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HomeMy WebLinkAboutAgenda Packet City Council - 12/14/2010r IMMO Imo► MOM Pi a 1E1.4 FR4 1852 11:45 A.M. - Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 14, 2010 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CiTY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4 :00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitedo, habra un interprete ingles - espanol en todas las juntas del Concilio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend Greg Hackett, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tern Mark Scott Council Members:, Chris N. Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Linda Strong Agenda Regular Council Meeting December 14, 2010 Page 2 E. MINUTES: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. Approval of Regular Meeting of December 7, 2010. (Attachment #1 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Arts and Cultural Commission * Corpus Christi Regional Economic Development Corporation * Watershore and Beach Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $35,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) Agenda Regular Council Meeting December 14, 2010 Page 3 4. 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) grant for DWI enforcement overtime within the Police Department with a City match of $12,970 and to execute all related documents. (Attachment # 3) b. Ordinance appropriating $35,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. (Attachment # 3) a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $150,747.24 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program for the purchase of a Laboratory Information Management System, installation, and personnel training and to execute all related documents. (Attachment # 4) b. Ordinance appropriating $150,747.24 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund. (Attachment # 4) a. Motion authorizing the City Manager or his designee to accept a grant award in the amount of $99,974 from the State of Texas, Office of the Governor, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in the Police Department, and to execute all related documents. (Attachment # 5) b. Ordinance appropriating $99,974 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grant Fund for funding available to address gang issues. (Attachment # 5) 6. Ordinance appropriating $19,344 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality (TCEQ) in the No. 1067 Agenda Regular Council Meeting December 14, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. (Attachment # 6) a. Resolution approving the continuation of the Corpus Christi Business and Job Development Corporation's Affordable Housing — New Construction Program for FY 2010 -2011. (Attachment # 7) b. Resolution approving the Corpus Christi Business and Job Development Corporation's Affordable Housing — Existing Housing Inventory Program and the Program Guidelines. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to purchase network equipment from Calence, DIR -SDD -1360, to replace outdated and non - maintenance networking equipment for the Emergency Operations Center and the Water/Fleet Service Center for a total cost of $709,262. This purchase will be financed over a four year period with Key Government Finance, Inc. of Superior, Colorado with first year payment of $185,579.73 and subsequent annual payments of $181,589.27 ($730,347.54). (Attachment # 8) 9. Ordinance appropriating $514,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450 -21800 -4220 to pay The Preserve at Mustang Island, LLC for the construction and installation of a Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a 4-inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. (Attachment # 9) 7. 10. a. Resolution authorizing the City Manager or his designee to accept a grant from the Texas General Land Office's Coastal Management Program in the amount of $24,149 for costs associated with preparation of the City's required Coastal Erosion Response Plan, with a city match of $16,166 in -kind services, including $9,900 in contractual services, and a total project cost of $40,315. (Attachment # 10) b. Ordinance appropriating reimbursements of up to $24,149 from the Texas General Land Office's Coastal Management Program in the No. 1071 Community Enrichments Grants Agenda Regular Council Meeting December 14, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Fund for preparation of the City's Coastal Erosion Response Plan. (Attachment # 10) 11. a. Resolution authorizing the City Manager or his designee to accept a grant from the Texas Commission on Environmental Quality in the amount of $516,329.26 for air quality planning. (Attachment # 11) b. Ordinance appropriating $516,32926 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning. (Attachment # 11) c. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the University of North Texas in the amount of $259,000 for the "Corpus Christi Ozone Near Non - attainment Area Assessment and Planning Study" as required by the City's Rider 8 Air Quality planning grant from the Texas Commission on Environmental Quality. (Attachment # 11) d. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A &M University - Corpus Christi in the amount of $200,000 for the Pollution Prevention Partnership, maintaining a public website with air quality information and technical and outreach efforts undertaken by the partnership, implementing the auto check vehicles emission reduction program, and public outreach projects, as required by the City's Rider 8 Air Quality planning grant from the Texas Commission on Environmental Quality. (Attachment # 11) 12. Ordinance authorizing and allowing under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; and establishing an effective date for such actions. (Attachment # 12) Agenda Regular Council Meeting December 14, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13. Ordinance appropriating payment from Nueces County in the amount of $15,500 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the Board. (Attachment # 13) 14. a. Motion to authorize the City Manager or his designee to execute documents to accept donation of $50,000 from HEB for City recycling education program; including documents regarding placement of HEB sponsorship logo on recycling bins. (Attachment # 14) b. Ordinance appropriating a $50,000 donation from HEB in the No. 1020 General Fund for City recycling education program; changing FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $50,000. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Chuck Anastos Associates, LLC of Corpus Christi, Texas in the amount of $151,073 for the New Fire Station No. 18 for design, bidding and construction phase services and additional services. (BOND ISSUE 2008) (Attachment # 15) 16. Motion authorizing the City Manager or his designee to ratify services provided and to execute Amendment No. 27 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $59,932.95, for a restated not to exceed total fee of $4,084,792.08 for additional construction management and inspection services for Airfield Equipment, Storage and Maintenance Facility Project No. 10068. (Attachment # 16) 17. a. Resolution authorizing the City Manager or his designee to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $23,560 for adjusting manholes and valves on FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge (an on- system location) including construction items and direct state costs. (Attachment # 17) Agenda Regular Council Meeting December 14, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Resolution authorizing the City Manager or his designee to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $6,840 for adjusting manholes on SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road, (an on- system location) including construction items and direct state costs. (Attachment # 17) c. Resolution authorizing the City Manager or his designee to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $52,303 for the adjustment of manholes and water valves on FM 43 from SH 358 to SH 357. (Attachment # 17) d. Resolution authorizing the City Manager or his designee to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $4,080 for the design of the Holly Road Improvements from SH 286 to Greenwood Drive. (BOND ISSUE 2008) (Attachment # 17) 18. Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $79,003.22 for the Water Garden Electrical Repairs Project. (Attachment # 18) 19. Ordinance authorizing the City Manager or his designee to execute a five -year Ground Lease with Haas - Anderson Construction, Ltd. for 3.89 acres out of 25.06 -acre tract of City property known as the Hala Pit Landfill located north of the intersection of Greenwood Drive and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $400 per month. (Attachment # 19) 20. First Reading Ordinance - Authorizing the City Manager or his designee to execute a five -year Lease Agreement (with the option for three five year renewals) with BBC Capital, Ltd., for a 1.068 acre tract of land and a 0.20 acre tract of land located at the northern end of Corpus Christi Beach,. providing for publication. (Attachment # 20) Agenda Regular Council Meeting December 14, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21. Motion accepting the high bid of $252,000 submitted by Channel Investments, Ltd. for the property consisting of 16,485 square feet (0.378 acre) of vacant land out of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Corpus Christi, Texas and authorizing the City Manager or his designee to proceed with the sale of the property. (Attachment # 21) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 22. Executive Session under Texas Government Code Section 551.071 regarding In re the Complaint of Mercury Air Center — Corpus Christi, Inc. d.b.a. Atlantic Aviation, Complainant — against- City of Corpus Christi, Respondent, pursuant to Part 16 of the Federal Aviation Regulations. 23. Executive Session under Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease, or value of real property, with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 24. Case No. 1110 -02, Thomas S. Mackie, Ill: A change of zoning from the "R-1B" One - family Dwelling District to the "1 -2" Light Industrial District resulting in a change of future land use from a commercial use to a light industrial use. The property to be rezoned is described as approximately 1.972 acres of Calallen Annex, Tract B, located east of the Interstate Highway 37 and approximately 570 feet south of Redbird Lane. (Attachment # 24) Agenda Regular Council Meeting December 14, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES, (Refer to legend at the end of the agenda summary) Planning Commission and Staffs Recommendation: Denial of the "1 -2 Light Industrial District ", and in lieu thereof, approval of a "B-4/SP" General Business District with a Special Permit for a tractor trailer storage yard subject to a Site Plan and six (6) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Thomas S. Mackie, Ill, by changing the Zoning Map in reference to approximately 1.972 acres of Calalien Annex, Tract B, located east of the Interstate Highway 37 and approximately 570 feet south of Redbird Lane at 1 3142 Interstate Highway 37, from "R- 1B" One - family Dwelling District to "B-4/SP" General Business District with a Special Permit for a storage yard, without resulting in a change of future land use, but subject to the Site Plan and the following six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25. Resolution accepting the Project for Public Spaces' Report called "Placemaking at Destination Bayfront" and endorsing the concepts in the report as a Master Planning document for the redevelopment of the public spaces in the area from McCaughan Park to Sherrill Park as Destination Bayfront and directing City Manager to work with the Destination Bayfront Organizers to develop an appropriate implementation plan and schedule, including the revision of the City's Comprehensive Plan to adopt the Destination Bayfront Concepts. (Attachment # 25) 26. Resolution amending the Debt Management Policy for the City of Corpus Christi by amending Section 6.3a regarding utility relocation costs in relation to bond elections, amending Section 6.3g describing Tax Anticipation Notes and Tax Notes, amending Section 15 regarding Tax Compliance, amending Section 16 regarding Capital Improvement Program projects, Agenda Regular Council Meeting December 14, 2010 Page 10 27. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) and by making other non- substantive clarifications, and approving the Debt Management Policy as amended for Fiscal Year 2010 -2011. (Attachment # 26) a. Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $6,139,638.55 for Flour Bluff Drive, Phase 1 from SPID to Graham, Flour Bluff Drive, Phase 2 from Graham to Don Patricia and Flour Bluff Drive Outfall for Base Bid and Additive Alternates No. 2 and 5. (BOND ISSUE 2008) (Attachment # 27) b. Motion authorizing the City Manager or his designee to execute Bid Alternate No. 7 with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $100,000 for Flour Bluff Drive Phase 1 from SPID to Graham, Flour Bluff Phase 2 from Graham to Don Patricia and Flour Bluff Drive Outfall, subject to the execution of an agreement with WaI -Mart. (Attachment # 27) c. Motion authorizing the City Manager or his designee to negotiate and execute an agreement with Wal -Mart for the City to phase construction under Bid Alternate No. 7 (to complete Phase 1 within 300 days from the Notice to Proceed). (Attachment # 27) d. Motion authorizing the City Manager or his designee to execute a professional engineering materials inspection and testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $77,452 for Flour Bluff Drive Phase 1 from SPID to Graham, Flour Bluff Drive Phase 2 from Graham to Don Patricia and Flour Bluff Drive Outfall for Base Bid and Additive Alternates No. 2 and 5. (BOND ISSUE 2008) (Attachment # 27) 28. Ordinance changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683, regarding the number of police officer positions budgeted, pursuant to Article 13, Section 0 of the agreement between the City of Corpus Christi and the Corpus Christi Police Officers' Association by increasing the number of "Police Lieutenant" positions by one and reducing the Agenda Regular Council Meeting December 14, 2010 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) number of "Police Officer and Senior Police Officer" positions by one; providing an effective date of December 20, 2010. (Attachment # 28) 29. First Reading Ordinance - Amending Section 38 -46, Code of Ordinances, City of Corpus Christi, by adding a new section (i) to regulate aggressive panhandling in public places and by providing that a culpable mental state is not required; providing for penalties; and providing for publication. (Attachment # 29) 30. First Reading Ordinance - Amending Section 53 -109, Code of Ordinances, City of Corpus Christi, regarding operation of golf carts on Mustang and Padre Island, providing for penalties, and providing for publication. (Attachment # 30) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 31. Presentation on Corpus Christi Intercity Visit to Oklahoma City on October 5 and 6, 2010 (Attachment # 31) 32. Regional Health Awareness Board Activity Update (Attachment # 32) 33. Las Colonias Update (To be considered at approximately 2 :00 p.m.) (Attachment # 33) 34. Overview of Proposed Revisions to the Existing Ordinance Governing Towing Services (Attachment # 34) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4 :00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Agenda Regular Council Meeting December 14, 2010 Page 12 PLEASE BE ADVISED THAT THE OPEN MEETINGS PROHIBITS THE CITY COUNCIL FROM RESPONDING DISCUSSING YOUR COMMENTS AT LENGTH. THE ONLY AUTHORIZES THEM TO DO THE FOLLOWING: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ACT AND LAW 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 11:0 O p.m., on December 9, 2010. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2010 -2011 Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence PRESENT Mayor Joe Adame Mayor Pro Tern Mark Scott Council Members: Chris -Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Linda Strong MINUTES CIT Y OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 7, 201 0 - 12 :00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Sean Maloney with St. Bartholomew's Episcopal Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. Mayor Adame called for a moment of silence in remembrance of Pearl Harbor and Council Member Leal requested a moment of silence in honor of Orange Grove Marine Cotton Rusk who was killed in Afghanistan. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meetings of November 9, 2010 and November 16, 2010 and the special Council meetings of November 11, 2010 and November 30, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Food Service Advisory Committee Robert Boyle (Appointed) Port of Corpus Christi Authority Mike Carrell (Reappointed) Marina Advisory Committee Robert Vega (Reappointed) Hal Suter (Reappointed) Roy Pell (Reappointed) Monte Reitz (Appointed) * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 3 - 12). Mr. Bill Kopecky requested that Item 8 be pulled for individual consideration. Mr. Abel Alonzo requested that Item 11 be pulled for individual consideration. Council members requested that Item 8 be pulled and considered during the Capital Budget discussion. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010 -287 Motion approving the purchase of one (1) commercial slope mower from Kut Kwick Corporation of Brunswick, Georgia in the amount of $51,217 based on sole source. The —1— Minutes — Regular Council Meeting December 6, 2010 — Page 2 slope mower will be used by the Water Department at the Wesley Seale Dam. Funding is budgeted and available in the Maintenance Services Fund for FY 2010 -2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Elizondo and Kieschnick were absent. 4. MOTION NO. 2010-288 Motion approving the lease purchase of one (1) rescue pumper from Siddons Fire Apparatus, Inc. of Manor, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $399,998.63. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Elizondo and Kieschnick were absent. 5. MOTION NO. 2010-289 Motion approving a depository services agreement with The Frost National Bank of San Antonio, Texas for the provision of depository services for the City's funds, in accordance with Request for Applications BI- 0210 -10, for a period of three years, to renew automatically for up to two additional one -year periods, unless terminated by provision of 90 days' prior notice, for an estimated three -year expenditure of $458,749.44, of which $43,007.76 is required for the remainder of FY 2010 -2011. Funds are budgeted and available in the General Fund in FY 2010 -2011 and will be requested in subsequent fiscal years. The foregoing motion was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Elizondo and Kieschnick were absent. 6. RESOLUTION NO. 028867 Resolution authorizing the City Manager or his designee to execute the Emergency Medical Services Medical Director contract with CHRISTUS Spohn Health System Corporation to provide medical director services and medical supervision to the City's Emergency Medical Services ( "EMS "), for an annual payment of $30,000, and subject to automatic annual renewals. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Elizondo and Kieschnick were absent. 7.a. RESOLUTION NO. 028868 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $48,553 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $33,553 for furnishings for the Greenwood Branch Library; and $15,000 for public access computers. Minutes — Regular Council Meeting December 6, 2010 — Page 3 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Elizondo and Kieschnick were absent. 7.b. ORDINANCE NO. 028869 9. Ordinance appropriating a grant in the amount of $48,553 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows: $33,553 for furnishings for the Greenwood Branch Library; and $15,000 for public access computers. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Elizondo and Kieschnick were absent. RESOLUTION NO. 028870 Resolution reaffirming the City of Corpus Christi's Investment Policy. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Elizondo and Kieschnick were absent. 10. ORDINANCE NO. 028871 Ordinance authorizing the resale of four (4) properties for $6,725 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $427.90 plus $1,314.49 for partial payment of City paving and demolition liens. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adams, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Elizondo and Kieschnick were absent. 12. RESOLUTION NO. 028872 Resolution endorsing the recommendations made by the Mayor's Veterans Memorial Task Force related to the future improvements to the Sherrill Park area and planning for future memorials to our veterans. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye "; Elizondo and Kieschnick were absent. Mayor Adame opened discussion on Item 8 regarding the Debt Management Policy. Bill Kopecky, 3609 Topeka, spoke regarding the inclusion of related utility relocation costs in future bond elections and the use of certificates of obligation. Mr. Kopecky also questioned the use of tax notes as a funding source for the South Guth Ball Field Relocation project. In response to Mayor Adame, City Secretary Chapa stated that Council can postpone consideration of this item until the Capital Budget discussion. Mayor Adame opened discussion on Item 11 regarding the Americans with Disabilities (ADA) Sidewalk Accessibility Improvements along Staples Street from Leopard Avenue to Six Points and Water Street from Coopers Alley to I 37. Abel Alonzo, 1701 Thames, welcomed Council Member -3- Minutes -- Regular Council Meeting December 6, 2010 — Page 4 Strong to the City Council and thanked City Manager Escobar and staff for their commitment to improving ADA compliance in the City. Council Member Leal requested that staff consider using additional funding from Bond 2004 or Bond 2008 to improve the sidewalks in the Mansheim /Sunnybrook area. Council Member Marez asked for an update on the status of the sidewalk improvements at Comanche and Staples Street. City Secretary Chapa polled the Council for their votes as follows: 11. MOTION-NO. 2010-290- Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with AGCM, Inc. of Corpus Christi, Texas in the amount of $99,450 for Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from Coopers Alley to IN 37 for construction management/inspection services. (BOND 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". * * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 13. Executive Session under Texas Government Code Section 551.072 to deliberate the purchase, exchange, lease or value of real property, with possible discussion and action in open session. 14. Executive Session pursuant to Texas Government Code 551.074 Personnel Matters to discuss continued employment of City Manager pending search process and qualifications of successor with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken on Item 13 in open session. The following motion was passed with the following vote for Item 14: 14. MOTION NO. 2010-291 Motion to authorize the Mayor to execute an agreement postponing the City Manager's retirement date which is presently set for January 4, 2011 for sixty (60) days with an option to extend month to month as agreed by the City Council. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye'. * * * * * * * * * * ** Mayor Adame referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1010 -01 Admirals' Row Council of Co- owners: The applicant is requesting a change of zoning from the "AT" Apartment- Tourist District to the "ATIPUD -2" Apartment - Tourist District with Planned Unit Development -2 not resulting in a change of land use. The —4— Minutes — Regular Council Meeting December 6, 2010 — Page 5 property to be rezoned is described as 8.658 acres out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, located between State Highway 361 and the Gulf of Mexico, approximately one (1) mile north of Access Road 2. Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; existing land use map; the future land use map; ownership map; photos of the subject property; the site plan; location; and "PUD" conditions. Mr. Saldana stated that the Planning Commission and staff recommended approval of the "AT" Apartment Tourist District to "AT /PUD -2" Apartment- Tourist District with Planned Unit Development — 2 subject to a site plan and eight (8) conditions. Mayor Adame called for comments from the audience. John Bell, on behalf of the Council of Admirals' Row, stated that the applicant is in support of this change and requested Council approval. Carolyn Moon, 4902 Calvin, asked questions regarding the location of the additional three (3) residential units and the 350 foot setback. Mr. Bell explained that the three (3) units were beyond the 350 foot setback. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 028873 Ordinance amending the Zoning Ordinance, upon application by Admirals' Row Council of Co- owners, by changing the Zoning Map in reference to 8.658 acres out of the J. W. Waterbury Survey No. 596, Abstract 408, Land Script 167, located between State Highway 361 and the Gulf of Mexico, approximately one (1) mile north of Access Road 2, from the "AT" Apartment- Tourist District to the "AT /PUD -2" Apartment - Tourist District with Planned Unit Development -2 (PUD -2), not resulting in a change of land use, but subject to a site plan and eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Strong abstained; Marez was absent. * * * * * * * * * * * ** Mayor Adame referred to Item 23 regarding delivery of the Destination Bayfront Final Report. Mayor Adame refrained from the discussion on this item. Director of Intergovernmental Relations Rudy Garza introduced the presentation team including Trey McCampbell; J.J. Hart; and David Loeb. Mr. McCampbell referred to a powerpoint presentation including the mission of Destination Bayfront; the purpose of the report; the timeline of activities; and the efforts to date. Mr. Loeb provided information on the themes from the community input and the top questions from the public input. Mr. Hart explained the vision of Destination Bayfront and a breakdown of the placement of areas. Mr. McCampbell reported that the next steps include a future resolution accepting and endorsing the site activity plan and creation of the implementation plan for Phase 2. The following topics pertaining to this item were discussed: Discovery Green in Houston, Texas; the completion of Phase 1; the potential of creating economic development; communication with the community; funding mechanisms; shade covering at Sherrill Memorial Gardens; the proposed concept for Cooper's Alley; the financial contributions made to the project; the timeline for Phase 2 and anticipated completion; and the realignment of Shoreline Boulevard. —5— Minutes — Regular Council Meeting December 6, 2010 — Page 6 * * * * * * * * * * * ** Mayor Adame opened discussion on Item 16 regarding the South Guth Park Ball Field Relocation and Paul Jones Avenue & Holly Road Extension. Director of Engineering Services Pete Anaya recognized league representatives from National Little League; Oso Pony League and Oso Kickball League. Mr. Anaya introduced Billy Delgado and Jerry Shoemaker with Engineering;. Director of Parks and Recreation Michael Morris; designer Terry Oil; and John Michael with Naismith Engineering. Mr. Anaya referred to a powerpoint presentation including a background; the sports complex scope; the street project scope; the project meetings; the site plan; bleacher and shade locations; scoreboards; photos of the National Little League, Oso Kickball League, and Oso Pony League complexes; the typical maintenance building; parking lot construction; parking lot and pond; Paul Jones Avenue; overall City projects; project schedule; and costs. The following topics pertaining to this item were discussed: rehabilitation of the street to the complex; parking challenges and coordinating efforts with the Corpus Christi Independent School District to utilize their property during large events; and the inclusion of trees in the design. Mayor Adame called for comments from the audience. Jerry Garcia, Southside Pony League, asked the Council to consider improvements to the Southside Pony League complex in future bond elections. City Secretary Chapa polled the Council for their votes as follows: 16.a. MOTION NO. 2010-292 Motion approving the purchase of thirteen (13) electronic scoreboards from Spectrum Corporation, of Houston, Texas for a total amount of $87,241. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The scoreboards are for the South Guth Ball Field Relocation to a tract located on Paul Jones Avenue. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 16.b. MOTION NO. 2010 -293 Motion approving the purchase of thirty -nine (39) sets of bleachers with shade structures from T. F. Harper, of Austin, Texas for a total amount of $562,681.50. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The bleachers are for the South Guth Ball Field Relocation to a tract located on Paul Jones Avenue. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". 16.c. MOTION NO. 2010-294 Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $804,951.41 for the Paul Jones Avenue Holly Road Extension Project for the Base Bid plus Additive Alternate No. 2 and Additive Alternate No. 3. —6— Minutes - Regular Council Meeting December 6, 2010 - Page 7 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame opened discussion on Item 17 regarding the construction of decorative lighting of the Harbor Bridge. Director of Intergovernmental Relations Rudy Garza explained that the Texas Department of Transportation (TxDOT) is currently refurbishing the Harbor Bridge and TxDOT is using the savings achieved to fund the construction of decorative lighting on the bridge. Mr. Garza reported that TxDOT will install the LED lighting system on the Harbor Bridge for approximately $1.27 million and the City and the Port of Corpus Christi will equally share in the maintenance and operation- costs -of- the - lights- in -an- amount of- approximately $50,000- each - per - year -for -a 1-0 -year period. In response to Council Member Scott, Mr. Garza stated that he would prepare a future agenda item and presentation from John Casey with TxDOT to discuss the new bridge. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked Rudy Garza and TxDOT for their work on this project. John Michael provided a brief background on the lighting concept for this project. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 028874 Resolution approving a Local Transportation Project Advance Funding Agreement for a Category 11 District Discretionary Funding On- System Project involving the construction of decorative lighting of the Harbor Bridge. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Elizondo was absent. Mayor Adame opened discussion on Item 18 regarding the South Texas Aggregation Project. Director of Intergovernmental Relations Rudy Garza explained that natural gas prices have declined and the resolution presented allows the City to extend the current five -year contract to 2018 at a reduced cost to capture the saving in 2011. Mr. Garza reported that the annual savings is estimated at approximately $1.5 million off the existing electric contract. In response to Council Member Scott, Mr. Garza stated that the electric consumption cost would be factored into next year's budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 028877 Resolution authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate an extension to the current electric supply and necessary related services agreement with Next Era for a fixed price per kWh that is lower than contract rates for 2011 -2013, said extension to continue until December 31, 2018; authorizing STAP to act as an agent on behalf of the City to enter into a contract for electricity; authorizing the Chairman of STAP to execute an extension to the current electric supply agreement for deliveries of electricity effective January 1, 2011 or as soon after finalization of a contract as possible; committing to budget for energy purchases and to honor the City's commitments to purchase power through STAP for its electrical needs through December 31, 2018. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". -7- Minutes — Regular Council Meeting December 6, 2010 — Page 8 Mayor Adame opened discussion on Item 19 regarding temporary property tax abatement for Corwell, Express, LP (Holiday Inn Express). Emily Martinez, Corpus Christi Regional Economic Development Corporation (EDC), explained that Corwell Express, LP is requesting temporary tax abatement for the Holiday Inn Express. Ms. Martinez stated that the request is in accordance with the City's Tax Abatement policy. In response to Mayor Adame, Ms. Martinez stated that the project is currently under construction.-There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 028878 Resolution authorizing the execution of an agreement with Corwell Express, LP (Holiday Inn Express) providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Adams, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". Mayor Adame opened discussion on Item 20 regarding the collective bargaining agreement with the Corpus Christi Police Officers' Association (CCPOA). Assistant City Manager Oscar Martinez explained the City and the CCPOA have agreed to a contract pursuant to Chapter 174 of the Texas Local Government Code and an election was held to ratify the contract to bring forth for Council approval. Mr. Martinez expressed his appreciation to the CCPOA and the City's negotiating team. Mr. Martinez summarized the changes to the agreement. The following topics pertaining to this item were discussed: the long term 5 -year contract; consideration to benefits; how the gradual cost will affect the budget in the 4th and 5th years; and letters sent to retired police officers regarding the opportunity to move into the Medicare Advantage Plan. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, stated that he felt that staff did not work in a good faith effort on the agreement with the CCPOA and asked the Council to direct the City Manager to have staff treat police officers with respect and dignity. Mike Staff, President of the CCPOA, congratulated Council Member Strong and requested Council's support to approve the contract Mr. Staff thanked the negotiating teams and stated that the contract is in the best interest of the citizens and police officers. Joan Veith, 5701 Cain Drive, said that the Council should be proud of the CCPOA and staff for their professionalism and working well together. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2010 -295 Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits, and working conditions. The foregoing motion was passed and approved with the following vote: Adams, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". City Secretary Chapa asked Council to return to Item 17 regarding the lighting of the Harbor Bridge. Mr. Chaps explained that staff has provided an ordinance appropriating funds for this item and clarified that Council could approve this ordinance based on the language on the agenda. -8- Minutes — Regular Council Meeting December 6, 2010 — Page 9 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17.1. ORDINANCE NO. 028875 Ordinance appropriating $298,000 out of the Unappropriated Fund Balance in the No, 1020 General Fund for the Lighting of the Harbor Bridge; changing the FY2010 -2011 Operating Budget adopted by Ordinance No. 02683 by increasing appropriations by $298,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent. Mayor Adame opened discussion on Item 21 regarding a change to the FY2010 -2011 Operating Budget to allow for the reduction of Police Commanders and an increase of (1) one Assistant Police Chief. Police Chief Troy Riggs explained that he there is a great need for an additional Assistant Chief to allow for one (1) Assistant Chief to manage the operations and one (1) Assistant Chief to manage the administration. Chief Riggs presented an organization chart and asked for consideration to enhance one (1) of the Commanders to Assistant Chief and reduce the number of Commanders to enhance the overall structure of the department. Chief Riggs reported that he presented the "State of the Police Department Address" that celebrated the accomplishments of the Police Department. Mayor Adame called for comments from the audience. Mike Staff, President of the Corpus Christi Police Officers' Association, and Abel Alonzo, 1701 Thames, spoke in support of the organizational changes. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028876 Ordinance changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683, regarding the number of police officer positions budgeted, reducing the number of Police Commanders from six to five, and increasing the number of Assistant Police Chiefs from one to two, effective January 17, 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye ". * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, congratulated Council Member Strong on her appointment and made an announcement changing the date of the "State of the City" to January 27, 2011. Carolyn Moon, 4902 Calvin, spoke regarding the need for concessions at Bill Witt Park. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 22 regarding the following public hearing: 22. Public Hearing and First Reading Ordinance to consider approving the FY2011 Capital Budget and Capital Improvement Planning Guide in the amount of $204,724,200. -9- Minutes — Regular Council Meeting December 6, 2010 — Page 10 Assistant City Manager Johnny Perales explained that during the August 315' presentation, staff discussed the various financial aspects of the Capital Improvement Program including a pay as you go program and three different funding options. Mr. Perales stated that staff is recommending the mid -range option which is based on historical levels of funding. Mr. Perales referred to handouts including the combined utility short and long range CIP; the FY2010 -2011 combined water utilities budgeted expenditures; combined water utilities revenues and capital funding capacity; capital capacity summary based on current $75 million per year funding; and capital capacity summary based on $75 million alternate year funding. The following topics pertaining to this item were discussed: the preliminary rate increases associated with current projects that will affect the 2011 budget; the 10 -year impact on utility rates; options to reduce the rate increases including use of reserves to buy down on rate increases; the $6 million transfer from utilities; and the utilization of tax notes. Council Member Scott stated that the only thing that matters is the amount of rate increases the Council is obligated to vote for next fiscal year if the presented CIP is approve. Mr. Scott explained that he wanted staff to present the impact on the utility rates with the options to decrease the rates or present a lesser scope of the GIP program. Council Member Martinez stated that Council made it clear and voted unanimously that it was not business as usual and requested that the utility rate model be changed. Ms. Martinez spoke regarding the pay as you go option and the bond election utility relocation. Ms. Martinez expressed that she could not support the CIP today. Ms. Martinez requested that staff provide information on the reauthorization of 2008 bond funds; a comparison of the last three budgetary years and comparing debt; and discussion on the seawall funds and developer trust funds. Council Member Elizondo supported the comments made by Mr. Scott and Ms. Martinez. Mr. Elizondo stated that there is still work that needs to be done on the CIP and the Operating Budget during these challenging times. Council Member Kieschnick spoke regarding the prioritization of projects and controlling the rate increases. Mr. Kieschnick asked whether the Council is obligated to continue the 2008 Bond projects that are not critical. Mr. Perales reported that the 2008 Bond scope of projects can't be amended but staff can review the projects to adjust the scheduling to reduce the immediate impact to utility rates. Council Member Leal clarified that she voted against the utility rate increase in July. Mayor Adame concurred with previous council comments and asked staff to review projects to make them more economical. A motion was made, seconded and passed to open the public hearing. No one appeared in opposition to the capital budget. Ms, Martinez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Scott made a motion to table this item until January 2011. The motion was seconded by Ms. Strong. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Martinez, Scott, and Strong, voting "Aye "; Kieschnick and Marez, were absent. Minutes — Regular Council Meeting December 6, 2010 — Page 11 21. TABLED TO JANUARY 2011 Improvement Planning Guido in the amount of $204,724,200. In regards to Item 8, Ms. Martinez made a motion to table until December 14, 2010. The motion was seconded by Mr. Scott. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Martinez, Scott, and Strong, voting "Aye "; Kieschnick and Marez, were absent. 8. TABLED TO DECEMBER 14. 2010 and approving tho Dobt Managcmcnt Policy as amcndod for Fiscal Year 2010 204-1- * * * * * * * * * * * * * Mayor Adame referred to Item 24 regarding an update on the Unified Development Code (UDC). Assistant City Manager Johnny Perales introduced John Bell to present the presentation. Mr. Bell referred to a powerpoint presentation including the purpose of the UDC; the development background; the seven (7) focus groups; the table of contents; and process moving forward. The following topics pertaining to this item were discussed: how often the Zoning Ordinance is updated; benefits to improving the UDC; coordination of the permitting process for Nueces County Beach Management; and the training process for staff. Mayor Adame referred to Item 25 regarding a presentation on the Maximo Application. Director of Municipal Information Systems (MIS) Michael Armstrong explained that this presentation covers how Maximo is used by the City's Call Center. Mr. Armstrong referred to a powerpoint presentation including the number of work orders created in FY2009 -2010; how citizen complaints were previously received; the efficiency of the call center; creation of work orders; GIS integration; department monitoring; and tracking work history in specific locations. Mr. Armstrong reported that IBM is holding a webcast featuring Corpus Christi for the City's use of Maximo software. Director of Water Operations Gus Gonzalez stated that Maximo is a critical tool used by the Water Department. The following topics pertaining to this item were discussed: Maximo tracking reoccurring problems in specific locations; entering accurate information in the description of the work order; the after hours emergency number; use of Maximo as a budgetary instrument; and the comparison of Maximo to SAP. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:40 p.m. on December 7, 2010. * * * * * * * * * * * * * a. ARTS AND CULTURAL COMMISSION — One (1) vacancy with term to 9 -1 -11 representing the following category: 1 - higher education representative. (Appointed by the Mayor and subject to confirmation by the Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: Nine (9) members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (1) marketing representatives; (1) Economic Development/Tourism representatives; (1) Public Space/Public Art representatives; (1) Youth/Education representatives; (1) Performing Arts representative; (1) Visual Arts representative; (1) Architecture representative; (1) Higher Education representative; (1) Business development groups /corporate representative. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. ORIGINAL MEMBERS TERM APPTD. DATE Joseph B. Schenk (Visual Arts) 9 -01 -12 3 -11 -08 Frank Trimble (Architecture) 9 -01 -11 10 -11 -05 Karina Paris (Business Dev /Corporate Group) 9 -01 -13 12 -08 -09 Heidi Hovda (Performing Arts) 9 -01 -13 6 -12 -07 Joe Hilliard (Economic Dev./ Tourism) 9 -01 -12 6 -12 -07 Dianna Bluntzer -Dura (Public Space/ Public Art) 9 -01 -13 9 -29 -09 Corinne Valadez (Youth/Education) 9 -01 -11 9 -29 -09 * * *Alen Burch (Higher Education) 9 -01 -11 7 -07 -09 Joye LaBarrett (Marketing) 9 -01 -12 5 -09 -06 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * * **Exceeded number of absences allowed by ordinance * * * * * Has met six -year service limitation (The Arts and Cultural Commission is recommending the new appointment of Kelly Quintanilla (Higher Education). INDIVIDUALS EXPRESSING INTEREST Sue Crowson Brad Kisner Alison H. Leithner Kelly Quintanilla Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (Higher Education) (4- 29 -09) Director of Music, First United Methodist Church. Received Bachelor of Music Education from Oklahoma State University and Master of Sacred Music from Southern Methodist University. Activities include: Adjunct Instructor of Music at Texas A &M University- Corpus Christi and Dean of Corpus Christi Chapter American Guild of Organists. Previously Served on Arts and Cultural Commission, Corpus Christi Symphony Orchestra and Other Professional Music Organizations. (Higher Education) (7-10-09) International Relations Officer, Texas A &M University - Corpus Christi. Activities include: Young Business Professionals of the Coastal Bend. (Higher Education) (11- 22 -10) Dean, College of Liberal Arts, Texas A &M University — Corpus Christi. Received Ph.D in Communication from Pennsylvania State University. Activities include: Art Museum of South Texas and Harbor Playhouse. (Higher Education) (11 -4 -10) b. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION - One (1) vacancy with term to 12- 31 -13. DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for three -year staggered terms and one (1) director (Council Member) appointed by the Mayor of the City of Corpus Christi. The remainder of the Board shall be comprised of not more than seven (7) persons elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port; the Mayor shall also serve as an ex- officio, voting director. The City Manager and Port Director shall serve as ex- officio, non - voting members. The directors shall serve not more than two, consecutive, three -year terms staggered as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. MEMBERS Charlie Hicks (Membership) Art Granado (City) Sam Beecroft (City) Leon Leob (City) *****Gene Guernsey (City) Chris N. Adler (Mayor Appt) Rep. Judy Hawley (Port Authority) Mike Carrell (Port Authority) Dennis Payne (Membership) Elizabeth Chu Richter (Membership) Tony LaMantia (Membership) Pablo Vegas (Membership) David Engel (Membership), Chair Garry Bradford (Membership) Mayor Joe Adame Port Director John LaRue City Manager 'Angel Escobar ORIGINAL TERM APPTD, DATE 12 -31 -10 12 -31 -12 12 -15 -09 12 -31 -11 12 -09 -08 12 -31 -12 09 -11 -07 12 -31 -10 12 -10 -02 Term of Office (Voting) 05 -19 -09 12 -31 -10 12 -31 -11 12 -31 -11 12 -31 -12 12 -31 -10 12 -31 -12 12 -31 -10 12 -31 -11 Term of office, Voting Ex- Officio, Nonvoting Ex- Officio, Nonvoting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Corpus Christi Regional Economic Development Corporation is recommending the new appointment of Willard H. Hammonds 11). OTHER INDIVIDUALS EXPRESSING INTEREST Sandra Alvarez Richard Bell Tamara Brennan Barry L. Brown Robert Cagle Regional Manager - External Affairs, AT &T Texas. Attends Texas A &M University- Corpus Christi. Activities include: Chamber of Commerce, Del Mar College Foundation, Big Brothers Big Sisters and Rotary Club of Corpus Christi. Recipient of LULAC Outstanding Community Leader, 2007, Big Sister of the Year,2008 and Y Women in Careers, 2009. (6- 12 -09) Director, Texas A &M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management and MA in Accounting. Activities include: CCYC, YWCA and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (10- 12 -09) Owner, Uptown Business Services, LLC. Attended Mitchell College. Licensed Real Estate Broker. Formerly served on Mystic Junior Woman's Club, Ormond Beach Garden Club, and Oceanside 9's. (12-22-08) President, Corpus Christi Region, Kleberg First National Bank. United States Navy Reserve Officer- Captain. Received Bachelor's Degrees from Southeastern Louisiana University and Attended Law School at Louisiana State University. Activities include: Corpus Christi Mustangs, USO of South Texas, Navy League of United States Corpus Christi Council, Kiwanis Club of Corpus Christi, Texas A &M University of Corpus Christi College of Business Advisory Board, Navy Supply Corps Foundation and Naval Reserve Association. Veteran of Operation Iraqi Freedom, Operation Enduring Freedom and Operation Desert Shield/Desert Storm. Currently Serves on the Arts and Cultural Commission. (8- 26 -09) Vice President of Turnaround Division, Repcon, Inc. Received BS in Engineering Science and Mechanics from North Carolina State University and Masters of Business Administration from Lamar University, Beaumont. Activities include: Member of Rotary Club of Corpus Christi and Serves on Marina Advisory Committee, but will resign if appointed to this board. (4- 14 -09) Cristi J. Caviness Carl Cru11 Victor Frazier Roland Gaona Mike Garey Rolando Garza Timothy Goss Coretta Graham, Esq. Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Vice President, HDR Engineering, Inc. Received BS in Civil Engineering and MBA. Activities include: United Way Board. (6- 15 -09) Student Supervisor, Texas A &M University - Corpus Christi. Received a BA, MA, MS, and PhD. Activities include: Minister - Church of Christ. (4- 16 -09) Commercial Realtor, Self - Employed/The Clower Company. Attended College. Activities include: LULAC. (5- 27 -09) Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Political Labor Consultant. Attended Del Mar College. Advocate for Under Privileged, Civil Rights, Disabled Citizens and Americans with Disabilities Act Compliance. Refining Industry Work Experience. Regional Transportation Employee Representative. (10- 10 -10) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Self- Employed, Attorney — Graham Legal Services. Received BA from Douglass College, Rutgers University at New Brunswick, New Jersey and J.D. from TSU Thurgood Marshall School of Law at Houston, Texas. Activities include: State Bar of Texas Diversity Committee, Coastal Bend Women Lawyers, Leadership Corpus Christi, Kiwanis, Corpus Christi Bar Association, NAACP, and Black Chamber of Commerce. Serves on the CCCIC/Loan Review Committee. (4- 24 -09) Paul Grivich President, Grivich Minerals and Ming Corporation. Received BS in Political Science from Sam Houston State University. Serves on the Nueces County Civil Service Commission. Formerly Served on Nueces County Tax Appraisal District -Vice President, Hispanic Chamber of Commerce, and Zoning Board of Adjustment. (4- 14 -09) Chris Hamilton Vice - President, KIM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Serves on the CCCIC/Loan Review Committee. (12- 10 -08) Willard H. Hammonds II President, Apartment and Commercial Services, Inc. Activities include: IBC Bank Board Member, St James School Board and Driscoll Children's Hospital Development Board. (12 -8 -10) Gail Hoffman Executive Director, Images for Conservation Fund. Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16-08) Mariah Howard William Paul Hunt Jacey Jetton Senior, Mary Carroll High School. Activities include: Youth Advisory Committee, Environmental Society, and Junior Council. Currently Serves on the Human Relations Commission. (11- 10 -08) Retired; Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18 -09) Yvette Jaurigui Lara Mary Leyendecker Jerry Lipstreu Ed A. Lopez Gary Malone Assistant Director of Alumni Services, Del Mar College. Previously Director of Business Development, Greater Corpus Christi Business Alliance in Economic Development. Received BA in International Relations from St. Mary's University at San Antonio, Texas. Formerly a Board Member of Corpus Christi State School, Dress for Success and Junior League of Corpus Christi. Fluent in French, Spanish and Japanese. (12 -7 -09) Owner, Wow! The Smallest Gallery in Texas. Received BA in Communications from University of Houston. Activities include: Art Center, Downtown ArtWalk, Festival of the Arts, Nueces County Historical Society — President, and Gulf Coast Indian Confederation. Member of Editorial/Advertising Staff of We the People Newsmagazine, Cracker Barrel Journal, San Angelo Standard - Times, Angleton Times, Brazosport Facts and KZTV -TV. Recipient of Toby Award from Corpus Christi Council of PTA. (8-26-09) Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (4 -30- 09) Chief Lending Officer, Executive Vice President, Advisory Director, Texas Champion Bank. Received BBA- Finance from Texas A &I University, Kingsville, Texas and Graduate School of Banking from University of Wisconsin, Madison, Wisconsin. Activities include: Nueces County Tax Appraisal District Board Member. (4- 16 -09) Community Bank President Coastal Bend Market, Wells Fargo Bank. Received BA from Oklahoma Baptist University and MBA from Oklahoma City University. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Rotary Club, Corpus Christi Community Development Corporation, American Cancer Society, American Heart Association, and United Fund. (11- 24 -08) Michelle Mazur- Armstrong Received B.S. from Texas Tech University. Interested in Serving the Community. (3 -3 -09) Peter G. Melee Armando Mendez Joel S. Mumphord Gerard Navarro, Jr. Keith Parker Monica Pena -Moore Richard Pulido Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (3-2-09) General Clerk III, L-3 Communications and Equipment Specialist, Corpus Christi Army Depot. Received BBA in Business Administration from Texas A &M University- Corpus Christi. Activities include: Bay Area Fellowship Member and Sigma Phi Epsilon Alumni Association of Corpus Christi. Recipient of Senior Marshall Sigma Phi Epsilon Award, Leadership Award Sigma Phi Epsilon and Omicron Delta Epsilon Economics Honor Society. (5 -7- 10) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5-21-09) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5- 14 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC/Loan Review Committee. (4-23-09) Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, Task Force for national Multiple Sclerosis Society, Annual MS150 Ride, Junior Achievement, and Relay for Life with the American Cancer Society. (12 -1- 08) Senior Program Manager for IM/IT, SMARTnet, Inc. Formerly Regional Superintendent /Joint Program Director, United States Navy Space and Warfare Command. Received BS, Business Management from Park University and MS Management Graduate Degree at Embry- Riddle University. Retired Chief United States Navy. Activities include: Senior Deacon and Chairman — Master Plan Committee at Real Life Fellowship. (11- 20 -09) Michael O. San Miguel Woodrow Mac Sanders Latrice M. Sellers Lyndon Smiling Gloria Sykes - Saucedo Jennifer Taylor Marsha Williams Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Retired - Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4 -4 -09) Self- Employed. Received A.A. in Communications from Del Mar College and BA and MA from Minnesota Graduate School of Theology. Activities include: Community Organizer Currently Serves on the Cable Communications Commission. Recipient of Citizen of the Year Award and Rosa Parks Award. (4- 15 -09) Project Manager, Derco Aerospace. Retired United States Navy. Received BS in Technical Management from Embry - Riddle Aeronautical University. Currently enrolled in Master of Science Program. (11- 18 -10) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. Currently Serves on the Sister City Committee. (1- 14 -10) IT Recruiter, Integrity Workforce Solution. Received Associates Degree in Applied Science from San Antonio College. (8- 10 -09) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (4- 17 -09) Gary Wilson City President, BBVA Compass Bank. Received Bachelor of Business Administration from Texas State University and attended Southwest Graduate School of Banking at Southern Methodist University. Graduate of Realtors Institute — Texas Real Estate Broker. Activities include: Port Aransas Preservation and Historical Association Trustee and President of Driscoll Children's Hospital Development Board. (11- 21 -08) c. WATERSHORE AND BEACH ADVISORY COMMITTEE — Six (6) vacancies with terms to 12 -11 -11 and 12 -11 -12 representing the following categories: 1 — scientist, i.e. marine biologist, 1 — engineer, 1 — owner of a hotel or condominium located on North Padre Island or Mustang Island, 1 — member of the Corpus Christi Convention and Visitors Bureau, and 2 — at large members. DUTIES: To advise and make recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2 -264. COMPOSITION: Nine (9) members appointed by the City Council for two -year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. MEMBERS, *Joanna Mott (Scientist) ***Robert Thomas (Engineer) Jake Herring (Environmentalist), Chair *John Powell ( Hotel/Condo Owner) ***Kimberly Lemley (CVB), Vice Chair Neil McQueen Charles Marschall *JoAmi Gilbertson * *Willie Rivera, Jr. ORIGINAL APPTD. DATE 12 -11 -07 12 -11 -07 1241 -07 01 -12 -10 12 -11 -07 12 -11 -07 04 -27 -10 12 -11 -07 0142 -10 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Joanna Mott (Scientist) 8 John Powell (Hotel/Condo) 7 JoAnn Gilbertson 8 NO. PRESENT 4(4exc) 5 6 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation % OF ATTENDANCE LAST TERM YEAR 50% 71% 75% OTHER INDIVIDUALS EXPRESSING INTEREST Sheila O'Connor Allen Keith Arnold Andi Baker Cody Bates Captain Ron Behnke Curt L. Broomfield Tyler Brown Retired Deputy District Attorney, Los Angeles County, California. Received J.D. from University of California - Hastings College of the Law. Activities include: AARP. Former Legal Aid Volunteer, Volunteer Income Tax Aide and Accountant. (At Large) (9- 23 -10) President and CEO, Corpus Christi Convention and Visitors Bureau. Received BA in English from Roberts Wesleyan College in Rochester and MBA from Texas A &M University - Corpus Christi. Activities include: Texas Society of Association Executives and Texas Travel Industries Association. Former President and General Manager of New Mexico Slam International Basketball League Team. (CVB or At Large) (11 -3 -10) Realtor, Keller Williams Realty. Received BBA from University of North Texas. (At Large) (9- 23 -10) President, TDL Plastics. Graduated from Texas Tech. Received MS in Environmental Sciences from Texas A &M University - Corpus Christi. Activities include: Surfrider Foundation, CCA, and SEA. (Scientist or At Large) (4 -24- 09) Self-Employed, Editor of Saltwater Angler Magazine. Attended Del Mar College. Activities include: Texas Outdoor Writers Association, CCA, SEA, and Licensed United States Coast Guard Captain (Charter Captain). (At Large) (4- 20 -09) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (At Large) (9 -8 -09) Health and Safety Manager, Turner Industries Group L.L.C. Attended Texas State Technical College. Activities include: Billy Sandifer Annual Beach Clean Up and Sharkathon Annual Fishing Tournament. (At Large) (1 -11- 10) Ivan A. Cavada Legal Assistant, Cavada Law Office. Attended College. (At Large) (11- 20 -09) Cristi J. Caviness Bob Copes Timothy Scott Craig Brian Thomas Doggett Stephanie Dovalina Sharon Emerson Robert Forest Tax Accountant, Rooke Scanio Interests, Ltd. Received S.B.A. from University of the Incarnate Word, San Antonio, Texas. (At Large) (5- 13 -09) Sole Proprietor, Copes Communications Consulting. Received a Bachelor of Science Degree in Chemical Engineering. Recipient of 2006 ARC Awards Silver Winner, League of American Communication Professionals 2007 Vision Platinum Award and 2008 ARC Awards Bronze Winner. (Engineer or At Large) (12- 14 -09) Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (At Large) (12 -7 -09) Managing Member, Island Aquatics, LLC. Attended Virginia Commonwealth University. Activities include: President - Independent pool and Spa Service Association. (At Large) (6-17-09) Adjunct Faculty, Del Mar College. Received a A.S. in Biology from Del Mar College and a B.S. in Biology from Texas A &M University- Carpus Christi. Currently Pursuing a Masters Degree in Biology. Recipient of Honorable Mention -2009 National Science Foundation Graduate Research Fellowship Program, Golden key International Society Inductee and Phi Theta Kappa Inaugural Inductee. (Scientist or At Large) (9- 22 -10) Paralegal, Law Office of Arnold Gonzales, Jr. Activities include: Bayfest, Cattle Baron's, Tall Ships Committee, Harbor Lights, Buc Days, Mayor's Fourth of July Celebration. President of the Corpus Christi International Seamen's Center. Jefferson Awards Nominee 2002. (At Large) (12 -8 -09) Owner/Manager, Robert Forest Real Estate. Received B.S. from Boston University and M.S. from University of Southern California. Activities include: Padre Island Yacht Club. Graduate of Citizen University. (At Large) (4- 20 -09) Shannon Gabriel Jay Gardner Marketing Manager, Outback Steakhouse. Attending Del Mar College. Activities include: Beach Clean Ups, American Cancer Society -Relay for Life, Corpus Christi Chamber of Commerce and Corpus Christi of Commerce Ambassador Program. (At Large) (8- 14 -09) Environmental Scientist, Naismith Engineering, Inc. Received Bachelor of Science from Texas A &M- Corpus Christi. Previously a Teaching Assistant at Texas A &M- Corpus Christi. Activities include: Executive Board Member of the Coastal Conservation Association (CCA)- Corpus Christi Chapter and Nueces County Beach Management Committee. (Scientist or At Large) (4- 17 -09) Issac Gonzales Customer Service Representative, Signature Flight Support. Attending Del Mar College. (At Large) (5- 11 -10) Timothy Goss Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School -- Read, Writes, and Speaks Japanese. (At Large) (4- 21 -09) Coretta Graham, Esq. Meredith N. Grant Daniel Hall Self - Employed, Attorney — Graham Legal Services. Received BA from Douglass College, Rutgers University at New Brunswick, New Jersey and J.D. from TSU Thurgood Marshall School of Law at Houston, Texas. Activities include: State Bar of Texas Diversity Committee, Coastal Bend Women Lawyers, Leadership Corpus Christi, Kiwanis, Corpus Christi Bar Association, NAACP, and Black Chamber of Commerce. Serves on the CCCIC /Loan Review Committee. (At Large) (4- 24 -09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (At Large) (10- 14 -08) Self - Employed, Speaker and Writer. Received a Bachelor of Science in Nursing and a Juris Doctorate. Activities include: Board of Directors for the south Texas Family Planning and Health Corporation. (At Large) (2 -5 -10) _28_ William Paul Hunt Ed Lab ay Jerry Lipstreu Victor Menard Ronald J. Moore Mohamad Omar Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (At Large) (6 -4 -09) Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University- College Station. (At Large) (4- 16 -09) Area Manager, Kleinfelder. Received BA in Botany from University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member, West Corpus Christi Rotary Member and Port Aransas Boatmen Member. (Scientist or At Large) (4- 30 -09) Taxpayer Liaison Officer, Nueces County Appraisal District. Retired, United States Navy, Master Chief Air Traffic Controller and Viet Nam Veteran. Activities include: Former Water Shore Advisory Committee Member — Vice Chair, AARP, Mayor's Fourth of July Committee, Boys and Girls Club of Corpus Christi, Habitat for Humanity, Neighborhood Visions and Flint Hills Community Action Council. Recipient of the "Positive Place Award ". (At Large) (11 -6 -09) Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (At Large) (10 -6 -09) Self- Employed, Real Estate. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (At Large) (10 -6 -09) _29_. Charles Pendlyshok Cameron Perry Guadalupe V. Salinas Lyndon Smiling Jodi Steen Regional Manager, Human Military Healthcare Services. Retired Healthcare Delivery System Executive. Received B.S. from Widener University, M.A. from Incarnate Word University, and M.B.A. from Widener University. Activities include: Certified Senior Advisor, Licensed Insurance Producer and Volunteer and Sailing Instruction. (At Large) (11-20-08) Coastal Project Manager, HDR Engineering, Inc. Received B.S. Maritime Systems Engineering from Texas A &M Galveston. Professional Engineer. Activities include: National and Texas Chapter of American Shore and Beach Preservation Association and Santa Fe Soccer league. (Engineer or At Large) (9 -5 -10) Administrative Assistant, Pathfinder Energy/Smith International. (At Large) (8- 24 -09) Project Manager, Derco Aerospace. Retired United States Navy. Received BS in Technical Management from Embry - Riddle Aeronautical University. Currently enrolled in Master of Science Program. (At Large) (11- 18 -10) President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. (At Large) (4 -16- 09) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12114/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $35,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department with a City match of $12,970 and to execute all related documents. B. Ordinance appropriating $35,000 from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: The grant must be accepted and funds appropriated. BACKGROUND INFORMATION: The State of Texas, Department of Transportation is providing funding for a special Impaired Driving Mobilization STEP for the period of December 18, 2010 — September 11, 2011 with focus on Christmas /New Years, Spring Break, Independence Day, and Labor Day. The grant places overtime officers across the City with various hours of operation. The goal of the grant is to make 128 DWI arrests during this time period. This is the eighth year we have received funding. The previous year we received $15,000. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis with the State providing 100% of the salary and the city providing $12,970 for fringe benefits and mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. D. Troy Riggs Chief of Police troyrC7a cctexas.com Attachments: TXDOT Contract City of Corpus Christi STEP - Impaired Driving Mobilization TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2011. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.601 CFDA Title: Alcohol Traffic Safety and Drunk Driving Prevention Incentive Grants Funding Source: Section 410 DUNS: 069457786 Project Title:STEP - Impaired Driving Mobilization Grant Period: This Grant becomes effective on 10/01/2010 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise modified. Total Awarded: 2011- CorpusPD -S -IDM -00008 Printed 0-n341-119/2010 City of Corpus Christi STEP - Impaired Driving Mobilization TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she/he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission City of Corpus Christi By: [Authorized Signature] [Name] By: [District Engineer Texas Department of Transportation] [Name] [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) [Resolution Number] [Title] Date: By: Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2011 - CorpusPD -S -IDM -00008 Printed O.a3$1J19 /2010 ORDINANCE APPROPRIATING $35,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF AN IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) GRANT FOR DWI ENFORCEMENT OVERTIME WITHIN THE POLICE DEPARTMENT IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $35,000 is appropriated from the Texas Department of Transportation for funding of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in No. 1061 Police Grants Fund. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of December, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: November 23, 2010 T. Trisha Dang Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas Day of 2010. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12114/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $150,747.24 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program for the purchase of a Laboratory Information Management System, installation, and personnel training and to execute all related documents. B. Ordinance appropriating$150,747.24 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund and declaring an emergency. ISSUE: The grant has been awarded by the State and must be accepted and appropriated. BACKGROUND INFORMATION: The funds will be used for the purchase of a Laboratory Information Management System or LIMS, installation, and training of personnel. The American Society of Crime Laboratory Directors Laboratory Accreditation Board ASCLDILAB Legacy Accreditation Manual states that "A laboratory should have a management information system which provides information which assists the laboratory in accomplishing its objectives." The Forensic Services Division of the Corpus Christi Police Department currently does not have a management information system for the collection, manipulation, storage and retrieval of information to determine how efficiently and effectively the laboratory is operating. A LIMS will provide the laboratory management with meaningful statistical data such as caseload distribution, case turn-around time and information which is helpful in budgetary planning and allocation of personnel and resources. FUNDING: The grant period is 10/01/2010 — 06/30/2011. No match is required by the City. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. D. Troy Riggs Chief of Police 886 -2603 Troyracctexas. cam Attachments: • Grant award letter OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: CD- 10 -A10- 24125 -01 CFDA or State ID: 16.742 Program Fund: CD- Coverdell Nat'l Forensic Sciences Improve Act Grantee Name: PREVIEW - Corpus Christi, City of - PREVIEW - Project Title: LIMS Forensic Management System Grant Period: 10/01/2010 - 06/30/2011 Liquidation Date: 09/28/2011 Date Awarded: November 04, 2010 CJD Grant Manager: Kristopher Krueger CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $ 150,747.24 50.00 $0.00 S150,747.24 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund- Specific Requirement(s): 1 Please be advised that CJD has added a Condition of Funding (CoF) that will hold funds on a specific budget Line item(s) that must be met. You can review the CoF by going to the summary tab and Clicking on the View Condition of' Funding link. Assuming all other Conditions of Funding noted on the Statement of Grant award have been met you will be able to request reimbursement for any line item except for the one(s) with the fund hold until that fimd hold is cleared. ORDINANCE APPROPRIATING $150,747.24 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION (CJD) OF THE GOVERNOR'S OFFICE FOR FUNDING AVAILABLE UNDER THE COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANT PROGRAM IN THE NO. 1061 POLICE GRANT FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $150,747.24 is appropriated from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of December, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: t avember 23, 2010 T. Trisha Dang Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas Day of , 2010. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr, Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 5 CITY COUNCIL AGENDA MEMORANDUM Date: 12/14/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant award in the amount of $99,974 from the State of Texas, Office of the Governor, Criminal Justice Division for funding available to address gang issues, funds to be used for overtime and fringe benefits in the Police Department and to execute all related documents. B. Ordinance appropriating $99,974 from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grant Fund for funding available to address gang issues and declaring an emergency. ISSUE: The grant must be accepted and funds appropriated. BACKGROUND: Overtime will be used to investigate drive -by shootings, run biweekly computer checks on wanted gang members, conduct drivers license checks, increase patrols near parks and schools where gang activity is high, follow through on tips from the "Save Our Streets" campaign, conduct bar inspections, collect intelligence, with an overall focus of increasing the number of gang investigations conducted. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating the funds. FUNDING: The State is asked to provide $99,974 for sworn officer overtime salary and fringe benefits with no cash match required. The grant period runs from November 1, 2010 August 31, 2011. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. D. Troy Riggs Chief of Police troyr�a cctexas.com 886 -2603 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number: CO- 11 -A10- 24298 -01 CFDA or State ID: 0.707 Program Fund: CO- Operator and Chauffeurs Funding - Overtime Grantee Name: PREVIEW - Corpus Christi, City of - PREVIEW - Project Title: Anti Gang Initiative Grant Period: 11/01/2010 - 08/31/2011 Liquidation Date: 11/29/2011 Date Awarded: November 04, 2010 CJD Grant Manager: Kristopher Krueger CJD Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $99,974.00 $0.00 $0.00 $99,974.00 The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project and agrees with the following conditions of grant fimding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund - Specific Requirement(s), if any, cited below: Condition(s) of Funding and Other Fund- Specific Requirement(s): 1 Please upload a copy of the approved overtime policy for law enforcement personnel. ORDINANCE APPROPRIATING $99,974 FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANT FUND FOR FUNDING AVAILABLE TO ADDRESS GANG ISSUES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $99,974 is appropriated from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1061 Police Grant Fund to for funding available to address gang issues. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of December, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: November 23, 2010 T. Tri = ha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. ' Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Page 2 of 2 Corpus Christi, Texas Day of , 2010. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: tfwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 14, 2010 AGENDA ITEM: Ordinance appropriating $19,344 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality (TCEQ) in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency. ISSUE: The City entered into an agreement in March 2009 with the Texas Commission on Environmental Quality to participate in Supplement Environment Projects (SEP) for wetland construction, habitat enhancements, land acquisition, alternative energy use and conservation at the Oso Bay Learning Center and Wetland Preserve. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. PREVIOUS COUNCIL ACTION: Council appropriated a SEP award of $12,242 in November 2009 for wetland construction, habitat enhancements, land acquisition, alternative energy use and conservation at the Oso Bay Learning Center and Wetland Preserve. FUNDING: TCEQ Supplemental Environmental Project payments. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Mic ael Morris, I ir= ctor Parks and Recreation 361 -826 -3464 MichaelMo[a)cctexas.com Attachment: Background Information Copy of Supplemental Environmental Project Agreement 3 BACKGROUND INFORMATION A Supplemental Environmental Project (SEP) is a means through which the Texas Commission for Environmental Quality (TCEQ) directs fines, fees, and penalties for environmental violations toward environmentally beneficial uses. Through a SEP, a respondent in an enforcement matter can choose to invest penalty dollars in improving the environment. SEPs that have a direct benefit allow a respondent to offset one dollar of its penalty for every dollar spent on the SEP. Some of the uses for SEP funds are wetland construction and drainage improvements, habitat restoration and land management, and acquisition of land for conservation purposes. The city applied to become a recipient of SEP dollars in June of 2008 for the Oso Bay Learning Center and Wetland Preserve project. The City entered into an agreement in March 2009 with the TCEQ to participate in Supplement Environment Projects for wetland construction, habitat enhancements, land acquisition, alternative energy use and conservation at the Oso Bay Learning Center and Wetland Preserve. 4 Oso Bay Learning Center and Wetland Preserve Updated November 2010 FUNDING to Date TOTAL Bond 2008 $ 2,750,000 Community Enrichment Fund 4720 283,334 Grants Received: TPWD Outdoor 2009 500,000 TPWD Recreational Trails 2009 200,000 GLO 1 CMP Cycle #14 2009 - land acquisition 314,901 TCEQ 1 SEP (November 2009) - wetland restoration 12,242 TCEQ / SEP (December 2010) - wetland restoration 19,344 Other artners: CBBEP (for Xeriscape at Learning Ctr) 5,000 Total Funding to Date $ 4,084,821 Total Protect Estimate 6,200,000 Funds still needed (2,115,179) Grant applications currently submitted: CMP Cycle #16 - wetland restoration 100,000 CIAP 2010 - construction of Learning Center 1,500,000 5 Buddy Garda, Chatr�?an Larry'R Seward, Cottimtsstaner B0an W Shaw, PhD ,Comm sslttner.,' Vol( . R V'ickety, P G Executive Threc #qt r.'Escobar orio6niing:Supple rent 11n 8 -04 nclosed for your records zs one •original afthe reference executed agreement between the Te�tas C.ommtssaon • o_ n Environmental Quality and the City •of Corpus Chtasta, as:well as an example ofthe Quarterly.l eport form a paxticapant ii.A the Ep program, your organization sh.eiild subnut one report far eaoh prolect-lasted in Tae: eerr ent to TCEQ quatter1y acpordazig to the schedule p tiv.1 ed on the firma Fox your conve to ice, Ihesform is 1n Excel format and `cats be completed •and submitted - e1ect�ronica11y You riaaf fnd:the Blatik u erl�r eport on our website at http ltd teeq state tx us egallseplindex htxtal Tnstructtons are provideddnline m • e 'SEP -forms area :c1osiirB. Sally G vial Perks Thrector, Q Box 9 7 7, Carpus Chr tr, Texas 784.69 • .444 Aguilar, City Attegney's ,Cf'faco 1201sT eopard Street; Corpus Christi, Texas 78401 •crank Fuller :Consultant v o eleetroritc rr 411`to frati k #fuller enili • IfelsE eer, TCEQ WO- eQctronte'ma a ll • Austin,'Pexas 78711 -3087 a 2-2391600-.. `..• printed on recycL i er usij4gsoydhasr it* Internet address iww tc q,stiate #x.us YERF$11i11VG i'AItTY , : OrY. 0 cQRPUS t katlS't i AGitEi�'1iIElV1' Nuiv[$irn ',.: .20.&0114 AGREE MINI" CONCERNING •`SU1PL1_MgNTA . ENVIRONMENTAL:r494c ' FUNDS 18 .Agreement C¢ncernirig Supglem utai Environmental Project Funds (hereinafter "Agreement "} entered mto:.by and;:between the I`exas Commission on Environmental :Quality. (hereit5aiter:f�TCEQ " }, an' ageifo$ of ate State of Texas, . ettd T e City of Ciirpus Christi (hereinafter ' Perf rrnii .Marty °',l, .a • lviuiticipal C ivemment entity in the State.;of Tex®s General Conditions oittact oritnatioii Each`; Party hereby designates the fvllowii?g person as its representative for impiementi g this Agreement and for recceipt.of.tieiice or. fitherinfOrtnation pursuant to:the Agreement: 1nfornu tiou f©r.`.' Performing Parryy S all y:Oav1ik Telephone ;. Faasirnile • �i'i�lat I:i toti #act •.- Infornaati;oa for TCE(�ir Marne: ` 'Tole hi ne 3751;826,364: '. "5sIIi! ( cctexas.t. rm... ; ' 1201.1re0partj:Street.' P C Box 9277 Corpus Christi, TX 78401 Sharonlit .5n:139:2225,1 FacSirii.ile. .,5I7:239t3434 ;sblue eeq<statetx us Mail. ':' Liiigafon Division , ' Attn SEP Coordinator, 'Mail Code I7S: TeBas Comriiission of 'Environmental Quality • <P O $ox 13087 Aristi i; '1'iwxas;X18711- 3..087. Overnight' or Courier Li #.igaton i?lvisivtt Attu SEP Coordinator_ .M40 de,l15 'Texas`Cortimission on > nvironmental ;Quality 12100 Park 35 Circle;131dg A Austin;: Texas': ?8753 Defn.16 is & Cla:t ;tications ective Date refers to the date 'NS ;Agrei✓ment begins gird is the date of tle last, signatory below. 22 j`lnclitdes" and "including" are terms of enlargement and not of !imitation or exr u5ivo .: enuineraticn,, and ttie use of the'terrns :does not create a •presumption that eoitipo>lerits: not expressed are excluded 2 3 "Parry" or "Parties "refers to otie or all of the signatories to this: Agreement, respectively., —a9. 'SE refers to Supplernental Environmental Project, °`CEP t ut ds" means Bands #,hat,: with the TCEQ approval, are contributed to _Performing • f' r by rospondents in. enforcerilent ac. #ions liraught; by+ the .TCEQ:_ The tei �nclii les interest earned on the drigitial 2 6 `°Project " - `refers to. the project or projeets that are approved.- by the:. =TCE • described rn the ertl ibtt(s) to tbis:Agreetnent • SEPs: and 2 7 ` Computation of lames When •any period is referred ;to ila this Agreement by days, it will be core puted to exclude the first and tot, day of such period., .If the last day i f and+ auch. . period falls °tin a Saturday',or Sunday • of :on a state or federal holiday;:'stich day will be omitted from the computation, A calendar •day :ei twenty -four hours measured ,front rngliught :t4 the next, ". znidn.ight •constitutes. a day Exhibits The following exliii is are itttaphed tq this :Agreement and incorporated herein by reference .. bit 1, entitled "Wetland Coristruettdn, Habitat Etahaneemetits, and Land Acquisition at the so Conservation Interpretive Park;" and . cnhit 2, entitled "Alternative Energy tJse and • Interpretive Park " irovab1e:SEP: C inseivatir?n at,the Oso Coriseryatten.' • . Ttae .Parties agree that the Project s meet the definition o1' a SEP pursuant to Texas Water Cone, 7,961 and the TCEQ guidance,on $EPs 1 IVlairitentanee of SE' l~unds' Performing Pa shall rrtaiart • SEP Funds tat an interests bearing ai countused exciuswely.?for s6c ants-: :at.:a inland institutioi thet is itisiire6 o '..t era a e • Osit ins irai ce ; or 6Qr0ton - C) and pros+ ides fegular accnun #itt stateineti Alf • arned intetest ott S1 P 1a undo ittiast bry aceoiiritei for inn becotites, part of thin: `SEP Funds iihder , ., this_AgP nient 2 Use :nf CEP.: Funds: For :any CEP Finds received, ?erforrrutig Party sha11 only e spend .. such funds. •directly; on the Project for. expenses that ;are rea §onalle, necessary, actual.: and authorized by this Agreement Performing Party :shall ensure •thiat the expenditiure nf'SEP Funds results iii •adequate.Nand timely 1+ork perfortried or purohases. :made.gn aocvrzlance_ whit this Agreement Performing Patty shalt not Ilse any sEP kiinds, nor zttterest front sueh`,fiinds, for adrriittistrativo, adverttslti ; or travel expenses:associated; with the iniptertientation of tie Proj t, . without express written approval from rne.TCEQ. 2 l : in a ldition to the requFrei Bents that expenses be reasonable; necessary, actual, and aautber zed, TCEQ ittay also :require :that expenses for work or a specific c>;po ton. of the work to. be performed'under this Agreement be :allowable under the appropriate cost - 6 .0— principles specified in ::the Texas Uniform Grant Management Standards (UOMS) established: by the Office of the Governor of Texas under 1 Texas Administrative Code .. §§ 3 141 5,X67 S 2 2 Porfnrming Party; shall expend -SEP Funds for: work .being perforu ed by or for Performing; Party by Perforiniing Party's ertiptoyees, independesit epiitractuxs or volunteers;, `Performing Party shall not act as a:tiird party administrator granting firms or • funding projects for the benefit' °,of other parties without specific written :authorization from CEt , m which ease Perfortiiing :Harty . shall .enter into •written .agreements with all such other parties' that shall ino'lode provisions similar, in effect to 'the provisions in'this Agreement • 5 3 Accaunting� Performing :Party shall specifically account for the receipt atld cx .pendit ire of SE? Fends, iripluiltng all interest earned' on such funds, on the. appro ed TCEQ report,ng fo ri 5 4 Timely Expenditure l?erfoimtng Party shall ,.eettd within Dire ear" of T ;ceivii�g the ecintrrl the TGE.Q's sole riiscretidt�, this time period may,_ be extended request frori Performing Party Any request for; cictatisiori roust be on the approved TCEQ form, anehide reasonable justification fcir the extension; :and be -received thirty`_(30) days prior to the end • ofthe required performance period: 5 5 No guarantee cif t~undirtg Funding under this Agreement is :limited_to voluittaty Sl;t' c intributioiis • through the TCEQ enfdreeiiiirnt process ; Perforrtiing }arty understands` that there is - no iiarantee.:tlia# it;wili receive any $EP Fund under this,Agreement 6 refund of SEP Funds' rf at any trine the TCEQ deterrriines that SEP Funds have been • spent in a manner that as :not tri:aoa4rdance with this :Agreement, Performing Party shall,;ori request from: the CEQ reiixiburse such :funds to the TCEQ 1 dditionally, Performing Party.; an request from >the 'T GEQ, shall turn over all •remaining '$EP Funds to the `1'GEQ Re #urn of CEP Funds: will be accoinpanigd 'detailed • written accounting :connecting the'rfunds s,to specitiie docket numbers iii a :ranter acceptable to'the TCEQ :These remaining SEP Funds Mnst be in; the fCirm i f a cheek or rrione order tirade out to "Texas Colr inisston vn Environrile>ital Quality" artd Y sent to the esiguaied °I' l Q contact address `Chi$ `:ribligat on suivi res terrriination of the Agtement :: 3 TCEQ may.requtre that Performing Party •'submit a proposed budget to;TC> {Q _for review • and approval prior to beginning work or a portion of the. cork under this Agreement Iii the event • that tCEQ requires 'a budget to .pe subrrlitteri,. then Performing Party: shall.. not incur expenses perfgrtning tie work or portion of:work ghat is .5ublect .to the: :budget :until tie budget has been approved, unless authorized. to do;so to writing •by TCEQ Ali. subsequent expenditures for :the • work or portion of worts subaect to °:the budget shall be witl7iri the.approved budget or shall be.paid • for With. non -SEP funds • Other Contribuirons N Agreemeno cstrued to'preent Peforing arty fom aepting funds from h v charitable contributors nr other sources to the extent permitted by. raw :fowever t'eroriningPaty agrees that wrequest additional co tributions from any TCQ oottributor within six MOnths months of receiving •fundilig from •that same eoatributor:throughthe $EP.program. -6: 7 T EQ Enfnr ement Actions Tlris Agreefrient does not oreate • a• ny rights on behalf of Performing Party or contrtbut ng respondentsrn • TCEQ enfar bmenx actrorxs Performing arty ahal! hate no role in the:TCEQ e nforceirient orbcess other • than .to receive approved,•. voluntary SEP contributions om::respondehts °and perform :the Proleet according tQ the teriris of th s Agreetrrent • • 8 ProjectPeirformance Perforrtung Party shall perform the'Projeet:in accordance: with this Agreement as well as appi�eable state and `federal la+s, •rules, and regulations In so doing, Performing Party shall obtain al! necessary permits acid lroerises: • • erm :Of 'Agreement ,:_ -:T.he Agreement begins on, the Effective Date and amtomatrealiy renews in :one year iiittertiOntS unless `terminated by whet party in;accordanoe with this Agreement • Tai10 nation: • Upon thirty (30) days prior w,rrtten:rrohce to the other Party, 0010 •Party may terminate thin,Agreemrient wrth or without Cause: Within thirty (30) days of the effective date of the teriziination ; °Performing Party shall make a written accounting to ;tile TCEQ of:all. SEP Funds received,` upended, and;ieinarning under this tlgreemerit This accounting trust tm$ SEP ;ifurxds to specific docket nurrrbers and 'be it a (form acceptable #h the TC Q With this written- accounting,. Performing Party shall also return nll ;remaining • SEP irurids to tyre TCEQ that slave riot beery expended, 'i'he returnof remaining SEP Vunds ip the `form of a cheek Qr honey order made out •tti "Ted Coin mission`on Ehvitonrttenta1 Quality'° and serif to the des .griated TCEQ, contact 'address 'These obligations survive teriritr iorl of-the Agreement 11.. Am.endrinents With the exception of •contact infoririation chariges to this Agreement ,may: only be made liy written. :amothilent, signed, acrd agreed to by al! Parties :;;Clhanges to ec #ion:`], Ccmtact iifo ration, mar:be >ruade by written notice from one Party to: all other Parties ; .• • : 2, 3 Natree of Chatrge:. Performing Party agrees char all information it provided :to the TCEQ retnazrts correct anti that; in entering into. tiers Agreemert, the TCEQ. has materially `relied c ri all rnfonrnation provided by. Perforrnrng :..Party, . regardless .,of whether such :'infotmatiori is..'. incorporated into this Agreertien#: Performing. Party agree to'gi ae prompt written notice to the `l't✓ Q ifthere is any material. change yn the information; Records and Reporting 13 1. Records Pertarmrng Zany .sha11: establish and inarntain legcble and organized financial records cencernirig the S1 P Funds for:,a min rrrtrrrr of three t3) years f.rQnl the date Of receipt ofeach contribution This. °obligation su V,ives termination of.theAgr'eeinent .,: • 13 2: Quarterly .Reports,; Performing -Party shall submit quarterly reports to the TCEQ on. the apprtiwecl TCQ form The reports shall cotairr the following in formation; • • 13 2:1 The am unt of SEP Funds received during: the prewrous quarter: with each contribution amount, Gontributor:riame, and corresponding docloet number;: 13 2.2 A. Irst of actin expenditures :paid with SEP Funds, groi.iped by the Project • the ;f'unds were expended on and. any neeessary;accompanyrng explanation, 13 2 3 The total.:balanciy of tlie':S P Fluids with interest separately noted, • 24 Projected expenditure$ of remaining SEP Funds, 13 ecrptti eah Projet twh SEP Funds were : and P ro $ ress made to sdate, 1312.6; Any additional.. information .performing Party believes would demonstrate • compliance With this Agreement ;; and 2:`7 Any additional infOrtnation requested by the TCEQ or the approved TQE reportmg,forrrr • 13 3 Final 1 eports Within thirty (30) days after the .conr;lusron of° each Project, Performing Party:strali subnitt a final report on the approved TCEQ repotting form The report shall Qontain the foilowtnganformation_ l3 3i1 petarled.lnformation eoncernrng thetorniileted Project, 13 3 2 Thp amount of SEP Funds applied to the. Project with each contribution amount, contributor: name, and correspo tcling.cioC cetnumbOr, 1343. A list of actual ecpenditures on the Project that were paid for with SEP Fonds, 13..3.A. Any remaining' SEP Funds dedicated to the subject Project with interest separately noted, , ..,` 133.S. Any additional..inforniation Performing Party believes would demonstrate G©tilplrance with this Agreement; and -63. • by additional information regtiested'by the :TCEQ.' or thQ ;approved TCE. • re Qrtm t=orm 1�. � 13 4: - Addtttonal Reportirtgt Perfvrnritng : 'ai requested by`the TCEQ under this. Agreenien; • agrees to provide additional information AceesS 141 Inspection and Audit Performing Party agrees to allow access,by the. TCEQ „and other State agencies to ail records' perirnerit to this Agree ent, iricluriing r04.150s csncerrling receipt`and expenditure of SEP Funds for •the purposes= of rnspectron "end audit • 1 a;ce by the TCEQ and P • • epresentatives to the site of any work Fun Performig_,i. ts Party .agrees #o require it$ ooiitractors #o p oxide the same access:` ]4 3 Survival These •access obligations• survive• termination .ofthis Agreement, :nsutance•' Unless; .prohibited by., layer, Performing • Party • shall . require its contractors and .suppliers to •obtain atirl zrlaintarn adequate insuranoe',coverages sufficient •:to protect the TQEQ ;arid ,Performinig Party:: from ai1 claims and liatitltty tr r injury to persons and for:damage to property arising, under the Agreement `If Performing Party is tiWornii ig work underthrs'Agreement using its owii employees .and resources, °then • junless..Perl'grming Party is.a govertunental cntity� ::ox thrs requirement iswaived. by TCI�Q) Performing Parrs shall itself Obtain and rnatntain adequate ins iran a coverages suflicrent to protest the TCEQ and Performing Party froth. all claims and bability for tiij.ury _to persons and -for: damage to property arising .00 6. of Perforrnrtlg Party's.gerfor fiance o€'t a work • • :Independei tEntit Perfarriizng Party rs ati, rndeper�dent entity acid conducts ttte woi lc asides fhis Agreement as part of t#s own `. • ••atithonzed funotipns Performing�Party afire s that it undertakes: perfarmar+ee:'in accordance -With this.'. Agreement as its own s+ork and dohs xiot act zn any:capg0..ty on behalf of the TOEQ or. 0‘. a TCEQ hared.: • .contractor, or ven or of goads'or services • 17 : lcknowledgenacntt.•of ltrittaneial Support ) erfortriing Party shall acknowietlge the t# ancral support;of the CEQ SEP program tn1'a iY publication. tnvolvthg the.,use of SEP l ands or::whenever work funded or itt part by this ►greemeitt s , • publtc4 ird or reported.. • to nevrs media All publ!cations ar iiew releases shall contain the:: fctlk wing ':; • notatrnnT(or its. equivalent if,apprpved by theTCEQ); • Prepared: with fending from cortribirtions rn settlement-of an enforcement action • ::brought by the Texas Commission on Environmental Quality, -..64 Y't Public Per forming Party ,;shall not publicize the name . o pontributor and itotlee to:tlte TCEQ • 19 . Public Ini formatlo ft contributors of S.EP Funds without :oonsent of -tbe Thar. TTexas Public Infvrtnation Aet (Texas Government Code,: chapter 552). apples to all :anformatton delivered to:: the 'fCEQ li the course of peerfcrnance under •this Agreement. The.fiCEQ 'assutr�es no • obli anon. to inake'legei "argthnerits rn support of any claims° pertaining to confidentiality, patents, trade, secrets, or.eopyrig#it eirerahility ary -provision of`: thts Agreement is held to be invalid; illegal, or ufertforceabie, the xenint}er;o greement'shall be;oonsteued to conform .to the It teznt i f the .Parties unfUet of hnterest. PerformingParty shall notify the ' -cEQ iii writing of any actual, ,apparent, or potential conflict of interest regardtn Performing Partyor.ny related entity or tndiv dual perforrtmtng orhaviiig involvement with any portion of the Projept Ai :the TCEQ's request, any entity with .an organization enritlietr.,tif interest ar an individual with a personal conflict of interest shall not take pant my way; in the: performance of the Project Performing :Party agrees thet the`TCEQ has sole discretion to deterrnir�e Whether a contict i«Xists • ` Governing ;Lav This Agreement sha be governed by codatrued, and interpreted underthe lbws of tlte. State of Teas, as well .as any applicable federal law: • 3 Venue Perfoniking Party agrees that the Agreed ent is being performed in Travis County, Texas ,Bcause .this Agreement has been solicited and being administered in Travis Court , .Texas ' Performiri Party agrees that any peririissible cause of action involving tins Agreement arises solely i;n Travis County This provision does not °waive the TCEQ'S sovereign immunity.. 24 Sovereign immunity :The Parties agree that this Agreement does not waive the State of Texas' sovereign irrimiinity'relatinig to snit, liabilit, and the:payment of damages 2$. Assignment No delegatroh of duties, obligations; or rights under Cu'. interests iii the Agreement will be binding on the - T.CEQ_witho'ut its express::Witten,eOnsent except as restricted by, law No assignitient will release or :discharge Pertbrming:Party from any duty or responsibility under :the Agreeriient. $ Ail representations, ;worrarities, and guarantees made tn, required by, .or given to ac ordanae v�tth_ hrs:, Agreement , as we11;as ali eontinuiiag obligations indica #ec �r -the regime t, will survive b yond .the tezrrtination or cotnpietiort f the.Agreeme at 1i'Integratron • This greement, lnciud�ng Parties and nibod�es 1 aa hnt g 1catt n d y °.pxrisiot r neotaos and udestandings of the at m n nr • the entire agreement ofTe:Parties eNo`oth r agreements, assurances, conditions. •evenanta pimplied), •pr other tots. of any : between the Parties regarding i'ro1 cx, Cautiterprts This geemenmay sgei. ny uer ocontprs, and Ar m a s>gr ed, sh 11 constitute oni • • Agreement tsing nn a1l Parties hereto, even though of t ofthe Parties do::not •sign the same counter- part:.:: • Z9 Autior��ed Signatories i i�ate�r�: � for.Perfonnin Party Stephanie Be eron Percdue Deputy Director, Offee of al Services Texas Cornrn ss�on on nv onmental Qpaliity Wetland Construetton, `habitat enhancements, .004.1.;anit Aequisitipn -t the Oso Conservation Interpretive Park • Piro ect L?e er�ptian eirfor zng Party zs deve opang a;`16 acre nature park oa the shoes of Osa Bay the "Property "} Tl e 4so .Conservation: Interpretive ?ark will tttelude a nature center bttzlding, nterprettve trail$, and slgni cant habitat for; wildlife der hanCed through wetland ;' . construction, wetland restoration} and invasive spades control) The property alteady eor t rns wetlands, although sane of th vvetland complex$ Itave:,been degraded due tc poor rangeland • matzagement etland�Cbnstruetion:'an { beatn�g iinproverrlerits Performing Partyshall.tise SAP Funds #o • construct wetianc s as a. best management practice for stormwater control A drairiag itch transects the 1't'o . ert a. .P y and directly to #vdiso • 134 construct wetlands sal that water tip 'the drainage d4teh dzschar es Into tl'��e wetlan s prig to tt ejiterzng:C so Bey Corlstructi ii of the wetlands must ihelrade apprtmprtate cotttourzng, eleyatrons, pi twigs and.':wa1 r inflow to ensure that the wetlands achieve end mainWn:functior ality i'erforming Patty rrzay also niodzly other portzons'of the drainage ditch to ei haz ce storm water contra l Ey .. ent ki y that is tipt eqrdto hen A f n actions under its storm r oowateitrol permit } abmtat 1estpratitin and Management Performing Party shall use: CEP Funds ,to enhance habitats by'restor rig degra led :wetlands aril 6:0004: and removing' invasive ispeeies The Pr perty is largely former pasture land that borders. on Oso Bay :,The fernier raring and harbors • bbtli.non indigenous speeies, such as Bermuda grass, a:nd indigenous species,,such as Mesquite and Huisacl e, that.can become ;invasive and affect habitat functionality: Perforrrntng:Pat Kali • control /reznave a invaszvc species to ari etzvironmenta{lyz .protective mariner ` V dttancl restoration is needed because of past niodifications.:to the landscape (eoristructl >m ofri a drainage ditch acid grazing): that have negatively affected existing �vetlan is Po_ Performing Party shall re- contour, t'ep,lant, and perform other activities on these existing wetlands as necessary to • restore or enlianee the functionalityof an • the Wetlds 3) Acquisition of • .dditional Land y Performing Party shall use SEF Fonds •to acquire tracts. land adacet to the .Property Performing Party shall ensure that any .:land acquired with SEP •Funds has .high ooriservation values, hippo ies a pot of the Oso Conservation Inter retive Park soon:.after acclizisit on, and is preserved in peipetwty: through a conservation easement` approved by the TCE • Constructed .wetlands, used .a§ a best management practice: for stormwater control, will reduce :poli<ittant ioadtng such as'i l and grease, • nitrogen and baCtetia, and floatable trash Oat. Can enter into Qso Bay According • to the'tenter for Watershed Protection, a, natio ally recognized expert • in storrnia+ater control and wetland construction, .constructed wetlands • can remove pollutants: to the levels speciid n te able below, exreed aapercentage how; 'irformance: Soluble hosphorus Fotal Nitrogen, Organic Carbon elris:'t cquisition of Additional Land Eligible Counties: Nnecos Minimum Contribution; $5,000. '. xhibit: A ternative Energy LTse anil Con$et`vat orr at the Qso Conservatr+otr •Interpretive Park 'rojeet Descnptiori: Performing Pant is undertaking the acquisition and development of 4.:115 acre;itature: park and the construction° of a nature eenteron the shores of 9'84 Bay: The Oso Conseriiation lnt zpretive Park will : tnclu:rle a •X5 270 .sgaare foot :stature center bu,tldtng, interpreit e.trails and s gtirftearit habitat for wildlife Wetland and habtt-at .improvements =. are , :: • d • escribed in Exhibit 1 ofthis Ag;reereiit • PerfortntngParty •shall `develop the nature center to the l Creep Bidding. Council's L,IID. (Leadership, in. Energy -.and Erivironrriental Design•:(L.EEt) Green Brand ri Ratrn S stetri • g_ g Y standards ':FFor eeainpie,.the nature esYnter will use photovoltaic panels to'. supply e1eetricity, solar panels to heat water, and energy saving measured such ass i dustrta1 light -tubes to supply daytime • fight ng to ciassrootris and heat pumps: to supply ct3oltng a sd heating • Exhibit 2 of this SEP supports the: •deve1optrtent of tiie "greets" elements that • are to : be incorporated in the mature center Performing Party shall txse SEP •Fun:, s for. en a eering':the • energy sauttig measures, `particularly ,the us of the building's solar elerrie its, and for :the • incremental .c st of:acquisitton and installation pf • • • Photovoltaic cells and batteries= for stota a of electrietty versus regular electric powered lighting for. both the nature centers and the ,park's parking .lot lrglttrtg, Svlat panel verse is regular electric water lteatirt; at tl�e �fae lity, • Heat ~Pumps using:deep •thermal wells °versus:regt.tlar electric Ireat.pumps for lteattng artd cooling, Ittdustrral light tribes versus regular lighting for passive lighting during.tlie day; and Crree roofing {for insulation and to reduce the urban Y`heat •island" effect) versus regular. roofing materials.: 1i�n I any:bld l :ch e uof photoveltate cels an. gren:roog, cabphased u • nu h fin • or expded overtiealloing for icretnzttl dditions as fin ing become$ available, mw a d• • •Performing Party shall qse SEP . Funds for the dtreet coat of intipionenting this pt'oject and -no porttori will be used •for administrative costs:, Performing Party cerkifes than it has no prior: budgetary crnmtttm ertt to perfom te prttooti- e poject wSEFnd ad bg n • that it; will not receive or .use duplicate funding; • nvironmet tal Benefits Deter t?rnatton of enact energy }oast reductions is . .. ased on a - number of factors ° including • architecture, .building orientation, the .number of days open to the public, and.. the number `of .. vi hors Performing Party: shall calculate and: report to TGEQ on a quarterly basis the energy onservatton - _ancl air quality •benef"rts: froth'- these factors, beginning• upon •••: completion •of constiraetton of the: project: and contmuing for. one year after the egalprrtent has. peen. an Ilse. —71 -. The .: nst$11atxotl- of photbv©3ta a ce11s �n tl naiure cent t � stet ated t .`,deerease energy' eons mptip b 0 percent per year "That energy savings is •expected to redu60 they cmissidn of carbon dr4tixide, Additionally, :the use of p1h:ntavoltatc ells �s .anticsp ted ia.: reduce natroj en owdes and :mercury emissions each year • Additional eriergy`:savings are expected from he use of $olar water heating panels, heat •pumps • and associated deep wells, industrial Tight Hiles, arid, green •rootig l✓rergy ssrngs frown these • elements have riot been precrsety calculated in_ advance but sare expeeted;to be sig �l rcant • Page 1 of 2 ORDINANCE APPROPRIATING $19,344 FROM CONTRIBUTIONS IN SETTLEMENT OF AN ENFORCEMENT ACTION BROUGHT ABOUT BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR LAND ACQUISITION FOR THE OSO BAY LEARNING CENTER AND WETLAND PRESERVE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $19,344 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality is appropriated in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of December, 2010, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: November 18, 2010 Lisa Aguilar, sistant City Attorney for the City Attorney H:ILEG- DIRILisa12010 OrdinancelORD- approrant- SEP.doc Page 2 of 2 Corpus Christi, Texas Day of 201G. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 14, 2010 AGENDA ITEM: A. A resolution approving the continuation of the Corpus Christi Business and Job Development Corporation's Affordable Housing- New Construction Program for FY2010 -2011 B. A resolution approving the Corpus Christi Business and Job Development Corporation's Affordable Housing- Existing Housing Inventory Program and the Program Guidelines ISSUE: In June 2010, the Corpus Christi Business and Job Development Corporation (Type A Board) approved the continuation of the Affordable Housing- New Construction Program and allocated $250,000 from FY2010 -2011 funds for this purpose. In November 2010, the Type A Board approved the guidelines for a new Affordable Housing- Existing Housing Inventory Program and allocated $250,000 from FY2010 -2011 funds for this Program. REQUIRED COUNCIL ACTION: City Council approval is necessary to fulalize all Type A programs and expenditures as established by Section 501.073 of the Texas Local Government Code. PREVIOUS COUNCIL ACTION: A. July 28, 2009- City Council approved the Corpus Christi Business and Job Development Corporation's Affordable Housing- New Construction Program Guidelines and appropriated $250,000 for the Program. April 27, 2010- City Council approved an appropriation of $166,501 for the Corpus Christi Business and Job Development Corporation's Affordable Housing- New Construction Program under Ordinance No. 028252. B. None CONCLUSION AND RECOMMENDATION: A. Recommend approval of the continuation of the New Construction Program and funding for the Program in the amount of $250,000. B. Recommend approval of the Existing Inventory Program Guidelines and funding for the Program in the amount of $250,000. Attachment: Background Information -77- Eddie Ortega, Director Neighborhood Services Eddieo @cctexas.com (361) 826 -3234 ci(444-0 BACKGROUND INFORMATION On November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of sales and use tax for the promotion of development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years. In the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2B for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used. The one - eighth cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation's Board of Directors (Type A Board). The Type A Board is responsible for managing the use of the funds. In June 2010, the Type A Board approved the allocation of $250,000 from FY10 -11 Affordable Housing funds to be used for the New Construction Homebuyer Assistance Program. This Program provides a deferred forgivable loan up to $20,000. The loan is at a zero per cent interest rate and is amortized over a 10 -year period. It is available to eligible homebuyers to assist them in reducing the purchase price of a newly constructed home thus reducing the amount being financed and making monthly payments more affordable Should the homebuyer stay in the house purchased for the 10 -year period then the total amount is forgiven. If the homebuyer does not stay in the house for the required period then the remaining balance is pro -rated at $2,000 per year. In November 2010, the Type A Board also approved the allocation of $250,000 from FY10 -11 Affordable Housing funds to be used for the newly created Existing Inventory Homebuyer Assistance Program. The Program will provide a deferred forgivable loan up to $20,000. The loan will be at a zero per cent interest rate and amortized over a 10 -year period. It is available to eligible homebuyers to assist them in reducing the purchase price of an existing home thus reducing the amount being financed and therefore making their monthly payments more affordable If the homebuyer stays in the house purchased for the 10 -year period then the total amount is forgiven. Should the homebuyer not stay in the house for the required period then the remaining balance is pro -rated at $2,000 per year. Page 1 of 2 RESOLUTION APPROVING THE CONTINUATION OF THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION'S AFFORDABLE HOUSING - NEW CONSTRUCTION PROGRAM FOR FY 2010 -2011 WHEREAS, the Corpus Christ Business and Job Development Corporation ("Type A Board ") has budgeted $250,000 of its FY 2010 -2011 affordable housing funds for the continuation of its Affordable Housing - New Construction Program; WHEREAS, the Affordable Housing - New Construction Program makes up to $20,000 available to new low and moderate income home buyers for down payment assistance; WHEREAS, the assistance is provided in coordination with qualified home builders on a first come, first serve basis until the funds are expended; and WHEREAS, City Council deems that it is the best interest of the City and citizens to continue the Affordable Housing - New Construction Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the continuation of the Type A Board's Affordable Housing - New Construction Program is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 24th day of November, 2010. R. y eining First ssistant City Attorney For City Attorney RESOLUTION — Affordable Housing -- New Construction Program 11242010.doc -7g- Corpus Christi, Texas of ,2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet.doc —80— 1 Page 1of2' RESOLUTION APPROVING THE . CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION'S AFFORDABLE HOUSING — EXISTING HOUSING INVENTORY PROGRAM AND THE PROGRAM GUIDELINES WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted $250;000 of its FY 2010 -2011 affordable housing funds for the Type A Board's Affordable Housing — Existing Housing Inventory Program and has adopted guidelines for the administration of the funds; WHEREAS, the Affordable Housing — Existing Housing Inventory Program will make up to $20,000 available to low and moderate income home buyers for down payment assistance; WHEREAS, the assistance will be provided on a first come, first serve basis until the funds are expended; and WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the Affordable Housing -- Existing Housing Inventory Program and Guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Type A Board's Affordable Housing — Existing Housing Inventory Program and Guidelines for the administration of the funds, which is attached to this resolution as Exhibit A, are approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chaps Joe Adame City Secretary Mayor APPROVED: 24th day of November, 2010. f -7 R.,ayeining First Assistant C,it i Attorney For City Attorney RESOLUTION -- Affordable Housing — Existing Housing Inventory Guidelines 11242010.doc —81— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet.doc —8 1 CITY OF CORPUS CHRISTI Corpus Christi Business and Job Development Corporation Affordable Housing - Existing Housing Inventory Guidelines for the Program and Criteria for Application EXHIBIT A Corpus Christi Business and Job Development Corporation Affordable Housing - Existing Housing Inventory Guidelines for the Program and Criteria for Application 1. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to be utilized for down payment assistance. II. General Program Description: The funding is available to qualified homebuyers for the purpose of providing down payment assistance for the purchase of an affordable home. Affordable housing is any house with a purchase price which does not exceed 95% of the median purchase price of the Metropolitan Statistical Area as determined by HUD. Funds may not be used for closing costs. The intent is to provide general terms /guidelines in order to accomplish the buy down of the purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan up to $20,000. The term of affordability will be 10 years. The loan will be amortized over the specified affordability period, commencing on the closure date, and forgiven at a rate of $2,000 per year for every year the homebuyer lives in the house. Should the homebuyer move out before the affordability period ends then he remaining period will be pro rated must be paid back. Recapture provisions require repayment of the total loan amount on a prorated basis, If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. Any funds repaid by the homebuyer as a result of sale of the property will be used to assist other homebuyers. The funding will be available on a first come, first serve basis and as funds are available. Homebuyers can participate in only one of the two Type A Affordable Housing programs or any other Affordable Housing program administered by the City of Corpus Christi per fiscal year. 111. Housing Standards: Any work that is performed on the home being purchased must be in accordance with the most current applicable City Technical Construction Codes, including the Energy Code. Any new improvements made to the house being purchased must comply and be approved through the State Board of Insurance Windstorm Codes. A certificate must be provided as evidence of compliance. The house must meet FHA and VA requirements. The house can not be located in a 100 year flood plain. If the house being purchased was built prior to 1978, the seller must provide evidence that the house has been tested and is lead free in accordance with HUD Lead Base Paint Regulations. IV. Homebuver Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD's Section 8 Program (see Income Table). The Neighborhood Services Department (NSD) will determine the applicant's anticipated annual gross income. Anticipated annual gross income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions or over time. Prospective homebuyers shall attend a Homebuyer Education Class. The purchasing household size will be determined by the Neighborhood Services Department using HUD's definition of purchasing household. Purchasing household includes all persons who will be occupying the units as their permanent residence. A member of a household is considered to a permanent member of the household if they have been living as a member of the household for at least six months or more, Homebuyer's cash on hand cannot exceed program limits. Neighborhood Services Department will make a determination of eligibility at the time the mortgage lender submits the required documents listed in section (V. Lender Requirements) below. The homebuyer will be issued a Commitment Letter after the review of all submitted documents. The Commitment Letter will expire 60 days from the date of issuance. A 30 day extension may be given at the sole discretion of the Neighborhood Services Department. The homebuyer cannot have ownership in any real estate property or ownership in any house. V. Lender Requirements: The Lender will be required to submit the following: o Copy of escrowed earnest money contract; o Final certified HUD 1003 application with signatures; o Six most recent bank statements; o Lender's employment verification; o Paycheck stubs for past 6 months; o Current federal /state issued picture identification for all purchasing members; o Proof of U.S. citizenship or if a resident alien, must provide both a Social Security card and Green card; o Social Security cards for all purchasing members; o Proof of all assets; o Certified appraisal o Underwriter's Summary Worksheet; and o Homebuyer class certificate issued by a HUD approved agency. VI. Title Company Requirements: The Title Company will be responsible for ensuring that all documents are complete and correct. At closing, the Title Company will provide Neighborhood Services Department, the following: • An itemization of the closing costs (Settlement Statement); • Deed of Trust and Promissory Note; and • Warranty Deed. The Title Company will execute the City of Corpus Christi's Deed of Trust and Promissory Note and forward original's to the City. The Title Company will file one original Deed of Trust and one original Promissory Note with the Nueces County Courthouse file of records. Neighborhood Services Department will give the Title Company approval for closing and will process check to be issued to the Title Company. The processing of the check takes five working days, from the date and time approval is given to close. Title Company will ensure there are no existing liens, judgments, etc. against the property being purchased by the homebuyer. ATTACHMENT A INCOME LIMITS (80% of MEDIAN INCOME} Revised 5114/10: Income limits are established by HUD and are subject to change without notice. Purchase price of home must not exceed 9570 of median purchase price ($1280606) as established by HUD. (04/19/10) Subject to change without notice. 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 14, 2010 AGENDA ITEM: Motion authorizing the City Manager or his designee to purchase network equipment from Calence, DIR -SDD -1360, to replace outdated and non - maintenance networking equipment for the Emergency Operations Center and the Water/Fleet Service Center fora total cost of $709,262. This purchase will be financed over a four year period with Key Government Finance, Inc. of Superior, Colorado with first year payment of $185,579.73 and subsequent annual payments of $181,589.27 ($730,347.54). ISSUE: The current hardware and installed components located at the Emergency Operations Center and the Water/Fleet Service Center are failing, at end of life and no longer supported by the vendor. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: City Council approved a lease contract with Key Government Finance, Inc. for the Police Department Network Upgrade. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. ichael Armstro g Director of MIS 361 -826 -3735 MichaelAr(7a,cctexas.com Attachments: Signed Lease document, two originals BACKGROUND INFORMATION The requested equipment upgrade addresses failing equipment located at EEOC and at the Water Department. The core networking switches at these two locations control voice and data network services for Enterprise systems and departments such as SCADA, EOC, Fire Department, Water Department, Solid Waste, Street Department, Animal and Vector Control, Fleet Services, Library, Public Safety including Saratoga Police Sub - Station, and the City's wireless networks. The current hardware and installed components are end of life and end of sales. End of life means that the product has reached the end of its product life due to diminished market demands, technology and innovation development, or simply replacement of mature products. Spares, replacements, and maintenance support services are generally available for only 5 years after a product has been placed on end of life. End of sales means that the product is no longer available as new, warranted equipment from the vendor. The equipment fails frequently, resulting in loss of critical services and increased maintenance costs. The upgrade will ensure that the City of Corpus Christi maintains a state of the art voice and data network infrastructure to meet the increasing network demands of all City departments. The implementation of the requested network equipment will increase core network speeds from 1 GB to 10GB, will allow transmission of increasing video content throughout the City network, will result in reduced cost in leased services, and will provide improved services for data transfers. The implementation will be completed within this fiscal year. The State of Texas Department of Information Resources, DIR, established the Information and Communications Technology, ICT, cooperative contracts list from which Texas government agencies may procure information resources such as hardware, software and services. All items in the ICT cooperative contracts list have been competitively bid per Texas State Requirements. Calence is a State of Texas DIR vendor with ICT contract #DIR -SDD -1360. Financing will be through Key Govermnent finance for four years at 2.0% interest with first year payment of $185,579.73 and subsequent annual payments of $181,589.27. Total payments over four years will be $730,347.54. Based on current plans and timelines, one payment would be required during the current fiscal year. Funds for this payment are available in the current MIS budget. Funding for subsequent years is subject to Council approval. CALENCE Insight Networking Solutions. Date: To: 11/4/2010 David Trevino City of Corpus Christi (361) 826 -3164 -Office (361) 826 -3174 • FaX michaelar6 cclexas.com direv1nof61cc texas. com Order from Calence using Go Di Reed Di1R Agreement # D1R -SOD -1360 CoCC: EOC 4 Fleet Part Number City Halt) P13 Additional 10 Gig t nterFaces- &. X2- 10GB -LR X2- 10GB -ER= G1=NSCi S71,M -SM HolittOintio SiatiOirltifragtittOttire :+,,...,117..,1 y v.r-,•nimn..x., ,, From: Jeff Byrom, RCDD 226 Enterprise Parkway - Suite 116 Carpus Christi. Texas 78405 Phone: 361- 289 -8156 - Office Phone: 361- 232 -3317 - Mobile Fax: 361 - 289.6155 Email: jeff.bvromgicalence.com Inside Sales Support: Lance Newman Phone: (512) 691 -2004 Email lance.n (a�ewmancalance.com c Description List Price Fifewelr v(aas. iiTeffi _„ 10GBASE -LR X2 Module 4,000.00 IOGBASE -ER X2 Module 10,000.00 General SCiST Duplex Single -Mode Fiber Jumper (Customer Provided) WS- SVC - FWM -1 -K9= SG- SVC- FWM-4.0-K9 FR- SVC - FWM -VC -T1 SF- FWM- ASDM.6.IF CON -SNT -W S -FWM 1 K9 EOC VG224 and 3925Gatewsys VG224 SVGVG- 12424T CAB-AC MEM -224 -1 X64F -U MEM- 224- 1X128D -U CON - SNT -VG224 CISC03925 -V/K9 V W IC2- 2MFT -T11E1 EC- MFT -32 PVDM3- 64U192 PWR- 3900 -AC12 CAB-AC CAB- CONSOLE -USB S39UK9.15001 M MEM- 3900- 1GB -DEF MEM -CF -256MB SL-39-1P13-K9 C3900SPE10O/K9 3900 - FANASSY ISR- CCP -EXP SL- 39 -UC -K9 PWR- 3900 -AC CON - SNTP -3925V E0C.- MDF- Floor 3Distribution L8yerr' WS- C6504 -E CAB- AC- C6K-TW LK CON - SNT -W SCG504E FAN - MOD -4HS PWR-2700-AC/4 SV33AEK9M- 12233SXI VS- 5720 -10G -3CXL BF- S720- 64MB -RP VS-F6K -MSFC3 VS- F6K- PFC3CXL VS- 5720 -10G CF- ADAPTER -SP MEM -C6K- CPTFLIGB MEM -CBK- CPTFLIGB X2- 10GB -SR WS- X6708- 1013 -3CXL WS- F6700- DFC3CXL Firewail blade for 6500 and 7600, VFW License Separate Flrewall Module Software 4.0 for 6500 and 7600, 2 free VFW Catalyst 6500 and 7600 virtual FW licensing for 20 VF Device Manager for FWSM 4.0 for Catalyst 6500 and 7600 8x5xNBD Svc, Firewall blade far Catalyst 6500 24 Pori Vdce over IP analog phone gateway Cisco VG200 Series IP SUBSETNOICE AC Power Cord (North America), C13, NEMA 5-15P, 2.1m 64MB Flash Memory for VG224 (Factory Upgrade) 128MB DRAM Memory for VG224 (Factory Upgrade) SMARTNET 8X5XNBD 24 Port Voice over I Cisco 3925 Voice Bundle, PVDM3 -64, UC License PAK 2 -Port 2nd Gen Multiflex Trunk Voice/WAN fnt. Card - T11E1 32- Channel MultiflexTrunk Dedicated ELAN Module PVDM3 64- channel to 192 - channel factory upgrade Cisco 3925/3945 AC Power Supply (Secondary PS) AC Power Cord (North America), C13, NEMA 5-15P, 21m Console Cable 6 ft with USB Type A and mini -B Cisco 3925- 39451OS UNIVERSAL 166 DRAM (512MB+512MB) for Cisco 3925/3945ISR (Default) 256M6 Compact Flash for Cisco 1900, 2900, 3900 !SR IP f3ase License for Cisco 3925/3945 Cisco Services Performance Engine 100 for Cisco 39251SR Cisco 392513945 Fan Assembly (Bezel Included) Cisco Config Pro Egress an Router Flash Unified Communication License for Cisco 3925)3945 Cisco 3925/3945 AC Power Supply SMARTNET 24X7X4 Cisco 3925 Voice Bundle, UC License PAK Catalyst 6500 Enhanced 4 -slot chassis,SRU,no PS,na Fan Tray Power Cord, 250Vac 16A, twist rack NEMA L6-20 plug, US SMARTNET 8X5XNBD Cisco Calalaysl 4 -st High -Speed Fan Module for 7604/6504 -E 2700W AC Power Supply for Cisco 7604!6504 -E Cisco CAT6000- VSS720109 ADVANCED ENT SERVICES SSH (MOD. Cal 6500 Supervisor 720 with 2 ports 10GbE MSFC3 PFC3C XL Bootflash for SUP720- 64MB -RP Catalyst 6500 Multllayer Switch Feature Card (MSFC) 111 Catalyst 6500 Sup720 -10G Policy Feature Card 3CXL Catalyst 6500 Supervisor 720 with 2 10GbE pods SP adapter for SUP720 and SUP720 -10G Catalyst 6500 Compact Flash Memory 1GB Catalyst 6500 Compact Flash Memory 108 10GBASESR X2 Module C6K 8 port 10 Gigabit Ethernet module with DFC3CXL (req. X2) Catalyst 65110 Dist Fwd Card- 3CXL, for W S -X67xrc 34,995.00 0.00 12,500.00 0.00 3.849.00 Final Price Total 2,240.00 4 8,960.00 5,600.00 2 11.200.00 9 19,597.20 2 0.00 2 7,000.00 2 0.00 2 3,079.20 2 5,395.00 3,021.20 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 432.00 345.60 1 10.495.00 5,877.20 1 2,000.00 1,120.00 2 1,500.00 840.00 1 5,060.00 2,833.60 1 500.00 280.00 1 0.00 0.00 2 30.00 16.80 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 1,760.00 1,408.00 1 3,000.00 1,680.00 2 0.00 0.00 4 2,536.00 2,328.80 2 0.00 0.00 2 3,000.00 1.680.00 4 15,000.00 8,400.00 2 48,000.00 26.880.00 2 0.00 0.00 2 0.00 0.00 2 0.00 0.00 2 0.00 0.00 2 0.0D 0.00 2 0.00 0.00 2 1,095.00 613.20 2 1,995.00 1,117.20 6 45,000.00 25,200.09 2 0.00 0.00 2 39,194.40 0.00 14,000.00 0.00 6.158.40 3,021.20 0.00 0.00 0.00 0.00 345.64 5,877.20 2.240.00 840.00 2,833.60 280.00 0.00 16.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,408.00 3,360.00 0.00 4,057.60 0.00 6,720.00 16,800.00 53,760.00 0.00 0.00 0.00 0.00 0.00 0.00 1,226.40 6,703.20 50.400.00 0.00 • AVNET Confidential /Proprietary Page 1 -93- WS- X6708 -10GE X2- 10GB -LR X2- 10GB -ER= WS- X6724 -SFP MEM- XCEF720.256M WS- F6700 -CFC GLC-SX -MM GLC- ZX -SM= GENSCr'SG 1M -Mr I GENSC:S T 1 M -IV M GEN.0 /ST 1 hi -Slut EOC : MDP--. Ptogr 3 Acmes Switch Steck.'.' WS- C3750X- 45PF -S S375XVK9T- 12253SE C3KX -NM -1G CAB - STACK -50CM CABSPWR -30CM CAB- 3KX -AC C3KX- PWR- 1100WAC C310(-PS-BLANK GLC- SX -MM- GENSCrSTJM -MM E E I10F Plum 1 AOFess 5w, itch Stei k WS- C3750X- 40PF -S 8375XVK9T- 122535E C3KX -NM -1G CAB- STACK -50CM CAB - SPWR -3DCM CAB -3KX -AC C310(- PWR- 1100WAC C310( -PS -BLANK GLC- SX -MM= GENSC!ST EOC -10F Floor 4Access Switch Staitc WS- C3750X-48PF -S S375XVK9T- 12253SE C3KX -NM -1G CAB - STACK -5DCM CAB- SPWR -3OCM GAB- 3KX -AC C3KK- PWR- 1100WAC C310( -PS- BLANK GLC- SX -MM= GE t,-C;ST1iii -MM Fleet • M CIF Distribution. Layer WS- C6504 -E CAB- AC- C6K -TWLK CON-SNT-WSC6504E FAN- M013-4HS PWR- 2700 -AC14 SV33AEK9M- 122335X1 VS-S720-10G-3CXL BF- S720- 64MB -RP VS -F6K -MSFC3 VS- F6K- PFC3CXL VS- S720 -10G CF- ADAPTER -SP MEM- C6K- CPTFL1GB MEM- C6K- CPTFL1GB X2.10GB -SR WS- X6708 -10G -3CXL WS- F6700- DFC3CXL WS- X6708.10GE X2- 10G6 -LR X2- 10GB -ER= WS- X6748 -SFP MEM- XCEF720.256M WS- F6700 -CFC GLC -SX -MM AVNET Confidential/Proprietary Ca16500 8 port 10 Gigabit Ethernet module (req. DFC and X2) 10GBASE LR X2 Module 10GBASE -ER X2 Module Catalyst 6500 24 -port GIgE Mod: fabric-enabled (Req. SFPs) Catalyst 6500 256MB DDR, xCEF720 (87>at interface, DFC3A) Catalyst 6500 Central Fwd Card for WS X67xx modules GE SFP, LC connector SX transceiver 1000BASE -ZX SFP General SC)SC Duplex h,lurti -Mode Fiber Jumper (Customer Provided} General SC/ST Duplex Mu €ti.Mode Fiber Jumper [Customer Provided) General SC /ST Duplex Single-Mode Fiber Jumper {Customer Provided) Catalyst 3750X 48 Port Fuil PoE IP Base CAT 3750X rOS UNIVERSAL WITH WEB BASE DEV MGR Catalyst 3K -X 1G Network Module option PID Cisco StaakWise 50CM Stacking Cable Catalyst 3750X Slack Power Cable 30 CM AC Power Cord far Catalyst 3K -x (Noah America) Catalyst 3K X 1100W .AC Power Supply Catalyst 3K -X Power Supply Blank GE SFP. LC connector SX transceiver General SC/ST Duplex Multi -1Tode Fiber Jumper (Customer Provided} Catalyst 3750X 48 Port Full PoE IP Base CAT 8750X 103 UNIVERSAL WITH WEB SASE DEV MGR Catalyst 3X -X 1G Network Module option PID Cisco StackWise 5IICM Stacking Cable Catalyst 3750X Stack Power Cable 30 CM AC Power Cord for Galalyst 3K -X (North Amedca) Catalyst 3K -X 1100W AC Power Supply Catalyst 3K -X Power Supply Blank GE SFP, LC connector SX transceiver General SCtST Duplex itiulii -Mode Fiber Jumper {Customer Provided) 0.00 4,000.00 10,000.00 15,000.00 0.00 0.00 500.00 3,995.00 0.00 2,240.00 5,600.00 8,400.00 0.0D 0.00 280.00 2,237.20 2 0.00 2 4,460.00 0 0.00 2 16,800.00 2 0.00 2 0.00 0 0.00 2 4,474.40 2 12 4 14,000.00 7,840 00 4 31 360.00 0.00 0.00 4 0 .00 500.00 280.00 4 1,120.00 0.00 0.00 4 0.00 0.00 0.00 4 0.00 0.00 0.00 4 0.00 0.00 0.00 4 0.00 0.00 0.00 4 0.00 500.00 280.00 2 560.00 14,01)0.00 7,840.00 4 31,360.00 0.00 0.00 4 0.00 500.00 280.00 4 1,120.00 0.00 0.00 4 0.00 0.00 0.00 4 1100 0.00 0.00 4 0.00 0.00 0.00 4 0.00 0.00 0.00 4 0.00 500.00 280.00 2 560.00 Catalyst 3750X 48 Port Full PoE IP Base 14,000.00 CAT3750X 105 UNIVERSALW1TH WEB BASE DEV MGR Catalyst 3K -X 1G Network Modute option PID Cisco StackWlse 50CM Stacking Cable Catalyst 375DX Stack Power Cable 30 GM AC Power Cord for Catalyst 3K -X (North America) Catalyst 3K -X 1/00W AC Power Supply Catalyst 3K -X Power Supply Blank GE SFP, LC connector SX transceiver General SCJST Duplex Mullf -Mode Fiber Jumper Cusic nn r Psovidetii Catalyst 6500 Enhanced 4 -slot chassls,SRU,no PS,no Fan Tray Power Cord, 25QVec 16A, twist lock NEMA L6-20 plug, US SMARTNET 8X5XNBD Cisco Catalayst 4 -si High -Speed Fan Module for 7604/6504-E 2700W AC Power Supply for Cisco 7604!6504 -E Cisco CAT6000- VSS720 IDS ADVANCED ENT SERVICES SSH (MOD' Cat 6500 Supervisor 720 with 2 parts 1OGbE MSFC3 PFC3C XL Bootfesh for SUP720- 64M8 -RP Catalyst 6500 Multftayer Switch Feature Card (MSFC) ill Catalyst 6500 Sup720 -10G Policy Feature Card 3CXL Catalyst 6500 Supervisor 720 with 2 10GbE ports SP adapter for SUP720 and SUP720 -10G Catalyst 6500 Compact Flash Memory 1GB Catalyst 6500 Compact Flash Memory 1GB 10GBASE -SR X2 Module C6K 8 port 10 Gigabit Ethernet module with DFC3CXL (req. X2) Catalyst 6500 01st Fwd Card 3CXL, for WS -X67xx Cat6500 8 port 10 Gigabit Ethernet module (req. DFC and X2) 10GBASE -LR X2 Module 10GBASE -ER X2 Module Catalyst 6500 46 -port GigE Mod: fabric - enabled (Req. SFP5) Catalyst 6500 256MB DDR, xCEF720 (67)xlnterface, DFC3A) Catalyst 6500 Central Fwd Card for WS- X67rat modules GE SFP, LC connector SX transceiver -94- 0.00 500.00 0.00 0.00 0.00 0.00 0.00 500.00 3,000.00 0.00 2,536.00 0.00 3,000.00 15,000.00 46,000.00 0.00 0.00 0.00 0.00 0.00 0.00 1,095.00 1,995.00 45,000.00 0.00 0.00 4,000.00 10,000.00 25,000.00 0.00 0.00 500.00 7,840.00 2 15.680.00 0.00 2 11.00 280.00 2 560.00 0.00 2 0.00 0.40 2 6.00 0.00 2 0.00 0.00 2 0.00 0.00 2 0.00 280.00 2 560.00 2 1,680.00 2 0.00 4 2,028.80 2 0.00 2 1,680.00 4 8,400.00 2 26,880.00 2 0.00 2 0.00 2 0.00 2 0.00 2 0.00 2 0.00 2 613.20 2 1,117.20 4 25,200.00 2 0.00 2 0.00 2 2240.00 0 5,600.00 2 14,000.00 2 0.00 2 0.00 2 280.00 0 3,360.00 0.00 4,057.60 0.00 6,720.00 16,800.00 53,760.00 0.00 0.00 0.00 0.00 0.00 0.00 1,226.40 4,488.80 50,400.00 0.00 0.00 0.00 11,200.00 28,000.00 0.00 0.00 0.00 Page 2 GLC- LH -SM= GENSC!SC 1M -MM GENSC!SC1M_Sr i GENSC /LC 1M -St.1 Holly Pump station - MDE. - :3750 Stack WS- C37500 -12S -E CAB - STACK -50CM CAB-AC CON - SNT- 3750G12E GLC- ZX -SM= GLC -LHSM= GEN SCP_C 3.1 -SM Additional Hacdened:Suwttcit Units. 1 IE- 3000 -8TC SIESLBT- 12250SE "Note - No Installation Will Cisco Learning. Credits TRN -ax-900 CalenCe Installation Sefv%r}s PRO': SERr GE SFP,LC connector LXILH transceiver Genorel SC /SC Duplex Mu »ti -Mode Fiber Jumper (Cus€arrter Provided) General SCrSC Duplex Single -MrXle Fiber Jumper (Customer Provided) General SCrLC Duplex Single -Mode Fiber Jumper (Customer Provided; Catalyst 375112 SFP+ IPS Image Cisco StackWise 50CM Stacking Cable AC Power Cord (North America }, C13, NEMA 5-15P, 2.im SMARTNET 8X5XNBD Cat 3750 12 SFP Enhanced Multilayer !mg 1000BASE -ZX SFP GE SFP,LC connector LXILH transceiver General SCiLC Duplex Single -Mode Fit,er Jumper {Customer Provided) Cisco IE 3000 Switch, 8 10/100 + 2 T /SFP Cisco IE 3000 LAN BASE WIO CRYPT() WITH WEB BASED DEV MGF Be Provided For These Units. 10 Prepaid training credits:Redeem wlCisco Learning Partnrs irn of. Pr, E„-sc;n,.lS:r1 i.. _ d11.N7 NJI_S._lien 995.00 557.20 2 1.114.40 11,990.00 0.00 0.00 1,007.00 3,995.00 995.00 1,995.00 0.00 6,714.40 0.00 0.00 805.60 2,237.20 557.20 2 a 2 2 13,428.80 2 0.00 2 0.00 2 1.611.20 2 4,474.40 2 1,114.40 1,117.20 50 0.00 50 1,000.00., 0.00:..14 S0, "�5.1 rii! 1 55,880.00 0.00 0.00 ,City af:GQrp0 Part Number tty Halt VSS 6.505 Flhar [ad s, WS- X6724 -SFP= WS- F6700- DFC3CXL GLC -LH -SM GLC -ZX -SM MEM- XCEF720 -1GB GENSCJLC1M -MM Northwest Vbrary Voice Gateway C2901-CME-SRST/K9 S29UK9- 15102T FL -SRST VIC2 -2FXO VIC3- 2FXSID€D CAB-AC PWR-2901-AC FL- CME- SRST -25 ISR- CCP -EXP MEM- 2900- 512M13-DEF MEM- CF -256M8 PVDM3 -16 SL- 29- IPB-K9 SL- 29 -UC -K9 CON -SNT -2901 C MST Phone Devices CP -7945G CP -7937G CP- 7937 - PWR -SPL CP -PW R- CORD -NA CP-PWR-CUBE-3 CP- 7937- MIC -KTT- LIC- CM- DL -10= NW Library ME Switch ME-C3750-24TE-M ME3750- ADVIP -LIC PWR- ME3750 -AC PWR- ME3750 -AC -R CAB-AC 19INCH- BRKT -1RU CON - SNT- ME3750M GLC- ZX -SM= GLC -T= AVNET Confidential /Proprietary Christi- (Nbethwest Library`itifeastr+ cttire Qui 61005 Description List Price Final Price Cl r, - Catalyst 6500 24 -port GigE Mod: fabric - enabled (Req. SFPs) 15,000.00 8,400.00 2 16,800 00j Catalyst 6500 Dist Fwd Card- 3CXL, for WS -X67xx GE SFP, LC connector LXILH transceiver 1000BASE -ZX SFP Catalyst 6500 1GB DDR, xCEF720 (67)x interface, DFC3BXL) General SC;LC, Duplex f:tul[i -Mode Fiber Jumper {Customer Provided) 2901 Voice Bundle w! PVDM3- 16,FL -CME SRST -25, UC Ucense PAK Cisco 2901 -2921 IDS UNIVERSAL Cisco Survivable Remote Site Telephony License Two -port Voice Interface Card - FXO (Universal) Two -Port Voice interface Card- FXS and DID AG Power Cord (Nodh America), C13, NEMA 5-15P, 2.1m Cisco 2901 AC Power Supply Communication Manager Express or SRST - 25 seat license Cisco Config Pro Express on Router Flash 512MB DRAM for Cisco 2901 -2921 ISR (Default) 256MB Compact Flash for Cisco 1900, 2900, 3900 ISR 16- channel high - density voice and video DSP module IP Base License for Cisco 2901 -2951 Unified Communication license for Cisco 2901 -2951 SMARTNET 8X5XNBD 2901 Voice Bundle wl UC license PAIL Cisco UC Phone 7945, Gig Ethernet, Color Cisco 1P Conference Station 7937 Global Power Splitter for 7937 7900 Series Transformer Power Card, North America IP Phone power transformer For the 7900 phone series Microphone Kit for 7937 Unified CM Device License -10 units ME C3750 2410I100+2SFP+2SFP ES Prt (no-pwr): Std ME SW trng Advanced IP Feature Ucense for Catalyst 3750 Metro Configurable ME -03750 AC Power Supply Metro Catalyst 3750 redundant AC power supply (configurable) AC Power Cord (North America), C13, NEMA 5-15P, 2.1m 19-inch brackets for mounting 1 RU Catalyst switches SMARTNET 8X5XNBD ME C3750 24 101100 +2SFP +2SFP ES Prt (no 1000BASE -ZX SFP 1000BASE -T SFP -95- 15,000.00 8,400.00 2 995.00 557.20 2 3.995.00 2,237.20 2 0.00 0.00 2 3,195.00 0.00 0.00 400.00 400.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.09 0.00 305.00 16,800.00 1,114.40 4,474.40 0.00 1,789.20 1 1,789.20 0.00 1 0.00 0.00 1 0.00 224.00 1 224.00 224.00 1 224.00 0.00 1 0.00 0.00 1 0.00 a.00 1 0.00 a.00 1 0.90 a.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 0.00 1 0.00 244.00 1 244.00 465.00 260.40 8 1,295.00 60.00 10.00 45.00 350.00 725.20 33.60 5.60 25.20 196.00 2 2 2 2 500.00 2800.00 5 5,995.00 7,000.00 0.00 995.00 0.00 0.00 966.00 3,995.00 395.00 3,357.20 1 3,920.00 1 0.00 1 557.20 1 0.00 1 0.00 1 772.80 1 2,237.20 2 221.20 2 2,083.20 1,450.40 87.20 11.20 50.40 392.00 1,400.00 3,357.20 3,920.00 0.00 557.20 0.00 0.00 772.80 4,474.40 442.40 Page 3 GEN3,ITR- RJ41fRJ45 GENSC /LCI i -MM Switch Stack WS- C3750X -24P -S S375XVK9T- 12253SE C3KX -NM-1 0 CAB - STACK -50CM CAB - SPWR -30CM CAB -3KX AC C3KX -PW R -715W AC C3KX -PS -BLANK GLC -T= Main Library ME Switch ME- C3760- 24TE -M ME3750- ADVIP -LIC P W R- ME3750 -AC PWR- ME3750 -AC -R CAB-AC 19INCH- BRKT -1 RU CON- SNT- ME3750M GLC- LH -SM= GLC -T= f3 EN3MTR -R] 451RJ45 G ENSCfLC'IM-MM Main Library Switch Stad WS- C3750X -24P -S S375XVK9T- 12253SE C3KX -NM -10 CAB- STACK-50CM CAB -SPW R -30CM CAB- 3KX -AC C3KX -PW R -715W AC C3KX -PS -BLANK GLC-T= Insight ins(attation Services INSIGHT F-01 -'ER'i General 3-meter Copper Patch Cord Cat -6a (Customer Provided} General SC /LC Duplex Multi -Mode Fiber Juniper (Customer Provided) Catalyst 3750X 24 Port PoE IP Base CAT 3750X IDS UNIVERSAL WITH WEB BASE DEV MGR Catalyst 3K -X 1G Network Module option PID Cisco StackWise 50CM Stacking Cable Catalyst 3750X Static Power Cable 30 CM AC Power Cord for Catalyst 3K -X (North America) Catalyst 3K -X 715W AC Power Supply Catalyst 3K -X Power Supply Blank 1000BASE -T SFP ME C3750 24101100+2SFP +2SFP ES Prt (no -pwr): Std ME SW Img Advanced IP Feature License for Catalyst 3754 Metro Configurable ME -C3750 AC Power Supply Metro Catalyst 3750 redundant AC power supply (configurable) AC Power Cord (North America), C13, NEMA 5-15P, 2.1m 19 -inch brackets for mounting 1 RU Catalyst switches SMARTNET 8X5XNBD ME C3750 24 101100 +25FP+2SFP ES Pn (no GE SFP, LC connector LX/LH transceiver 1000BASE T SFP General 3 -meter Copper Patch Cord Cat -8e (Customer Provided) Gen -3ral SC /LC Duplex Multi -Mode Fiber Juniper (Customer Provided) Catalyst 3750X 24 Port PoE IP Base CAT 3750X IDS UNIVERSAL WITH WEB BASE DEV MGR Catalyst 3K -X 1G Network Module option PID Cisco StackWise 50CM Stacking Cable Catalyst 3750X Stack Power Cable 30 CM AC Power Cord for Catalyst 3K -X (North America) Catalyst 3K -X 715W AC Power Supply Catalyst 3K -X Power Supply Blank 1000BASE -T SFP risigh1 Pr_.fes3i ,a SEnji.c Puje,sic,nal !n; dllakil ' C:+nflcltira!ior, 7 2 7,300.00 4,088.00 2 8,176.00 0.00 0.00 2 0.00 500.00 280.00 2 560.00 0.00 0.00 2 0.00 0.00 0.04 2 0.00 0.00 0.00 2 0.00 0.00 0.00 2 0.00 0.00 0.00 2 0.00 395.00 221.20 2 442.40 5,995.00 3,357.20 1 3,357.20 7,000.00 3,920.00 1 3.920.00 0.00 0.00 1 0.00 995.00 557.20 1 557.20 0.00 0.00 1 0.00 0.00 0.00 1 0.00 968.00 772.80 1 772.80 995.00 557.20 2 1.114.40 395.00 221.20 2 442.40 2 2 7,300.00 4.088.00 2 8,176.00 0.00 0.00 2 0.00 500.00 280.00 2 560.00 0.00 0.00 2 0.00 0.00 0.00 2 0.00 0.00 0.00 2 0.00 0.00 0.00 2 0.00 0.00 0.00 2 0.00 395.00 221.20 2 442.40 14..*0 utt 1 7.700 00 1 i4, 130...7 0.00 AVNET Confidential /Proprietary -96- Network Hardware Grand Total (US Dollar) : Installation Services Grand Total (US Dollar) : 694,802.00 14,460.00 Grand Total (US Dollar) : 709,262.00 Page 4 LSCO SYSTEMS CAPITAL FINANCING OPTION November S, 2010 ""Quote Valid for 30 days City of Corpus Christi 0 A 0 Em E' gg O1O ig 6 C F Ed ES 8= MI F E Ec a E 3 Y m a -+ df $B g 3.g Eb o ir E mwm E. City of Corpus Christi EQUIPMENT: N 1 a e # m -NE 5.4 r fi s2 Sm E- �a aM E S c0 gE sm m$ Ee m mE E T E N mE m— E8 Ll Eel sRE 0 Om ZO ml cE i ; ° R E E }� W 6 p ? 9 ' ry 8 lift 6 �1 g I -y81 E .°1 °o c Qa E g ! e��o g3.1 1 LL = $ o c o m G m W a „ a N IMO C a �$ .$ E C E m C E N pY q]q) G m 9 $ p T o R p N, :::: g i c �� U E ° El i k 411a ��te g 1_ S o $ E ,52 gdp E l W U t tDi; m fi 8 E . E • RE E 2 '2 Q g EsE m $ 0 e $ 1 s 1 - $a g V Ma g' m m EE a� `e'E3o2 m� 9 0 2S top E. ivi out E 174 Et O . a a B LL 3 E ns available an r®ques! E Ivey Government Finance, Inc., on behalf of Cisco Systems Capital Corp. cisco� SYSTEMS ;co SYSTEMS Financing Application for State & Local Government Customers Lessee (Full Legal Name) Federal Tax ID # Street Address City, State, and Zip Dept. IJeing the Equipment Customer Contact Title Phone and Fax No. e-mail address Contract Signer Title Phone and Fax No. e-mail address CA PITAI, AMA L City of Corpus Christi 74 6000 574 1201 Leopard St. Corpus Christi, Texas 78416 MIS maintains, use is by an departments and systems within the City of Corpus Christi network David P. Trevino IT Program Coordinator, Network Mgr. 361 -826 -3754 1 361- 826 -4221 Dtrevino0Occ texas.co m Angel Escobar City Manager Invoices to be sent to: Contact Department Street Address City, State, and Zip Phone and Fax No. e-mail address Special Instructions Rose Esquivel MIS 1201 Leopard St. Corpus Christi, Texas 78401 361 -826 -3740 RoseEiacc €exas.00m Ship to Loading Dock at 1201 Leopard. 1. Equipment Description: Core network equipment. 2. What is the purpose of the proposed equipment acquisition? Replace and upgrade existing network equipment. 3. Why is the equipment essential? It is the core. Provides city connectivity between major and critical locations in a metropolitan network. 4. What department is using the equipment? All departments. 5. Is the new equipment replacement, an upgrade or additional to the department? All 6. If replacement or upgrade, what is the age of the existing equipment? More than l0 years. 7. If you're upgrading existing equipment, is the existing equipment paid off? Yes Source of funds for proposed payments: General Fund Yes Fund Balance: $ Date of most recent Audited Financial Statement: Fiscal Year End: July 31. each year As of Other (provide detail) 8. Have funds been appropriated for the payments due on the proposed financing during the current budgetary period? Yes 4. Will any loan or grant monies be directly used to make the payments? No If so provide detail. 10. Have you ever defaulted or non - appropriated on a lease or bond obligation? No 11. Have you issued or do you intend to issue more than 30 million dollars in tax- exempt dept, in your current fiscal year? No General Liability Insurance Coverage limits in the amount of $1 Minion is required. If applicable, automobile liability coverage of 83 minion required. Self Insured? Yes, Municipality General Liability Coverage Limits: Up to Tx. Tort claim Is the lessee a member of a and coverage amounts below. managed risk pool? No 'Ryes please provide the name limits, excess liability through STAR Insuarncc Co. Total liability coverage is 510 million. If the lessee has additional commercial insurance coverage please provide coverage limits. Submitted by (Name): David . Trevino Title: IT Program Coordinator, Network Manager Signature: r:-4.��i/ f z. Date: 9- Nov -l0 So that we may begin our credit review process, please fax this application along with your equipment quote (btli of materials) and the slgne financing proposal, to (216) 370 -4109. Please send the 3 most recent copies of your Audited Annual Financial Statements, plus a copy of this year's budget. to: Jason Hennings Key Government Finance, Inc. 1000 S. McCasiin Blvd. Sunerior CO 80027 _98— CE RTIFICATE OF LIABILITY INSURANCE PRODUCER Aon Risk Insurance services West, Inc. Phoenix Az office 1850 North Central Avenue Suite 1700 Phoenix Az 85004 USA PHONE -(866) 283 -7122 FAx -(847) 953 -5390 1 DATE(MM/DD/YYYY) 04/26/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Insight Enterprises, Inc. 6820 5. Hari Avenue Tempe AZ 85283 USA INSURER A: Sentry Ins A Mutual Company 24988 ENSURER B: Great Northern Insurance co 20303 INSURER c; Federal Insurance company 20281 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED REI.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LIMITS SHOWN ARE AS REQUESTED INSR A ADD'L TYPE OF INSURANCE POLICY NUMBER P POLICY EFFECTIVE P POLICY EXPIRATION L LIMITS B , ,. " " LLIABILITY 3 35780374 0 04/15/2010 0 04/15/2013 E EACH OCCURRENCE $ $1,000,000 COMMERCIAL GENERAL LIABILITY D DAMAGE TO RENTED $ $1, 000, 000 MED EXP (Any one person) $ $10,000 PERSONAL & ADV INJURY $ $1,000,000 GENERAL AGGREGATE 5 52,000,000 GEN%AGGREGATE LIMIT APPLIES PER POLICY ■ PRO- ❑ P PRODUCT'S - COMP/OPAGG 5 52000,00o JECT C A AUTOMOBILE L LIABILITY 7 73520761 0 04/15/2010 0 04/15/2011 C COMBINED SThGLE LIMIT 51, 000, 000 BODILY INJURY BODILY INJURY PROPERTYDAMAOE II ( GARAGE LIABILITY A AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGO EXCESS / UMBRELLA LIABILITY E EACH OCCURRENCE ❑ OCCUR ■ CLAIMS MADE A AGGREGATE ■ D DEDUCTIBLE A 9 WORKERS COMPENSATION AND 900574909 0 04/15/2010 U U4 /iy /tut1. x x IWC STATU- O I I OTH- E.L. EACH ACCIDENT $ $1,000,000 E.L. DISEASE -EA EMPLOYEE $ $1,000,000 E.L. DISEASE- POLICY LIMIT $ i CERTIFICATE HOLDER CANCELLATION city of Corpus Christi Attn: Lisa Aguilar 1201 Leopard corpus Christi TX 78401 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE aJ�Oaa a7LH��lltdloatosau � {j'y�, ,,,�� Holder Identifier : Certificate No : 570038610268 ACORD 25 (2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved— The ACORD name and loge are registered marks of ACORD _99- 9 AGENDA MEMORANDUM AGENDA ITEM: December 14, 2010 Ordinance appropriating $514,000.00 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800- 4220 to pay The Preserve at Mustang Island, LLC for the construction and installation of a Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road in accordance with the Sanitary Sewer Trunk Force Main and Lift Station Construction Reimbursement Agreement approved by City Council March 31, 2009 (M2009 -078); and declaring an emergency. ISSUE: The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision, has completed the construction of the Zahn Road Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances. Per the Reimbursement Agreement approved by City Council on March 31, 2009, and executed on April 1, 2009, the developer is eligible for reimbursement, provided the funds are available in the Sanitary Sewer Trust Fund. The total commitment from the Sanitary Sewer Trunk Trust Fund for this project was $2,457,890.25. This amount exceeded the Sanitary Sewer Trunk Trust Fund balance. At this point $432,503 has been appropriated and paid to The Preserve at Mustang Island, LLC, with a remaining balance of $2,025,387.25, to be paid. The current request, if approved, will bring the remaining reimbursement agreement balance down to $1,511,387.25, which will be appropriated and dispersed as the Sanitary Sewer Trust Fund is replenished through the collection of wastewater acreage fees required by the platting ordinance. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Juan Perales, ., P.E. Assistant City Manager Department of Engineering and Development Services Email: johnnvo @cctexas.com Phone:361- 826 -3828 Attachments: Exhibit A Site Map Exhibit B Zahn Rd. Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement -103- ZAHN ROAD LIFT STATION DESIGN MEMORANDUM CORPUS CHRISTI, TEXAS NAISMITII, ENGINEERING, INC. EN[:INEEHING GNVIHONNENTML • SLHVHT1N[ I�, FOR INTERIM REVIEW FOR PERMIT PURPOSES ONLY NOT FOR CONSTRUCTION OR EIDO7ND CONSTRUCTION AND REIMBURSEMENT AGREEMENT Tortuga Dunes /Zahn Road / Packery Channel Development Area Wastewater Lift Station and Force Main Improvements THE STATE OF TEXAS COUNTY OF NUECES This Construction and Reimbursement Agreement (" Agreement") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Forester (USA) Real Estate Group Inc., a Delaware corporation duly authorized to do business in Texas ( "Developer"), whose headquarters is located at 6300 Bee Caves Road, Building Two, Suite 500, Austin, Texas 78746. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 33.53 acres called The Preserve at Mustang Island, Unit 1, along Zahn Road, as shown in the attached EXHIBIT 1; WHEREAS, the City's Whitecap WWTP Service Area Master Plan requires the construction of a lift station and dua! force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service; WHEREAS, the provision of central wastewater service and additional area infrastructure improvements are necessary to timely advance the joint development goals of the Packery Channel Development Area, as intended by the City and the General Land Office of the State of Texas, and as enumerated in the Padre Island Action Plan; WHEREAS, the lift station and dual force mains are not in place at this time, but these improvements are included in the City's Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area, to provide City wastewater service to Service Areas 11 and 12; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the Iift station and . dual force mains; WHEREAS, under the Platting Ordinance, the Developer is eligible for full reimbursement of the Developer's costs incurred for the construction of the lift station and dual force mains on behalf of the City; WHEREAS, it is essential that the Iift station and dual force mains be constructed in connection with The Preserve at Mustang Island, Unit 1, development for service to be provided upon completion of The Preserve at Mustang Island, Unit 1; and WHEREAS, it is to the best interest of the City and the Developer for the Zahn Road Lift Station and dual force mains be constructed in accordance with the City of Corpus Exhibit B. Page 1 of 8 Trust Fund ReirnbAgrment - Zahn Road LS FM rjr -bcr 03022009 (2).doc —105— Christi Ordinances as specified in the Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area and within the Zahn Road Lift Station and Force Main Design Memorandum; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Zahn Road Lift Station and Dual Force Mains under the Design Memorandum as required for the Packery Channel Development Area, the Preserve at Mustang Island and for additional adjacent property in Service Areas 11 and 12, in compliance with the City's Platting Ordinance and under the plans and specifications approved by Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer has contracted with a professional engineer, Naismith Engineering, Inc., who were acceptable to the City's Development Services Engineer, which firm has prepared and obtained the January 22, 2008 approval of the City's Development Services Engineer for the Zahn Road Lift Station and Force Main Design Memorandum; which firm has also prepared detailed plans and specifications for the Zahn Road Lift Station and Force Mains, with the following basic design parameters: (1) LIFT STATION: (a) Lift station structure designed for ultimate capacity of 0.6 MGD. (b) Pump installation and design will be based on the following phasing with Developer installing Phase 1 as part of this Agreement: (1) Phase 1 initial design Q = 121 GPM. (ii) Phase 2 add force main capacity Q =277 GPM (iii) Phase 3 add Svc. Area 12 flows Q =418 GPM or 0.6GPD. (2) DUAL SANITARY SEWER TRUNK FORCE MAINS: (a) Install 7,124 feet of 4" PVC and 1,400 feet of 4 "HDPE sanitary sewer force main line and appurtenances. (b) Install 7,124 feet of 6" PVC and 1,400 feet of 6" HDPE sanitary sewer force main line and appurtenances. (c) At the Packery Channel crossing, install four (4) additional pipes in the existing channel crossing sleeve, each 1,400 feet long, three (3) of 8" HDPE, and one (1) of 2" HDPE, and appurtenances. Page 2 of 8 Trust Fund ReimbAgrment - Zahn Road LS FM rjr -bcr 03022009 (2).doc -106- (d) The force mains described in subparagraphs (a), (b), and (c) of this paragraph will begin at the Zahn Road Lift station and end at an existing wastewater manhole located at a point across South Padre Island Drive (Park Road 22) designated by the City, where they will terminate at an existing manhole. The size of the force mains were dictated by the design as approved by the City of Corpus Christi. b. The plans and specifications for the lift station and dual force mains are those prepared by Naismith Engineering, Inc., under Job No. 7818, dated and sealed on June 5, 2008. 3. SITE IMPROVEMENTS. Prior to construction of the lift station and dual force mains, Developer shall acquire from General Land Office (for the Permanent School fund) the two sewer easements and from a private landowner one sewer easement to permit the dual force mains to be connected across Packery channel to the City of Corpus Christi Whitecap sewage collection system at a manhole located at a point adjacent to South Padre Island Drive (Park Road 22) as identified and directed by City of Corpus Christi. These easements will be granted to the City of Corpus Christi or upon City acceptance of improvements dedicated to the City of Corpus Christi, as instructed by the City. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance, if any. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer has taken bids for the work under the requirements of the City of Corpus Christi, and shall award a contract and complete the lift station and force mains, under the approved plans and specifications, no later than 270 working days after the date of approval of this Agreement by the City of Corpus Christi (subject to extension for force majeure delays). 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. 7. DEFAULT. a. The following events constitute default: 1. Developer fails to award a contract for the construction of the project, under the approved plans and specifications, by the 30th calendar day after the date of approval of this Construction and Reimbursement Agreement by City Council. 2. Developer's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 3. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before 240 work days after receiving notice to proceed (subject to extension for force majeure delays). Page 3 of 8 Trust Fund ReimbAgrment - Zahn Road 1.5 FM rjr -bcr 03022009 (2).doc —107— b. In the event of default, the City has all its common law remedies in addition to the following: 1. Cancellation of this reimbursement agreement after notice and opportunity to cure as provided herein. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be In the form and substance as attached to this agreement. The performance and payment bond must name Developer and City as joint obligees. 10. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: Forestar (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: Wayne McDonald, Senior Vice President With copy to: Forestar (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: General Counsel Page4of8 Trust Fund Reim bAgrment - Zahn Road L5 FM rjr -bcr 03022009 (2).doc —108— 2. if to the City: City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this agreement, the City shall give written notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer commence to perform the obligation or duty within 25 days after receipt of such notice, and continue such performance with diligence, then no event of default shall be deemed to have occurred. c. But if Developer should fail to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. d. In the alternative, in the event of Developer's failure to cure or commence to cure any such breach within 25 days after receipt by Developer of a second notice in writing from City of the need to perform the obligation or duty, the City may terminate this agreement. e. If City has performed an obligation or duty of Developer, then Developer shall pay to City the cost of such performance within 30 days from the date Developer receives written notice and substantiation of the cost to City of such performance. f. Notice required by the paragraph may be by United States Postal Service, First Class Mall, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. g. The provision for notice and cure contained in this agreement do not apply to a default under Section 7(a) of this agreement. h. The dates for completion of the lift station and dual force mains may be extended for each day that completion is delayed by inability to obtain labor or materials, weather making the work impracticable, acts of God, or other forces beyond the control of Developer (but not financial inability). These causes of delays are called "force majeure ". 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of the lift station and dual force mains for a period of one year from and after the date of acceptance of the facilities by the Development Services Engineer. The warranty must be assigned and transferred to the City upon completion of this project. Page 5 of 8 Trust Fund ReimbAgrment - Zahn Road LS FM rjr -bcr 03022009 (2).doc —109— 12. REIMBURSEMENT a. Subject to availability of funds in the Sanitary Sewer Trunk System Trust Fund, and the appropriation of the funds by the City Council, the City will reimburse the Developer 1 00% of the cost of the lift station and dual force mains, including in the calculation of such cost, but not limited to the following items: The payments to a contractor for the construction and installation of the lift station and dual force mains, costs of permits and inspection fees, costs of design and construction inspection, costs of easements from General Land Office and private parties, and the costs of environmental permitting, but not including the costs of mitigation of impacts. The costs to be reimbursed are those described on "Project Costs - Exhibit B" prepared by Naismith Engineering, Inc., and attached hereto, The City will, contingent on collection of sewer acreage and lot fees, continue to deposit funds into the Sanitary Sewer Trunk System Trust Fund consistently with past practices. b. If funds are available and appropriated during the construction of the lift station and dual force mains, the City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursement of eligible costs will be made by the later of within 15 days from the date of invoice or 15 days from funds becoming available and appropriated. c. To be eligible for reimbursement, the work completed to date must comply with the approved plans and specifications, and have been inspected and are acceptable by the City, which inspection and acceptance will not be unreasonably delayed, withheld or conditioned. d. If funds are not available or appropriated until after the work has been completed, the City will reimburse the Developer when the funds are available and appropriated in the Sanitary Sewer Trunk System Trust Fund, The order of reimbursement of un- reimbursed developers will be determined according to the dates the sanitary sewer trunk system construction and reimbursement agreements are approved by the City Council. Only two projects, being Bahia Vista Subdivision Unit 1 and 37 Industrial Park, are currently beneficiaries of dates of reimbursement agreements approved by City Council which are earlier than the lift station and dual force mains which are the subject of this agreement. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees" j from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this lift station and dual force main construction. 14. DISCLOSURE OF OWNERSHIP INTEREST. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of Page 6 of 8 Trust Fund ReimbAgrment - Zahn Road LS FM rir -bcr 03022009 (2).doc -110- this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit uc,, 15. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of , 2009. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI By: iigel R. Escobar City Manager APPROVED AS TO FORM: .1 day of are By: R. Jay First Cssistant City Attorney THE STATE OF TEXAS COUNTY OF NUECES , 2009 friajilia WHORLED 3Y COUNCIL,. ..............,...z.s,,. sECL €TARy i . ti This instrument was acknowledged before me on OL , 2009, by 'Angel R. Escobar, City Manager,. City of Corpus Christy, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. L.dia kgv, 4), Notary P� ubI b, State of Tdxas Page 7 of 8 Trust Fund ReirnbAgrrnent - Zahn Road LS FM rjr -bcr 03022009 (2).doc —111— DEVELOPER: FORESTAR (USA) REAL ESTATE GROUP INC. By: [NAME] [TITLE] THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on VV\c t&L I a , 2005, by I!t eposnaio , Senior Vice President of Forestar (USA) Real Estate Group Inc., a Deraware corporation on behalf of the corporation Notary Public, State of Texas Page 8 of 8 Trust Fund ReimbAgrment- Zahn Road LS FM rJr -bcr 03022009 (2).doc —1 1 2— Project Costs Exhibit B lail Naisrnith Engineerlingg,Inc 4501 Gollhar Road. Comas Christi, TX 78411 961.814.9900 Pax 361-814-4401 Title: Zahn Road Lift Station & Force Main NEI #: 7818 Date Award: Original Contract Amount: Total Change Order Amount: Adjusted Contract Amount: September 2, 2008 $2,457,890.25 $0.00 $2,457,890.25 NEI Engineer Craig B. Thompson, P.E. NEI Contact: Thomas Tiffin Date Contract Commenced: Original Contract Days: Change In Contract Days: Adjusted Contract Days: Date: Inspected By: 240 0 240 Working Days Working Days Working Days Owner: The Preserve at Mustang Island, L.L.C. Contact: Barrett Allison 1300 S. Mopac Expressway Austin, Texas 78746 Phone: (512) 422 - 2209 Address: Contractor: Big State Excavation Contact: Gary Meurer Address: PO Box 260297 Corpus Christi, Texas 78410 Phone: (361) 537 - 5013 A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: ITEM NO. DESCRIPTION QUANTITY ma QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 1 Stabilized Construction Entrance & Exit 1 EA 1 $2,000.00 $2.00 $2,000.00 $666.00 2 Reinforced Filter Fabric Fence 333 LF 333 3 Hay Bales 1 LS 1 $1,000.00 $1,000.00 4 Site Clearing and Stripping 0.32 AC 0.32 $3,000.00 $960.0C 5 Site Grading 1 LS 1 $3,000.00 $3,000.00 6 Lift Station and Appurtenances 1 LS 1 $580,000.00 $580 000.0C 7 Dewatering ! Well Pointing for Lift Station and Appurtenances Installation I LS 1 $50,000.00 $50,000 .0C 8 Odor Control 1 LS 1 $140,000.00 $140,000.00 9 8" Gravity Sanitary Sewer 110 LF 110 $140,00 $15,400.00 10 8" End Plug 2 EA 2 $100.00 $200.00 11 12" Gravity Sanitary Sewer 70 LF 70 $160.00 $11,200.0C 12 Sanitary Sewer Fiberglass Manhole 5' Diameter pia, 19' - 21' Depth 1 EA 1 $20,000.00 $20,000.00 13 Tie to Public Sanitary Sewer Manhole Stub Out 1 LS 1 $2,500.00 $2,500.00 14 Dewatering / Well Pointing for Sanitary Sewer Gravity Line Installation 1 LS . 1 31,000.00 $1,000.00 15 Trench Safety 200 LF 200 $15.00 $3,000.00 16 PVC Pressure Pipe - 4" 130 LF 130 $20.00 $2,600.0► 17 Dual Water Service Connection 1 EA i I $2,500.00 $2,500.00 $2,500.01 $2,500.0♦ 18 Connection to Existing 8" Water Pipe 1 LS 19 Crushed Limestone on Landscape Fabric - 6" 1 LS 1 $ 10,000.00 $10,000.00 20 Reinforced Concrete Pavement - 5" 208 SY 208 $130.00 $27,040.00 21 HMAC Pavement Repair for Street Improvements 7 _SY 7 $275.00 $1,925.00 22 Cantilever Gate with Card Reader 1 _ LS I $32,000.00 $32,000.00 23 Concrete Masonry Wall with Footing 197 LF 197 $500.00 $98,500.00 24 SCADA RTU Panel for Two Pump Lift Station w/ Flow by Rabelais Instrument & Electrical 1 -- LS 1 $35,000.00 • ... $35,000.00 -..- -- — Constructors Page 1 of 2 —1 1 3— Title: Zahn Road Lift Station & Force Main NEI #:7818 Page 2 of 2 —114— Force Main TEEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT _ PRICE TOTAL COST 25 Reinforced Filter Fabric Fence 4,605 LF 4,605 $2 .00 $9 1210.00 26 Straw Bale Fence (Force Main) 1 LS 1 $200.00 $200.00 27 4" PVC AWWA C900- DR18- 150psi Force Main 7,124 LF 7,124 $18.00 8128,232.00 $7,000.00 $5,200.006 28 4" HDPE - I5Opsi Force Main 1,400 LF 1,400 $5.00 29 4" PVC AWWA C907 ClassI50 Fittings 13 EA 13 $400.00 30 4" Air Release Valve 3 EA 3 $4,000.00 $12,000.00 31 6" PVC AWWA C900- DR18- 150psi Force Main 7,124 LF 7,124 $2100 8149,604.02 $12600.00 32 6" HDPE - 150psi Force Main 1,400 LF 1,400 89.00 33 6" PVC AWWA C907 Class150 Fittings 13 EA 13 $45000 $5,850.00 34 6" Mr Release Valve 3 EA 3 $4,000.00 $12,000.00 $10,000.00 35 Packery Channel Casing Connection 2 EA 2 $5,000.00 36 8" HDPE - I50psi Pipe "A" 1,400 LF 1,400 816.00 $22,40009 $22,400.0 $2,800.0 37 8" HDPE - I50psi Pipe "B" 1,400 LF 1,400 $16,00 38 2" HDPE - 150psi Pipe "D" 1,400 LF 1,400 82.00 39 Packery Channel Bundling 1 LS 1 $200,000.00 8200,000.00 $6,900.0 40 HMAC Pavement Repair for Street Improvements 69 SY 69 $100.00 41 Driveway Repair for Force Main 66 SY 66 $140.00 $9,240.0C 42 Force Main Markers 27 EA 27 $150.00 $4,0500C 43 Connection to Existing Manhole 1 LS 1 $2,700.00 $2,700.0 44 Anti - Flotation Devices 1 LS 1 $800.00 $800.0 41 installation Dewatering / Well Pointing for Force Main 1 LS _ 1 8500.00 $500.OG Easement Acquisition ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 42 Texas General Land Office - Lift Station 1 LS 1 $105,050.00 8105,050.0C 43 Texas General Land Office - Force Main 1 LS 1 8125,050.00 $125,050.0C 44 Private Landowner - Force Main 1 _ LS 1 _ $150,000.00 8150,000.00 iscellaneous ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 45 AEP Electrical Requirements 1 LS 1 850,000.00 $50,000.00 'rofessional Services ITEM NO. DESCRIPTION QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL COST 46 Engineering (7.5%ofConsfruction C04) 1 LS 100% $125,000.78 $125,000.78 47 Topographic Survey (2.094 ofConstruction Cost) 1 LS 100% $33,333.54 833,333.54 48 Construction Administration 1 LS 100% $16,666.77 $16,666.7 49 Testing (Geotechntcal# 1 LS 100% $16,666.77 $16,666.7' 50 Storm Water Pollution Prevention Plan (SWPPP) 1 LS 100% $7,500.00 $7,500.0 5I Traffic Control Plan (TCP) 1 LS 100© $5,000.00 $5,000.0 52 Corps of Engineers Permit 1 _ EA _ 1 $8,000.00 88,000.00 53 Beachfront Construction Certificate 1 EA 1 84,000.00 $4,000.00 54 TxDOT - Uility Permit 2 EA 2 83,000.00 $6 000.00' 55 Easement Acquisition Administration , 1 LS 100% $11,403.00 $10,500.00 811,403.00 $10,500.00 55 ROW Surveying, Parcel Descriptions, & Maps 1 LS 100% 56 Project Contingency 5% 100% $117,042.39 8117.042.39 Page 2 of 2 —114— MOTION 03/31/09 �j (�Q ��n A F�UU cis fry •. ,, m; 4 DV GOtii,01. 7. Motion approving the Sanitary Sewer Trunk Fo ce?.T,Mairi, gnd `Lift Station Construction and Reimbursement Agreement submitted by The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision for the installation of Zahn Road Master Plan Lift Station with eight -foot diameter wet well, 8,376- linear feet of a four -inch and six -inch PVC dual force main, and related appurtenances; at a cost not to exceed $2,457,890.25. ATTEST: Armando Chapa, My Secretary M2009 -078 eniy Gar ett, ayor City of Corpus Christi Page 1 of 2 AN ORDINANCE APPROPRIATING $314,000.00 FROM THE SANITARY SEWER TRUNK SEEM TRUST .UND. NQ_640450 -21800 -4220 �O ply THE PRESERVE AT MUSTANG ISLAND, LLC, FOR THE CONSTRUCTION AND INSTALLATION OF A MASTER PLAN LIFT STATION WITH 8- FOOT DIAMETER WET WELL, 8,376 LINEAR FEET OF A 4 -INCH AND 6 -INCH PVC DUAL FORCE MAIN, AND RELATED APPURTENANCES, LOCATED EAST OF STATE HIGHWAY 361, SOUTH OF ZAHN ROAD; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $514,000.00 is appropriated from the Sanitary Sewer Trunk System Trust Fund No. 540450 -21800 -4220 to pay The Preserve at Mustang Island, LLC, for completion of the construction and installation of a Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road, as in accordance with the Sanitary Sewer Trunk Force Main and Lift Station Construction Reimbursement Agreement approved by Council on the 31st day of March, 2009 (M2009 -078); SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of December, 2010. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED as to form: December i/ 2010 Deborah Walther Assistant City Attorney For City Attorney H:1 LEG- DIR\Shared1LEGAL- DEV.SVCS12010 Agenda112- 14- 101Mustang island Lift Station\ORD- Approp- PreserveatMustanglslandMasterPlanLittStation .DWB12- 2- 10.docx —116— Page 2 of 2 Corpus Christi, Texas Day of ,2010. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Ellzondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1LEG- DiRkShared \LEGAL- DEV.SVCS12010 Agenda11 2- 1 4-1 01Mustang Island Lift Station \ORD- Approp- PreserveatMustang IslandMasterPianLiftStation. DW B12- 2- 10.docx —117— 10 ■•■•■•■••■•■■■■•=mo • crry COUNCIL AGENDA MEMORANDUM City Council Action Date December 14, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to accept a grant from the Texas General Land Office's Clasa Management Program in the amount of $24,149 for costs associated with preparation oftheCity's required Coastal Erosion Response Plan, withadity match Of $16,160 in in kind serviees, includin g $9,900 in contractual services, and a total project costs of $40,315. B. Ordinance appropriating reimbursements of up to $24,149 froth the Texas General Land Office's Coastal Management Program in the No 1071 Community Enrichments Grants fund for preparation of the City's Coastal Erosion Response Plan; and declaring an emergency. ISSUE: The Texas General Land Office (014) has adopted a rule specifying that local goyernments must forward a recommended/adopted Erosion Response Plan (ERP),to the GLO by July 11, 2011. The ERP, reqpirement is in response to amendments to the Texas Natural Resources Codepasseci by the .81St Legislature . which make Erosion Response Plans a ",required element in consideration for award of funds for Coastal Erosion Planning.and Response Act (CEPRA) Projects by the Commissioner." A grant is .available from the Texas General Land Office (GLO) to assist in costs associated with the creation oftbecity$requitedErosiOn. Response Plan. 11,02U/Ii,E0 COUNCIL ACTION: Approval. PREVIOUS COUNCIL ACTION (RESOLUTION NO.02822-7): Resip authorig the City Manager; or designee, to submit a grant application to the Texas General Land Office in the amount of $24,149 for-coSts associated with the preparation ()flip. City's required Erosion Respnse Plan, with a City snatch of $16, 166 in in-kind services, and a total project costs of $40, 315. CONCLUSION AND RECOMMENDATION: Approval of the resolution and ordinance tO authorize the City Manager to execute contract with the GLO and appropriate the grant funds to a designated City fond. Juan Perales, Jr. -.E. Assistant City Manager, Departments of Engineering and Development Services Email-. johnnyp@cctexas.eom Phone: 361-826-3828 Attachments: Exhibit A: Exhibit B: Exhibit C: Background Information GLO Work Plan and Timeline GLO Contract No. 11-101-000-4634 BACKGROUND INFORMATION On November 9, 2010, City Council approved a resolution to pursue a GLO grant for the purpose of partially funding an Erosion Response Plan (ERP). The (ERP) is a requirement for consideration for awarding of funds for Coastal Erosion Planning and Response Act (CEPRA) projects. The Texas General Land Office (GLO) has provided a work plan and staff have compiled a budget for a $40,315 dollar project with GLO providing a $24,149 grant and the city providing a $16,166 in -kind match. Staff in -kind match will include mapping, research, writing the plan and any other tasks necessary for developing and adopting a city plan. This grant agreement is structured to reimburse the City for ERP preparation costs above the required in -kind match. An essential element that must be included in the erosion response plan will be a building setback to prevent construction within the foredune ridge on Mustang and Padre Islands. The setback would prohibit most development (dwellings, commercial buildings, etc.) from being permitted for construction in the dunes. The purpose of the setback is to minimize the degree of public expenditure that will be required for mitigation of continuing erosion, as well as the losses from storm damage to public and private property. It also will provide additional protection to the island dune system. The City is required to prepare the ERP within its jurisdiction and for the Gulf beaches in Kleberg County north of the Padre Island National Seashore (PINS) as Kleberg County has delegated Dune Protection to the City. Since Nueces County has retained dune permitting authority within the City, the County is also preparing an Erosion Response Plan. As part of the grant budget, some contractual work is proposed. The GLO's proposed work program Task 1 requires the City to review the Bureau of Economic Geology's 50 year erosion rates (2004) for consistency with the most recent natural or manmade beach erosion trends. If the City finds that the BEG's erosion rates are not consistent with recent observations, then the City may propose a different erosion rate. Evaluation of the erosion rates will be based on scientific review of existing studies in coordination with the GLO. Public beach access must also be addressed in the Erosion Response Plan (ERP). The City has Beachfront Construction authority inside city limits and in Kleberg County north of PINS. Beachfront Construction authority requires the City to issue a Beachfront Construction Certificate for all new construction located landward of the mean high tide to the first public road or 1,000 feet inland, whichever is greater. Generally, the area of authority is between mean high tide and State Highway 361 on Mustang Island and mean high tide and Park Road 22 on North Padre Island. The purpose of the Beachfront Construction Certificate is to protect the public's right of access along and to the gulf beach. EXHIBIT A —1 2 2— GLO Work Plan and Timeline Entity: City of Corpus Christi Project Name: City of Corpus Christi Erosion Response Plan Contract Number: 11 -101- 000 -4634 Project Description: The Texas General Land Office (GLO) will establish guidelines in 2010 for the development of local Erosion Response PIans (ERPs) that incorporate a building set -back line. The guidelines for ERPs will include provisions for prohibition of building habitable structures seaward of the building set -back line, exemptions for certain construction seaward of the set -back line, stricter construction requirements for exempted construction, improvements to and protection of public beach access points and dunes from storm damage, and procedures for adoption of the plans. While adoption of these plans by local governments is voluntary, implementation of the plans is a consideration for award of funds for Coastal Erosion Planning and Response Act (CEPRA) Projects by the GLO Commissioner. Therefore, the City wants to take a proactive approach and begin the development of a City's ERP to be attached as an Amendment to the existing City's Beach Access and Dune Protection Plan. The following tasks will be performed in the formulation of the ERP: 1. Development of the Set -Back Line (SBL) 2. Identification of Opportunities for Mitigation 3. Erosion Response Plan Development 4. Public Outreach Some of these tasks are specific requirements of the GLO guidelines for development of ERPs, and other tasks will be required to create a comprehensive, yet focused, erosion response plan. Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. CMP and NOAA logos, including appropriate acknowledgment statement, must be printed on education/outreach materials, signs, and final reports and/or publications. Task 1 Description:. Development of the Set -Back Line (SBL) Under this task a SBL will be developed based on the erosion rates, line of vegetation (LOV), and dune protection line (DPL). The following sub -tasks will be addressed in the development of the SBL. Sub -Task, Erosion Rates for the City of Corpus Christi The Texas Bureau of Economic Geology (BEG) erosion rate maps for the City will be collected and reviewed for consistency with the most recent erosional trends caused by natural and anthropogenic events, such as hurricanes and improvements to the Packery Channel. If BEG Page 1 of 5 --123— EXHIBIT 13 erosion rates are found not to reflect recent morphological changes of the City and Kleberg County Gulf shorelines north of Padre Island National Seashore (PINS), the most recent historical aerial photography will be acquired, rectified, and used to compute new erosion rates. Coordination with the GLO will be required during the process of evaluating and updating erosion rates for the county in order to ensure that the correct erosion rate is properly implemented in the delineation of a SBL. For example, a decision must be made whether the most recent 5 -year erosion rate or the average erosion rate over the last 50 years is to be used in the SBL determination. This coordination with the GLO will be an important factor in the delineation of the SBL. Sub -Task, Line of Vegetation The Line of Vegetation (LOV) must first be determined, as the SBL is measured landward starting from the LOV. The delineation of the LOV will be done in coordination with the GLO and in accordance with GLO rules to be issued in 2010; the LOV will not be considered final until approved by the GLO and local communities. GLO maps delineating the LOV will be used as a starting point. Where the LOV has not been previously delineated, an attempt will be made to establish its Iocation in coordination with the GLO and local communities. The LOV will be delineated on the most recent rectified aerial photography to verify that the derived LOV applies to the current condition of the beach and dune system. The GLO may require that the LOV be ground - truthed through surveying; this survey may not be required along the entire length of shoreline for the City or Kleberg County. The cost to survey the LOV, if required by the GLO, is not included in this task. Sub -Task, Dune Protection Line The SBL may not be located landward of the Dune Protection Line (DPL). Therefore, the existing delineation of the DPL will be collected and evaluated for accuracy. Results of this review will be coordinated with Nueces County and the GLO to determine concurrence by all parties. No surveying will be executed to ground -truth this line; however, its location will be checked for accuracy with the most recent rectified aerial photography. Sub -Task, Set -Back Line The SBL will be determined using new GLO rules and guidelines, by taking into account the appropriate historical erosion rates and allowing for shoreline retreat. As directed by the enacting legislation, a primary goal will be to minimize the degree of public expenditure that will be required for mitigation of continuing erosion, as well as the losses from storm damage to public and private property. Deliverable(s)/Milestone(s): 1. Hard copies of maps in 11" x 17" format will be developed for the City's coastline, showing the erosion rate, LOV, DPL, and SBL. 2. The maps will also be provided digitally in ArcMap format, either on CD, or electronically via email or FTP site. Deliverable Due Date(s): 1/31/2011 Page 2 of 5 —124— EXHIBIT B Task 2 Description: Identification of Opportunities for Mitigation Mitigation opportunities will be identified for the City and portions of Kleberg County shorelines. Opportunities for mitigation may address the restoration, protection, and enhancement of the dune system, beach access points, and the beach access infrastructure. Sub -Task, Beach Access, Dunes, and Infrastructure Procedures to preserve, restore, and enhance sand dunes for natural storm protection and conservation purposes will be developed in coordination with the City and GLO. These procedures will identify specific goals and implementation schedules, as funding becomes available, to protect and enhance dunes so that they provide protection against storm surge, where possible. A condition assessment of existing dime systems along the Gulf of Mexico shorelines in City and portions of Kleberg County will be executed. The condition assessment will identify the healthy, damaged, or non - existent dune systems and will identify opportunities along the shoreline where dune restoration may be implemented to restore this natural resource and/or enhance storm damage protection. Recommendations of procedures to preserve access to and use of the public beach and to prevent losses due to erosion and storm damage will be made. An assessment of public access areas will be performed to identity all beach access points along the Nueces and Kleberg County shorelines. The assessment will also identify which of the beach access points need to be enhanced, protected, or restored. A list of goals and opportunities for protecting beach access points against damage from storms and erosion will be developed. At each access point in need of protection or enhancement, a protection and/or enhancement configuration will be identified and a schedule of implementation will be developed, to be executed as funding for the protection/enhancement becomes available. Sub -Task, Prioritization of Mitigation Opportunities Beach access points, dunes, and infrastructure in need of restoration, protection, or enhancement will be listed and ranked according to prioritization criteria identified and developed by the County. Once the needs are prioritized, a schedule for project implementation will be developed, based on the anticipated availability of funding. Deliverable(s)/Milestone(s): 1. A detailed report will be issued in both hard copy and electronic pdf formats to include: a) Condition assessments of dune systems in City and portions of Kleberg County, b) Condition assessments of beach access points, with recommendations for those needing specific protection or restoration measures, and a general description of the recommended measures, and c) Prioritized list of the mitigation opportunities with general design approach and estimated costs assigned to each, so that individual items can be addressed as funding becomes available. Deliverable Due Date(s): 3/31/2011 Page 3 of 5 —125— EXHIBIT B Task 3 Description: Erosion Response Plan Development An Erosion Response Plan (ERP) document will be developed. The plan will identify the erosion rates to be used in establishing the SBL. The GLO rules will be used as guidance on how best to allow for shoreline retreat in determining the SBL from the LOV and DPL. The ERP will be developed in a form that can be incorporated as an amendment to the City's beach access and dune protection plan. Once the City Council has formally approved the ERP, it will be submitted to the GLO for review and approval as a dune protection and beach access plan amendment to be given final approval by the GLO. Deliverable(s)/Milestone(s): A completed Erosion Response Plan that can be incorporated as an amendment to the City's dune protection and beach access plan, with all of the elements required by the GLO ERP rules\. Deliverable Due Date(s): 5/31/2011 Task 4 Description: Public Outreach Public education meetings on the ERP will be held in the City before implementation of the plan, with meetings to be advertised in the same manner as required for public hearings required to establish a new DPL. Presentations at the meetings will summarize the collected data on erosion rates and LOV and DPL delineations, and provide an explanation of the process for determining the SBL and other elements of the ERP. Public comment together with input from the GLO and the City staff will be integrated as necessary and used to refine the plan before it is brought to a formal hearing before the City's City Council, and its incorporation as an amendment to the City's dune protection and beach access plan. Deliverable(s)/Milestone(s): Presentations at public meetings in the City of the collected coastal data and new SBL profile for the City with explanation of the new rules and procedures to be adopted as part of the Erosion Response Plan. Deliverable Due Date(s): 8/31/2011 Page 4 of 5 —12 6— EXHIBIT B la ! _T I—. 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F1�'❑'oca —127— 1 'o Q Q U f0 d SUBRECIPIENT GRANT AGREEMENT GLO CONTRACT No. 11-101-000-4634 COASTAL MANAGEMENT PROGRAM — CYCLE 13 This subrecipient grant agreement. (the "Contract ") is entered into by and between the General Land Office (the "GLO "), a State agency, and the CrrY OF CORPUS CHRISTI, TEXAS ( "Subrecipient "). FINANCIAL ASSISTANCE Subrecipient has applied for Texas Coastal Management Program ( "CMP ") Cycle 13 grant funds, to be made available to the State of Texas by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration ( "NOAA "), pursuant to the Federal Coastal Zone Management Act of 1972, 16 U.S.C. §1451, et seq., NOAA Award No. NA08NOS4190458 (the "Grant "). The Grant funds are limited to use for implementation of a coastal zone management project (the "Project ") under the CMP, administered by the GLO (as Coastal Zone Management Awards, CFDA #11.419) pursuant to Texas Natural Resources Code Ann. Sections 33.052 and 33.204, in coordination with the Coastal Coordination Council. ARTICLE 1. GENERAL PROVISIONS 1.01 PURPOSE The purpose of this Contract is to set forth the terms and conditions of a Subgrant from the GLO to the Subrecipient under CMP Cycle 13. 1.02 CONTRACT DOCUMENTS The GLO and Subrecipient hereby agree that this document and the following Attachments, which are incorporated herein in their entirety for all purposes, shall govern this Contract: ATTACHMENT A: Project Work Plan and Budget ATTACHMENT A -1: Final, Actual Budget (To be Submitted) ATTACHMENT B: CMP Supplemental Terms and Conditions ATTACHMENT C: Federal Assurances — Non- Construction (SF- 424B); Certification Regarding Lobbying Lower Tier Covered Transactions (Form CD- 512); and Disclosure of Lobbying Activities Form (SF LLL) ATTACHMENT D: General Affirmations GLO Contract No. 11401=000-4634 Page 1 of 15 —128— ATTACHMENT E: Sample Additional Required Forms: Progress Report Form; Invoice for Federal Expenditures; Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; Budget Amendment Form; Audit Reporting Form; and Historically Underutilized Businesses (HUB) Expense Report Form Local Match Expenditure Forms: Monthly Grant Project Equipment Sheet; Monthly Grant Project Timesheet; and Volunteer Timesheet ATTACHMENT F: Grant Closeout Form 1.03 DEFINITIONS "Administrative and Audit Regulations" means the regulations included in Title 43, Code of Federal Regulations, Part 12, Chapter 321 of the Texas Government Code; Subchapter F of Chapter 2155 of the Texas Government Code, and any other federal or state regulation applicable to the administration and audit of this Contract and the activities authorized by it. "Budget" means the budget for the Project funded by the Contract, a copy of which is included in Attachment A. "CMP Rules" means the rules set forth in Chapters 501 through 506 of . Title 31 of the Texas Administrative Code for the Texas Coastal Management Program, authorized by statute in Chapter 33, Subchapter C of the Texas Natural Resources Code. "Compliant Format" means the format for electronically stored information that complies with the standards set forth in Section 2.4 of Attachment B. "Deliverable(s)" means the work product(s) required to be submitted to the GLO as set forth in the Work Plan. "Equipment" means tangible personal property have a useful life of more than one (1) year and an acquisition cost of FIVE THOUSAND DOLLARS ($5,000.00) or more per unit. "Event of Default" means the occurrence of any of the events set forth in Section 8.01 herein. "Federal Assurances and Certifications" means federal (i) Standard Form 424B (Rev. 7- 97); and Form CD -512 (Rev. 12 -04), in Attachment C, which must be executed by Subrecipient. "Final Report" means a written report that must be received by the GLO upon completion of the Work Plan, as set forth in Section 4.02 herein. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "GAAP" means "generally accepted accounting principles" as applicable. "GASB" means accounting principals as defined by the Governmental Accounting Standards Board. GLO Contract No. 11-101-000-4634 Page 2 of 15 —12 9— "General Affirmations" means the affirmations in Attachment D, attached hereto and incorporated herein for all purposes, to which Subrecipient certifies by the signing of this Contract. "Grant Administrator" means the GLO staff member responsible for administering the Grant, Melissa Porter, GLO Coastal Resources Division (512.475.1393 or Melissa.porter@glo.state.tx.us) or her designee. "HUB" means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code. "Mentor Protege" means the Comptroller of Public Accounts' leadership program f ound at: http: /lwww.window.state.tx.us/ procurement /proglhub /mentorprotege /. "Plans" mean the engineering specifications, construction plans, and/or architectural plans for the construction of improvements approved by the GLO for the Project, if any. "Progress: Reports" means written progress reports that must be received by the GLO monthly or quarterly, as set forth in Section 4.02 herein. "Project" means the activities involved in "City of Corpus Christi Erosion Response Plan," described in Section 2.01, and detailed in the Work Plan in Attachment A of this Contract. "Prompt Pay Act" means Chapter 2251, Subtitle F of Title 10 of the Texas Government Code. "Public Information Act" means Chapter 552 of the Texas Government Code. "State of Texas Textravel" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Subgrant" means the pass - through grant funds received through the Grant and approved for use by Subrecipient in accordance with the terms of this Contract. "Subrecipient" means the City of Corpus Christi, selected to accomplish the Project under this Contract. "Subcontractor" means an individual or business that signs a contract to perform part or all of the obligations of Subrecipient under this Contract. "Work Plan" means the statement of work and special conditions, if any, contained in Attachment A. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11 -101- 000 -4634 Page 3 of 15 —130 -- 1.04 INTERPRETIVE PROVISIONS (a) (b) (c) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, attachment, work order, or schedule of this Contract unless otherwise specified; The term "including" is not limiting, and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendments and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; All attachments within this Contract, including those incorporated by reference, and any amendments, are considered part of the terms ofthis Contract; This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deemed modified by the phrase "in its /their sole discretion." Notwithstanding the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; All due dates and /or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (j) Time is of the essence in this Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11 -1.01 -000 -4634 Page 4 of 15 —131— ARTICLE 2. CMP SUBGRANT AWARD AND SCOPE OF PROJECT 2.01 CMP GRANT AWARD Subrecipient submitted an application for Subgrant funds under CMP Cycle 13. The Coastal Coordination Council has approved the Subgrant Award to Recipient based on Subrecipient's application. Subject to the terms and conditions of this Contract, the GLO agrees to make a Subgrant to Subrecipient in an amount not to exceed TWENTY -FOUR THOUSAND ONE HUNDRED FORTY -NENE DOLLARS ($24,149.00), payable in installments as reimbursement of allowable expenses incurred by Subrecipient, to be used in strict conformance with the Budget in Attachment A hereto. Subrecipient shall contribute SIXTEEN THOUSAND ONE HUNDRED SIXTY -SIX DOLLARS ($16,166.00) in matching funds or in -kind services, for a total amount not to exceed FORTY THOUSAND THREE HUNDRED FIFTEEN DOLLARS ($40,315.00) for the duration of the Contract. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture, and to be reimbursed for, any payments made by the. GLO under this Contract that Subrecipient has not used in strict accordance with the terms and conditions of this Contract and the Grant Award Agreement. THIS RECAPTURE PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. THE GLO IS NOT LIABLE TO SUBRECIPIENT FOR ANY COSTS INCURRED BY SUBRECIPIENT BEFORE THE EFFECTIVE DATE OF THIS CONTRACT OR AFTER TERMINATION OF THIS CONTRACT. 2.02 PROJECT AND WORK PLAN The Project shall be performed in accordance with the Work Plan and Budget in Attachment A; the Supplemental Terms and Conditions in Attachment B; the Federal Assurances and Certifications in Attachment C; and the General Affirmations in Attachment D. The Work Plan or the scope of the Project may be amended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient. Some modifications may require the approval of NOAA, which may cause significant delays. ANY COSTS INCURRED WHILE WAITING FOR APPROVAL OF THE REQUESTED CHANGES ARE THE RESPONSIBILITY OF SUBRECIPIENT. THE GRANT ADMINISTRATOR WILL INFORM SUBRECIPIENT IF THE REQUEST IS APPROVED. 2.03 REAL ESTATE IMPROVEMENTS AND LAND ACQUISITION REQUIREMENTS If applicable, Subrecipient should ensure compliance with Supplement Article 4, Special Conditions Applicable to Real Estate Improvements and Land Acquisitions, in Attachment B. GLO Contract No. 11-101.000-4634 Page 5 of 15 —132— ARTICLE 3. TERM 3.01 DURATION AND EXTENSION OF TERM (a) This Contract shall be effective as of November 10, 2010, and shall terminate upon completion of the Project or on March 31, 2012, whichever is earlier. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO may extend this Contract for a period not to exceed three (3) months. Any request for extension must be received by the GLO at least forty -five (45) days before the Contract's original termination date. (b) HOWEVER, NOTWITHSTANDING THE PRECEDING SECTION 3.01(a), NO WORK MAY BEGIN AND NO COSTS WILL BE REIMBURSED FOR WORK UNDERTAKEN PRIOR TO OCTOBER 1, 2010. 3.02 EARLY TERMINATION The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. Upon receipt of any such notice, Subrecipient shall cease work, undertake to terminate any relevant subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-101-000-4634 Page 6 of 15 -133- ARTICLE 4. GRANT ADMINISTRATION 4.01 SUBMISSIONS Except for legal notices that must be sent by specific instructions under Section 9.07 below, any written report, form, or request required to be submitted to the Grant Administrator under this Contract shall be sent in Compliant Format via email to the following email address: http : / /www.dlo.state.tx.us /caastaU ,rants /subrecinient.html 4.02 PROGRESS REPORTS Subrecipient shall submit monthly progress reports and a Final Report, as required in the Work Plan, in Compliant Format to the Grant Administrator at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. 4.03 DELIVERABLES Subrecipient shall submit each of the Deliverables, as required in the Work Plan, in Compliant Format to the Grant Administrator at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. The GLO may require Subrecipient to conform any data presentation or products funded under this Contract to reflect GLO comments. Deliverable due dates may be amended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient. Modifications may require the approval of NOAA, which may cause significant delays. THE GRANT ADMINISTRATOR WILL INFORM SUBRECIPIENT IF THE REQUEST IS APPROVED. 4.04 REIMBURSEMENT REQUESTS Subrecipient shall submit requests for reimbursement for costs allowed under this Contract at the time and in the manner prescribed in Supplement Article 1, Grant Administration, in Attachment B. Subrecipient may not charge "other operating costs" (Le., administrative costs, computer usage fees, etc.) in addition to indirect costs, if such costs are already included in the calculation to determine Subrecipient's indirect cost rate. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11 -101- 000 -4634 P.agrg 4U5 ARTICLE 5. STATE FUNDING 5.01 STATE FUNDING This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Texas Constitution, Article III, Section 49. In compliance with Texas Constitution, Article VIII, Section 6, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11 -101 -000 -4634 Pagl $,o, 15 ARTICLE 6. INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) The parties to this Contract expressly agree that all right, title, and interest in, and to, all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract shall be jointly owned by the parties with each party having the right to use, reproduce, or publish any or all of such information and other materials without the necessity of obtaining permission from the other party and without expense or charge. (b) The United States Government is granted a royalty free, non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information 6.02 NONENDORSEMENT BY THE STATE AND THE UNITED STATES Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) that states or implies State of Texas or U.S. Government, or government employee, endorsement of a product, service, or position that the Subrecipient represents. No release of information relating to this Grant may state or imply that the State of Texas or the U.S. Government approves of Subrecipient's work products, or considers Subrecipient' s work product to be superior to other products or services. 6.03 PUBLICATION DISCLAIMERS REQUIRED The specific acknowledgements and funding statements that must be included in certain publications funded by the Subrecipient are set forth in Article 3 of Attachment B. 6.04 SURVIVAL THE PROVISIONS OF THIS ARTICLE 6 SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS CONTRACT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11-101-000-4634 P-age3 61.15 ARTICLE 7. RECORDS / AUDITS / RETENTION / PUBLIC RECORDS 7.01 BOOKS AND RECORDS AND AUDITS Subrecipient shall keep and maintain full, true, and complete records in accordance with GAAP or GASB, whichever is applicable, necessary to fully disclose to the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. 7.02 PERIOD OF RETENTION Subrecipient shall retain all records relevant to this Contract for a minimum of four (4) years. If any federal funds are used in the Contract, Subrecipient shall retain said records for a minimum of five (5) years. The period of retention begins at the date of payment by the GLO for the goods or services or from the date of termination of the Contract, whichever is later. The period of retention shall be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. 7.03 PUBLIC RECORDS Pursuant to the Public Information Act, records received from Subrecipient may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or excepted from the Act. Subrecipient may clearly label any individual records as a "trade secret," provided that Subrecipient thereby agrees to indemnify and defend the GLO for honoring such designation. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the GLO, the GLO will notify Subrecipient of the request in accordance with the Public Information Act. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11- 101- 000 -4634 Fag, f15 ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES 8.01 EVENTS OF DEFAULT Each of the following events shall constitute an Event of Default under this Contract: (i) Subrecipient's failure to comply with any term, covenant, or provision contained in this Contract; (ii) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (iii) if at any time, Subrecipient makes any representation or warranty that is incorrect in any material respect to the Work Plan, any request for payment submitted to the GLO, or any report submitted to the GLO related to the Contract. 8.02 REMEDIES; No WAIVER Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself of any legal remedy. A right or remedy conferred by this Contract upon either Party is not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing upon the occurrence of an Event of Default. The failure of the GLO either to insist at any time upon the strict observance or performance of any of the provisions of this Contract, or to exercise any right or remedy as provided in this Contract, shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK GLO Contract No. 11 -101- 000 -4634 Pagel 14 8U5 ARTICLE 9. MISCELLANEOUS PROVISIONS 9.01 CONTRACT AMENDMENT Unless otherwise provided herein, any amendment to this Contract must be made by formal Contract amendment, executed by both parties and, if required by federal law, approved by NOAA. 9.02 LEGAL OBLIGATIONS Subrecipient shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient agrees to be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Contract. Subrecipient shall not commence construction of the Project until it has obtained the requisite licenses and/or permits. COPIES OF SUCH LICENSES AND PERMITS SHALL BE INCLUDED AS A PART OF THE PROGRESS REPORT, AS DEFINED IN THIS CONTRACT, FOR THE PERIOD DURING WHICH THEY ARE OBTAINED. 9.03 INDEMNITY As GOVERNMENTAL ENTITIES AND AS REQUIRED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, EACH PARTY UNDERSTANDS THAT THEY ARE LIABLE FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, OR DEATH RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTY. IN THE EVENT THAT THE GLO IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION ARISING OUT OF ALLEGATIONS OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF SUBRECIPIENT, AND FOR WHICH THE GLO IS LIABLE, IF AT ALL, ONLY THROUGH THE VICARIOUS LIABILITY OF SUBRECIPIENT, THEN, IN SUCH EVENT, SUBRECIPIENT AGREES THAT IT WILL PAY, ON BEHALF OF THE GLO, ALL COSTS AND EXPENSES OF LITIGATION (INCLUDING ANY COURT COSTS, REASONABLE ATTORNEYS' FEES, FEES OF ATTORNEYS APPROVED BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL) AS WELL AS ALL AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM, ACTION, OR SUIT, INCLUDING JUDGMENT OR VERDICT, ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT. IN THE EVENT THAT SUBRECIPIENT IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH RESULTING OUT OF THE GLO's ACTIONS OR OMISSIONS, AND SUBRECIPIENT'S SOLE LIABILITY, IF ANY, IS ONLY VICARIOUSLY THROUGH THE GLO, THEN, IN SUCH EVENT, THE GLO AGREES TO PAY ANY AND ALL CLAIMS, DEMANDS, OR LOSSES, INCLUDING EXPENSES OF LITIGATION (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) INCURRED BY SUBRECIPIENT, INCLUDING ANY VERDICTS OR JUDGMENTS OR AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION WITH THIS CONTRACT. ANY ATTORNEYS RETAINED BY SUBRECIPIENT TO REPRESENT GLO Contract No. 11-101-000-4634 Pagel g9 -15 ANY INTEREST OF THE GLO MUST BE APPROVED BY THE GLO AND BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL. ANY ATTORNEYS RETAINED BY THE GLO TO REPRESENT THE INTEREST OF SUBRECIPIENT MUST BE APPROVED BY SUBRECIPIENT. 9.04 ASSIGNMENT AND SUBCONTRACTS (a) Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract not encompassed within the Work Plan without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Subrecipient may subcontract with others for some or all of the services or work to be performed. In no event may Subrecipient delegate or transfer its responsibility for use of the funds under this Contract. (b) In any approved subcontracts, Subrecipient shall legally bind any such subcontractors to perform, and make such subcontractors subject to, all the duties, requirements, and obligations of Subrecipient specified herein. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that that the goods delivered and/or the services rendered by Subrecipient and/or any of its subcontractors comply with all the terms and provisions of this Contract. Subrecipient will provide written notification to the GLO of any such subcontractor performing fifteen percent (15 %) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. (c) The GLO and NOAA shall have the right to initiate communications with any subcontractor, and may request access to any books, documents, papers, and records of a subcontractor directly pertinent to this grant. Such communications may be required to conduct audits and examinations and gather additional information. 9.05 RELATIONSHIP OF THE PARTIES Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract, and, in respect to Subrecipient's performance pursuant to this Contract, Subrecipient shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer- employee or principal - agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Subrecipient or any other party. 9.06 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Subrecipient shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Subrecipient shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. GLO Contract No. 11401- 000 -4634 Page14(I5 9.07 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Room 910 Austin, TX 78701 Attention: Legal Services Division Subrecipient City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Attention: Angel R. Escobar, City Manager Notice given in any other manner shall be deemed effective only if and when received by the party to be notified. Either party may change its address for notice by written notice to the other party as herein provided. 9.08 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 9.09 SEVERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law, this Contract shall be construed as if such provision did not exist and the non - enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 9.10 DISPUTE RESOLUTION If a Contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO Contract No. 11-101-000-4634 Page.11 1f 15 parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion. 9.11 PROPER AUTHORITY Each party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Subrecipient acknowledges that this Contract is effective for the period of time specified in the Contract. Any services performed by Subrecipient before this Contract is effective or after it ceases to be effective are performed at the sole risk of Subrecipient. 9.12 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its integrated attachment(s), and any purchase order issued in conjunction with this Contract constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such attachment(s) and/or purchase order shall be harmonized with this Contract to the extent possible. Unless such integrated attachment or purchase order specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. 9.13 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. If the Contract is not executed by the GLO within thirty (30) days of execution by the other party, this Contract shall be null and void. SIGNATURE PAGE FOLLOWS GLO Contract No. 11-101-000-4634 Pagep4 5 SIGNATURE PAGE FOR GLO CONTRACT No. 11- 101 -000 -4634 GENERAL LAND OFFICE CITY OF CORPUS CHRISTI Larry L. Laine, Chief Clerk/ Deputy Land Commissioner By: Title: Date of execution: Date of execution: A. Div, A.G.C. G.C. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Approved as to form R. •'y °enng rst ssistant Attorney For City Attorney 1 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS GENERAL LAND OFFICE'S COASTAL MANAGEMENT PROGRAM IN THE AMOUNT OF $24,149 FOR COSTS ASSOCIATED WITH PREPARATION OF THE CITY'S REQUIRED COASTAL EROSION RESPONSE PLAN, WITH A CITY MATCH OF $16,166 IN IN -KIND SERVICES AND $9,900 IN CONTRACTUAL SERVICES, AND A TOTAL PROJECT COSTS OF $40,315 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to accept a grant from Texas General Land Office's Coastal Management Program in the amount of $24,149 for costs associated with preparation of the City's required Coastal Erosion Response Plan. The City match for this grant is $16,166 in in -kind and $9,900 in contractual services, and the total project costs of $40,315. SECTION 2. The City Manager, or designee, may reject, alter the terms of, or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 30th day of November, 2010. R. Ja'y ining First Assistant City Attorney For City Attorney TGLO coastal erosion grant accept res — 11302010.doc —144— Corpus Christi, Texas of ,2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet.doc —145— 1 Page 1 of 2 ORDINANCE APPROPRIATING REIMBURSEMENTS OF UP TO $24,149 FROM THE TEXAS GENERAL LAND OFFICE'S COASTAL MANAGEMENT PROGRAM IN THE NO. 1071 COMMUNITY ENRICHMENTS GRANTS FUND FOR PREPARATION OF THE CITY'S COASTAL EROSION RESPONSE PLAN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That reimbursements of up to $24,149 from the Texas General Land Office's Coastal Management Program are appropriated in the No. 1071 Community Enrichment Grants Fund for the preparation of the City's Coastal Erosion Response Plan. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: December 1, 2010 R. 1y mining First Assistant City Attorney For City Attorney TGLO coastal erosion grant approp ord — 12012010 —146— Page 2 of 2 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter ruse and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong TGLO coastal erosion grant approp ord -- 12012010 —147— 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/14/10 AGENDA ITEM: A) Resolution authorizing the City Manager, or designee, to accept a grant from the Texas Commission on Environmental Quality in the amount of $516, 329.26 for air quality planning. B) Ordinance appropriating $516, 329.26 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning activities; and declaring an emergency. C) Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with University of North Texas in the amount of $259,000 for the "Corpus Christi Ozone Near Non - attainment area Assessment and Planning study" as required by the City's Rider 8 Air Quality planning grant from the Texas Commission on Environmental Quality. D) Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Texas A &M University- Corpus Christi in the amount of $200,000 for the Pollution Prevention Partnership, maintaining a public website with air quality information and technical and outreach efforts undertaken by the partnership, implementing the auto check vehicles emission reduction program, and public outreach projects, as required by the City's Rider 8 Air Quality planning grant from the Texas Commission on Environmental Quality. ISSUE: The City of Corpus Christi has served as the administrator for state funded air quality grants since the mid- 1990s. The attached TCEQ grant contract No. 582 -11 -11223 will provide funds to continue to conduct air quality monitoring, modeling and outreach educational programs in the Nueces and San Patricio areas. REQUIRED COUNCIL ACTION: Approval of three resolutions, for agreement execution and approval of ordinance to amend FY 2010 -2011 budget and appropriate grant funds PREVIOUS COUNCIL ACTION: Resolution No. 027501 Council approved the resolution authorizing the City Manager to execute TCEQ grant 582 -8 -86230 for a total of $884,600 on November 20, 2007. Ordinance No. 027502 - Council appropriated $884,600 from the TCEQ grant 582 -8 -86230 on November 20, 2007. Multiple funding amendments have been approved to increase funding and extend expiration dates for TCEQ grant 582 -8 -86230 until December 15, 2010. CONCLUSION AND RECOMMENDATION: Staff recommends the..,approval ordinance as presented. e resolutions and P- ? gy L. S er CHMM, CFM Environmental Services Director PeggyS @cctexas.com --1 51 -826 -1868 Attachments 1. Resolution for TCEQ Contract No. 582 -11 -11223 2. Ordinance to appropriate TCEQ funds 3. TCEQ Contract No. 582 -11 -11223 4. Resolution for TAMU -CC Interlocal Agreement 5. Interlocal Agreement with Texas A &M — Corpus Christi 6. Resolution for UNT Interlocal Agreement 7. Interlocal Agreement with University of North Texas BACKGROUND INFORMATION The TCEQ is providing grant funding to Texas cities nearing non - attainment of the National Ambient Air Quality Standards (NAAQS) for ozone. TCEQ contract No. 582 -11 -11223 provides $516,329.26 of reimbursable funding to the City of Corpus Christi for air quality planning, monitoring, modeling and outreach. The TCEQ contract terminates August 31, 2011. Texas A &M — Corpus Christi will subcontract to conduct planning, education and outreach activities and will have $200,000 available. Dr. Kuruvilla John, originally with Texas A &M - KingsvilIe, joined the University of North Texas, but will continue to provide the technical expertise for monitoring and modeling. The UNT interlocal agreement totals $259,000. The City of Corpus Christi serves as the prime contractor with TCEQ and uses the remaining $57,329.26 to administer the contract including the work plan requirements are met through interlocal agreements, and applying for reimbursements for funds expended. HISTORICAL BACKGROUND The state funding program began in F/Y 1996/1997 under an Appropriations Rider (Rider 26) and execution of a Flexible Attainment Region Agreement between the U.S. Environmental Protection Agency (EPA), TCEQ, and the City. Approximately every two years, the state has provided grant funding for air quality purposes to the City. Rider No. 8 funding was provided to the 2008/2009 TCEQ budget which has funded the City's current agreement with the state, contract No. 582 -8- 86230. The term of this agreement has been administratively extended and will terminate on December 15, 2010. SELECTED PRIOR COUNCIL ACTION 1. February 10, 1998- Motion No. 023208 authorizing the City Manager, or his designee, to execute a Rider 17 Interlocal Contract with the TNRCC in the amount of $283,750 for Air Quality Planning Activities in Nueces and San Patricio Counties. 2. April 28, 1998- Ordinance No. 023298 appropriating $283,750 in the No. 1050 Federal /State Frants Fund for Air Quality Planning Activities in Nueces and San Patricio Counties, 3. April 28, 1998- Ordinance No. 023299 authorizing the City Manager, or his designee, to execute an Iterlocal Agreement with Texas A &M University Corpus Christi in the amount of $70,000 for Air Quality Planning Activities in Nueces and San Patricio Counties. 4. May 11, 1999- Ordinance No. 023634 appropriating $167,000 in supplemental funding from TNRCC to continue research and outreach activities through Texas A &M University Kingsville and Corpus Christi to address issues related to attainment with the Federal ozone and particulate standards. 5. March 28, 2000- Ordinance No. 023989 appropriating $30,000of Appropriation Rider 13 grant funds from the TNRCC for work plan development of air quality research and planning projects and motions authorizing the City Manager or his designee to execute contracts with Texas A &M University at Corpus Christi and Kingsville to produce those work plans. 6. August 22, 2000- Ordinance No. 024170 appropriating $465,075 of Appropriation Rider 13 grant funds from the TNRCC for work plan development of air quality research and planning projects and motions authorizing the City Manager or his designee to execute contracts with Texas A &M University at Corpus Christi and Kingsville addressing issues related to attainment of the Federal ozone and particulate standards. -153- 7. July 17, 2001- Ordinance No. 024498 appropriating $161,000 in additional Rider 13 funding for FY 2000/2001 for continuation of the Air Quality Research and planning projects underway with Texas A &M University Corpus Christi and Texas A &M University Kingsville, and extending the contract period to August 31, 2002. 8. August 15,_ 2001- A Resolution No. 024537 authorizing the City Manager or his designee, to execute a state funded grant agreement with the TNRCC in the amount of $884,000 for Air Quality Planning Activities. 9. August 15, 2001- Ordinance No. 024538 appropriating $884,000 from the TNRCC in the No. 1050 Federal/ State Grants fund for Air Quality Planning Activities. 10. May 9,2007- Ordinance No. 027259 appropriating $21,671.76 in interest accrued on an advance payment on a Grant from the Texas Commission on Environmental Quality, Deposited in the No. 1071, Community Enrichment Fund, for Air Quality Research and Planning. -154- RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE AMOUNT OF $516,329.26 FOR AIR QUALITY PLANNING NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to accept a grant from the Texas Commission on Environmental Quality in the amount of $516,329.26 for air quality planning. SECTION 2. The City Manager, or designee, may reject, alter the terms of, or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI 'Armando Chapa Joe Adame City Secretary Mayor APPROVED: 1st day of December, 2010. R. Jar I ining First Assistant City Attorney For City Attorney TCEQ air planning grantacceptres -- 12012010 —155— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong TCEQ air planning grantacceptres — 12012010 —156— 2 Page 1 of 2 ORDINANCE APPROPRIATING $516,329.26 FROM TEXAS COMMISSION ON ENVIRONMENTAL QUALITY IN THE NO. 1071 COMMUNITY ENRICHMENT GRANTS FUND FOR AIR QUALITY PLANNING; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That $516,329.26 from Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund is appropriated for air quality planning. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 1, 2010 R. J - ' ' ining First 1 = sistant City Attorney For City Attorney TCEQ air planning grant appropord— 12012010 --15 7— Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong TCEQ air planning grant appropord— 12012010 —158— TEXAS COMMISSION ON ENVIRONMENTAL QUALITY GRANT AGREEMENT FOR AIR QUALITY PLANNING GRANT AGREEMENT SIGNATURE PAGE r Grant Agreement Name: City of Corpus Christi Grant Agreement Number: 582-11-L1223 Performing Party: City of Corpus Christi Performing Party Identification Number: 174600057411 Effective Date: Date of Last Signature Maximum TCEQ Obligation: $,516,32g.26 Expiration Date: 08/31/2011 The Texas Commission on Environmental Quality. (TCEQ), an agency of the State of Texas, and Performing Party, a governmental body, agency, or political subdivision of the State of Texas, or another State, enter this Agreement (Grant Agreement) to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The Parties agree: the Grant Agreement must be signed by an authorized official of the TCEQ and the Performing Party; as authorized by TCEQ, Performing Party will conduct Grant Agreement Activities as part of its own authorized governmental functions; and TCEQ will reimburse Allowable Costs subject to the Texas 'Uniform Grant Management Standards and this Grant Agreement. Parties to the Grant Agreement By (Authorized. Signature) Printed Name Title Texas Commission on Environmental Quality (TCEQ) City of Corpus Christi (Performing Party) Zak Covar Angel R Escobar Date of S. • .. Lure Deputy, Executive Director City Manager Grant Agreement Name Contact Numbers Manager Hubert Stewart, Contract Specialist Procurement and Contract's Representative Printed Name Date (512) 239 -1427 t 4 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY GRANT AGREEMENT For AIR QUALITY PLANNING This Agreement is between the Texas Commission on Environmental Quality (TCEQ) and the City of Corpus Christi (Perform Party). arty TCEQ and the Performing Party agree as follows: ARTICLE 1. WORK 1.1 Appropriation and Description of the Work The Performing Party agrees to complete all the Work as specified in the Grant Agreement Documents. In its appropriatio as olln to TCEQ, the Legislature has required TCEQ to fund air quality planning projects Appropriation: Air Quality Planning. Included in amounts appropriated out of the Clean Air Account No. 151 in Strategy A.1.1, Air Quality oment an z Planning, is 7,07'5,000 for the biennium for air quality planning es as approved by the Texas Commission on Environmental Quality (TCEQ). These areas may include Waco, El Paso, Beaumont, Austin, Corpus Christi, Longview- Tyler- Marshall, San Antonio, and Victoria. These activities ma include levels; and the inventorying, and monitoring of pollution levels; modeling pollution identification, quantification, and implementation of appropriate pollution reduction controls. The TCEQ shall. allocate these funds in such a way as to channel the funds to receiving those projects most useful for the State Implementation describing the The Work they will funds shall submit Work Plans for TCEQ app complete with those funds. ner "III Le R Use of Funds 1.2 The Performing Party is encouraged to maximize use of Air Quality Planning funds for technical purposes, such as data collection and. analysis, s, the Ride y work, far creation of The Performing Party is encouraged to miniirdze supplementary outreach materials. Work Plan 1,3 The Performing Party oj has prepared support p rt of the State Implementation Plan (SIP development each task of each project in PP activities and projects that the Performing process and other types of air quality planning aThe task descriptions include sufficient Party agrees to complete by August 31, P perform the detail to enable the TCEQ to determine the Work to be completed, who will p Work, the budget for each' project, what work products, services, or deliverables, or both, will be provided to the TCEQ, dates on which the Work related to each task will. be 2 —160— completed, and the total amount of funding required to complete the Work described in the Work Plan. 1.3.1 The Work Plan includes sufficient detail about possible travelooutside of Texas are enable TCEQ to determine whether anticipated meetings necessary and reasonable to the Work. Quality Assurance / Quality Control (QA /QC) 1.4 All routine monitoring data that will be sent to the TCEQ Lockheed Environmental Analysis Display System (LEADS) or Texas Air Monitoring Information System (TAMIS) systems must be collected using the TCEQ standard procedures, where they exist, as the minimum specification for the Work, unless otherwise agreed to ahead of time by the TCEQ. Existing standards or procedures are available from the TCEQ Monitoring Operations Division. If you require any assistance in locating this information, please contact your project representative. 1.5 Special purpose monitoring data must be collected with explicit Quality Assurance /. Quality Control (QA /QC) standards and /or practices (preferably those used. by TCEQ). The results of QA /QC analysis must be reported as part of any project's final report. The Performing Party will document the reasons for deviations from established TCEQ standard procedures, and provide that documentation to TCEQ. • 1.6. All meteorological or photochemical modeling demonstrations performed by the Performing Party or its contractors and included in State Implementation Plan submittals shall be done according to protocols agreed to by the TCEQ. Any deviations from the agreed protocol made during the course of the Work shall be reported to the TCEQ. Plan 1.7 All Emissions Inventory development work will include document ent deviations from the approved by the TCEQ. The Performing Party Inventory Preparation Plan in its final project report. 1.8 Technical projects providing support to State Implementation Plan revisions must be completed according to explicit QA /QC standards and practices developed at the start of the project. The results of QA /QC analyses must be reported as part of any project's final report. Any deviations from the established QA /QC standards and practices shall be documented by the Performing Party or its contractor. Authorization to use unexpended balances 1.9 RESERVED 1.10 The Performing Party is authorized, with the written consent of TCEQ Project Representative (see Article 16), to utilise unexpended balances allocated to a project, or projects, in one task to complete or add to the Work of another task. 3 Conference Calls and Meetings 1.11 If determined by the Performing Patty or the TCEQ to be necessary, every two months the Performing Party will hold a conference call with the TCEQ regarding its air quality planning activities. The TCEQ and the Performing Party may adjust the frequency of the calls as necessary. The Performing Party is responsible for the scheduling and the the hosting of each conference call. One week before the scheduled and other related Performing Party will submit an agenda, technical documents, documents for use during the call. attend the- Performing Party's Air Quality Committee 1.12 TCEQ representatives may meetings or related meetings to provide technical guidance and oversight of the Performing Party's Work activities. Small Business and Local Government Compliance Assistance 1.13 The Performing Party agrees to consult and communicate with the Small Business and Local Government Compliance Assistance Specialist assigned to their particular TCEQ Regional Office. Progress Reports Party agrees to submit, via electronic mail, a monthly progress report of 1,1q The Performing arCY m of each month. The progress report s I all its activities no later than the tenth (loth) document, in sufficient technical detail and by task, the accomplishments, expenditures, en also and milestones achieved during the prior thirty (3o) days. document during the prior thirty (30) days, what problems were identified, if any, and the resolution, if appropriate. 1.14.1 The TCEQ reserves the right to alter the reporting frequency of the progress reports as necessary to track the Performing Party's progress toward accomplishing the tasks of thewritten Plan. etter ten C Q) calendar TCEQ will notify the days prior tothe Party by electronic mail or beginning of the new reporting period. Deliverables 1.15 Draft deliverables may be submitted in electronic format by either submit electronic mail or on deliverables CD by post or by hand delivery. The Performing Party agrees or a CD as one copy e- mailed to Leigh Ann Brunson at TCEQ and one bound bard copy within one week later. • Required Changes to Work Plan 1.16 If one or more counties within the Performing � a�s�o�atiOn o one or more National -the U.S. Environmental Protection Agency g Ambient Air Quality Standards with an effective date occurring during the term of this Agreement 1.16.1 The TCEQ may require the Performing Party to revise Attachment B; 4 —1 6 2— 1.16.2 The TCEQ may specify which photochemical or meteorological modeling or emissions inventory development tasks are allowable under this Agreement; 1.16.3 The TCEQ may specify delivery dates for photochemical or meteorological modeling or emissions inventory development tasks; and 1.16.4 The Performing Party will mark and treat all photochemical or meteorological modeling or emissions inventory development work product as "Draft/Deliberative" until the TCEQ agrees that those work products are of sufficient quality to be final versions. Work products marked. "Draft /Deliberative" shall be released to thud parties only with the prior permission of the TCEQ Project Representative, or under the terms of the Texas Public Information Act, Government Code, Chapter 552. For the purposes of 1.16.4, documents marked "Draft/Deliberative" may be shared with agents and employees of the Performing Party, its contractors, and those assisting the Performing Party, its contractors, and those assisting the Performing Party in collecting the information. ARTICLE 2. REIMBURSEMENT, GRANT AGREEMENT AMOUNT 2.1 TCEQ will reimburse the Performing Party's costs of performing the Work under the conditions in the Grant Agreement Documents. . 2.2. Reimbursement is limited to actual incurred costs which are both allowable and eligible under the conditions in. the Grant Agreement Documents. 2.3. The maximum amount of reimbursement to be provided by TCEQ fiscal for the ecs the tion of the Work shall not exceed $516,329.26 during the 011 amend this amount in accordance with the Grant Agreement Documents. In accord with the language of Rider 8 to TCEQ's appropriation, in the General Appropriations Act 2010 -2011 Biennium Conference Committee Report on Senate Bill 1, the maximum amount appropriated will be divided into two amounts related to the Work Plan; one for each fiscal year of the biennium. ARTICLE 3. TERM OF GRANT AGREEMENT 3,1 This Agreement shall commence on the last date of signature•by the parties and shall terminate on August 31, 2011. However, certain reporting requirements as identified in this Grant Agreement shall survive the termination of this Grant Agreement. This Agreement shall immediately terminate at the end of any state fiscal year for which the Texas Legislature fails to appropriate or to provide sufficient funds necessary to perform this Agreement. This Agreement may be extended beyond August 31, 2011, as necessary, in order to allow completion of the Work. Computation of Times 3.2 When any period o excude the first to and include the Agreement of Documents such period.. by the last will be computed to 5 -163- day of any period suc frm falls on lion. day or Sunday or on a federal holiday, such day will be omitted 3.3 A'calendar day of twenty -four (24) hours measured from midnight to the next midnight will constitute a day. ARTICLE 4. PAYMENT PROCEDURES 4.1 The Performing Party will submit requests for payment in accordance with the conditions in the Grant Agreement Documents. 4.2 The TCEQ may reject requests for payment � � £� to conform to the conditions in allowable and eligible for reimbursement the Grant Agreement Documents. 4.3 The Performing Party's requests for payment must comply with the invoice processing procedures in Article 12 of this Grant Agreement. 4,4 The Performing Party agrees that the purpose of this Agreement and tide a rant to financially assist the Performing Party in performing the Work Performing Party is not a "vendor" of goods and services within the meaning of Texas Government Code Chapter 2251. 4.5 Advance Payment: This provision applies only to the Alamo Area Council of Governments, the East Texas Council of Governments, the Capital Area Council of Texas East as st Governments, the Heart of Texas Council of Governments, the Or a,,;aa as Regional Planning Council, and the El Paso Metropolitan Planning g No advance payment will be made to the City of Victoria or the City. of Corpus Christi. After the formal awarding of the grant, the Performing Party may submit a signed written request for an initial one -time advance payment. The Performing Party's request will explain Why the advance payment is necessary and will provide sufficient technical specifications to adequately describe how the advance payment will be used. The technical activities described in the written request shall be described in greater detail within the Performing Party's k Plan. 4.5.E Advance Payments under this Agreement shall be for no more than one hundred thousand. dollars ($ioo,000). 4.5.2 Documentation of costs paid using Advance Payments must be kept separate. from documentation of costs that are reimbursed, unless the Pe r ntat arty otherwise has a documented procedure in place. In that case, full cume muster delivered cced to from Ad anc support yments must bee repo ed. on. each monthly of interest accrued Status Report. 4,6 The PERFORMING PARTY d track place � �te�st earned. 1pnte�rest earned from advances federally insured account over recoveries is considered program income and must be spent under the terms and conditions of this Grant Agreement with the prior agreement of the TCEQ. 6 -164- ARTICLE 5. FUNDING AND LEGAL AUTHORITY 5.1 Payments Subject to Availability. of Funds. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited to the receipt and availability of funds appropriated by the Texas Legislature for the purposes of this Agreement or for the respective claim, suit, or obligation, as applicable. • 5.2 Legal Authority: TCEQ has the authority to make a direct award of funds pursuant to directive of the 81st Texas Legislature in the General Appropriations Act at Article VI. 8 for the purpose of conducting air quality planning activities in near non- attainment areas. TCEQ enters this Agreement pursuant to authority granted in Texas Water Code § 5.2 29, pertaining to the authority to contract generally and § 5.124 pertaining authority to award grants. In addition, this Grant Agreement is made to the Performing Party under the authority of the Znterlocal Cooperation Act, Texas Government Code § 791. The TCEQ further relies on authority contained in Texas Health and Safety Code §§ 382.033 and 382.115. Agreement subject to Requirements: The Performing Party agrees to comply with all 5.3 to expenditure and reporting of state funds in requirements and ],imitations pertaining exp state rules and law, including: (1) Texas Government Code § 783.001 et seq. (Uniform Grant and Contract Management Act or UGCMA) and implementation rules at 1 Texas Administrative Code § 5:141 et seq. (Uniform Grant Management Standards or UGMS) (2) Texas Government Code, Chapter 556 (pertaining to lobbying and political activities). 5.4 By signing this Agreement and obligating itself to performance, the Performing Party certifies that it is' a duly organized local government with authority to perform the Work and to receive the reimbursement funds. 5.5 The Performing Party agrees to place notices of the source of funds and the availability of funds, and the legal authority in all subgrants and subcontracts it awards using funds from this Agreement. ARTICLE 6. THE PERFORMING PARTY'S REPRESENTATIONS The Performing Party represents to TCEQ, and TCEQ relies on Performing Party's representations that: 6.1 The Performing Party has examined and carefully studied the Grant Agreement Documents. 6.2 The Performing Party is familiar with and understands all federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work. ARTICLE 7. GRANT AGREEMENT DOCUMENTS The Grant Agreement Documents, which comprise the entire Agreement, between TCEQ and the Performing Party concerning the Work, consist of the following: 7.1 The TCEQ State Funded Grant.Agreement; A 7.2 Approved Work Plan Budgets; 7.3 Attachment A: TCEQ Financial Status Report (Form. 269a), Supplemental Financial Status Report forms (Supplemental Form 269a); 7.4 Attachment B: Work Plan; 7.5 7.6 Attachment C: Indirect and Allocated Central Service Costs Recovery Report; The following which may be delivered or issued after the effective date of the Agreement and are not attached: EPA /QA R -5, Quality Assurance Project Plans (QAPPs) at the following URL: h • : Al .e • a. • ov • u: • • a • a .html; 4o CFR 50 and 58 for ambient air monitoring ;; current EPA emission factor and inventory guidance and the following URL: resource material found at the on the http : / /www.epa.gov /ttn/ chief /publications.html #general; draft final gui Use of Models and Other Analyses in Attainment Demonstrations for the 8 -hour Ozone NAAQS found at h No .►..• 1 :.10 ,.CT:. 14_00 _u'd: g '• 8- o .. -o 'd. ic- final version.pdf; documentation on the CAMx model; and all other inventory or modeling guidance, Work Plans, Notices to Proceed, Written Amendments, and other documents amending, modifying or supplementing the Grant Agreement Documents pursuant to the General Conditions. 7,7 There are no Grant Agreement Documents other than those listed above in this Article. The Grant Agreement Documents may be amended,.rnodified or supplemented only as specifically provided. GENERAL CONDITIONS ARTICLE 8. DEFINITIONS . Wherever used in this Grant Agreement the following terms have the meanings indicated that are•applicable to both the singular and plural: 8.1. Grant Agreement — means the Agreement between TCEQ and the Performing Party in writing, consisting of the documents listed in Article 7. The term Grant Agreement is used interchangeably as "Agreement" or "grant." 8.2 Equipment - means tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 more per purchased unit. from EQ will advise the Performing Party of the rules for capitalizing equipment Ends and ultimate disposition. 8.3 Grantee - is the Performing Party, a recipient of grant funds and this Grant Agreement. The Grantee is accountable for the use of the funds provided. The Grantee is the entire legal entity even if only a particular component of the entity is designated in the Grant Agreement award document. 8 -166- 8.4 Include - The word "include" and all forms such as "including" mean "including but not limited to" in the Grant Agreement and in documents issued in accordance with the Grant Agreement $ 5 Project -- an insular objective to be accomplished by the Work Plan. 8.6 Supplies — means all tangible personal property other than "equipment" as defined in these General Conditions. 8.7 Task — a step or procedural portion of a project. 8.8 Work — the entire completed services or the various separately identifiable parts thereof required to be furnished under the Grant Agreement Documents. Work includes and is the result of performing or furnishing labor, services, materials or equipment as required by the Grant Agreement Documents. 8.9 Work Plan — The Work Plan consists of written technical descriptions of equipment, schedules, standards and workmanship as applied to the Work and certain administrative details applicable. The Work Plan describes the Work involved in the individual projects proposed by the Performing Party. Changes to the Work Plan are effective only when approved by the TCEQ in a signed amendment to the Grant Agreement. ARTICLE g. CONTRACT INTERPRETATION Intent 9.1. The Grant Agreement Documents will be construed in accordance with the laws of the State of Texas. 9.2. Any work, materials or equipment that may reasonably be inferred from the Grant Agreement Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed by'the Performing Party . ' whether or not specifically called for. 9.3. When words or phrases. that have a well -known technical or pollution cleanup industry or hrases shall meaning interpreted in accordance with that me�r�ing.egmpment, such words or phrases Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies 9.4.1. Reference to standards, specifications, guidance manuals or codes of any governmental authority or technical society, orsanization or association, or to all applicable law, whether such reference be specific or by implication, shall mean the latest standard, specification, guidance manual, code or Laws or Regulations in effect at the time of the Effective Date of the Agreement, except as may be otherwise specifically stated in the Grant Agreement 9.4.2 If an error or conflict within the Agreement or between the Agreement and any applicable law is discovered, the Performing Party shall immediately report it to 9 -167- TCEQ in writing. The Performing Party shall not proceed with the Work affected. (except in an emergency as authorized by these Grant Agreement Documents) until an amendment to the Grant Agreement has been issued. The Performing unless shall not be liable to the Performing Party knew TCEQ or reasonably should have knownihct or error, 9.4.3 Except as otherwise stated in the Grant Agreement as amended., provision of the Grant Agreement shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Grant Agreement Documents and: 9.4.3.1 the provisions of any such standard, specification, guidance manual, code or instruction (whether or not specifically incorporated by reference in the Grant Agreement Documents); or 9.4.3.2 the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Grant Agreement Documents would result in violation of such Law or Regulation). 9.4.4 any guidance manual code or instruction No provision of an standard, specification, shall be effective to change the responsibilities of TCEQ or the Performing Party, or any of their subcontractors, consultants, agents, or employees from those in the Grant Agreement, nor shall it be effective to assign to TCEQ, any duty or authority to supervise the furnishing or performance of the Work or other Agreement provision. 9.5 Whenever in the Grant Agreement Documents the terms "as ordered," "as directed," "as required," "as allowed," " as approved" or terms of like effect or import are used, or the adjectives "reasonable ", "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of TCEQ as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed work for compliance with the requirements of and information in the Grant Agreement Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Grant Agreement Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective .to assign to TCEQ any duty or authority to supervise or direct the furnishing or performance of the Work or any other provision of the Grant Agreement Documents. ARTICLE 10. PERFORMING PARTY'S RESPGNSYBIL1'1'LES 10.1. The Performing Party shall be responsible for the professional quality, terhnical accuracy, timely completion and the coordination of all services and other work furnished by the Performing Party under this Agreement, The Performing Party agrees to perform the Work in conformity reimbursement for costs guidance non conforming provided by the TCEQ. TCEQ may withhold Supervision and Superintendence 10.2. The Performing Party shall supervise, inspect and direct the Work competently and, efficiently, devoting attention and applying smile and expertise to perform. the Work in accordance with the Agreement. The Performing Party shall besolelyresponsible po for means, methods, techniques, sequences and procedures of th e Work. 10 -168- Party shall be responsible for the accurate compliance of the completed Work with the Grant Agreement Documents. Personnel 10.3. The Performing Party shall provide competent, suitably qualified personnel to perform the Work as required by the Grant Agreement Documents. The Performing Party shall at all times maintain good discipline and order on the project. Employment Practices 10.4. The Performing Party agrees to follow applicable state and federal laws regarding employment practices, including race, creed, color, disability, national origin, sex, • political affiliation. or beliefs. Materials & Equipment 10.5. Unless otherwise specified in the Grant Agreement Documents, the Performing Party shall furnish and assume full responsibility for all materials, equipment, labor, transportation, tools; appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. except as otherwise 10:6. All materials and equipment shall good in the Grant Agreem t Documen All m terials and equipment hall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable supplier or subcontractor, except as otherwise provided in the Grant Agreement Documents. Title to and Management of Equipment 10.7. Subject to the obligations and conditions set forth in the Grant Agreement Documents, title to all equipment acquired under this Grant Agreement shall vest, upon acquisition or construction, with the Performing Party. 10.8 The Performing Party agrees to conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this Grant Agreement. management stem in 10.9. The Performing with Party applicable cable State and its local own s, rules and regulations. If an conformance wh all app i adequate system for accounting for personal property owned e Performing erfor i coffin act its subcontractor is not in. place or currently in use, the the State of Texas Comptroller of Public Accounts and request The State Property Accounting Process User's Guide ( #96 -418) erty https : /lfmx.cna. state .tx.us /fmx /pubs /suauroc /index t hplaand. The / d State P opt Class Code List is at • s- fmx. • ate. . f ' .1 management Performing Party agrees to use these as guides for estab ' hing a property system. 10.10. The Performing Party agrees to maintain property records that include a description of ho the property, a serial number or other identification number, the source opr a federal holds title, the acquisition date, and the cost of the property,. percentage 11 —1 6 9— 1 participation in the cost of the property, the Location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. io.11. A physical inventory of all equipment acquired or replaced with funds provided under this Grant Agreement having an initial purchase price of five thousand dollars ($5,000) or more, shall be conducted no less frequently than once every two (2) years and the results of such inventories reconciled with the appropriate property records. 10.11.1 Property control procedures utilized by the Performing Party shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage or theft shall be investigated. 10.11.2 The Performing Party agrees to develop and carry out a program of property mainte' ance as necessary to keep both originally �es acquired ocedund. to any ns replaced ache property in good condition, and to utilize proper p procedures possible return, in the event such equipment is sold. 10.12. Use of Equipment Acquired with Funds Provided Under this Agreement. 10.12.1 Equipment shall be used by the Performing Party or subgrantee in the program or project for which it was acquired as long -as needed, whether or not the project or program continues to be supported by state funds. When no longer needed for • the or' program or project, the equipment may be used in other activities curren y o previously supported by a federal or state agency. 10.12.2The Performing Party or subgrantee shall also make equipment available for use on other projects or programs currently or previously reviously supported by the federal or state government, providing such use will interfere with the Work on the projects or program. for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 10.32.3 When acquiring replacement equipment, the Performing arty or subgrantee may use the equipment to be replaced as a trade -in• or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. 10.13. Disposition of Equipment Acquired with Funds Provided Under this Agreement. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, disposition of the equipment may be made as follows: 10.13.1 Equipment with a current per-unit fair market value of less than five thousand dollars ($5,000) may be retained, sold or otherwise disposed of with no further obligation to the TCEQ. Methods used to determine per unit fair market value must be documented, kept on file and made available to the TCEQ upon request. 10.13.2 Equipment with a current per -unit fair market value of five thousand dollars ($5,000) or more must be disposed of as follows: 10.13.2.1. Prior to the termination date of this Agreement, the Performing Party and subgrantees must notify the TCEQ. TCEQ may require • 12 —170- the Performing Party or subgrantee to transfer title and possession to such equipment to the TCEQ or a third party named by the TCEQ or may alternatively authorize disposition by sale, transfer or in another manner. 10.13.2.2 If within seven (7) years of the initiation date of the Agreement, equipment is sold or transferred, the Performing Party must remit to TCEQ a share of the proceeds from such sale, provided the fair market, per-unit value of the property at the time of the sale is in excess of five thousand dollars ($5,000). The TCEQ's share of the sale provided under this Agreement that enabled the original purchase Iquestion. io.i4. The Performing Party shall not grant or allow to a third party a security interest in any original arorr replacement under this purchased ran Agreement���ed with funds made available to the Performing aria' io.15. The .Performing Party agrees that, in the event any funds provided under this Grant Agreement are in turn awarded to any subgrantee for the purchase yor�acquisition of�� that equipment by such other party, the Performing Party shall include the requirements set forth in this Agreement. 10.16. In accordance with UGMS, 'the Performing Party must submit an inventory of all state - owned property (as distinct from property acquired with grant funds) for which it is accountable and request disposition instructions from the TCEQ of property no longer needed. io.i6.1 The state owned property inventory stall b e request to TCEQ at the time of close out of the Agreement, or upon q Substitutes and `•`or- Equal "Items 10.17. Whenever an item of material or the name equipment p oprietary escbed. name of Agreement Documents by using particular supplier, the specification or description is intended to establish the type, function and quality required.. Unless the specification or description. contains or is followed by words reading that no like, equivalent or "or- equal" item or no substitution is permitted, other items of material or equipment of other suppliers may be accepted by TCEQ. io.i8. Substitute Methods or Procedures: If a specific means, method, technique, sequence or procedure is shown or indicated in and expressly required by the Grant Agreement Documents, the Performing Party may furnish or utilize a substitute means, method, technique, sequence or procedure acceptable to TCEQ. E Teed Performing icr o artyyr shall hall submit sufficient information to allow TCEQ, in that the substitute proposed is equivalent to that expressly called for by the Grant Agreement Documents. • Concerning Subcontractors, Suppliers and Others 13 — 1 7 1 — 10.19. All benefits and responsibilities accorded to the Performing Party under UGMS shall apply to this Grant Agreement, including matters concerning subcontracts, suppliers and other parties that the Performing Party hires or engages. The use of the cost plus a percentage of cost method of contracting and subcontracting is prohibited. 10.20. The Performing Party shall be responsible for the management and fiscal monitoring of all subcontractors and subgrantees. The Performing Party shall monitor its subcontractors and subgrantees to ensure that the subcontractors and subgrantees are operating consistently with applicable laws and regulations, applicable contracting policies, and these Grant Agreements Documents, including all record keeping and access requirements of this Agreement. The TCEQ reserves the right to perform an independent audit of all subcontractors and subgrantees. Procurements 10.21. All purchases and procurements by the Performing Party of goods or services, or both, including contractual agreements for services utilizing funds of this Agreement shall be conducted in a manner providing full and open competition in accordance with Subpart C, Sec. .36, Subsections (b) through (i) of Part III of UGMS. 10.22. RESERVED 10.23. RESERVED. Intellectual Property Requirements 10.24. Intellectual Property 10.24.1. Royalties and Patent Pees. The Performing Party shall pay all license fees and royalties and assume all costs incident to the use or possession in the performance of the Work or the incorporation in the Work of any Intellectual Property. • 10.24.2. Disclosure of Intellectual Property produced during the Work. The Performing Party shall promptly notify TCEQ of all Intellectual Property which the Performing Party or the Performing Party's employees, subcontractors, or subcontractor's employees mayproduce, either solely or jointly with others, during the course of the Work. In addition, the Performing Party shall promptly notify TCEQ of all Intellectual Property to which the Performing Party may acquire rights in connection with the performance of the Work Any notification under thin paragraph shall contain s iffcient technical detail to convey a clear understanding of the Intellectual Property, and shall identify any publication, sale, public use, or impending publication. The Performing Party shall promptly supply additional information as TCEQ may request. 10.24.3. If the Performing Party fails to protect any Intellectual Property Rights in the Intellectual Property produced in the course of performing the Work, TCEQ shall have full authority to protect, assume and retain all Intellectual Property Rights in all such Intellectual Property. 10.24.4. The Performing Party agrees that the Performing Party, its agents, and its employees shall not use, sell, distribute, disclose or otherwise communicate 14 —172— �F � any portion of Intellectual property owned by or licensed to TCEQ, except in the course of performing the Work, unless the Performing Party has independent Intellectual Property Rights to such Intellectual Property. 10.24.5. Grant of License. When Intellectual Property is (i) incorporated in the Work (other than Intellectual Property that TCEQ already possesses equal or greater Intellectual Property Rights by virtue of this Agreement or otherwise), (ii) produced by the Performing Party or the Performing Party's employees, subcontractors; or subcontractor's employees during the course of performing the Work, or (iii) specifically identified in the Contract as Intellectual Property to which Intellectual Property Rights are granted pursuant to this paragraph, the Performing Party grants to TCEQ (i) a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, or otherwise use such Intellectual Property and associated use documentation, and (ii) a nonexclusive, perpetual, irrevocable, enterprise -wide license to authorize others to reproduce, publish, or otherwise use for TCEQ's purposes. 10.24.6. Modification; Derivative Works. TCEQ shall have the right, at its own discretion, to independently modify any Intellectual Property to which license is granted herein for TCEQ 's own purposes and use, through the services of its own employees or independent contractors. TCEQ shall own all Intellectual Property Rights to such modifications. The Performing Party shall not incorporate any such modifications into its Intellectual Property for distribution to third parties unless it first obtains a license from TCEQ. 10.24.7. The Performing Party shall comply with all Laws and Regulations relating to Intellectual Property. The Performing ar represents to TCEQ that the Performing Party will not infringe any Intellectual Property Right o f any third. p . The Performing Party further represents to TCEQ it iat in the pe rforming the Work it will not use or possess any Intellectual Property owned by a third party without paying any required royalty or patent fees. Performing Party represents that it has full title in and er modifications, the or that icha Property and any enhancements, updates or other full power and authority to grant all licenses granted, and that such license use by the TCEQ will in no way constitute an infringement or other violation of any Intellectual Property right of any third party. The Performing Party represents that it shall have, throughout any applicable license term, free and clear title to, or the right to possess, use, sell, transfer, assign, license, or sublicense, products that are licensed or provided to the TCEQ by Performing Party. Except as permitted in the Grant Agreement Documents, the Performing Party shall not create or permit the creation of any lien, encumbrance, or security interest in the Work or any part, or any product licensed or provided hereunder to TCEQ for which title has not yet passed to TCEQ, without the prior written consent of TCEQ. Performing Party represents to TCEQ that neither it nor any other company or individual performing the Work is under any obligation to assign or give to any third party any Intellectual pursuant rte theme Grant granted o assigned to TCEQ, or reserved by TCEQ, p Agreement Documents. Permits 10.25. Unless otherwise provided in the Grant Agreement Documents, the Performing Party shall obtain and pay for all construction permits and licenses. Performing Party shall pay all charges of utility owners for connections to the Work, and the Performing rty shall pay charges of such utility owners for related capital costs such as plant investment fees. 15 —173— Laws and ReguIatiorns • 10.26. Performing Party shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, TCEQ shall not be responsible for monitoring the Performing Party's compliance with any Laws or Regulations. Performing Party shall bear all claims, costs, losses, and damages resulting from any Work the Performing Party knew or had reason to know was contrary to Laws or Regulations. Uniform Grant and Contract Management Act 10.27. The provisions of the Uniform Grant Management Standards (UGMS) apply to this Agreement, all amendments, and all subcontracts and subagreements. Compliance with the conditions and requirements is necessary for the satisfactory performance of this Agreement. • Energy Efficiency Standards 10.28. shall follow standards and policies on energy efficiency in Agreement, the StatePerforming nergy Conservation Plan. Taxes 10.29. .Where applicable the Performing Party shall pay all sales, consumer, use and other similar taxes required in connection with the Work required by this Agreement. Records, Documents, Data, Access, andAudit 10.30. The Performing. Party shall maintain books, records, documents, and other evidence reasonably pertinent to performance of the Work and requirements of the Grant Agreement Documents, including the Agreement or amendments. All financial records shall be maintained in accordance with generally accepted accounting principles, UGMS and these Grant Agreement Documents. 1o.30.lThe Performing Party shall also maintain the financial information and data used in the preparation or support of any request for reimbursement (direct and indirect), price or profit analysis for this Agreement or any subagreement or subcontract and a copy of any cost information or analysis submitted to the TCEQ. l0.30.2The TCEQ, Texas State Auditor's Office, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of review, inspection, audit, excerpts, transcriptions and/or copying during normal business hours. The Performing Party shall provide proper facilities for such access and inspection. 10.31. The Performing Party agrees to the disclosure of all information and reports resulting from access to records under this Agreement. 16 —174— 10.32. Records created or required under this Agreement shall be maintained by the Performing Party 'during performance of Worlc under this Agreement, and for three (g) years after final payments, final expenditure reports and all other pending matters are closed. If any litigation, claim, negotiation, audit, cost recovery, or other action (including actions concerning costs of items to which an audit exception has been taken) involving such records has been started before the expiration of the three (3) year period, such records must be retained until completion of the action or resolution of all issues which arise from it, or until the end of the regular three (3) year period, whichever is later. Data, Publicity, and Acknowledgement of Financial Support 10.33. All data and other information developed under this Agreement shall be furnished to the TCEQ and shall be public data and information except to the extent that it is exempted. from ublic access by the Texas Public Information Act, Texas Government Code § 552 ( "Act's). Upon termination of this Agreement, all copies of data and information shall be furnished, at no charge to the TCEQ, upon request, to include databases prepared using funds provided under this Agreement, and become the property of the TCEQ. Except as otherwise provided by these Grant Agreement Documents, the Act, or other applicable law, the Performing Party shall not provide data generated or otherwise obtained in the performance of its responsibilities under this Grant Agreement to any party other than the State of Texas and its authorized agents. 10.34. The Performing Party agrees to notify and obtain the verbal approval of TCEQ prior to releasing any information to the news media regarding the activities being conducted under this Agreement, unless the information relates to a regular media release to inform the public regarding compliance with air standards. 1o.35. The Performing Party and the Performing Party's agent, subcontractor, or other representative shall acknowledge the financial support of the TCEQ and the State of Texas whenever work funded, in whole or part, by this Grant Agreement is publicized or reported in news media, or publications, or at public events and meetings. All project signage, reports and other documents completed as a part of this Grant Agreement, other than documents prepared exclusively for internal use within the TCEQ, shall display the following notation on the sign, or front cover or title page: PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY The preparation of this report was financed through grants from the State of Texas through the Texas Commission on Environmental Quality 10.36 The Performing Party has permission to use the TCEQ logo in conjunction with outreach efforts described in this Grant Agreement. The Performing Party must follow the TCEQ's logo style guidelines when using the logo, which can be found on the Web at www. tceq .state.tx.us /goto/logoguide. Electronic files of the TCEQ logo should be obtained from the TCEQ's Agency Communications Division by e- mailing acPtceq.state.tx.us. E -mails should b.e addressed from the Performing Party's Project Representative and copy the TCEQ Project Representative, reference use under the Rider 8 Grant Program, and specify the file formats needed (examples: jpg, tiff). Safety and Protection 10.37. Where applicable, the Performing Party shall be responsible for requiring subcontractors and subgrantees to maintain and supervise all necessary safe precautions and programs in. connection with the Work. The Performing Party shall take all necessary safety precautions. Independent Contractor • 10.38. In the performance of the Work Plan, the Performing Party is, and undertakes performance as, an independent contractor. Lobbying Activities 10.39. As set forth in these Grant Agreement Documents, and in accordance with the UGMS, and applicable law, the Performing Party shall not support political activity either directly or indirectly with funds provided pursuant to this Grant Agreement. Independent Financial Audit 10.40. The Performing Party shall engage an independent financial auditor and conduct an annual audit of the Performing Party's financial statements in accordance with the Single Audit provisions of UGMS: 1040.1. All terms used in connection with audits in this Agreement shall have the definitions and meanings assigned in the Single Audit Circular in UGMS. 10.40.2. Provisions of the Single Audit Circular in Part IV of UGMS shall apply to all governmental entities except state agencies, expending the funds of this Grant Agreement, whether they are recipients, receiving the funds directly from the TCEQ, or are subrecipients, receiving the funds from a pass-through entity (a recipient or another subrecipient). In addition, the Performing Party shall require the independent auditor to supply all audit work papers substantiating the work performed, at the request of the TCEQ or its designee. Exceptions in Audit 10.41. TCEQ is required to take action on exceptions noted in an audit of the Performing Party's financial records. Performing Party agrees to submit a copy of the report and any audit of the Performing Party's financial records to TCEQ within twenty (20) days of receipt of the Performing Party's receipt of an audit report. The Performing Party will also provide a statement containing an explanation of the conditions giving rise to each exception in the audit report as well as a plan for correction of any significant deficiencies in. the Performing Party's operations or Grant Agreement performance. The TCEQ may approve the statement or reject as insufficient. The Performing Party may revise and resubmit its statement with the consent of TCEQ. If the statement is initially or subsequently rejected by the TCEQ with no further opportunity to revise, the TCEQ may suspend payments or may terminate the Grant Agreement for cause and may undertake any other remedies or sanctions provided -under this Grant Agreement. 18 -176- Conflict oflnterest 10.42. The Performing Party shall notify TCEQ immediately upon discovery of any potential or actual conflict of interest. The Performing, Party agrees that TCEQ has sole discretion to determine whether a conflict exists and that the TCEQ may terminate the Agreement at anytime, on the grounds of actual or apparent .conflict of interest. Survival of Obligations 10.43. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Grant Agreement Documents, as well as all continuing obligations indicated in the Grant Agreement Documents, will survive final payment, completion and acceptance of the Work and termination or -completion of the Agreement, All requirements for documentation and related auditing provisions shall be in effect for three (3) years following the end of the Grant Agreement term. .Debarment 10.44. The Performing Party will inform the TCEQ immediately in writing if the Performing Party or any subcontractor or subgrantee is debarred by any agency of the State of Texas, or federal government from receiving procurements, contracts for goods or services, reimbursement contracts or grants. Laboratory Accreditation 10.45. If any laboratory produces data under this Agreement, the laboratory must be accredited by TCEQ according to Title 39 Texas Administrative Code (TAC) Chapter 25 (relating to Environmental Testing Laboratory Accreditation and Certification) Subchapters A and B as amended, for the matrices, methods, and parameters of analysis, unless the TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 TAC 25.6. ARTICLE xi. CHANGES IN THE WORK 11.1 CONTRACT MANAGER AUTHORITY 11.2 Administrative Tasks. The TCEQ Contract Manager has the authority to act on behalf of the. TCEQ in order to perform certain administrative tasks. 11.3 Authority. The TCEQ "s Contract Manager may grant an extension of a deliverable due date, authorize budget category adjustments of up to 10 % of the budget (however, not changingthe contract total) or adjustments to the mechanics of individual tasks that do not change the nature or those tasks. Administrative tasks performed in furtherance of the contract require the written consent of the TCEQ, but does not require a formal Amendment to the Contract. A copy of the authorization must be retained in the appropriate file of both the Performing Party and the TCEQ. 11.4 Process: It is the responsibility of the Performing Party to request extensions of deliverables only, or the other adjustments that are within the discretion of the TCEQ Contract Manager. Administrative changes within the authority of the TCEQ Contract 19 —1.77_ Manager must be documented through a formal letter approving the change, explaining the change, and providing a reason for the change in order to be effective. 11.5 All changes to the Grant Agreement Cost Budget must be pre-approved in writing by the TCEQ. Applicable cost principles ad oval of certain types of costs and apply to contsin additional requirements for prior approval grants and subgrants. Waiver 11.6 Unless authorized in accordance with these Grant Agreement Documents (relating to Changes), or in writing by the TCEQ, no waiver of any obligation of the Performing Party under this Grant Agreement shall bind the TCEQ. Furthermore, unless specified in the written authorization, the authorized waiver by the TCEQ of such obligation shall not constitute a continuing waiver of the obligation. No waiver by the TCEQ shall constitute a waiver of the TCEQ's subsequent right to demand and receive performance within a reasonable time to be specified by the TCEQ, in accordance with all provisions of this Grant Agreement. ARTICLE 12. REIMBURSEMENT OF COSTS AND THE PAYMENT PROCESS Payment is made for costs which are allowable and eligible for reirnbursement 12.1 TCEQ reimburse the P r gr treimbursement. s actual red costs of performance that are BOTH: r) eligible for Allowable Costs 12.2 A cost is allowable if it is within a category authorized ed by �eliTi Grant Agreement statutes Documents, UGMS, and other rules, regulations, policies, gm applicable to this Agreement. Eligible Costs 12.3. A cost is eligible for reimbursement when the Performing Party has complied with the conditions /requirements specific to the Grant Agreement Documents. The requirements generally relate to the following: 12.3.1. performing the Work as specified, 12.3.2. conducting subcontract activities as specified; 12.3.3. conducting subgrant activities as specified; 12.3.4. conducting administrative activities as specified; 12.3.5. maintaining financial and administrative records and documentation; 12.3.6. submitting documents as' specified and also upon request of the TCEQ. 20 —178-- R Approved Work Plan Budget 12.4, The Perfor Party is responsible, throughout the term of this Agreement, for tracking and ensuring that costs remain within the various budgeted cost categories described in the approved Work Plan. 12,5. In addition to other requirements for allowable costs, Performing Party's costs must be incurred for those categories of costs and in the amounts described in the TCEQ- approved Work Plans contained in the Grant Agreements Documents. The approved Work Plans written ent of the TCEQ and in accordance may h these Grant Agreement Documents. The Payment Procedures Process 12.6. Requests for Payment 12.6.1. All requests f under h� be submitted in accordance with the Grant Agreement Documents requirements. 12.6.2. In order to obtain reimbursement for those costs authorized under thin Agreement, the Performing Party, shall submit a fully completed and legible invoice requesting payment, a TCEQ Financial Status Report (FSR or Form 269a), any required TCEQ Supplemental Financial Status Report forms (Supplemental FSR or Supplemental Form 269a). 12.6.3. The Performing Party shall not submit payment bms' ign Rs and invoices) TCEQ ny sooner than fifteen (15) days following sua deliverable in order to allow TCEQ staff a reasonable period to review the work product prior to receiving the payment request. 12.6.4 The Performing Party shall require by contract its subcontractors and subgrantees to invoice it on a monthly basis. Costs relating to subcontractors and subgrantees shall be invoiced to TCEQ on a monthly basis. 12.7. Costs to be Itemized on Supplemental Form 269a -1. 12.7.1. All requests for reimbursement of costs that fall within either the "Equipment" or "Contractual" categories of the Grant Agreement Cos Budget shall shhall be itemized by the Performing Party on Supplemental Form 269a-1. requests shall be identified with respect to the major tasks or objectives set forth in e Work Plan that such expenditures support or satisfy. When a single expenditure supports or satisfies more than. one task or objective, the Performing Party need not break down that particular expenditure by specific Grant Agreement tas s task or objective but may simply identify, in relative cost order, the supported. In addition, when requested by TCEQ, the Performing Party shall attach, for each reimbursable cost listed on Supplemental Form 269a -1, legible documentation that (1) serves to further identify the specific piece of equipment received or the services provided, (2) clearly identifies the c odor the subcontractor who provided the equipment or services, (3 reimbursable amount listed on the form. In the case of equipment purchases, the attached documentation shall be either a purchase order marked "received /paid" or a vendor - submitted invoice similarly marked. In the case of subgrantee /subcontractor provided services, the documentation shall consist of a 21 —179— dated invoice that shows the amount billed to the Performing Party and any "past due" amount from previous' invoices. 12.7.2. All requests under this Agreement for the reimbursement of costs that fall within the "Construction" category of the Grant Agreement Cost Budget shall be .itemized by the Performing Party on Supplemental Form 269a -2 and identified with respect to the major tasks or objectives, set forth in the Work PIan of ti,i Grant Agreement that such expenditures support or satisfy. In addition, when requested by TCEQ, the Performing Party shall attach, for each reimbursable cost listed on Supplemental Form 269a -2, legible documentation that (i.) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3) confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked. "received /paid" or an. invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the Performing Party and any "past due" amount from previous invoices. 12.7.3. All requests for the reimbursement of expenditures that fall within either the "Supply" or `Other" categories of the Grant Agreement Cost Budget shall be itemized by the Performing Party on Supplemental Form 269a -3 and identified with respect to the major tasks or objectives, identified in the Worlc Plan that such expenditures support or satisfy. When a single expenditure supports or satisfies more than one task or objective, the Performing Party need not breakdown that particular expenditure by specific Grant Agreement task or objective but may simply identify, in relative .cost order, the various tasks or objectives supported. In addition, when requested by TCEQ, for any single- listed item or service costing more than $500, the Performing Party shall attach, for each reimbursable cost listed on Supplemental Form 269a -3, legible documentation that (1) serves to further identify the specific items or services, (2) clearly identifies the-Vendor or subcontractor who provided the items or services and (3) confirms the reimbursable amount listed on the form. Although issued purchase orders or invoices, or both, marked "received /paid" represent the preferred types of documentation for purposes of this section, the Performing Party ma•4 substitute /attach other records or documents that _provide the same type of th?ormation. The Performing Party shall not intentionally break up single orders of identical or sit<+ilar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 12.7.3.1 The TCEQ will not reimburse the Performing Party for expenses related to the use of a cell phone or digital pager, except for a maximum of $40.00 per month cell phone allowance for the Performing Party's named project representatives with their obligations. TCEQ may reimburse the Performing Party for expenses related to the use of cell phones for the transmission of ambient monitoring data. 12.7.4. All requests for reimbursement of expenditures that fall within either the "Personnel /Salary" or "Travel" categories of the Grant Agreement Cost Budget, shall be itemized by the Performing Party on Supplemental Form 269a -4 and identified with respect to the major tasks or objectives, set forth in the Work Plan of this Agreement, that such expenditures support or satisfy. When a single expenditure supports or satisfies more than one task or objective, the Performing Party need not breakdown that particular expenditure by specific Grant Agreement task or objective but may simply identify, in relative cost order, the 22 —180-- various tasks or objectives supported. Although no supporting documentation is required to be attached to Supplemental Form 26ga -4 with respect to reported "Personnel /Salary" expenditures in order to receive reimbursement, the Performing Party is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Grant Agreement. With respect to employee travel, when requested by TCEQ all costs • listed on. Form 26ga -4 must be supported by attached documentation that identifies the name of the traveler(s), and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel - related costs, includes the following: (1) legible copies of the Performing P approved travel vouchers, signed by the employees who traveled, and (2) or travel - related expenses borne directly by the Performing Party (and thus for which rehnbursernerit by the Performing Party to the traveler was not required) direct, separate receipts showing, at a minimum, the traveler's name, the travel Iocation, and the travel date(s). Any reimbursement for travel requested by the • Performing Party is subject to the limitations contained in General Appropriations Act of the 81st Texas Legislature at Article IX., Part 5. 12.7.5 Travel by volunteers will not be reimbursed. 12.8. Cost Reimbursement Guidance • Indirect, Allocated, and Billed Central Service Costs 12.8.1 The Performing Party shall annually provide to the TCEQ copies of its current cost allocation plans for indirect, allocated central service, and billed central service costs within thirty (30) days of that plan being approved by its cognizant agency or state coordinating agency. If the Grant Agreement begins after the start of the Performing Party's fiscal year, the approved cost allocation plans are required within thirty (3o) days of the start of the Grant Agreement. 12.8.2 At the end of each State of Texas fiscal year the Performing Party shall provide the TCEQ with an Indirect andAllocated•Central Service Costs Recovery Report for the Year Ending August 31. An example of this report is contained in Attachment C and an electronic template for the report shall be provided by the TCEQ. This report shall be due by October 31 of each year that a Grant Agreement is in place. 12.8.3 In accordance with UGMS, billing rates used to charge the TCEQ for billed central service costs shall be based on the estimated costs of providing the services, including an , estimate of the allocable central service costs. A comparison of the revenue generated by each billed service (including total revenues whether or not billed or collected) to the actual allowable costs of the service will be made at least annually, and an 'adjustment will be made for the difference betweexi the revenue and the allowable costs. The Performing Party shall document its adjustments and provide the TCEQ with a summary of its indirect and billed central service cost adjustments showing the required comparison and the necessary adjustments. This comparison shall be sufficiently detailed for non - accountants to follow the adjustment process. 'This comparison shall be provided to the TCEQ within ninety (go) days of the end of the Performing Party's fiscal year. 23 —181— Maximum Reimbursements for Travel • 12.84 The TCEQ encourages the Performing Party to participate in the Texas Comptroller of Public Account's State Travel Management Program (STMP) ttpm found at: h_/ , v.mhndow state.tx.us roc u .Management /. The TCEQ also encourages the ,Performing Party to consult with the TCEQ with any questions on the eligibility of travel expenses. 12.8.5 The TCEQ will not reimburse for travel claims that are not consistent with Textravel web located on the Texas Comptroller's website: https: / /fmx.cpa.state.tx.usJfmx /travel /textravel /index.php. 12.8.6 For in -state travel, the TCEQ will reimburse the Performing Party for the actual cost of lodging and meals at a daily rate not exceeding the current rate posted on the Texas Comptroller's website: https: / /hnx.cpa. state. tx.us / /travel /traveirates.php. Additional taxes and fees are eligible for reimbursement. 12.8.7 For out-of-state travel, the TCEQ will reimburse the Performing Party for the actual cost of lodging and meals at a daily rate not exceeding the current rates posted on the Texas Comptroller's website: https: / /finx.cpa.state.tx.us /fm/travel /out of state /index.php. Additional taxes and fees are eligible for reimbursement. 12.8.8 For rental automobiles, the TCEQ will reimburse the Performing Party at the actual oily rate no greater than the applicable STMP contract rate. 12.8.2.1 For air fare, the TCEQ will reimburse the Performing Party at actual cost up to the applicable STMP contract rate. 12.8.2.2 Mileage for personal automobiles will be reimbursed at the rate actually incurred as indicated by the vehicle odometer reading or a mapping Web site. The Performing Party is encouraged to pay special attention to the State of Texas Travel Allowance Guide for guidelines concerning allowable mileage. Cost Provisions Applying to entities defined as Regional PIanning Commissions and Councils of Government or which agree to applicability as though they are Regional Planning Commissions 12.9. The provisions of this Paragraph and Subparagraphs apply to a Performing Party, Subgrantees and other Recipients of the funds under this Grant Agreement defined as a "Regional Planning Commission" as in Chapter 391 of the Texas Local Government Code, which includes, udes, among others, a Council of Government. In the event of conflict with other provisions of the Grant Agreement Documents, the provisions of this Article prevail. 12.9.1. Performing Party will comply with all requirements and rules adopted by the Office of the Governor of Texas pursuant to Section 391.009 Texas Local Government Code relating to the operation and oversight of Regional Planning 24 —182— Cornmicsions. These rules have been adopted as 1 TAC 3.9425 (formerly 1 TAC 5.86). 12.9.2. Performing Party will comply with all other requirements of 1 TAC 3.9425 with special attention to the following restrictions on the use of funds provided under this Grant Agreement: 12.9.2.1 Contracts with or employment of lobbyists 12.9.2.2 Lobbying activities by employees 12.9.2.3 Auto allowance of members of the governing body 12.9.2.4 Travel reimbursements at the state rate 12.9.2.5 Alcoholic beverages and entertainment 12.9.2.6 Classification salary schedules and appropriate exempt positions. TCEQ Review of Requests for Payment 12.10. In accordance with UGMS all payments by TCEQ to the Performing Party must be based on reimbursement of the Performing Party's actual costs incurred in performing the Work. 12.11. The TCEQ will review the request for payment and approve or reject it within a reasonable time. The TCEQ is not obligated to make payment until TCEQ has approved the request for reimbursement. 12.12. Upon request of the TCEQ, the Performing Party will provide any documentation necessary to support the allowability and eligibility of the costs. The TCEQ may reject request for payment and an invoice pending receipt of the requested. documentation. 12.13. If a request for payment does not satisfactorily demonstrate the accomplishment of the re liked tasks, or that costs are allowable, eligible, actual, and. incurred costs, the TCEQ will reject the request, including the invoice and voucher, until such time as the deficiencies have been corrected. Performing Party must make any revisions or provide any documentation required by the TCEQ for reimbursement. 12.14. The TCEQ may also reject a request for payment or suspend payment for any incomplete, inconsistent or incorrect services or reports as required by this Agreement until the Performing Party satisfactorily completes, revises, or corrects such services or reports. Payment by TCEQ of a request for payment does not constitute acceptance by TCEQ of any deliverable. 12.15. Notwithstanding any approval of request for payment, any funds received by the Performing Party in excess of actual costs must be returned to the TCEQ prior to the termination of the Agreement. 12.16. Failure onthe part of the Performing Party to comply with the conditions set forth in the Agreement Documents may be grounds for withholding funds and for termination of this Agreement for cause and revocation of any unexpended funds. Nothing in this Article • 25 —183— shall be construed to prevent the TCEQ or the Performing Party from exercising any of its rights under this Agreement including those relating to Termination and Remedies. 12.17. TCEQ may reject a request for payment where the Performing Party submits an invoice or Financial Status Report, or both, more than sixty (6o) days after the termination date of this Agreement. Interest Income 12.18 Interest income derived from any advance payments or over - reimbursement made by the TCEQ under this Grant Agreement shall be considered to be program income and disclosed to the TCEQ monthly. Any program income over $250 shall supplement this Grant Agreement and be used in a manner mutually agreed to by the Performing Party and the TCEQ under the terms of this Agreement. Contractual Costs 12.19. Performing Party's contractual costs must comply with allowable cost requirements of the Grant Agreement Documents and must be incurred pursuant to a written contractual agreement between the Performing Party and a vendor providing goods or services (or a subgrantee).. Duplication of Effort Prohibited 12.20. Ii addition to the funds provided to the Performing Party under this Grant Agreement, the TCEQ and other entities may provide funds to the Performing Party under a separate Grant Agreement so that funds of two or more grants are being rovided to a single activity of the Performing Party. Performing Party must monitor all activities to ensure that the grant funds complement one another and do not result in double payments for the same activity. Fixed - Amount Cost Reimbursement 12.21. If this Grant Agreement utilizes a pre - determined fixed- amount of reimbursement (only if authorized in the Grant Agreement Costs Budget), this amount is determined on the basis of an estimate of the Performing Party's actual costs of performing one or more of the following: 1) specified service(s) (tasks); or 2) specified service(s) (tasks) during a specified time period; or 3) providing specified good(s), or products. The Performing Party has provided the estimate of costs in its Funding. Application for this Grant Agreement. The TCEQ relies on the accuracy of that estimate to determine the fixed- amount of reimbursement. The Performing Party will provide supporting evidence to establish the accuracy of its estimate of actual costs. 12.22. During the term of this Agreement, the Performing Party will monitor its actual costs of performance and provide TCEQ with a report annually to confirm that the original estimate of costs remains accurate. If in fact that estimate exceeds the actual costs of performance, TCEQ may recover the excess amount paid by 1) rejecting all or part of any reimbursement requests by the Performing Party and retaining amounts sufficient for repayment; or 2) by demanding and receiving repayment of the amount from the Performing Party. TCEQ may also use any other remedies and sanctions available under this Grant Agreement. 26 —184— 12.23. The Performing Party has submitted a cost analysis as part of its Work Plan budget estimate. The Performing Party and the TCEQ acknowledge that this cost analysis is the basis upon which the costs for reimbursement have been calculated. Closeout 12.24. Within sixty (6o) days of the end of this Agreement, the Performing Party must submit all fmanciial, performance, and other reports as required as a condition of the Grant Agreement. Submission shall be in electronic format, either by electronic mail or on CD- ROM, where possible. These reports may include: 12.24.1. All performance or progress reports required by this Agreement. 12.24.2. Financial Status Report. 12.24.3. Final request for payment. 12.24.4. Invention disclosure (if applicable). 12.24.5. State -owned property report (if applicable). 12.24.6. Work Plan Reports summarizing the Performing Party's accomplishments with respect to the approved Work Plan and containing an outline of Work Plan tasks and projects that identifies the title of all deliverables completed in the course of the Grant Agreement. 12.24.7. As applicable a current single audit report for Councils of Government or Comprehensive Annual Financial Report for municipalities. 12.24.8. An explanation of how advance payments, if any, were utilized. 12.24.9. A compilation of all monthly progress reports submitted to TCEQ during the course of the Grant Agreement 12.25. Within ninety (9o) days of receipt of the reports set forth above, the TCEQ will make adjustments to the allowable and eligible costs based on the terms Performing the Party Agreement Documents. The TCEQ will make prompt payment g ty for allowable reimbursable costs. Closeout of the Grant Agreement does not affect: 12.25.1. The TCEQ's right to disallow costs and recover funds on the basis of a later audit or other review; 12.25.2. The Performing Party's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 12.25.3. Records retention as required; 12.25.4. Property management requirements; and 12.25.5. Audit requirements. 27 —185— 12.26. The Performing Party must may immediately Perfo refund rming Party take longer of aowable costs. in no case may than thirty (30) days to refund TCEQ. 12.27. .Any funds paid to a Performing Party in excess of the amount to which the Performing Party is finally determined to be entitled P der the terms of the o reasonable period debt after demand, the TCEQ may reduuce the debt by :mod to TCEQ • 12.27.1. Making an administrative offset against other requests for reimbursement; 12.27.2. Withholding advance payments otherwise due to the Performing Party, or 12.27.3. Other action permitted by law. 12.28 Except where overdue debt ideordanceat thshe UGMS. lions, the TCEQ will charge interest on Upon satisfactory completion of the Work performed, acceptance of Work, Work by the TCEQ, and prior to final payment under this Agreement prior Performing settlement upon termination of this Grant Agreement and as cicon ion, tahe of ing Party shall execute and deliver to the TCEQ a release of all payment funds due and payable by the TCEQ pursuant to the terms of this Grant Agreement. The release sbAll be conditioned upon payment of all fund amounts due and payable to the Performing Party under this Grant Agreement. The release is limited to o ed. oseorm claims that reasonably could have been foreseen at the time the is Party reserves the right to identify claims to be excluded. 12.30. The Performing Party shall provide to the TCEQ documentation showing all tasks that have been completed by the Performing Party. 12.31. The Performing Party agrees that the determination of satisfactory completion of any and all Work or other services performed or furnished under this Grant Agreement will be based on the judgment of the TCEQ, which will be exercised in a reasonable manner and in good faith. 12.32. Final Payment under this Grant Agreement or settlement upon termination shall not constitute a waiver of the TCEQ's claims against the Performing Party. Indirect Cost Rate 12.33. If the Performing Party requests reimbursement of indirect costs under this Agreement, TCEQ will pay only the rate established in one of the following methods, as described in UGMS: (1) the rate determined by the federal cognizant agency; (2) the rate determined by the entity's state coordinating agency; anc /or (3) the rate described in UGMS Attachment E, Paragraph E.2.e. ARTICLE 13. TERMINATION 13.1. This Agreement shall terminate upon full performance of all requirements, unless extended by formal written amendment. 28 -186— 13.2. This Agreement may be terminated in whole or in part by the TCEQ in the event of a material failure to comply with the Grant Agreement terms, in accordance with UGMS, provided that no such termination may be effected unless the other party is given: 13.2.1 not less e written. notice (delivered by certified mail, return receipt P requested) of intent terminate, and 13.2.2 an opportunity for consultation with the terminating party prior to termination. 13.3. This Agreement may be terminated in whole or in part in writing by the TCEQ for its convenience, in accordance with UGMS: Provided that the Performing Party is given not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate. Circumstances in which the TCEQ may terminate for convenience include, but are not limited to, the Texas Legislature's withdrawal of appropriations for this project. 13.4. If the TCEQ terminates the Grant Agreement for a material failure to comply with the Grant Agreement terms under Section 13.2 or the TCEQ terminates the Grant Agreement for convenience under Section 13.3, an adjustment in the Grant Agreement amount shall be made in accordance with UGMS. 13.5. Upon receipt of a termination action pursuant to Sections 13.2 or 13.3 above, the Performing Party shall: • 13.5.1. promptly discontinue all services affected (unless the notice directs otherwise), and 13.5.2. deliver or otherwise make available to the TCEQ all data, drawings, specifications, r , estimates, t d e m ateials as may-have been summaries, by th Performing Party in performing this Grant Agreement, whether completed or in process. 13.6. If, after termination for failure of the Performing Party to fulfill. Grant Agreement obl' ations, it is determined that the Performing Party had not so failed, the termination shall be deemed to have been effected for the convenience of the TCEQ. 13.7. If any delay or failure of performance is caused by a force majeure event as described in the force majeure Article of this Grant Agreemen the CEQ this may Ci is sole discretion terminate this Grant Agreement in whole or part pursuant Force Majeure 13.8. A force majeure event shall be defined to include decrees of or restraints by a governmental instrumentality, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. 13.9. Provided this Grant Agreement has not been terminated, and subject to the conditions below, if a delay or failure of performance by either party results from the occurrence of a force majeure event, the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event if, and to the extent that: 29 —187— 13.9.1. the delay or failure was beyond the control of the party affected and not due to its fault or negligence; and 13.9.2. the delay or failure was not extended because of the affected party's failure to use all diligence to overcome the obstacle or to resume performance immediately after the obstacle was overcome. 13.10. No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing, within a reasonable time after commencement of the event, of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the Performing Party intends to implement these measures. The party seelang relief shall also give written notice of the ending of the event within a reasonable time after the event has ended. 13.11. The TCEQ shall be responsible for costs related to a force majeure event only if they are incurred by the Performing Party after the prior written request by the TCEQ Project Representative to incur the costs in connection with a force majeure event. Neither the TCEQ nor the Performing Party shall have, and both waive, any claim for any damages • resulting from delays caused by force majeure events. ARTICLE 14. INSURANCE, LIABILITYAND INDEMNIFICATION 14.1 To THE EXTENT PERMITTED BY LAW, THE PERFORMING PARTY AGREES TO INDEMNIFY AND HOLD HARMLESS THE TCEQ AND ALL OF ITS EMPLOYEES AND OFFICERS AGAINST AND FROM ANY AND ALL LIABILITY, LOSS, OR DAMAGE ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. TO THE EXTENT THAT ANY ACI'I.VJTY CONDUCTED BY THE PERFORMING PARTY WITH FUNDS PROVIDED UNDER THIS AGREEMENT ENTAILS SIGNIFICANT RISK OF LOSS OR INJURY TO INDIVIDUALS AND THIRD PARTIES OR THEIR PROPERTY, THE PERFORMING PARTY WILL SECURE AND MAINTAIN INSURANCE SUFFICIENT TO PROTECT PERFORMING PARTY AND THE TCEQ, AND ITS EMPLOYEES AND OFFICERS AGAINST CLAIMS ARISING FROM THE CONDUCT OF SUCH ACITVITIES. 14.2 The Performing Party shall require its subcontractors and subgrantees to obtain and maintain, at their own expense, insurance as will protect the subcontractor, the Performing Party and the TCEQ, its employees, and its officers from all claims arising from the performance by the Performing Party's subcontractors or subcontractors' employees resulting from the functions and services required under thi4 Agreement, including workers compensation in accordance with Texas statutory requirements. Provision 4.3 is applicable to entities defined as a Regional Council of Government in Local Government Code Chapter 391. • 14.3. Performing g Party will purchase and maintain Directors and Officers insurance or equivalent insurance coverage or other financial assurance sufficient to protect the interests of the state in the event of an actionable act or omission by a director or officer of the Performing Party. ARTICLE 1.5. STANDARDS FOR THE PERFORMING PARTY'S PERFORMANCE 15.1 In accordance with Chapter 783 Texas Government Code, the TCEQ is required to monitor the Performing Party's performance under this Grant Agreement. The TCEQ shall perform: evaluations of the Performing Party's performance, the results of which 30 —188— may be a factor in acknowledges es that these evaluations are made on a subject n which Performing Party a g TCEQ and its officers and employees have an interest or duty, and are tmesteorodu the purpose of communicating with other persons having a corresponding ty. The TCEQ may provide this information to state agencies and upon request, to others. The Performing Party consents to the disclosure of any information or opinion contained in TCEQ 's the Texas Procurement and. Su posted on or in the TCEQ database or Texas State Comptroller's on or in the Texas Support agrees that following Party's vendor performance database. Therefore, the Performing Party a nce duat at t t the Grant are appropriate standards for the Performing arty P Agreement: 15.1.1. Timeliness of Work. Standard: Work is provided on schedule. 15.1.2. Quality of Work. Standard: the Performing Party's Work conforms to the requirements of the Grant Agreement and is technically accurate. 15.1.3. Subcontract Activities. Standard: Performing Party's subcontract and subgrant activities comply with all TCEQ Grant Agreement requirements regarding subcontracts especially competitive procurement methods for goods and services, use of requ and susubcontract nt provisions, and monitoring performance of subcontractors 15.1.4. Administrative and Financial Operations. Standard: obligations in m Performing Party's administrative and financial operations comply law and in the Grant Agreement n restricted especially expenditures. ord -k ing, reimbursement requests, audits, allowable costs, Grant Agreement Monitoring and Evaluation Report or and 15.2. In accordance with Chapter 783 Texas GovernrnentCodeTCEQ tmonit s and evaluate Performing Party's performance utilizing performance measures in this Agreement. TCEQ will prepare a cumulative written report of the evaluation upon termination or expiration of the Grant Agreement and also as frequently as determined appropriate by the TCEQ. 15.2.1. Within thirty (3o) days of receipt of the Annual Performance Evaluation, the Performing Party shall provide Information to the TCEQ concerning action(s) that will be taken to correct any deficiencies noted in the Annual Performance es Evaluation report. This response will include a schedule to bring any in the program activities up. to TCEQ standards and will identify- resources to accomplish necessary corrections. • 15.2.2. Within ninety (90) days after receipt of TCEQ comments or as recommended by the TCEQ, the Performing Party shall correct deficiencies and report to the TCEQ any deficiencies that cannot be corrected within the allocated time -frame. If the deficiencies are not corrected to the satisfaction of the TCEQ, in addition to other rights the TCEQ may have against the Performing Party, it may result in the TCEQ withholding payment to the Performing ineligible Party or futuree� program i activities and /or in the Performing Party becoming 31 -189- Evaluation of Substandard Performance 15.3. If the TCEQ evaluation finds the Performing Party's performance to be substandard, TCEQ may provide its written evaluation report to other governmental entities at any time. TCEQ may also provide its written evaluation report to the public as authorized by law. Schedule of Remedies available to the TCEQ 15.4. In accordance with Section 2261.101 Texas Government Code, the following Schedule of Remedies applies to this Grant Agreement in the event of substandard performance or other failure to conform to the requirements of the Grant Agreement or applicable law. The TCEQ may: 15.4.1. Reject substandard performance and request corrections without charge to the TCEQ. 15.4.2. Issue notice of substandard performance or other non- conforming act or omission. 15.4.3: Request and receive return of any over payments or inappropriate payments. 15.4.4. Reject reimbursement request and suspend payment pending accepted revision of substandard performance or non - conformity. 15.4.5. Suspend all or part of the Work or payments, or both, pending accepted revision of substandard performance or non - conformity. 15.4.6. Reject reimbursement request and withhold all or partial payments. Funds may be retained by the TCEQ for recovery of administrative costs or returned to funding source as authorized by agreements with the funding source and by state or federal law. 15.4.7. Terminate the Grant Agreement, demand and receive: return of all equipment purchased of Grant Agreement funds, return of all unexpended funds, and repayment of expended funds. Cumulative Remedies 15.5. TCEQ may avail itself of any remedy provided in this Grant Agreement or in law to recover any losses arising from or caused by the Performing Party's substandard performance or any non - conformity with the Grant Agreement or the law. The remedies available to TCEQ in this Grant Agreement shall not Jimit the remedies available to the TCEQ under law. 15.6. The duties and obligations imposed by these General Conditions and the rights and remedies available to the parties, and without limitation, the Schedule of Remedies, obligations imposed upon the Performing Party by these General Conditions, and all other rights and remedies available to TCEQ, are in addition to, and not a limitation of, any rights and remedies available to any or all of them otherwise imposed or available, by Laws or Regulations, by special warranty or guarantee or by other provisions of the 32 —190— i Grant Agreement Documents. The provisions of this paragraph will be as effective as if repeatetf specifically in the Grant Agreement Documents in connection with each particular duty, obligation, right and remedy. ARTICLE 16. TCEQ PROJECT REPRESENTATIVES The individuals identified below by title are the TCEQ's Project Representatives who are authorized to give and receive communications and directions on behalf of the TCEQ. All communications including all payment requests must be addressed to the TCEQ's Project Representatives or their designee. The TCEQ Project Representatives are the Director of the Air Quality Division and the Manager of the Air Modeling and Data Analysis Section. Their designees are identified below: Leigh Ann Brunson Grant Coordinator Texas Commission on Environmental Quality P.O. Box 13087 (MC -164) Austin, Texas 78711-3087 Phone: (512) 239 -1903 Facsimile: (512) 239 -1500 E -Mail: 1prunsonOtceq.state.tx.us Erik Gribbin Program Coordinator Texas Commission on Environmental Quality P.O. Box 13087 (MC -164) Austin, Texas 78711-3087 Phone: (512) 239 -2590 Facsimile: (512) 239 -1500 E- Mail. egribbin(tceq.state.tx.us ARTICLE 17. PERFORMING PARTY PROJECT REPRESENTATIVE The individual named below is the Performing Party Project Representative, who is authorized to give and receive communications and directions ll be addressed to the Performing Party Project t communications to the Performing Party Representative or his or her designee. Name: Peggy L. Seimner Title: Environmental Services Director Organization: City of Corpus Christi. Address: P.O. Box 9277 33 —191— City, Texas ZIP Code: Phone: Facsimile: E -Mail: Corpus Christi, TX 78469 -9277 (361) 826 -1868 Fax 826 -4578 PeggyS @cctexas.com ARTICLE 18. SUBMITTAL OF PAYMENT REQUESTS Payment requests must be submitted monthly to the TCEQ Project Representative designee. ARTICLE 19. DESIGNATED LOCATION FOR RECORDS ACCESS AND REVIEW The Performing Party designates the physical location indicated below for record access and review pursuant to any appheable provision of this Grant Agreement: Location: City of Corpus Christi Physical Address: Museum of Science and History 1900 N. Chaparral City, Texas Zip Code: Corpus Christi, TX 78469 ARTICLE 20. BUDGET Authorized budgeted expenditures under this Grant are as follows: Fiscal Year 2011 Air Quality Planning Grant Budget Grant Recipient (Performing Party) Grant Number 582 -11 -11223 • Budget Category FY 2011 Budget 1. Personnel /Salaries $36,540.00 2. Fringe Benefits $8,550.36 3. Travel $4700.00 4. Supplies $750.00 5. Equipment 6. Contractual $459,000.00 _ 7. Construction $800.00 S. Other Total Direct Charges (sum of 1 -8) $507,340.36 9. Indirect Charges $8,988.90 Total Funding Requested (Sum of 8 -9) $516,329.26 Dollar amounts related to each budget category are to be found in the Performing Party's Work Plan. 34 —192— ARTICLE 21. BUDGET CONTROL AND TRANSFERS Performing Party may, with TCEQ written approval, revise the amounts listed in the direct cost categories of the budget in Article 20. The Performing Party's written request shall include the reason for the request, a redline/strikeout version of the currently approved budget, a narrative of each fund transfer among the budget categories, and a description of how the budget transfers will change each Work Plan. When cumulative transfers among the categories exceed ten percent (io %) of the Total Budgeted Costs amount of each Work Plan, a formal written amendment is required. ARTICLE 22. SUBMITTAL OF PAYMENT REQUESTS DOCUMENTING ADVANCE PAYMENTS Payment requests (Financial Status Report Form 269a) or documentation of expenditures of an advance payment (using Financial Status Report Form 269a) must be submitted. monthly. ARTICLE 23. MISCELLANEOUS 23.1. Assignments. No party is bound by the assignments of another party, unless agreed to in writing. No assignment is a release against any responsibility under the Grant Agreement. 23.2. TCEQ and the Performing Party each binds itself, its partners, successors, assigns and representatives to the other party, its partners, successors, assigns' and representatives to all agreements and obligations in the Grant Agreement. 23.3. Any provision of the Grant Agreement Documents held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding. TCEQ and the Performing Party agree that the Grant Agreement shall be reformed to replace the stricken provision with a valid and enforceable provision expressing the intention of the stricken provision. 23.4. The Performing Party acknowledges and agrees that because this Agreement has been executed, and will be administered in Travis County, Texas, the Agreement is to be performed in said county. The Performing Party acknowledges and agrees that any permissible cause of action involving this Agreement will arise solely in Travis County. If a legal action related to this claim is permissible and there are two (2) or more counties of proper venue under the rules of mandatory, general, or permissive venue, and one such county is Travis County, the Performing Party agrees to venue in Travis- County. This provision does not waive TCEQ's sovereign immunity. Claims 23.5. Should TCEQ or the Performing Party suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute •of limitations or repose or sovereign immunity. 35 —193— 23.6.. Whenever reference is made to "claims, costs, losses, and damages," it shall include in each case, but not be limited to, all fees and charges of TCEQ, architects, attorneys and other professionals and all court and or other dispute resolution costs. Sovereign Immunity 23.7. The parties agree that this Agreement does not waive the State's sovereign immunity relating to suit, liability, and the payment of damages. No TCEQ personnel or agents are authorized to waive sovereign immunity by accepting, on behalf of TCEQ, goods or services which are not required under the Grant Agreement Documents or any conforming amendment. The parties further agree that all claims, suits or obligations arising under or related to this Agreement are subject to and limited to the availability of funds appropriated by the Texas Legislature for that respective claim, suit, or obligation. Notification 23.8. The parties agree that any notice concerning a change in the designated Project Representative or their designee(s), a delay in the Work or the termination of the Agreement should be sent by certified mail to the other party's designated Project Representative and their designee(s). Headings 23.9. All headings and labels in the Agreement are for the purposes of orgArd7ation and labeling; these headings shall not affect the meaning or interpretation of this Grant Agreement or any of its provisions. Attachment A . Financial Status Report and TCEQ Supplemental Financial Status Report Forms t STATE AGENCY ORGANIZATION TO WHICH REPORT IS SUBMITTED: 2. GRANT /CONTRACT TITLE: RIDER 8 LOCAL AIR QUALITY PLANNING GRANT 1 "y TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RIDER 8 AIR QUALITY PLANNING GRANT PROGRAM FINANCIAL STATUS REPORT -- FORM 269a LEIGH ANN BRUNSON, TCEQ AIR QUALITY DIVISION MC 164, P.O. BOX 13067, AUSTIN TX 78711- 30B7 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS INCLUDING ZIP CODE) 5. TCEQ CONTRACT NUMBER: 6. FINAL REPORT 7. ACCOUNTING BASIS: 8. TOTAL PROJECT/GRANT PERIOD: FROM 10. BUDGET CATEGORIES YES A. PERSONNEUSALARY B. FRINGE BENEFITS C. TRAVEL D. SUPPLIES E. EQUIPMENT F. CONTRACTURAL G. CONSTRUCTION H. OTHER NO CASH TO: I. TOTAL DIRECT COSTS (sum A -H) J. INDIRECT COSTS ACCRUAL APPROVED BUDGET 9. PERIOD COVERED BY THIS REPORT: FROM: PROJECT COST THIS REPORT* TO: CUMULATIVE PROJECT COST BALANCE*` K. TOTAL (sum I and J) * List (itemize) an the appropriate supplemental form, all component expenses comprising the total cost for each of these categories. Please attach receipts, as required, in accordance with the conditions of your contract. ** Negative balances in any of the budget categories should be explained In a brief accompanying narrative. 12. INTEREST EARNED 11. ADVANCED FUNDS A. INTEREST EARNED THIS PERIOD: A. FUNDS ADVANCED THIS PROJECT: E. ADVANCED FUNDS SPENT THIS PERIOD: C. ADVANCED FUNDS SPENT PREVIOUSLY: D. ADVANCED FUNDS REMAINING: 13. CERTIFICATION: I CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THIS REPORT IS CORRECT AND COMPLETE AND THAT ALL OUTLAYS AND UNLIQUIDATED OBLIGATIONS ARE FOR THE PURPOSES SET FORTH IN THE AWARD DOCUMENTS. SIGNATURE OF AURTHORIZED OFFICIAL TYPED /PRINTED NAME AND TITLE B. INTEREST PREVIOUSLY EARNED: C. CUMULATIVE INTEREST EARNED: TELEPHONE (Area code, number, and ext.) DATE SUBMITTED: TCEQ FORM 20246 REVISED (03/2010) - Page 1 of 6 38 -196- ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) NUMBER PURCHASED ITEM DESCRIPTION (Should match description s rovided for approval) UNIT TOTAL COST L COST TASKS TOTAL CONTRACTUAL EXPENDITURES (must agree with Tine 110f on Form 20248) $ TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 20248) $ CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR COST (THIS PERIOD) TASKS TOTAL CONTRACTUAL EXPENDITURES (must agree with Tine 110f on Form 20248) $ * LEGIBLE PURCHASE ORDER AND /OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. TOED FORM 20248 REVISED (03 /2010) - Page 2 of 39 —1 9 7— ITEMIZATION OF CONSTRUCTION COSTS CONSTRUCTION COSTS (during this report period) TOTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 20248) *LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES. TCEQ FORM 20248 REVISED (05/2010) - Page 3 of 6 L ITEMIZATION OF SUPPLY AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER PURCHASED ITEM DESCRIPTION Should match descri Pion rovided for a rovai UNIT COST TOTAL COST LTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 20248) TASKS OTHER EXPENDITURES (during this report period) NUMBER PURCHASED DESCRIPTION UNIT TOTAL COST COST TASKS TOTAL OTHER EXPENDITURE (must agree with line 10h on Form 20248) J *LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL OR EXCEED $500. TCEQ FARM 20248 REVISED (0312010) - Page 4 of 8 41 -1 9 9- ITEMIZATION OF PERSONNEL /SALARY AND TRAVEL COSTS PERSONNEL /SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLE /POSITION SALARY (THIS PERIOD TASKS TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 20248) $ TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST (THIS PERIOD TASKS OTAL TRAVEL EXPENDITURES (must agree with line 10c on Form 20248) $ * SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM TCEQ FORM 20248 REVISED (03/2010) - Page 5 of 6 42 L Financial 8tatus Report Preparation Instructions The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, a completed, legible TCEQ Financial Status Report (TCEQ Form 20248) and any required TCEQ Supplemental 20248 forms. Unless directed otherwise in the Contract, the PERFORMING PARTY shall submit such payment request documents by not later than twenty-one (21) days after the close of each state fiscal year quarter. The reporting periods shall also correspond to the State of Texas fiscal year quarters (September- November; December - February, March -May; June - August). Each Financial Status Report shall indicate, for each budget sub - category the PERFORMING PARTY'S project expenditures for the period in question, the cumulative expenditures with respect to each budget sub - category, and the balance remaining in each budget sub - category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -1 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248 4, legible documentation that (i) serves to further identify the specific piece of equipment received or the services provided, (2) clearly identifies the vendor or subcontractor who provided the equipment or services, and (3) that confirms the reimbursable amount listed on the form. In the case of equipment purchases, the attached . documentation shall be either a purchase order marked "received /paid" or a vendor - submitted invoice similarly marked. In the case of subcontractor provided services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. All requests under this Contract for the reimbursement of expenditures that fall within the "Construction" category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -2 and identified with respect to the major tasks or objectives, set forth in the Scope of Worlc, that such expenditures support or satisfy. In addition, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248 -2, legible documentation that (i) serves to further identify the specific cost, (2) clearly identifies the vendor or subcontractor who provided the construction related materials or services, and (3) that confirms the reimbursable amount listed on the form. The attached documentation shall be either a purchase order marked "received /paid" or an invoice similarly marked. In the case of subcontractor provided construction services, the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any "past due" amount from previous invoices. 4. All requests for the reimbursement of expenditures that fall within either the "Supply" or "Other" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -3 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. In addition, for any single -listed item or service costing more than $soo, the PERFORMING PARTY shall attach, for each reimbursable cost listed on Supplemental Form 20248 -3, legible documentation that (i) serves to further identify the specific items or services, (2) clearly identifies the vendor or subcontractor who provided the items or services, and (3) that confirms the reimbursable amount listed on the form. .Although issued purchase orders and /or invoices marked "received /paid" represent the preferred types of documentation for purposes of this section, the PERFORMING PARTY may substitute /attach other records or documents that provide the same type of information. The PERFORMING PARTY shall not intentionally break up single orders of identical or similar items, materials or supplies simply for the purpose of avoiding the above requirement to provide confirming documentation when submitting reimbursement requests to the TCEQ. 5• All requests for reimbursement of expenditures that fall within either the "Personnel /Salary" or "Travel" categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248 -4 and identified with respect to the major tasks or objectives, set forth in the Scope of Work, that such expenditures support or satisfy. .Although no supporting documentation is required to be attached to Supplemental Form 20248 -4 with respect to reported "Personnel /Salary" expenditures in order to receive reimbursement, the PERFORMING PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, all costs listed on Form 20248 -4 must be supported by attached documentation that identifies the name of the traveler's, and that substantiates the reported reimbursable costs. Documentation, for the purpose of substantiating travel- related costs, includes the following: (1) legible copies of the PERFORMING PARTY- approved travel vouchers, signed by the employees who traveled, and (2) for any travel- related expenses under this contract borne directly by the PERFORMING PARTY (and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required) separate receipts showing, at a minimum, the traveler's name, the travel location, and the travel date(s). 6. When a single expenditure supports or satisfies more than one task or objective, the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order, the various tasks or objectives supported. 3. Form. Instructions - Page 6 of 6 43 -20 1 - Attachment B Fiscal Year 2011 Work Plan City of Corpus Christi Fiscal Year 2011 Rider 8 Phase 11 Work Plan Effective Date through August 31, 2011 The City of Corpus Christi (hereby referred to as the "Performing Party ") working in collaboration with the Texas Commission on Environmental Quality and subcontracting to the University of North Texas, and the Texas A &M University - Corpus Christi Pollution Prevention Partnership submits the following work plan. Task 1: Update Conceptual Model through the 2010 Ozone Season The Performing Party, subcontracting to the University of North Texas shall identify necessary and sufficient conditions for high or exceeding ozone measurements in their program area (defined as the immediate statistical area plus adjacent counties) of the ozone National Ambient Air Quality Standards (NAAQS). The Performing Party's analyses shall include any seasonal variations and use data through 2010 to the extent possible. In particular, the Performing Party's conceptual model will include the following analyses: • Evaluate the wind speeds, directions and time of day associated with high ozone events to determine the local conditions and source alignments most frequently associated with high ozone events. • Develop 24 hour back trajectories to determine source regions most (and least) likely to affect local area ozone. • Conduct a weekday /weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity on their area; • Evaluate the range and average background ozone concentrations associated with local wind directions; • Investigate ozone and precursor trends and estimate the annual frequency of high ozone days at varying standard levels (above); and • Address additional relevant questions listed in Section 11.1.1 of EPA's ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment of Air Quality goals for Ozone, PM2.5, and Regional Haze. Deliverable: The Performing Party shall deliver an updated Conceptual Model containing analysis of monitoring and other data through 2010. The conceptual model shall be delivered to the TCEQ in a Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) format. Accompanying data and other supporting material shall be provided in a mutually agreeable electronic format. Deliverable Date: June 15, 2011 Cost: $10,000.00 Fi na I CC_Pha se2workpla n 201012001 1 —203— Task 2: Ambient Monitoring Projects 2.1 The Performing Party shall continue to collect and deliver any routine, hourly ambient monitoring data to the TCEQ in Austin (through the LEADS) collected in Phase I. In order to provide accurate, quality assured data for modeling efforts and to track movement of pollutants, the Performing Party shall operate the ambient air monitoring sites as listed in Table 1: Ambient Air Monitoring Sites to be Operated by the Grant Recipient. The geographical location of the monitoring sites is shown in Figure 1. Table 1. Ambient Air Monitoring Sites to be Operated by the Grant Recipient LOCATION (ADDRESS) EQUIPMENT (INSTRUMENTS) START DATE END DATE Holly Road site (CAMS 660) - Water pumping station operated by the City of Corpus Christi located in the growing suburbs of the south side of the City. Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Effective Date April 1, 2011 November 1, 2010 August 31, 2011 Aransas Pass site (CAMS 659) - Wastewater treatment plant operated by City of Aransas Pass and in cooperation with the San Patricio Water District. A coastal location to the NE of Corpus Christi. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Effective Date April 1, 2011 November 1, 2010 August 31, 2011 Violet site (CAMS 664) - Pumping station located west of Corpus Christi. Rural location surrounded by open field for several miles. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Effective Date April 1, 2011 November 1, 2010 August 31, 2011 Fin a ICC_Phasezworkpla n 201012001 2 —204— Odem site (CAMS Teledyne API 400E ozone 686) - Pumping station operated by San Patricio analyzer, F460 wind sensors, Coastal environmental Effective Date November 1, 2010 Water District. Atmospheric April 1, 2011 Rural location NW of Corpus Christi. Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. August 31, 2011 SAN PATRICIO COUNTY CAMS 686 (Odem) CAMS 659 (Aransas Pass) 4' L CAMS 21 CAMS 664 (Violet) _ -�--- A CAMS 04 NUECES COUNTY CAMS 660 (Holly road) Legend A TAMUK monitoring sites • TCEQ monitorings sites 0 3.75 7.5 15 Miles 1 1 1 1 1! 1 1 1 FinalCC_Phase2workplan201012001 3 -205- Figure 1. Air monitoring sites in the Corpus Christi Urban Airshed. The data will be transferred regularly to the TCEQ's Leading Environmental Analysis and Display System (LEADS) data system as specified in Table 1. These monitor sites are described in the enhanced monitoring proposal delivered as a part of Rider8 FY2008 -2009. The Performing Party shall operate four of these monitoring sites April 1 until October 31. This contractor -owned transfer standard will be calibrated according to TCEQ specifications, policies and procedures in the TCEQ's NAMS /SLAMS Network and U.S. Mexico Border Support Activities Quality Assurance Project Plan for Air Monitoring in Texas. These requirements are based on requirements found in the code of Federal Regulations (CFR) 40, Parts 50, 53, and 58. See URL http://www.epa.gov/docs/epacfr40/chapt-Linfo/subch-C.htm Deliverable: Ambient monitoring data collected at monitoring sites described in the Phase II work plan delivered to TCEQ's LEADS. Deliverable Date: Continuously between September 1, 2010, and November 1, 2010 and April 1, 2011, and August 31, 2011, or as soon as practical. Cost: $98,000.00 Task 3: Emissions Inventories Improvement 3.1 The Performing Party shall implement emissions inventory improvements for any non -road sources for which improvement plans were developed in the FY 2010 work plan (Task 3.2). Project 1: Marine Diesel Engine Emissions (Ships & Barges) The Performing Party shall implement emissions inventory improvements for anthropogenic marine emission sources for which improvement plans were developed in the FY 2010 work plan. The main aim of this project will be to update the marine diesel engine emissions from ocean -going vessels and barges in the Port of Corpus Christi. The emissions calculations will be primarily based on the vessel traffic data provided by the Port of Corpus Christi Authority (POCCA), ship information from Lloyd's Register of Ships at the Port of Corpus Christi, and methodologies adopted in a study conducted by Environ Corp. for EPA (USEPA, 2002). The emissions from barges traveling in the Intracoastal Waterway in the Airshed (ICWWA) will also be calculated using the methodology adopted by a study conducted by Eastern Research Group & Starcrest Consulting Group for HARC (Wells and Baker, 2003). The data used for emission calculations will be based on the 2008 activity of ships and barges that will be obtained from the Port of Corpus Christi. FinaICC_Phase2workplan201012001 4 —206— Project 2: Pleasure Craft Emissions The Performing Party shall implement emissions inventory improvements for pleasure craft emissions for which improvement plans were developed in the FY 2010 work plan. The 2008 pleasure craft emissions will be calculated by executing the EPA developed NONROAD2008a model. The boat usage activity and population in each county will be determined based on data obtained from Texas Parks and Wildlife (TP &W) for each county during 2008. Project 3: Aircraft Emissions (Commercial & General Aviation) The Performing Party shall implement emissions inventory improvements for commercial aircraft and general aviation emissions for which improvement plans were developed in the FY 2010 work plan. The Federal Aviation Authority (FAA) approved Emissions and Dispersion Modeling Systems (EDMS) model version 5.1.2 will be used for estimating the emissions from this source category. The activity information on annual landing and take -off (LTO), annual hours of ground support equipment (GSE), and stationary sources will be obtained from the Corpus Christi International Airport (CCIA) for emissions estimation using the EDMS model. Project 4: Other Major Non -Road Sources The Performing Party shall implement emissions inventory improvements for other major non -road emissions for which improvement plans were developed in the FY 2010 work plan. The 2008 non -road emissions from construction equipments, agriculture equipments, industrial equipments and locomotives will be estimated by executing the EPA developed NONROAD2008a model. The inputs on equipment population and activity for NONROAD2008a model will be obtained from the Texas NONROAD (TexN) model default estimates. The Performing Party will also obtain the actual population and activity for the non -road sources from agencies including Texas Department of Transportation, Port of Corpus Christi, City of Corpus Christi, and Naval Air Station in Corpus Christi. Any differences between the actual and default (TexN model) population and activity will be updated and reported to TCEQ. The emissions will be recalculated based on the updated population and activity data. Deliverable: The Performing Party shall prepare a report documenting the emissions inventory improvement projects and providing the information necessary to update TCEQ modeling files. The report will describe the steps taken, any significant deviations from the previously developed plan, and any background the Performing Party feels is relevant to the project. The Performing Party shall provide the report in Microsoft Office Word and Adobe Acrobat 'Reader ( *.pdf) formats. Any supporting data or information shall be provided in like format or in a format agreed to by the TCEQ and the Performing Party. Deliverable Date: July 1, 2011 Cost: $28,500.00 Fina]CC_Phase2workplan201012001 5 —207— 3.2 The Performing Party shall review the Point, Area, and Non -Road portions of the 2008 National Emissions Inventories provided for each area by the TCEQ. The Performing Party shall identify additional significant source categories not identified in FY 2010 that it believes to be under or over estimated, accompanied by high levels of uncertainty, or where the Performing Party believes it can provide additional or more detailed emissions inventory input at a sub- county level of analysis. Deliverable: The inventory review shall be delivered to the TCEQ in a Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) format. Any supporting data or information shall be provided in like format or in a format agreed to by the TCEQ and the Performing Party. Deliverable Date: July 15, 2011 Cost: $15,000.00 3.3 The Performing Party shall work with the TCEQ to insert improved local non - road emissions inventory data (from Task 3.1 of this Work Plan) in to the 2008 baseline and future year emissions inventories for the selected photochemical modeling episode. The Performing Party shall thoroughly document their efforts. Deliverable: The Performing Party shall assist the TCEQ staff in preparing improved local emissions inventory information for entry photochemical modeling emissions inventories. Deliverable Date: August 1, 2011 Cost: $28,500.00 Guidance Documents: 1. Documentation for Aircraft, Commercial Marine Vessel, Locomotive, and Other Non -Road Components of the National Emissions Inventory, Vol. I, E.H. Pechan & Associates for EPA, EPA Contract No. 68 -D -02 -063, September 2005. 2. Documentation for the Final 2002 Nonpoint Sector (Feb 06 Version) National Emission Inventory for Criteria and Hazardous Air Pollutants, E.H. Pechan & Associates for EPA, EPA Contract No. 68 -D -02 -063, July 2006. 3. Non -Road Assessment Tool and Estimator (NATE) User's Guide, Eastern Research Group for TNRCC, Work Order #34730 -17, August 2001. 4. 2008 National Emissions Inventory, Emissions Inventory System Implementation Plan, EPA, December 2008. 5. NONROAD Model, Modeling and Inventories, http : / /www.epa.00v /oms /nonrdmdl.htm , US EPA, accessed November 5, 2009. 6. EGAS Version 5.0, Technology Transfer Network Economics & Cost Analysis Support, http:/ /www.epa.gov /ttnecasl /egas5.htm , US EPA, accessed November 5, 2009. FinaICC Phase2workplan201012001 6 —208 -- 7. Written Amendments, and other documents amending, modifying or supplementing the Contract Documents pursuant to the General Conditions. Task 4: Air Quality Modeling Planning for FY2011 During the Phase II period (September 1, 2010 through August 31, 2011), the TCEQ and the Performing Party will be engaged in several photochemical modeling activities designed to advance the Texas State Implementation Plan (SIP). The goal of these Phase II activities is to prepare both a working June 2006 base case ozone episode and a 2008 baseline scenario of this base case. Some of the steps involved in reaching this goal may include, but are not limited to: Primarily Responsibility of the TCEQ: 1. Completing performance evaluations of the Weather Research and Forecasting (WRF) meteorological modeling; 2. Producing meteorological modeling optimized for inland and coastal areas; 3. Developing and /or modifying 2006 meteorological and emissions inputs for an alternative modeling domain; Primary Responsibility of the Performing Party with Oversight of the TCEQ: 4. Developing a photochemical modeling protocol appropriate for submittal as part of a Texas SIP revision based on a revised eight -hour ozone standard; 5. Improving and upgrading modeling emissions inventories for the 2008 baseline scenario of this ozone episode; 6. Investigating model performance of the 2006 base case ozone episode; Primary Responsibility of the Performing Party: 7. Investigating possible sources of ozone transported into a particular nonattainment area along with the formation of ozone within the area based on precursor emissions; 8. Investigating model sensitivity to broad changes in precursor emissions using tools such as Anthropogenic Precursor Culpability Assessment (APCA), Ozone Source Apportionment Technology (OSAT), or High -order Decoupled Direct Method (HDDM); and 9. Evaluation of potential local voluntary or mandatory control strategies. During Phase II, the TCEQ will continually work to develop the overall photochemical modeling episode and periodically deliver updates to the Performing Party via Internet, FTP site, or disk drive (for large files) provided by the Performing Party. Steps 1 -3 will be the primary responsibility of the TCEQ while steps 7 -9 will be the primary responsibility of the Performing Party FinaICC_Phase2workpla n201012001 7 —209— within available resources. Steps 4, 5, and 6 will be primarily a Performing Party responsibility with significant oversight by staff at the TCEQ. The Performing Party is encouraged to perform appropriate modeling sensitivities which may include APCA runs, OSAT runs, HDDM runs, or source category sensitivities which may provide the Rider 8 areas and the TCEQ with preliminary information regarding the more efficient control strategies to pursue. The use of "zero out" runs whereby anthropogenic precursor emissions are eliminated over large geographic areas is discouraged. There are several guidelines that the Performing Party shall adhere to. First, in applying the photochemical model, the Performing Party may not analyze or model control strategies unless they meet the following criteria: 1. The geographic applicability is limited to the Performing Party's program area; and 2. The control strategy is either voluntary or can be implemented under a political subdivision's existing legal authority. Second, because the TCEQ's staff resources are limited, the Performing Party should expect that technical assistance will be limited to answering specific questions from experienced users of EPS3, CAMx, WRF, LINUX operations systems, and LINUX systems management. Staff from the TCEQ will not be available to provide comprehensive assistance to inexperienced users of EPS3, CAMx, WRF, and LINUX. Third, distribution of multiple and /or large size modeling files to the Performing Party shall require a hard drive shipped and provided at the Performing Party's expense and formatted for Linux operating systems. Fourth, the TCEQ will not reimburse the Performing Party for any use of photochemical modeling episodes developed for periods prior to 2005. Deliverable: The Performing Party shall document its photochemical modeling activities as part of its regular monthly progress report. The Performing Party shall include any important analyses and results from its inventory development and photochemical modeling work. The Performing Party shall provide the report in Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) formats. Any supporting data or information shall be provided upon request in like format or in a format agreed to by the TCEQ and the Performing Party. For emission inventory and /or modeling file improvements, the Performing Party shall provide all "upstream" inputs in an appropriate electronic format so that suggested changes can be readily replicated and incorporated by the TCEQ staff. Deliverable Date: August 31, 2011 Cost: $79,000.00 FinaICC _,Phase2workpian201012001 8 —210— Task 5: Planning and Outreach 5.1 The Performing Party, subcontracting with Texas A &M University, Pollution Prevention Partnership, shall establish stakeholder groups or committees that include local governments, businesses, citizens groups, and environmental groups. The purpose of these stakeholder groups shall be(to the extent the Performing Party determines appropriate) to foster community participation in local ozone reduction efforts, review technical work, serve as source of information of ideas in developing local ozone reduction efforts. The Pollution Prevention Partnership will continue its work with advisory and stakeholder groups for the purpose of broad -based review, input and probable emissions reductions impact of local control efforts that seek to reduce ozone emissions. Key stakeholders have been and will continue to be identified and recruited to participate in Pollution Prevention Partnership groups that serve to identify, recommend and develop local control strategies that will be effective in reducing air pollution in the Corpus Christi airshed and strive for Corpus Christi to be recognized as "attainment" with the National Ambient Air Quality Standards (NAAQS) for ozone. Groups and committees will foster community participation in local air pollution reduction efforts, review technical work, participate in strategic planning, and be a source of information for ideas to develop local air pollution reduction program goals, objectives and deliverables. The Pollution Prevention Partnership chairs and coordinates the Corpus Christi Air Quality Group. The Corpus Christi Air Quality Group is made up of a broad representation of the community including governmental officials, city staff, county staff, medical personnel, large and small business representation, large and small facility operators, military base representatives, TCEQ Region 14 and Small Business and Environmental Assistance Division (SBEA) representation, universities, TxDOT, Regional Transit Authority, and more. The Pollution Prevention Partnership recruits representatives to participate in the air quality group on an on -going basis. All Pollution Prevention Partnership activities are reviewed and discussed by the group including meaningful impact of proposed efforts, workplan development, program identification, development and delivery, partner development, message point and venue development, etc. The group provides input to the Pollution Prevention Partnership for program definition and delivery for the above described activities and also receives reports from the Pollution Prevention Partnership regarding implementation status of each defined task. A copy of the contact list for the Corpus Christi Air Quality Group is attached (Attachment B To Work Plan). In addition to the Corpus Christi Air Quality Group, the AutoCheck program also has an AutoCheck advisory Committee. This committee is made up of Port Industry representatives, City staff and TCEQ Region 14 and SBEA staff. Meetings are held on an as needed basis. Typical topics of meetings include resources for technical assistance for AutoCheck equipment, partner sites to host AutoCheck events, message points to promote events, proposed audiences for AutoCheck events, and communication tools to reach the suggested audience. A copy of the contact list for the AutoCheck Advisory Committee is attached (Attachment C To Work Plan). FinaICC_Phase2workplan201012001 9 —211— The Pollution Prevention Partnership participates in monthly meetings of the Corpus Christi Chamber of Commerce Infrastructure Group. This group is made up of Port of Corpus Christi representatives, industry representatives, City staff, County staff, Chamber of Commerce representatives, TxDOT, TCEQ, and MPO representatives. Monthly meetings discuss regional infrastructure and transportation planning needs. Pollution Prevention Partnership participation in the meetings include air quality impact and air quality mitigation tools for each discussed transportation project or planned project. A copy of the contact list for the Chamber of Commerce Committee is attached (Attachment D To Work Plan). The Pollution Prevention Partnership participates in monthly meetings of the City of Corpus Christi Bicycle and Pedestrian Transportation Advisory Committee. The group acts as an advisory to City staff including street maintenance, traffic engineering, city zoning, and planning to encourage and facilitate the use of alternate modes of transportation of bicycling and walking. The Pollution Prevention Partnership makes presentations and seeks input each month to one or more community groups such as Rotary, Kiwanis, Corpus Christi Regional Economic Development Board, City of Corpus Christi City Council, Nueces County Commissioners, Corpus Christi Community Advisory Group, Long Term Health Group, elementary, middle and high school students, and more. Each presentation informs the audience about air quality status and trends, emission reduction recommendations, and access to emission reduction programs. The presentations also include input requests of the audience regarding understandability of information, do- ability of recommendations, and access to emission reduction tools. Each advisory group will be notified of postings to the Pollution Prevention Partnership website of Pollution Prevention Partnership monthly activity reports. Deliverable: A section of the monthly progress report to TCEQ that includes: • List of meetings attended and stakeholders present • Copies of meeting agendas • Copies of presentations • Overview of issues, plans and "next- steps" discussed at meetings and presentations • Input received from group Deliverable Date: The Performing Party shall document project activity on a monthly basis through the monthly progress reports required in Task 6 of this work plan. A final delivery of materials shall be provided no later than August 31, 2011. Cost: $10,000 5.2 The Performing Party shall maintain a public web site to facilitate public access to air quality information and the technical or outreach efforts undertaken by 10 —212— FinaICC_Phase2workplan201012001 the Performing Party. The Performing party shall document traffic on its website by counting the number of times the web site is "hit" (viewed) each month. Deliverable: The Performing Party shall produce and /or maintain a working web site open to the general public on the Internet as well as information documenting web site traffic. The Pollution Prevention Partnership will provide for the public, a continuously maintained and updated website. The Pollution Prevention Partnership will design and develop the site, provide monthly maintenance, monthly posting and updating to the site, and monthly notifications to the community and advisory groups about website updates. • A website located on the Texas A &M University Corpus Christi site of www.ta mucc.edu • Monthly design, activity tracker, updates and maintenance to site • Daily posting to site of local ozone forecast Website will contain: • All monthly reports to TCEQ describing all monthly activities for all tasks • Color copies of all printed brochures or advertisements, magazines or other publications loaded on site • Copies of outreach /public awareness documents or presentations given to public, civic, or private organizations loaded on site; • Information on Pollution Prevention Partnership programs and emission reduction recommendations for the general public loaded on site • Information on AutoCheck events and participation opportunities loaded on site Deliverable Date: Continuously with monthly web traffic updates Cost: $10,000 5.3 The Performing Party shall begin implementation of the Auto Check vehicle emissions reduction program. The AutoCheck implements emission reductions via outreach and public awareness, from a known source of ozone precursors in Corpus Christi - mobile sources. AutoCheck is a vehicle emissions sensing and reduction program that informs the community about the impact their vehicle has on air quality, informs motorists if their vehicles are polluting, and provides the tools and resources to reduce vehicle emissions. Mobile source emissions from vehicles are a significant contributor to ozone precursors in Corpus Christi. In many cases, individuals do not know that their vehicles are polluting, and they perceive emission testing as onerous and inconvenient. AutoCheck eliminates these obstacles by providing the resources necessary to conveniently identify a motorist's emissions, inform them if their vehicle is polluting and assist them with repair services should their vehicle be identified as polluting. AutoCheck will be a continuous presence in the community through car care clinics, employer - employee events, health fairs, science fairs, community events and other public opportunities. Vehicle FinaICC_Phase2workplan201012001 11 —213— operators will be informed about the cost savings as well as the air quality impact associated with a well- maintained vehicle. AutoCheck tests vehicle emissions for hydrocarbons, carbon monoxide, carbon dioxide, and nitrogen oxides. Emission testing is performed at various community events and all events are free and open to the public. As motorists enter an AutoCheck event, they receive information about the clean air benefit of a well maintained vehicle. Vehicles are screened for emissions via either a remote sensing system or tail -pipe probes. If a vehicle is initially tested as polluting, vehicle emissions are re -read, emission levels noted, and a voucher provided for emission causing diagnosis and repair. Polluting vehicles will be identified and serviced or repaired to "clean" standards by contracted garages utilizing LI mechanics. Once the vehicle is repaired, post repair emissions are documented and recorded onto the AutoCheck cumulative pre and post repair emissions database. Deliverable: • AutoCheck events as feasible based on repair expenses • List of AutoCheck events, number of cars screened, number of passing vehicles and number of failing vehicles provided in monthly report • Spread sheet reflecting pre and post repair emissions for each vehicle repaired provided in monthly report • Itemized costs of repairs associated with each repaired vehicle provided in monthly report • Cumulative emissions reductions per year provided in monthly report Deliverable Date: The Performing Party shall document project activity on a monthly basis through the monthly progress reports required in Task 6 of this work plan. A final delivery of materials shall be provided no later than August 31, 2011. Cost: $155,000 5.4 The public outreach projects will implement programs that educate the community about air quality; including the impact individual choices have on air quality, recommendations for alternative choices that minimize air quality impact, and ozone action day messages. This task will be accomplished through a continuous community presence of the Pollution Prevention Partnership and its air quality messages via briefings of the media as well as coordination and participation in numerous interviews, community events, air quality curricula provided to area schools, presentations to community and civic groups, and other public presentation and outreach opportunities. Deliverable: • Table listing each task below, along with its associated quantity per year. This should show the number of tasks accomplished to date, and the number remaining per the work plan... • 1 community -wide clean air event FinalCC_Phase2workp la n 201012001 12 —214— • 6 formal media briefings about individual contributions to air quality and emission reduction strategies • 1 meteorologist briefing about individual contributions to air quality and emission reduction strategies • 6 business leader briefings about individual and business contributions to air quality and emission reduction strategies • Clean Air curricula delivered to K -12 teachers • 1 clean air science fair at area high school • 6 presentations to local business and civic groups about individual contributions to air quality and emission reduction strategies • A minimum of 6 television, and 6 newspaper stories about individual contributions to air quality • Ozone action day messages on overhead highway signs for each called Ozone Action Day • Ozone action day messages on television stations and newspaper for each called Ozone Action Day • Copies of public presentations, audience presented to, number of people in audience and content of presentation provided in monthly report Deliverable Date: The Performing Party shall document project activity on a monthly basis through the monthly progress reports required in Task 6 of this work plan. A final delivery of materials shall be provided no later than August 31, 2011. Cost - $25,000 Task 6: Administration Activities The Performing Party shall perform all support necessary to ensure that all grant requirements are met and that the Work is completed in a timely manner with sufficient quality. This may include, but is not limited to providing general supervision for grant activities, administering sub - contracts, submitting reports and invoices, facilitating and /or attending meetings for stakeholder groups or other planning entities. The Performing Party shall summarize its activities in a monthly progress report described below. Deliverable: The progress report and monthly invoices shall document, in sufficient technical detail and by task, the accomplishments, expenditures, and milestones achieved during the prior thirty (30) days in monthly progress reports. Specifically, the monthly progress report shall: 1. Summarize all activities performed by the Performing Party with respect to each task and subtask of this work plan for the previous month; 2. Establish performance goals for each task and subtask for the month in which the report is delivered; 3. Compare accomplishments on every task and subtask to performance goals established the previous month; 4. Summarize reasons why performance goals were not met; and 5. Provide a preliminary estimate of costs by task and subtask for the reporting period. Fi na ICC_Ph ase2workpla n 201012001 13 —215— Deliverable Date: The Performing Party shall submit, via electronic mail, a monthly progress report of its activities no later than the 10th day of each month or the next business day if the 10th of the month falls on a weekend or holiday. Monthly invoices should be submitted to the TCEQ monthly or as soon as practical. Cost: $57,329.26 Fi na ICC_Phase2workp Ian201012001 14 —216— FY 2011 Summary of Deliverables In the event of a conflict between the deliverables or due dates shown in this table and the deliverables or due dates described above, the deliverables and due dates in the table prevail, except that if a deliverable is described above but is not shown on this table, it shall nevertheless be due as described above. Deliverable Deliverable Date Task 1: The Performing Party shall deliver an updated Conceptual Model containing analysis of monitoring and other data through 2010. June 15, 2011 Task 2.1: Ambient monitoring data collected at monitoring sites described in the Fiscal Year (FY) 2010 work plan delivered to TCEQ's LEADS. Continuously between effective date and November 1, 2010 and .April 15, 2011, and August 31, 2011 contingent on funding availability, or as soon as practical. Task 2.2: New monitoring equipment deployed at the TCEQ's direction in time to monitor ozone, ozone precursors, or meteorology on a continuous basis for the 2011 ozone season. April 1, 2011 through August 31, 2011 Task 2.X: Task 3.1: The Performing Party shall prepare a report documenting the emissions inventory improvement projects and providing the information necessary to update TCEQ modeling files. July 1, 2011 Task 3.2: The second inventory review shall be delivered to the TCEQ in a Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) format. Any supporting data or information shall be provided in like format or in a format agreed to by the TCEQ and the Performing Party. July 15, 2011 Task 3.3: The Performing Party shall assist the TCEQ staff in preparing improved local emissions inventory information for entry photochemical modeling emissions inventories. August 1, 2011 FinarCC_Phase2workplan201012001 15 —217— Deliverable Deliverable Date Task 4: The Performing Party shall document its photochemical modeling activities as part of its regular monthly progress report. The Performing Party shall include any important analyses and results from its inventory development and photochemical modeling work. The Performing Party shall provide the report in Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) formats. Any supporting data or information shall be provided upon request in like format or in a format agreed to by the TCEQ and the Performing Party. For emission inventory and /or modeling file improvements, the Performing Party shall provide all "upstream" inputs in an appropriate electronic format so that suggested changes can be readily replicated and incorporated by the TCEQ staff. August 31, 2011 Task 5.1: The Performing Party shall document its activities (including how many stakeholders attend meetings) and meetings with meeting summaries and in the monthly progress reports. Monthly Task 5.2: The Performing Party shall produce and /or maintain a working web site open to the general public on the Internet as well as information documenting web site traffic. Continuously. Documentation of web site traffic shall be entered into the Performing Party's monthly progress report. Task 5.3: The Performing Party shall begin implementation of outreach or public awareness projects Monthly events and reports Regularly planned activities and monthly reports Task 5.4: The Performing Party shall begin implementation of outreach or public awareness projects Task 6: The progress report and monthly invoices shall document, in sufficient technical detail and by task, the accomplishments, expenditures, and milestones achieved during the prior thirty (30) days in monthly progress reports. The Performing Party shall submit, via electronic mail, a monthly progress report of its activities no later than the 10th day of each month or the next business day if the 10th of the month falls on a weekend or holiday. Monthly invoices should be submitted to the TCEQ monthly or as soon as practical. FinalCC_Phase2workpla n201012001 16 —218— Deliverable Deliverable Date Annual Cost Allocation Plan Documentation The Performing Party shall Section 12.8.1 annually provide to the TCEQ, copies of its current cost allocation plans for indirect, allocated central service, and billed central service costs within thirty (30) days of that plan being approved by its cognizant agency or state coordinating agency. Section 12.8.2: Indirect and Allocated October 31 of each year the grant Central Service Costs Recovery Report for the Year Ending August 31 is in force. FInaICC_Phase2workplan201012001 17 —219— 8 Attachment A To Work Plan Task 2.2 Enhanced Monitoring Proposal University of North Texas. Denton and Texas A &M University - Kingsville Through the City of Corpus Christi Date: 06/24/2010 Overview Texas A &M University - Kingsville (TAMUK) has been an active participant in air quality assessment and planning activities in close partnership with the city of Corpus Christi and Texas Commission on Environmental Quality (TCEQ). In addition to the two compliance grade monitoring stations TAMUK operates six additional research grade monitoring sites within Nueces, San Patricio and Aransas Pass counties. Along with ambient monitoring TAMUK has been actively involved in development of emissions inventory, photochemical modeling of ozone episodes and evaluation of emission reductions obtained by the voluntary control measures of the 03 Flex agreement. Existing Monitoring Network TAMUK has setup three additional research grade monitoring sites as an integral part of Rider 13 (2001 -- 2002). These include (1) an upwind site at the waste water treatment plant in Aransas Pass (CAMS 659), (2) a downwind site located at Violet road, near Robstown (CAMS 664), and (3) an urban site at the municipal water pumping station on Holly Road (CAMS 660), south of South Padre Island Drive (SPID). For better assessment of air quality in San Patricio county and regional transport of air pollution and spatial trends, three additional research grade monitoring stations were setup by TAMUK as a part of the Supplemental Environmental Project (SEP). These include: (1) Ingleside site (CAMS 685) - located at water pumping station on highway 361 in between Sherwin Alumina plant and DuPont /Oxychemical PVC production plant, Ingleside, (2) Odem site (CAMS 686) ,- located in the water pumping station of San Patricio county, operated by San Patricio municipal water district in rural location NW of Corpus Christi, (3) Taft site (CAMS 687) - located at water pumping station in San Patricio county operated by San Patricio municipal water district. The geographical location of the monitoring sites is shown in Figure 1. Each of these sites is equipped with ozone analyzer, weather sensors for continuous measurement of ozone concentrations and meteorological parameters. The five minute averages thus measured are transferred and made available on TCEQ's website using the Leading Environmental Analysis and Display System (LEADS). Detailed information including the location and equipment setup at each monitoring site are shown below in Table 1. Additional monitoring of ozone precursors including oxides of nitrogen (NOx) was conducted at CAMS 660 and CAMS 685 during the ozone season (April through October). The data is downloaded every month and the analysis conducted is provided as a part of monthly reports. FinaICC_Phase2workplan201012001 18 -220- CAMS 687 (Taft) CAMS 686 (Odem) CAMS 685 (Ingleside) CAMS 659 (Aransas Pass) 21 CAMS 664 (Violet) CAMS 04 NUECES COUNTY Legend A TAMUK monitoring sites • TCEQ monitoring sites CAMS 660 (Holly road) 0 3.75 7.5 15 Miles I I E 1 1 1! 1 1 Figure 2. Map showing the location of existing monitoring sites in the Corpus Christi urban airshed. Fina ICC_Phase2workpla n201012001 19 -221- Table 1.: Ambient monitoring sites operated under RIDER 8 (FY08 -09) the Grant Recipient. LOCATION (ADDRESS) EQUIPMENT (INSTRUMENTS) STATUS Holly Road site (CAMS 660) - Water pumping station operated by the City of Corpus Christi located in the growing suburbs of the south side of the City. Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 data logger, and Enfora wireless modem. Thermo 42C /Ecotech 9841 NOx analyzer Ongoing Aransas Pass site (CAMS 659) - Wastewater treatment plant operated by City of Aransas Pass and in cooperation with the San Patricio Water District. A coastal location to the NE of Corpus Christi. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Ongoing Violet site (CAMS 664) - Pumping station located west of Corpus Christi. Rural location surrounded by open field for several miles. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modern. Ongoing Odem site (CAMS 686) - Pumping station operated by San Patricio Water District. Rural location NW of Corpus Christi. Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Ongoing Ingleside site (CAMS 685) - Pumping station located in between Portland and Aransas Pass off Hwy 361. In between Sherwin Alumina plant and DuPont /Oxychem production facilities. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Thermo 42C /Ecotech 9841 NOx analyzer Ongoing Taft site (CAMS 687) - Pumping station operated by San Patricio Water District. North of Corpus Christi. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Ongoing FinaICC_Phase2workplan201012001 20 —222— Data analysis was performed using the eight hour ozone concentrations measured during 2008 and 2009 at the six research grade monitoring sites to study the spatial variations in the ozone concentrations. Trend analysis performed using the ozone concentrations measured at Aransas Pass (CAMS 659), Ingleside (CAMS 685), Odem (CAMS 686) and Taft (CAMS 687) showed concentrations with minimal variations between the monitors. Thus, additional analysis was performed to identify the correlation coefficient between the eight hour ozone concentrations measured at Aransas Pass (CAMS 659) and Ingleside (CAMS 685), Odem (CAMS 686) and Taft (CAMS 687). The results of the correlation analysis are shown using scatter plots in Figures 3 and 4. As seen in Figure 3 the correlation coefficient between CAMS 659 and CAMS 685 was 0.94 indicating strong correlation or duplication of ozone concentrations within the region. Figure 4 shows a similar level of correlation (p2 = 0.90)between the ozone concentrations measured at CAMS 686 and CAMS 687 indicating a duplication of information at these sites. Thus, the ozone concentrations measured at CAMS 685 and CAMS 687 were considered redundant. Ozone concentrations measured at P co to U) 2 90 80 70 60 50 40 30 20 10 0 0 10 20 30 40 50 60 70 Ozone concentrations measured at CAMS 659 Figure 3. Scatter plot of eight hour ozone concentrations measured at Aransas Pass (CAMS 659) and Ingleside (CAMS 685). 80 90 FInaICC_Phase2workplan201012001 21 —223— 90 Vs 80 4 70 • 60 41 co 50 c to E 0 40 4 30 0 • 20 ort o 10 N 0 0 0 10 20 30 40 50 60 70 Ozone concentrations measured at CAMS 686 Figure 4. Scatter plot of eight hour ozone concentrations measured at Odem (CAMS 686) and Taft (CAMS 687). 80 90 Ambient monitoring proposal for 2011. A strong correlation was observed in the ozone concentrations measured at (a) CAMS 659 and CAMS 685, (b) CAMS 686 and CAMS 687 indicating duplication of data. The Aransas Pass (CAMS 659) monitoring site is located upwind of Nueces County and thus is a good representative upwind monitoring site for the measurement of transported ozone levels associated with northerly and northeasterly winds. Both the compliance grade monitoring stations maintained by TCEQ and research grade monitoring sites including CAMS 660 and CAMS 664 are located in Nueces County. Hence the monitoring site in Odem (CAMS 686) would be a good representative rural downwind site for the measurement of ozone levels in San Patricio county and it would serve as a downwind site to evaluate the impact of Corpus Christi urban and industrial emissions under typical southeasterly winds (the dominant wind direction in this region). Thus under RIDER 8_ FY2011, monitoring sites located at Ingleside (CAMS 685) and Taft (CAMS 687) will be decommissioned effective October 15, 2010. The geographical location of the monitoring sites proposed for 2011 are shown in Figure 5 and the detailed information on their location, equipment used, anticipated start and end dates are shown in Table 2. FinalCC_Phase2workplan201012001 22 —224— SAN PATRICIO COUNTY CAMS 686 (Odem) CAMS 659 (Aransas Pass) CAMS 21 CAMS 664 (Violet) CAMS 04 CAMS 660 (Holly road) Legend A TAMUK monitoring sites • TCEQ monitorings sites 0 3.75 7.5 15 Miles 1 1 1 1 1 1 1 1 1 Figure 5. Proposed monitoring sites in the Corpus Christi Urban Airshed for Fiscal Year 2011. FinalCC_Phase2workplan201012001 23 -225- Pi Table 2. Ambient Monitoring Sites to be Operated under RIDER 8_FY2O11 by the Grant Recipient. LOCATION (ADDRESS) EQUIPMENT (INSTRUMENTS) START DATE END DATE Holly Road site (CAMS 660) - Water pumping station operated by the City of Corpus Christi located in the growing suburbs of the south side of the City. Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. September 1, 2010 April 1, 2011 November 1, 2010 August 31, 2011 Aransas Pass site (CAMS 659) - Wastewater treatment plant operated by City of Aransas Pass and in cooperation with the San Patricio Water District. A coastal location to the NE of Corpus Christi. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. September 1, 2010 April 1, 2011 November 1, 2010 August 31, 2011 Violet site (CAMS 664) - Pumping station located west of Corpus Christi. Rural location surrounded by open field for several miles. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. September 1, 2010 April 1, 2011 November 1, 2010 August 31, 2011 Odem site (CAMS 686) - Pumping station operated by San Patricio Water District. Rural location NW of Corpus Christi. Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature /Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. September 1, 2010 April 1, 2011 November 1, 2010 August 31, 2011 FinaICC_Phase2workplan201012001 24 —226— • -a I 4 J a Attachment B To Work Plan C) 0 0 • 1111/41 or, • • 4, -4E'ptil-Ifoi .43 trrnowekli ,s4 t 43305211 ?'4;1c4.4 -446 :tVif 24 X (14 • 3 0. 8 0 CP 112 FinalCC_Phase2workplan201012001 i g fitil•TIV g.g 54,0 - .. -8 ' 'Hg: V- Ig.g,Tc'' ' c tn. • _ ; 1841 6:1110,nlyaR z.tt:til --fr 'iz• . :.04_17' .p4 '. :ii 1 1 --,-__ ;.!1. 2, I-. I 1 * f• 5. 1 i to; ,i 1 i I1. g ? 1 . ...fl 25 -227- 11.11 227- ig5ri 'LP . 1 • • a 44!1 11•6-./ E z AM 'CD 0 a 0., • a a to 111 -o E 4_1 Xtc illsilit4w1ala8agmosoo -vouoacluuclow ww FinalCC_Phase2workplan201012001 26 -228- tti § g d gt L 0 ta 12) 0$ 0 A tig g.< c2 ! 1! >000zu `a 0 i grgith cEZE.>>0 EL E f 0 o 32! •E A (') _ z iLiti n a 3 Ea la 4"- Lii cogZi.0 .'6' re g -01 M2 a ILI L> 0-- 1— I— -J Z 4get II 8 .4; r= AN V E PPP 1 co N. 2 P- 11 2 , N CO W i t 1.0 'A $ c0 a Efi ua. N 414 11 3; 11 'AE Ili re — 5 lit -- t4 g E ,T= - .91( 112:21-1112111.21-2111z51:1Z52-itilahgkkbmitcrthrilliiMigerthilli 0 . FinalCC_Phase2workplan201012001 27 —229— 0 75 FinalCC_Phase2workplan201012001 ,Kg gat, walg 28 -230- Attachment C To Work Plan AutoCheck Advisory Committee Name Affiliation Bill Hennings Past Chair - Corpus Christi Air Quality Group James Needham Dean, Community Outreach Sarah Garza Port of Corpus Christi - Environmental Roger Tennaple Flint Hills Resources Jesse Garcia Citgo Refining David Kennebeck TCEQ Peggy Sumner City of Corpus Christi Fina ICC_Pha se2workplan201012001 29 -231- 6 Attachment D To Work Plan Chamber of Commerce Infrastructure Group Name Ralph Coker Tom Curlee Tom Niskala Russel Lenz Judy Hawley Terry Simpson Loyd Neal Glenn Sullivan Peggy Sumner Gretchen Arnold Terry Arnold Leah Olivarri John Michael Rudy Garza Nelda Martinez Joe Adame Glenda Swierc Foster Edwards Fina ICC_Phase2workplan201012001 Affiliation Chamber of Commerce Port Industries of Corpus Christi MPO TxDOT Port of Corpus Christi San Patricio County Judge Nueces County Judge Nueces County Engineering City of Corpus Christi Pollution Prevention Partnership Mayflower Transfer Transportation Planning Engineering /Transportation Planning City of Corpus Christi Corpus Christi City Council member Mayor, City of Corpus Christi TCEQ Region 14 Chamber of Commerce 30 -232- Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH UNIVERSITY OF NORTH TEXAS IN THE AMOUNT OF $259,000 FOR THE "CORPUS CHRISTI OZONE NEAR NON - ATTAINMENT AREA ASSESSMENT AND PLANNING STUDY ", AS REQUIRED BY THE CITY'S RIDER 8 AIR QUALITY PLANNING GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with University of North Texas in the amount of $259,000 for the "Corpus Christi Ozone Near Non- Attainment Area Assessment and Planning Study ", as required by the City's Rider 8 Air Quality Planning Grant from the Texas Commission on Environmental Quality. SECTION 2. The City Manager is authorized to make editorial and non - substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 1st day of December, 2010. Reining First Assistant City Attorney For City Attorney UNT —CC Air Quality Planning Interlace! Resolution — 1201201H lac Page 2of2 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong UNT —CC Air Quality Planning Interlocal Resolution -- 12012010_1 .4 c Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A & M UNIVERSITY — CORPUS CHRISTI IN THE AMOUNT OF $200,000 FOR THE POLLUTION PREVENTION PARTNERSHIP, MAINTAINING A PUBLIC WEBSITE WITH AIR QUALITY INFORMATION AND TECHNICAL AND OUTREACH EFFORTS UNDERTAKEN BY THE PARTNERSHIP, IMPLEMENTING THE AUTO CHECK VEHICLES REDUCTION PROGRAM, AND PUBLIC OUTREACH PROJECTS, AS REQUIRED BY THE CITY'S RIDER 8 AIR QUALITY PLANNING GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with Texas A & M University — Corpus Christi in the amount of $200,000 for the Pollution Prevention Partnership, maintaining a public website with air quality information and technical and outreach efforts undertaken by the Partnership, implementing the Auto Check vehicles reduction program, and public outreach projects, as required by the City's Rider 8 Air Quality Planning Grant from the Texas Commission on Environmental Quality. SECTION 2. The City Manager is authorized to make editorial and non - substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 1st day of December, 2010. R. ,ay Dining First Assistant ity Attorney For City Attorney TAMU —CC Air Quality Planning Interlocal Resolution — 12012010 —235— Corpus Christi, Texas of ,2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong TAMU—CC Air Quality Planning tnterlocal Resolution — /20/2010 —236— Page 2 of 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN UNIVERSITY OF NORTH TEXAS AND THE CITY OF CORPUS CHRISTI INTERLOCAL COOPERATION AGREEMENT between University of North Texas ( "UNT ") and the City of Corpus Christi ( "City "), WHEREAS, UNT and the City are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, UNT has been a partner in the City's air quality planning activities for the Coastal Bend Region through the City's Regional Air Quality Committee's Air Quality Assessment and Planning Program; WHEREAS, the City desires to continue its partnership with UNT in this effort; WHEREAS, the Assessment and Planning Program includes identifying sources of emissions, the development of pollution prevention strategies for reducing emissions, and other action plans for improving the Corpus Christi area air quality and maintain compliance with federal ozone standards; WHEREAS, the 81st Texas L egislature in Rider 8 to the Texas Commission on Environmental Quality's air quality planning appropriations in Article VI. of the General Appropriation Act ( "Rider 8 ") made funds available to the Texas Commission on Environmental Quality ( "TCEQ ") for air quality planning activities to reduce ozone in areas approved by the TCEQ, including Corpus Christi; WHEREAS, the City entered into a Grant Agreement For Air Quality Planning ( "Grant ") with the Texas Commission on Environmental Quality ( "TCEQ "), Contract No. 582 -11- 11223, for air quality planning activities in areas considered to be near non - attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend Region; WHEREAS, an element of the City's proposal for the Grant was UNT's proposed "Corpus Christi Ozone Near Non Attainment Area Assessment and Planning Study ", which study will be prepared by UNT, as a continuation of the City's Regional Air Quality Committee's Air Quality Assessment and Planning Program; WHEREAS, the Grant provides funding for UNT's proposed "Corpus Christi Ozone Near Non - Attainment Area Assessment and Planning Study ", in cooperation with its Page 1 of 12 UNT—CC Air Quality Planning Interlocal -- 1201201 0 — 2 3 7 ,.,,, partners, will complete by August 31, 2011(and possibly later if the Grant is extended based on authority received from the Texas Legislature to carry forward near non - attainment contract related monies from the 2010 -2011 biennium into the 2012 -2013 biennium) detailed in the "City of Corpus Christi Fiscal Year 2011 Rider 8 Phase II Work Plan Effective Date Through August 31, 2011" ( "Work Plan "), approved by the TCEQ, and attached to and incorporated into TCEQ Contract No. 582 -11 -11223 as Attachment B (copy available upon request); and WHEREAS, the technical support contemplated by this agreement is of mutual interest and benefit to UNT and the City; it will further the instructional and research objectives of UNT, in .a manner consistent with its status as an agency of the State of Texas; and it will help the City accomplish objectives of its "8 -hour 03 Flex Intergovernmental Agreement" with the United States Environmental Protection Agency ( "EPA ") and TCEQ. NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT SUBCONTRACT. Both the City and UNT acknowledge that this agreement is a subcontract to the City's Grant from TCEQ (TCEQ Contract Number 582 -11- 11223), and that the terms and conditions of the Grant control the administration and execution of this contract. a. The TCEQ Grant Contract No. 582 -11 -11223 is incorporated into this agreement by reference and is available upon request. b. In the event any provision of this agreement conflicts with the terms of the Grant, the terms of the Grant control the administration and execution of this agreement. c. UNT agrees to comply to all requirements imposed by TCEQ that are applicable to subcontractors. d. UNT agrees to conduct all of its activities in compliance with the terms of the Grant, and not to take any action that would cause or contribute to the City to defaulting upon the terms of the Grant. e. UNT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by UNT under this agreement. UNT must perform the work in conformity with the standards and guidance documents provided by the TCEQ. The City and TCEQ may withhold reimbursement for costs of non- conforming work. 2. STATEMENT OF WORK. UNT agrees to use its best efforts to complete all elements identified under Task 1 — Update Conceptual Model through the 2010 Ozone Season, Task 2 — Ambient Monitoring Projects, Task 3 -- Emissions Inventory Improvement, and Task 4 -- Air Quality Modeling Planning for FY 2011 of the Work Plan, which describes the specific elements of the projects and deliverables in support of the State Implementation Plan (SIP) development process and other types of air Page 2 of 12 UNT —CC Air Quality Planning Interlocal — 12012010 — 238— quality planning activities and projects that the City, in cooperation with its partners, will complete by August 31, 2011, as described in the Rider 8 Funding Request for a Corpus Christi Ozone Near Non - Attainment Area Research Study, which is attached to TCEQ Contract No. 582 -11 -11223 as Attachment B (copy available upon request). 3. PRINCIPAL INVESTIGATOR. The program will be supervised by Dr. Kuruvilla John, Department of Engineering, UNT. If, for any reason, he is unable to continue to serve as Principal Investigator, and a successor acceptable to both UNT and the City is not available, this agreement shall be terminated as provided in Paragraph 7. 4. PERIOD OF PERFORMANCE. The program shall be conducted from the effective date of the Notice to Proceed from TCEQ through August 31, 2011, unless sooner terminated under Paragraph 7. 5. PRICE AND PAYMENT. As compensation for the performance of the agreement, the City agrees to reimburse UNT on a cost - reimbursable basis in an amount up to Two Hundred Fifty -nine Thousand Dollars ($259,000) for expenses authorized under the Grant, as approved by TCEQ. UNT agrees to expend funds under the budget detailed in Attachment C, Cost Estimate, which is attached to and incorporated into this agreement by reference. a. This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant, The City is not liable to make payment to UNT, if funding is not available from TCEQ through the Grant. Payments may not exceed Two Hundred Fifty -nine Thousand Dollars ($259,000) from the execution of this Agreement to August 31, 2011. b. Al! contractual expenditures reimbursed with funds provided under this agreement shall meet all procurement laws and regulations applicable to UNT and the UGMA and the UGMS. Note that competitive bidding will generally be required for contracts with entities other than local governments and state and federal agencies. Note also that the Common Rule of OMB Circular A -102, as adopted in the UGMS, precludes the use of the cost plus a percentage of cost method of contracting. c. UNT shall forward any proposed subagreement providing for the performance of services under this agreement to the City prior to execution of the subagreement. Neither the City's or TCEQ's failure to question a subagreement nor its subsequent withdrawal of any questions raised regarding a subagreement shall in any way imply the City or TCEQ's approval of the subagreement's purpose or method of procurement of the subagreement. Further, the terms of this provision do not in any way restrict the City's and TCEQ's rights under this agreement or the Grant to subsequently refuse reimbursement for expenses incurred pursuant to the subagreement. UNT may require a bid bond to protect the local and state interests by assuring that a bidder will, upon acceptance, execute all required contractual documents within the time period specified. Page 3 of 12 UNT—CC Air Quality Planning interlocal -- 12012010 — 2 3 9 — d. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Peggy Sumner P.O. Box 9277 Corpus Christi, TX., 78469 -9277 e. The City agrees to reimburse UNT for the costs billed within thirty (30) days of receipt of invoice. All payment shall be sent to: Office of Research Services University of North Texas 1155 Union Circle #305250 Denton, Texas 76203-5017 f. If TCEQ does not approve an item invoiced by UNT and does not reimburse the City for the expenditure, UNT shall reimburse the City for costs of the item that was not funded by TCEQ. 6. DELIVERABLES. The deliverables required under this agreement are specified in the Work Plan. 7. TERMINATION. Performance under this agreement may be terminated by the City upon sixty days written notice. Performance may be terminated by UNT, if circumstances beyond its control preclude continuation of the program. Upon termination, UNT will be reimbursed as specified in Paragraph 5 of all costs and non - cancellable commitments incurred in the performance of the program, that are reimbursable under the Grant. However, reimbursement may not exceed the total estimated cost specified in Paragraph 5. Either party hereto may terminate this Agreement by giving not Tess than thirty (30) days prior written notice to the other party, except that the termination of the Grant concurrently terminates this Agreement. In the event of termination by either party, UNT agrees to submit all existing project data, analyses, maps, charts, photographs, computer programs and other project materials, in whatever form they may exist, to the City in a timely fashion. The City agrees to pay UNT for all services performed and for all non - cancelable commitments made prior to receipt of the notice of termination. No other expenses, costs, or damages shall be paid upon termination other than as stipulated herein. 8. INTELLECTUAL PROPERTY. a. Royalties and Patent Fees. UNT shall pay all license fees and royalties and assume all costs incident to the use or possession in the performance of the Work or the incorporation in the Work of any Intellectual Property. b. Disclosure of Intellectual Property Produced during the Work. UNT shall promptly notify the City and TCEQ of all intellectual property that UNT or UNT's Page 4 of 12 UNT - -CC Air Quality Planning Interlocal — 12012010 — 240 — employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others, during the course of the Work. In addition, UNT shall promptly notify the City and TCEQ of all intellectual property to which UNT may acquire rights in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the intellectual property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request, UNT shall supply such additional information as the City and TCEQ may request. c. Failure to Protect Intellectual Property. If UNT fails to protect any intellectual property rights in the intellectual property produced in the course of performing the work, the City and TCEQ shall have full authority to protect, assume and retain all intellectual property rights in any and all such intellectual property. d. Non - interference with Intellectual Property Rights of City and TCEQ. UNT agrees that UNT, its agents, and its employees shall not in any manner use, sell, distribute, disclose or otherwise communicate any portion of intellectual property owned by or licensed to the City or TCEQ, except in the course of performing the work, unless UNT has independent intellectual property rights to the intellectual property. e. Grant of License. With respect to any intellectual property as is (1) incorporated in the work (other than intellectual property for which the City and TCEQ already possesses equal or greater intellectual property rights by virtue of this agreement or otherwise) or (ii) produced by UNT or UNT's employees, subcontractors, or subcontractor's employees during the course of performing the work UNT hereby grants to the City and TCEQ (1) a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, or otherwise use the intellectual property and associated use documentation, and (ii) a nonexclusive, perpetual, irrevocable, enterprise -wide license to authorize others to reproduce, publish, or otherwise use such Intellectual Property for the City's and TCEQ's purposes. f. Modification; Derivative Works. The City and TCEQ shall have the right, at their own discretion, to independently modify any intellectual property to which license is granted for the City's and TCEQ's own purposes and use, through the services of its own employees or independent contractors. The City and TCEQ shall own all intellectual property rights to such modifications. UNT shall not incorporate any such modifications into its intellectual property for distribution to third parties unless . it first obtains a license from the City and TCEQ. g. Compliance with Applicable Laws and Regulations. UNT shall comply with all laws and regulations relating to intellectual property. h. Warranties Relating to Intellectual Property Rights. UNT represents and warrants to the City and TCEQ that UNT will not infringe any intellectual property right of any third party. UNT further represents and warrants to the City and Page 5 of 12 LINT —CC Air Quality Planning Interims! -- 12012010 — 2 41 — TCEQ that in the course of performing the work it will not use or possess any intellectual property owned by a third party without paying any required royalty or patent fees. UNT warrants that it has full title in and ownership of the intellectual property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted herein, and that such license use by the City and TCEQ will in no way constitute an infringement or other violation of any intellectual property right of any third party. The UNT warrants that it shall have, throughout any applicable license term hereunder, free and clear title to, or the right to possess, use sell, transfer, assign, license, or sublicense products that are licensed or provided to the City and TCEQ by UNT. Except as permitted in this agreement and the Grant, UNT shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided to the City and TCEQ for which title has not yet passed to the City and TCEQ, without the prior written consent of the City and TCEQ. UNT represents and warrants to the City and TCEQ that neither it nor any other company or individual performing the work is under any obligation to assign or give to any third party any intellectual property rights granted or assigned to the City and TCEQ, or reserved by the City and TCEQ, under this agreement and the Grant. 9. RELEASE OF INFORMATION. UNT shall acknowledge the City and TCEQ, the UNT investigator, the nature of the program, and the dollar value of the agreement in UNT records and reports. Any reports and other documents completed as part of this agreement, other than documents prepared exclusively for internal organizational use by UNT, shall carry the following notations on the front cover or title page: "PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI" 10. TITLE TO EQUIPMENT. Subject to the obligations and conditions set forth in this agreement and the Grant, title to all equipment acquired under this agreement shall vest, upon acquisition or construction, in UNT. a. UNT agrees to conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this agreement. b. UNT may develop and use its own property management system which must conform with all applicable State and local laws, rules, and regulations. If an adequate system for accounting for personal property owned by UNT or its subcontractor is not in place or currently in use, UNT shall contact the State of Texas Comptroller of Public Accounts and request the State Property Accounting User's Guide ( #96 -418) and the State Property Class Code List. UNT agrees to use these as guides for establishing a property Management system. c. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, Page 6 of 12 UNT—CC Air Quality Planning Inferlocal -- 12012010 —242— who holds title, the acquisition date, and the cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. d. A physical inventory of all equipment acquired or replaced with funds provided under this agreement having an initial purchase price of One Thousand Dollars ($1,000) or more, shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by UNT shall include adequate safeguards to prevent Toss, damage, or theft of the acquired property. Any loss, damage or theft shall be investigated. UNT agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such equipment is sold. e. Use of Equipment Acquired with Funds Provided Under this Agreement. (1) Equipment shall be used by UNT or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by state funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a federal or state agency. (2) UNT or subgrantee shall also make equipment available for use on other projects or programs currently or previously supported by the federal or state government, providing such use will not interfere with the Work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. (3) When acquiring replacement equipment, UNT or subgrantee may use the equipment to be replaced as a trade -in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. f. Disposition of Equipment Acquired with Funds Provided Under this Agreement. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, disposition of the equipment may be made as follows: (1) Equipment with a current per -unit fair market value of Tess than $1,000 may be retained, sold or otherwise disposed of with no further obligation to the TCEQ. Methods used to determine per unit fair market value must Page 7 of 12 UNT —CC Air Quality Planning lnterlocal — 120120/0 —243— be documented, kept on file and made available to the TCEQ upon request. (2) Equipment with a current per -unit fair market value of $1,000 or more must be disposed of as follows: (A) Prior to the termination date of this Agreement, UNT and subgrantees must notify the TCEQ. TCEQ may require UNT or subgrantee to transfer title and possession to such equipment to the TCEQ or a third party named by the TCEQ or may alternatively authorize disposition by sale, transfer or in another manner. (B) If, within six years of the initiation date of the Agreement, equipment is sold or transferred, UNT must remit to TCEQ a share of the proceeds from such sale, provided the fair market, per -unit value of the property at the time of the sale is in excess of one thousand dollars ($1,000). The TCEQ's share of the sale proceeds shall be the same percentage as was the funding provided under this Agreement that enabled the original purchase in question. 11. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below by U.S. Postal Services certified mail, return receipt requested, postage prepaid or by an overnight courier service with written verification of receipt. Either party to the Agreement may change such name and address by notice to the other in accordance herewith, and any such change shall take effect immediately upon receipt of such notice. UNT University of North Texas Office of Research and Economic Development Attention: Barbara Lindley 1155 Union Circle #305250 Denton, Texas 76203 -5017 Telephone: (940) 565 -3939 Fax: (940) 565 -4277 Page 8 of 12 UNT —CC Air Quality Planning Interlocal — 12012010 — 2 4 4— City City of Corpus Christi Attn: Peggy Sumner P.O. Box 9277 Corpus Christi, TX 78469 Telephone: (361) 880 -3519 Fax: (361) 880 -3501 12. EXPORT ADMINISTRATION. a. It is understood that UNT is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations hereunder are contingent upon compliance with applicable United States export laws and regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. b. Both UNT and City hereby agree and warrant that the program and development contemplated hereunder, and any exchange of technical data, computer software or other commodities resulting therefrom, shall be conducted in full compliance with the export control laws of the United States. 13. LIABILITY. IT IS UNDERSTOOD THAT CITY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST UNT, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN CITY'S EMPLOYEES, FOR DAMAGE RESULTING FROM OR ARISING OUT OF THE ACTIVITIES OF UNT PERSONNEL UNDER THIS AGREEMENT, AND UNT AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD CITY HARMLESS FROM ANY AND ALL SUCH CLAIMS. IT IS ALSO UNDERSTOOD THAT UNT SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AGAINST CITY'S EMPLOYEES, OF DAMAGE RESULTING FROM OR ARISING OUT OF ACTIVITIES OF THE CITY, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN UNT EMPLOYEES, AND CITY AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD UNT HARMLESS FROM ANY AND ALL SUCH CLAIMS. 14. INDEPENDENT CONTRACTOR. For the purposes of the agreement and all services to be provided hereunder, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations, or commitments of any Page 9 of 12 UNT - -CC Air Quality Planning Interlocal — 12012010 —245— kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for herein or authorized in writing. 15. AMENDMENTS AUTHORIZED. a. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work. b. Any amendments to this agreement resulting from amendments to the Grant that increase the scope of work under this agreement due to TCEQ's award of additional funding to the City as a result of the work plan prepared by UNT under this agreement must be authorized by the City Council and the funds appropriated before an amendment to this agreement is executed. c. Any amendments to this agreement increasing or decreasing the amount the City is obligated to pay UNT by $25,000 or more must be authorized by the City Council before an amendment to this agreement is executed. 16. ASSIGNMENT. This Agreement may not be assigned in whole or in part without the prior written permission of the parties to this agreement. 16. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and UNT agree that this agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 17. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. If the Chapter 2260 procedures are utilized both parties agree that the TCEQ may intervene in the proceedings as an interested party. c. The Director of Purchasing, UNT, is designated as the officer designated under Sec. 2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of UNT. 18. VENUE. UNT acknowledges and agrees that because this agreement has been executed, and will be administered in Nueces County, Texas, the agreement is to be performed in Nueces County. UNT acknowledges and agrees that any permissible cause of action involving this agreement will arise solely in Nueces County. If a legal Page 10 of 12 UNT—CC Air Quality Planning Interlocal -- 12012010 — 246— action related to this claim is permissible and there are two (2) or more counties of proper venue under the rules of mandatory, general, or permissive venue, and one such county is Nueces County, UNT agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 19. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. 20. AUTHORIZATION OF GOVERNING BODIES. The individuals executing this agreement certify that this interlocal agreement has been authorized by the Governing Body for their, as required by Section 791, Texas Government Code. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. UNIVERSITY OF NORTH TEXAS By: Dr. Vish Prasad Vice President for Research Date: CITY OF CORPUS CHRISTI ATTEST: Armando Chapa City Secretary By: 'Angel R. Escobar City Manager Date: Page 11 of 12 UNT—CC Air Quality Planning Interlocal — 12012010 — 24 7 — APPROVED AS TO FORM: This day of , 2010 R. Jay Reining First Assistant City Attorney For City Attorney Page 12 of 12 UNT --CC Air Quality Planning Interlocal -- 12012010 —248— Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH TEXAS A & M UNIVERSITY — CORPUS CHRISTI IN THE AMOUNT OF $200,000 FOR THE POLLUTION PREVENTION PARTNERSHIP, MAINTAINING A PUBLIC WEBSITE WITH AIR QUALITY INFORMATION AND TECHNICAL AND OUTREACH EFFORTS UNDERTAKEN BY THE PARTNERSHIP, IMPLEMENTING THE AUTO CHECK VEHICLES REDUCTION PROGRAM, AND PUBLIC OUTREACH PROJECTS, AS REQUIRED BY THE CITY'S RIDER 8 AIR QUALITY PLANNING GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with Texas A & M University — Corpus Christi in the amount of $200,000 for the Pollution Prevention Partnership, maintaining a public website with air quality information and technical and outreach efforts undertaken by the Partnership, implementing the Auto Check vehicles reduction program, and public outreach projects, as required by the City's Rider 8 Air Quality Planning Grant from the Texas Commission on Environmental Quality. SECTION 2. The City Manager is authorized to make editorial and non - substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 1st day of December, 2010. R. ay Fining First Assistant ity Attorney For City Attorney TAMIL --CC Air Quality Planning Interlocal Resolution — 120/2010 —249— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong TAMU —CC Air Quality Planning Interims! Resolution -- 12012010 -250- Page 2 of 2 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, Texas A & M University -- Corpus Christi ( "TAMU -CC ") and the City of Corpus Christi ("City") are authorized by Chapter 791 of the Texas Government Code to enter into an interlocal cooperation contract; WHEREAS, TAMU -CC has been a partner in the City's air quality planning activities for the Coastal Bend Region through the TAMU -CC's Pollution Prevention Partnership Program; WHEREAS, the City desires to continue its partnership with TAMU -CC in this effort; WHEREAS, the Pollution Prevention Partnership Program includes identifying business and activities for program delivery based on emission inventory information, the development of pollution prevention strategies for reducing emissions, educational outreach and other action plans for improving the Corpus Christi area air quality and maintain compliance with federal ozone standards; WHEREAS, the 81St Texas Legislature in Rider 8 to the Texas Commission on Environmental Quality's air quality planning appropriations in Article VI. of the General Appropriation Act ( "Rider 8 ") made funds available to the Texas Commission on Environmental Quality ( "TCEQ ") for air quality planning activities to reduce ozone in areas approved by the TCEQ, including Corpus Christi; WHEREAS, the City entered into a Grant Agreement For Air Quality Planning ( "Grant ") with the Texas Commission on Environmental Quality ( "TCEQ "), Contract No. 582 -11- 11223, for air quality planning activities in areas considered to be near non- attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend Region; WHEREAS, an element of the City's proposal for the Grant was TAMU -CC's proposed "Pollution Prevention Partnership and Educational Outreach Programs" as a continuation of the City's Regional Air Quality Committee's Pollution Prevention Partnership Program; WHEREAS, the Grant provides funding for the Pollution Prevention Partnership Program and Educational Outreach Programs and other types of air quality planning activities and projects that the City, in cooperation with its partners, will complete by Page 1 of 11 TAMU - -CC Air Quality Planning Interlocal — 12022010 —251— August 31, 2011(and possibly later if the Grant is extended based on authority received from the Texas Legislature to carry forward near non - attainment contract related monies from the 2010 -2011 biennium into the 2012 -2013 biennium) detailed in the "City of Corpus Christi Fiscal Year 2011 Rider 8 Phase II Work Plan Effective Date Through August 31, 2011" ("Work Plan "), approved by the TCEQ, and attached to and incorporated into TCEQ Contract No. 582-11-11223 as Attachment B (copy available upon request); and WHEREAS, the technical support contemplated by this agreement is of mutual interest and benefit to TAMU -CC and City; it will further the instructional and research objectives of TAMU -CC, in a manner consistent with its status as an agency of the State of Texas; and it will help the City accomplish objectives of its "03 Flex Intergovernmental Agreement" with the United States Environmental Protection Agency ( "EPA') and TCEQ; NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT SUBCONTRACT. Both the City and TAMU -CC acknowledge that this agreement is a subcontract to the City's Grant from TCEQ (TCEQ Contract Number 582 -11- 11223), and that the terms and conditions of the Grant control the administration and execution of this contract. a. The TCEQ Grant Contract No. 582-11-11223 is incorporated into this agreement by reference and is available upon request. b. In the event any provision of this agreement conflicts with the terms of the Grant, the terms of the Grant control the administration and execution of this agreement. c. TAMU -CC agrees to comply to all requirements imposed by TCEQ that are applicable to subcontractors. d. TAMU -CC agrees to conduct all of its activities in compliance with the terms of the Grant, and not to take any action that would cause or contribute to the City to defaulting upon the terms of the Grant. e. TAMU -CC shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by TAMU -CC under this agreement. TAMU -CC must perform the work in conformity with the standards and guidance documents provided by the TCEQ. The City and TCEQ may withhold reimbursement for costs of non - conforming work. 2. STATEMENT OF WORK. TAMU -CC agrees to use its best efforts to complete all elements identified under Task 5 — Planning and Outreach of the Work Plan, which describes the specific elements of the projects and deliverables in support of the State Implementation Plan (SIP) development process and other types of air quality planning Page 2of11 TAMU - -CC Air Quality Planning Interlocal — 12022010 —252— activities and projects that the TAMU -CC, as the City's subcontractor, will complete by August 31, 2011. 3. PRINCIPAL INVESTIGATORS. The program will be supervised by Ms. Gretchen Arnold and Dr. Jim Needham, of the Department of University Outreach. If, for any reason, either is unable to continue to serve as Principal Investigator, and a successor acceptable to both TAMU -CC and the City is not available, this agreement shall be terminated as provided in Paragraph 7. 4. PERIOD OF PERFORMANCE. The program shall be conducted from the execution date of the contract through August 31, 2011. 5. PRICE AND PAYMENT. As compensation for the performance of the agreement, the City agrees to reimburse TAMU -CC up to Two Hundred Thousand Dollars ($200,000) for expenses authorized under the Grant. a. This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to TAMU -CC, if funding is not available from TCEQ through the Grant. Payments may not exceed Two Hundred Thousand Dollars ($200,000) from the execution of this Agreement to August 31, 2011. b. All contractual expenditures reimbursed with funds provided under this agreement shall meet all procurement laws and regulations applicable to TAMU- CC and the UGMA and the UGMS. Note that competitive bidding will generally be required for contracts with entities other than local governments and state and federal agencies. Note also that the Common Rule of OMB Circular A -102, as adopted in the UGMS, precludes the use of the cost plus a percentage of cost method of contracting. c. TAMU -CC shall forward any proposed subagreement providing for the performance of services under this agreement to the City prior to execution of the subagreement. Neither the City's or TCEQ's failure to question a subagreement nor its subsequent withdrawal of any questions raised regarding a subagreement shall in any way imply the City or TCEQ's approval of the subagreement's purpose or method of procurement of the subagreement. Further, the terms of this provision do not in any way restrict the City's and TCEQ's rights under this agreement or the Grant to subsequently refuse reimbursement for expenses incurred pursuant to the subagreement. TAMU -CC may require a bid bond to protect the local and state interests by assuring that a bidder will, upon acceptance, execute all required contractual documents within the time period specified. TAMU —CC Air Quality Planning Interlocal -- /2022010 Page 3 of 11 —253— d. Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Peggy Sumner P.O. Box 9277 Corpus Christi, TX., 78469 -9277 6. DELIVERABLES. The deliverables required under this agreement are specified in the Work Plan. 7. TERMINATION. Performance under this agreement may be terminated by the City upon sixty days written notice. Performance may be terminated by TAMU -CC, if circumstances beyond its control preclude continuation of the program. Upon termination, TAMU -CC will be reimbursed as specified in Paragraph 5 of all costs and non - cancelable commitments incurred in the performance of the program, that are reimbursable under the Grant. However, reimbursement may not exceed the total estimated cost specified in Paragraph 5. 8. INTELLECTUAL PROPERTY. a. Royalties and Patent Fees. TAMU -CC shall pay all license fees and royalties and assume all costs incident to the use or possession in the performance of the Work or the incorporation in the Work of any Intellectual Property. b. Disclosure of Intellectual Property Produced during the Work. TAMU -CC shall promptly notify the City and TCEQ of all intellectual property that TAMU -CC or TAMU -CC's employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others, during the course of the Work. In addition, TAMU -CC shall promptly notify the City and TCEQ of all intellectual property to which TAMU -CC may acquire rights in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the intellectual property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request, TAMU -CC shall supply additional information as the City and TCEQ may request. c. Failure to Protect Intellectual Property. If TAMU -CC fails to protect any intellectual property rights in the in the intellectual property produced in the course of performing the work, the City and TCEQ shall have full authority to protect, assume and retain all intellectual property rights in any and all intellectual property. d. Non-interference with Intellectual Property Rights of City and TCEQ. TAMU - CC agrees that TAMU -CC, its agents, and its employees shall not in any manner use, sell, distribute, disclose or otherwise communicate any portion of intellectual property owned by or licensed to the City or TCEQ, except in the course of TAMU —CC Air Quality Planning Interlocal -- 12022010 Page 4 of 11 —254— performing the work, unless TAMU -CC has independent intellectual property rights to the intellectual property. e. Grant of License. With respect to any intellectual property as is (r) incorporated in the work (other than intellectual property for which the City and TCEQ already possesses equal or greater intellectual property rights by virtue of this agreement or otherwise) or (ii) produced by TAMU -CC or TAMU -CC's employees, subcontractors, or subcontractor's employees during the course of performing the work TAMU -CC hereby grants to the City and TCEQ (r) a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, or otherwise use the intellectual property and associated use documentation, and (rr) a nonexclusive, perpetual, irrevocable, enterprise -wide license to authorize others to reproduce, publish, or otherwise use Intellectual Property for the City's and TCEQ's purposes. f. Modification; Derivative Works. The City and TCEQ shall have the right, at their own discretion, to independently modify any intellectual property to which license is granted for the City's and TCEQ's own purposes and use, through the services of its own employees or independent contractors. The City and TCEQ shall own all intellectual property rights to the modifications. TAMU -CC shall not incorporate any modifications into its intellectual property for distribution to third parties unless it first obtains a license from the City and TCEQ. g. Compliance with Applicable Laws and Regulations. TAMU -CC shall comply with all laws and regulations relating to intellectual property. h. Warranties Relating to Intellectual Property Rights. TAMU -CC represents and warrants to the City and TCEQ that TAMU -CC will not infringe any intellectual property right of any third party. TAMU -CC further represents and warrants to the City and TCEQ that in the course of performing the work it will not use or possess any intellectual property owned by a third party without paying any required royalty or patent fees. TAMU -CC warrants that it has full title in and ownership of the intellectual property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted in this agreement, and that the license use by the City and TCEQ will in no way constitute an infringement or other violation of any intellectual property right of any third party. The TAMU -CC warrants that it shall have, throughout any applicable license term under this agreement, free and clear title to, or the right to possess, use sell, transfer, assign, license, or sublicense products that are licensed or provided to the City and TCEQ by TAMU -CC. Except as permitted in this agreement and the Grant, TAMU -CC shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided to the City and TCEQ for which title has not yet passed to the City and TCEQ, without the prior written consent of the City and TCEQ. TAMU -CC represents and warrants to the City and TCEQ that neither it nor any other company or individual performing the work is under any obligation Page 5 of 11 TAMU—CC Air Quality Planning Interlocal -- 12022010 —255— to assign or give to any third party any intellectual property rights granted or assigned to the City and TCEQ, or reserved by the City and TCEQ, under this agreement and the Grant. 9. RELEASE OF INFORMATION. TAMU -CC shall acknowledge the City and TCEQ, the TAMU -CC investigator, the nature of the program, and the dollar value of the agreement in TAMU -CC records and reports. Any reports and other documents completed as part of this agreement, other than documents prepared exclusively for internal organizational use by TAMU -CC, shall carry the following notations on the front cover or title page: "PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI" 10. TITLE TO EQUIPMENT. Subject to the obligations and conditions set forth in this agreement and the Grant, title to all equipment acquired under this agreement shall vest, upon acquisition or construction, in TAMU -CC. a. TAMU -CC agrees to conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this agreement. b. TAMU -CC may develop and use its own property management system which must conform with all applicable State and local laws, rules, and regulations. If an adequate system for accounting for personal property owned by TAMU -CC or its subcontractor is not in place or currently in use, TAMU -CC shall contact the State of Texas Comptroller of Public Accounts and request the State Property Accounting User's Guide, ( #96 -418) and The State Property Class Code List. TAMU -CC agrees to use these as guides for establishing a property management system. c. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, and the cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. d. A physical inventory of all equipment acquired or replaced with funds provided under this agreement having an initial purchase price of One Thousand Dollars ($1,000) or more, shall be conducted no Tess frequently than once every two years and the results of the inventories reconciled with the appropriate property records. Property control procedures utilized by TAMU -CC shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage or theft shall be investigated. TAMU -CC agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize Page 6 of 11 TAMU - -CC Air Quality Planning Interlocal -- 12022010 -256- proper sales procedures to ensure the highest possible return, in the event the equipment is sold. e. Use of Equipment Acquired with Funds Provided Under this Agreement. (1) Equipment shall be used by TAMU -CC or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by state funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a federal or state agency. (2) TAMU -CC or subgrantee shall also make equipment available for use on other projects or programs currently or previously supported by the federal or state government, providing the use will not interfere with the Work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. (3) When acquiring replacement equipment, TAMU -CC or subgrantee may use the equipment to be replaced as a trade -in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. f. Disposition of Equipment Acquired with Funds Provided Under this Agreement. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, disposition of the equipment may be made as follows: (1) Equipment with a current per -unit fair market value of less than $1,000 may be retained, sold or otherwise disposed of with no further obligation to the TCEQ. Methods used to determine per unit fair market value must be documented, kept on file and made available to the TCEQ upon request. (2) Equipment with a current per -unit fair market value of $1,000 or more must be disposed of as follows: (A) Prior to the termination date of this Agreement, TAMU -CC and subgrantees must notify the TCEQ. TCEQ may require TAMU -CC or subgrantee to transfer title and possession to the equipment to the TCEQ or a third party named by the TCEQ or may alternatively authorize disposition by sale, transfer or in another manner. (B) If, within six years of the initiation date of the Agreement, equipment is sold or transferred, TAMU -CC must remit to TCEQ a share of the proceeds from the sale, provided the fair market, per- Page 7 of 11 TAMU —CC Air Quality Planning Interlocal — 1202201 0 —257— unit value of the property at the time of the sale is in excess of one thousand dollars ($1,000). The TCEQ's share of the sale proceeds shall be the same percentage as was the funding provided under this Agreement that enabled the original purchase in question. 11. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAMU -CC CITY Texas A & M University - Corpus Christi 6300 Ocean Drive, NRC #2200 Corpus Christi, TX., 78412 Attn: Gretchen Arnold Telephone: (361) 825 -3070 Fax: (361) 825 -2384 City of Corpus Christi Attn: Peggy Sumner P.O. Box 9277 Corpus Christi, TX., 78469 Telephone: (361) 826 -1868 Fax: (361) 826 -4681 12. EXPORT ADMINISTRATION. a. It is understood that TAMU -CC is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations under this agreement are contingent upon compliance with applicable United States export laws and regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. b. Both TAMU -CC and City hereby agree and warrant that the program and development contemplated under this agreement, and any exchange of technical data, computer software or other commodities resulting from this agreement, shall be conducted in full compliance with the export control laws of the United States, TAMU—CC Air Quality Planning interiocal -- 12022010 Page 8 of 11 —258— 13. LIABILITY. IT IS UNDERSTOOD THAT CITY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST TAMU -CC, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN CITY'S EMPLOYEES, FOR DAMAGE RESULTING FROM OR ARISING OUT OF THE ACTIVITIES OF TAMU- CC PERSONNEL UNDER THIS AGREEMENT, AND TAMU -CC AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE III OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD CITY HARMLESS FROM ANY AND ALL CLAIMS. IT IS ALSO UNDERSTOOD THAT TAMU -CC SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AGAINST CITY'S EMPLOYEES, OF DAMAGE RESULTING FROM OR ARISING OUT OF ACTIVITIES OF THE CITY, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN TAMU -CC EMPLOYEES, AND CITY AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE 111 OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD TAMU- CC HARMLESS FROM ANY AND ALL CLAIMS. 14. INDEPENDENT CONTRACTOR. For the purposes of the agreement and all services to be provided under this agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this agreement or authorized in writing. 15. AMENDMENTS AUTHORIZED. a. The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work. b. Any amendments to this agreement resulting from amendments to the Grant that increase the scope of work under this agreement due to TCEQ's award of additional funding to the City as a result of the Work Plan prepared by TAMU -CC under this agreement must be authorized by the City Council and the funds appropriated before an amendment to this agreement is executed. c. Any amendments to this agreement increasing or decreasing the amount the City is obligated to pay TAMU -CC by more than $25,000 must be authorized by the City Council before an amendment to this agreement is executed. 16. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMU -CC agree Page 9 of 11 TAMU —CC Air Quality Planning Interlocal -- 12022010 -259- that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. . 17. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. If the Chapter 2260 procedures are utilized both parties agree that the TCEQ may intervene in the proceedings as an interested party. c. The Director of Purchasing, TAMU -CC, is designated as the officer designated under §2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of TAMU -CC. 18. VENUE. TAMU -CC acknowledges and agrees that because this agreement has been executed, and will be administered in Nueces County, Texas, the agreement is to be performed in Nueces County. TAMU -CC acknowledges and agrees that any permissible cause of action involving this agreement will arise solely in Nueces County. If a legal action related to this claim is permissible and there are two (2) or more counties of proper venue under the rules of mandatory, general, or permissive venue, and one of the counties is Nueces County, TAMU -CC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 19. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. 20. AUTHORIZATION OF GOVERNING BODIES. The individuals executing this agreement certify that this interlocal agreement has been authorized by the Governing Body for their, as required by Section 791, Texas Government Code. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. TAMU —CC Air Quality Planning interlocal -- 12022010 Page 10 of 11 —260— TEXAS A & M UNIVERSITY -- CORPUS CHRISTI By: Dr. Luis Cifuentes Dean, Graduate Education Associate Vice President, Research & Scholarly Activities Date: CITY OF CORPUS CHRISTI ATTEST Armando Chapa City Secretary APPROVED AS TO FORM: This day of December, 2010 Jay Reining First Assistant City Attorney For City Attorney TAMU —CC Air Quality Planning Interlocal -- 12022010 By: Angel R. Escobar City Manager Date: Page 11 of 11 -261- 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 14, 2010 AGENDA ITEM: AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE MEMBERS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. ISSUE: By approving the Updated Service Credit and annuitant cost of living adjustment benefits of the plan on an ad hoc basis the calculation of the City's annual required contribution rate will be reduced. This impacts only the actuarial calculation of the City's annual required contribution rate, and does not impact benefits being accrued by current participants, or benefits received by current annuitants. In recent negotations with the Corpus Christi Police Officers' Association, agreement was reached to provide annual approval by the Council of "Updated Service Credits' and "Increased Prior and Current Service Annuities; on an ad hoc (one time only basis) rather than annually repeating basis. Further, it was agreed that the Council would approve such benefits to continue each year of the contract. REQUIRED COUNCIL ACTION: Approve the Ordinance to authorize and allow "Updated Service Credits" and "Increased Prior and Current Service Annuities" effective January 1, 2011. PREVIOUS COUNCIL ACTION: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865. On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association. The ad hoc provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" have been incorporated into the contract. CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the Ordinance for budget savings, and in keeping with the Agreement negotiated with the Corpus Christi Police Officers' Association. Attachments e, Oevt,zzet.. Cyr hia C. Garcia, i Director of Human Resources cynthiag @cctexas.com 361 -826 -3315 BACKGROUND INFORMATION On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865. With the January 1, 2009 changes in methodology used by TMRS to determine the City's required annual contribution rate, the City has been evaluating measures by which it might control increases in the required annual contribution rate. With the assistance of TMRS staff, two measures were identified that would reduce the City's required annual contribution, without plan design change. (1) to change the "annually repeating" feature of the City's plan regarding "Updated Service Credits" to ad hoc (one time only basis), and (2) to change the "annually repeating" feature of the City's plan regarding "Increased Prior and Current Service Annuities" (70% CPI Increase to Annuitants) to ad hoc (one time only basis). TMRS has confirmed that by making these plan design changes the City's required annual contribution rate for 2011 will be reduced from 17.97% (phase in rate) to 14.24% (full rate). Note: The City's actual full rate for 2011 under the annually repeating feature is 22.66 %, however the City has been contributing under the eight year phase -in rate, therefore 17.97% phase -in rate. The statute governing TMRS restricts an employer to only one plan in which all eligible employees must participate. As TMRS benefits were negotiated into the Corpus Christi Police Officers' Association contract, the City must negotiate changes to the City's TMRS plan design with CCPOA. During recent negotiations the City discussed changes to the TMRS plan design, however the only change upon which agreement could be reached was the change from "annually repeating" to "ad hoc" (one time basis only) for required annual contribution rate calculation only. On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association. The ad hoc provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" have been incorporated into the contract. The City budgeted Fiscal Year 11 based upon an estimate by TMRS of 14.31%* effective January 1, 2011 (7 months of the fiscal year) • *This estimate was calculated prior to completion of TMRS annual plan actuarial analysis, and upon completion of that analysis, when the actual 2011 rate was determined, TMRS was able to provide a final rate for 2011 based upon the proposed change to ad hoc. The final 2011 rate being 14.24 %. The 0.07% reduction in the 2011 required contribution rate will result in savings to the Fiscal Year 11 budget. Under the ad hoc method, Council will have to approve an ordinance each year to authorize "Updated Service Credits" and "Increased Pior and Current Service Annuities ". Page 1 of 3 ORDINANCE AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE MEMBERS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 'I. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act "), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System ") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. SECTION 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. Page 2 of 3 (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. SECTION 3. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2011. 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 of this ordinance be given full force and effect for its purpose. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed as an emergency measure this the 14th day of December, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APP ED AS TO FORM / /dealt 30 , 2010 B Jennifer A. Knox - Walker Assistant City Attorney for City Attorney —268— Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Eiizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 14, 2010 AGENDA ITEM: AN ORDINANCE APPROPRIATING PAYMENT FROM NUECES COUNTY IN THE AMOUNT OF $15,500 IN THE NO, 1066 HEALTH GRANTS FUND, AS THE FIDUCIARY AGENT ON BEHALF OF THE REGIONAL HEALTH AWARENESS BOARD, FOR SERVICES TO BE PROVIDED BY THE BOARD; AND DECLARING AN EMERGENCY. ISSUE: The County of Nueces provided funding supporting the Regional Health Awareness Board throughout their 2009 -2010 fiscal. This $15,500 is the last two installments of their $31,000 allocation for their 2009 -2010 fiscal. Before the funds can be used they must be appropriated. REQUIRED COUNCIL ACTION: The City must appropriate funds for the Regional Health Awareness Board. PREVIOUS COUNCIL ACTION: Acceptance and appropriation of funds in the amount of $67,500.00 received from the City of Corpus Christi, Nueces County and San Patricio County on June 15, 2010. CONCLUSION AND RECOMMENDATION: Staff recommends the appropriation of funds to be used by the Regional Health Awareness Board. Margie C. Rose Assistant City Manager maroier(cctexas.com (361) 826 -3232 Attachments Usf Susan Utley, Program Coordiia)tor Regional Health Awareness Board susan uCccctexas. com (361) 826 -3370 -273- BACKGROUND INFORMATION The Regional Health Awareness Board (RHAB) is supported through an Inter -local Agreement by the City of Corpus Christi, Nueces County, and San Patricio County. The purpose of the RHAB is to ensure that opportunities exist for quality dialogue by the citizens of the Coastal Bend on the issues impacting health, safety, environment, and life quality. The RHAB functions as an independent committee to coordinate and enhance awareness of the various existing forums for community dialogue, and it serves as a clearinghouse for ensuring that inquiries are addressed in the appropriate forum. The City of Corpus Christi is the Fiduciary Agent of the RHAB. The purpose of the funds is to support the mission and goals of the RHAB. AN ORDINANCE APPROPRIATING PAYMENT FROM NUECES COUNTY IN THE AMOUNT OF $15,500 IN THE NO. 1066 HEALTH GRANTS FUND, AS THE FIDUCIARY AGENT ON BEHALF OF THE REGIONAL HEALTH AWARENESS BOARD, FOR SERVICES TO BE PROVIDED BY THE BOARD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Payment from Nueces County in the amount of $15,500 is appropriated in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the board. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2010. ATTEST: Armando Chapa City Secretary APPROVED: November 19, 2010 • Ellzabj R. Hundley Assi z - nt City Attorney for the City Attorney EHord323 CITY OF CORPUS CHRISTI Joe Adame Mayor -275- Page 1 oft Page 2 of 2 Corpus Christi, Texas Day of , 2010. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 14, 2010 AGENDA ITEM: a. Motion to authorize City Manager or designee to execute documents to accept donation of $50,000 from HEB for City recycling education program; including documents regarding placement of HEB sponsorship logo on recycling bins. b. Ordinance appropriating $50,000 donation from HEB into the No. 1020 General Fund for City recycling education program; changing the FY 2010 -2011 Operating Budget adopted by Ordinance 028683 by increasing revenues and expenditures by $50,000; and declaring an emergency. ISSUE: The City will Iaunch single stream recycling in conjunction with RecycleBank rewards in late January of 2011. In the beginning of the process, RecycleBank approached the project team to recommend a national sponsor to be included on the new blue "smart cart". Before a decision could be made the national sponsor reconsidered and the project team decided to pursue Iocal underwriting instead. The project team felt that since the City has a long -term recycling relationship with H -E -B based on the recycling drop off centers they might be a suitable partner. Since then H -E -B has committed $50,000 in support of the local recycling program. REQUIRED COUNCIL ACTION: Approval to accept and appropriate. PREVIOUS COUNCIL ACTION: • On October 12, 2010 the City Council approved a service agreement with BFI Waste Services of Texas, LP, for the Collection, Processing and Marketing of Residential Recyclable Commodities. BFI will expand their local recycling facility with $4.3 million of plant improvements and employ an additional 16 permanent employees. • On October 12, 2010, the City Council approved an agreement with RecycleRewards, Inc. to offer an incentive based recycling program to City residents. • On November 16, 2010, City Council approved the lease purchase of 85,000 blue 96- gallon recycling carts, and 2,000 blue 64- gallon recycling, to provide all Solid Waste collection customers the opportunity to participate in the enhanced recycling program. The carts are to be delivered beginning the week of January 3, 2011. CONCLUSION AND RECOMMENDATION: Approval accepting the sponsorship and motion to appropriate for recycling education. Attachments: Background . Logol[JJse Agreement Graphic Depiction of Cart Lid —279— Ph& ()OWL Kim Womack Director of Public Information Kimw @cctexas.com 361/826-3211 BACKGROUND INFORMATION As part of the recycling program launch, the project team has been meeting weekly working on a variety of logistics. During one of the weekly meetings with RecycleBank the group mentioned the possibility of a national corporate sponsor who potentially would want to be included as a sponsor on the recycling cart for a large donation to the program. Before a decision could be made, the national sponsor reconsidered and chose not to participate. In the interim, the project team decided to inquire to see if H -E -B a long time recycling partner was interested in such a sponsorship. H -E -B has maintained parking lot recycling drop -off locations for a number of years and remains committed to recycling throughout their service area and would make a natural partner going forward. The project team inquired to H -E -B's interest and received word that H -E -B has approved $50,000 to the recycling program. In an effort to continue to support the success of the program, the funds will be set aside to be used for recycling education. It is the project team's hope that other corporate sponsors will come forward to help support the on -going programs to include a classroom education component and neighborhood initiatives. —280— December 3, 2010 Ms. hrr11cy Pam co f Public errs tiger ows Region[ 4 �8' ostar riga CcaPis Chris tit TX 7805 #ngL Escralinr QWMANAGER PO Box 0277 ca. IIPIA c hti tj. Tim n6 Main 36142&3220 ' Fax 36.1 0409 Re: Donation Of $50,000 from NEB for city of Corpus Christi Recycling Education Program and placement oil 1 logo on City recycling containers Dear Shelley: The purpose oft is letter is to aclmowledge acceptance-of donation o $50,000 from to be used for.:the City et Christi for the ityRycling, Education Program, and to request H -E concurrence to placements fH; F B ley oh cycling bias currently being ordered. By s gnaturebeloiv, E- authorizes the placementofthe lop on the top lid of apprre timately 80,9011 ,recyclingbina to be distributed throughout the Corpus : CIS to • waste customers.. The graphic to ! e used ts attached for your referees. in order to meet orderingrdeadtrriies, please return this signed,letter back to Ms. Ism Womack, Director.of Public information,, no later than Wednesday, December 8, I0 10 If you have a4 questions ctrncorni! g this matter, please contact Mss, Womack . at :(361) 826-3211, or via email to: KinlWilboctezatcom Sincerely, 'Angel R. mbar. City Manager —281— FOR QUESTION5 A6OuT CCIF,,L 5 CHiISTI RECYCLES C.ALL 826.2489 Place ONLY Recyclable Items In This Cart Oa HOT Place These Items In This Cart E a Arr- Paper Cloth / Textiles / Diapers u (A Batteries / Electronics n Corpus Christi YES Paper, Cardboard, &Junk Mail d recycles Yard Waste /Leaves ••-,, Styrofoam / Pyrex c� Ln Plastic Glass / Ceramics v ... c.., c� En PlasScs wal, Number tt - 71 Garden Hoses afille a. lir < Q E g Fvod Scraps n Metal N Pizza Boxes n 0 Proud Sponsor (113 Aluminum, Tin, & Steel Cans Hazardous Waste D www.corpuschristirecycles.com wob•sepf Jilv!isiJ 1daoD.MMM Page 1 of 1 ORDINANCE APPROPRIATING $50,000 DONATION FROM HEB INTO THE NO. 1020 GENERAL FUND FOR CITY RECYCLING EDUCATION PROGRAM; CHANGING THE FY 2010- 2011 OPERATING BUDGET ADOPTED BY ORDINANCE 028683 TO INCREASE REVENUES AND EXPENDITURES BY $50,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $50,000 donation from HEB is appropriated in the No. 1020 General Fund for City recycling education program; changing FY 2010 -2011 operating budget adopted by ordinance 028683 to increase revenues and expenditures by $50,000.00. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: December 9, 2010 Lisa Ag r, Assistant City Attorney for the City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 15 AGENDA MEMORANDUM City Council Action Date: December 14, 2010 SUBJECT: New Fire Station No. 18 (BOND 2008) Project No. 52461 CIP No. PH 04 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Chuck Anastos Associates, LLC of Corpus Christi, Texas, in the amount of $151,073 for the New Fire Station No. 18 for design, bidding and construction phase services and additional services. (BOND 2008) ISSUE: This project was approved on November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 2 Fire Department Improvements. This project will design and construct a new fire station in order to meet the needs of development and increased call volume in the Ayers Road area between Saratoga Boulevard and South Padre Island Drive. A contract for professional services is required to complete the design phase, bid phase, construction phase and additional services; and requires City Council approval. Chuck Anastos Associates, LLC was initially selected for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. FUNDING: Funding is available from the Fire Department Improvements Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E. Director of Engineering Services 361-826-3781 petean ecctexas. com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Support Material: Background Information Prior Project Actions Contract Summary Project Budget Location Map H:IHOMEEKeIly0SGENIPOLICE 8 FIREIFIRE1524S. New Fire Stalian No. 18 Large AEl2 AGENDA MEMO.doc —287— AGENDA BACKGROUND INFORMATION SUBJECT: New Fire Station No. 18 (BOND 2008) Project No. 52461 CIP No. PH 04 PROJECT DESCRIPTION: This project will design and construct a new fire station in order to meet the needs of development and increased call volume in the Ayers Road area between Saratoga Boulevard and South Padre Island Drive. The size of the facility shall be approximately 5,635 square feet and accommodate 2 captain spaces. The exterior walls will be designed to provide a shelter in place structure and to provide a better, airtight building than is capable with a metal building structure. The roof structure will be a low. pitched sloped roof or flat (slope to drain) roof, eliminating the voluminous space in the apparatus room and above the living areas. The facility will have a fire suppression system throughout and depending on the geotechnical report; this facility may require a suspended concrete slab foundation. The air conditioning system(s) will meet current national standards and the facility will be designed to incorporate green building technologies wherever practical. This will include building orientation, screening of windows, and selection of sustainable materials when appropriate and affordable. CONTRACT DESCRIPTION: The consultant, Chuck Anastos Associates, LLC, will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases and additional services described further below: The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with a Design Memorandum which includes preliminary designs, drawings, and written description of the project. The design phase will implement the preliminary phase recommendations and prepare the construction plans and specifications, final cost estimates, and permit applications. The bid phase services will include coordinating and participating in the pre - bid meeting, addendums, bid opening and award recommendations. The construction phase includes construction administrative support with periodic site reviews, meetings, contractor and testing submittal reviews, general correspondence, and participation in the final inspection /warranty period. Additional services include warranty inspection, preparation of record drawing set, topographic survey, submission to TDLR, public art design coordination, landscape & irrigation plans and construction observation services. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad EXHIBIT "A" Page 1 of 2 1-I:1HOME\KeIIyO1GENSPOLICE 8 FIRE\FIRE15246- New Fire Station No. 18\Lar TENDA BACKGROUND.doc valorem property taxes (a General Obligation Bond Issue) in Street, Public, Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H:IHOME4KeliyOIGENSPOLICE 8 FIREIFIRE15248- New Fire Station No. 181Lerge2Fe OGENDA BACKGROUND.doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: New Fire Station No. 18 (BOND 2008) Project No. 52461 CIP No. PH 04 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009- Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local), —290 - H:IHOME1KeIlyO1GENIPOLICE & FIR>w1FIRE15246- New Fire Station No. 18\Large AE14 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: New Fire Station No. 18 (BOND 2008) (Project No. 52461 CIP No: PH 04) 1. SCOPE OF PROJECT A new fire station will be constructed to meet to needs of development and increased call volume in the Ayers Road area between Saratoga Boulevard and South Padre Island Drive. This location responds to the 2005 Tridata Comprehensive Analysis of Fire and EMS Delivery Study to improve response time and coverage. This project will include the cost of construction for a new fire station with building, equipment and parking on City owned property. The new station will be approximately 5,600 square feet and located at the corner of Ayers Road and Saratoga Boulevard next to the new Public Safety Warehouse for Police and Fire. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday December 8, 2010 Begin Preliminary Design Phase Monday January 10, 2011 Design Memorandum Submission Friday January 28, 2011 City Review Meeting Monday January 31, 2011 Begin Design Phase Friday May 13, 2011 100% Design Review Submission Friday June 3, 2011 City Review Meeting Monday June 27, 2011 Final Design Submission Monday (2) TBD Advertise for Bids Tue/Wed /Fri TBD Pre -Bid Conference Wednesday TBD Receive Bids Monday TBD Begin Construction Weekday TBD Construction Completion —291— H:IHOMESKettyOIGENIPOLICE & FIREIFIRE15246- New Fire Station No. 18ttarge AEIS CONTRACT SUMMARY.dac 4. SUMMARY OF FEES Fee for Basic Services 1. Preliminary Phase 20,772.00 2. Design Phase 76,827.00 3. Bid Phase 1,000.00 4. Construction Phase 10,157.00 Subtotal Basic Services Fees $108,756.00 Fee for Additional Services (Allowance) 1. Warranty Inspection 1,500.00 2. Preparation of Record Drawing Set 2,000.00 3. Topographic Survey 3,500.00 4. Submission to TDLR 3,500.00 5. Public Art Design Coordination 500.00 6. Landscape & Irrigation Plans 2,500.00 7. Supplemental Construction Observation 28,817.00 Sub -Total Additional Services Fees $42,317.00 Total Fee $151,073.00 The estimated construction cost for the New Fire Station No. 18 project is $1,460,302. The total basic services fee proposal for this project is $108,756. Therefore, the percentage of design cost to construction cost is 7.44 %. —292— H:IHOMEBKeIlyOIGENIPOLICE & FIREIFIRE15246- New Flre Station No. 181Large ABS CONTRACT SUMMARY.doc PROJECT BUDGET NEW FIRE STATION NO. 18 (BOND 2008) Project No. 5246 December 7, 2010 FUNDS AVAILABLE: Bond 2008 (Fire Imp CIP) $2,100,000.00 FUNDS REQUIRED: Estimated Construction, Contractor TBD $1,460,302.00 Contingencies 146,030.20 Consultant Fees: Consultant,Chuck Anastos Associates, LLC. $151,073.00 Estimated Testing $29,206.04 Reimbursements: Contract Administration (Contract Preparation /AwardlAdmin) $32,856.80 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 51,110.57 Construction Inspection (Included in Consultant Contract) 0.00 Finance Issuance 18,253.78 Misc. (Printing, Advertising, etc.) 7,301.51 TOTAL $1,896,133.89 ESTIMATED PROJECT BUDGET BALANCE $203,866.11 EXHIBIT "D" Page 1 of 1 -293- \Mprojecf \counc;lexh;b ;ts\exh5246.d wg F.M. 43 LOCATION MAP NOT TO SCALE PROJECT #5246 N EXHIBIT NEW FIRE STATION NO. 18 (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/07/2010 -- NW NM 16 AGENDA MEMORANDUM December 14, 2010 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to ratify services provided and to execute Amendment No. 27 to the professional architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $59,932.95, for a restated not to exceed total fee of $4,084,792.08 for additional construction management and inspection services for Airfield Equipment, Storage and Maintenance Facility Project No. 10068. AMENDMENT: The amendment provides for additional construction management and inspection services for the Airport Equipment, Storage and Maintenance Facility through October 31, 2010. The project is being managed and inspected by PGAL. All local field construction management and inspection services is provided by PGAL's local sub - consultant (Martinez, Guy, and Maybick). The amendment provides for additional time for completion of construction of the project due to significant rain delays. CONSULTANT SELECTION /PROJECTS: The City selected PGAL for Airport engineering services through an RFP for a multi -year service agreement in 2004. The agreement was set up to be amended to authorize additional projects as funding becomes available from the FAA. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. The contract has previously been amended 26 times as FAA and local funding became available to authorize for new projects and additional services associated with those projects. FAA requested the amendment to ensure improvements constructed after the anticipated completion of the project conform to the plans and specifications. FUNDING: Funding is available from the Airport Capital and Grant Funds. The FAA is providing 95% of the funding for this amendment. RECOMMENDATION: Approval of the motion as presented. 0;le--- Fred Segundo Director of Aviation 361 - 289 -0171 ext. 1213 fredsCa7cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1. Prior Council /Administrative Action Exhibit B. Contract Summary Exhibit C. Location Map Pete Anaya, P.E. Director of Engineering Services 361 - 826 -3781 peteanCa?cctexas.com —297 - H•1HC]MEIKEVINS1GEMAIR restored1 2004Improvements \AE- PGALIAEAmd27AwdMemo.doc BACKGROUND INFORMATION CONTRACT SUMMARY: The amendment provides for additional time required for completion of construction project. The project was anticipated to be completed in one year or less. The total contract duration is anticipated to be 18 months as a result of delays. Delays were caused by caused by heavy rain events. The additional construction duration has required the consultant to continue to staff the projects for a longer time than was originally funded in their contract. The Consultant will invoice only for their services, time and expenses incurred due to the project delay. The Consultant originally was providing project management and inspection for six projects that were to run concurrently and finish at approximately the same time. The fee for construction management and inspection (CMI) services for all six projects totaled $312,174.30. The additional six months of CMI services forthe Maintenance Facility were required as a result of project scope change orders, problems with soil compaction and the placing of concrete forthe foundation and delays due to inclement weather. The additional services resulted in a requested increase in authorized fee of $59,932.95. The amendment funds the additional costs incurred by the Consultant through October 31, 2010. The services include the additional six months of site project management, project inspection, and construction phase services. FAA has reviewed the addition fee and will provide 95% of the cost of the amendment. The amount of the amendment does not include the Consultant's overhead markup pending FAA review and approval. A contract summary is attached. See Exhibit B The selection of Pierce Goodwin Alexander and Linville (PGAL) of Houston, Texas was through an RFP process in compliance with Federal Aviation Administration regulations. The firm was selected to provide professional architectural and engineering service forthe Corpus Christi International Airport fora multiple year period. FAA will pay 95% of the cost of this amendment. ADDITIONAL INFORMATION: This amendment addresses the additional construction management and inspection time to complete the following projects: • Airfield Equipment, Storage and Maintenance Facility Project No. 10068. PRIOR COUNCIL ACTIONS /ADMINISTRATIVE ACTIONS: There have been extensive contract amendments with PGAL. PGAL was selected for a multi -year contract to provide engineering services for CCIA in 2004. Each additional service and new project required Council or staff authorization. The process that was used to authorize the additional scope or to provide services for a new project was through a contract amendment of the original contract. This was done to enable rapid authorization to meet critical FAA deadlines. Failure to meet the FAA deadline could result in either a loss of funding or reduction of discretionary funding in future years. A complete list of Council and staff actions is attached. See Exhibit A -1. —298— W• I ICFI 7CIC1- EGPPrlAr1111AIf'1119nin f'....n.+il Arnr1.77 AurrlRknPvhA Ilf'W EXHIBIT A Page 1 of 2 FUTURE COUNCIL ACTIONS: Council will be requested to authorize: • Award of any new construction contracts (Rent Car Quick Turn Around Facility); • Award of any change orders that may require Council action; and • Award of future construction contracts, engineering and engineering contract amendments when authorized by FAA. FUNDING: Funding is available from FAA Grants and Airport Capital Reserve. The FAA is paying for 95% of the amendment and Airport Capital Reserves are funding the additional 5 %. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. —299 - H:IHOMEIKEVINSIGENWIR restored12004Improvements WE- PGALIAEAmd27AwdBkgExhA.doc EXHIBIT A Page 2 of 2 PRIOR ACTIONS PRIOR COUNCIL ACTIONS: The Council awarded a multi -year contract for architectural/engineering services to Pierce Goodwin Alexander and Linville (PGAL) of Houston, Texas in 2004 in accordance with the required FAA selection procedures. Compliance with FAA regulations in the selection, award, contracting and payment procedures is necessary to receive FAA funding. FAA grants traditionally paid 80% of the capital cost of eligible projects. FAA is currently paying 95% of the eligible project costs. Specific actions previously taken by Council in regard to the contract with PGAL were: June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute an architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $1,375,025 for multiple Airport Improvement Projects including Runway 13131 Rehabilitation, Overlay, Blast Pads, Shoulders and Edge Lighting; Airfield Drainage Improvements Ph. 3; Runway 13 Localizer Relocation; and the CCIA Master Plan Update (Motion No. 2004 -224); August 29, 2006 — a. Ordinance Appropriating $376,950 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for Professional Services Associated with Engineering and Design of the West GA Apron and Drainage Improvements, Phase V at Corpus Christi International Airport; Funds will be Reimbursed upon Award of Federal Aviation Administration Grant 38; Amending FY 2006 -2007 Operating Budget Adopted By Ordinance No. 026908 to Increase Appropriations by $376,950; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $376,950 for the Corpus Christi International Airport West General Aviation Apron Rehabilitation and Drainage Phase V Improvement Projects (Motion No. 2006 -272); December 12, 2006 - a. Ordinance Appropriating $75,000 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for Professional Services for a Benefit / Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31 at Corpus Christi International Airport; Funds will be Reimbursed upon Award of Federal Aviation Administration Grant 38; Amending FY 2006 -2007 Operating Budget Adopted by Ordinance No. 026908 to Increase Appropriations by $75,000; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to the architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $75,000 for a Benefit / Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31 (Motion No. 2006-399). July 10, 2007 - Motion authorizing the City Manager, or his designee, to execute Exhibit A -1 Page 1 of 4 -300- Amendment No. 11 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $327,000 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects (Motion 2007 -176); August 19, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility (Motion 2008 -221); October 21, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects for construction management and inspection (Motion No. 2008 -273); January 13, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $175,987.00, for a restated not to exceed total fee of $3,073,820..80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for engineering design, bid and construction phase services (Motion 2009 -004); July 14, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid, including allowance, and Additive Alternatives 1 - 2 with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount not to exceed $2,053,000.00 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility (Motion 2009 -192); September 8, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 23 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $212,150.00, for a restated not to exceed total fee of $3,310,747.60 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034 (Motion 2009 -246); December 8, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 24 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $100,023.50, for a restated not to exceed total fee of $3,410,771.10 for additional construction management and inspection services, which was requested by FM, for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034 (Motion 2009- 340); and Exhibit A -1 Page 2 of 4 -301- April 27, 2010 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 25 to the professional architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc, of Dallas, Texas (PGAL) in an amount not to exceed $517,000.00, for a restated not to exceed total fee of $3,927,771.10 for design, bid and construction phase services for a new Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility. (Project #10030) (Motion 2010 -097). PRIOR ADMINISTRATIVE ACTIONS: September 13, 2005 - Administrative award of Amendment No. 1 to PGAL for engineering services in the amount of $6,340.00 to provide drawings, plans and specifications and change order coordination for repair of runway pavement damage repair caused by contractor's pipe jacking and boring operations by placing pipe at two locations by the open cut method. February 16, 2006 - Administrative award of Amendment No. 2 for engineering services to PGAL in the amount of $4,785.00 for design a runway guard Tight system to be constructed on Taxiway "A" at the approach end of Runway 31 and 35 to be constructed via a change order to be negotiated with the City's Runway 13/31 Rehabilitation contractor. April 18, 2006 - Administrative award of Amendment No. 3 for engineering services to PGAL in the amount of $4,785.00 for design grade adjustments to improve drainage and eliminate slope criteria deficiencies at ends of Runway 13/31 within the RSA. May 19, 2006 - Administrative award of Amendment No. 4 for engineering services to PGAL in the amount of $22,658.00 for design services necessary for open cutting of Taxiways A, B, D and E for storm sewer crossing originally specified to be bored. Work was associated with Change Order No. 7 and funds for the boring were deleted from the contractor's contract price. September 11, 2006 - Administrative award of Amendment No. 6 for engineering services to PGAL in the amount of $22,000.00 for providing the services of a title company to research and provide descriptions of all easements and other encumbrances that may affect the development of the Master Plan Update or future land use. May 15, 2007 - Administrative award of Amendment No. 9 for engineering services to PGAL in the amount of $8,000.00 for two Master Plan presentations (Planning Commission and City Council). June 14, 2007 - Administrative award of Amendment No. 10 for engineering services to PGAL. in the amount of $5,610.00 for design services to effect immediate repairs to the downstream headwall for Drainage Line MD -1 to repair erosion and other damage to secure the area from further damage through a change order to the Runway 17 -35 Improvements. March 27, 2008 -- Administrative award of Amendment No. 12 for engineering services to PGAL in the amount of $9,336.00 for a boundary survey required as part of Airfield Drainage Phase VI suitable for the City to acquire either in whole or a portion of a 15,858 -acre tract of land that will be crossed by the realignment of Main Ditch 1 (MD -1). April 10, 2008 - Administrative award of Amendment No. 13 for engineering services to PGAL in the amount of $1,500.00 to revise bid, contract, and project documents to Exhibit A -1 Page 3 of 4 -302- include additive alternate bid documents for Phase VI Drainage based upon the request of the Federal Aviation Administration and the City. April 28, 2008 -- Administrative award of Amendment No. 14 for engineering services to PGAL in the amount of $14,100.00 for Conceptual Planning Services for the proposed redevelopment of the Rental Car (RAC) Facilities at CCIA. December 5, 2008 -- Administrative award of Amendment No. 17 for engineering services to PGAL in the amount of $9,020.00 for additional design phase services for the CCIA Drainage Phase 6 Improvements. September 9, 2008 -- Administrative Award of contract for geotechnical services to Professional Services Industry in the amount of $7,005.00. March 9, 2009 - Administrative award of Amendment No. 19 for engineering services to PGAL in the amount of $1,750.00 telecommunications consulting services for the CCIA Airfield Equipment and Maintenance Facility. March 9, 2009 - Administrative Award of contract for Amendment No. 1 for geotechnical services to Professional Services Industries in the amount of $787.00 for a restated not to exceed fee of $7,792.00. March 31, 2009 - Administrative award of Amendment No. 20 for engineering services to PGAL in the amount of $5,676.00 for field utility location and survey services consulting services for the CCIA Airfield Equipment and Maintenance Facility. June 18, 2009 - Administrative award of Amendment No. 21 for engineering services to PGAL in the amount of $17,350.00 to prepare plans, specifications, bid and contract documents for Taxiway B4 Widening as a stand alone construction project. August 20, 2009 - Administrative award of Amendment No. 22 for engineering services to PGAL in the amount of $ -0- for Construction Management and Inspection (CMI) services for the CCIA Perimeter Road Improvements project (CC PN 10027). August 20, 2009 - Administrative Award of contract for engineering materials inspection and testing services to Profession Services Industries in the amount of $43,306.00. Exhibit A -1 Page 4 of 4 -303- CONTRACT SUMMARY PGAL will provide Additional Services for Construction Management and Inspection services due to additional construction duration due to additional scope and weather delays for the following projects: • Airfield Equipment, Storage and Maintenance Facility Project No. 10068 The scope of services will include services as provided by the Scope of Services as follows: 1. Provide Project Manager and Engineer to manage and oversee all aspects of Construction Management and Inspection Program. The Engineer will make site visits periodically and as needed for the Project and will be available at all times to consult and provide assistance. The Project Manager will coordinate various aspects of project including assuring proper staffing levels as well as prepare billing and other oversight tasks. 2. Provide a full -time Civil Inspector trained and familiar with the type of construction required for the project to monitor construction activities, materials testing, track project progress and prepare daily reports for submission to the Airport and Engineer. Airport and Engineer understand that the Inspector will cover multiple projects and may not be present for all construction activities depending on the day -to -day work Toad. 3. Ensure all on -site employees will be badged as required. 4. Provide off -site clerical and technical staff for preparation of proper construction management and inspection documentation. 5. Participate in pre - construction conference with Project Manager and Inspector in attendance. 6. Inspector will attend weekly construction meetings and help resolve design and construction matters. 7. Advise CCIA representatives on minor changes that do not affect cost and /or quality of the Contractor's work. 8. Consult with Airport on changes in scope or design that affect cost and make recommendations to Airport for solution. 9. Review and coordinate contractor's progress schedule and critical path updates with the contractor and airport representatives. 10. Monitor amounts owed to the Contractor for progress and final payments. 11. Monitor and report on status of traffic control, barricades, SW3P, and other on -going safety /operational tasks deemed as necessary. 12. Make pre -final and final inspections with the Airport staff and provide a statement of completion for the project. 13. Review the Contractor's as -built construction drawings and prepare records of project as constructed. C. Summary of Fees —304 - H:1H OMEIKEVI NSIGENIAIR_ restored12004Improvements \AE- PGALIAEAmd27SumExh B.dac Exhibit B Page 1 of 5 Total Original Contract Total Authorized Fee (Runway 13/31, Drainage Ph. 3, Airport Beacon Relocation & $1,375,025 —304 - H:1H OMEIKEVI NSIGENIAIR_ restored12004Improvements \AE- PGALIAEAmd27SumExh B.dac Exhibit B Page 1 of 5 Master Plan Update) Amendment No. 1 0 Pavement Repair Design Services 6,340 Amendment No. 2 0 Runway Guard Light System Design Services 4,785 Amendment No. 3 0 Drainage and Slope Grade Deficiency Corrections 6,700 Amendment No. 4 0 Open Cut and Repair Taxiways A, B, D & E Design 22,658 Amendment No. 5 0 West General Aviation Apron Rehabilitation 236,907 Drainage Phase V 140,043 Amendment 5 Fee 376,950 Amendment No. 6 0 Title Research 22,000 Amendment No. 7 0 Benefit Cost Analysis Extending 13131 75,000 Amendment No 8 0 BCA Extend 13/31 Additional Presentations 8,000 Amendment No. 9 0 Master Plan -- Additional Presentations 8,000 BCA Extend 13/31 Additional Presentations -8,000 Amendment No. 10 0 Drainage Line MD -1 Repairs 5,610 Amendment No. 11 0 Taxiway System Rehabilitation, and 0 Total Taxiway Rehabilitation Fee 94,000 Taxiway System SignagelLighting Rehabilitation 0 Total TW SignagelLighting Fee 50,000 Drainage Improvements Phase VI 0 Total Drainage Ph. VI Fee 183,000 Total Fee Amendment No. 11 327,000 Amendment No. 12 0 Additional Services: 0 Surveying 9,336 Total Fee Amendment No. 12 9,336 Amendment No. 13 0 Bid Phase Services --- Revise Drainage Phase VI as Additive Alternate 1,500 -305 - H:IHOMEIKEVINSIGENIAI R_resto red120041mprovements \AE- PGALIAEAmd27SumExhB.doc Exhibit B Page 2 of 5 Total Fee Amendment No, 13 1,500 Amendment No. 14 0 Conceptual Planning — Rental Car Facilities 14,100 Total Fee Amendment No. 14 14,100 Amendment No. 15 Perimeter Road Improvements 0 Basic Services: 0 Preliminary Phase Services 6,000 Design Phase Services 92,900 Bid Phase Services 3,026 Construction Phase Services 26,590 Additional Services 0 Surveying 50,505 Total Perimeter Road Improvements 179,021 Airport Rescue and Firefighting Facility Basic Services: 0 Preliminary Phase Services 2,600 Design Phase Services 0 Pavement Design & Documentation 70,000 Building Design and Documentation 53,900 Bid Phase Services 3,000 Construction Phase Services 25,012 Additional Services: 0 Surveying 15,532 Total Airport Rescue and Firefighting Facility 170,044 Equipment Airfield Equipment and Maintenance Facility Basic Services: Preliminary Phase Services (Scope and Site Location — 15% Design) 25,000 Airfield Equipment and Maintenance Facility 25,000 Total Fee Amendment 15 374,065 Amendment 16 Construction Phase Services 41,457.00 Construction Inspection 218,287.80 Total Fee Amendment No 16 259,744.80 Amendment No. 17 Design Phase Services 9,020 Total Amendment No. 17 9,020 Amendment No.18 —306 - H:IHOME\KEVINS\GENIAI R_restored120041 mprovementsAAE- PGAL'AEArnd27SumExh B.doc Exhibit B Page 3 of 5 Equipment Airfield Equipment and Maintenance Facility Basic Services: Design Phase Services 146,446 Bid Phase Services 3,000 Construction Phase Services 26,541 Total Amendment No. 18 175,987 Amendment No. 19 Telecommunications Design for Airfield Equipment & Maintenance Facility 1,750 Total Amendment No. 19 1,750 Amendment No. 20 Subsurface Utility Excavation — Backhoe & Crew at $197.50 per hour — Not to Exceed 16 Hours. 3,160 Surveying Crew @ $125.00 per hour -- Not to Exceed 16 Hours. 2,000 PGAL Administration & Coordination 516 Total Amendment No. 20 5,676 Amendment No. 21 Taxiway B4 Widening . Design Phase Services -- Preparation of Plans, Specifications, Bid and Contract Documents 6,200 Bid Phase Services 5,350 Construction Phase Services 5,800 Total Amendment No. 21 17,350 Amendment No. 22 Perimeter Road Improvements Additional Services: Construction Management and Inspection 0 Total Amendment No. 22 0 TOTAL AUTHORIZED FEE 3,098,596.80 Amendment No. 23 Airfield Equipment and Maintenance Facility, ARFF Improvements, CCIA Terminal Re- Roofing Project (Old Wing) 2008, Toll Plaza Foundation Repairs, and Chiller Installation Additional Services — Construction Management and Inspection 212,150.80 Total Amendment No. 23 212,150.80 Amendment No. 24 Airfield Equipment and Maintenance Facility, ARFF Improvements, CCIA Terminal Re- Roofing Project (Old Wing) 2008, Toll Plaza Foundation Repairs, and Chiller Installation Additional Services — Construction Management and Inspection 100,023.50 —307 - 1:WOMEIKEVI NSIGENIAIR_restored120041 mprovementslAE- PGAL\AEAmd27SumExhB.doc Exhibit B Page4of5 Total Amendment No. 24 100,023.50 Amendment No. 25 Rent Car Quick Turnaround Facility Phase 1 — Concept Design 118,000 Phase 2 — Final Design 235,000 Phase 3 — Construction Services 105,000 Business and Financial Assistance Services 26,000 Reimbursable Expenses 33,000 Total Amendment No. 25 517,000 Amendment No. 26 Taxiway Rehabilitation Project No. 10019; Taxiway Signage /Lighting Project No. 10020; Airfield Drainage Phase 6 Project No. 10021; and Airfield Perimeter Road Improvements Project No. 10027. Additional Services — Construction Management and Inspection 97,087.83 Total Amendment No. 26 97,087.83 Amendment No. 27 Airfield Equipment, Storage & Maintenance Facility Project No. 10068. Additional Services — Construction Management and Inspection 59,932.95 Total Amendment No. 27 59,932.95 TOTAL AUTHORIZED FEE 4,084,792.08 -308 - H ;IHOME\KEVI NSIGENIAI R_ restored220041mprovements \AE- PGAL1AEAmd27SumExhB.doc Exhibit B Page 5 of 5 File : \Mproject \councilexhibits \exh 10028b.dwg Km. 624 COQ RPUS M y BAY PROJECT LOCATION LOCATION MAP NOT TO SCALE HWY 44 AGNES RD. PROJECT SITE MCGLOIN ROAD BEAR LANE PROJECT # 10028 SITE PLAN NOT TO SCALE EXHIBIT "C" AIRFIELD EQUIPMENT, STORAGE AND MAINTENANCE FACILITY -200 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE. 12 -07-2010 - — OW WWI 17 AGENDA MEMORANDUM Citv Council Action Date: December 14, 2010 SUBJECT: FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge (Project No. E09081) SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road (Project No. E10226) FM 43 on Weber Road from SH 358 SPID to SH 357 Saratoga Boulevard (Project No. El 0227) Holly Road Improvements from SH 286 to Greenwood Drive (Project No. 6408) AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $23,560 for adjusting manholes and valves on FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge (an on- system location) including construction items and direct state costs. B. Resolution authorizing the City Manager, or his designee, to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $6,840 for adjusting manholes on SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road (an on- system location) including construction items and direct state costs. C. Resolution authorizing the City Manager, or his designee, to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $52,303 for adjustment of manholes and water valves on FM 43 on Weber Road from SH 358 SPID to SH 357 Saratoga Boulevard. D. Resolution authorizing the City Manager, or his designee, to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $4,080 for the design of the Holly Road Improvements from SH 286 to Greenwood Drive. ISSUE: The State of Texas, acting through the Texas Department of Transportation, has agreed to enter into an Advance Funding Agreement with the City of Corpus Christi for the following projects: • FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge • SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road • FM 43 on Weber Road from SH 358 SPID to SH 357 Saratoga Boulevard • Holly Road Improvements from SH 286 to Greenwood Drive FUNDING: Funding is available from the FY 2010 -2011 Capital Improvement Program /Bond Issue 2004. -313- H:HOME1VeImaP \GENITXDQTIVARIQUS AFA12 AGENDA MEMO.doc RECOMMENDATION: Staff recommends approval of the Resolutions as presented. Pete Anaya, P.E. Director of Engineering Services (361) 826 -3781 petean(cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Exhibit "G" Exhibit "H" Exhibit "I" Exhibit "J" Support Material: Background Information Advance Funding Agreement Advance Funding Agreement Advance Funding Agreement Advance Funding Agreement Resolution — FM 2444 Resolution -- SH 357 Resolution — FM 43 Resolution — Holly Road Location Map HAHDMEWelmapkGENITXDOTWARIOUS AFA12 AGENDA MEMO.doc — FM 2444 — SH 357 — FM 43 — Holly Road —314— EXHIBIT "A" Page 1 of 4 AGENDA BACKGROUND INFORMATION SUBJECT: FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge (Project No. E09081) SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road (Project No. E10226) FM 43 on Weber Road from SH 358 SPID to SH 357 Saratoga Boulevard (Project No. E10227) Holly Road Improvements from SH 286 to Greenwood Drive (Project No. 6408) ADVANCE FUNDING AGREEMENT DESCRIPTION: FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge - The proposed project is a Texas Department of Transportation (TXDOT) median project on FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge which includes constructing medians and access management elements, adding right turn lanes at some of the intersections, adding lane width at intersections (loons) for U -turn maneuvers, milling and overlaying the entire pavement width between the project limits, and upgrading the curb ramps and sidewalks for compliance with current Texas Accessibility Standards. The City is responsible for relocation or adjustment of utilities associated with this median project. As part of TXDOT's contract with Bay, LTD., the contractor will do the final adjustment of the manholes and valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these entities at the appropriate time and for the City to reimburse TXDOT for the adjustments. SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road - The proposed project is a TXDOT median project on SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road which includes constructing medians and access management elements, adding right turn lanes at some of the intersections, adding lane width at intersections (loons) for U -turn maneuvers, milling and overlaying the entire pavement width between the project limits, and upgrading the curb ramps and sidewalks for compliance with current Texas Accessibility Standards. The City is responsible for relocation or adjustment of utilities associated with this median project. As part of TXDOT's contract with Bay, LTD., the contractor will do the final adjustment of the manholes and valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these entities at the appropriate time and for the City to reimburse TXDOT for the adjustments. FM 43 on Weber Road from SH 358 SPID to SH 357 Saratoga Boulevard - The proposed project is a TXDOT Mill and Inlay project on FM 43 on Weber Road from South Padre Island Drive (SH 358) to Saratoga Boulevard .(SH 357) and will consist of milling out 2 inches of asphalt pavement and replacing with 2 inches of new asphalt pavement including associated re- striping. -315- H :IHOME1VeImaPIGENITXDOl1VARIQUS AFA13 AGENDA BACKGROUND.doc The City is responsible for adjustment of utility valve covers and manholes associated with this mill and inlay project. As part of TXDOT's contract with Haas Anderson Construction, the contractor will do the final adjustment of the manholes and valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. Holly_ Road Improvements from SH 286 to Greenwood Drive - The proposed project is a TXDOT participation project (80% / 20%) which was voted on by the citizens in the 2008 Bond Election. The Corpus Christi Metropolitan Planning Organization has selected this project for Metro Mobility and Rehabilitation Category (7) funding for the 2011 funding year. This project will consist of planning and design for Holly Road from SH 286 (Crosstown Expressway) to Greenwood Drive. The project will include the design to increase the two (2) lane roadway to a four (4) lane roadway with a center continuous left turn lane, and utility improvements. Holly Road is city street and considered an off - system project for TXDOT. At this time the City is only responsible for payment of $4,080 for direct state costs, including plan review, inspection, and oversight. A future council item to award preliminary engineering will require city participation in the amount of $136,000. The definition for Category 7 — Metropolitan Mobility and Rehabilitation is as follows: Funding is to address transportation needs within the metropolitan area boundaries of Metropolitan Planning Organizations having urbanized areas with populations of 200,000 or greater. Projects are selected by the Metropolitan Planning Organization in consultation with the districts and interested parties. This program can be used on any roadway with a functional classification greater than a local road or rural minor collector. All projects must be developed in accordance with the applicable federal and state environmental requirements. All projects must also be designed, constructed, operated and maintained in accordance with state laws, regulations, directives, safety standards, and design and construction standards as required by SAFETEA -LU. FUNDING: FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge - The City of Corpus Christi will contribute $23,560 for adjusting manholes and valves on FM 2444 on Staples Street from Saratoga Boulevard to Oso Creek Bridge which is an on- system location, including construction items and direct state costs, due upon full execution of the Advance Funding Agreement. DESCRIPTION TOTAL ESTIMATE COST PARTICIPATION FEDERAL STATE LOCAL COST % COST % COST Adjust manholes and valves $22,654 0% $0 0% $0 100% $22,654 Subtotal $22,654 $0 $0 $22,654 Direct State Costs (including plan review, inspection and oversight) 4% $906 ° 0 /o $0 ° 0 /o $d ° 100 /° $906 Indirect State Costs (no local participation required except for services projects) 6.02% $1,405 0% $0 100% $1,405 0% $0 TOTAL $24,965 $0 $1,405 $23,560 —316— H:IHOMESVelmaPlGENITXDOTWARIOUS AFA13 AGENDA BACKGROUND.doc EXHIBIT "A" Page 2 of 4 SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road - The City of Corpus Christi will contribute $6,840 for adjusting manholes on SH 357 on Saratoga Boulevard from Staples Street to Rodd Field Road which is an on- system location, including construction items and direct state costs, due upon full execution of the Advance Funding Agreement. DESCRIPTION TOTAL ESTIMATE COST PARTICIPATION FEDERAL STATE LOCAL COST % COST % COST Adjust manholes $6,577 0% $0 0% $0 100% $6,577 Subtotal $6,577 $0 $0 $6,577 Direct State Costs (including plan review, inspection and oversight) 4% $263 0% $0 o 0% $p ° 100% $263 Indirect State Costs (no local participation required except for service project) 6.02% $408 0% $0 100% $408 0% $0 Total $7,248 $0 $408 $6,840 FM 43 on Weber Road from SH 358 SPID to SH 357 Saratoga Boulevard - The City of Corpus Christi will contribute $52,303 for adjusting manholes and water valves on FM 43 on Weber Road from SH 358 SPID to SH 357 Saratoga Boulevard which is an on- system location, including construction items and direct state costs, due upon full execution of the Advance Funding Agreement. DESCRIPTION TOTAL ESTIMATE COST PARTICIPATION FEDERAL STATE LOCAL COST % COST % COST Adjust manholes and water valves $45,880 0% $0 0% $0 100% $45,880 Subtotal $45,880 $0 $0 $45,880 Direct State Costs (including plan review, inspection and oversight) 14% $6,423 0% $0 0% $0 100% $6,423 Indirect State Costs (no local participation required except for services projects) 6.2% $2,845 0% $0 100% $2,845 0% $0 Total $55,148 $0 $2,845 $52,303 —317— H :IHOMEIVeImaPiGENVEXD011VARIOUS AFAS3 AGENDA BACKGROUND.doc EXHIBIT "A" Page 3 of 4 IEXHIBIT "A" I Page4of4 Holly Road Improvements from SH 286 to Greenwood Drive - DESCRIPTION TOTAL ESTIMATE COST FEDERAL PARTICIPATION STATE PARTICIPATION LOCAL PARTICIPATION 80% EDC Adjustment 61 5% ( +) Prior to ECD (20% Ad usttr�tt 61 �% (-) Actual Participation Preliminary Engineering $680,000 $544,000 $136,000 $136,000 Subtotal $680,000 $544,000 0 $136,000 0 $136,000 Direct State Costs (including plan review, inspection and oversight) $20 400 $16,320 0 $4,080 0 $4,080 Indirect State Costs (no local participation required except for service projects) 0 0 0 0 0 0 Total $700,400 $560,320 0 $140,080 0 $140,080 —318— H :IHOME4VeImaP1GENSTXDOTIVARIOUS AFAS3 AGENDA BACKGROUND.doe CSJ # 2343 -01 -031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge CDFA: 20.205 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 111734 and 111552 authorizes the State to undertake and complete a highway improvement generally described as constructing concrete medians; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as adiustina manholes and valves on FM 2444 on Staples St., from Saratoga Blvd. to Oso Creek Bridge, hereinafter called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. AFA- AFA_VoITIP P1 of 6 Revised 07/07/10 EXHIBIT "B" Paae 1 of 6 CSJ # 2343 -01 -031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge CDFA: 20.205 Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right -of -way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local AFA- AFA_VoITIP Etgro2of 6 Revised 07/07/10 EXHIBIT " B" Dona of CSJ # 2343 -01 -031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge CDFA: 20.205 Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed. changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. AFA- AFA_VoITIP P3 of 6 Revised 07/07/10 EXHIBIT "B" Pane nfA CSJ # 2343 -01 -031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge CDFA: 20.205 Article 11. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; by the State if it determines that the performance of the Project is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. • Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. Article 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement in the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. AFA -AFA VoiTIP P �% 4 of 6 Revised 07/07110 Z EXHIBIT "B" Paoe4ef6 CSJ # 2343 -01 -031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge CDFA: 20.205 Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Cathy Floyd South Regional Director THE LOCAL GOVERNMENT Name of the Local Government City of Corpus Christi By Date Typed or Printed Name and Title AFA -AFA VoITIP PQes5 of 6 Revised 07/07/10 Z EXHIBIT "BY' Parry S of CSJ # 2343 -01 -031 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: FM 2444 on Staples St, from Saratoga Blvd. to Oso Creek Bridge CDFA: 20205 ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will contribute $23,560, for adjusting manholes and valves on FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge which is an on- system location, including construction items and direct state costs. Description Total Estimate Cost Federal Participation %U Cost State Participation %D Cost Adjusting manholes and valves $22,654 0% $0 0% $0 Direct State Costs (including plan review, inspection and oversight) 4% $906 0% $0 0% $0 Indirect State Costs (no local participation required except for service projects) 6.02% $1,405 0% $0 100% $1,405 TOTAL $24,965 $0 $1,405 Local Participation a Cost o14 100% 100% 0% Local Government's Participation = 623,560.00 Local Government's Participation to the State is due upon full execution of this AFA. This is an estimate only; final participation amounts will be based on actual charges to the project AFA -AFA VoITIP P46 of 6 Revised 07/07/10 EXHIBIT 11 Parra R of A CSJ # 1069 -01 -030 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: SH 357 on Saratoga from Staples St. to Rodd Field Rd CFDA #: 20.205 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 111734 and 111552 authorizes the State to undertake and complete a highway improvement generally described as constructing concrete medians; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as adiusting manholes on SH 357 on Saratoga Blvd., from Staples St. to Rodd Field Rd., hereinafter called the "Project "; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. Article 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. AFA- AFA_VoIT(P Pg 1 of 6 Revised 07/07/10 EXHIBIT "C" Paae 1 of 6 CSJ # 1069 -01 -030 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: SH 357 on Saratoga from Staples St. to Rodd Field Rd CFDA #: 20.205 In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right -of -way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and . month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA-AFA_VoITIP P2 of 6 Revised 07/07/10 EXHIBIT "c" Page 2 of 6 CS.1 # 1069 -01 -030 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: SH 357 on Saratoga from Staples St. to Rodd Field Rd CFDA #: 20.205 Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 11. Termination This agreement may be terminated in the following manner: ♦ by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; • by the State if it determines that the performance of the Project is not in the best interest of the State. AFA -AFA VoITIP P g 3 of 6 Revised 07/07/10 Z 1 EXHIBIT "C" Page 3 of 6 CSJ # 1069 -01 -030 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: SH 357 on Saratoga from Staples St. to Rodd Field Rd CFDA#: 20.205 If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. ♦ Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. Article 12. Notices Ail notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA-AFA_VoITIP Pg�ee4 of 6 Revised 07/07/10 Z O,xHIBIT Pane 4 of 6 CSJ # 1069 -01 -030 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: SH 357 on Saratoga from Staples St. to Rodd Field Rd CFDA #: 20.205 Article 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Cathy Floyd South Regional Director THE LOCAL GOVERNMENT Name of the Local Government City of Corpus Christi By Date Typed or Printed Name and Title AFA -AFA VoITIP P5 of 6 Revised 07/07/10 EXHIBIT "c' DannRrtfR CSJ # 1069 -01 -030 District # 16 - Corpus Christi Code Chart 64 # 09800 Project: SH 357 on Saratoga from Staples St. to Rodd Field Rd CFDA#: 20.205 ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will contribute $6,840, for adjusting manholes on SH 357 on Saratoga from Staples St. to Rodd Field Rd, which is an on- system location, including construction items and direct state costs. Description Total Estimate Cost Federal Participation State Partic' a t' Cost Adjusting manholes Subtotal $6,577 0% $0 0% eon Cost Local Participation Cost $0 100% $6,577 3,577 0- $8,577: Direct State Costs (including plan review, inspection and oversight) 4% $263 0% $0 0% $0 100% $263 Indirect State Costs (no local participation required except for service projects) 6.02% $408 $0 TOTAL $7,248 $0 100% $408 0% $408 $0 $6,840 Local Government's Participation = $6,840.00 Local Government's Participation to the State is due upon full execution of this AFA. This is an estimate only; final participation amounts will be based on actual charges to the project AFA - AFA_VoITIP P 6 of 6 Revised 07/07/10 EXHIBIT "C" Dann R of ii IEXHIBIT "D" 1 Page 'I of CSJ # 1557 -01 -035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA #: 20.205 THE STATE OF TEXAS THE COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112237 authorizes the State to undertake and complete a highway improvement generally described as remove and replace asphaltic surfaces; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the adjustment of manholes and water valves on FM 43 from SH 358 to SH 357, hereinafter called the "Project" and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT Article 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described herein has been completed and accepted by all parties or unless terminated, as hereinafter provided. AFA -AFA VoITIP Page 1 of 6 —331— Revised 07/07/10 CSJ # 1557 -01 -035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH357 CFDA #: 20.205 Article 2. Protect Funding and Work Responsibilities The State will authorize the performance of only those. Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. in addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement, Article 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. Article 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right-of-way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. Article 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for Its Individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local. Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government AFA -AFA VDITIP Page 2 of 6 —332— Revised 07/07/10 EXHIBIT "D" Page 2 of 6 CS,1 # 1557 -01 -035 District # 16 -- Cornus Christi Code Chart 84 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA #: 20.205 creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State In the format directed by the State. Article 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. Article 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by reference, or special specifications approved by the State. Article 9. Increased Costs In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within 30 days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accord with Article 11 - Termination. If this is a fixed price agreement as specified In Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. Article 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. Article 11. Termination This agreement may be terminated in the following manner: AFA AFA VoITIP Page 3 of 6 —333— Revised 07/07/10 EXHIBIT "D" Page 3 of 6 CSJ # 1557 -01 -035 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA #: 20.205 • by mutual written agreement and consent of both parties; ♦ by either party upon the failure of the other party to fulfill the obligations set forth herein; ♦ by the State if it determines that the performance of the Project is not in the best interest of the State. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. • Upon completion of the Project, the State will perform an audit of the Project costs.. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. Article 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi 1201 Leopard St. Corpus Christi. Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S, mail and such request shall be honored and carried out by the other party. Article 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 15. Amendments By mutual written consent of the parties, this contract may be amended prior to its expiration. AFA -AFA VoJTIP Page 4 of 6 —334- Revlsed 07/07/10 EXHIBIT "D" Page 4 of 6 CSJ # 1557 -01 -035 District # 18 - Corpus Christi Code Chart 64 # 09800 Project: FM 43 from SH 358 to SH 357 CFDA #: 20.205 Article 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Article 17, Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. Article 18. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Cathy T. Floyd, C.P.A. South Regional Service Center Director South Region THE LOCAL GOVERNMENT Name of the Local Government By Date Typed or Printed Name and Title AFA-AFA_VoITIP • Page 5 of 6 Revised 07/07/10 -335- EXHIBIT "D" Page 5 of 6 IEXHIBIT "D" I Page 6 of 6 CSJ # 1557 -01 -035 District # 16 -- Corpus Christi Code Chart 64 # Q9 00 Project: FM 43 from SH 358 to SH 357 CFDA #: 20.205 ATTACHMENT A Payment Provision and Work Responsibilities The Local Government will contribute $52,303, for the adjustment of manholes and water valves on FM 43 from SH 358 to SH 357, which is an on- system location, including construction items and direct state costs. Description Total Estimate Cost Federal Participation State Participation Local - Participation Cost % , Cost % Cost Adjusting manholes and water valves $45,880 o 0 /o $0 o 0 /o $0 100 /o $45;880 Subfo al ° $45,880 $0 :$0:. 45;881) Direct State Costs (including plan review, inspection and oversight) 14% $6,423 0% $0 0% $0 100% $6,423 Indirect State Costs (no local participation required except for service projects) 6.2% $2,845 0% $0 100% $2,845 0% $0 TOTAL $55,148 $0 $2,845 $52,303 Local Government's Participation = $52,303.00 Local Government's Participation to the State is due upon full execution of this AFA. This is an estimate only; final participation amounts will be based on actual charges to the project. AFA-AFA_VoITIP Page 6 of 6 -336- Revised 07/071/0 STATE OF TEXAS § COUNTY OF TRAVIS § CSJ # 0916 -35 -150 District # 16 — Corpus Christi Code Chart 64 #09800 Project: Holly Road: SH 286 to Greenwood Drive Federal Highway Administration CFDA #20.205 f LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For an Surface Transportation Program/Metropolitan Mobility Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi, Texas, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 110753 that provides for the development of, and funding for, the project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated 12- 19 -06, which is attached hereto and made a part hereof as Attachment A, for the development of the preliminary engineering and design for construction of a 4- lane roadway and protected left turn lane with new curb and gutter and sidewalks. This specific project is identified in the attached location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work. The scope of work for this LPAFA is described as preliminary engineering and design for construction of a 4 -lane roadway and protected left turn lane with new curb and gutter and sidewalks, American with Disabilities Act (ADA) curb ramps, lane striping and pavement markings, underground storm water system improvements, water and wastewater improvements, removal of AFA— LPAFA_OffSys Page317of 9 EXHfBI "E Revised 09/23/2009 Paae 1 of 9 CSJ # 0916 -35 -150 District # 16 — Corpus Christi Code Chart 64 #09800 Project: Holly Road: SH 286 to Greenwood Drive Federal Highway Administration CFDA #20.205 abandoned /used driveways, and new street lighting. Location of the project is on Holly Road from SH 286 to Greenwood Drive in Corpus Christi, Texas. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government, as stated in the Master Agreement, without exception. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State will review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. The engineering plans shall also be developed in accordance with the latest edition and revisions of the State's Roadway Design Manual or the American Association of State Highway and Transportation Officials "A Policy on Geometric Design of Highways and Streets." 10. Construction Responsibilities NOT APPLICABLE. 11. Project Maintenance NOT APPLICABLE. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal Letter of Authority is formally issued. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. Page —38 8of 9 EXHIBIT "E °� Revised 09/23/2009 Panes 9 of Q AFA— LPAFA_OffSys CSJ # 0916 -35 -150 District # 16 — Corpus Christi Code Chart 64 #09800 Project: Holly Road: SH 286 to Greenwood Drive Federal Highway Administration CFDA #20.205 b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non - federal and non -state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in . the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. if any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or repiats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 1. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. j. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and the Local Government is performing any work, either directly or through a contractor, it must comply with the following provisions. If a Inc I Government is receiving ARRA funds, but is AFA- LPAFA_OffSys Page 3'of 9 EXHIBIT "E" Revised 09/23/2009 oft..s a .,F 0 CSJ # 0916 -35 -150 District # 16 — Corpus Christi Code Chart 64 #09800 Project: Holly Road: SH 286 to Greenwood Drive Federal Highway Administration CFDA #20.205 not performing any work, the following provisions apply, if appropriate,. and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller General. In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA -1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of Page 4 of 9 sx�ie�r "E" Revised 09/23/2009 Pane 4 of 9 AFA— LPAFA_OffSys CSJ # 0916 -35 -150 District # 16 --- Carpus Christi Code Chart 64 #09800 Project: Holly Road: SH 286 to Greenwood Drive Federal Highway Administration CFDA #20.205 contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. k. Whenever funds from the American Recovery and Reinvestment Act of 2009 (ARRA) are distributed to a Local Government, the Local Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A -133, and separately identify any ARRA expenditures for Federal Awards. I. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained', all work on State right of way shall cease immediately, and the State may recover damages and. all costs of completing the work. 16. Debarment Certification. The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under AFA—LPAFA_OffSys Page b of 9 EXHIBIT ��s�� Revised 09/23/2009 Der,nfir4Q CSJ # 0916 -35 -150 District # 16 — Corpus Christi Code Chart 64 #09800 Project: Holly Road: SH 286 to Greenwood Drive Federal Highway Administration CFDA #20.205 Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. 17. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Name: Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: Janice Mullenix Director of Contract Services Texas Department of Transportation AFA —LPAFA OffSys Page 346 of 9 [ITE" Revised 09/23/2009 Qe ran RofQ AFA— LPAFA_OffSys CSJ # 0916 -35 -150 District # 16 -- Corpus Christi Code Chart 64 #09800 Project: Holly Road: SH 286 to Greenwood Drive Federal Highway Administration CFDA #20.205 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA Page Pof 9 EXHIaIT "E�f Revised 09/23/2009 Page 7 of 9 Mproject\councilexhibits \exh6408. dwg LOCATION MAP NOT TO SCALE Holly Road Improvements from SH 286 to Greenwood Drive -34 4 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 8 of 9 DATE: 11/19 /2010 MOW — — o c `0 N O Cn 411 0 � O 0o C.) 4: cCI m 1/40 cr, 'o a) -cs •FL'i 0 _ a� w U A U z 1.L IL 0 w 0 0 CO V zz w¢ 2w VQ a� Qw 0 w 1- W 0 cc a 0 a a C 1• cD L.1 tg Cl W 7 "? a° ,0 0 . W N 0 CO 0 0 O O O 0 0 O O 0 00 M O 0 0 O cp c+^) O O 0 0 0 0 CO 0 •". O O 0 Tr- O 0 0 00 0 O. 0 d 0 0 0 O 0 00 O Preliminary Engineering 0 O O 0 00 SUBTOTAL O O c r. -ED 0).0 "C7 7 O Ts -a C O N C O U a cis 3 E .5 O 0 0 0 O 0 000 0 O 0 0 0 0 0 0 O N 0 10 O O 0 0 J 0 e -345- 0 participation required from the Local Government (20 %) _ H Revised 09/23/2009 CO 01 a EL EXHIBIT "E" n.,..., a .s o RESOLUTION ' AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR CONSTRUCTION (LPAFA -CST) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $23,560.00 FOR ADJUSTING MANHOLES AND VALVES ON FM 2444 ON STAPLES ST. FROM SARATOGA BLVD. TO OSO CREEK BRIDGE (AN ON- SYSTEM LOCATION) INCLUDING CONSTRUCTION ITEMS AND DIRECT STATE COSTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $23,560.00 for adjusting manholes and valves on FM 2444 on Staples St. from Saratoga Blvd. to Oso Creek Bridge (an on- system location), including construction items and direct state costs. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: 21- Oct -10 By: N Veronica Ocanas Assistant City Attorney For City Attorney EXHIBIT "F" Page 1 of 2 H:1LEG- DIRIVeronica011.ENG11 AGENDA 1.s r8 $110\1116101111610 RESO TXDOT LPAFA CST $23,560, manholes & valves on FM 2444.docx 1 OF 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 1 IEXHIBIT "P' Page 2 of 2 N:1LEG- DIR1Veronica011.ENG11 AGENDA r7a447511 O\1116101111610 RESO TXDOT LPAFA CST $23,560, manholes & valves on FM 2•44.docx 1 EXHIBIT "G" I Page 7 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR CONSTRUCTION (LPAFA -CST) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $6,840.00 FOR ADJUSTING MANHOLES ON SH 357 ON SARATOGA BLVD. FROM STAPLES ST. TO RODD FIELD RD. (AN ON- SYSTEM LOCATION), INCLUDING CONSTRUCTION ITEMS AND DIRECT STATE COSTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $6,840.00 for adjusting manholes on SH 357 on Saratoga Blvd. from Staples St. to Rodd Field Rd. (an on- system location), including construction items and direct state costs. ' ATTEST! CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 21- Oct -10 r By: 1\1AT Veronica Ocanas Assistant City Attorney For City Attorney Joe Adame Mayor H:ILEG- DIRIVeronica011.ENG11 AGENDA 11N'511011116101111610 RESO TXDOT LPAFA CST $6,840.docx Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong —349 - H:tLEG- DIRlVeronicaO\1.ENG11 AGENDA I T E RA 511 011 1 1 61 011 1 161 0 RESO TXDOT LPAFA CST $6.840.docx 1 EXHIBIT "G" Page 2 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR CONSTRUCTION (LPAFA -CST) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $52,303.00 FOR ADJUSTMENT OF MANHOLES AND WATER VALVES ON FM 43 FROM SH 358 TO SH 357 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $52,303.00 for adjustment of manholes and water Vales on FM 43 from SH 358 to SH 357. ATTEST: CITY OF CORPUS .CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: 23- -10 By:11�' Veronica Ocafias Assistant City Attorney For City Attorney —350 — H:1LEG- DIR1VeronicaOl1.ENG11 AGENDA ITEM S11011214101121410 RESO TXDOT LPAFA CST $52,303 EXHIBIT "H" Page 1 of 2 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 1 EXHIBIT "H" Page 2 of 2 H:ILEG- DIRIVeronicaOl1.ENG11 AGENDA I 4Y81r011214101121410 PESO TXDOT LPAFA CST $52,343 adjustment of manhole & water.docx RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR CONSTRUCTION (LPAFA -CST) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $4,080 FOR THE DESIGN OF THE HOLLY ROAD IMPROVEMENTS FROM SH 286 TO GREENWOOD DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute a Local Project Advance Funding Agreement for Construction (LPAFA -CST) with the Texas Department of Transportation in the amount of $4,080 for the Design of the Holly Road Improvements from SH 286 to Greenwood Drive. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 21- Oct -1O By: AA4A, Veronica Ocafias Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EXHIBIT "1" Page 1 of 2 H:ILEG- DIR \Veronica011.ENG11 A G E N D A_ T5E? 511011116101111610 RESO TXDOT LPAFA CST $4,080 Design Holly Rd.docx 1 OF 2 Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong —353 - H:ILEG- DIR1Veronica011.ENG11 AGENDA IT E M S110\1116101111610 RESO TXDOT LPAFA CST $4,080 1 File : \ Mproject \councilexhibits\exhE090$1b.dwg 941'UZCFS SAY Cows C5TRIS2T2L9LY PROJECT #E09081 LOCATION MAP NOT TO SCALE FLOUR BLUFF DCHIBIT HIGHWAY 2444 (STAPLES STREET) FROM SARA TOGA BOULEVARD TO OSO CREEK BRIDGE _354- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: f of 12/14/2010 ! r1e : \ Mproject \councilexhibits\exhE10226.dwg SH 357 ON SARA TOGA BOULEVARD FROM STAPLES STREET TO RODD FIELD ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTI4ENT OF ENGINEERING SERVICES PAGE: 2 of 4 12/14/2010 IMP I■ File : \ Mproject \councilexhibits\exhEl0227.dwg FM 43 FROM SH 358 TO SH 357 —q. R CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 3 of 4 12/14/2010 howieromo File : \ Mproject \councilexhibits\exh6408b.dwg HOLLY ROAD IMPROVEMENTS FROM SH 286 TO GREENWOOD DRIVE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 4 of 4 12/14/2010 IMW - .1•0,.r.. 18 AGENDA MEMORANDUM City Council Action Date: December 14, 2010 SUBJECT: Water Garden Electrical Upgrades (Project No. E10202). AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $79,003.22 for the Water Garden Electrical Repairs Project. ISSUE: The Water Garden Electrical Vault received damage as a result of flooding during the Hurricane Alex storm event. The electrical repairs are vital to restore operations to the Water Garden. This project is proposed under the Job Order Contract and is now ready to begin construction; and requires City Council approval. FUNDING: Funds for this project are available from the General Liability Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Mic ael Morris Director of Parks and Recreation 826 -3464 Michaelmo @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Project Budget Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 peteanOcctexas.com BACKGROUND INFORMATION SUBJECT: Water Garden Electrical Upgrades (Project No. El 0202) PROJECT DESCRIPTION: The project for the Water Garden located at 1900 N. Chaparral St.; consists of replacing several electrical components to restore operation. The following provides a more detailed description of the work: • Removal and replacement of the Main Distribution Center and all related components. • Removal and replacement of 2 electrical breaker panels that distribute power to the various lights and pumps. • Removal and replacement of the step -down Transformer. • Removal and replacement of the Control Cabinet and components. PREVENITIVE MEASURES TO AVOID FUTURE FLOODING OF THE VAULT AREA: A Re- contour and sod the area immediately around the entry to the underground vault to avoid surface water inflow. This work will be done using interdepartmental resources ➢ Parks and Recreation and Engineering staff will work together to develop a standard operating procedure for weekly checks to verify that the operational system is working properly. The procedure will be implemented by the Parks and Recreation Department ➢ Ensure the auto dial out notification feature functions in the event of power outage or pump failure. CONSTRUCTION SCHEDULE: The project is estimated to require 75 calendar days, with the completion anticipated in March 20, 2011. BACKGROUND: The Water Garden has required periodic repairs to maintain its operation. In late June while the Corpus Christi area was being impacted by Hurricane Alex the underground mechanical room at the Water Garden was flooded. All the electrical equipment housed in the mechanical room was partially submerged. The water reached approximately 54" above the finished floor. On July 1, 2010, the water inside the vault was pumped out and the subsequent electrical inspection revealed that the electrical panels, floor mounted transformer, and the sump pump controller were damaged. The 2 damaged sump pumps were removed and replaced. The repairs are required to restore operations to the City's Water Garden. EXHIBIT "A" Page 1 of 2 -362- METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction- related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on -call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: > Allows a better defined scope with cost for the customer. > Construction contract award can be accomplished in Tess than one month, significantly shortening the procurement time. > Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. > Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. EXHIBIT "A" Page 2 of 2 -363- PRIOR PROJECT ACTIONS SUBJECT: Water Garden Electrical Upgrades (Project No. E10202) PRIOR COUNCIL ACTION: 1. Motion authorizing the City Manager, or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $398,732 for the Water Garden Repairs. (M2008 -008) PRIOR ADMINISTRATIVE ACTION: 2. Ordinance appropriating and transferring $500,588 from the Unreserved Fund Balance in the No. 1020 General Fund to and appropriating in. the No. 4710 Visitors Facilities Fund for the Water Garden repairs; changing the FY 2007 — 2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $1 ,001 ,176 and increasing estimated revenues by $500,588; and declaring an emergency. (Ord. No. 027553) —364— IEXHIBIT "B" Page 1 of 1 PROJECT BUDGET Water Garden Electrical Upgrades Project No. E10202 December 14, 2010 FUNDS AVAILABLE: Liability and Employee Benefits Fund -- General Liability Total $79,003.22 FUNDS REQUIRED: Construction (Alpha Building Corp.) $72,480.02 Contingency (5%) $3,624.00 Engineering Services (3.5%) $2,536.80 Misc. (Printing, Advertising, etc.) $362.40 Total $79,003.22 FUNDS REMAINING ($0.00) EXHIBIT "C" 1 OF 1 BEAR WATERGARDEN 1900 N. CHAPARRAL PROJECT LOCATION SHioC SCALE: N.T.S. CORPUS CHRISTI BAY r 1 PROJECT # E10202 }{IRSC BREWSTE- S M j HES 1.14114($4 WATERGARDEN 1900 N. CHAPARRAL PROJECT LOCATION ResAGA ST WOO SCALD: N.T.S. EXHIBIT - `D` WATERGARDEN ELECTRICAL UPGRADES CITY COUNCIL EXHIBIT MY OP CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 oft DATE 11/15/2010 Eli!' MEMO MIRO MIN MEI 1•1131 —366— 19 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: December 14, 2010 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Five -Year Ground Lease with Haas - Anderson Construction, Ltd. for 3.89 acres out of a 25.06 acre tract of City property known as the Hala Pit Landfill located north of the intersection of Greenwood Drive and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $400.00 per month; and declaring an emergency. ISSUE: The City owns a 25.06 -acre abandoned landfill known as the Hala Pit located off of Greenwood Drive, north of Holly Road. Construction is currently underway on 11.2 acres of this tract for Phase 1 of the new Police Vehicle Impound Yard. The adjacent landowner, Haas Anderson Construction, Ltd., would like to renew a lease of the vacant 3.89 acres between their property and the new impound yard. The new lease would be for a five year term at $400 per month. Leases of City property extending beyond one year require City Council approval. FUNDING: None required. RECOMMENDATION: Approval of the ordinance as presented. Pete Anaya, P. E. Director of Engineering Services petean5cctexas.com 361 -826 -3781 Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Location Map Lease Summary H:IHOMEIEUSEBIOGIGENIAgenda ltems\Ground Lease. Haas Anderson. RenewallAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: 3.89 acre Ground Lease at Hala Pit Landfill Hass Anderson Construction, Ltd., Tenant OVERVIEW: The subject tract of land, containing 25.06 acres, was acquired by the City on March 26, 1965 from V. Hala and wife, Marie Hala. This site is located west of Greenwood Drive and north of Holly Road as shown on the attached Exhibit B. The tract was acquired primarily for landfill operations as a disposal site. The landfill was operated for such purposes until 1971. Since that time the land has not been used for any City operations. The land is completely vacant with no buildings or other improvements. A Notice of Closed Municipal Solid Waste Landfill was recorded for public record in August 2001. This notice places restrictions on the development or lease of this land as required by the Texas Health and Safety Code, Chapter 361 and Title 30, Chapter 330, Subchapters R and T, Texas Administrative Code. Since it is zoned 1 -3, Heavy Industrial, the land remains suitable for surface use as a storage area of vehicles or equipment. In 2005, Mr. Jim Anderson, dba Haas - Anderson Construction, Ltd., contacted the City to lease the southern 3.89 acre portion of the 25.06 -acre tract. This acreage encompasses an area approximately 300 feet by 565.7 feet. Mr. Anderson co -owns a tract of land directly south and abutting the City property. The City entered into a five (5) year lease at $300 per month which expired on October '1, 2010. The tenant, Haas Anderson Construction, requests another five year lease of this area for their use in parking construction equipment and vehicles. No construction in permitted on this lease area. The lease is not assignable and can be terminated by the City with a ninety (90) day notice. The lease is for a five year term, payable at the negotiated price of $ 400 per month or $4,800 annually. Haas Anderson has the option to renew the lease for 5 more years, subject to review by City staff. The lease will be re- evaluated based on an appraisal of similar properties. As part of the original lease, Haas Anderson has erected a chain link security fence between their property and the City's remaining property. In addition, they have placed a caliche base on the leased area for their parking use. As part of the lease document, they will abide by the restrictions imposed by the Texas Health and Safety Code and the Texas Administrative Code for use of this closed landfill. PRIOR COUNCIL ACTION: 1. August 27, 2005 - Ordinance authorizing the execution of a five -year Ground Lease agreement with Haas Anderson Construction, Ltd. for 3.89 acres out of 25.06 -acre tract of City property known as the Hala Pit Landfill located north of the intersection of Greenwood Road and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $300.00 per month, and declaring an emergency. (Ordinance No. 026496) FUTURE COUNCIL ACTION: Council will be required to approve any other lease renewals or lease amendments. H:IHOMEIEUSEBIOGIGEN1Agenda ItemslGround Lease. Haas Anderson. RenewallBackground.doc —370— EXHIBIT A File : \Mproject councilexhibits \ ParkingLeaseexh2. d wg LOCATION MAP NOT TO SCALE LEASE SITE 3.89 AC. OUT OF 25.06 AC. HAL4 PIT II / /I/ /II I/ ■ ;• ♦IIIIIIIIIIIII/ ' .4 �4 �, /�I II /III IIIII/II,�j IIII �. .. ,� io dp /I /IIIIIQIII,IIII �I*j��� �I /IIII] I/II I /II jIIII � - ,II III III .• �� LOCATION MAP NOT TO SCALE EXHIBIT IT Lease: Ground Lease, Restricted Tenant: Hass Anderson Construction, Ltd. Legal: 3.89 ac. out of Lot 2, Section 5, Bohemian Colony Lands, Nueces County, -T ; s CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/22/2010 - .4.0%0Mals LEASE SUMMARY Hala Pit Ground Lease, 3.89 acres ( "Premises ") This Ground Lease Agreement is entered into by the City of Corpus Christi ( "Lessor' ") and the Hass Anderson Construction, Ltd, ( "Lessee "). 1. Definitions. 2. Purpose. Lessor leases to Lessee for purposes of parking vehicles and construction equipment. Lessee may not operate the Premises for any other purpose without the City's Director of Engineering prior written approval. 3. Leased Premises. The leased premises consistof3.89 acres, approximately 300 ft. by 565.7 feet, out of the City's 25.06 -acre tract known as the Hala Pit Landfill site as shown on Exhibit A attached to the lease. 4. Use of Leased Premises Subject to Lease. Lessee's use of the property is subject to the terms and conditions of the lease. 5. Indemnity. Lessee indemnifies Lessor from all liability, Toss, damages, claims, suits, and causes of action of any nature whatsoever. 6. Insurance. Lessee will maintain a $1,000,000 General Liability Insurance policy during the term of the lease along with other requirements. Insurance requirements are shown on Exhibit B attached to the lease. 7. Limitation on Leasehold. Lessor does not warrant title to the leased premises. The lease is subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing in the lease is construed to imply conveyance of rights to the Lessee that exceed those owned by Lessor. 8. Term. Lessor leases to Lessee for a term of 5 years beginning October 1, 2010 and ending September 30, 2015. The lease can be terminated by either party by sending the other party a ninety (90) day Notice of Lease Termination. 9. Option to Renew. Lessee has the option to renew the lease for 5 more years, subject to review by City staff. The lease amount will be re- evaluated based on an appraisal of similar properties. Lessee must exercise the option to renew by giving Lessor 30 days written notice prior to expiration of the current lease. 10. Abandonment of Leased Premises. The lease terminates automatically when Lessee abandons the leased premises for more than 30 days. The City may take immediate possession of the premises. —372— EXHIBIT C Page 1 of 5 11. Cessation of Use. Lessee has the right to terminate the lease by ninety day notice to City Manager or designee if the use of the lease changes. 12. Surrender. Lessee must surrender the premises in good condition as when received upon expiration, termination, or cancellation of the lease. Reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, is excepted. 13. Consideration. Lessee agrees to pay Lessor an amount of $4,800 annually, payable beginning on the effective date of the lease which is October 1, 2010 and on or before every October 15i thereafter. 14. Alterations. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior consent of the City Manager or designee. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the City Manager for review. 15. Assignment and Subleasing. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager or designee. Any assignment or sublease must be approved in advance by the City Manager or designee. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. 16. Signs. Lessee may not exhibit, inscribe, paint, erect, or affix any Sign at, on, or about the Premises, or any part of this Lease, without the City Manager's prior written approval. 17. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. 18. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 19. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 20. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. 21. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term, including ground cover. -373- EXHIBIT C Page 2 of 5 22. Furniture, Fixtures, and Equipment. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. 23. Utilities. Lessee shall pay for all utilities related to usage of Premises. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. 24. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. 25. Default. The following events constitute default under this Lease: (1) Failure to pay utilities before the due date. (2) Failure to perform scheduled maintenance. (3) Abandonment of the Premises. (4) Failure to maintain any insurance coverages required in this lease. (5) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (6) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. 26. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, give a five (5) day notice to Lessee that this Lease terminates or after the occurrence of the event of default, enter upon the Premises and upon entry, terminate the lease. The City has the option to pursue any one or more of the remedies provided in this lease or afforded the City by law, without further notice or demand and without prejudice to any other remedy. 27. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. 28. Contact Person / Lease Administrator. For this Lease, the City's contact person and lease administrator is Eusebio (Sonny) Garza, 111, Manager, Property and Land Acquisition Division. 29. Notice. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. 30. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays EXHIBIT C —374— Page 3 of 5 or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. 31. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and no other relationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint - ventures', or associates of one another. 32. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. 33. Publication for Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. 34. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. 35. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any the termination or expiration of this Lease. 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. 37. Severability. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease, is to any extent, illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment. 38. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. 39. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. 40. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. —375— EXHIBIT C Page 4 of 5 41. Acknowledgement. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. 42. Environmental Quality. Lessee acknowledges that all or portions of the Premises were a closed municipal solid waste landfill. Lessee acknowledges receipt and acceptance of a notice required by Section 361.539 of the Texas Health and Safety Code, the Texas Commission on Environmental Quality (TCEQ) rules, Section 330.962, Title 30, and the Texas Administrative Code, Title 30, Part 1, Chapter 330, Subchapter T H:LHOMEIEUSEBIOG \GEN\Agenda ltems\Ground Lease. Haas Anderson. RenewallLease Summary.doc —376— EXHIBIT C Page 5 of 5 Page 1 of 2 ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FIVE -YEAR GROUND LEASE WITH HAAS ANDERSON CONSTRUCTION, LTD. FOR 3.89 ACRES OUT OF A 25.06 ACRE TRACT OF CITY PROPERTY KNOWN AS THE HALA PIT LANDFILL LOCATED NORTH OF THE INTERSECTION OF GREENWOOD DRIVE AND HOLLY ROAD, TO BE USED BY THE TENANT FOR PARKING OF CONSTRUCTION EQUIPMENT AND VEHICLES AND APPROVING THE CASH RENTAL FEE OF $400.00 PER MONTH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City manger, or his designee, is hereby to execute a five -year ground lease with Haas Anderson Construction, Ltd. for 3.89 acres out of a 25.06 acre tract of city property known as the Hala Pit Landfill located north of the intersection of Greenwood Drive and Holly Road, to be used by the tenant for parking of construction equipment and vehicles and approving the cash rental fee of $400.00 per month. A copy of the lease is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 14th day of December, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: November 24, 2010. Brian Narvaez CCV Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott Linda Strong 20 AGENDA MEMORANDUM COUNCIL ACTION DATE: December 14, 2070 AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute a five year Lease Agreement (with the Option for three five year renewals) with BBC Capital, Ltd., for a 1.068 acre tract of land and a 0.20 acre tract of land located at the northern end of Corpus Christi Beach; providing for severance; and providing for publication. ISSUE: The City retains a portion of Timon Boulevard street right -of -way together with a triangular vacant tract of land at the northern end of Corpus Christi Beach. BBC Capital, Ltd. has requested that the City lease both tracts to them for use in their Recreational Vehicle park known as Puerto Del Sol RV Park. The City and BBC Capital have entered into a five year lease agreement with three (3) successive five -year renewal terms for a total of twenty (20) years. The lease payments will begin at $550 for the first five years and increase 4% each five year term. Approval of lease agreements of City land in excess of twelve months requires City Council approval. FUNDING: None required. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. :„4" Pete Anaya, P. E. Director of Engineering Services petean(a�cctexas.com Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Tract 1 & 2 Location Map Lease Summary H:IHOMEIEUSEBiOG\GEMAgenda ltems\BBC Capital Commercial Land LeaseWgenda Memorandum.doc —381— BACKGROUND INFORMATION SUBJECT: Commercial Land Lease, Tracts 1 & II, Corpus Christi Beach BBC Capital, Ltd., Tenant OVERVIEW: In September 1970, the City of Corpus Christi entered into a five year lease agreement with Edward E. Hogan for two tracts of City owned land containing a total of 1.268 acres. Tract 1 consisted of 1.068 acres of abandoned railroad right -of -way which later became Timon Boulevard. Tract 2 consisted of 0.20 acres out of Lot 7, Block 414, Brooklyn Addition. Both tracts were vacant and not utilized by the City. Mr. Hogan simultaneously entered into another lease with Guaranty National Bank and Trust for 2.055 acres adjacent to both City tracts. The 2.055 acres and the City's 1.068 acres were combined and developed into what is now the Fiesta del Sol RV park at the northernmost point of Corpus Christi Beach as shown on the attached Exhibit B. The City's lease with Mr. Hogan, which was renewable by mutual agreement of the parties, continued at a monthly rental fee of $85.00 per month. On September 16, 1986, the City Council approved a new lease agreement with Fiesta del Sol, Inc. for the same two tracts. The lease was for a four (4) year term at the monthly rental fee of $400.00 per month. The lease expired on September 15, 1990. At that time, Mr. Hogan sold his interest in the park to Mr. Ernest C. Sims. Mr. Sims continued his lease with the City on a month -to- month basis at the rental rate of $450.00 per month based on the terms and condition of the lease with Mr. Hogan. The 2.055 -acre property, which comprises the main area of the RV park, was purchased by BBC Capital, Ltd. in 2006. The RV park continued to be operated by Ernest C. Sims with a lease from BBC Capital. BBC Capital, Ltd. has since purchased Mr. Sim's interests and have taken over the operation of the park. They have requested that the City enter into a lease agreement with them for four consecutive five -year terms. City staff has negotiated a monthly fee of $550 per month for the first five years which escalate 4% at the beginning of the next five -year term. A termination provision is included in the lease in which the City can terminate the lease without cause, at any time, upon providing BBC Capital a 120 day written notice. The terms and provisions of the lease are included in the attached Exhibit C. PRIOR COUNCIL ACTION: 1. September 2,1970 - Ordinance amending the Zoning Ordinance of the City of Corpus Christi adopted on the 27th day of August, 1937, appearing of record in Volume 9, Pages 565, et seq., of the ordinance and resolution records, as amended from time to time and particularly as amended by Ordinance No. 6106, as amended, upon application of the City of Corpus Christi by granting a special —382— EXHIBIT A Page 1 of 2 Council permit for operation of a travel trailer park on a 2.83 -acre tract of and located in Brooklyn, Block 414, Lots 1,3,5, and the Givens tract, plus the street right of way of Timon Boulevard located on the north end of Corpus Christi Beach, west of Timon Parkway (railroad right of way), east of Highway 181, north of Hull Street to Corpus Christi Bay, in the City of Corpus Christi, Nueces County, Texas, in compliance with the conditions listed in the annexed Exhibit A, and as more fully described on the approved site plan, attached hereto and made a part hereof; keeping in effect all other provisions of the existing ordinance as amended; repealing all ordinances in conflict herewith; and declaring an emergency. (Ordinance No. 9909) 2. September 9, 1970 - Ordinance authorizing and directing the City Manager to execute a contract and lease agreement constituting a monthly Use Privilege of a public facility with Edward E. Hogan, leasing to the said Edward E. Hogan a tract of land constituting of 1.068 acres, for and inconsideration of the terms and conditions set forth in said contract and lease agreement, a copy of which is attached hereto and made a part of this ordinance, said lease being for a period of five (5) years beginning September 1, 1970; and declaring an emergency. (Ordinance No. 9916) 3. September 16, 1986 — Ordinance authorizing the execution of a lease agreement between the City of Corpus Christi and Fiesta del Sol, Inc. for two tracts of land containing a total of 1268 acres located at the north end of Corpus Christi Beach. The term of this lease will be from August 1, 1986 to August 31, 1990, and will provide for monthly rental fees of $400 per month. (Ordinance No. 19481) FUTURE COUNCIL ACTION: Council will be required to approve any other lease renewals or lease amendments. H:\HQME \EUSEBIQG\GENWgenda items \BBC Capital Commercial Land LeaselBackground.doc EXHIBIT A Page 2of 2 —383— File : \ Mproject \councilexhibitsjexh90015.dwg 1 �.��� _ iliffffif $1 trill4M AA 44, k C, w. 71 44 1, , / 1 LOCATION MAP NOT TO SCALE CORPUS CHRISTI BAY c7. 0.20 ACRES cP VICINITY MAP CITY PROJECT No, 90015 NOT TO SCALE Aox 6 t068 ACRES CORPUS CHRISTI BAY EXHIBIT "B" COMMERCIAL LAND LEASE TRACTS I & II NORTH BEACH, CORPUS CHRIST, TX —384— CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 10/02/2008 .- - -- LEASE SUMMARY Commercial Land Leases Tracts 1 & II, North Beach ( "Premises ") This Ground Lease Agreement is entered into by the City of Corpus Christi ( "Lessor ") and BBC Capital, Ltd., a Texas Limited Partnership ( "Lessee "). Section 1. Premises. City leases to Lessee Tract I, containing 1.068 acres of land more or less, and Tract II, containing .20 acres of land more or less, situated in Nueces County, Texas, as shown on Exhibit A. This Lease is made subject to all valid oil, gas, and mineral leases; all pipeline transmission and other right -of -ways of record; all easements of record; and all restrictions and regulations set forth in the Corpus Christi Code of Ordinances affecting the property. Lessee assumes the sole responsibility for the entire cost and construction of any and all improvements that it requires for the Premises. Section 2. Permitted Uses. The Premises may only be used for the operation of a Recreational Vehicle (RV) or Travel Trailer park and for related activities normal and customary to the business. The Premises must be operated as a public accommodation at all times, without any limitation and no discrimination based on age, race, religion, color, sex, disability, national origin. Lessee shall comply with all Federal, State, and local laws, rules, and regulations, including all applicable American Disability Act (ADA) requirements. Section 3. Term. The initial term of this License is five (5) years (the "Initial Term "), commencing on the 61st day after final City Council approval and retroactive to January 1, 2011 (the "Commencement Date ") and ending December 31, 2015. The City may terminate this Lease without cause, at anytime, upon providing Lessee with 120 days written notice. Section 4. Payment. a. The monthly payments for the entire lease term shall be due and payable without demand or notice in equal monthly installments on the first (1st) day of each month of the term, of this Lease beginning on January 1, 2011. The monthly rental amount escalates four percent (4 %) at the end of each five year term. Section 5. Move -In Condition. Lessee has inspected the Leased Premises and accepts it in its present (as -is) condition, unless expressly noted otherwise in this Lease. City has made no express or implied warranties as to the physical or environmental condition of the Premises. -385- EXHIBIT C Page t of 5 Five Year Terms Monthly Rental Amount Annual Rent 01 -01 -2011 to 12 -31 -2015 $550.00 $ 6,600.00 01 -01 -2016 to 12 -31 -2020 $572.00 $ 6,864.00 01 -01 -2021 to 12 -31 -2025 $595.00 $7,140.00 01 -01 -2026 to 12 -31 -2030 $619.00 ', 7 428.00 $28,032.00 Section 5. Move -In Condition. Lessee has inspected the Leased Premises and accepts it in its present (as -is) condition, unless expressly noted otherwise in this Lease. City has made no express or implied warranties as to the physical or environmental condition of the Premises. -385- EXHIBIT C Page t of 5 Section 6. Move -out Condition. At the time the Lease ends, Lessee shall surrender the Premises in the same condition as when received. By providing written notice to Lessee before this Lease ends, the City may require the Lessee, upon move -out and at Lessee's expense, to remove, without damage to the Leased Premises, any or all fixtures that were placed on the Leased Premises by or at the request of the Lessee. Any fixtures that the City does not require Lessee to remove become the property of the City and must be surrendered to City at the time the Lease ends. Section 7. Peaceful Enjoyment. Lessee may peacefully have, hold, and enjoy the Premises, subject to the other terms of this Lease and subject to Lessee paying the rentals in this lease recited and performing all of its covenants and agreements in this lease. Section 8. Financing. City recognizes that Lessee may borrow funds to construct structures or buildings, or for other purposes, secured by a first lien on security, which includes Lessee's interest in the structures and buildings and the leasehold estate for the Premises. Section 9. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period, which may occur. Section 10. Utilities. Lessee shall pay all costs of all gas, electricity, water, heat, or other utilities furnished to or used by Lessee on the Premises. Section 11. improvements. Lessee shall provide on the Premises good roads, drainage, sanitary sewer system, restroom facilities, electrical system, potable water system, and individual campsites to fully utilize the Premises as permitted in Section 2 of this lease and as required by all other provisions of this Lease. Section 12. Liens and Claims, Mechanic's and Materialman's. Lessee agrees not to permit any mechanic's, materialman's, or any other lien to become attached to the Premises, or any part or parcel of the Premises, or the improvements on the Premises, by reason of any work or labor performed any mechanic, materials furnished by any materialman, or for any other reason. Section 13. Special Permit Compliance. As a condition of this lease, the Premises and entire recreational vehicle park must be in compliance at all times with the Special Permit (SP) granted to a travel trailer park on a 2.83 acre tract of land located in Brooklyn Addition, Block 414, Lots 1, 3, and 5, and the Givens Tract, plus the street right - of-way of Timon Boulevard located on the north end of Corpus Christi Beach, west of Timon Parkway (railroad right -of -way, east of Highway 181, north of Hull Street to Corpus Christi Bay, in the City of Corpus Christi, Nueces County, Texas, under Ordinance No. 9909, dated September 2, 1970, which is attached to this Lease as Exhibit B. Section 14. Maintenance and Repairs. Lessee shall clean, landscape, and maintain the Premises to preserve the natural terrain and growth. —386— EXHIBIT C Page 2 of 5 Section 15. Inspection. City personnel may at all reasonable times enter upon the Premises and any building or structure on the Premises, for purposes of inspection, repair, fire, or police action, and enforcement of this Lease. Section 16. Sanitation. Lessee shall store garbage and trash in designated areas within the Premises, and must use dumpster type containers as the larger collection facilities. The containers must be housed in a small building, screened, or at appropriately landscaped area(s), at Lessee's expense Section 17. Signs and Lighting. Exterior signs and lighting must meet acceptable architectural standards and be in compliance with applicable building code and zoning ordinance requirements. Section 18. Hurricane Preparedness. If the Corpus Christi area is threatened by a hurricane or some other emergency situation, Lessee shall comply with directives of the City Manager or his designee under the City's Hurricane Preparedness Plan. Section 19. Non - discrimination. Lessee warrants that it is and will continue to be an equal opportunity employer and covenants that no employee or customer will be discriminated against because of race, religion, sex, age, disability, creed, color, or national origin. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 22. Legal Use. Lessee may not occupy or use, or permit any portion of the Premises to be occupied or used, for any business or purpose that is unlawful, deemed to be disreputable, a nuisance, or hazardous. Section 23. Assignment or Sub - Lease. Lessee may not, assign this Lease either in whole or in part. Any attempted assignment without the prior written consent of the City renders this Lease null and void. Section 24. Default. If Lessee fails to pay the rental due under this Lease, or defaults in performing any other term, covenant, or condition of this Lease, the City may after fifteen (15) days written notice to Lessee declare this Lease terminated, and City staff may immediately reenter the Premises and remove all persons without legal process and without prejudice to any of its other legal rights. If City defaults in the performance of any covenant or agreement in this lease contained, which continues for 30 days after Lessee's written notice to the City Manager, as set out below, then Lessee owes no rent for so long as the default continues after the expiration of the thirty (30) days notice. -387- EXHIBIT C Page 3 of 5 Section 25. Enforcement Costs and Attorney's Fees. In the event any legal action or proceeding is under taken by the City to repossess the Leased Premises, to collect the lease payment(s) due under this Lease, to collect for any damages to the Leased Premises, or to in any other way enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. Section 26. Waiver. Any failure of City to declare any default immediately upon occurrence the default or any delay in taking any action in connection with a default may not waive the default, but City has the right to declare any the default at any time and take the action as might be lawful or authorized under this Lease either at law or in equity. Section 27. Bankruptcy. If voluntary bankruptcy proceedings are initiated by anyone else to adjudge Lessee as bankrupt, or if execution is issued against it, or if the interest of Lessee in this contract passes by operation of law to any person other than the City, this Lease may, at the option of the City, be terminated by notice addressed to Lessee at the Premises and posted in the United States mail. Section 28. Abandonment. If the Premises are abandoned or vacated by Lessee, City may Lease the premises again for the remainder of the period covered hereby, and if the rent received through the subletting is not at Lease equal to the guaranteed rent provided for under this Lease, Lessee shall pay and satisfy any deficiencies between amount of the rent called for and that received through subletting. Section 29. Notice and Addresses. All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by (1) personal deliver; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or (4) by deposit with an overnight express delivery. Section 30. Modifications. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. Section 31. insurance. Lessee shall provide, prior to execution of the Lease, a Commercial General Liability Policy in the amounts and types of coverage shown on the Insurance Requirements, attached and incorporated as Exhibit "C ". Lessee's insurance company must provide the City certificate of insurance 30 days prior to the annual anniversary date of the Effective Date of the Lease, which shows the level and type of insurance Section 32. Indemnity. Lessee indemnifies Lessor from all liability, loss, damages, claims, suits, and causes of action of any nature whatsoever. Section 33. Taxes and Fees. Lessee shall pay for all taxes, licenses, and fees required to operate and maintain its various facilities on the Leased Premises. Lessee covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. EXHIBIT C —388— Page 4 of 5 Lessee shall timely pay all ad valorem, personal property, and other taxes, if any, which have been or may be levied, assessed, or otherwise imposed on Lessee's Premises during this Lease Section 34. Interpretation. a. This Lease must be interpreted under the Texas laws, which govern the interpretation of contracts. Venue lies in Nueces County, where this Lease was entered into and will be performed. b. The headings contained in this lease are for convenience and reference only and are not intended to define or limit the scope of any provision. Section 35. Force Majeure. No party to this Lease is liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots, or interference by civil or military authorities. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waives this right as a defense. Section 36. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any the termination or expiration of this Lease. Section 37. Entire Agreement. This Lease and the exhibits incorporated and attached constitute the entire agreement between the City and Lessee for the use granted. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provision unenforceable, invalid, or illegal. Section 38. Relationship of Parties. This Lease establishes a landlord /tenant relationship, and no other relationship. Section 39. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 40. Publication Costs. Lessee shall publish and pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 41. Acknowledgment. The parties expressly agree that they have each independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. H:IH0MEIEUSEB1OG \GEN\Agenda lterns\BBC Capital Commercial Land LeaselLease Summary.doc —389— EXHIBIT C Page 6 of 5 ORDINANCE AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AGREEMENT (WITH THE OPTION FOR THREE FIVE YEAR RENEWALS) WITH BBC CAPITAL, LTD, FOR A 1.068 ACRE TRACT OF LAND AND A 0.20 ACRE TRACT OF LAND LOCATED AT THE NORTHERN END OF CORPUS CHRISTI BEACH; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five year Lease Agreement (with the option for three five year renewals) with BBC Capital, Ltd, for a 1.068 acre tract of land and a 0.20 acre tract of land located at the northern end of Corpus Christi Beach. The Lease Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement begins on the 61st day after City Council adoption of this ordinance on second and final reading and will have a possible total term of 20 years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. 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 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. BBC Capital LeaseOrd 12022010.doc -390- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 2"d day of December, 2010: R. ay eining First Assistant ity Attorney For City Attorney BBC CAPITAL LEASEORD 12022010.DOC —391— 2 21 AGENDA MEMORANDUM Date of Council Action: December 14, 2010 SUBJECT: Sale of City Surplus Property Lots 4, 6, and 8, Block G, Brooklyn Addition (2816 N. Shoreline Blvd.) AGENDA ITEM: Motion accepting the high bid of $252,000 submitted by Channel Investments, Ltd. for the property consisting of 16,485 square feet (0.378 ac.) of vacant land out of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Corpus Christi, Texas and authorizing the City Manager or his designee to proceed with the sale of the property. ISSUE: The City owns three platted Tots at 2816 N. Shoreline Boulevard that were acquired from the Texas State Aquarium (TSA) in 1996. The property was set up by the TSA as a concrete paved parking lot with 24 marked spaces used for visitor parking. Since its acquisition from the TSA, the City has used the lot to supplement parking for the general public and area visitors. In December 2006, the property was added to the Parking Lease and Management Agreement with the TSA. The agreement expired in July 2009 and the property is presently used for public parking. The City would like to sell and dispose of this property in order to eliminate maintenance responsibilities. Funds from the sale of the property would be deposited into the General fund. City Council declared the property as surplus property on November 9, 2010 by Ordinance No. 028828. On the same date, City council approved Ordinance No. 028829 which permitted the sale of the property to the public by sealed bid. A high bid was received on December 6, 2010 and City Council approval is now required to accept the bid amount of $252,000 and authorize the City Manager or his designee to execute all the necessary documents to complete the sale. REQUIRED COUNCIL ACTION: Passage of the motion as submitted. FUNDING: No funding is required for this motion, RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P. E. Director of Engineering Services Peteanecctexas.com 361 -826 -3781 Attachments: Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Real Estate Sales Contract Summary H:1H0MEIEUSEBIOGIGENIAgenda Items\Sale of N. Beach Parking Lot\Approval of High Bid'Agenda Memorandum.doc —395— BACKGROUND INFORMATION December 14, 2010 SUBJECT: Sale of City Surplus Property Lots 4, 6, and 8, Block G, Brooklyn Addition (2816 N. Shoreline) BACKGROUND: On February 27, 1996, the City Council authorized a Purchase Agreement with the Texas State Aquarium (TSA) for real property known as Tracts 1 and 2, along with various other aquarium assets. Tract 2 was comprised of Lots 4, 6, and 8, Block G, Brooklyn Addition. The property contained a concrete surfaced parking lot with 24 marked spaces. Prior to the City's acquisition, the TSA leased this parking lot to the adjacent restaurant, Pier 99. In December 2006, the property was added to the Parking Lease and Management Agreement with the TSA. The agreement expired in July 2009 and the property has since been used by the City to provide extra parking in the area serving the USS Lexington and Texas State Aquarium. On November 9, 2010, City Council declared the property as surplus and approved the sale to the public by sealed bids. The property is located on North Shoreline Boulevard between Pearl Street and Breakwater Street as shown on the attached Exhibit B. The entire property contains approximately 16,485 square feet, is zoned B -D, Corpus Christi Beach Design District. It is improved as a parking lot with twenty four (24) parking spaces. The property has water access and has an unobstructed view of Corpus Christi Bay and the USS Lexington. In 2004, the City obtained an appraisal of the property from an independent appraisal firm, Dugger, Canaday, Grafe, Inc., in the amount of $198,000. The appraised value was for land only and did not include the paving and other improvements. An updated appraisal of the property in the amount of $240,000 was obtained on November 1St from the same appraisal firm. This value included both land and property improvements. The value of $240,000 was set as the minimum bid amount for sale to the public. As required by Chapter 272 of the Texas Local Government Code, the City advertised twice for sealed bids, on November14 and the 21st. A bid opening took place on December 6th in the City Secretary's office. A bid for $252,000 and one for $175,000 were received. The high bid was submitted by Channel Investments, Ltd. along with a signed Real Estate Sales Contract and an earnest money check for $1,000. The other bid did not meet the opening bid requirement and was returned to the submitting bidder. City staff is presenting this bid it to City Council for its acceptance. Revenue from the sale of this property will be deposited into the General Fund. The City will escrow the Real Estate Sales Contract at San Jacinto Title Company. —396— EXHIBIT A 1 of 2 PRIOR COUNCIL ACTION: 1. February 27, 1996 - Ordinance appropriating $4,400,000 to the Texas State Aquarium Bond Fund No. 525 for the acquisition of facilities, land, and improvements for aquarium purposes, and construction and rehabilitation of improvements and additions to certain of the facilities that comprise the Texas State Aquarium, and the payment of fiscal, engineering and legal fees incurred in connection therewith from the sale of $4,400,000 in combination tax and Texas State Aquarium Revenue Certificates of Obligation, Series 1996; amending the FY 1995 -96 Capital Budget adopted by Ordinance No. 022394 and declaring an emergency. (Ordinance No. 022499) 2. February 27, 1996 - Resolution authorizing the City Manager, or his designee, to execute a Purchase Agreement with the Texas State Aquarium Association, a Warranty Deed accepting the conveyance of real property for the Aquarium, and an instrument of sale and conveyance accepting the conveyance of improvements and personal property from the aquarium. (Resolution No. 022500) 3. December 12, 2006 - Ordinance amending the current four year Parking Lease and Management Agreement with the Texas State Aquarium Association (TSAA) by (1) adding new property described as all of Lots 4, 6, and 8, Block G, Brooklyn Addition, undeveloped 4,270 square feet. portion of Pearl Street located between Shoreline Boulevard and Corpus Christi Bay; (2) allowing TSAA to sub -lease the properties and, if necessary, collect parking revenues; (3) keeping intact all other terms of the original four year parking lease and management agreement, and declaring an emergency. (Ordinance No. 027067) 4. November 9, 2010 - A. Ordinance declaring City property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas, as surplus property to enable its sale and disposition. (Ordinance No. 028828) B. Ordinance authorizing the advertisement and publication of Notice of an Offer of Sale of Surplus City Property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas ("the Property "); authorizing the sale of the Property by sealed bid under Chapter 272 of the Texas Local Government Code; and authorizing the City Manager or his designee to execute a Deed and any related documents necessary to complete the sale and conveyance of the property. (Ordinance No. 028829 ) FUTURE COUNCIL ACTION: None H:IHOMEIEUSEBIOG\GEN Agenda Items\Sale of N. Beach Parking LohApproval of High BidlBackground.doc -397- EXHIBIT A 2 of 2 1 CORPUS C9f'RIS?x 13.54:y LO CATION MA NOT TO SCALE PROPOSED PROPERTY SALE 535° LOCATION MAP NOT TO SCALE EXHIBIT B PROPOSED PROPERTY SALE LOTS 4, 6, AND 8, BLOCK G, BROOKLYN ADDITION 2816 N. SHORELINE BLIND. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE: 10-f 1 -2010 INIOr -398- REAL ESTATE CONTRACT SUMMARY Sale of City Surplus Property: Lots 4, 6, and 8, Block G, Brooklyn Addition (2816 N. Shoreline Blvd.) This Real Estate Sales Contract is entered into by the City of Corpus Christi ('SELLER ") and Channel Investments, Ltd. ( "BUYER ") subject to the following terms and conditions: 1. Real Property and Improvements: A Tract of land out of Lots 4, 6, and 8, Block G, Brooklyn Addition as described by metes and bounds on the attached and incorporated "Exhibit A" and shown on the attached map and incorporated "Exhibit B ". 2. Purchase Price - $252,000 in cash at closing. 3. Title Insurance: Seller to provide title insurance at Seller's expense. A title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by San Jacinto Title Company, with the title insurance policy to be timely issued after Closing. 4. Special Warranty Deed and Closing Costs: After securing the title insurance commitment, Seller must execute a Special Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. 5. Property Taxes: The City of Corpus Christi as owner of this property is exempt from local property taxes. Property taxes, if any, for the year 2010 will be prorated and any taxes due from the closing date to the end of the year is the responsibility of the Buyer. 6. Earnest Money: Buyer agrees to submit a cashiers check for $1,000 as Earnest Money at San Jacinto Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified. Seller may also seek to enforce specific performance of the contract. 7. Restrictions on Title: Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Time for Performance: This contract is to be closed on or before 60 days from the effective date of the contract. Seller gives Buyer possession of the Property by executing a Special Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by (1) the EXHIBIT C 1 OF 2 —399— City of Corpus Christi City Council and (2) executed by the City Manager of the City of Corpus Christi, Texas, or designee. Buyer must execute this Contract within 30 days from the date of Seller's execution of this Contract or this Contract is void. 9. Survives Closing: The contract will survive the closing of the sale and delivery of the Special Warranty Deed and other conveyance documents. 10. Broker Commission: The Seller is not responsible for any brokerage or real estate commissions that may be related to this transaction. 11. Possession: At closing, the property will be conveyed free of any rights of possession of any third parties, except for valid easements of record. Any possession prior to closing will necessitate a separate written lease agreement between the parties. 12. Seller's Representations and Warranties: Seller represents that it has absolute and unrestricted right, power, and authority to execute and deliver this contract along with the documents to be executed and delivered by Seller in connection with this contract. Seller has no knowledge of any pending litigation, condemnation, or assessment affecting the property. Seller has no knowledge that the property contains hazardous materials, underground tanks, or is not in full compliance with all Environmental laws. To the best of Seller's knowledge Seller has full and complete fee simple title to the property. No person, corporation or other entity has any right or option to the property. Seller has not received any notice from any governmental agency regarding the property's non - compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the property. 13. Mineral Reservation: The sale of the property is without oil, gas, or mineral rights. 14. Essential: Time is of the essence in closing this transaction. 15. Effective Date: The effective date of this contract is the date in which the contract is signed by the Seller. 16. Counterparts: Multiple original copies of the contract may be executed and the original copies assembled together shall constitute one agreement. H :IHOMEIEUSEBIOGIGENIAgenda Items\Safe of N. Beach Parking LoMpprovaf of High BidlContract Summary.doc EXHIBIT C 2 OF 2 —400— 22 NO ATTACHMENT FOR THIS ITEM 23 NO ATTACHMENT FOR THIS ITEM 24 AGENDA MEMORANDUM December 14, 2010 AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: December 14, 2010) Case No. 1110 -02: Thomas S. Mackie III: The applicant is requesting a change of zoning from the "R -1 B" One - family Dwelling District to the "1 -2" Light Industrial District resulting in a change of future land use from a commercial use to a Tight industrial use. The property to be rezoned is described as approximately 1.972 acres of Cafallen Annex, Tract B, located east of the interstate Highway 37 and approximately 570 feet south of Redbird Lane. PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION (November 10, 2010): Denial of the change in zoning from the "R -1 B" One - Family Dwelling District to the "1 -2 Light Industrial District, and in lieu thereof, approval of a'B -4 /SP" General Business District with a Special Permit for a tractor trailer storage yard subject to a site plan and the following six (6) conditions: 1. Uses: The only use authorized by the Special Permit is a tractor trailer storage yard and all uses allowed by -right in the "5 -4" General Business District. 2. Storage Yard: The storage yard shall be limited to no more than ten (10) tractor trailers. 3. Landscaping: Landscaping will consist of undisturbed and irrigated native vegetation which will provide more than adequate screening between the subject property along Interstate Highway 37 frontage road and the residential properties adjacent to and north of the subject property. The twenty -five (25) foot wide native vegetative screen as measured from the subject property lines shall remain at a minimum in accordance with Article 27B Landscape Requirements for new construction in the 'B -4" General Business District. 4. Screening: A solid screening fence with a height of not less than six feet shall be installed where adjacent to a residential zoning district. If the undisturbed, native vegetation does not provide visual screening, then a chain link fence with slats shall be installed along the remaining property lines. 5. Lighting: All overhead lighting shall be shielded and /or directed away from adjacent properties and right -of -way so as to minimize glare and light trespass into neighboring residential properties and vehicular traffic. 6. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless at that time the property is being used as outlined in Condition #1 and in compliance with all other conditions, in which event the Special Permit shall continue in effect and applicant's use and development of the property shall continue to be subject to the conditions of the Special Permit. —411— Agenda Memorandum Case No. 1110 -02 Thomas S. Mackie I!I Page 2 REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation Juan Peraies, Jr., P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance H:1PLN- DIRISHAREDI1. PLANNING COMMISSIONI2010 CCIDEC. 201011110 -02 THOMAS S. MACKIE 11111110.02 AGENDA MEMO.DOC -412- CITY COUNCIL ZONING REPORT Case No.: 1110 -02 Planning Commission Hearing Date: November 10, 2010 Applicant: Thomas S. Mackie Owner: James Matthew Duff Representative: Thomas S. Mackie Legal Description/Location: Calallen Annex, Tract B, located east of the Interstate Highway 37 and approximately 570 feet south of Redbird Lane. From: "R -1B" One - family Dwelling District To: "I -2" Light - Industrial District Area: 1.972 acres Purpose of Request: To construct a dispatch yard for local grocery delivery service consisting of a 600 square foot modular office building, 12 passenger car parking spaces, and parking for 10 tractor trailers. a � Area Development Plan: The subject property is located in the Northwest Area Development Plan and is planned for commercial use. The proposed change in zoning to the "I -2" Light Industrial District is not consistent with the Northwest ADP or the adopted Future Land Use Map. Map No.: 065051 Zoning Violations: None Staff' Summary: • Requested Zoning: The applicant is requesting a change of zoning from an ".R -1B" One - family Dwelling District to an "I -2 Light Industrial District in order to use the property with a dispatch yard for local grocery delivery service consisting of a 600 square foot modular office building, 12 parking spaces for passenger vehicles, and parking for 10 tractor trailers. The driveway apron along the IH -37 frontage road and vehicle parking area will be improved with concrete where as the remaining yard for tractor trailer overnight storage may consist of a permeable geo -grid type surface. The subject property must be screened with a solid screening fence where adjacent to residential zoning districts. In addition to the solid screening fence along residentially zoned properties, the applicant has expressed interest in leaving the existing native vegetation and screening the entire site with a vegetative buffer thus minimizing the visual exposure to state right -of -way and adjacent property owners. -413- Existing Zoning Existing Land Use Future Land Use Site "R -1B" One - family Dwelling District Vacant undeveloped Commercial North "R -18" One - family Dwelling District Single - family residential and open space Commercial East "I -2" Light Industrial District Vacant undeveloped Mobile Home South "B-4" General Business District Public Secondary School Campus & athletic field Commercial West Approximately 700 plus feet of State right -of -way State right -of -way State right -of -way a � Area Development Plan: The subject property is located in the Northwest Area Development Plan and is planned for commercial use. The proposed change in zoning to the "I -2" Light Industrial District is not consistent with the Northwest ADP or the adopted Future Land Use Map. Map No.: 065051 Zoning Violations: None Staff' Summary: • Requested Zoning: The applicant is requesting a change of zoning from an ".R -1B" One - family Dwelling District to an "I -2 Light Industrial District in order to use the property with a dispatch yard for local grocery delivery service consisting of a 600 square foot modular office building, 12 parking spaces for passenger vehicles, and parking for 10 tractor trailers. The driveway apron along the IH -37 frontage road and vehicle parking area will be improved with concrete where as the remaining yard for tractor trailer overnight storage may consist of a permeable geo -grid type surface. The subject property must be screened with a solid screening fence where adjacent to residential zoning districts. In addition to the solid screening fence along residentially zoned properties, the applicant has expressed interest in leaving the existing native vegetation and screening the entire site with a vegetative buffer thus minimizing the visual exposure to state right -of -way and adjacent property owners. -413- City Council Zoning Report Case No 1110 -2 Thomas S. Mackie 111 Page 2 • Background: Calallen Annex Tract "B" was originally platted as a 5.941 -acre of property but was greatly reduced with the expansion and improvements to the Interstate Highway 37 interchange in the early to mid- 1980's. The remaining 1.972 acre tract is the result TXDOT's taking and is located immediately adjacent to the access road between the Union Pacific Railroad crossing of IH -37 to the south and Redbird Lane crossing to the north. • Transportation and Circulation: CalaIlen Drive is designated as a "C1" Collector on the adopted Urban Transportation Plan. A "C1" collector is a 2 -lane roadway within a 60 -foot right -of -way providing traffic circulation between Teague Lane and U.S. Highway 77 frontage road to the south and Smith Drive and West Redbird Lane to the north. Calallen Drive and Teague Lane also provide cross access for multiple perpendicular residential intersecting streets, access to schools and mixed commercial and office uses in the surrounding Calallen neighborhood. Traffic Counts: Street R.O.W. Street UTP Type Existing and Paved Section Volume (2005) Calallen Drive C1 Collector (60'/2 lanes) 60' R.O.W. w /40' Bk to Bk pavement (2- lanes) NA Teague Lane C1 ColIector (60'12 lanes) 60' R.O.W. w/40' Bk to Bk pavement (2- lanes) NA • Relationship to Smart Growth: The proposed rezoning is not consistent with expected growth, existing land use and the future comprehensive land use plan. Improvements to the site will have minimal impact on exiting utilities and services and have a minimal to no adverse impact on the overall vitality of the Northwest area, neighborhood or surrounding community. • Comprehensive Plan & Northwest Area Development Plan Consistency: The Northwest Area Development Plan and Future Land Use Map identify the subject property and surrounding area as a mixed land use between commercial and mobile home residential. A zoning change from the "R -1B" One - family Dwelling District to an "I -2" Light Industrial District is not consistent with both comprehensive plans and Urban Transportation Plan for the City of Corpus Christi. The Comprehensive plan recommends that all areas of development have proper infrastructure and surface drainage. At this location alI public infrastructure is in place. A Storm Water Management Plan must also be submitted with the building construction plans to illustrate the effects of any increase in storm water run -off for all existing and proposed impervious surfaces. This project as proposed will consist mostly of pervious surface equating to minimal storm water runoff. Plat Status: • Subject property is platted as Calallen Annex, Tract B. Staff Analysis: • The requested "1 -2" Light Industrial District is not consistent with the adopted Northwest Area Development Plan, Future Land Use Plan and the with the residential neighborhood uses adjacent to the subject property. However the location is strategically located for the temporary drop off by regional drivers of the these tractor trailers full of products and goods which will then be driven to local stores by local route drivers and the delivery of goods complete. The empty rigs will then be returned to the site for pickup by the regional drivers. The applicant has expressed his intentions to keep the entire operation as a low - profile use in efforts to minimize theft, burglary, trespassing, or —414— City Council Zoning Report Case No 1110 -2 Thomas S. Mackie III Page 3 any adverse impact onto the adjoining properties. The low level of vehicular traffic along the 1H -37 frontage road between Redbird Lane and Callicoate Road on ramp coupled with the mid -lot orientation of the driveway entrance to the project site south of the Redbird Lane exit ramp, truck pick -up and drop -off will not adversely impact with vehicular circulation and traffic levels in this area. The project will also provide the opportunity to employ local delivery drivers and streamline the entire delivery process, thus cutting down on wasted time and wasted fuel. The proposed use is low- impact interim use of the property. A "B -4" General Business District in lieu of the requested "I -2" Light Industrial District is more appropriate to that area due to the existing residential uses. The "I -2" District permits uses that are detrimental to abutting residential uses. The `B-4" District is a district that allows uses appropriate with properties fronting a major thoroughfare. The proposed dispatch office and parking area are permitted uses in the "B -4" District. However, the parking/staging of the tractor trailers is not a permitted use in the "B-4" District. The parking /staging of the tractor trailers can be accomplished through a Special Permit. The Special Permit would allow the proposed use without allowing all of the other obnoxious uses permitted by the "I -2" District. Planning Commission's and Staff's Recommendation: Denial of the change in zoning from the "R -1B" One - Family Dwelling District to "I -2 Light Industrial District, and m lieu thereof, approval of a "B -4 /SP" General Business District with a Special Permit for a tractor trailer storage yard subject to the site plan and the following six (6) conditions: 1. Uses: The only use authorized by the Special Permit is a tractor trailer storage yard and all uses allowed by -right in the "B -4" General Business District. 2. Storage Yard: The storage yard shall be Iimited to no more than ten (10) tractor trailers. 3. Landscaping: Landscaping will consist of undisturbed and irrigated native vegetation which will provide more than adequate screening for the subject property along Interstate Highway 37 frontage road. This native vegetative screen must at a minimum be in accordance with Article 27B Landscape Requirements for new construction in the "B -4" General Business District. 4. Screening: A solid screening fence with a height of not less than six feet shall be installed where adjacent to a residential zoning district. If the undisturbed, native vegetation does not provide visual screening, then a chain link fence with slats shall be installed along the remaining property lines. S. Lighting: All overhead lighting shall be shielded and/or directed away from adjacent properties and right -of -way so as to minimize glare and light trespass into neighboring residential properties and vehicular traffic. 6. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless at that time the property is being used as outlined in Condition #1 and in compliance with all other conditions, in which event the Special Permit shall continue in effect and applicant's use and development of the property shall continue to be subject to the conditions of the Special Permit. —415— City Council Zoning Report Case No 1110-2 Thomas S. Mackie III Page 4 El •8 © Number of Notices Mailed: 8 within 200 foot notification area; 3 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition - 1 (inside notification area); 0 (outside notification area) For 7.69% As of November 29, 2010 Attachments: 1. Site- Subject Property 2. Site- Existing Zoning, Notice Area, & Ownership 3. Site- Existing Land Use 4. Site - Future Land Use H:IPLN- D3R1SHAREDI1. PLANNING COMMISSION12010 CCSDEC. 2010)1110-02 TH04 tMACKIE IUICC ZONING REPORT 1110 -02 THOMAS MACKIE (R -1B TO 1-2).DOC CALALLE CALALLEN NEX MAT I S J L T A G T SUBJECT PROPERTY 1. CALALLEN A Napa rea' By: SPA ar enrar Dee eVsa em rS erveces CASE: 1110-02 1. SUBJECT PROPERTY CA LA LEN NEX CA LALLEN ANNE) SUBJECT PA O PER 1 -2 CALALLEN A Prepp red By: SRR ca err cc Din NAM eakr8'naves CASE: 1110-02 2. SITE - EXISTING ZONING, NOTICE AREA & O NERS `i'P ?: I Apertnehl Have Ddhal 1.1 Limped Fiwkial Dlstkl ?: 1? Apartn aril Haug Dlr hcl F2 IJ11hI hdurllal Mahal A:2 Amin end Rowe DU hcl I.3 Heavy hIur YIN Obeid AN PrcfexsloiId O Wce Dlstkl Pa PIantd DNID tvelopmenl AT Again chi-Muir IDlshcl R-IA. One Fantb' Dwellhg Dlshai 0 -1 Neighborhood aurteess Dirlkr 11•11 One unity Dwelling DIxhG 13-1.8 Neighborhood Duatiess Dlrtki R•IC One Faulty Dwellho Dix Ed B -2 Newtonl 1Urlless Dkhel R -2 Mingle Dwelling Dlstkl B 2q Bailer Biwa Durlbss DHIICi RA Ono Foal& Dwell0g D1 /tltl 14 Iruhess Dlrtkl RE Resldenlai Wale Dirhel D -E General Ewlrtece Drs lid R•1N TowaInure dwefiig Dlslrch 14 Primaryaurkwe3 DlrYlcl ; 1ped1) ?moll E4 PNmar lurFmss Caro MEd T -i9 Ttaxl Ttalet Pak dklicl RD Cerpui C141s1 Rea71 D align MI. T-111 raaxrrackred Home Pak Dix Ed F -R Farm Dial DUidol T -IC Matrtrckred NameGEbdl[1:kn HC Hlalnlral-natrol Landmark 011)101 Preserealon WEI.E.7Q'&Ito- Sal h 7d4N Cie'i: ePSf'r' '',1111J' ■.+�c"t7'A� a$.e.$ arzetaa'e'n;0F 2 Va'e ' A r epp)S.1111 SUIPECT PROPERTY [LOCATION MAP SUBJECT PROPERTY raasno 70 arsearaday: SPR F L ' (Deaa'ttiu IMESacrees CASE: 1110-02 3. SITE- EXISTING LAND USE FR Estee Residential tDR Low Deaslty Res. J t R ill<Ed Densely Res. mb Derasiy Res, Q M bie Home VAC Vacant PO Professional Mice �CM1 Commercial U liy*t Waste's; ® l/avy industrial Fbrblk Semi•Pvblic Perk DC l afuage Corridor ConsenratiordPreservatrwr i R War SW ECT PROPERTY Map Scale: 1:2,4047 ILOCATION MAP SUBJECT PROPERTY 50o2812O �? a; epereaBy: SRA rraenr c7er,aro,S4re9 r,Sa'WieOS CASE: .1 4. SITE FUTUR Agrica ltnrallibrral Estate Residerutiel ZDR Low Delany Res. Md Oeesri'yRe+s. h R I Lbwsriy lies. O M bik Huns Vacant AO Professional Office 1 Coaamercial Transportation Plan ecsEilg ptgoasSe f apresswa MEM - Arterrarrr -- -R - Colectors - -- •! Iarrway c;C:C -1-1-1-4-1- Railroad' 110 -02 E LAND USE Tourist Research/Basirress Bark Lightkrdrrstrkil Davy krdastrial Public Semi. iblic Pa* Drainage Corridor Dredge Placement Water Conservation/Preservation SIEJrECT PROPERTY Map Scatter 1:2,400 'LOCATION MAP MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall November 10, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice- Chairman James Skrobarczyk Johnny R. Martinez Evora J. Kelly *Absent* John C. Tamez Govind Nadkarni Mark Adame *Left at 7:52 p.m.* John Taylor *Absent* STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Wesley Vardeman, City Planner Daniel McGinn, AICP, CFM, Senior Project Manager Deborah Brown, Assistant City Attorney *Arrived at 5:35 p.m* Ashley Satterfield, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:32 p.m. and a quorum was declared. B. ZONING b. Case No. 1110-02 Thomas S. Mackie III: A change of zoning from the "R -1B" One - family Dwelling District to the "I -2" Light Industrial District resulting in a change of land use from a one - family dwelling use to a light industrial use. The property to be rezoned is 1.972 acres of Calallen Annex, Tract B, approximately 570 feet south of Redbird Lane, located at 13142 IH Access Road. Commissioner Skrobarczyk commented on the confusion of the State right -of -way and the future land use areas within the same map. The public hearing was opened. Thomas Mackie, the applicant, came forward and presented the plans generated for the subject property. Mr. Mackie asked to modify Condition #2 to allow ten (10) trailer trucks instead of the recommended eight (8) trailer trucks. Commissioner Skrobarczyk commented on the natural vegetation buffer especially since all ingress and egress for the subject property will be on the frontage road. A small discussion was held on keeping the natural vegetation buffer via Special Permit. Commissioner Martinez asked Mr. Mackie is staff had discussed the Special Permit and Mr. Mackie responded that he was aware of the Special Permit and conditions. Mr. Vardeman stated the driveway was to be moved to be better positioned with the exit ramp of Interstate Highway 37. A discussion was held on the natural vegetation and landscaping buffer. -421- Planning Commission Minutes November 10, 2010 Page 2 Douglas May (12905 E. Redbird Lane) came forward in opposition and expressed concern with the future land use, hours of operation, lighting, run -off, natural gully, and traffic congestion. The public hearing was closed. Commissioner Skrobarczyk suggested staff provide a Iarger map to see the natural topography. Mr. Mackie stated the development was to be south of the gully and permeable material would be used. Vice - Chairman Huerta commented on the properties to the north of the subject property and the protection of the residences. Mr. Mackie stated the company will not destroy the natural vegetation. Mr. Vardeman responded to Vice - Chairman Huerta's question by stating the required landscaping between commercial and residential is a solid, standard screening fence. The native vegetation is additional. Light shielding is required for all commercial properties. Commissioner Skrobarczyk suggested having required additional buffers abutting to residential properties to enable developments close to residential and Mr. Saldana stated the applicant would have to reapply for a change in zoning because additional developments would be amending the approved Special Permit. Commissioner Skrobarczyk inquired about granting the applicant's request for the "I -2" Light Industrial District and protecting the residential properties with conditions. Motion to approve staff's recommendation, modified Condition #2 to allow for ten (10) trailer trucks, was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni. Motion passed unanimously with Commission Tamez abstained, and Commissioner Kelly and Commissioner Taylor absent. H:1PLN- DIRISHAREDII. PLANNING COMMISSION12010 CCIDEC. 201011110 -02 THOMAS S. MACKIE III111 -10- I0 MINUTES EXC.DOC —422— Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THOMAS S. HACKIE III, BY CHANGING THE ZONING MAP IN REFERENCE TO APPROXIMATELY 1.972 ACRES OF CALALLEN ANNEX, TRACT B, LOCATE D EAST OF THE INTERSTATE HIGHWAY 37 AND APPROXIMATELY 570 FEET SOUTH OF REDBIRD LANE AT 13142 INTERSTATE HIGHWAY 37, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR A STORAGE YARD, WITHOUT RESULTING IN A CHANGE OF FUTURE LAND USE, BUT SUBJECT TO THE SITE PLAN AND THE FOLLOWING SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Thomas S. Mackie III, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 10, 2010, during a meeting of the Planning Commission, and on Tuesday, December 14, 2010, . during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on approximately 1.972 acres of Calallen Annex, Tract B, located east of the Interstate Highway 37 and approximately 570 feet south of Redbird Lane at 13142 Interstate Highway 37, from "R-1B" One - Family Dwelling District to "B-4/SP" General Business District with a Special Permit for a storage yard, without resulting in a change of future land use but subject to a site plan, attached (Exhibit A), and six (6) conditions. (Zoning Map 065051) (Exhibit B). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. Uses: The only use authorized by the Special Permit is a tractor trailer storage yard and all uses allowed by -right in the "B -4" General Business District. H :I LEG- DIRIShared \LEGAL- DEV.SVCS12010 Agenda112- 14- 1014e_'Thomas S\ORD- zoning - special permit.doc Page 2of4 2. Storage Yard: The storage yard shall be limited to no more than ten (10) tractor trailers. 3. Landscaping: Landscaping will consist of undisturbed and irrigated native vegetation which will provide more than adequate screening between the subject property along Interstate Highway 37 frontage road and the residential properties adjacent to and north of the subject property. The twenty -five (25) foot wide native vegetative screen as measured from the subject property lines shall remain at a minimum in accordance with Article 27B Landscape Requirements for new construction in the "B -4" General Business District. 4. Screening: A solid screening fence with a height of not less than six feet shall be installed where adjacent to a residential district. If the undisturbed, native vegetation does not provide visual screening, then a chain link fence with slats shall be installed along the remaining property lines. 5. Lighting: All overhead lighting shall be shielded and/or directed away from adjacent properties and right -of -way so as to minimize glare and light trespass into neighboring residential properties and vehicular traffic. 6. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless at that time the property is being used as outlined in Condition #1 and in compliance with all other conditions, in which event the Special Permit shall continue in effect and applicant's use and development of the property shall continue to be subject to the conditions of the Special Permit. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. H:1 LEG- DIRIShared\LEGAL- DEV.SVCS12010 Agenda112 -1410 rtie, Thomas 51ORD- zoning - special perrnitdoc Page 3 of 4 SECTION 8. That 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 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi A,Z1-2cLit641,,&) eborah Walther Brow Assistant City Attorney For City Attorney H: 1LEG- DJR \Shared\LEGAL- DEV.SVCS12010 Agenda112- 14- 1QIMyr, Thomas SMORD- zoning - special permiidoc Page, 4 of 4' Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1 LEG- DIR1SharedlLEGAL- DEV.SVCS12010 Agenda112 -14-10 ctil Thomas S1ORD- zoning - special permit.doc 1 1 -2 5 WIMP ; EXHIBIT A- SITE PLAN 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/14/2010 AGENDA ITEM: RESOLUTION ACCEPTING THE PROJECT FOR PUBLIC SPACES' REPORT CALLED "PLACEMAKING AT DESTINATION BAYFRONT" AND ENDORSING THE CONCEPTS IN THE REPORT AS A MASTER PLANNING DOCUMENT FOR THE REDEVELOPMENT OF THE PUBLIC SPACES IN THE AREA FROM MCCAUGHAN PARK TO SHERRILL PARK AS DESTINATION BAYFRONT AND DIRECTING CITY MANAGER TO WORK WITH THE DEVELOPMENT BAYFRONT ORGANIZERS TO DEVELOP AN APPROPRIATE IMPLEMENTATION PLAN AND SCHEDULE, INCLUDING THE REVISION OF THE CITY'S COMPREHENSIVE PLAN TO ADOPT THE DESTINATION BAYFRONT CONCEPTS ISSUE AND BACKGROUND: : In June of this year, City Council approved a resolution of support for Destination Bayfront as the means to engage the public in a discussion regarding development of a master plan for the public space from McCaughn Park to Sherrill Park that includes the Memorial Coliseum and adjacent property. Over the last several months, the Destination Bayfront coalition, and their consultant, Project for Public Spaces, have engaged the public in such a discussion. On December 71h, Destination Bayfront presented a report to Council "Placemaking at Destination Bayfront" which proposed a master plan for the 27 acres of the subject property. As a result, this resolution is being brought to Council for approval as discussed during the presentation of December 7th formalizing the City of Corpus Christi's endorsement of the Destination Bayfront work product and laying out a plan for collaboration between city staff and Destination Bayfront organizers to move this project forward. REQUIRED COUNCIL ACTION: Approval of the attached resolution. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached resolution. udy D. Garza Intergovernme al Relations rudyga ©cctexas.com 361 - 826 -3082 -431- or Page 1 of 4 RESOLUTION ACCEPTING THE PROJECT FOR PUBLIC SPACES' REPORT CALLED "PLACEMAKING AT DESTINATION BAYFRONT" AND ENDORSING THE CONCEPTS IN THE REPORT AS A MASTER PLANNING DOCUMENT FOR THE REDEVELOPMENT OF THE PUBLIC SPACES IN THE AREA FROM MCCAUGHAN PARK TO SHERRILL PARK AS DESTINATION BAYFRONT AND DIRECTING CITY MANAGER TO WORK WITH THE DESTINATION BAYFRONT ORGANIZERS TO DEVELOP AN APPROPRIATE IMPLEMENTATION PLAN AND SCHEDULE, INCLUDING THE REVISION OF THE CITY'S COMPREHENSIVE PLAN TO ADOPT THE DESTINATION BAYFRONT CONCEPTS WHEREAS, community efforts have been ongoing since the closing of Memorial Coliseum in 2004 to develop a suitable use for the bayfront property that encompasses the site of the former Memorial Coliseum, associated public parking areas, and McCaughan, City Hall, and Sherrill Parks; WHEREAS, the 2008 bond proposals approved by the citizens of Corpus Christi provides for the relocation of the northbound lanes of Shoreline Boulevard to provide a large pedestrian area connected to the water, McGee Beach, and the Coopers Alley L- Head as recommended by the City's Bayfront Master Plan, an element of the City's Comprehensive Plan; - WHEREAS, a grass roots affiliation of citizens known as Destination Bayfront emerged through these discussions focused on developing a process for inclusion of ideas and engagement of the community for the sole purpose of a citizen driven effort to help move our community forward; WHEREAS, the City Council of the City of Corpus Christi committed to a public process that engaged the citizens of Corpus Christi in seeking input in developing Destination Bayfront, as the master plan for the redevelopment of the City's property, which will provide opportunities for new activity in the downtown area and spur new economic development opportunities for our community; WHEREAS, among the goals of the Destination Bayfront is to create a signature area for our community that provides a world class destination for both tourists and residents of Corpus Christi alike; and WHEREAS, the Destination Bayfront organizers were assisted by an internationally renowned planning organization know as Project for Public Spaces ( "PPS ") in developing a concept for the site; WHEREAS, following the completion of the Destination Bayfront Phase! public input process, authorized by the Council in June, 2010, PPS has prepared a report called "Placemaking at Destination Bayfront," which is the concept for use of the 27 acre site. Destination Bayfront Resolution- 12082010 FINALDOC —432-- Page 2 of 4 WHEREAS, the acceptance of this report concludes Destination Bayfront Phase 1; WHEREAS, the Destination Bayfront organizers are now seeking authority from the City Council to begin Destination Bayfront Phase 2; WHEREAS, Destination Bayfront Phase 2 will develop recommendations on an "implementation plan and schedule," which will be brought back to the City Council for approval; WHEREAS, both the Destination Bayfront organizers and City Manager and staff will need to jointly work on the implementation plan and schedule in order to determine a realistic and achievable process for redeveloping the site and implementing the Destination Bayfront concept; and WHEREAS, the implementation plan and schedule will address issues, such as: • Priorities for the site development, including a phasing plan • Estimate costs for key elements and areas • Operating revenues sources and estimated expenses • Recommend organization structure for operation of the site, which may include operation by the City or private non - profit entity • Fundraising plan • Initial staffing to implement the project • Process for including the Destination Bayfront Project in the City's Comprehensive Plan • Final road design & costs • Determining how much funding is available for improvement to the park infrastructure from the 2008 bond issue and other sources; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council accepts PPS' report called "Placemaking at Destination Bayfront" and endorses the concepts in the report as a master planning document for the redevelopment of the City's bayfront property that encompasses the former site of Memorial Coliseum, associated public parking areas, and McCaughan, City Hall, and Sherrill Parks as Destination Bayfront. Section 2. The City Council requests that Destination Bayfront organizers work with the City Manager, or designee, to implement the concepts in PPS' report, and to Destination Bayfront Resolution-12082010 FINAL.DQC -433- Page 3 of 4 develop an implementation plan and schedule that sets a financially achievable path to turn the Destination Bayfront concepts into a reality. Section 3. The City Council directs the City Manager, or designee, to take any actions necessary to assist the Destination Bayfront organizers in implementing the report "Placemaking at Destination Bayfront", and initiate the processes required to include the recommendations of the report as an element of the City's Comprehensive Plan. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 8th day of December, 2010. R. ay Z in First Assistant City Attorney For City Attorney Destination Bayfront Resolution-12082010 FINAL.DOC -434- Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Destination Bayfront Resolution -- 12082010 FINAL.DOC —435— Page 4 of 4 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 14, 2010 AGENDA ITEM: Resolution amending the Debt Management Policy for the City of Corpus Christi by amending Section 6.3a regarding utility relocation costs in relation to bond elections, amending Section 6.3g describing Tax Anticipation Notes and Tax Notes, amending Section 15 regarding Tax Compliance, amending Section 16 regarding Capital Improvement Program projects, and by making other non- substantive clarifications, and approving the Debt Management Policy as amended for Fiscal Year 2010 -2011. ISSUE: The Debt Management Policy was originally approved by the City Council on December 11, 2007. This policy was developed to address the methods, procedures, and practices to be utilized for issuance of debt to ensure effective and judicious fiscal management of City funds. City staff and bond counsel have reviewed the policy and are recommending changes to the policy. The main changes were to Sections 6.3, 15 and 16 of the policy dealing with how utility relocation costs for bond funded projects will be financed (Section 6.3a), elaboration on the definition oftax anticipation notes and tax notes (Section 6.3g), tax compliance issues (Section 15) and the "Capital Improvement Program" (Section 16) in reference to what types of projects can be debt financed (See Section 16.3.) and the process in doing so. (See Section 16.4.) City staff is requesting approval of the policy as presented. PRIOR COUNCIL ACTION: December 15, 2009 — City Council approved Resolution 028441 approving the City of Corpus Christi's Debt Management Policy. December 16, 2008 — City Council approved Resolution 028003 approving the City of Corpus Christi's Debt Management Policy. December 11, 2007 — City Council approved Resolution 027526 adopting the City of Corpus Christi's Debt Management Policy. REQUIRED COUNCIL ACTION: Approval of the Resolution. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the Resolution as presented. Constance P. Sanchez Interim Director of Financial Services Attachments: telephone: (361) 826 -3227 Background e-mail: constancep @cctexas.com Debt Management Policy —439— BACKGROUND In order to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City, the City Council approved Resolution 027526 on December 11, 2007, adopting a "Debt Management Policy ". The Debt Management Policy applies to all long -term debt securities issued by the City for these purposes, as well as to the refinancing of existing debt. Since the Texas Local Government Code provides that each member of the City Council has a fiduciary responsibility in the management of the City's indebtedness, the Debt Management Policy aims to document the procedures that City staff currently performs in reference to the issuance of debt and addresses additional concepts that the City may consider in the future. The policy is reviewed annually. On December 15, 2009, the City Council approved the policy via Resolution 028441. In the course of preparing the City's operating and capital budgets for Fiscal Year 2010 -2011, changes are being recommended to the Debt Management Policy to expand on the how utility relocation costs associated with bond approved projects will be financed, to expand on the definition of tax anticipation notes and tax notes, to address tax implications in relation to "Build America Bonds" and to specifically outline what types of projects can be, debt financed end the process in doing so. We are striving to continually improve this process and may bring forth further revisions in the upcoming year, if warranted. RESOLUTION AMENDING THE DEBT MANAGEMENT POLICY FOR THE CITY OF CORPUS CHRISTI BY AMENDING SECTION 6.3A REGARDING UTILITY RELOCATION COSTS IN RELATION TO BOND ELECTIONS, AMENDING SECTION 6.3G DESCRIBING TAX ANTICIPATION NOTES AND TAX NOTES, AMENDING SECTION 15 REGARDING TAX COMPLIANCE, AMENDING SECTION 16 REGARDING CAPITAL IMPROVEMENT PROGRAM PROJECTS, AND BY MAKING OTHER NON - SUBSTANTIVE CLARIFICATIONS, AND APPROVING THE DEBT MANAGEMENT POLICY AS AMENDED FOR FISCAL YEAR 2010- 2011. WHEREAS, the City of Corpus Christi Debt Management Policy was adopted in Resolution No. 027526 on December 11, 2007, approved in Resolution 028003 on December 16, 2008, and approved in Resolution 028441 on December 15, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Debt Management Policy for the City of Corpus Christi is amended by amending section 6.3A regarding utility relocation costs in relation to bond elections, amending Section 6.3G describing Tax Anticipation Notes and Tax Notes, amending Section 15 regarding tax compliance, and amending Section 16 regarding Capital Improvement Program Projects, and by making other non - substantive clarifications. The Corpus Christi City Council has reviewed and reaffirms the Debt Management Policy for the City of Corpus Christi as amended. A copy of the Debt Management Policy as amended is attached to this Resolution. SECTION 2. This Resolution takes effect upon final passage by City Council on this the 14th day of December 14, 2010. ATTEST: Armando Chapa City Secretary APPROVED: December 7, 2010. Lisa Agui , Assistant City Attorney For the City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor F1:1LEG- DIRILisa12010 Resolutions\Debt Management Policy 2010 Resolution.doc Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong ISIES1239 111213111 City of Corpus Christi CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES CorpusChristi '1111! DEBT MANAGEMENT POLICY December 14, 2010 —443— DEBT MANAGEMENT POLICY Table of Contents Section Title 1. Purpose and Objectives 2. Scope 3. Roles and Responsibilities 4. Selection of Service Providers 5. Use of Debt Instruments 6. Structure and Type of Debt 7. Debt Limits Page 1 2 2 34 6 6 11 12 12 15 16 4617 X18 18 18 8. Fund Balance Requirements 9. Methods of Sale 10. Refunding of Debt 11. Variable Rate Exposure 12. Interest Rate Swap Agreements 13. Continuing Disclosure 14. Investment of Debt Proceeds 15. Post Issuance Tax Compliance Arbitrage 16. Capital Improvement Project 49 22 17. Public Input on Capital Improvement Needs 24- 24 18. Definitions 24- 24 —444— NERIMAIr IMAM City of Corpus Christi Debt Management Policy Section 1 PURPOSE AND OBJECTIVES 1.1 Purpose CorpusChristi i W411101iCa CRY r The Director of Financial Services for the City of Corpus Christi, Texas (the "City ") is charged by the City Manager with the responsibility for prudently and properly managing any and all debt incurred by the City. The following policy provides the methods, procedures, policies and practices which, when exercised, ensure the sound fiscal management of the City's debt program. All City offices and departments must comply with the guidelines and procedures set forth in this policy. The purpose of this policy is to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City. The Corpus Christi City Council recognizes that there are no absolute rules or easy formulas that can substitute for a thorough review of all information affecting the City's debt position. Debt decisions should be the result of deliberative consideration of all factors involved. This policy is intended to augment the deliberation process by addressing the methods, procedures, and practices to be utilized to ensure effective and judicious fiscal management of City funds. The terms of this Debt Management Policy (the "Policy ") are intended to comply with all federal and state laws governing debt, including, but not limited to, Texas law, Internal Revenue Service rules and regulations, United States Securities and Exchange Commission (SEC) regulations, Municipal Securities Rulemaking Board (MSRB) rules and regulations, court rulings, and the existing City debt covenants and City of Corpus Christi home rule Charter ( "City Charter ") provisions. 1.2 Objectives Debt Management shall be conducted with the primary objectives of: * Maintaining or enhancing the City's existing credit rating for all categories of short and long -term debt, consistent with the financial policies and bond covenants approved by the City Council; —445— * Complies with applicable bond covenants and federal tax laws to ensure continued tax exemptions or tax credits. • Maintaining access to capital; • Minimizing borrowing costs; and • Maximizing financial flexibility. Section 2 SCOPE 2.1 This Policy shall govern debt obligations issued by the City that finance the construction or acquisition of infrastructure and other assets or to refinance existing debt. The City may also desire to issue debt obligations on behalf of external agencies, non -profit corporations, or other authorities for the purpose of construction or acquisition of infrastructure or other assets that further the goals and objectives of City government. In that case, the City shall take reasonable steps to confirm the financial feasibility of the project and the financing solvency of any necessary borrower; and shall take all reasonable precautions to ensure the public purpose and financial viability of such transactions. 2.2 This policy Policy applies to all short -term and long -term debt securities issued by the City. This may include general obligation bonds, certificates of obligation, revenue bonds, commercial paper, long -term capital leases, certificates of participation, tax notes, tax anticipation notes, bank notes, equipment notes, private placements, and letters of credit, and other similar credit or liquidity facilities or other debt instruments. Section 3 ROLES AND RESPONSIBILITIES 3.1 All debt programs will be made in accordance with applicable federal and state regulations, subject to applicable law. The City Council will approve the issuance of all City bond indebtedness. 3.2 The Director of Financial Services has the primary responsibility for making debt - financing recommendations to the City Council and has responsibility for the appropriate management of the City's debt program. 3.3 The Director of Financial Services, or the designee thereof, will coordinate all activities necessary to issue debt, including, but not limited to: • Selection of financial advisor and bond counsel; • Verifying compliance with City Charter; • Review of ordinances and resolutions prepared by bond counsel; • Review of all documents necessary to issue debt prepared by bond counsel; —4246— ■ Review of offering memoranda or other disclosure documents provided by financial advisors; and • Review of all related fmancial analyses. 3.4 The Director of Financial Services, or the designee thereof, will provide no less often than annually to the City Council: a. An annual debt issuance schedule for capital projects (included in the operating budget); b. An updated ten -year capital improvement plan (included in the capital budget); c. Certification that the City is current on all debt service payments; d. Disclosure of any payment defaults since the prior report was made to the City Council; and e. Disclosure of any other bond covenant violations or defaults since the prior report was made to the City Council of which the Director of Financial Services has actual knowledge. 3.5 The Capital Budget Officer, or the designee thereof, will facilitate implementation and oversee the Capital Improvement Plan for City offices and departments pursuant to Section 16 of this peliey Policy. 3.6 The Director of Financial Services, or the designee thereof, will recommend to the City Council a financing team consisting of bond counsel, financial advisor, and underwriters, to the extent required for each bead -debt issue. 3.7 The Office of Management and Budget is responsible for reporting quarterly in its financial report a schedule that includes outstanding debt requirements as well as commercial paper activity and capital lease activity. These reports will include principal and interest requirements, dates for each, and related interest rates. 3.8 The City Treasurer is responsible for assuring that all debt service payments are made in a timely manner to the appropriate paying agents for the obligations issued by the City. 3.9 The Office of the Director of Financial Services is responsible for preparing and submitting the annual continuing disclosure pursuant to SEC Rule 15c -12. 3.10 The City departments administering projects financed with debt funding are responsible for complying with Section 16 of this Policy. 3 _447_ Section 4 SELECTION OF SERVICE PROVIDERS 4.1 Financial Advisors The Director of Financial Services provides recommendations for the selection of a financial advisor for the City of Corpus Christi'a City's debt program. The financial advisor will have comprehensive municipal debt knowledge and experience and may perform the following duties including but not limited to: comprehensive analyses of debt refinancing, recommendations for alternative financial structures; development of timing and sale of new issues; recommending whether the sale of the new issues be through a competitive bid sale, negotiated sale, or private placement; coordinating the market pricing of debt securities; issuing and disseminating the bond offering document and other disclosure requirements; coordinating with the underwriters of the bond issuance if the bonds are sold through a negotiated sale; seeking and obtaining ratings from the three major bond rating agencies; and providing guidance and advice about debt - related topics, as needed. Due to the complex nature of the City's debt portfolio, it is important for the City to maintain continuity with a financial advisor who is familiar with the City's history in issuing bonds. The City reserves the right, however, to conduct a formal request for proposal or request for qualifications process to select its financial advisor. 4.2 Bond Counsel The Director of Financial Services coordinates with the City Attorney, the Assistant City Manager for Administrative Services, and the City Manager on the selection of bond counsel for all debt issues. Bond counsel will have comprehensive municipal debt knowledge and experience. When the bond counsel has been selected, they are responsible for providing an opinion to investors in two specific areas. The bond counsel must opine to investors that the securities are valid and legally binding obligations of the iffier City. Then, the bond counsel will opine on whether the interest on the bonds is exempt from federal taxation. The bond counsel also prepares all bond documents necessary to execute the bond issuance. The bond counsel is responsible for coordinating with the City Attorney's office, City Secretary's office, and Financial Services Department, as well as the City's financial advisor, to ensure that all tasks associated with the bond issuance are completed within prescribed timeframes. To the extent required by State law, bond counsel is responsible for coordinating with the Office of the Attorney General and the Office of the Comptroller of Public Accounts of the State of Texas matters relating to the approval of City obligations. The City values continuity in maintaining a relationship with bond counsel due to the complexity of issues and laws related in issuing municipal bonds. However, the City reserves the right to conduct a formal request for proposal or request for qualifications process to select its bond counsel. _4448_ 4.3 Paying Agent/Registrar The City's financial advisor may conduct a request for proposal process to select the paying agent/registrar for each new issue and recommends the successful candidate for approval by City Staff. The successful candidate may not necessarily be the proposer with the lowest cost. A "best value" approach is may be utilized in the selection. 4.4 Underwriters In a negotiated sale (see Section 9 - Methods of Sale), the Director of Financial Services, after review with the Assistant City Manager for Administrative Services, the City Manager, and the Financial Advisor makes recommendations about which underwriting firms to include in the underwriting syndicate. The City issues Requests for Qualification (RFQ) approximately every three years to obtain an approved list of underwriters which is broken -out by sections: national scope, banking institutions, regional scope, and "historically underutilized business" ( "HUB ") status. A diverse group of securities firms will be chosen based on past performance, demonstrated ability to resell, prior municipal issuance experience, and other factors including, without limitation, participation in bidding on competitive bond sales conducted by the City. While past demonstrated performance is the primary criteria for selection within those criteria, the participation of firms with a HUB status will be strongly encouraged. 4.5 Bond Insurer Credit quality and marketability of securities may be enhanced through the purchase of municipal bond insurance. The City pays a single premium and in turn, the bond insurer unconditionally guarantees the payment of principal and interest to the bondholders in case of a payment default. Prior to purchasing municipal bond insurance for an issue, the financial advisor will perform an analysis to determine the cost benefits to the City derived from obtaining municipal bond insurance. Bond insurance will only be utilized when it is economically feasible. 4.6 Bond Rating Agency Application Prior to issuing new debt or to issuing refunding debt, the City will submit a rating application to at least two of the largest rating agencies, which, as of the date this Policy became effective, are: Fitch Ratings, Moody's Investor Services, Inc. and Standard & Poor's Ratings Services. The Financial Advisor will carefully review any rating agency terms and conditions prior to the City accepting any such rating. 4.7 Bond Rating/Bond Insurers' Presentation As often as deemed necessary, City staff and/or elected officials will either make a bond rating presentation directly to the analysts of the three largest rating agencies and/or the bond insurance companies, will hold conference call interviews with each of these _4549_ entities, or will invite each of the rating agencies and/or bond insurers to make a site visit to the City. For the presentation, staff compiles information relevant to the City's current economy, fmancial condition, and current initiatives to provide reference material for the rating agencies and bond insurers. When issues occur frequently, the rating agency application and offering document will be supplemented by a minimum of a written presentation of updated information about the City since the last rating application. The City distributes the Comprehensive Annual Financial Report (CAFR) and the current operating and capital budgets to each of the three bond rating agencies, as well as to bond insurance companies. Financial information about the City is available on the City's website: http: / /www.cctexas.com Section 5 USE OF DEBT INSTRUMENTS 5.1 Debt financing will not be considered appropriate for any recurring purpose such as current operating and maintenance expenditures. The City will use debt financing only for one -time capital improvement projects and equipment purchases under the following circumstances: a. The project is included in the City's capital improvement plan budget; b. The project is a result of growth- related activities within the community that require unanticipated and unplanned infrastructure or capital improvements by the City; c. The project's useful life will be equal to or exceed the term of the financing; d. The equipment has an expected useful life of at least the term of financing; and/or e. There are revenues sufficient to service the debt, whether from future property taxes, user fees, or other specified and reserved resources. Section 6 STRUCTURE AND TYPE OF DEBT 6.1 Debt service will be structured to match projected cash flows, minimize the impact of future property tax levies, and maintain a relatively rapid payment of principal. 6.2 The term of the debt issuance must should equal the lesser of the useful life of the asset being financed or the maximum maturity permitted by State law for the obligations issued to finance the acquisition and construction of the asset. 6.3 The types of debt instruments to be issued by the City include: a. General Obligation Bonds - The City generally issues general obligation bonds for general purpose capital improvements when benefits accrue to the entire community. General obligation bonds are also used when the expectation of the project is that it will not generate significant revenues to fund the project outright. The general obligation bonds are sold for a term no greater than the useful life of the project that is being funded through the issuance of the general obligation bonds. The City pledges its "full faith and credit" and levies an ad valorem tax to repay the debt, consistent with State law and the City s Charter. In order to issue general obligation bonds, the eligible voters of the City must authorize the amount to be issued through a popular—referendum bond election held for such purpose. For future bond elections, the City will make every effort to include the related utility relocation costs in the bond election for street projects in order to minimize any utility rate increases that would be associated to the cost of such related utility relocations. In the event that the utility relocation costs are not included in the bond election for street projects, then the City will disclose, at the time of the bond election, the impact of such costs on future utility rates. b. Certificates of Obligation — Under State law, the City has the opportunity to issue certificates of obligation. Although voter approval is not required, additional notification and public hearing requirements may apply, to the extent so provided by applicable State law. Certificates of obligation may be secured by a combination of ad valorem taxes and revenues from a source that the City is authorized by State law to encumber for a public purpose, e.g., solid waste. Certificates of obligation are often issued to finance projects in cases where user fees charged for the use of the projects financed are pledged to repay the certificates of obligation. Examples include: Solid Waste, Marina, Hotel Occupancy Tax, etc. Certificates of obligation are available for governments when the improvements being sought are necessary for the health, safety and welfare of the government's citizens, in circumstances where cost overruns on a general obligation bond - financed capital improvement may have occurred, or where financial opportunities unexpectedly arise to leverage funds from other entities and reduce the City's capital cost for a community improvement. Also, certificates of obligation may be issued where the timing of the construction of a capital improvement and the expense of calling a bond election for a single proposition would, in the opinion of City staff and with the approval of the City Council, warrant the issuance of certificates of obligation to finance the capital improvement. 7 —451— c. Revenue Bonds — Revenue bonds are secured by a specific source of revenue. There is no ad valorem tax pledge. Revenue bonds are issued to pay for improvements that benefit the users that repay the debt through user fees. The City issues revenue bonds primarily for the City's Airport and Utility Systems. Typically, the City is required to fund a reserve fund that has on deposit an amount no less than the average annual debt service requirements on outstanding revenue bonds, as a contingency in the event revenues that are collected for services provided are not sufficient to satisfy debt service requirements. Another method to provide for such reserves is the use of a credit facility (such as a surety bond) in lieu of cash or eligible investments in the amount of the average annual debt service requirements on the outstanding revenue bonds. The costs of both methods are evaluated prior to a revenue bond issue. The City fully complies with debt service and reserve funding requirements set forth in any and all bond covenants. When revenue bonds are issued or are outstanding, coverage requirements consistent with the bond covenant will be maintained, typically at a level no less than 1.25 times the average annual debt service requirements on the outstanding revenue bonds. The City maintains that it will collect rates and charges at all times that are necessary to produce gross revenues and other pledged revenue in each fiscal year equal to the greater of either: • Amounts sufficient to pay all current operating expenses plus amounts sufficient to produce net revenue for each fiscal year at least equal to 1.25 times the average annual principal and interest requirements on all revenue bonds outstanding; or • Amounts sufficient to pay the sum of all current operating expenses, the average annual principal and interest requirements on the outstanding priority bonds; required deposits to the reserve fund for revenue bonds, and amounts required to pay any other obligations reasonably anticipated to be paid from gross revenues during the fiscal year. One operating ratio that is utilized is for the days' operating coverage to generally be 90 days — meaning that maintaining revenue sufficient to cover 90 days of operating expenses is targeted. Although this ratio is not mandated by the City's bond covenants, it is one that is utilized by the City's management. The City may also issue bonds and other obligations that are secured by revenues generated within a designated geographic area of the City, such as a tax increment reinvestment zone or a public improvement district. Covenants pertaining to the coverage requirements, reserve funds and other financial considerations will be —42— developed, working with the City's financial advisor and bond counsel, to ensure that any obligations issued will be creditworthy and marketable. d. State Revolving Loan Funds — The State of Texas administers various revolving loan funds, which are available to be loaned to Texas political subdivisions in accordance with the statutory authority granted to state agencies to fund loans, and the regulations of the state agency with respect to the specific loan program. Two examples of such loan programs are the Texas Water Development Board water and wastewater loan programs, and the Texas Military Preparedness Commission loan program to assist defense communities in financing infrastructure improvements. The Director of Financial Services, working with the City's financial advisor, will explore financing opportunities under State loan programs to determine if financial or other benefits may help the City in pursuing loans from such state agencies. e. Refunding Bond — The Director of Financial Services, working with the City's financial advisor, will consider refinancing outstanding debt issues, as more fully discussed in Section 10 of this Policy. f. Commercial Paper — The City has established a commercial paper program to provide interim (short- term) financing authority to fund improvements to the City's Utility System. The commercial paper notes are structured as bond anticipation notes, and as a condition to the issuance of the commercial paper notes, the City must provide sufficient liquidity to enable commercial paper noteholders to be paid upon the maturity of the commercial paper notes. The Director of Financial Services, working with the City's financial advisor, will monitor the commercial paper market to ensure that the City is obtaining the lowest possible interest rates on its outstanding commercial paper notes, as well as to determine, based on the needs of the City and the then existing public debt market conditions, the timing of refunding the commercial paper notes with long term fixed rate revenue bonds. g. Tax Anticipation Notes / Tax Notes — Chapter 1431, Title 9 of the Government Code defines and addresses the issuance of anticipation notes by municipalities, counties, eligible school districts, or eligible countywide districts. State law authorizes two different types of borrowings under this chapter: short-term anticipation notes and long -term anticipation notes (frequently referred to as "tax notes "). (1) Short-term Anticipation Notes — State law permits the City to issue short term notes in anticipation of ad valorem tax collections. The City will prepare budgets to ensure that there will be no need to issue tax anticipation notes to fund the budget. However, —4g3— should emergency situations arise, the Director of Financial Services, working with the City's financial advisor, will advise the City Council on the necessity of City Council approving the issuance of tax anticipation notes. State law authorizes tax anticipation notes to have a maximum term of one year. (2) Long -term Tax Notes - State law also permits the City to issue long term notes to pay for the construction of a public work; the purchase of materials, supplies, equipment, machinery, buildings, land, and rights -of -way for the City's authorized needs and purposes; and to pay for professional services, including a service by an engineer, architect attorney, mapmaker, auditor, financial advisor, or fiscal agent. State law authorizes these tax notes to have a maximum term of seven years. h. Capital Lease. Financing and Equipment Notes — The Director of Financial Services, working with the City's financial advisor, will review the equipment needs of City departments and determine financing options for acquiring or leasing equipment, either through presenting to the City Council for approval of Iease or lease - purchase agreements with vendors to acquire equipment, or seeking the approval from the City Council to authorize the issuance and sale of notes or other short term obligations to borrow funds to acquire equipment. i. Any other debt instrument authorized for issuance by the City in accordance with the Texas Government Code or other applicable law. 6.4 Individual revenue streams considered for proposed debt service of revenue bonds should meet a minimum debt service coverage ratio test of 1.25 times average annual debt service, along with any appropriate reserve or contingency funds. Debt coverage is defined as total revenue divided by total debt service. 6.5 Fixed Interest versus Variable Interest The City primarily issues fixed rate bonds to protect the City against interest rate risk. The City has the option to issue variable rate bonds and may, if market conditions warrant, consider such a structure. Commercial paper notes, due to their short term maturities (270 days or less), are treated as variable rate obligations. 6.6 Conduit Securities The City has created, and may create, nonprofit corporations as authorized by State statutes that act as a conduit for tax - exempt financing. Those corporations include but are not restricted to: (1) Corpus Christi Housing Finance Corporation, (2) Corpus Christi —4g4— Industrial Development Corporation, and (3) the Coastal Bend Health Facilities Development Corporation. These entities issue bonds for the benefit of to unrelated commercial entities, and the City assumes no liability for the timely payment of debt issued by these entities. These bonds are not liabilities of the City or the respective corporations and are solely payable from revenues of the various commercial entities. In addition, the City has created nonprofit corporations to assist the City in financing various public infrastructure improvements, such as the North Padre Island Development Corporation and the Corpus Christi Business and Job Development Corporation. Public funds, such as voter - approved sales taxes and tax increment revenues, may be made available to these corporations by contract with the City, in fulfillment of the public purposes for which these corporations were created. 6.7 Structure Bonds are generally issued with an average life of 20 years or less for general obligation bonds and revenue bonds but may be greater for some projects such as landfills and major utility facilities whose lives are greater than 20 years. Typically, interest is paid in the first fiscal year after a bond sale, and principal is paid no later than the second fiscal year after the debt is issued. Call provisions for bond issues shall be made as short as possible consistent with the lowest interest cost to the City. The targeted maximum length to call is 10 years. However, the City may opt for a call date longer than 10 years in order to achieve the necessary goals of the particular issue. Section 7 DEBT LIMITS 7.1 The City will maintain its outstanding debt within the limits prescribed by State statute and the City Charter. As permitted by the Constitution of the State of Texas, home rule cities of over 5,000 population shall have a total tax allowable of $2.50 and shall have a bond allowable of $1.50 per $100 valuation (unless City Charter provides less). For purposes of issuing bonds, the State allowables are computed based on 90% collections. On April 3, 1993, the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service to allow for the tax rate to increase up to the State limit for voter approved debt after April 4, 1993. The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year, and an analysis is performed to determine the City's ability to assume and support additional debt service payments. When appropriate, the issuance of self - supporting revenue bonds and self - supporting certificates of obligation bonds are also considered. -4 s- 7.2 The City may choose to issue short-teen debt (maturities one -year or less) that pay a fixed rate of interest or that pay a rate of interest that varies, both consistent with Federal and State laws and applicable bond covenants of pre- existing bonds. 7.2.1 The City will issue short-term securities for the purposes of providing: 7.2.1.1 interim financing for long -term capital projects; 7.2.1.2 financing of short -term assets at or near their useful life; 7.2.1.3 interim cash flow /working capital needs as they arise; or 7.2.1.4 a reduction of the overall interest cost of debt financings of the City. 7.3 The City shall use economic ratios as a tool to assist in providing an objective analytical approach to determine debt capacity for new projects. These ratios may include: a. Debt per capita; b. Debt as a percent of statutory debt limit; c. Debt as a percent of appraised valuation; d. Debt service payments as a percent of governmental expenditures; or e. Level of overlapping net debt of all local taxing jurisdictions. An objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally accepted standards of affordability to the current values for the City. The City strives to meet and achieve these standards. Section 8 FUND BALANCE REQUIREMENT 8.1 The City will strive to maintain a debt service fund balance for general obligation bonds and certificates of obligation of at least 2 percent of the annual debt service requirement for the fiscal year; provided, however, that this requirement shall comply with the provisions of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 9 METHODS OF SALE 9.1 The City may use competitive sales, negotiated sales, or private placements. When considering the method of sale, the City will take into consideration: a. Financial conditions; b. Market conditions; c. Transaction - specific conditions; d. City - related conditions; and —416— e. Risks associated with each method. 9.2 Competitive sales are the preferred method under the following circumstances: a. A general obligation pledge or annual appropriation of general revenue; b. Simple structure and fmancial analysis; c. Stable financial market; and d. Moderate par amount. 9.2.1 A competitive sale is when bonds are awarded in a sealed bid sale to an underwriter or syndicate of underwriters that provides the lowest True Interest Cost (TIC) bid. TIC is defined as the rate, which will discount the aggregate amount of debt service payable over the life of the bond issue to its present value on the date of delivery. In today's market, bids primarily are submitted electronically through a secure website. 9.2.2 Competitive Sale Bidding Parameters: 9.2.2.1 Bid Verifications - The City awards successful bidders on the basis of the lowest TIC. 9.2.2.2 Good Faith Deposits - Bidders collectively choose a bank to be the good faith bank in providing a good faith deposit. The bidders keep funds on deposit to cover the good faith check if necessary. The Financial Advisor collects a cashier's check in advance for 2% of the issue if the issue is competitive or for 1% of the issue if the issue is negotiated. Bidders not covered by the good faith bank must provide a good faith check at the time they submit their bid. When the issue closes, the good faith check is returned, usually through overnight mail. 9.2.2.3 Allowable Discounts/Premiums - In most cases, the City requires bidders to purchase bonds at a price of no less than par. When there are no prevailing limitations, a discount/premium may be permitted when market conditions indicate a discount/premium will be rewarded by a more competitive bid and when there is flexibility to increase /decrease the par amount of the issue. If there is considerable market activity on the date of the proposed sale or other market- related factor to necessitate improving the marketability of the issue, discounts /premiums may be permitted. Bidders are notified in advance of the allowance for discounts/premiums. 9.2.2.4 Term Bonds - Bidders may form term bonds based on the length of the maturity schedule. In a 20 -year maturity, they may form anywhere between three to five term bonds. The resulting term bond structure must completely mirror the serial bond structure. —7— 9.3 Negotiated sales are the preferred method under the following circumstances: a. Complex transactions that require extensive financial modeling, credit analysis, pre - marketing efforts, or that are interest rate sensitive; and b. Volatile financial markets. 9.3.1 A negotiated sale is when the City chooses an underwriter or underwriting syndicate that is interested in reoffering a particular series of bonds to investors. The terms of the sale including the size of the underwriter's discount, date of sale, and other factors are negotiated between the two parties. Although the method of sale is termed negotiated, individual components of the sale may be competitively bid. The components are subject to a market analysis and reviewed prior to recommendation by staff. Negotiated sales are more advantageous when there needs to be some flexibility in the sale date or when less conventional bond structures are being sold. Negotiated sales are also often used when the issue is particularly large or if the sale of the debt issuance would be perceived to be more successful with pre- marketing efforts. 9.3.2 Negotiated Sale — Allocation and Designation Policies: 9.3.2.1 The City uses designation rules that reward performance. The most common order type used by the City is the Member Designated Order. This type of order permits the institution placing the order to designate which syndicate members receive credit for its order. Typically the City requires that each institution must designate at least three syndicate members, and no one firm may receive more than 50% credit. 9.3.2.2 Retention - At least two days prior to pricing, the senior managing underwriter will award a block of bonds to each co- manager in the syndicate. Each co- manager is responsible for buying these bonds even if they do not obtain orders for them. If another member of the syndicate has more orders than they can fill, the member may fill orders for syndicate members that have not obtained sufficient orders. 9.3.2.3 Management Fee - The management fee to compensate the underwriters for providing assistance in structuring of the transaction, review of documents, coordination of the working group, efforts to obtain credit enhancement, and other tasks. The management fee is typically allocated in the same allocation as the retention allocation. 9.4 Private placement is the preferred method under the following circumstances: -41e8- a. Small issue size; b. Questionable security for the issue; and c. Overall cost savings to the City. A private placement is a sale of debt securities to a limited number of sophisticated investors. The City may engage a placement agent to identify likely investors. A private placement is beneficial when the issue size is small or when the security of the bonds is weak since the private placement permits issuers to sell more risky securities at a higher yield to investors that are familiar with the credit risk. 9.5 The City considers the following criteria when determining the appropriate method of sale for any debt issuance: a. Complexity of the Issue — Municipal securities with complex security features require greater marketing and buyer education efforts on the part of the underwriter, to improve the investors' willingness to purchase. b. Volatility of Bond Yields — If municipal markets are subject to abrupt changes in interest rates, there may be a need to have some flexibility in the timing of the sale to take advantage of positive market changes or to delay a sale in the face of negative 'market changes. c. Familiarity of Underwriters with the City's Credit Quality -- If underwriters are familiar with the City's credit quality, a lower TIC may be achieved. Awareness of the credit quality of the City has a direct impact on the TIC an underwriter will bid on an issue. Therefore, where additional information in the form of presale marketing benefits the interest rate, a negotiated sale may be recommended. The City strives to maintain an excellent bond rating. As a result, the Municipal Bond Market is generally familiar with the City's credit quality. d. Size of the Issue - The City may choose to offer sizable issues as negotiated so that pre - marketing and buyer education efforts may be done to more effectively promote the bond sale. Section 10 REFUNDING OF DEBT 10.1 The City may elect to refund existing debt for reasons including, but not limited to, the following: a. To achieve Net Present Value (NPV) savings; b. To update bond covenants on outstanding debt that impair efficient operations or prohibit necessary or desirable activities; c. To restructure the debt service schedules associated with outstanding bond issues; or d. To alter bond characteristics such as call provisions or payment dates. 10.2 If a refunding is undertaken, the City will evaluate: a. Issuance costs that will be incurred; b. Interest rate at which the refunding bonds can be issued; c. Maturity dates of the refunded bonds; d. Call date (if any) on the refunded bonds; e. Call premium (if any) on the refunded bonds; and f. Whether to issue the refunding bonds for a period beyond the original maturity date. 10.3 Types of Refunding Current refundings occur when outstanding debt is called for redemption within 90 days. Most City's debt has a ten -year call date built into its structure. When debt reaches the call date, refunding bonds may be issued to pay off the old debt. Advance refundings are refundings where the debt is not called for redemption within 90 days. In an advance refunding, the proceeds to defease the debt at its call date are placed in escrow until the call date. The City's practice is generally to invest escrow in federal securities known as State and Local Government fixed rate securities. The amount to be deposited into the escrow is calculated by identifying the amount necessary to deposit, which will earn a fixed rate of interest, to accumulate to the amount necessary to be available upon the call. This practice prevents exposure to the practice of "yield burning" since there are no excess earnings under this structure. The Tax Reform Act of 1986 limits each issue to one advance refunding for all issues issued after 1986. When the interest rate savings is the principal reason for advance refunding an issue, the City will include issues that can contribute to at least a 2.5% present value savings. Other factors may also affect the City's decision to advance refund an issue. Section 11 VARIABLE RATE EXPOSURE 11.1 The City may use variable rate debt (including commercial paper) to lower the cost of borrowing and provide a hedge against interest rate risk. 11.2 The City's target is not to exceed 30 percent of its total outstanding debt in a variable rate mode. - g0- 11.3 Variable rate debt should be converted to fixed rate debt as necessary to maintain the 30 percent target, to meet the particular needs of a financing program, or to lock in low long term fixed interest rates. 11.4 When issuing variable rate debt, the City will have appropriate contingency plans in place, such as reserves or hedging instruments, to mitigate the risk associated with rising interest rate environments. Section 12 INTEREST RATE SWAP AGREEMENTS 12.1 The City may consider the use of interest rate swap agreements on a case -by -base basis and consistent with Texas law and financial prudence. 12.2 Interest rate swap agreements may be used for the following purposes: a. To achieve significant savings as compared to other, non - derivative type products available in the bond market; b. To prudently hedge risk in the context of a particular financing or the overall asset/liability management of the City; c. To incur variable rate exposure within prudent financial guidelines; d. To achieve more flexibility in meeting overall financial objectives than available in conventional markets; or e. To accomplish a financial objective not otherwise obtainable using traditional financing methods. 12.3 The City will not enter into an interest rate swap agreement without advice of an independent advisor and bond counsel. 12.4 The City may enter into an interest rate swap agreement if the counterparty has at least two long -term unsecured credit ratings of at least equal to the City's long term general obligation rating from Fitch Ratings, Moody's Investors Service. Inc. or Standard & Poor's Ratings Services, and the party has demonstrated experience in successfully executing interest rate swap agreements. 12.5 The City will select counterparties utilizing one of the Methods of Sale as outlined in Section 9 of this Policy. 12.6 Before entering into an interest rate swap agreement, the City shall evaluate all the risks inherent in the transaction including counterparty risk, termination risk, rollover risk, basis risk, tax event risk, credit risk and amortization risk. Evaluation of risk will also include the following considerations: a. Uncertainty with respect to the City's future debt obligations; -4761- b. Effect on the City's credit quality; c. Cumulative exposure to all risk factors identified; d. Difficulty and costs associated with terminations; and e. Limitations on the ability to refund the swap's underlying bonds. 12.7 The City will monitor interest rate swap agreements no less often than on a quarterly basis to ensure compliance with corresponding swap documentation. Section 13 CONTINUING DISCLOSURE 13.1 The City will periodically review the requirements of the Municipal Securities Rulemaking Board (MSRB) and the recommendations of the Government Finance Officers Association (GFOA), including the GFOA recommendation that financial statements be prepared and presented according to generally accepted accounting principles. 13.2 The City will remain in compliance with SEC Rule 15c2 -12 by filing its annual financial statements and other financial and operating data for the benefit of its bondholders within six months after the end of each fiscal year. Section 14 INVESTMENT OF DEBT PROCEEDS 14.1 Debt proceeds will be invested in accordance with the City's Investment Policy or as otherwise permitted in the ordinance or resolution authorizing the issuance of the debt. 14.2 Interest earned is allocated to each fund monthly based on the average balance of funds available during the month. Interest earned on proceeds from bonds, certificates of obligation, commercial paper or other short-term or long -term debt proceeds is allocated to the respective capital projects funds. 14.3 The City maintains in its Investment Policy document approved by the City Council the strategy and policies for investing all available monies (which included bond proceeds). Interest on bond proceeds is restricted such that it may only be used to fund projects that have the same purpose as the purpose for which the bonds were originally issued. Construction proceeds are typically invested in short-term securities so that they are more liquid. Section 15 TAX COMPLIANCE —412— ARBITRAGE 15.1 In General This section contains policies and guidelines (the "Policies and Guidelines ") of the City regarding compliance with certain federal tax requirements applicable to the City' s bonds and other obligations the interest on which is excluded from gross income for federal income tax purposes ( "Tax- Exempt Bonds ") and certain Build America Bonds ( "BABs ") that entitle the City to receive a federal tax credit payment. These Policies and Guidelines relate to requirements that must be met subsequent to the issuance of Tax- Exempt Bonds and BABs in order to maintain that exclusion or receive a federal tax credit payment including, without limitation, reguirements relating to use of proceeds, arbitrage, private business use and record retention. These Policies and Guidelines supersede any post - issuance compliance policy previously adopted by the City but do not supersede, limit or contravene any representations, statements or covenants of the City contained in the bond documents, include the bond ordinance, any resolutions, Certificate as to Tax Exemption., Tax Covenant and Representation Agreement or similar tax certificate, Issue Price Certificate and tax opinions and memoranda related to the issuance of bonds (the "Bond Documents ") for its Tax - Exempt Bonds or BABs. 15.2 Policy It is the policy of the City to adhere to all applicable tax requirements with respect to its Tax - Exempt Bonds and BABs as set forth in the Bond Documents including, but not limited to, requirements relating to the use of proceeds of Tax - Exempt Bonds and BABs and facilities financed and refinanced with Tax - Exempt Bonds and BABs (the "Bond - Financed Facilities'), arbitrage yield restrictions and rebate, timely return filings, and other general tax requirements set forth in the Bond Documents. 15.3 Compliance Monitoring Consistent with the covenants of the City contained in the Bond Documents, the City will monitor compliance with the federal tax requirements applicable to its Tax- Exempt Bonds and BABs. The Assistant City Manager of Administrative Services. the Director of Financial Services or designees are responsible for monitoring compliance with those requirements, with assistance from Bond and Tax Counsel and the City's financial advisor. 15.4 Issue Price In connection with establishing the Issue Price for Tax Exempt Bonds and BABs, some or all following actions should be taken to the extent permitted by the parties to _ the financing: —4g3— 15.4.1 Obtain executed Issue Price Certificate from senior managing underwriter or other representative of underwriting group in form approved by Bond Counsel. 15.4.2. Financial advisors of the City and appropriate City officers monitor pricing of Tax Exempt Bonds and BABs. 15.4.3 For initial sales of BABs, obtain quantity sold, purchaser and price paid. 15.4.4 Either obtain from underwriters or monitor on Electronic Municipal Market Access C "EMMA" sales of City BABs, from pricing date to closing date and have City's financial advisor advise as to any anomalies. 15.5 Record Retention In accordance with Internal Revenue Service ( "IRS ") requirements, the City will retain the following records with respect to its Tax- Exempt Bonds and BABs: 15.5.1 Bond transcripts; 15.5.2 Records regarding Issue Price description in Section 15.4; 15.5.3 Documentation showing the expenditure of proceeds of the Tax- Exempt Bonds and BABs for one or more Bond - Financed Facility; 15.5.4 Documentation showing the use of the Bond - Financed Facilities; 15.5.5 Documentation showing the sources of payment and security for the Tax- Exempt Bonds and BABs; 15.5.6 Documentation related to the investment of proceeds of the Tax - Exempt Bonds and BABs, including the purchase and sale of securities, investment income received, yield calculations, and rebate calculations; 15.5.7 All returns filed with the IRS for the Tax - Exempt Bonds (including, as applicable, IRS Forms 8038 -G Information Return for Tax- Exempt Governmental Obligations, 8038 -T Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate, and 8038 -R Request for Recovery of Overpayments under Arbitrage Rebate Provisions) and for BABs (including IRS Forms 8038 -B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds); and 15.5.8 Any other documentation that is material to the exclusion of interest on the Tax - Exempt Bonds from gross income for federal income tax purposes or entitlement to federal tax credit payments for the BABs. - 4- 15.5.9 Form 8038 -CP: Return for Credit Payments to Issuers of Qualified Bonds, the following; 1. Set up tickler or calendar notification system to insure timely filing; 2. File Form 8038 -CP within 45 -day filing window; and 3. Maintain sufficient records to show that those returns are correct. 15.5.10 Except as otherwise set forth in the Bond Documents, the City will retain the records described above in hard and/or electronic copy format for so long as the applicable Tax - Exempt Bonds and BABs remain outstanding and for a period of three years after final redemption of the applicable Tax - Exempt Bonds and BABs. With respect to Tax - Exempt Bonds that are refunding bonds, the City will retain the above- described records for the refunding and refunded bonds (and any earlier issue in the case of a series of refundings). The Director of Financial Services or designee is responsible for retaining the records relating to the City's Tax- Exempt Bonds and BABs. 15.6 Arbitrage 15.6.1 The City will follow a policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 454 15.6.2 The City will follow a Policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 134 15.6.3 Arbitrage Calculations and Rebate On fixed -yield issues, the calculation of rebate must be performed no later than each five- year anniversary date of the issuance of the bonds and at final maturity. The City currently outsources those calculations on an annual basis. Where bond interest earnings exceed the arbitrage yield, the City rebates those excess earnings to the Internal Revenue Service. The City keeps detailed records of investments and construction expenditures to provide to the consultant to make the arbitrage calculation. The City plans projects carefully in order to determine the applicability of rebate exceptions. 15 15.6.4 Exceptions to Rebate Calculations —465— Six -month Exception -- Where 95% of the proceeds will be spent within six months and the other 5% will be spent within twelve months. Eighteen -month Exception — Available for any type of capital proceeds and includes the following spending schedule: 15% in six months, 60% in twelve months, and 100% in eighteen months (with a de minimus holdback). An issue does not fail to satisfy the spending requirement for the third spending period as a result of a reasonable retainage if the reasonable retainage is allocated to expenditures within 30 months of the issue date. Twenty -four month Exception — Only available to a construction issue having the following expenditure goals: 10% in six months, 45% in twelve months, 75% in eighteen months, and 100% in twenty -four months (with a de minimus hold back). An issue does not fail to satisfy the spending requirement for the fourth spending period as a result of unspent amounts for reasonable retainage if the reasonable retainage is allocated to expenditures within 3 years of the issue date. 15.7 Remedial Action If the City in complying with the terms and provisions the policies or guidelines set forth herein or determines that the requirements of these policies and guidelines or the tax covenants or representations in the Bond Documents may have been violated, the City will make final determinations, if necessary with the assistance of its Bond and Tax counsel and Financial Advisors. and take appropriate actions related to such noncompliance including, if appropriate, any remedial action described under applicable Treasury Regulations or through the Tax Exempt Bonds Voluntary Closing Agreement Program. 15.8 Coordination With Bond Documents In the event of any conflict between these Procedures and Guidelines and the Bond Documents, the Bond Documents shall govern. Section 16 CAPITAL IMPROVEMENT PROGRAM 16.1 In order to ensure sufficient cash flow is available to meet capital improvement project cash requirements, an annual debt issuance schedule is required. The Capital Improvement Planning Guide (the "Guide ") will provide the basis for the annual debt issuance schedule. It is imperative that the City's contemplated capital improvement programs and all prospective letting of construction contracts comply with this Policy. 16.2 The underlying asset that is being financed must be of a non - recurring nature and must sheed have as long a useful life as the maturity schedule of the debt issued for the -Ri 6— financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that the benefits, tangible and/or intangible derived from financing exceed the related financing costs. 16.3 Capital improvements projects that qualify for debt - service financing are defined as costs to acquire a new capital asset or improvements to an existing asset that increase capacity, improve functionality or extend the useful life of the asset beyond its original useful life. 16.4 On -going Capital Needs "Pay as ": 16.4.1 Capital projects are generally defined as costs to construct an asset or system improvement that exceed $5,000 and have a useful life of at least the term of financing but no less than one year. 16.4.2 The City Council's goals and policies focus on infrastructure improvements. The City strives to maintain capital assets and infrastructure at a sufficient level to protect the City's investment to minimize replacement and maintenance costs, and to maintain service levels. 16.4.3 An annual review of the (1) need for capital improvements and equipment, (2) current status of the City's infrastructure, (3) replacement and renovation needs, and (4) potential new projects, is implemented during the capital budget process. All projects, ongoing and proposed, are prioritized by City staff which includes a representative from Financial Services, the Office of Management and Budget, Engineering Services, and each department which has or may have capital improvement project requests. For every capital project, all operating and maintenance costs /estimated incremental revenues would be included in the proposal, as well as a start date, requested total budget, the capital amount expected to be expended each year, and proposed sources of funding. City staff would then match eligible requests with available sources of funding. For those capital projects identified that will require ongoing maintenance costs once the projects are completed, no maintenance costs will be financed with revenue bonds. 16.4.4 Decisions are made on prioritization of proposed projects using the following criteria that must be documented in the Guide: o Public health and safety o Regulatory requirement (agreed orders both Federal and State), o Voter - approved bonds, o Completion of existing projects already approved by the City Council, o Operational/life cycle cost drivers; and o New projects recommended by the committee noted above. o Emcrgcncy requests. _a 7— 16.4.5 Capital improvements may be funded using current revenues (property tax, dedicated tax, enterprise user fees, etc.), grant funds, contributions (such as developer contributions) and the issuance of debt. City staff will make every effort to utilize the Pay -As- You -Go method of funding capital_ improvements. 16.4.6 Upon completion of the Guide, City staff will present it to the Planning Commission as per City Charter, Article V. Planning, Section 4: The Comprehensive Plan, and then to the City Council for approval by ordinance. Once approved, the list of projects and a total dollar amount of capital improvement projects would then be identified, and any additions to the Guide for that particular year would warrant a change to the ordinance to either identify additional funding for a particular project or to identify the reduction of one ro'ect in order to fund the additional ro'ect or char a order to an existin ro' ect. anot er „+_in_ the Guide LLLAV LLaVl fJl� Section 17 PUBLIC INPUT ON CAPITAL IMPROVEMENT NEEDS 17.1 Citizen Input- 17.1.1 Citizen Input Form -- In order to obtain input from the citizens on projects to be included in a bond election, a "Citizen Input Form" is made available on the City's website at http: / /www.cctexas.com. The form provides a place for citizens to list in priority the projects they feel should be considered in the next bond election. It also provides a place for the reasoning in choosing those particular projects. The results of the citizen input forms would then be compiled and presented to the City Council so that a slate of projects could be prepared for the bond election. 17.1.2 Town Hall Meetings — City Council members also hold Town Hall meetings in their respective districts to obtain input from citizens on the projects they would like considered for a bond election. All the suggestions from the Town Hall meetings would then be compiled and presented to the City Council for discussion to be included on the slate of projects for the bond election. 17.2 Citizen Advisory Committee — At the discretion of the City Council, a Citizen Advisory Committee may be formed to initiate the development of a multi -year fmancing and management tool that identifies public facility and equipment requirements, places these requirements in order of priority, and schedules them for funding and implementation. Section 18 DEFINITIONS 18.1 Definitions: a. Amortization Risk — The cost to the issuer of servicing debt or honoring swap payments due to mismatch between bonds and the notional amount of the swap outstanding. b. Arbitrage — The investment of proceeds from tax- exempt debt in taxable securities to benefit from the differential in yields. c. Basis Risk — The mismatch between actual variable rate debt service and variable rate indices used to determine swap payments. d. Bond Covenant — An agreement that the issuer is obligated to perform by virtue of issuing Its bonds. e. Call Dates — The date, prior to maturity, on which a callable bond may be redeemed. f. Call Premium — The price, as established in the bond covenant, at which bonds will be redeemed. g. Call Provisions — A clause in a bond contract granting the issuer the right to buy back all or part of an issue prior to the maturity date. h. Capital Lease — A contract for the purchase of capital equipment through installment payments. i. Commercial Paper — Short-term, unsecured promissory notes usually backed by a line of credit with a bank. Maturities do not exceed 270 days. j. Competitive Sales — A sale whereby the issuer determines the bond structure and solicits bids. The bonds are then awarded to the underwriting fine that submits the lowest interest costs for the debt. k. Continuing Disclosure — The principal that accurate and complete information material to the transaction, which potential investors would be likely to consider material in making investment decisions with respect to the securities, be made available on an ongoing basis. 1. Counterparty Risk — The risk that the other party to an agreement will default. m. Counterparties — The parties to an interest rate swap. n. Credit Risk -- The risk that an issuer of debt securities or a borrower may default on its obligations, or that the payment may not be made on a negotiable instrument (i.e., the occurrence of an event modifying the credit rating of the issuer or its counterparty). —�6 9— o. De minimis amount — Any failure to satisfy the final spending requirement of the 18- month exception or the 24 -month exception is disregarded if the issuer exercises due diligence to complete the project financed and the amount of the failure does not exceed the lesser of 3 percent of the issue price of the issue or $250,000. p. Defeasance — The setting aside by a borrower of cash or bonds sufficient to service the borrower's debt. These are refunded bonds for which the payment of principal and interest has been assured through the structuring of a portfolio of government securities, the principal and interest on which will be sufficient to pay debt service on the refunded, outstanding bonds. When a bond issue is defeased, the claim on the revenues of the issuer is usually eliminated. Both the borrower's debt and the offsetting cash or bonds are removed from the balance sheet. q. Derivative Security — A financial security, such as an option or future, whose value is derived in part from the value and characteristics of another security, the underlying asset. r. General Obligation —Bonds backed by the annual levy of an ad valorem tax as necessary, within the limits prescribed by law (if any), to pay off the bonds. s. Hedge — A transaction that reduces the risk of an investment. t. Interest Rate Management Agreement — An agreement entered into in connection with the issuance of debt by an issuer or in connection with debt already outstanding, with a counterparty to provide for an exchange of payments based upon fixed and/or variable interest rates. u. Interest Rate Risk — The chance that a security's value will change due to a change in interest rates. For example, a bond's price drops as interest rates rise. v. Interest Rate Swap Agreement — A binding agreement between counterparties to exchange periodic interest payments on some predetermined dollar principal, which is called the notional principal amount. For example, one party will pay fixed and receive variable. w. Issuance Costs -- The expenses associated with the sale of new securities, including such items as underwriter's spread, printing, legal fees and rating costs. x. Liquidity Risk — The risk that arises from the difficulty of selling an asset in a timely manner. y. Negotiated Sales — A sale whereby the issuer selects an underwriter in advance so that the underwriter can assist with determining the appropriate structure of the bonds. z. Notional Principal Amount — In an interest rate swap, the predetermined dollar principal on which the exchanged interest payments are based aa. Private Placement — A sale whereby the issuer sells the bonds directly to an institutional investor. bb. Reasonable Retainage — An amount, not to exceed five percent of available construction proceeds, that is retained for reasonable business purposes relating to the property financed with the proceeds of the issue. For example, a reasonable retainage may include a retention to ensure or promote compliance with a construction contract in circumstances in which the retained amount is not yet payable, or in which the issuer reasonably determines that a dispute exists regarding completion or payment. cc. Refunding Bonds -- A bond issued to retire a bond already outstanding that may be sold for cash and outstanding bonds redeemed with cash or exchanged with holders of outstanding bonds. dd. Rollover Risk -- The risk that results when a swap contract does not have the same terms with the unrelated bonds (ie. the mismatch of the maturity of a swap and the maturity of the underlying bonds). ee. Syndicate — A group of banks that acts jointly, on a temporary basis, to loan money in a bank credit (syndicated credit) or to underwrite a new issue of bonds. ff. Tax Anticipation Notes — Short-term notes issued in anticipation of collections of taxes or as otherwise provided by State law. gg. Tax Event Risk — The risk that the spread between taxable and tax- exempt rates will change as a result of the changes in income tax laws or other conditions. hh. Termination Risk -- The need to terminate a transaction in a market that dictates a termination payment by the issuer. ii. Variable Rate Debt — Bonds with interest rates that fluctuate based upon an index or pricing procedure. These bonds often offer lower interest rates and have short maturities. hh. Yield Burning — A municipal bond financing method. Underwriters in advance refundings add large markups on U.S. Treasury bonds bought and held in escrow to compensate investors while waiting for repayment of old bonds after issuance of the new bonds. Since bond prices and yields move in opposite directions, when the bonds are marked up, they "burn down" the yield, which may violate federal tax rules and diminishes tax revenues. 27 AGENDA MEMORANDUM City Council Action Date: December 14, 2010 SUBJECT: Flour Bluff Drive Phases 1 & 2 (BOND ISSUE 2008) Project No. 6498 & 64991 CIP No. ST 42 & 43 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas Anderson, Ltd. of Corpus Christi, Texas, in the amount of $6,139,638.55 for Flour Bluff Drive, Phase 1 from SPID to Graham, Flour Bluff Drive, Phase 2 from Graham to Don Patricio and Flour Bluff Drive Outfall for Base Bid and Additive Alternates No. 2 and 5. (BOND ISSUE 2008) B. Motion authorizing City Manager, or his designee, to execute Bid Alternate #7 with Haas - Anderson, Ltd. of Corpus Christi, Texas, in the amount of $100,000 for Flour Bluff Drive Phase 1 from SPID to Graham, Flour Bluff Drive Phase 2 from Graham to Don Patricio and Flour Bluff Drive Outfall, subject to the execution of an agreement with Wal Mart. C. Motion authorizing the City Manager or his designee to negotiate and execute an agreement with Wal Mart for the City to phase construction under Bid Alternate #7 (to complete Phase 1 within 300 days from the Notice to Proceed). D. Motion authorizing the City Manager, or his designee, to execute a professional engineering materials inspection and testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $77,452.00 for Flour Bluff Drive Phase 1 from SPID to Graham, Flour Bluff Phase 2 from Graham to Don Patricio and Flour Bluff Drive Outfall for Base Bid and Additive Alternates No. 2 and 5. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. The contract has bid and Council approval is required for the construction to commence. FUNDING: Funding is available from the Streets, Storm Water, Water and Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 826 -3781 pete a n(a�cctexas. com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Agenda Background Information Prior Project Actions Bid Tabulation Project Budget Consultant's Letter of Recommendation Location Map —475— H:IHOME\LYNDAS\GENIStreets12008 Bond Issue16498 6499 - Flour BlufilAgenda Merno.doc AGENDA BACKGROUND INFORMATION SUBJECT: Flour Bluff Drive Phases 1 & 2 (BOND ISSUE 2008) Project No. 6498 & 64991 CIP No. ST 42 & 43 PROJECT DESCRIPTION: This project includes the reconstruction of Flour Bluff Drive from SPID to Don Patricio. The Flour Bluff Drive Storm Water Outfall improvements are included in the project. The improvements will widen the street from its existing two lane configuration to a four lane street with a continuous left turn Zane. Other improvements include: curb and gutter, sidewalks, underground storm sewer, water, wastewater and new street lighting. Construction includes HMAC (Hot Mix Asphaltic Concrete) construction and associated striping; curb and gutter; 70,477 -sf of concrete sidewalks; concrete driveways; curb ramps; traffic control; miscellaneous demolition; concrete curb Inlets; 2,167 -If of concrete box culverts, RCP (Reinforced Concrete Pipe) storm water mains, water mains, and manholes. Wastewater and water improvements are included in the project. BID INFORMATION: On Wednesday, October 20, 2010, the City received proposals from four bidders (see Exhibit "C" Bid Tabulation). The project was bid as a base bid and an alternate base bid. Seven additive alternates were included in the bid. The base bid provided for a single award of Phase 1 (SPID to Graham) and Phase 2 (Graham to Don Patricio). The alternate base bid provided for Street Improvements for Phase 1 only (Graham to Don Patricio). The additive alternates for the base bid were: • Alternate No. 1 for Jointed Concrete Pavement (Phases 1 & 2); • Alternate No. 2 for Turn Lanes at Purdue and Glen Oak (Traffic Congestion Management — Bond 2004); • Alternate No. 3 for Overlay and Street Rehabilitation (Yorktown to Don Patricio); • Alternate No. 4 for High Density Polyethylene (HDPE) Pipe; and • Alternate No. 5 for Electrical Conduit for Fiber Optic Cable. • Alternate No. 6 for Jointed Concrete Pavement (Phases 1 only); and • Alternate No. 7 for Additional Cost to Complete Phase 1 prior to starting Phase 2. The alternate bid items were included with the following factors being considered when developing the recommendation for award: • Alternate No. 1 for Jointed Concrete Pavement is not recommended as it will require an additional 100 days to complete causing work to occur during the holiday shopping season. • Alternate No. 2 for turn lanes at Purdue and Glen Oak is outside the project area, but is included as part of the 2004 Bond Traffic Congestion program. The work is deemed necessary due to the traffic congestion and bus traffic at these intersections. • Alternate No. 3 for Overlay and Street Rehabilitation is not recommended for award at this time as it is necessary to ensure the remaining Bond 2008 projects are adequate to H:I HOMEYKEVINSIGEN\ STREETS16496 &6499FIourBSufDrivePhl &2 Agenda Back round (Recovered).doc —476— EXHIBIT "A" Page 1 of 3 complete the voter approved projects. • Alternate No. 4 for HDPE Pipe in lieu of RCP is not recommended due its higher price. • Alternate No. 5 provides for electrical conduit for fiber optic cable which is necessary for signal synchronization. • Alternate No. 6 is not recommended for award as it would upgrade the HMAC pavement to concrete only in Phase 1 and extend construction into the holiday shopping season. • Alternate No. 7 stage construction so the contractor must complete Phase 1 prior to starting work on Phase 2. Walmart approached the City to request this item as it will ensure the work on Phase 1 will be complete within 300 days of notice to proceed. This work will not be done if Walmart does not agree to fund the cost of this alternate. The authorization of this item will require execution of an agreement with Walmart and appropriation of funds. The base bids ranged from $5,901,045.20 to $9,152,674.50. The detail of the bids and alternates are provided on the attached bid tabulation. See Exhibit C. The bid submitted by Triple B Services of Huffman, Texas was deemed irregular in that the bid bond did not accurately state the name of the project and did not list the project numbers. The estimated cost of construction was $7,144,262. BID RECOMMENDATION: The consultant, Urban Engineering Inc. has reviewed the information submitted by the low bidder, Haas Anderson Construction, Ltd. (see Exhibit "E" Consultant's Letter of Recommendation). Urban Engineering has verified the experience references provided by the contractor, which indicated that the contractor has the ability to perform the paving and utility work required to complete the project in a satisfactory manner. Therefore, City staff and the consultant recommend the contract be awarded to Haas Anderson Construction of Corpus Christi, Texas, in the amount of $6,139,638.55 for the Base Bid, Alternate No. 2 and Alternate No. 5. CONTRACT TERMS: The project is estimated to require 555 calendar days, with completion anticipated on or before July 2012. ENGINEERING MATERIALS INSPECTION AND TESTING CONTRACT: Rock Engineering and Testing Laboratory of Corpus Christi, Texas, performed the geotechnical investigation for the project and provided recommendations concerning the pavement design. They are deemed to be most knowledgeable concerning the project and the testing requirements. Firms that prepare the geotechnical report for projects are traditionally selected to perform materials inspection and testing services. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond issue) in Street, Public Health and FI AHOMESKEVINSSGENISTREETSS649886499FlourBluffDrivePhl &2L4gende B_ckorI(Recovered).doc EXHIBIT "A" Page 2 of 3 Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H: SHOMEtKEVINS1GEN4STREETS46498 &6499AourBlufiDrivePhl &2Wganda Background (Recovered).doc -478— EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Flour Bluff Drive Phases 1 & 2 (BOND ISSUE 2008) Project No. 6498 & 64991 CIP No. ST 42 & 4 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on .November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. April 28, 2009 - Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $1,256,500 for design, bid and construction phase services for Flour Bluff Drive. (Bond Issue 2008): • Flour Bluff Drive, Phase 1 from South Padre Island Drive to Graham Road; and • Flour Bluff Drive, Phase 2 from Graham Road to Don Patricio (BOND ISSUE 2008) (Motion No. 2009 -117) 4. August 18, 2009 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $82,500 for a total restated fee of $1,339,000 for design of the revised offsite drainage improvements for Flour Bluff Drive, Phase 1 from South Padre Island Drive to Graham Road. (Bond Issue 2008) (Motion No. 2009- 230) 5, December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - Iocal). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal and 120 non - local). —479 - H: SHOMEIKEVIN55 GEN5 5TREET55649e &6499FIourBluffDrivoPh25Prior Project Actions- Bond.doe EXHIBIT "B" Page 1 of 2 4. June 25, 2009 — Administrative approval of an Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of $16,100 for Flour Bluff Drive Phases 1 and 2 (SPID to Graham). 5. June 10, 2010 - Administrative approval of Amendment No. 1 to the Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of $900 for a restated not to exceed fee of $17,000 for Flour Bluff Drive Phases 1 and 2 (SPID to Graham). 6. September 15, 2010 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $44,500 for a total restated fee of $1,383,500 for design of the revised offsite drainage improvements for Flour Bluff Drive, Phase 1 from South Padre Island Drive to Graham Road. (Bond Issue 2008) EXHIBIT "B" Page 2of2 1-1: IHOMESKEUIN$ SGENSSTREETS1649886499FIourBIViDrivePh2Trior Project Actions- Hond.doc TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS $7,034,508.00 ENGINEERS ESTIMATE: Q 6 G d o a o a o 6 'r c*i co c4 Tr O o 6 cD cfl cc; Q 00o O CD0InoCnr� rr�vCD'V In CO 03 M c ti o co o c'? C? cD 0 a) 0 ti co n t-- r CD W C7 C? M co r LC) CV aD r: 64 6i4 64 64 N CS CC) d' M Co r r o r r o Ca] h- 64 6} N CO Tr to 69 r N N 64 r c'r) 6% LC) LO N r� a CI 664 `!a f4 V% ff' 66% 64 tFr 64 6`i * a4 64 0. 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 M 0 0 0 0 D o ti VD ID O O C CD O cD 0 o 0 0 LO N O N 0 O O co if) O O) T C Ti M 6 ci 6 Ln LO D N N n C1 oO r r CO r U 0 CO C? Z ❑ ' O 0000000000000000000 0 o o oao000000tn00000a000 0 0 o 0 0 0 0 if; x 0 0 0 0 CD N N cc; Tr 6 O cD 6 Tr N CO N N 0 0 o r 0 0 0 o u7 Q) M to O cD 0 c*) O co CD Co co to O 'sh ) O CO N h.- .. >~ ti N o CO r O CO ti LC co T r o 0 06 C O r 64 _ 69 r Co O r: C) o0 6) r- 01- Ln Ili 64 h- co NI- ti C7 64 N r 64 64 I• C? C) 69 T r r 69% N d' N e- en 69 64 64 T 6% , T 64 64 V% N4 63 d} 0 0 0 0 o 0 o 0 0 0 0 0 0 0 o 0 0 0 o 0 o o 0 CD Ln o o O CD 0 CD cil 0- N N 0 0 0 O d 0 0 cc) 0 0 LC) � roricrD TT L) Tr D o o r 0 00000 T F 0 Z 6L. T r r CL 000t000a0ou?00000o0ao 0 o 0 0 O o o N 0 0 0 0 0 N 0 0 Al: co CO Ill 0 CD CO N N 0 o ui 0 O CD 6 O u? cri to m Tr N 6 T Lai to (D co o N N N CO CO CO CO r� O TA- CD o r, O O O T L0 O CO CO CO co N ti r o N N LC) Co Co LO Co N I` N N T N co LC) CO Co N O cD 64 O Co 64 64 64 ti G u i (6 O Co LC) 64 N 64 N N co ti T 6 64 'Ct L() Nr 64 T 69 N LD 0 r to {f} r64 co T 64 V% cn 6N to err W n 11 Z D M 0 ■ m N C7 Tr to co ti Co co o r N M V' to co h co Co N N ¢ ¢ ¢ ¢ ¢ ¢ Q ¢ ¢ ¢ ¢ ¢ 4 ¢ ¢ ¢ Q ¢ Q N Q Ul a m 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 o o 0 0 O O�0 Triple B Services 820 Old Atascocita rd. Huffman, TX 77336 281/324-3264 AMOUNT O O o 0 0 0 LO 0 0 0 0 0 a 0 0 0 O et 0 O M C D o r o In u) NI. 0 0 CD of O C*) h 0 O 00 0d LC) r r r Ln O 0 C7 ) 4 CV c) c1 O LO N O N co i- 00 T et CO 1• e-- 00 co N O e1: O N r- CO M N op M O) r M et r CV M C I .1 V3 6% 0 CV CV CV 4R N #3 r N 6Ri Cri 0) 4A 64 64 64 63 64 64 64 44 64 a 0 a 0 O a 0 0 0 0 0 0 city 0 0 0 0 0 0 0 0 0 CD 0 0 O Ln o 0 in 0 o0 CG O a h p p 4j r- co f0 co O r- ti O O LC) N O O- CA Nt CD Oo M 'r O N ti Q I,- N O N H3 "0. r CO 00 C0 cr Ln N C+7 N 6.1 64 r 64E4 r r 64 CO 64 b4 64 64 g LLI V Z W D 0_ 0 0 O u7 Lc7 O LO Ln 0 0 0 0 0 0 0 Ln LO 1- O O M M er C'? M +.i) LC) a0 O 0 c+) M L0 03 in '° 4 O ci o O O et •a' r- o a Ti O G r O CO a 0 0 O O O O O CD CD 0 0 O O O O 0 O O O O CD O O O Q 03 O O !n O 6 CV C)i Oo o) o p O d' et et CO c7 CD CD CO, r Cr) �N^- O O r Lin Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 361/299-3721 AMOUNT 0 0 0 NI-040000000000 a 0 0 o o Ln o sr CO o o 0 0 o o 0o ao 0 CO r 6 O C+i N co r et O) N O O 6 N CC) N 1- o Tr 0 0 CD et ti CO tC) .�t CO et O co M M 03 0 of Ca N LO M LC) 0 CD 0 u) C] 0 as 0) N N O) H r Ni. 54 #3 M V) co- C+7 r 4F3 64 r- CA 0 6% 64 64 64 4f! 64 64 64 T 64 63 63 4{} 0000000000010 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 O 6 6 6 N 4 ci N O LCi O N O N 0 0 01 N Tr O N N N O 0 M 11 et 0 *` et cc) O et t` r- O N 64 CD ti r Ln O N Lri 4i9 pi 6044 in 64 Cf3 Ln N 01 N r M 64 64 r 40. 64 r 64 64 44 F- r 1 d 0 O C7 M M N- 0 0 0 0 0 0 0 0 0 O O LC7 O o M CO c7 It of CD 0 0 0 0 CD O et OD Ili C3 CV Ca C;] 6 C? a t` Ca Q O C 03 C•) r r C*) T r 00 O 4 0 0 CO a O 0 4 0 0 0 0 O 0 0 O. O O O O c O O o o O O 0 O LO O O et 4'�i O Ti 6 Ili O 1+07 Col l`07 M a CD L0 C7 r M r N O ca Haas- Anderson Constr., Ltd. P. O. Box 7692 Corpus Christi, TX 78467 361/853-2535 AMOUNT 0 0 O O O O u) O u) 03 0 0 0 (0 O O O N O CV CO O O 0 Nt. 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Y 0 ccaa 0 m co co co co ro co ca ca CO 'm 'Ca E o E o m = a a a a 0_ a 0_ 0..0- a C rY � F- 'o a [1 ; N 0 E as � a,_ 0 m En 0 CD -0 -§ c wia c o , N iN co E E C f c G) @ G) (0 CnO to a) E Y aD'' ¢ 1 ° 13 C1a�>o Q c E y lv 0" m 0 :: U E 4°3, E in v a v m ac) 4• m e—.rot (2 a) Q7 a 0 C LL U a 0 la - o t Ca ±' c n tnn Up O I- F— CO U in u) Q Q Q a Tr in CO C- co co O r N 01 et u) Co h Co 6) 0 N N N N N N C`] M C'7 Cr? c3 M M M M M er a a a a a a a a a a a a a a a a ¢ �$9 r N co V N 0 1', CO 0) C0 r N M er 'T er of of 't er e" I' to Ln u7 iC) a a¢ a a a¢¢ Q a a a a 0 M 0 N co ea 1-' z 0 00 0 0 0 °o 0 0 0 0 0 • us r� 0'r r 6 63 $3,347,504.55 O 0000000 0 0 0 000070 0 O O O 0 0 0. oaoo0 0oo 0 0° OOOCsa 0 0 0 0 a o 0 66uiTo66 0 Iii o oo00oa o 0 0 0 0 p 0 0) M f+ r N (D r m 1` 4 CO u) O O O O 4 O (7 O O OD u) N (h CD Nr. OR M V` Tr CO N et U7 N V N (O O a0 op CO cD er u) 1.. 1,7 C0 0 r` o aid pi M) r7 u) r (0 e1:- 05 oo N r63T^ 0) M11)C0m 0) co N 00 (0 r64s^ 64 r 64 r 64 63 r 10- 646% 046% a4 64 64 T 64 0164 E3 64 64 64 64 F- u.I Z O 0 O O O OOD O 0 O I0 CI O 00a000000000000 0 0 o a 0 a 0 O 0000000 O a 0 00000? O O Q O 0 Q 0 N) N- N- 70 O O O O 00 0O TrCD0)10 1uco1 0 O 0 O •- r r N CI N 1 10 N r- 00 0) I0 OD er N er (7 r N N C*) C) C'] .;J: N 0) co N (0 10 z 0 2 0 0 00 0 00 0 0 0 O O 0 LO 664 63 64 $2,664,771.26 0000000000000000 0 0 0 0 0 O 0 O 000000000000000 0 0 0 O 0 0 0 pehui6Ti051 0 0 a C 00000 0 O O 0 O Q CD ehN1�u)r+N7- 0 N 10 0 00000 0 0 O O o O 0 0etepl-- CO, �erCO CO N 1. 00 u7 a N0 (0 0 0 0 O O 0 u7 co eF m r h co- 0 tp 0 m m N N u) pi 0) O 1- 'd' r+ Ni T- 01 64 01 6 Tr 61 CO CO N .- N OO r 64 01 64 N r N 10- r 63 693 64 64 69 4693 64 64 - 64 17.1 69 64 64 64 64 (3 64 64 0 o 0 00 0 00 o 00 O a d O O Q 0 CO ° o 0 O 00_ 0 0 CO- el u) r') � (0 r` cri t� r, r� W zU—�. 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Box 7692 CO co N u7 xV/ LII y C) 1E 22 40 0) a Lo U 1- z 0 00 0 00 6 $2,461,240.05 t W Z 0 F z o y ❑ O O CO a 00 05 > U- " ▪ N (0 1 2 Z in 2 - O O • a V L u_ CL 1- z DESCRIPTION 0000000000000000 0 O 0 0 0 0 0 0000000000000000 0 0 0 0 0 0 a (n er ui ei (o ad o 6 ui 0 ui (D o 47 6 10 c o 0 0 0 0 0 6 Tr co 00 N O O 0D 0 00 t - 0 ° r N ul er 00 er 07 117 10 • 00 (O O 117 r . r er It) 1 N r- 10 10 10 u) N T` N 1 V• a0 10 et CA 00 ci O) O r cc O a0 l(i 00 r'i r d r (0 () CY) GD N rb4N(Dl*)LI(0r< N C7 to be- b4 r E3 r (3 6R E3 63696464 -614 60 ▪ 63 X64 64 (3 63 64 C C7 O• O Q °O ood) o NI- U N 17 C 10 r d en (0>- a m t1 LL u. u_ LL LL u_ LL u_ LL U (1_ < <1 <Ji <] ¢ < ¢ ¢ n Q un = J J J .J J J J J -1 J -1 J IJj W W r u W OC CL Y r O O. y d' CD 10i�NN10CD r IC) 10 CO ID C')rr N nr N Kr r N H 00 LCD ehr`Nr`00 r N CO CAN r N Q ZU)r`7OlaCO1�CDCO N ti 0 CO w N , w N W 9 'E m 0 '� a) If If • Q 0. L °: a ns IT IT w 0• 00)0 mm CZ in m to CB E °• °mm F to m m = E E E E E o E 4) 0 a • c • v v c C e E u) co u) u) N (p U :% 2 0 y 2 0 0 F 0 y m 01 CO y y CO y 0 0 • 0 Q •p 0 L O y ''' N U Q1 O c NmcroLynmmm (enn000003'in�2EmLod�gED.2C;Ni2 c 53 0UUUUUUU (y m inUID -a ai 00.0 0.0 0.c ao 0o as a C '• a m CL CL CL CL CL CL CL CL U (a) 2 2 "a `m (Ln E U H U N U IT U l- U 1�' _11-0P iii 0 co F'00000000 m m'tnv c c c'.1 mJ 03 N...1 a) T-1 Dip Q)J Ca us a�CCcc Crcc [Ycc a CL d CL a C m 4n c� 0 0 o� 0u) o Der o N • p Lc19DmO0IA0 ¢�' it �cJ)()0XCXC7XcxCXC7xCxC C] O ' RC)(10d'O(0 (V 000 X X X xw Oif} ta1�j W� 2 W� 2 27 F3 N 2 cc cn C]rrNMP7erTrCO 7cr 47 11 TO) iArrer;it :E412412iD2io2Eo 2f�2 CO r N M e" H 9 t` co (D O Y N Ch '7 Il) (D h CO 0 N N N N W m CO CO m CO CO CO CO m m CD m m CCI 0 CD m CO C!) m CO CO CO CO °0 0 (D O 0°0 o o°ooao 0 0 0 00000 o a a 0 O O a O o a 0 0 0 0 o O o 0 0 0 x 0 a o 0 O a a 0 6 ric6 rini00o ui 6 (aoOui0 ui a 0 o 0 6 o er CD (D (D F- 00 r M CD N 0 O 11) e- N (0 - er CO CO N. 1n r r r N C'7 Cr) CO CO 0 M o N CO CO N N N C7 .- Ci 01 0) 10 LO CO Q Q Q Triple B Services 820 Old Atascocita rd. Huffman, TX 77336 281/324-3264 AMOUNT II 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to 0 0 0 0 0 0 0 u) 0 0 0_ O O a 0 0 0 O d O o O N cd 0 0 CD 0 O 0 O N O 0 0 0 0 0000000 0 ON-0 0 0.-0 0 0 O..- 0 00 0 C T: 0 N CO CO CO N 0 0 d' 0) 0 0 N 'r 0 0 tD O) 0 r a Ln CO- x- Cp 07 r N C u) (A Y' 0 Ni F- 09 r N N C0 0 LCi u) 6g E9. r- E9 69 6F} 69 r 69 64 N N - 64 64 C) 0) (A a- 69 r ER (D 64 LC) 64 69 64 N NR 69 64 69 y} -7C r� ci= 2,1 .I1•4 CO h ill 414 er� C d a 0 W r— Z �i re CL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000000 0 00(O 0000 0 0 000 00 o O o 0 o O d d o o G N d d a0 N 4 O d ci N O ri d 0 0 000(0000 0 0L., 0 c- 0 0 0 0) co r 0 cu c co 1f7 co CO CO CD N to 0 O N O 0 r 0 1n 0 Y r r r N C 0 0 N ti u] n r L Bay, Ltd. P. 0. Box 9908 Corpus Christi, TX 78469 361/299-3721 AMOUNT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. d o 0 o d d Q C7 O (p (M O O Ni d C7 O O ui O O O 0 0 0 0 0 0 0 0 0 0 O 00030 0 0 00).0 0 0 LO O u) 0 co O N N m O un In 0 to . 0 00 O 0 0 b' O) 0 m 0 00 0 0 0 r ui 0 00 v (r) co 0 O ( Co .- 0 m 0'J 69 669 E/} 6R} 64 69 6Fi EA. - 61} 69 69 69 0 CO r y} if# N 64 E9 64 $2,126,353.00 F Lt! Z y n a. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o 0 0 o 0 0 0 0 0 0 0 d o o Coo d d d o- cri o �i c6 o d d a ai d cts d 0 0 o o o o o o o o 0 • 0 r 0 0 O 0 r 0 Lo 0 u) o o N co N 0 0 0 0 v_ o r o Q) 0 N r N) C") M N u) CD M 0 co M r r r CV Haas - Anderson Constr., Ltd. P. 0. Box 7692 Corpus Christi, TX 78467 361/853-2535 AMOUNT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 00(0 000)0 0 o 0100 Q0 ui c ddduiuiui6 o arcd oduio 0 0 0CNi6 6 M CD Lo. CD 00 Nt N r ti 0 0 N 0 N 00 C9 0 r 0 0 0 I� O M r 00 I- 0) (t? N u) 0 (D 0) CD C) N 0 N O 0) CO c u) 4 u) 0 Co 07 N N N CD I- N .4 CD u) co O) 0- co r of j N 69 en- 669 64 co co 69 69 61i 69 69 GSA 64 •- C9 64 64 i~-- 69 CV 69 6R rb'9 64 64 6F} C] a) O ,- G O N Ea LL] ti i].. 0 0 0 0 0 0 0 0 0 0 0 0 0 00100 0 0 a o o 0 0 0 o aOo0000 0 oLnCD Ou)CA0 0 0 0(n0 00 0 o 0 0 o ui ui ui o ui o d a d 06 'd ui d ui O ni 0i 4 o (�) u) L!7 rf Ct f- �- 1� 0 N r M r LO r r 0 [� O O) [� CA OD N u) 0 0 r (� N r in (0 r N r N N M N (D N (A . C") 4 r ~ ZW Q Q LL Q Q Q Q Q Q Q Q LL LL CO )->- O Q ‹C Y» i- LL >- cn ea W J W U W W W W W W J J � 0 Cn a W W 0 (0 J (/) P- — Cr Q r CO tt N r r Cl r '"' r co r r 0 CO N N N 0 ul o O r 0. ''- N CO r .- CO CO c'0, 0_ 00 00 r -- ( m N LLI BLUFF DRIVE PHASE 1 FROM SPII RI PHASE 2 FROM GRAHAM TO DC :10 eject No. 6498 & 6499) DESCRIPTION x._ :5x_ c Q to y -o as m CO v b) mG. 0. o C �. c --. -o - m J `- Q; H H 0 a va m C) m N c a, 0 n H m d m ° s s m `- c g0_ T L _ h ^u O 0 o U' U .c a) 0; 0o a in ° 0- . 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Huffman, TX 77336 281/324-3264 AMOUNT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 00000000 0 0Z) o o o 0 o o O 0 O 0 0 O o 0 0 0 0 o a o 0 0 0 W 0 0 0 0 0 0 0 o a o ,-, 0 0 16 0 0 O O O O O O 0 0 0 0 0 G 0 0 0 0 0 C'1 0 6. 0 0 0 0 6 6 6 0 q 010 v00000003N00000000000000000000N0000- io co r co to to 0 00 to N eF � N 1- N N co_ to Q O'- 0 r_ co_ N t- co co N CO C0) 1- N. 0 64 64 CV O 'Cfi N M w N 69 M O N 63 64 64 r CD r 64 CA r d r 69- N 64 69, M N M 64 NN 64 64 64 64 Q 0 N63 64 69 69 64 69 N 63 69 64 EF} } 64 i. C Q , C Y I c W 0 0 0000000000000000000000000000000000 00000000000000000000000s1:0000000000 a tfi cri m tri N o d O O cn 0 0 0 6 6 ci 6 6 0 0 a r r 6 0 6 6 6 0 6 4 6 6 O co r r N O 0 CO CO CO 0 0 CO 00 0 0 0 0 CD 0 0 lf) LC) 0 0 0 0 0 CNr3 0 0 0 CD ti r O_ 0 N N r CD V N. c*] M 0 u) C0 ' C0 O N r M o r w N r 0 r w r w r Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 361/299-3721 AMOUNT 0000000000000000000000000000000000 0000000000000999002000000 o 0 0 0 0 0 0 0 0 0 o tfi o o ui O C O d N a o D o o D o a d o 0 0 0 0 6 6 6 6 o6o6 0 0 0 n O o to o O t0 .,O 0 0 0 ic) 0 0 tc0 O 0 0 0 0 N O 0 o O o o 0 t0 0 0 0 0 co N- LO CO [n CD t0 co O N 00 0) 0 1- co_ co., o N 10 to CD 0) u0 CO CO. 0 0) 1- w 0) C0 C�J N I-- 69. L N: CO cD M t() C+7 6)' CIO 11f tfi 69 r r 6g 1` r 64 a' N� C7 c r 63. N r rS It; 1� 64 64 N 0) 69 0- 64 63 CO 0 6t} 64 64 614 64 0 64 V)" if# tF} 69- Ef} fR 64 64 69 64 64 W f" 0. Z Li 0 0 0 0 0 0 0 0 00000000000000000C/00000000 0000000000000000000000000000000000 0 o ui r d 1: 0 0 0 0,- 0 0 0 o a o 0 o a o 0 0 0 0 0 0 0 0 0 0 0 o a co o co -' LD o 0 L0 0 ep 0 0 L0 0 0 u0 0 0 0 Q o 0 0 0 0 o o O 0 0 0 0 0 O N N CO. CO 0 N ti to st d' NI- CD CD 1` ID 0 LO CO_ NI CC] a) N r M CC CO N r r r N r N r r r s- w N Haas - Anderson Constr., Ltd. P. O. Box 7692 Corpus Christi, TX 78467 361/853-2535 AMOUNT 0000000000000000000000000 0 0 o o o o O O o 0 0 0 0 o O o 0 0 0 o D O 0 0 0 O 0 0 0 0 0 o Q a Q Q O Q 0 0 0 0 0 00 CO tfi O N O o t10 O In a0 0 0 0 O o O tfi 0 0 ifs 0 N 6 0 O 0 lri ci 6 tfi O iSi O co) N ti O 0 N o r- N CI) N 0 cr c0 N. CD to .A O 0 CO N O co CO N CO ti tf) ti N 0 ti 0) a CO. nr 0 In 0 NI to ti co N Tr CD N 0 0 CA c0 co O 0 0 00 ' in r co N~ 0 IC) co_ O r r ,r- N N 00 l!1 LL0 K) 6Fi u] O CO 69 N r 6R r O_ N 64 O CO N N: N 64 N M a r (0 ca- b% 69- 64 N N- 64 64 r 64 LC) CD N 64 63 64 69 r N N E4 63 69- 644 64 r 64 64 69 64 64 N64 64 64 64 00 64 64 64 JJJ I. 0 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000000000000000000000.00000000000 if 0o N 10 0 o c0 0 tfi O cn 4 Q 0 0 0 0 6 tfi tfi Iii tfi O O 0 O 0 tfi tti 0 tti tfi u'i tri 0,i 0 0 r r sr 0 r N 0) 'Cf N N CO ti Cr) to N N sr M N cO O co M ti n 1� N h cD c O r 10 0 0 >- N. 0 u) ;0 CC) 0) 0 0 C0 CO c0 r 00 M 0 r CID ti CO 12- - -6. N - N M r r N r C'0 c6 :f) r o 0 N FLOUR BLUFF DRIVE PHASE 1 FROM SPIN TO GRAHAM PHASE 2 FROM GRAHAM TO DON PATRICIO (City Project No. 6498 & 6499) c Q Q LL. LL tJ.. LL, < < < < LL < < < Q < < < < < < < w < < < < < < < < < Q Q of W W J J J _1 W W W W J W W W LW W W LL Lll W W W J W W W W W W W W W W W r } I— CJa 01 r 'sr t0 O N 10 0 t0 r r N cr N. w r d' C0 r N O r r 0 1� CD 'd' r r N r co N O CD co CD O N- r r r N 0 r .c r In O) r 00 0 N i u0 •,r O F dH>r)W= 0 w w ❑ N W N 2 c F > L Q) re JJ a) m a 0 w *CI o m U FW- 0 400 o 0 0� O' co 03 3 0 �U) Q CO 0- C)M m a §'0 L 0 o❑ a -o o 0 a) S?: 3 c C li ,C ❑ 3 .y = M 0 N N N cD.1 N. 7 U CD 0 0 0 CO a c C C to 0 7 00 y C y Q 7 W m m CA m❑ no D O N N N Q L_ 0 CO a) N-c a)-A J- LU 07 inaaiU va)Et i-- HH- U3V01--- �.oalloT Q °) o -D a 0 $2 •T . _ > RI -. R iD co ° cD co ,- m al > 5 -. - , ro� o 0 o m x C > co v- ❑ Il U' ❑❑ x x x x x x x U Nl m❑ x x U x c C G C= E4 ,C7o E m EaCpHO_ - - - - - - - - - ' - - 0 -0 0 - - - - O CV CV N CV CV CV N FV CV CV [V C�J CD fD CD io CD ID O N .0 N 07 0 iD cD R' 6. a Bo 5o Co 50 N H H h 0 r m r N C) I In CO N 00 0) 0 r N co, wr to CD N- 00 0) O r N 0 d' to tO N- m 67 0 N CO v N N N N N N N N N N P) M M C�) M (5 a U U U U 6 6 0 0 0 U U U 6 U U U U 0 0 I-) 0 0 0 0 0 0 0 c.) U 0 c.) U Q m Triple B Services 820 Old Atascocita rd. Huffman, TX 77336 281/324-3264 AMOUNT $9,240.00 $10,350.00 $2,250.00 $56,000.00 $40,000.00 $326,850.00 $6,537.00 0 CO M N N ea r b4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Lo 0 0 0 0 O o o N 0 0 0 N 0 0 t7 0 re) oo r N N r r 64 64 64 64 6 $281,908.00 $16,500.00 $15,400.00' 0 o CO 0 CO ' Ky o CO I C7 4 to 0 0 1=1 0 QO 0 1~ M 1• X00 LO 1, 0 0 CO co - Exhibit ji uj U � E CL 0 0 0 0 0 0 0 0000000 4 0 0 0 O L7 0 N co a 8 M 0 0 0 0 0 0 0 0 00000000 O o 0 0 Q o 0 0 U) o 0 1L) 0 N M r r 0 0 0 000 NI' ll) O r a r--- a 0 Lc)0 tr) o r 0 0 N Bay, Ltd. - P- O. Box 9908 Corpus Christi, TX 78469 361/299-3721 AMOUNT 00'989•Z£$ 00'968'01-$ oo.000`0i,$ 00.000'99$ 00' 00L' Z$ 00'54£'6$ 00'OOL'L$ 0 0 ti e60 +) r N r 00000000 0000000.0 0 0 0 lq o G r pi c o o o r 0 011 r 0 CO CO N- CO CO N CO fl) CV W ifi h 646o too tototo 0 0 • N f` C* 44 000 0 0 0 N o o 0 0 CO N 0 oo t7 co (Orr N N 64 64 64 o o nj r o O� N is CO N CO N O N N o0 to 0 00 4 O CD Cry r 00 LA rr 'c!' 6g 69 0 o N CO r N Nr N 64 F, U Z. n IX a. 0 0 0 0 0 0 0 00000o0 G f� O [7 o r [r] N N 0 o o ♦t O�7 0 0 0 0 0 0 0 0 oa000000 117 o o 1-: 0 0 r c'7 0 0 0 0 CO L''? N N 0 0 0 0000 M N o r 0 0y 0 0 a0 • ' 0 r 0 1n Lp Haas - Anderson Constr., Ltd. P. O. Box 7692 Corpus Christi, TX 78467 3611853 -2535 1— Z D 0 2 Q Z FLOUR BLUFF DRIVE PHASE 1 FROM SP1D TO GRAHAM PHASE 2 FROM GRAHAM TO DON PATRICIO (City Project No. 6498 & 6499) F.- Z n a =MENTS 126 2 4 145 2 6 271 271 1E 810 PI I 1 DESCRIPTION CD 11 CO 0) O r C? C? m r N 01 in co 11 oil �aaaaaaaa a CA � m r N M w w a CO Z r N co. E1ti � a Services 1 'ascocita rd. TX 77336 ?4 -3264 i- Z O Q 0 00000 0 0 0 0 00u7CV, 0 000 0 404,05 006 c4 wic)na7n T0T co 0C+)CoCDO 1000 CD N' tt7 CK) O 0 000 6) 0 T 64 40 T T 064 N T . T 64 r (0 64 6g F r 64 0000000000000000000000S 000,4-00.000000000004=0000 ti 00 41:0,11)000000000O[iC00o Ott) oo NCOmr00no0OOu7ommvmoODOn ti 010 aDmommoN6c. cAc'7c")6)noc'�rNoi, 0 fD EA N M CT CT) n Lf) r M 64 64 64 64 N E4 63 H} r T- 64 64 64 T 0 (4 N' to, 64 64 64 64 6R 64 M 0+69. H4 - T i � , . " - C r. C Z 0 W to W Dm 0 00000 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 001,00 0 0 0 O O M n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (4i 6476LC)C4 006 00000000000')' r M T 40 00 0 N TOM� mC ��T' OOT NN �C]M T D 0 d• In M ' Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 361/299-3721 1- Z Z 0 0 00000 000 0 00000 000 00 N0C4C5 N 05 00 o 'OMON 0OM r oONn V C)0 n 00 t` n LC] If) M i` CO N 00M64-01 000 N G3' 69 r ' r 06469- 64 64 C 0000000000000000000000 0 0 V M 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 0 0 O G0 4-- 6 16 NO6 N6 6 O6 6664 6 C40cg' 0 00 00rMW n10m00000 V ON OOrN 4 0O M1�4700O V O0M(0n000DN10 MOO nd- 64 10 N O r r N 64 u7 M T d' iA r T di 64 6R r 64 T,,, V 69-644-M640.1 69-646464 646464 64 4R 1y 1069- 64 trr �� U MCC a. 0 00000 0 0 0 0000000000000000000000 0 l0 O N 0 0 000 0 o ti r 0 0 CD 0 0 0 0 0 0 0 0 0 ,- 0 0 0 0 0 co v oi6t.iT 660 600r)Ccfno,000c000v'oo.- va) r ON 00000N0 004-04/4- r oCD0nOrN MO 10 o O C7 'r Haas - Anderson Constr., Ltd. P. O. Box 7692 Corpus Christi, TX 78467 361/853-2535 AMOUNT 0 00000 con N 00000 0 0 0 o c.iooiuriti ciov 00 Nr 001001 n000 CO 0000 nM NOM N r-76606 N O N- 10 10004640 OOn N 64644- r a) (19 64 _ 64 6g 64 64 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o m o o 0 0. 0 0 0 0 0 0 0 0 0 0 0 0 nio v(o0icni0nir)u-i0c0oo 0)000700 CO 00 0470000 d' 000001,- 0000 67rN t0C4 c4 n O 0000)1 0Cri00nnC001∎00McOMCA1-CD m t4CD nr 0r0)MM10646T69FA6464ii464r 0 64 FAT V64N 6464644- 6464 64 coi 6464- 64 69 0 W 644 F0 1e 10 00000 000 00 11710000000000000000000 0 000C moo O O N N 0 0 0 010 0 0 0 0 0 0 0 6 0 0 0 0 0 0 ,-66N, 66d 100 n1snMM04C[i600000�• 0O01C)CV T T T T CO 10 o n CO CO 10 0) T r N N 0 T �0 000 T C10014-00) 00 M0 coo o CO C? N r L0 T 'FLOUR BLUFF DRIVE PHASE 1 FROM SPID TO GRAHAM PHASE 2 FROM GRAHAM TO DON PATRICIO (City Project No. 6498 & 6499) — Z D r )-(0>-<W -COL 1_ 00>- >- )-¢>- <>-M <W4C<LL nu.< <W- (1) AJ( V J UJJ m QJ UA/V UW W-1 W J W W JJAWW J J-1 � Ui 4 OD 00T10NM 004- M 11 C1 NNM010(0 et] TTrNT (rrN CD VI. C7 O 00 0 (D CD 1 T r 0 0 10 n 0 V N N 00,1"-- V r V 0 N r c M of r0) (0 07 Q rim-vi N z DESCRIPTION w 13 > (/) _ 6 N N M _ F Z ❑ T 6.I❑rr 2 W Z O Q 74- a U00 C G. i Ua�(a tm•cG0 . v a c o _.(Do a) ( . L. 7 Zinc= a0 7a ° 6 m o 'so °v 7UU nm 2 �2 =50 U mmr �0 y = c a� (� a �U ^- co >�m g(esw C ¢ n c� sox '� c Tv-Jo m_ c (nw c o .10 .c a n. a = m a, — _ - o) c - ?( O O 0 iS) O N (/) N O` `3 0 1n m .c L at f9 w m 0 En l . U� ... c U c o c..-s+2'--'0 m x o c i d _ min m m> j� U 'O 0 -a 0 .. .. 7 0 - yVm cUa a°) v LLIMCO Q-0U m0U TJ c mW >mm>00 N y 00 EE p V 0' 0 1E 0 > N U E O J E Z O D O m E A? D E O O E L'i' T O c— f` 0 R O_ 0] N 0 1= 4) X 0 (U _ i• _ G) 07 2000 O To ,d Ol N N G) N iC) 00 -1-01- 0o)m1 -0 QU W 00b)0N1Ym1— X0..C/)1-IYrcaw TT 11 I 117 (D !' (0 CPO ,-('J Z T N ('7 Nr lf) CD n m m O w N M 'c4- 1n 10 N to m O T N r- r 4- r w N N N r i e i N N N N N N N N N i i i i i —LE— 1i Ct -- W �J 0 V4- (> {7 () C7 U (� N N N N N N N N N CV N N N 11 ti . J� C? C7 C7 C7 [7 C7 C7 C7 C7 C7 C7 C7 U A 8'1� Triple B Services 820 Old Atascocita rd. Huffman, TX 77336 281/324-3264 AMOUNT 11 0 0 0 0 0 0 0 O o O o C1 O 0 O 0004 CD000000 00000 66 ri6 6 6 06ui6 0 0 0 o c i 0 0 01 CO it 0) er r. N 6) 0 0 0 0 N Net et0- NNru7C)r• 14 0C)069- r r N Ea N ,- � r or CD L E+i Ef} 69 ER 64 64 69- 69 69- 0 a 0 0 0 0 0 0 0 0 0 0 0 r 0 0 00 00000000 Ti o co 000 6001--6 6 o c r a) r co 0 0 00 0 00 0 N CO O N C') r N0 C1p0CDNr�u) 0O O oo i 0) 0 6 Ti _ cD d' 'A C] O L N 69- M 64 669.69 64 6R 69 69 0 u) eD C) 0'• 1� EN {9 • . ' -. 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Box 7692 Corpus Christi, TX 78467 3611853 -2535 AMOUNT 00 op up 0 ti 0000 00000 o6 ooC6 6)6 U)OC4 00004 CDoDODCD6)NNU)CDCh Ou)00 NC 0-cocrC�0ooN of erN00� N N N IA u7 69 64 r N (.N 69 69 69 69 6) 69 64 r 69 6. C in u0) cCDD C)0CJ 0000u0)� 0 00 pi 0 0 6ti c4 00NT- 000 et r 0 ti0 OOOrrN00 4)' N 0 Y- 04 I∎coo1.0 �T,- 00 M 6? r- et el: Cr u7 r� u) te Cr; If N- F. 0) N 69 69- N ER 64 64 r 69 73. ER r 64 69- ui ER $308,935.60 uJ U (Y tL 00000000 00 00000 LC) L O u)O u)oo Lott tC)CI O O 0 er er o0 N 0 0 0 0 00000 6 0 co to r 0 O er cD CO 0 0 Cii00000r -uiTi Ti Oef[76N Z ui N- IAN Choui6etetC O eta) m0 u) ao 0 oco 00 r r r N .:t 0 o F- N CO 0 0 r r C) N < 6 CV r r n In BLUFF DRIVE PHASE 1 FROM SPID TO ,M PHASE 2 FROM GRAHAM TO DON ;10 )jest No. 6498 & 6499) LL QQ ¢ a W LLIJJ_I. -JuJLU W W LLU-I -J-1J (4 rI 0 co u) W J W-.1JJ I- 1- Cf NNNet CCDCO c+)CC)op r0rrN Q. 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Huffman, TX 77336 281/324-3264 AMOUNT QOOO00000000 000 CD 0000000000000000 6Cp6T006066 11 6 6 000 0000T�rNt� 4DTCA'rUDCOCOTNon 0) CO ill I�C)0 �CO_ T000- Cr) 00)0) CD 4 tfi I� r- eh CD e- O 6] N f� N 00 co r 4A r co co k7 00 CO N 6% N C) T Is- T 0) 1 47 - 4g 6g T 4A in- (4 4R 4H to N 6% 64 4f} $81,787.00 $30,600.00 $37,100.00 0 000000000000-0 O oco oco O ti) N 0 0r,• O 6 r OOU) Q) I..: N CO ti�'" O 0000 )0 co r-• N W co T' Y I1 0 -aO'0 T- O) co col I� Qi N .4.- 69 �" c �- mi. cY�j CO CO FR r TP N N. gr e¢ e- 6% 69 6% 69- 64 N 64 69- c') C a+ 0 Q 0. w I-0 Z 2 Q 0000000000000000 00 000 000 0 O 0 0 0+ 0000000000000000 00 00M 000 0 I. M 1.0 o 0)r6(*i00cr)uiMON0 cS Lo6LCJ 03� OOCV 6 6Cri r^ Ci NMMTr cor - ca '')MTr Tr CDOCAr CO 0 000 t00) of T- T- 0 r lD Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 361/299-3721 H Z ❑ Q Q 4D 000mCDCO4)OD0n- 000N000 P.:et Mt+')NIstnO) I�OOD0Tr 0)OD0 ,- NCO(DOON(f)I. Q'c')C")OONQ TrNOOMTt000rI�00N 41 COCD hTr0041CDC7�TcoCOCD41P.014) O I- T T- 6 6 16 , of ca m 4.5 of cc l� O M 4H N 0 C) '0 CO M 5% N I- T '0 47 I� 6g ' 44 44 4H se?, 4 6g 4f} 4# se se fie a4 4R $37,843.28 $28.713.00 $32,489.00 0 000 OOO CD 0 O O O 0 000 000 co O O 0 0 N 000 000 O Q N tO 0 0 C0OI- O0lh. C)) CD 0 0 N- N 010 Tr 1�T0 Is T- T- 0 w e- OD CD T r CD T O W 4o N 6% 49 64 6% 0) T- to (4 0 4f} 4R se 4f} i# (4 rs.i emu} ZU� LL D ry 4. TrCoTr Tr Ttmn- mCOTCD0co 0OO OM 000 000 0 0 0 0 0 I,141CDP.- Dl clTrOD00 04C40CD41 OT 000 000 I- N N O O Nr•-:666Tie4T` NCONTiNMCACD 66 OOT 00 CO O M M r- CO I MrTrV)41CD1s0047%YI�COIsi.r CCO O N0 ti� e- T .. r r T T Haas- Anderson Constr., Ltd. P. O. Box 7692 Corpus Christi, TX 78467 361/853-2535 F Z O 0 0 0 0 0 0 0 0 0 0 to 0 0 0 0 0 0000000000000000 0 Tr In M CD 0 C] CO 'C Ti N 0 r N OO 00 u)TrmT:CoNOOTYcriC+DI-Tr '0N'0 OD CDOtt7TTTr tC)4Dif)TMOD V- N0 CnI�a000lI�OTN6cric -u- r- o T4iiNacr,L CD 1z N641-COTC00)C0 f!4 to FH 6? i9 r 4f} 44. 64 Sfl ER 44 T 4R $67,605.00 2 Combined) $30,600.00 $34,450.00 0 o O '0 o 47 CD 44 OOOOOOOOOOOOOOOO 12 OO ^y 00000000 0 0 0. 0 0 0 0 0 toC 0 0 Ti 0Oi6Ch ei 6 N r COC•iCDCDC"i 040 C olTr 000Dti00r0) I. 0I`i0Q)nt TO T r ca c0 r rt, N = Q. �. a co L_ W _ V Z5E a N JJJJJJJJ�JJJJJJJ CC 01¢J w Q WCt] J WO W c,) U) U) U) IL ¢ FLOUR BLUFF DRIVE PHASE 1 FROM SPID TO GRAHAM PHASE 2 FROM GRAHAM TO DON PATRICIO City Project No. 6498 & 6499) - Z a 5 d inTrI--NNtf)CDTNON)Mi~4O0')r-6 I— p., 4) .JODOO rs TNn N [0 00) Ch ODU"JTrIoN110Q 1n r co ip 1- O CD CO T iD Q N l� alto M r CD r CD T Ct) r r Z Z i0 0 te ID r0 N. OO o z a. }} Ciof 0 W 5 H w a a a ILI L.6 w z - T O. W H W 1- N a r w I- 0 3 z W¢ i3. • co 0 ,. 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Huffman, TX 77336 281/324-3264 AMOUNT 0 0 0 0 0 a o 0 8°88848'428888888 0 ° 800 ,= ao 0 o o (p (s of cocci cv O co sr N 0 ti o I0 N 800 LC) c0 a pp 0 r a) rte- 1CS In v �0-00(00C) m (0 0 Ln O W v. r r 0) tn. r- In O 11 4A LC1 LCl [D CA Ch N 1c) C)p (r) et N Win m d). O O co et 64* et N , *- N r La 6'89t4r H9 F r 69 69 di 0 0 d3 10 1.0 d! 69 64 d} M (- 63 E3 (g 64 69 i_ V Z - 0 0 0 0 0 0 0 0 0 0 0 0 in LL�cj� 0 10 L0 0 0 0 0 0 0 0 O 0 o O p 0001)0 0 a 0 Or-00cocoetcf)M000000a CD CO 000 • c) 66 : Y C7 f r) e i 6 6 6 6 6 6 6 N 0 0 66 O O Y r r r 10 6 6 Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 361/299-3721 AMOUNT _� 00000 O 0 0 00000M0000000000 0 0 000 o o 0 o o 0 0 o 0 LC) a O Ll) N O N CO CO 000000 sr sf 000 r.:4-66c.4 e}' O Cri 4,-:6666.-66666666 r Ln '- 666 CO CO in 0 ti 1- r• r, 0) 0 N 0 LC) CO N CO CO 0) ti 0 0 N N N Cr) et O O 0 0) N I,- d N N 0) N N V O LI) d3 r• et co, (O co., co LC) er CA r co N er co Cd9NN fF} CO 0 O N c*) NN dir r V N,^ 44""1"9. r V r 1'd� r 69 Y r 0 4 N 10 fR d3 64 6F} d? 69 b9 d3 64 d} 10 D a a' 0 0 0 0 0 0 O 0 0000101001•0000Q0000 0 0 000 0 0 0 0 0 L0 0 0 Ln In 0 M Ln Is- cv co r U) 0 0 0 0 0 v V 0 p 0 ,,-c644 (D CD CA r 10 O N O O a 0 a 0) 0) W 0 0 Cr) (0 r r r N c) 1-N 000 on Constr., Ltd. Sox 7692 isti, TX 78467 53 -2535 1- Z 0 2 a I- U-I a H ›T Q Q Q >• > i' 'r LL } LL. a al LL IL. LL LL_ a a Q Q < < U- II. < < < CO CO 0 0 U CO CO CO CO CO CO CO J J J J J J J J in W W W ,.J J LIJ F>-O)!--0C0 0 h r O N a0 (0 co 1'- co M e}' 0 0 in O 1n r CD C) r LL) N 0 r• r r (Y) r CV 0) Cr) O) I� r O �- In M 0) Ln r O 0 0 r W 0i r r r 0) r CD Ca M r C r Cp O M c9) r c) a Or cf) c0 DS c66- r- r• r v (0 C9 r r r BLUFF DRIVE PHASE 1 FROM SPII ,M PHASE 2 FROM GRAHAM TO DC 10 3ject No. 6498 & 6499) Z 0co A a cc W ❑ co N- 4.1 m E C C G. Q ,�, z4. al 7 CQ�m cm am m ''.co- „co,,co_ g T c c co a 32 in Q tc ❑ w ❑ v C 2 •> v .�.. ca ...+ et .N. N ,N- L. O N w C:5 rll 7 n m m (y a) ❑ G E G E v E S S C C > ' C7) c o) CI 0 O 0 0 0 0 0 0) 2 c or in L`"a a) m 3 m u0, o ran o m .1. ca p c c c c c c c c c c c c E E E c 00-- xi✓xva0in'=Im c. n nro m ocanmEEcca ro me m y y..... 2 a)< a) ❑'c 3 °. 2 2 2 2 2 2 2 2 22 ID d ¢ � g g c .r as as v^°�i .. 0 x ❑ a) (tea (tea c 0 a 000.0. Oa•-•n 3 '� 'c , mc aar 0 ID aa)) a) 0)i ID 0)) 0) 04— m OC N _ O [Xj G � C fA OS J E `-�v N a) N U N f.7 0 a) U 0 C) a) c a) a) a) 0E) aE) a) c) a) a) a) m y a G. r y a) N r n E E; yT cy w m p c ch co > > > > > > > > ». . E , Eo w awl' N H ti dr.r,.r.N..LV C0.-W.0 CO a LZ a s Li a 0 11 aa.ccixI- ��m(n(ncn0 N (Q et LO CO i~ Ca CD O N(� M NI' LC) CO N CO CO 0 r N c 'et 0 (p n ...... r r N CV N N N N LV ill N N C9 (0 L7 c7 M CO C'9 In co co SC Y Y Y Y Y Y Y Y Y SC Y Y Y Y Y Y IL Y SC Y Y Y Y Y Y Y Triple B Services 820 Old Atascocita rd. Huffman, TX 77336 281/324 -3264 AMOUNT 00,000000 000 00 0 000000 0 000c000i•o cgo o 0000f.0000 O 0 0 OS 0r CO 00 r N 000 0 ONNer r: o I-7 6 ui 0.0 Iti rNrICS - 4I'64 Nh0 r 0'0 03' i (4 CR { -(4 (4 IA' V ai CD r 1B P7 CO. 4 00 0000000000 • 0 1ri o'600066c0000 o 10 N 10 0 0 0 0 CO N for 1C) r CO CO 141 N ' 1CS co" .4c5a t'7 rte r d' tri 1t7 6 ?63rcoN CO COCOC (4 (4 63 (4 (4 i636}64CO64 0 o 0 N r s- ER o 00 CO 6m9 0 0 In t _ '� uj I-0 Z, a 00000000 0 0 0 0 0 0 0 o o O O 0 0 0 o 6 6 6 c 6 6 6 6 0 Ooo C 0010r CO 0Ov00 CO No 1000' r 00 8 08 8 8 8 0000 a Oi 6cci6 7t71CC']00.0 O NCr? t�7� (Dl�orC07N t0 0 t\iCr N o 0 CO 0 hl o o ih co 0 Ca 110 t+7 Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 361/299-3721 Z Z = 0 Q 0oo0ooGOO, 000 0 GOO[V OONto ©c 0 OS0 -0000N 000 0 �OZ^Q000e- 000 0 ICiY)N�6646 lt'%C cc; 6S•' . 10N r 10 (4 Nr r (4(4(4(4 4 4 6} b4 00 Of u1 �" P? N r oo a ao°0,00,0000cac00000 O0 do 1Ci. CON00006 0 a t0N CO ,t- 00 _ s- (6 NrOSI,400000 co' N a r64 N0N1 F' CON 'V CRr ER 63 6i 6� a4 (4 (4 (4 C J 3 64 0 o CO o 0 r 63• 0 0 0 0 0 °o_ _ N 0 LLI a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0oo4Ti a46 00 0 0 MOON- 1io °0r - 000 0 g. IC7 N 4 r) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.O 0 044. Inl�r�vc'icooco 0 00 1030I`0O00000 0 r co co, too o vi th M . 0 0 0 0 0 4 0 0 o 0 0 Co 0 0 8 0 1r; Haas - Anderson Constr., Ltd. P. O. Box 7692 Corpus Christi, TX 78467 361/853-2535 AMOUNT I= w E FLOUR BLUFF DRIVE PHASE 1 FROM SPID TO GRAHAM PHASE 2 FROM GRAHAM TO DON PATRICIO (City Project No. 6498 & 6499) z D I- 0 TER IMF 185 120 411 772 442 772 894 606 1,096 14 1 4 2 Z 0 a CC 0 07 W 0 N M 4 to co 1. co co 0 r N Z r N C7 It 1n ID 1 co 0 0 r- N i�7 1. r r r r `T� �I`TY� u?'nu" W�JJ JJJJJJJJJJ Y Y Y Y Y Y X X Y Y Y J 4914 Nt r-• J 47 r J t0 r S Triple B Services 820 Old Atascocita rd. Huffman, TX 77336 281/324-3264 I— Z O g Q 0 o o o o Oo,o00oO0000 oCc0D000ti000 °o o 0 o fl 000000 g6yiooriui Q O O O o00000 c+) CO 00 0 O CO 0 CO N 01 CD N I� I, co O N r C11 0) IC) CO M 'St ni cci p r0cr1rn[o rc0r7Cc"ini( d3 0 r 6% fa {A C4 64 64 t Co N CO 0 IC) t+ CO r ` • 64 rr N4 NCR 64 H3 0 00 °000 Qo 00.000 I` o52ao�000c.' CO r N COO O 0 0 CO op ap r t,. N C\E r u Nco cyni rra Os FR 64 N 6% 69 41; CR IC 0 T t+4 • — x • I W Z U Ce Q O 0 O 0 O O cp co o 0 0 0 0 0 0 O r O) 0 0 0 0 0 0 0 0 C7 0 0 O 0 o00000 000000 N- -000 0o 000 o O O 0 0 0000CpO 00000NNN r)�N ei p pap 0 0 0 0 0 Oa 0000 0C") r- CO r r N0 N0 0 tt N CO N r) 0 cD I+ P. CD O N 0) r g r 0C) cD r r r r CV Cr) N to Cp ri Bay, Ltd. P. O. Box 9908 Corpus Christi, TX 78469 361/299-3721 AMOUNT o O o O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 6 0 6 o6CDCS0 CST-p2 6CDC7C O O O 0 0 000000 0 et CCDD0000 u 1+ OD CC) r 0 N a0 O Nap O 0 CA 0 I+ O as cD cD Oi C 0 Oi of ["i C7 CY1 CO cD u? eri a0 cD 0 O 69 64 •-• 60 6, CR 64 64 6Rk CO EA- CR U 0 N CD 0 4a9- !f3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 o 0 >ti LiC7066 Opp et r-c)0 Cc70 oeL)O CO t• Iti us ek cm I- us EO eri er M cD CV M r Go fa q 0) eR CR 49 CA- T LLI Z U Z 2 a. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O CD 0 O 0 CD 0 0 0 0 0 0 0 C C CD 0 0 0 0 0 0 o 0 O C CD CD CS 0 d O o o 6 C g 6 d ui c o eci s- C] I� Ca C C7 0 O O O 0 0000 O 0 r00 C7rTr LO 0eri u n CO CO r c Cf)0)ONCO 0 0Tr NCr)Or)10 CD co_ cD 0 0) cm N r cai vi Ch u7 ui ch r r• Haas- Anderson Constr., Ltd. P. O. Box 7692 Corpus Christi, TX 78467 3611853 -2535 AMOUNT 0 m 0 z uJ z- a 74 c 0 d R D. Z W 4 W ¢ ¢ 6666 Q Q J �UU)QW I- Z JJJJW6LW } F- 0 r r in r r rsr N r r r r r r 0004N C. W COO ON 07 enr Tr 04 6C)C)ha0 - :0, rr `C)I tN m r N a U BLUFF DRIVE PHASE 1 FROM SPII M PHASE 2 FROM GRAHAM TO DC 10 Oct No. 6498 & 6499) DESCRIPTION a - W d) 0 G) CD C) CL L-. C W W (E) 0 0 0 0 0 0 F0 O N 0 0 -J 9 Q 11 " 15 m O °- 0 I- a� 0 0 0 m 0 a ° w d� ..L. Q , 0 ro 0 SC 2 g g 2 cn F- E CL9 0 i tl ca v 2 Z C6 ?� 0 E E E E o ::CDC? .,diin 3 n m w n.a c 0 0 0 0 ro r� F�--5 E m rn,- _1 re 0<< x c 0 ) aN) m CI�i o 3 y1 o -Ho < a¢ooao0_J C`7 d U �., C C L e7) C t 0 ....) Q Car N C co C C C C C ID y W O 40 ' Y N li C m c L). C 0 N 0 d as c 0 0 0 0 0 x T '? d Q. d 2 C]) � `0 C a W •R ° •K � W C m ILI J J J J J J �p O t0 00 O a) D` C fn 2 c a) en m Q) C U O CA 0 Co 2 x 2 x x 2 x 2 x ) cl) c7 11 v iy L) m 4 L° d C W a .Cu ] o :: T'- 5 m 0 a� ,0 „0,ci+s. xxxc' 3ccLoi't0et > EmEd.cgHG.d >,0.5 a? ,..c...5 T_ a. m x X CD ;0 N ca X RI `I X a 6) x F- 0.0 0_ . _ 0 �DF- cDF - I`F- I• r- r- F- CA2C)inet 41u7UO)u)0F -W F- U)C) Q IL'Qa'coc00o CDr N. 03 CA 0 r N co ID CO h CO CA 0 r N C) C Z r N 0.) T- r r N N N N N N N N N N r! M e? M m Q g J J J J J J J J J J .4 j J J J J J J ∎ 1∎ g 9 J _ 442_ a Triple B Services 820 Old Atascocita rd. Huffman, TX 77336 281/324-3264 AMOUNT C) 0 0 0 0 0 0 o O D D D 0 O 0 O O cp O D O D 0 O O Tr C CD O O O O p $15,344.00 th LJ D 0 Q0000000000 00000 D D DDDCOD, 00 00 D , Ltd. ox 9908 sti, TX 78469 a9 -3721 AMOUNT 0 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 O o 0 O 0 0 O O O 0 0 0 0 0 $15,034.00; UNIT PRICE O o o 0 0 0 O 0 0 0 0 0 0 0 o Q 0 o 0 0 0 0 O O O 0 0 000 0000000000000000000000000 0 0 0.0 0 �DODODO ppc66666C5DDO6I1C70r0C'') U)0 Ds- Ch Nr CCU70 U] Olt3OCO0000000O d'N O0 O U70 O N P. U7 Nr Tr CD h. D U7 d1 N CO V` O) op t- r CD 0 O <t N- ei c r r N N ef N Haas - Anderson Constr., Ltd. P. O. Box 7692 Corpus Christi, TX 78467 361/853 -2535 AMOUNT W :2 'FLOUR BLUFF DRIVE PHASE 1 FROM SPID TO GRAHAM PHASE 2 FROM GRAHAM TO DON PATRICIO (City Project No 6498 & 6499) I— z n I- I- 0 0 2,515 7 20 1 2 1 1 4 1 2,164 3 10 2 1 1 1 4 1 14 345 3 1 4,679 9 4,679 E BID PA TER IMP 126 2 4 126 126 E BID PA DESCRIPTION CA 0,- N P] ` t LO [D N 03 0 0 r N M +n CO n W CA O N C7 r N C �) 'V' LO 1 r r i t- Y 'a'� " r r N N CV N N N N N MV N rf P] Cr] f7 z z z z z 222222222222222222222222 i-- Q .mod M A CO CID a < C 2 fo a r O g F- N = co I- Z 0 r W n 0 0 O 0 coo C3 0* CCOO D O CO' pz 0* r 0* 0* 0* $3,858,279.75 0 0 Nrr 00 i - $218,352.00 - $218,352.00 00000 000 O 000u,o coo uo co c co n ui ui o of of CO O Is 0 0 CO CO T et 0 O 05 of 0 CC) t- N � Sri u5 'r— 0 c m u7 rAA N. 0* MN 1- Ch 0*0* 0* 0*0*0* 40 00 0 0 00 0 0 0 0 00 00 0 0 0 O 0 d'� 0 r0 T T 0TAD 'gr 0* D 0 T N 0 0 0 O 6 0 0 C3 0 CA LO r N CD f M g L rn m 00 WM o. 0 0 z 0 NO 0 cco'- 0 0 c 0 0 N 0) (0 e- ta $3,514,625.06 00 co co TO dd N' E - $118,274.00 4109,176.00 O O O O O D D D O Q 0 0 0 D D D e-0N 0 Q 060 OON0C1) NOM NOO T N OJO1� ccl 1- c6 6 0) v x to to t* 10 0 0 ,'� 0 O 0 a 0 O .o o 4.3 e�7 0 o a % m M H a W _ U w N 0 0 o er v o 0) .0 h F W 0 000 00 0 0 00000 0 0 0 O woo 00 U3 O UU0Q(' 0 000 C3 �Gsrco Co6ci 0 am O cc; D f0 0r 1Ci0T 0 0 0) J Nr co 0 co X O N x 0 caul 0 o0(0 a 3r,) Cn Q U Z 0 Q I= w Z 0 0 I z 0- 0 o1- u-a a-- o coo IL o6 7 u. co pN W CO CO V_ = Z m 0 Q { 1 -J g < F Z O DESCRIPTION 0 O CO CO z z 0 0` 0 a a I- I- Z Z OJ u. W CO I m W{DCO 0 co N��(n0 WCJ-J LIi 0 CA 0 cu CL Q 0.c) CD (0 CD r t*J Cc7 0 to r c a{� v 1- 0111 03 0) - 0S(00 (p 0) 2K TO ILI uJ aD T GO c0 c0 et N 4 J LI a m 2 0 o N c 3 w V T m o? e re a) a r, Q FCC7 v 2' w 50,5 .. }} T$12, 0 v m m C t r? . � G F- Q Ca .? E Cur..? 0 0 Ea a a,m m❑ mA � a 0c1 m ) d a M 7 oQ 3O E Y Q 4 . m o-aC �x b y° co m<C71 m j, ILI � 7 7 0 0 1 x o x p N� o M o (y •m oe Nv)0 m p E- u, m c0v� c m?::: ?: Z.. E o.,p...� o o d io o c ov C4 41 CO yJL ^yI O m V C1 0U C E V U MI U U E N- .= - 7 as 0 IC U m V Im m I- 0 0 0 J� T, 0 r O 0 a o 0 0_ co " <00 0 'ED er T 0, 0 0 0 CD F- cn cL I- co Z r N M T N c9 0* 0* ti 0* to O r N T T T W000 h�af°0. CL a 0..aad� a� a a 494 FERN, 00 J3 00 0 z a a co 6 2 0 0 b U Cr 2 Q 32 111 co 0 5 2 E N z mc w szto a EL-22 N (y C C 1-0a. T N Z yN cu O Q O I-B 0N .s Q¢Ua 2 W a a 0 0 0 0 0 0 0* did net affect the low bid. 7 the amount. s, "The Unit Price shall govern ove Section 9 -2--7 stat 0 0 0 n 0 1 $210,214.10 $527,936.50 0 0 0 0 ti 0 co 0 l` ti SD EA 64 $3,858.279.75 $145,000.00 Irregular Bid Bond submitted. CA Co V co m �/ cr) X N co .N ca co) m OUP Fl- o U $6,250,232.86 o 0 a)) N co 0 V' 0 0 co N T ER EA EA $3,514,625.06 0 O 0 SD 0, 0 0 O D 0 P. 0. Box 7692 $5,901,045.20 cfs o coo M co O 0 0 0 cV c+7 6 6 ci C m0 3 a) � O ❑ 0 O o I- 0 co 0 m m 0 co EA- EA Z Z to d C -to co o m ° T t71 C 43 75 to co E a) o E z E 0 2 10 EL' 0 as N >Z LL. U S 2 m y C. o 0 0 w a) U•a 0 0 0. 0 C3 a) C as �' 1 5 T I..i -0 c a) r] co L9 w c .Q N w od W IL C O E a) n N E O L c ❑ t -, I O 1 in m� '› v y w TN N C] IiiN w0 co C . C .6 °a °6 a o 0 0° U N Op z`a) z Z Z di 0)z Z a) Z <= a) et —a F- +=d ¢- a" �a °t V0 H Z LL. L Z x Z_ ZZ ) Z c lY -t tC 'C et -t DC •z Q sit W l6 W to W m lit N W 0 W cc W o woo Q. F- 0. J 0 J 11 J Q. J O. 5 D. J tl LL U sn —495— CO CO 0 a Y Ol F� d EI m m I-1 UI i' d M a) H En N 0 F A .0 0 ri ED w m 4-, 0 .4 .4 a 0 0 co 14 ai co d •.1 b ro A b 0 Ell Section B -2 -7 states, "The Unit Price shall govern over the amount." TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS $7,034,508.00 ENGINEER'S ESTIMATE: Time of Completion: 525 Calendar Days 0 0 0 N 01 G) C D O Obi s -0 O C Lu ( y - D co 0 Gi !LI al J m a H Z 0 2 Q Exhibit C W a AMOUNT H W D Q. Reytec Construction Resources 1901 Hollister Houston, TX 77080 713/957-4003 AMOUNT oa00000a000aoaoa0DO o D o o o o D O o o O C a o o o o D D 6666060666606660 N0[V 0 1r o e7ODOOOCO er et i�T- r--0.I OD OD Oki ooO f-H04 TT4T 0dS er6)f0It .4 CD_ r eri r (N r r (0 ' C',1 C - y} EA eN� r CEO 44 d9. Hi FA E9 di 64 o o LQ l7 C'1 LDC9 !Q v� o o 0, Ls a- H9 D o 8 01 N 4 3 0 a ffl eN— r 83 r W D fa. a. FLOUR BLUFF DRIVE PHASE 1 FROM SPID TO GRAHAM PHASE 2 FROM GRAHAM TO DON PATR1C1O (City Project No. 6498 & 6499) 1- z DESCRIPTION QTY. D - PART A: STREET IMPROVEMENTS Clear and Grub Remove Concrete Rip Rap Remove Culverts and Headwalls Remove Concrete Driveway Remove Post Inlet Remove Signs Concrete Plug Storm Sewer Remove Slot Inlet, RCP and Headwall Excavation (Roadway) Compacted Subgrade (17) Geogrid (Flour Bluff Drive) Geogrid (Side Streets) 9" Limestone Base (7Y A, GR 1) 4-1/2" Limestone Base (TY A, GR 1) 8" Limestone Base (TV A, GR 1) 2 -112" Limestone Base (TY A, GR 1) Tack Coat (Flour Bluff Drive) Prime Coat (Flour Bluff Dirve) Prime Coat (Side Streets) 1.112" Hot Mix Asphaltic Concrete (1st m N th v .9 (, n co 01 O r N cd1 r •in tD c0 °' CD y¢ Q a a¢¢¢ a a a Q a Q a a a¢ a Q a a m -196- N N a N a AMOUNT }� rW 11 1- z 0 2 Q H uL D IX D.. Reytec Construction Resources 1901 Hollister Houston, TX 77080 713/957-4003 AMOUNT o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N Co o co O In co in o 0 co co 0 - 0 0 00,00000000 0 M to o u3 1~ D r' lD SO r' 0 0 C•J , SV 0 0 0 C r O et cci 0 0 o co ooco oo)r -a)r� 0rrnCOCOr -N CO 0 rn - 00NC0000a` comb o r• to 01 O 1- C., in 0 40 wt o Li-1 CO ti Cl a- +f! C^7 N 0 0 1- S- N 0 M CO _ 0 0 Y7 64 te EA M ce CS7 et N N r- Vi r- T- od N 6°} i!i Cq O d "�}} co N ti r r 0 0 ER Ef} 6'3 64 63 69 ER ER 6F} 64 ER 69 69 ER LC1 N u, r - ti r '.ER ER 69 ER ff! ta la LU F U D IX El_ 00 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 000000000000 0 Ill 0 Co et N. et V' 1,0 CC) 10 o 0 N N st. 'q 0 0 0 0 0 0 0 0 0 0 0 0 0 D6 66ocooGioilrioor)ri Y- . o6O11GOOC+i6CD oo6 °O N f- C- i- et O O r CO o CO CO C) 0 VI N 0 ID N 10 F- u. >- LL U_ LL u_ u . u. u. LL u. a Q Q ul u- LL � < < > - • C / ) 0 U. LL U. LL L.L. Q CO U) CO CO J J J J J J _t J III Lu w lu J J LLu W CO J< .J J J J J Li.] J } 1- car co 03 O O er O CA O 1- n r) en Co M co 0 co i- r• N CO r- cn C7 0 0 (+') - u7 , d' 0 CO 0 N N CD N 0 LO r- 1- C0 CO m CO 1- N Y7 h M N u7 1- 1` 10 co Co to in et N to Co 1- r CD d' r- CD N - o r 1 co" co r BLUFF DRIVE PHASE 1 FROM SPIT M PHASE 2 FROM GRAHAM TO DO 10 )jest No. 6498 & 6499) DESCRIPTION '- r. ..•-••. cu C 7— 7 � Q CO 01 co 32�•a ax o c o 6Q g E 41 E coa -,22 0 o ° eN - 0 t7) O r co 0) u) N v ea,— '.' ... O .. C c ED 0 iC C L�} . _ o CD ❑ vO v �' yvQ�S�S^^� Y Qj 2 2 co •C i a) N Q. .� `1 E. s V s sEEE f0 N C C ' CAS C C QY., C a y C 01 co 0 co O) co 0 co 0 a) E E E W W .N C 1'L' m CU E cc0 0 C 3L SG C C :C C C Y C N y 7 N CA 0 'D a) Lci ? C 0) m •o ern C`c c`i coo coo `m co ro CO E E m co rn 0 m o o u. i O m 2 2 2 2 2 2 2 2 2 2 a y a- a D" c c U N� a y .� Q C C C C C C C C C C a r .-. •Cf C co CO O Q) .D (� E CC V E r„ G •0 C 0) 0) W CU C) 0) 0 4) C) 01 L. C Cn a) J i- c-) CA +r z(..92 C -a c) a) .> ›› y 7>;y� EoEodpa°')rE .,mc 0, =0(u 0mDaaaaaaaaatlaaa 1-y1�m u) CA01 -1`- u)0'0QU)000a I- If) co 1- to cR O N CO 'Cr CA ID n CO CD 0 r N CO to 1- co 01 O , N c7 N N N N N N CO CO CO CO CO CO CO el r) Ch / Tr 'T l e1• v 'v Lo 0 in Le) a ¢a ¢ < ¢ < ¢ a a ¢ ¢ .4 a ¢ ¢ a < ¢ a ¢ ¢ a a ¢ a a a a -+9 7 AMOUNT 11 • — �, NJ A C X v- W a C a Cl. W Cl. AMOUNT I zX Da lction Resources Hollister TX 77080 57 -4003 AMOUNT 0 0 0 000 c o 000 000 0 0 o oor N r 6g, 69 64 $3,752,562.50 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co co O O 0 0 0 0 0 00ooa0000Oo00000 0 0 0 0 0 0 0 coc6Toao66ci0000066 o a d c c c o co co OMiC)a0C-ulu7101+00000 0 O 0 o o O 0 CON to C?hCOa0C9C) 0P.- N 00MN d_ M 0 O 00 0 r ti ch Tr o aD ao cc ap a0 C7 co u7 [V +7 Ti ti co 0) 0 10 d'r 071 , NI- invrCh0){ -,r69N 64 r 63 N 64 r N 64 64 64 E4 64 r C') r Ca N 64 cr 64 64 69- 64 64 &3 69 64 64 6% 64 69 a) C W F'o z — m ix 0 0 0 000 666 OOa0 00 oo °o N r . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 O E000000g00000go °° 0 0 0 0 0 0 0 0csiu7Gri iii vvuiNhlcV OOD8pO Q O p 0 0 6 Eya0a000NuZ1�NcI a0 COu?.0000 O O O O O- O 0 N N N c 000r) N 1� r u7 0 CO uo ti N c+7 Ni T N a) v Ti u-; u) c cd C CO r 0) F IL CA CA >- ..JJN Q a. 0 m 11.1 a M Q m , as IJ_ IJ_ IJ_ Le. tJ. IJ_ IJ_ LL. IJ_ IJ_ u. Le. < q d Q < < < < < < .0 JJJ,..1..JJJJJ...J _i..JLCJLuLL!W W LLI W W W w w H 0 1.^ r0 0 N _nt COiC)tiNN1000r10 LC) C01.00)Yr N KY N vt e-- {V !— 00 u7 1- N ti 0 0 1" N co co N da u)r CO COr-otANC-. O W CV T- 2 BLUFF DRIVE PHASE 1 FROM SPII M PHASE 2 FROM GRAHAM TO DC 10 eject No. 6498 & 6499) DESCRIPTION w E 0. to Y../ U U o 2 U ,r 0 O = C co 0 y ti. c 2coZo > O a �� m 1 >> >> r O O 0 O T7 7 E a [0 03 03 [0 I- E E E o ::::::::. -. a .. 0 0 `o . U) o U v °' a s to [0 [0 03 u7 c E y a) w d L O ca co cn fn cn N co co 0 0 0 0 Je -2 4 Ql N N d ci H o) co co to to W 0 0 0 U '- 0 a 2 2 i 03 2 c M V 2 {/} co to 16 t9 N Ctl CO al CO U U CO C m c 0 c 0 L) a) c 0 Q Q g 0 UUUUUUUU ai c0 co c 'a o TO a0 a0 TO a0 >,o eL F00 U UU UUU PI d 22 a C C CJ a) .-J a) -.J co -J a, —I a,-- NJ d a�ll'0_'�� ��[lD_�a C 46 Lo oam' o co 0e!' -Ea-u)-6;:t- a. @ 61 D is e ID a S kr kr kr d' ;q fn W U X ?t C x C C x c C x C ea 5 co 5 ca Or NCOt} CO+) �4CO6 ;crtoi-- CAiC)�r)kr tt241 2EC1~G' 4)2[02 Z02 2 in u7 0 Q Q CO r N M/ u7 as n a0 CA 0 r N (,) 4F lt) 0 n co a) 0 r N [rl W 0]dl CO00 COC mL N Coo m00G)000 co m 0] C) m th a m - :•- FLOUR BLUFF DRIVE PHASE 1 FROM SP1D TO Reytec Construction Resources GRAHAM PHASE 2 FROM GRAHAM TO DON 1901 Hollister PATRICIO Houston, TX 77080 ,(City Project No. 6498 & 6499) 713/957-4003 AMOUNT IC w 2 a u UNIT AMOUNT PRICE UNIT UNIT UNIT PRICE AMOUNT PRICE LF cu.VV .p i r v,aay.w LF I 4.00 $32,724.00 c DESCRIPTION N m N t1 [O N m n co (71 o N C9 N N N c'] C'7 ) R) mm mmG]mm V' C) m -499 in CD '7 Cr) Wm N. Ch m CO CO 0 r 0) M I`i commm N 'T m C) t 10 CO 1 mthm r �' co O Q L _ K V c a �w a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0000 0 0 000 0 00 0 0 0 0 0 0 00 00 0 0 0 0000000400 0 o o o cd o 0 0 0 o cc o a o ►ri o 0 0 o c o 0 0 0 0 0 0 o c o a o o 6 N 0 0 C3) LC CO 0 CO r 0 0 1L) N CO in 117 N 0 CO 10 CO 0 N 0 1n 0 fl 0 10 4. CO 0 in 0 C) N:r CO V r ti N- CO O;~ CO 11) Cr) f• 0OrCDNN00N 69faN N 0. O C.1 0 N u3�j 0 ch 64ol -te 4f.uj 64609cD O 0 �rrrr -f�N �N 64 r CO r 64 r 64 Q1 110 r 64 0 N r 69 64 64 FH 64 64 r 64 64 64 64 64 64 Cr)F) 69 64 6V' 69 69. �} LJJ q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 00 0 0 a 0 0 0 0 0 00 00 0 00 000000000 o O o O 17 G O o o LL] o 0 0 0 o 6 o o 0 0 0 0 0 0 0 0 0 0 0 0 o o o o 0 Z C ¢¢ < QQ QQ a F- CS e y r ':F 10 O N (0 CO (0 r r _N ti r r 'et Cr) r N 0 r r N T` O cr r r N r re) N O) O 1� 1 (A r r 00 N C 0 CO r f1) 1- Z o. W I- a c _ W J N a) L > a) , 0 ,�+ 0 •�' CO 7 M Ci) n0 a °.. 0 0 x 0) 0 .0 V Q� U =b O coa lX 0fj Q- z� °a 0 x co II � y Qm° o0_oNrm = Wm 3 W' W 3t rn� a -a fl -0 `O 0 ❑ 7 dl try 3 C C - jr: G❑ N G cu 0 N N a) q 0) 7 N fro 0 N m 3 W C C_ y 0 R R o 7 W m m m "0 0 03 0 CU 0) D ^G O ]. ;p o cu -c o J s r LU M in W MW °uset,U rn_ 1- Hf�h C-).-§0E;01—/—.§Z2 - = 0" -N .N-. 4 o . o 8U c. =j CO=-- :iuCO°iflCOr cco> a= rrat.aao c1x a _ c X x )C x x x X00-0:10 X X O X C C C C N C7 0 E ca E 0. 3 H ....-00-000 - _ - - - - _ - o [0 m x ¢ cc co c0 80 O elf eV N N CV EV N lV N N N CV io eD ea ipiflepC44�� P U� m r N 07 I 1l1 el? � 0? a; 0 r N C) in CO Y� CO 0 O N C so t0 h 80 0 p r N a) U U U U U l.i U U U cu c'.1 CV CV N N N N 'N N c? M a) Cr1 A eh U U U U U C U U c3 c� U U U U 0 d c)UUUOUC 0U a CO �,{1.� r H iL D H Z n >.: C'r -- vvI AMOUNT 11 • Cl_ AMOUNT F-w zW action Resources Ho'lister TX 77080 i7 -4003 AMOUNT 0 00000 000 0 00000 goo CD dick a 06 odtt7 co NONt OCD ca c) LC) co .-0 OCDN Noc CG rdrl: V' r-f7C6 m r- Il) f m r Nt c) 44 64 fA fR '- 0 c' 1 � � N m- O L r ) N a Q p- N4 0000000000000000000000 00000000000000000O0000 66CL)pir NI: tCiOCVoddo6 oGD o6CV 00 00000MI00[ -aA O0000NC0CI L C ) r ON Tt oNLOCOr�MNU?CDCDo0 CJ[ro�l. NJ V` OrCA N[170Crie"Jm 63c+700iOteNN,t".9., r r,r ffi m r r lf? to ct ,-07.-.- 6,40-69. (0,E19-69-69- € 4 69 6g b4 bg fR 4. d4 69 U 0 00000 000 0 Ln 0 0 0 0 o o In N 4ovvc� Lriori r 0 r in 00 0 0 N N 000000000000000 000000 o O 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 O 0 0 0 ooeiNf rticd►-ocD0000000 Dog.- o0 r r- a)LD0000CNO i r [CEO 0 0 O IC) 0 to tO s- V C.4%-. N M COQ) dad CV r r 7- >-CO>- Q W 7-COLL. [O GOJ000J GO _I 1 U. 0., 0007- }>- Q7- Q}CO¢u]¢a U_ COLL_QQLL_I�LL < J WCOCOVr 0WCO.JW JWi1}JJCOW Ili -IJJ • o OOrulCV 01 OD V` Cn O O OD 4) CD eD U C oe 'RrD) M O 4 Q. r Z C*4 rNNMcoulc7NrNre ' rNrCDrrN0t r ? r" of Co N N CO CO fi� ceirir5 N BLUFF DRIVE PHASE 1 FROM SPII M PHASE 2 FROM GRAHAM TO DC IO eject No. 6498 & 6499) DESCRIPTION E N 4l CL 0 ❑ 41 L L) Q 1)?-ti 0> 0 m? 0 ` 2 (101- ❑ =� o Q m'C l- LLL..m 7 O .i d] gvH c1i U� CU C `a 3 0 v m :: N c O m =°Cj°i� UE E 1 0C (ISo)roo - coo T00 —F-01-070.1-0 LAI h- < z a" a CA cli W • Z 0 :0 _ t0 Z r 0 Q; Q as c- C�7 E -5 a � N U 0 m N ._. ¢ 0 CO -C>.> c 'g U m c v o U D- C1 U Q 11 to ig_ -0 2 c/J 3 w v w y a c 'O o) ln�C t0 M O(9!= pN2NcLiBA) ccCHcnTjoU Z c° t .E1&.--- a; L C) d? N N Q) w X w 0 4) p) 0 CL WL >c_llEOZ��U0e0- oacc°iCJOEE FMxoa°)n zdEEdwa) omdaEimnOsaiivCn 40 W()C9CnaNEr(0E- cc cc cc 0. WF -cc cc w pc r Tr U) eD ti CD co O LL = r N ' „, r LL LLLLLLLL LL LLLL r N c ? 1' L 9 eD r ED 9 O r N N] up KO h CO 61 5, z N Cl N N N N N CV CV r i i i I9 (7 (9 (7 N eI V CV N N N N N N CV C 4 N J 0C900709C9{9000 00 o co co CC a)OO Oa ca r 0 _ ~ Ofl = N O 0 -Fs C 0) N r o U r 0 0 CD H z 0 Q H z 0 Q 1- z 0 Q 0 0 0 0 0 0 0 0 0 0 o0CD000C7CD 0 it) 0 c00Qa 6 00f�� CD OD OD T- C3 (0C1 (0(0 • (f) N- N ° di 69. 603 EA 00000 0 0 0 0 0 0 0 0 0 N e O O O N •00069 69. �c iri (.4 ni N 69. 00 0 0) rd) $29$,023.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 060000 [11g00 O007)0000 x400 c7 0cow0CDcDNCD 0 1Nn °c°no 664 �v� EH 69 69 69 64 0 M 13 3 LU 0.' 0. O H G 0 cn O w W —J a w 0 LL m O 0. z cn 0 0 W a 0 s or u. N w a 2 EL Q PATRICIO H z 0 0 0 0 113 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 O0cr. cr. I,.C7C01A0 000OO O O 00000 Cr. 0000 OOOOGa)00r)ci Od'6gr Z O r I�000000 ni OG 0 r r r r- 0 00 CO C C0) r N 0 O 0 1l) Q er ci 'o H M Q¢ Q Q¢ Q Qa W IA LL U- W W W L�JJJJJ {Ii CO (n�flJOj WJLaEIJJJ re re Q W r) 0co0CD00 MOT- 0 r C4U7 OO'7ODC r0 W p0) O) co OD CO C4 1q u70 OTl r CD 10 O*) ic) O O CO O r N r c0 ON N cri rcri Z [V (City Project No. 6498 & 6499) z 0 H 0. 0 W LIJ Z C, ) a co as -a-° 0t U¢ l ix J a y as 0� 0 v 3 F- Vv c C N o 0 v DN¢Sr `p) ^ Q 0 t 0 a: I) m— E ir) CO en CD CD CD en � E i V a. 0. as 0) .. c c c C_ c c c E ❑O N 2 N r, N N C= 2 ="-- .-E 'E w Y E w w co y v a- t4 x X '� z q) Y E yy NI u7ma) acarocsEEN c r)a �- rwnarm cc : 22222 y >Q c co �, �� (0 c a o Q p c C c c c c a o�. o) o tca Z `� = T= ;� o m 2 a)) 4. c to a s w w w w w a) a- ,a crj .c C N in--. i.,..1- 0 0 0 .r -a .IS aELEEEEEE cnw• w �gfl c:s �, yEwa)•_to W ui w co ca as N as co _ca i O a O (] Q) 0a {tl t C 0a l4 — O p rc.OrgOnOAQ0. fq LO N c"1 ' V) cD {.1'."5 5'.1 O1 [5 r 'TN 1 S IIITII=i2 coc CO Ts. aorno Nc1) au,cpt~ OV N N N CV N (,) M M() M C f 7) C? N N N N [u N N N N N N c'�1 N N C7 C9 0 0 CO O L O C7 C 7 C O 0 0 C7 0 Z A ALTERNATIVE NO. 3 PART H 1- z 0 2 1- 0 �w -U 60 cD E O 0 DO a O O N L cn O O 0 07 N r = ce 0 0 u~7 0.; I•- z 0 H 0 Z 0 ~ 0 0 a I- oI- a W cn _ ILI 0 (D CiI U I N W CO I0 LLL = Z 0 CO 2 0 o 2 d/ OaQZ' 1— z DESCRIPTION HDPE PIPE 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 CD co 02 6 QTOCC16cSci6 nt OOOCC4 10 00 co CD M(4000C. nNODop DT001CD N _ 0 0 01 NCI01I. W 0rloI-CIC1NN I,- n- co... 101 C6 r- Mn OIL OCI OC(D cs 000) COT QN r CCOr 1r�rnt 0tir 07 u7TI�rNNI-O. co NM 646469Ol364TTc TT 64 6464r-(A -64- 0Cfl64 r 1 0 r1 01 000000000000 0000 13 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co 0 5 0 0 iNi(nCc6Li.nt4in CiOiNOOOOG4 0(O CO CDOON C.NODODOrC+'s(DCDOD T. CO T a 0 00000000 0 00 0 0 0 0 0 0 0 0 0 0 0 0 C7 OOOV C0(nI:6 (O c6 OS 0 CDC5 OD00h00CD T N0 I� N0 CDNNI,. CO1� CO_ If -N O CD Fr C7T61'MCiN T r: .4 44 64 0 40 6 64 Co) 69- 69 64 S.,0 0 0 0 0 0 0 0 0 0 0 0 (D 00000 0 00 D00 °oo- rivvaa(Q r. T(D141 NT ate+ (ya a JJJJJJJJJJ _J -IJJJJ Q OitlJ c" wQw(AJwC)LUu)CO CO 07 EL 4C 2 st CDCO f- NN1nCONTN(DC.ODN(D d H1-0 IS. III OD ODOTNCnis)in 4 (OM C01[» IsNI.00TN0V)T- t,N.CD �Ti0r_ M1 >1' co �Cp' CD Tnr CD CO I. O CD CO T(D O N C. CI CO 0— . -in N T T Z Z 0 re 0 r-NC04 �T w O w 2 a as (0 w W 3 re w z ix /� Fw- 0 W (0 is �' r V J w re ce 6 X c U d 'C ?,NQ w �N CpiC CO '0 (a . ca O in .9.2 ti rn 7 . N ar a1 (0a I° N m C m m a1 u C ca-n,_ 0 w 4 7 c ..+ C� Iq � a1 � H co03coa1 a 0:0 a. <.0oou (/)o����E C > > N a1 « is 17 -C3 w :J (aa�a�roro._. w_ 0 0 0 0> a`os .D F�aiaaa'isa)a) � Z u r N M I '9'9 n (p C7 0 i YYMYxsiYY77 1- he he I- CO - O N 7 a100 CO (4 CC CO CO 1 CD 11I_ d N .*00000000wwwwwwww In a) OILad CLaaalLaaELCLCLLCLL Ott) zUU CJUUUUUQna❑o❑❑❑ Z c(n wErW r4 r W CCWtr22222222 WO' a9'a ID m m 0 0 0 Is a s 0 s el 01 @ > CA 0. H 6 c6 O CD N aD ED iO 6 tt O :D N CO O I" - s QTr 04 00 er e'CDTT04r,C,et nr CO ti Z N 09 et in (D ti 4W 0 r N 01 Tr CO (A Z r N w$44nr a444 a 44 m'li J -A-4- a 4 H z 0 2 w ZV—a. z 0 2 N O O CD Ce t5 0 CA O U C to- = U � CD 0 CI 0 U) OTC a a u. u. m 0 J LL GRAHAM PHASE 2 FROM GRAHAM TO DON co co 0 r- f` l- e O N 0 M O O N- it) M 1- z 0 2 0000.0QOQO a (.6 O N. cci 0r63 Lt)' in kri 64 69- NEA $236,548.00 0 OLn00000000000000 O 0 000 O o r~ o 0 o o LC) o O Ln LC) 0 0 0 1- 'Cr O O Ca vi C,o N O O "Ci vi C11 O O c l 00 t€ O O c+6 N LC) r G O C d' N. co Co O N G) N. N. 1 O N. Lo O N v 0 C�) r (+ 0) 0 N N CG 0) 64 !� cp. O) O co tb LCl CA C7 r M 69 H4 64 r r [V r 6f} U4 63 b4 r VI: w 64 4R o CO 64 69. 69. 64 Ei} 6I4 64 ER 6} r Eli 64 Fw 1- z 0 0 0 0 0 0 0 co O LC) O O O O Ln O 0 0 0 0 0 0 0 0 O O 000 0 0 0 0 0 O O O Li) N. O Cp `Lt CO I. - d O LCl O 0 0 N mr. of 0 O T CO to Ln r~ cn ai o 0 0 O O O O of CA Lfi 0 6 L") C7 r r 0 0 6 N Cri M r) en).- (1)} N } Cl} coil- N } L _.311. LL � _.ILL 11 - lL LL LL Q Q Q ¢ Li J W LLU LU N r 0 CV CO CO CD N. CO CI it 0 O Lt) 0 0 r CO C) r LO N _ O c o r r 0 CD 0) 0) O O ti r O r CD Cr) CO CO r 0 0 d' O p) o) r r r 01 r CD 0 C+) r a r oc LC1 C7 C7 r C) ri op aLi co Oi r r 4:1.7 tn. r) N 0) 0) c) co 0 0 z o4) o a a5 DESCRIPTION y R r N E N C.D Q .2 >to CO U _ S A ,. a:E 6, o°o o o cn ;.. °' ~ d .60,' C ppj 7 v`�'-a•..Q v.'�.`N'rvrria q) a1 co` 1m r1) mcDU7p,�Q� c-i >, e rno)vlrnrna)a0)0)D) E E u 0 CO �ii N cD ti N 0 cc 0 0 c a c c c c c c c C c c E E E "' 0 c p o� Q C Q LI..c 7-3 E> ` Y` X` -E Y Y` Y ° 0> > h vi p 0) C) O vin x --- ,x `' W 0 to c > CC -a ca co Co co Co co co co co C6 E E CC) cu to U1 R cirri ,..2v¢ c12'c 3 02222222222 > >0_ 0. Q � i AMOUNT e e e I UNIT PRICE , Reytec Construction Resources 1901 Hollister Houston, TX 77080 713/957-4003 AMOUNT F — LLJ z EE H Z D 0 2 Q L uJ z IT Da 47.00 175,000.00 4,800.00 16.00 3.00 80.00 8.00 200.00 25,000.00 120,000.00 60,000.00 80.00 iiMENTS (Phase 82.00 85.00 100.00 103.00 125.00 174.00 225.00 460.00 3,000.00 4,000.00 3,000.00 3,700.00 4,100.00 4,500.00 5,000.00 FLOUR BLUFF DRIVE PHASE 1 FROM SP1D TO GRAHAM PHASE 2 FROM GRAHAM TO DON PATRICIO (City Project No. 6498 & 6499) r E D 1- I- 0 DESCRIPTION 0 0 0) 0 OD 0 ti X F 0 0 6n 0 T Z 0 c) O 0 h L0 rn ti 1- Z 0 z 0 Q 1_7. LLJ GRAHAM PHASE 2 FROM GRAHAM TO DON F_- Z DESCRIPTION 0 0 0 0 0 000000 0 0 0 0 0 0 0 0 0 0 0 0 000000 0 0 0 0 0 0 0 O 0 O O d d8Od00 OC7ehoOo0 o 0 p p 0 0 0+ 0 0 0 0 O N CO 0a- 0 0 OO 10 N CD O 1n CD '- 0 CO N. CO r O 0 CO 0 O) O 001cire; W L0Or M COrr 40/ 64 C',11 4A d3 19. 614 fa 64 V rNCO CO10r 4R r63 C.1694#4 o 0 O C 00 O 00 0 ooN u7 0p 1170 O �C) C) C) r 6!3 N r 6N4 4R IB t 69 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a ?+ 0 0 0 p O 0 O 0 o- g o o d odd da�r 'tr:og c60coi:6666 O O Q O 0000 O ON r�O 0- ro>No co 1t co 1j) r- Tr N co 0 1C) in co. r 0 co ill , o 47 r C7 117 O 7 CD CA CA O N N c Tr 4D se Tr- Lit m r N as .c a. uJ W W W W WLiWWWW wJJUUoQW -- IJ�WuiUJW CL iii 4 r r co r r , Nrrr- ra -r00NN d Wi170 icr 117N tn 1()r 1.f)CNn000T O_ >100 r g M r u7 in' 1N m N " 0. 4 - _ CO ix m as C) 0 C) a a o o o j r c IS z To s = .1 -- F-o o 0 h C m s c 0 0 0 c F }- m0 0 Q � m w o0 E € w 20 =m . 3 0 a; W 4.' c 0 6 0 Q 0 .0 .0 F-5 E N p)0 J �U¢¢ x C U) CO u] 03 3a a'"i o 5 c Q a¢a�m0°J .. a� o a- a: 0 «� r w e O) co C GO •^ N CA N O3 N O) 3 E C N C >^ L m V 0 0= 0IX .� C 10 0 0 `0 i 0 22 m N y� W w.°. E� G m wtt_ «D 3 "' C d 0 0 0 0 0 ^ a,0 CO 0. �a o o N X� X° 0L mm 0 0 0 0 0 x a W W • J J J J J JH iy`0 O (DL170 Q 0 0 C_ to C U- "i17 iL7 LD 'it CD f� ti (.7 d f*1 ry V m 7 N= N m C m > U m x2X X >C x�x�- xxxv��io��a�� �oLa�iaa) -p [n cry - - c.� e.� a a a x x x a�i m x E m E d t7 H ❑- �ro ipincvo_�xw_ Fm�m. - o FT- isFTi-Hi� F- r- Hcn2in M ininUrnrn0FWF -cna) aIXaQivbaoD to [� CO CO 0 r N C*) 10 <C N- CO 0) 0 N tr) Z r N [+1 1C) (0 h aD r r N N N N N C1N N CV C�11�1CO<`?C7t? W222222 2. 2 J J J J - J J J J J J J J J J J J J r- a 1- z M 0 2 _ 0 t U_ d AMOUNT 1-0 222, =a Reytec Construction Resources 1901 Hollister Houston, TX 77080 7131957 -4003 AMOUNT 1--w Q BLUFF DRIVE PHASE 1 FROM SPID TO M PHASE 2 FROM GRAHAM TO DON 10 ,ject No. 6498 & 6499) z t 14 345 3 DESCRIPTION Q) 0 2 r 2 N c) e• cO CO I+ CO 61 0 r N CO 1- M3 CO N N (V N N N N 2 2 i 2 th i i i 2 2 2 g 2 2 2 - 5g I+ m C) N N N 2 2 2 C r crl M 2 2 N C7 L N C er l*) P7 IX 1 • • z 2 2 ua z z z z x H J Q H z O H z 0 tw a 1901 Hollister 0 CO 0 t.,, I,- 0 N r." Ql m to T o 0 ~ z 0o co 0 0 O _u. T LU g S as Lt. co N W W 0 N Q Z m g c ==E.a ogaz' z 0 I— L61 1— z a $5,380,652.35 W ° 0. E 0 W U v 0 > C C 4QO � 00 4 0. 0 CD co 03 a? U 0 0 o o co co 1.0 N M N o 0 t7 0 co 05 to ups QS 0 N Cr) 0 0 0 0 0 0 0 0. 0 0 co 0000 i+o00 nr 0 - N. C' 0 0 0 0 0 in 00 tf) M O O 10 N 0 417 `J: _ w p00 0 0 0 0000 000 0. Opp 0 0 to 0000 OD to 0) r. 0 0 (+T (+) 'C7 g (D 4 '� 000 P) co DO yTS^ r r O 0 O n a es r 2 1... c MI 0 Mi wlcac >- 0 03 J IA- >- �JJ Et x J am cry 03 (0 m Tr)(00 toTM 0. d r w tj a) 0) '- to (0 0) (0 03 ID A 1. m W W 00 r 00 00 00 0 I� ►� IX T r T r (� T Z E w Z +-' M w 0 m a °a 0) w Z T a ^c�7 d m w a m CC w c'2 a a �� v .� W to IC o at i ' (� yLayL G C i+ r,_ .-■ 7 G Q a 7 O Q L U 7 N tip 7 Q p . y In a 0 n' uJ ❑❑ (� 0 0 Q N I— U a CQo . °° 3> .Cp O C 4 yN tot to"o2o0 °001� o= ~UQ C ~ O$a)•g oLIe o a-ac00 O+oy Z vi� y = ^y oao V ID 0+6. E a) 0 � z o°1N E v_ W. 7 E N P. I- o 0 e G p -6 0› e 8 :• o y r Q r p c 1p 0 01 ? N m I- T3 O c act��0 -00 1=OQI C�0.HC0 4¢na rnfOaa a a a_aaa� to Ia J 4 0 0 C 0 0 O 0 to M 6 1• 4 ALTERNATIVE NO. 7 1 indicates an error 0 W states, "The Unit d N o c o _3N 0 03 Ur t•-• 0 C.) z a) ct BID SUMMARY O O u) in NI: ▪ I) cc 03 tn r- aS ' 69. $292,295.40 $544,493.00 $5,380,652.35 0 C -0 ` c4) c ▪ E E U as ? CC O ('c N a E to o to = to r ,r U a *• a3 v 0 Ti- N U (1) C c' U @ °�� O� N • a U.q^ 0 • ao a v d • o. V ill 2 !4 0- • CO - as W i• i To 2 'I..i] y N 05 0 Z • C§ E 4! a V E 0 2 C c i • 1— • 0 = w 0 CI 0. j, t.. .J : ili e- N N c") ▪ I No �O r co all a° __- T o`° UN °a z z °z z z • mz z 61 Z< a� •w > m > > > > m > 2 > 2 > o 3 .mc co ai F H H h a F` � I- a I a ° fi a ate- a ¢ ¢ a,1 a ¢-- ¢ co �� z u- z o z i z_. z- z Y z a z d c .1 Ix ct ar cc .t Ix vc= tx = =� 5= al t4 u1 co W m W co U.1 m u1 co W to W m 1f! ca 0 0 ~Oa Ja -1 -a Ja _i Q. Ja -1 is y 1— < Q ¢ ¢ 4 4 ¢ —510— The totals reflected here are the Unit Price times the Quantity. A 44 0 U W W N 0 0 0 3 0 r0 :o 04 N O 44 % a 4) 0 m ▪ H .4, 0 '34 rn N 14 0 m N -I 8 N .4 -.1 • 4 N • E H O m m A 3 b H 5ectiou 8 -2 -7 PROJECT BUDGET FLOUR BLUFF DRIVE PHASES 1, 2 & FLOUR BLUFF DRIVE OUTFALL SPID TO DON PATRICIO (BOND ISSUE 2008) Project No. 6498/6499 December 14, 2010 FUNDS AVAILABLE: Streets CIP (Bond 2008) Streets CIP (Bond 2004) Storm Water CIP Wastewater CIP Water CIP FUNDS REQUIRED: Construction (Haas Anderson Construction) Contingencies (10 %) $6,850,000.00 $173,543.35 $2,050,103.90 $58,750.00 $1,101,119.75 TOTAL $10,233,517.00 Consultant Fees: Consultant (Urban Engineering, Inc.) Basic Fee $787,800 Additional Svcs. $595,700 Geotechnical Testing (Rock Engineering) Materials Testing (Rock Engineering) - Estimated Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Observation Services (Included in Consultant Fee) Finance Administration Misc. (Printing, Advertising, etc.) TOTAL $6,239,638.55 $623,963.00 $1,383,500.00 $17,000.00 $77,452.00 $28,000.00 $36,646.00 $0.00 $32,000.00 $18,600.00 $8,456,799.55 ESTIMATED PROJECT BUDGET BALANCE $1,776,717.45 EXHIBIT "D" Page 1 of 1 December 7, 2010 . • Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi R O. Box 9277 Corpus Christi, Texas 78489 Subject: Flour Bluff Drive Phase 1 from SPID to Graham. Phase 2 from Graham to Don Patricio Citv Proiect Nos. 6498 & 6499 Dear Pete: Job No. 41920.00.00 TRANSMITTED VIA EMAIL AND.ORIGINAL MAILED Urban Engineering has received a copy of and reviewed all of the bids submitted for the subject project. We have also received and reviewed the inforrnatlon required by Sections A- 28, A 29 and A -30 of the Contract Document Special Provisions to be submitted after the bid date. We have investigated and found the bid package and experience record of Haas - Anderson Construction, Ltd. the apparent tow bidder, to be very satisfactory. Attached please find a Bid Tabulation and a copy of the information required by Sections A -28, A-29 and A-30. It is the recommendation of Urban Engineering that the subject project be awarded to Haas - Anderson Construction, Ltd., for the Total Base Bid (Phase 1 and 2 combined) plus Alternate No. 2 (turn lanes), and Alternate No. 5 (MIS conduit) amount of Six Million One Hundred Thirty -Nine Thousand Six Hundred Thirty - Eight and 55/100 Dollars ($6,139,838.55). MFHlsk Enclosure xc: Haas - Anderson Construction, Ltd. Job fife (361)854 -3101 Sincerely, URBAN ENGINEERING 76q4/- Murray F. Hudson, P.E. 2725 SWANTNER OR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854 -6001 www urbanong,com TBPE6ri i2 -145 \ Mproject \councilexhlbits\exh6498— 6499. dwg oSO coollfr PROJECT LOCATION Flour Bluff Drive Phase 1 — SPID to Graham N 1 PROJECT LOCATION Flour Bluff Drive Phase 2 — Graham to Don Patricio PROJECT #6498 & 6499 LOCATION MAP NOT TO SCALE EXHIBIT 'F' Flour Bluff Drive, Phase 1- South Padre Island Drive to Graham Phase 2 - Graham to Don Patricio -513- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/16/2010 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/14/2010 AGENDA ITEM: Ordinance changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683, regarding the number of police officer positions budgeted, pursuant to Article 13 Section 0 of the agreement between the City of Corpus Christi and the Corpus Christi Police Officers' Association by increasing the number of "Police Lieutenant" positions by one, and reducing the number of "Police Officer and Senior Police Officer" positions by one; providing an effective date of December 20, 2010; and declaring an emergency. ISSUE: Amending the ordinance according to the agreement between the City of Corpus Christi and the Corpus Christi Police Officers' Association August 1, 2010 to July 31, 2015. BACKGROUND INFORMATION: Senior Officer Eugene Hernandez filed a grievance regarding failure to promote him to Lieutenant. The grievance was upheld by an arbitrator. Officer Hernandez will be promoted to this position created by this ordinance. FUNDING: The cost will be $4,818 to be absorbed by the FY 2011 Police General Fund budget. PREVIOUS COUNCIL ACTION: Adopting the Budget Ordinance on July 20, 2010 REQUIRED COUNCIL ACTION: Approval of the revised ordinance. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the revised ordinance. Attachments: —517— D. roy Ri • gs Chief of Police troyr @cctexas.com 886 -2603 ORDINANCE CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 REGARDING THE NUMBER OF POLICE OFFICER POSITIONS BUDGETED, PURSUANT TO ARTICLE 13 SECTION 0 OF THE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, BY INCREASING THE NUMBER OF "POLICE LIEUTENANT" POSITIONS BY ONE, AND REDUCING THE NUMBER OF "POLICE OFFICER AND SENIOR POLICE OFFICER" POSITIONS BY ONE; PROVIDING AN EFFECTIVE DATE OF DECEMBER 20, 2010; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2010 -2011 Operating Budget adopted by Ordinance 028683 is changed regarding the number of police officer positions budgeted, pursuant to, and in accordance with, Article 13 Section 0 of the Agreement between the City of Corpus Christi and the Corpus Christi Police Officers' Association August 1, 2010 to July 31, 2015, by increasing the number of "Police Lieutenant" positions by one, and reducing the number of "Police Officer and Senior Police Officer" positions by one. SECTION 2. This Ordinance takes effect December 20, 2010. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure this the 14th day of December, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: December 8, 2010 Lisa Aguil r Assistant City Attorney for the City Attorney C:\D000ME- 11IisaA\ LOCALS- 11Temp\XPgrpwiselPolice Lt Ordinance V6.doc —518— Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: l /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/14/2010 AGENDA ITEM: Ordinance amending Section 38 -46, Code of Ordinances, City of Corpus Christi, by adding a new section (i) to regulate aggressive panhandling in public places and by providing that a culpable mental state is not required; providing for penalties; providing for severability; and providing for publication. ISSUE: Amending the ordinance to establish a policy to regulate aggressive panhandling in the city. BACKGROUND INFORMATION: In 2009 a survey was conducted of the Downtown business district which revealed aggressive panhandling as the number one issue. Individuals were approaching business and hotel patrons for money, etc. and becoming quite aggressive. Additionally, at the South side retail areas, officers were receiving more and more complaints of patrons being approached and being badgered for money. Council Member Mark Scott also fielded numerous complaints regarding aggressive panhandling. In light of these issues, a stronger enforcement approach to aggressive solicitation is necessary as it is disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder. Additionally this approach will provide for a more aesthetic environment in the city. A person who violates this section shall be prosecuted for a Class C Misdemeanor and, upon conviction, be subject to a fine not to exceed $500 dollars. Officers will issue a warning citation, but arrest is possible after the warning. The ordinance also provides for officers to enforce panhandling on parking lots and sidewalks. REQUIRED COUNCIL ACTION: Approval of the amendment. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the amendment. Attachments: Ordinance -523- D. Troy Riggs Chief of Police. trovr4cctexas.com 886 -2603 i Page 1 of 4 ORDINANCE AMENDING SECTION 38-46, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A NEW SECTION (1) TO REGULATE AGGRESSIVE PANHANDLING IN A PUBLIC PLACES AND BY PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety, and general welfare of its citizens; WHEREAS, the City Council finds that establishing a policy to regulate aggressive panhandling will provide for a more safe, secure, and aesthetic environment for the citizens and the city; WHEREAS, the City Council finds that aggressive solicitation is disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder; and WHEREAS, the Texas Transportation Code Section 552.007 prohibits a person from standing in the roadway to solicit a ride, contribution, employment, or business from an occupant of a vehicle, except to solicit for a charitable contribution authorized by the local authority; WHEREAS, the City Code of Ordinances Section 38 -46 provides for unlawful solicitation for charitable purposes; WHEREAS, the aggressive solicitation includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abuse or profane language to cause fear and intimidation, unwanted physical contact, or blocking pedestrian and vehicular traffic; WHEREAS, the presence of individuals who solicit money from persons at or near banks, automated teller machines, public transportation facilities, and crosswalks may cause fear of crime in a place that is confined, difficult to avoid, or where a person might find it necessary to wait; and WHEREAS, this section is intended to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, and not to limit a constitutionally protected activity. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 38-46, Code of Ordinances, is amended by adding a new subsection (1), to read as follows: AGGRESSIVE PANHANDLING ORD 11042010A_1 —524— Page 2 of 4 "Sec. 38-46. Unlawful solicitation. * * "(i) Aggressive Panhandling Prohibited. "(1) Definitions. For the purposes of this subsection: "a. Aggressive means any of the following acts: "1. Making any physical contact with or touching_the solicitee in the course of the solicitation without the solicitee's consent. "2. Following a solicitee, if that conduct is: "A. Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession or "B. Reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. "3. Continuing to solicit after the solicitee has made a negative response to a solicitation, but does not include a request for reconsideration of the denial of a request for a commercial or consumer loan under normal business terms. "4. Blocking the safe or free passage of a solicitee or requiring the solicitee, or the driver of a vehicle to take evasive action to avoid physical contact with the solicitor. "5. Using obscene or abusive language or gestures toward the solicitee. "6. Approaching the solicitee in a manner that: "A. Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession or "B. Is reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. "b. Person means any individual, firm, company, corporation, organization, partnership, association, or other legal entity. "c. Public place means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, parking meter, alleyway, pedestrian way, or the common area of a AGGRESSIVE PANHANDLING ORD 11042010A 1 —525 -- Page 3 of 4 school, hospital, apartment house. office building, bus, bus station, bus stop, bank, restaurant, or business establishment. "d. Response means any reply or imperative instruction by a solicitee to a solicitor, the solicitee has been solicited or approached by the solicitor, whether verbal or non - verbal, to stop the solicitation, including, but not limited to, the use of gestures or words such as "no, "not today," "stop " "back off," "stay back." "qet away," "leave me alone," or "withdraw." "e. Solicitation means the act of panhandling by seeking through a request, by the spoken, written, or printed word, or by another means of communication with another person, an immediate donation or transfer of funds, goods, food, personal favors (such as transportation), clothing, drink, lodging, vehicle fare, or any other item or service to directly benefit the solicitor or a family member of the solicitor, regardless of the solicitor's purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered. "f. Solicitee means any individual to whom a solicitor directs a solicitation. "q. Solicitor means any person who engages in the act of solicitation. "(2) Offense. A person may not make a solicitation in an aggressive manner in a public place. "(3) Culpable mental state. A culpable mental state is not required, and need not be proved, for an offense under this subsection." SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AGGRESSIVE PANHANDLING ORD 11042010111 —526 -- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 2nd day of December, 2010: R. ay eining First Assistant City Attorney For City Attorney BBC CAPITAL LEASEORD 12022010.DOC —527— 2 n 1 1 r u-) 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/1412010 AGENDA ITEM: Ordinance amending Section 53 -109, Code of Ordinances, City of Corpus Christi, regarding operation of golf carts on Mustang and Padre Island, providing for penalties, providing for severance, and providing for publication. ISSUE: Amending the ordinance to allow the use of golf carts on certain public highways on Mustang and Padre Island. BACKGROUND INFORMATION: Residents on Mustang and Padre Island approached the Island Strategic Action Committee and suggested an amendment to the golf cart ordinance to allow the use of golf carts on the Island. The Committee met on November 9, 2010 to discuss the suggestion. City Attorney Carlos Valdez attended the meeting and stated the City would consider the suggestion. The attached map shows the allowed areas in yellow as well as their proximity to the golf course on Padre Island. Golf cars are allowed to drive on a city street where the speed limit is no more than 35 mph and they are also allowed to cross a public highway at a marked or designated crossing. PREVIOUS COUNCIL ACTION: On September 22, 2009, City Council passed an ordinance prohibiting the operation of a golf cart on a public highway in the interest of public safety. On October 20, 2009, City Council amended the ordinance allowing limited operation of a golf cart on a public highway of not more than 35 miles per hour. REQUIRED COUNCIL ACTION: Approval of the revision. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the revision. Attachments: • Ordinance • Map -531- D. Troy Riggs Chief of Police troyr ccctexas. corn 886 -2603 Page 1 of 3 ORDINANCE AMENDING SECTION 53 -109, CODE OF ORDINANCES, CITY OF. CORPUS CHRISTI, REGARDING OPERATION OF GOLF CARTS ON MUSTANG AND PADRE ISLANDS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 53 -109, Code of Ordinances is revised to read as follows: Sec. 53 -109. Operation of golf cart. As authorized under Texas Transportation Code Section 551.404(a), a person who holds a valid driver's license may operate a golf cart on a public highway with a posted speed limit of not more than thirty -five (35) miles per hour if: (1) The person is employed by a political subdivision of the State of Texas, and is performing a duty for the political subdivision that requires the operation of a golf cart owned by the political subdivision; (2) The person is crossing a public highway at a marked or designated crossing that connects portions of the golf course separated by the public highway; (3) The person is employed by a restaurant, hotel, or tourist related business, and is transporting guests in a golf cart owned by the restaurant, hotel, or tourist related business, to and from the parking lots to the business; (4) The person is employed by a restaurant, hotel, or tourist related business, and is transporting supplies between two (2) facilities under common ownership in a golf cart owned by the restaurant, hotel, or tourist related business;',. (5) If the golf cart is operated on a highway within the city limits on Mustang Island east of S.H. 361 and north of Packers Channel; or (6) if the golf cart is operated on portions of Mustang and Padre Island within the city limits that are south of Packery Channel. SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional Icy 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 ISLAND GOLF CART ORD 10122010 —532— Page 2 of 3 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. ISLAND GOLF CART ORD 10122010 —533— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 2nd day of December, 2010: R. , y eining First Assistant ity Attorney For City Attorney —534— BBC CAPITAL LEASEORD 12022010.DOC 2 1 Ertl PRO MOO 0 —535— 5. 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C 4 co L O •— L +, a)• o�o -wO Cl) 0 a) 0_ CaE� �-c (1) L ( m o .v 0 O �c • O�� o M C M n O L 0 Q— • cod co O o > c .co _ U CL O ' o .— co 0 .� � •LL c O U V L p co - U) a) O v) - C C � M CO >, o co a)-- (o E U Q O ° U N CO — C CO ID —C CO L (0 — • L O O co O U) • cn CO D v) 0 L O E co N co O> Q 0) N o Q>, (0 1E -9 Q O-c (0 silii L L LO 4 „ (Z U O ( UD}' O� L V (DC p '5 O Q O m 5 co •(7)— F2 � Q C— • 1E .L •, O) U N N N M • 5 L O c N >, Z a) Z Q-0 Z O 45 O p o c coc 0-0 W p W L p O 5 L W 5 V) U Cl) o U cow O N ti 31 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on Corpus Christi Intercity Visit to Oklahoma City on October 5 & 6, 2010 STAFF PRESENTER(S): Name 1. Rudy Garza OUTSIDE PRESENTER(S): Name 1. Foster Edwards 2. John Michael Title /Position Director Organization Department IGR CC Chamber of Commerce - CEO CC Chamber of Commerce - Board Chairman BACKGROUND: On October 5th & 6th 2010, the Corpus Christi Chamber of Commerce led a group of community and business leaders on an Intercity Visit to Oklahoma City. The purpose of the visit was to gather information and to tour Oklahoma City as it pertains to revitalize of their community in the areas of downtown revitalization and investment in educational facilities as well as the funding mechanisms required in accomplishing those community goals. As requested by Council during the October 19th meeting, the Corpus Christi Chamber of Commerce will be provide a formal presentation on this initiative. REQUIRED COUNCIL ACTION: None udy D. Gar Intergovernmental Relat :I- ctor rudyga ©cctexas.com 361-826-3082 PowerPoint ❑ Supplemental Information ® Trip to OK City, October 5th and 6th Agenda -539- Page 1 of Corpus Christi intercity Visit to Oklahoma City October 6 & 6 TRIP '1O OKLAHOMA CITY Oct ber5 &6.2010 12:00 Noce — Kickoff Lunch •- Welcome and Overview of Olclalaama City Renai ssa rx e Location -- kit in Motet Or >tetio We nn Club — It is in the toweracross the plaza from the Skirvin, offers great views of downtown and redevelapmen Speaker. Maya Mick Cornett fn this session. Mayor Cornett will present a reviewof the Oklahoma City's last 15 years and the combination of decisions and actions that have revitalized this community 1:15 Break and Load buses 1:30 Bus tourof FJawrlto unAt+eaf MA PS projects Cynthia Reid, VP. Marketing and Communications, Cheater Oklahoma City Chamber 2:30 Downtown Redevelopment Locations — Ronald J. Narick Downtown Libr - Auditorium Panel; Russell Claus, Director of Planning, City of OKC; Jane Jenkins, President, Downtown OKC, Ina; Joe Van Bullard, OKC Urban Renewal A Wholly In this session, srmkerswill review the pri vats sector redevelopment happening in Downtown that followed the publio 9octorinvestments ct Oklahoma City's first MAPS lxagram. discuss the new projects underway and the plans for an ever mater downtown. 3 :30 Funding the Future Location — Ronald J. Ncrick Downtown Library- Auditorium Spier Catherine 0' Connor, Assistant City Manager Oklahoma City's aggressive redevelopment came with a price tag. In this session ue'il learn how this city used creative options to bring sane of its most exciting programs to life. 4:30 Walk hack to Skirvin (or bus, but it is only tuts, blocks) 6:00 Load buses bat Chesapeake Boat House 6:15 Reception 6:45 Dinner — the Oklahoma River Story Speaker: Mike Knopp, Oklahoma City Boathouse Foundation What began with the dmam of a handful of rowing enthusiasts aorabi nett with the luck of a perfectly aligned river has burgeoned in less than five years to become cried the world's tap rowing venues and an Olympic Training Sine. In this session, we'll learn how passion can make art undcrused asset an incredible advantage. 8:00 Partidp+ai5ts enjoy Bricktown en their own. http: l/ carpusch risticlaambcr .orgibiogfwp- content/uplir 4 1 O/08 /Oklahoma- Trip - Day -1 .1pg 12f712010 Page l of 1 Corpus Christi Intercity Visit to Oklahoma City October 5 & TRIP TO OKLA HOMA CITY October 5 &6, 7010 WEDNES DAY. OCTOBER 6 8:40 a m Breakfast.- Engaging the Public in Butldinga City Location — Ski ruin Hilton Hotel Speaker. Roy VIIliatna President, Grater Oklahoma City Chamber Oklahoma Cityhas moved their city Coma td by voting more than S3 billion in taxes on them- selves since 1993. Learn how this city engages the citizens and wins the elections to keep their development flowing. 915 Break 930 Load buses to go to Douglas HS 9 45 MAPS for Kids -- Rebuilding an Urban School System Speaker: Kirk Humphreys, OKC Mayer 1998 -2003 Oklahoma City used the success of their cbwttown redevelopment to tackle an even bigger challenge — their urban school district In this session well hear from the City's former Mayor who lead the effort about the program's sauces and the ohal lenges that lie ahead_ 1 1:00 Buses load to return to Skirvi n. 11:30 Wrap -up Lunch Croup discussion' of lessons learned and Hack steps_ For more i nfonnaton on MAPS go to vinuwokc. govtmaps http:f fcorposcbristichaniber .orglflogi p- contootluploadsl2OlOIO$!Ol lahoma- Trip -Day -2 jpg 1217/2010 —541— 32 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Regional Health Awareness Board Activity Update STAFF PRESENTER(S): Name 1. Susan Utley 2. 3. OUTSIDE PRESENTER(S): Name 1. Dr. James Mobley 2. 3. TitlelPosition Department Program Coordinator ACM Title /Position Chair Organization Regional Health Awareness Board BACKGROUND: The purpose of the Regional Health Awareness Board (RHAB) is to connect people, governments, and industry on issues regarding public health, safety, and the environment. Since the re- establishment of the board, the RHAB has been active in re- organizing its efforts towards achieving its mission. The purpose of the presentation is to update the Council on the progress made and to inform the Council about projects and activities. REQUIRED COUNCIL ACTION: None rdinator Regional Health Awareness Board susanu@cctexas.com 361.826.3370 Susan Utley, Program o0 PowerPoint Supplemental Information C vRexLeY Margie C. Rose Assistant City Manager for Community Services margier @cctexas.com 361 .826.3232 d. SERVING HEALTH AWARENESS BOARD THE TEXAS COASTAL BEND City of Corpus Christi City Council Presentation Notes December 14, 2010 Mission Statement "connecting people, governments, and industry on issues of health, safety, and the environment" Membership • City of Corpus Christi o Margie C. Rose o Patricia Mattocks o Patty Clark • Nueces County o Ronald K. Barnard o William G. Curtis, M.D. o Vacant • San Patricia County o James Mobley, M.D. o Alonso Molina o Dennis Roberts • Education o Mary Jane Hamilton, PhD. o Alvaro Martinez, PhD. • Industry o Tom Ballou o Rich Tuttle • Ex- officio o Delores Bacon (San Patricio Public Health Preparedness Manager) o Susan Clewis (Texas Commission on Environmental Quality) o Annette Rodriguez (Director of Public Health Corpus Christi /Nueces County Public Health District) o Shirley Quinones (U.S. EPA — Office of Environmental Justice and Tribal Affairs Activities This Year • Birth Outcomes Presentation by Drs. Peter Langlois and Mark A. Canfield, Texas Birth Defects Registry • Asthma Study conducted by RHAB member William Curtis • Participation in public events (Earth Day Bay Day, San Patricio Health Fair) • Awareness Luncheon and Awards Presentation Active Projects • Community Environmental Concerns along "refinery row" in Corpus Christi o This has been a major focus of the Board since 2009 when community concerns regarding benezyne pollution became public. Currently, the Regional Health Awareness Board (RHAB) is collaborating with the Agency for Toxic Substances and Disease Registry (ATSDR) to improve communications to community residents and —546— leaders regarding the progress and plans for addressing community concerns. This will be the topic of the RHAB's first public forum in February, 2011. • Asthma Awareness a The results of Dr. Curtis's asthma research showed that access to care and proper intervention would go a long way to improve the high number of hospitalization admissions for asthma in San Patricio and Nueces Counties. The RHAB is collaborating with the Driscoll Children's Health Plan and other area agencies to revitalize the Coastal Bend Asthma Initiative. This group is planning several events in May, which is Asthma Awareness Month, that will focus on asthma education for patients, parents, and the general public. This will be the topic of the RHAB's second public forum scheduled in May, 2011. The Board is working on sponsoring asthma expert Dr. Clare Hawkins to present to area physicians and the public. • Birth Outcomes Study o The RHAB- sponsored presentation last March by Drs. Peter Langlois and Mark Canfield showed that, while there is a problem with elevated birth defects in the Coastal Bend, there is little evidence at this time to support that the cause is environmental. Instead, access to care and lack of pre -natal care seem to be more likely causes, especially in San Patricio County. The RHAB will be collaborating with the March of Dimes and the school system to sponsor a public forum in September that will focus on healthy habits and attitudes for young girls and their parents. Plans for 2011 • Public Health Forum Series o Community Environmental Concerns — Feb. 2011 o Asthma Awareness — May 2011 o Birth Outcomes Education — September 2011 • Awareness Luncheon — Fall 2011 • Community Education through o development of website resources o print materials o participation in area health fairs and community events o collaboration with RHAB partners Vembers of co DO W DI C o i_+ C CD o o .CO .0 t"E 2 6DoE V (DO c _ c co o co. ;79 > M OHW CO II l_ co v! a) W ›- • 4_) • • u) U c Q I— 33 ATTACHMENT TO BE SENT AT A LATER DATE 34 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Overview of proposed revisions to the existing ordinance governing towing services. STAFF PRESENTER(S): Name Title /Position Department 1. D. Troy Riggs Chief of Police Police 2. Capt. J. Brandon Captain Police 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. 2. 3. BACKGROUND: The purpose of the revision is to increase accountability and improve a service that is provided to our citizens, often on behalf of the police department. This ordinance governs the use and service of wreckers within our city limits. Most importantly, it outlines the use of "rotation" wreckers by the Police Department. Rotation" wreckers are the list of 18 wrecker companies that have applied and been accepted to be utilized by the department when any wrecker is needed in the course of police action. Examples of this include vehicles that have been involved in accidents (incident management tow) and vehicles that are being impounded. All incidents of wrecker use involving the Police Department in any fashion are considered to be "non - consents tows by the state. In addition to our city ordinances, wreckers are governed by section 2308 of the Texas Occupations Code (TOC) and by the Texas Department of Licensing and Regulation (TDLR). The proposed revision to the ordinance will create increased accountability among the rotation wrecker companies and will bring us in line with TOC 2308 and with TDLR. REQUIRED COUNCIL ACTION: None required with this meeting. First reading on January 11, 2011 with second reading on January 18, 2011. PowerPoint Supplemental Information -555- D. Troy Rig Chief of Police troyrc cctexas.corn 886 -2603 Revision to City Ordinance Chapter 57, Article V 1 • 0 Cit 0 CA O v • V cn • � V 0 O V • (1.) • C/) v O V "Rotation" wreckers are 4� U cnrN A--) 'V • • V O O � V cj O � Rotation Wreckers n (74 T.} 4-i Pi C 4-i ,C1 U C) V L CU Cut v_ cu E A—) A_) 0 t-4-4 A_) 0 Ti ct v:' u v) A_) cu ct A_) a V V • ,__+ - aL) aa) V 4—+ • V Ct V s—+ V 0 O ct v) ct ;_ici) a 4-'cur\ T-cj cu 4—'cu ,_"—' 1 State Law t_4_4 a.) O ,_ • 0 00 © ,,t c,e) N bJo a.) vA A,8_ 'it PI ct a T-ci '1C3 r 1 0 c' Ctrt ■.# H 1bl) a 4) a.) •� 1.) a) O a) ct ✓ ci) i r4 a_) O .O O `O tv) O CU c� V V V • .(21 4-i 0 44 '- X u H `Cut' ' A-) A) H • 0 0 .,..1 on .5 a) P4 a) IS) w 0 m 0 f-I 0 P-i 11 create increased 0 ,_0 5 T-ci 4_ T-ci _, H 4.) cn = ct • O .0_, , .:12, .:_Ei o � ,9 ,a, H a) 8 E T-ci H ,' 8 ,9 • V 0 0 ct a) E 0 4a' 0 E ct a) ct V a) a) V ct O OID .4-, ct 4) 5 ;. c) E Pi • Revision was started under Chief Smith and • th the wrecker V ct 0 V v ct a.) 4.) that our internal ement of the rotation list needed to be T-6 a) 0 . g N b4J ct N 0 0 CID O 4 • a (1) • .- 0 0 V V cUd N � O • .,_) � O .0_, 4_) O cd ,t 77, c) ,© V 0 (L, • -1 N a) • Owners of Statewide Wrecker and Texas Wrecker met with •O CID • V) CID CID U U • June 23, X010 Ct CL) 0 CID 75) ._8 u ct ct � c O a v O (1) 1.) .0 .=, cu ,4_5) � O CL) 0 O au ¢-+ a) U o c g Ct O Tit E 3-1 c_4_1 ct ° Ct E 7i 7i CID CL bk) CL C o ct M 4a) t • (i) '715 • October2OlO N 0 ._8 FD 4u CID Ct Ct 0 � E CLr \ CID Ct CL) U g U 0 E t E 75) E 48 1.) Ct p Tit E . .--ci CID a'L ) C' 5 4 .1121 o \ CID . ,1 0 0 LD CL) CID CL Tti V c+ N '° _ ,� CID CL) Ct . ,i ccs ,5 E V Q O Ov • I have been answered. Proposed Changes • Sec 57 -220 ■ All definitions have been amended to reflect state law and regulations Sec 57 -221 Offenses added for submitting false documents and consuming alcohol or controlled substances while on duty as a wrecker driver. Separate "Chief of Police" regulations eliminated. 10 • Sec 57 -223 Rotation wreckers must have at least two wreckers Proposed Changes • Sec 57 -223 (cont) O v O O ;) • ":II cL) E 0 ci) 4a) a.) c . ci) *- E E ;-1 (1) .c2- ,1-1 8 . ,1 O c� H E 5 75) .._, ._, E 1.) 42 ,ci --il,‘()c) 4_) ;_i 0 4 CID O v' . b4) Ct 7i b4) 4 c� Ft ci.) O by � ;-1 � •�' • c7t • ., ��' • .--, �, 4,_8 t+, ct O v 42 4-) E p 0 E ' V • 11 v O • Proposed Changes • Sec 57 -223 (cont) • Sec 57 -226 not increase. Q. t+1 4) FD, V � � O ct '�• o a) 4 V V I ct cl O ;5 4F/ • Sec 57-233 • CI O '7.1) ca O Oco O 4 U 0 LO CID cd 0 � O O O bfJ ;-ic) ,!; g O Sec 57 -245 • O N rn 4 V 0 N u V O 7),1 O .v 75) ai "aol ,-,, o 0 Ct • g • a.) ;-1 ct • .1 O •_ 0 cn V) X cd LOO V N V ct ca ct ca N ca •-' &D v a • CID V (1 ju ci) CID • 4) cn CI) bi) 0 cc 4 C.) "0 CD cn 0 ts, 0 41 • Sec 57 -232 0 Ct V 0 CID 4) O Ct O CID 4) CI.) • ■ t+1 Ct CID c� 0 ct V V 0 0 V Ct C) .1—i 0 C) 4) E 0 V C(i 75) 0 7i O 4c_t, c) ,t, O V N 4_) 7i ci.) ., .,,4-1 • z71 --c,) °4 ii) : _2 c,) V O E .5ct Si , V V ct 4-1 c) .' ci 4.) -1 au .' E °- a) O ct 0 Ct 4c7) E V ,y' V Proposed Changes • Sec 57 -248 ■ Owner must supply the following within 5 days of expected employment of a driver: ■ Full name ■ DOB ■ SO and all DL II's ■ Current address and each address where driver has lived for previous 10 years ■ Any arrests and corresponding information ■ Evidence of passed drug screen within previous 30 days 16 cn CI) bi) 0 cc 4 C.) "0 CD cn 0 ts, 0 41 • Sec 57 -248 ci .I '—Ci O 3-1 L)) E 0 4) Ct CID 3-1 Ct CL) V C V 7i 4–) n-1 ‘U Ct Ct 3-I 0 5) t v 3-1 cu 4) O O v 'Ci ct tfp V 4) V ,sue U, 'sue V , CID Ov •N 'i • O tfp CI-) "01 F-.) bk) ct 4) CID U O • Proposed Changes Sec 57 -248 Things considered in driver's background check • Theft /dishonesty crimes • Assaultive /harassment crimes • Solicitation of prostitution • Sexual abuse crimes • Crimes of alcohol /drug abuse • Traffic offenses ■ Extent to which approval would provide opportunity to reoffend ■ Extent and nature of past criminal activity • Age when crime committed • Amount of time lapsed since crime • Conduct and work activity prior to and since criminal activity ■ Evidence of rehabilitation efforts • Other evidence of personal fitness submitted by driver (recommendations) 18 • Sec 57 -248 Results of test must be furnished to PD within 5 days. a) 5--1 tvp ct 5 � --.1 4 V ct O O Lr) Lr) .--1 .--1 1 . cid 7; ct 0 ° 0 . :7' ci.) . 5, 4_) +-' V +-) ''' ;) O E 5--1 V 5--1 cu b4) O O • • of address of driver. cn CI) bi) 0 cc 4 C.) 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