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Agenda Packet City Council - 04/12/2011
i]E*4:Lfg* 1A=ak rassor ■1111111111111 8:30 A.M. - Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, April 12, 2011 at 8:30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to receive and discuss an FY 2012 Budget briefing on the following topics: 1) Utility Services / Rates, 2) Capital Budget Overview, 3) Energy Conservation Initiatives, 4) Street Maintenance, and 5) City Auditor position. 1 1:45 A.M. - Proclamation declaring April 12, 2011 as "National Equal Pay Day" Proclamation declaring the week of April 10 -16, 2011 as "National Crime Victims' Rights Week" Proclamation declaring the week of April 10 -16, 2011 as "National Public Safety Telecommunications Week" Proclamation declaring the month of April 2011 as "Child Abuse Prevention Month" Proclamation declaring April 10 -16, 2011 as "National Volunteer Week" and April 12, 2011 as 'RSVP Third Annual Volunteers Age 90+ Recognition & Induction into the Emeritus Volunteer Guild Day" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 12,2011 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 CO UNCiL. 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 cree que su ingles es limitado, habra un interprete inglCs- espanol en Codas las juntas del Cancillo para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor David Kelly, Trinity Worship Center. 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 Tem Nelda Martinez Council Members: Chris N. Adler Interim City Manager Margie C. Rose Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Agenda Regular Council Meeting April 12, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of March 29, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Airport Board * Clean City Advisory Committee * Committee for Persons with Disabilities * Corpus Christi Convention and Visitors Bureau * Retired and Senior Volunteer Advisory Committee * Transportation Advisory Committee * Mayors Fitness Council * Oil and Gas Advisory Committee * Water Resources 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 wi!! vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting April 12, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary} 3. Motion approving the purchase of one (1) Peterbilt truck tractor and four roll off containers from Rush Truck Center of Houston, Texas for a total amount of $267,490. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor and containers are replacements to the fleet and will be used by the Wastewater Department. Funding is available in the FY 2010-2011 Capital Outlay Budget of the Fleet Maintenance Fund, (Attachment # 3) 4. Motion approving the purchase of ten (10) Ford Fusions from Champion Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0077 -11, based on alternate bid for a total amount of $167,990. These units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund. (Attachment # 4) 5. Ordinance authorizing the resale of property located at 4602 Surfside Boulevard for $20,000 which was foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $5,041.29. (Attachment # 5) 6. 7. a. Motion authorizing the City Manager to accept $4,290 in donations from event sponsors and registrants for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011. (Attachment # 6) b. Ordinance appropriating $4,290 in donations in the No. 1020 General Fund for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011; changing the FY 2010- 2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $4,290 each. (Attachment # 6) a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 7) Agenda Regular Council Meeting April 12, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. First Reading Ordinance - Appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. (Attachment # 7) 8. Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Agriculture for a Summer Food Program Grant in the amount of $249,802 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. (Attachment # 8) 9. a. Resolution authorizing the City Manager or designee to execute all documents necessary to accept the $100,000 grant from the General Land Office (GLO), Coastal Management Program grant for beach, restroom, and parking access as part of the Corpus Christi Beach Promenade expansion; cash match is $67,000 from voter - approved Bond 2008 funding for Corpus Christi Beach improvements. (Attachment # 9) b. Ordinance appropriating $100,000 from the General Land Office (GLO) Coastal Management Program grant in the No. 1067 Parks and Recreation Grants Fund for beach, restroom, and parking access for the Corpus Christi Beach Promenade expansion. (Attachment # 9) 10. Motion authorizing the City Manager or designee to execute Amendment No. 2 to the Contract for Professional Services with John R. Wright, Architect, of Corpus Christi, Texas, for a revised fee not to exceed $7,500 for a total contract amount not to exceed $57,300 for the Extend Promenade Northward on Corpus Christi (North) Beach project for additional design phase services. (BOND ISSUE 2008) (Attachment # 10) 11. a. Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2011 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Blvd. and N. Chaparral Street, up to and including Barge Dock area; during April 21 through May 9, 2011, and areas used for parade routes and paid parade viewing areas, as defined in Agenda Regular Council Meeting April 12, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the lease agreement; provide for Commission paying 50% police overtime and 100% all other City costs and fees. (Attachment # 11) b. Motion approving a $3.00 admission fee and/or $4.00 for adults (depending on date) and $3.00 per day for seniors, children under the age of 17 and persons with disabilities for Buccaneer Days Festival from April 21, 2011 through May 9, 2011. (Attachment # 11) 12. Motion approving the application from Buccaneer Commission to temporarily close the following street sections for "Buc Days 2011" festivities, to begin Monday, April 18, 2011 through Sunday, May 8, 2011. (Attachment # 12) a. The temporary street closure of Resaca Street between North Chaparral Street and Shoreline Boulevard beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. b. The temporary street closure of north and southbound Shoreline Boulevard between Resaca Street and the Art Museum of South Texas and including the barge dock; beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. c. In cooperation with the Texas Department of Transportation, the temporary street closure of North Broadway Street, including under US 181 Harbor Bridge, between Fitzgerald Street and Brewster Street for staging of professional rodeo cowboys truck/trailers beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. d. The temporary street closure of Fitzgerald Street between North Broadway Street and Mesquite Street for staging of professional rodeo cowboys truck/trailers beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. e. The temporary street closure of Water Street between Palo Alto Street and Resaca Street beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. Agenda Regular Council Meeting April 12, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) f. The temporary street closure of Fitzgerald Street between North Chaparral Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. g. The temporary street closure of Shoreline Boulevard between Power Street and Resaca Street, and including the seawall, beginning at 8 :00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. h. The temporary street closure of Palo Alto Street between Water Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. 13. Motion authorizing the City Manager or designee to execute a construction contract with Facilities Solution Group (FSG), Inc. of Corpus Christi, Texas in an amount not to exceed $1,070,875 for the Selena Auditorium Lighting Control System and Infrastructure project for the Base Bid and Additive Alternate 4. (Attachment # 13) 14. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $103,900 for Rehabilitation of Lift Stations FY 2011 for the design, bid, construction, and additional services. The two lift stations to be rehabilitated under this contract are: (Attachment # 14) 15. • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station a. Ordinance appropriating an amount of $447,048 from the Unreserved Fund Balance in Fund No. 4300 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $447,048. (Attachment # 15) b. Motion authorizing the City Manager or designee to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota, in the amount of $347,700 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project. (Attachment # 15) Agenda Regular Council Meeting April 12, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with the Estate of Albert F. Stuchly, et al, for the amount of $89,900 plus $1,500 for closing costs for a total expenditure of $91,400, for purposes of acquisition of Parcel 11 containing .812 acres of land located at the southwest corner of the intersection of U.S. Highway 77 and County Road 52, for proposed street right -of -way improvements in connection with the County Road 52 Street Improvement Project — US 77 to County Road 69, Project #6163, and for other municipal purposes. (BOND ISSUE 2008) (Attachment # 16) 17. 18. a. Motion approving the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement submitted by Devary Durrill Foundation, owner and developer of 100 South Padre, Block 1, Lot 1, located east of South Padre Island Drive (SH 358), between Bear Lane and Investment Boulevard, including all related appurtenances. (Attachment # 17) b. Ordinance appropriating $107,557 from the No. 4030 Grid and Arterial Transmission Mains Trust Fund to reimburse Devary DurriII Foundation for the installation of 791 linear feet of 12 -inch water grid transmission main, including all related appurtenances for development of 100 South Padre, Block 1, Lot 1, as specified in the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement. (Attachment # 17) a, Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by North Beach Holding, LLC, owner and developer of Corpus Beach Hotel Addition, Block III, Lot 52A, located south of Hotel Place South, between Surfside Boulevard and Corpus Christi Bay, including all related appurtenances. (Attachment # 18) b. Ordinance appropriating $26,051.75 from the No. 4030 Distribution Mains Trust Fund to reimburse North Beach Holding, LLC for the installation of 695 linear feet of 8 -inch water distribution main, including all related appurtenances for development of Corpus Beach Hotel Addition, Block III, Agenda Regular Council Meeting April 12, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Lot 52A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. (Attachment # 18) 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. 19. Executive session under Texas Government Code Section 551.071 regarding Cause No. 2011 -DCV- 1103 -C, J.D. Maldonado et al vs. City of Corpus Christi, in the 94th District Court, Nueces County, Texas, with possible discussion and action in open session. 20. Executive session under Texas Government Code Section 551.071 (2) Consultation with Attorney regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 551 of the Texas Government Code. 21. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement for the Comprehensive Compliance Investigation (Investigation No. 762159) at Greenwood Wastewater Treatment Facility, located at 6541 Greenwood Drive, at the intersection of State Highway 357 (Saratoga Boulevard) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive, in the City of Corpus Christi (Nueces County), Texas; Regulated Entity No.: RN1 01 51 0400: TCEQ ID No.: WQ0010401 -003; EPA ID No.: TX0047074, with possible discussion and action in open session. Agenda Regular Council Meeting April 12, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASE: 22. Case No. 0211 -01, Acapulco Restaurant: The applicant is requesting a change of zoning from the "R-1B" One - family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of future land use from a low- density residential use to a commercial use. The property to be rezoned is Koolside Subdivision, Block 1, Lots 24 & 25, Iocated 500 feet north of McArdle Road along the east side of Dorthy Drive. (Attachment # 22) Staff's Recommendation: Denial of the applicant's request for a change in zoning from the "R-1B" One - family Dwelling District to the "B -1" Neighborhood Business District. Planning Commission's Recommendation: Denial of the applicant's request for a change in zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District, and in lieu thereof, approval of the "R-1B/SP" One - family Dwelling District with a Special Permit and seven (7) conditions. 23. ORDINANCE Amending the Zoning Ordinance, upon application by Acapulco Restaurant, by changing the Zoning Map in reference to Koolside Subdivision, Block 1, Lots 24 & 25, Iocated 500 feet north of McArdle Road along the east side of Dorthy Drive, from the "R-1B" One - family Dwelling District to the "R-1B/SP" One - family Dwelling District with a Special Permit and seven (7) conditions, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. CONSOLIDATED ANNUAL ACTION PLAN: CDBG, ESG, HOME PROGRAMS (To be considered at approximately 1 :30 p.m.) a. Public hearing regarding the City of Corpus Christi's proposed FY 2011 -2012 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Agenda Regular Council Meeting April 12, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Emergency Shelter Grants (ESG) Programs. (Attachment # 23) b. Council discussion and possible recommendations on a list of projects / activities to be funded. (Attachment # 23) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 24. Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $3,817,209 for Up River Road Improvements from IH 37 exit near Rand Morgan Road to IH 37 exit near Crosstown Expressway (inside City limits only) for the Base Bid and Additive Alternate Nos. 1, 2, and 3. (BOND ISSUE 2008) (Attachment # 24) 25. Ordinance appropriating $10,000,000 in the Unreserved Wastewater Fund Balance to be used for Wastewater Capital Improvement Projects, thus reducing FY 2011 Wastewater Capital borrowings; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase expenditures in Fund No. 4200 by $10,000,000 and transferring to Wastewater Capital Reserves Fund No. 4510. (Attachment # 25) L. PRESENTATIONS: (NONE) 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.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND Agenda Regular Council Meeting April 12, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3, ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1 201 Leopard Street, at ,5, (c p.m., on April 7, 2011. 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 �a Lil WATER 07.E rnw 0I C.u.UUStIIflSI 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 29, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: City Staff: Chris Adler Interim City Manager Margie Rose Larry Elizondo, Sr. City Attorney Carlos Valdez Priscilla Leal City Secretary Armando Chapa John Marez Mark Scott Linda Strong ABSENT Kevin Kieschnick Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Philip Douglas with Unitarian Universalist Church of Corpus Christi and the Pledge of Allegiance to the United States flag was led by Matthew Bridges with Troop #87 who is working on his Eagle Scout badge. 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 meeting of March 22, 2011. 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: Commission on Children and Youth Danny Kollaja (Appointed) Watershore and Beach Advisory Committee Jay Gardner (Appointed) Corpus Christi Downtown Management District Tim Heuston (Appointed) Christopher Lawrence (Appointed) * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 3 - 10). There were no comments from the public. Council Member Marez requested that Item 4 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011 -071 Motion approving a supply agreement with Nardis, Inc., of Kilgore, Texas for police uniforms, in the amount of $64,914.40, of which $21,638.13 is required in FY 2010 -2011. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve -month periods, subject to the approval of the supplier and the City —1— Minutes — Regular Council Meeting March 29, 2011 — Page 2 Manager or designee. The award is in accordance with the General Services Administration (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. Funds have been budgeted by the Police Department in FY 2010 - 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 4.a. MOTION NO. 2011 -072 Motion authorizing the City Manager or designee to accept supplemental grant funding in the amount of $12,208 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 4.b. ORDINANCE NO. 029009 Ordinance appropriating $12,208 in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 4.c. MOTION NO. 2011 -073 Motion authorizing the City Manager or designee to accept supplemental grant funding in the amount of $21,060 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 4.d. ORDINANCE NO. 029010 Ordinance appropriating $21,060 in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridorinitiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 5.a. MOTION NO. 2011 -074 Motion authorizing the City Manager or designee to accept a grant in the amount of $327,931.90 from the Texas Ranger Division, Texas Department of Public Safety, for -2- Minutes — Regular Council Meeting March 29, 2011 — Page 3 funding eligible under the Local Border Security Program FY 2010 -2011 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 5.b. ORDINANCE NO. 029011 Ordinance appropriating $327,931.90 from the Texas Ranger Division, Texas Department of Public Safety in the No. 1061 Police Grants Fund for overtime associated with the Local Border Security Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 6.a. RESOLUTION NO. 029012 Resolution authorizing the City Manager, or designee, to accept a grant from the Texas Department of Public Safety, Governor's Division of Emergency Management, in the amount of $16,774.20, for hazardous materials emergency preparedness planning activities, in the No. 1062 Fire Grants Fund. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 6.b. ORDINANCE NO. 029013 Ordinance appropriating $16,774.20 from the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness (HMEP) Grant Program in the No. 1062 Fire Grants Fund for public awareness brochures, school book covers, production and broadcast of public service announcements, and to conduct an emergency response exercise and activities, with a cash or soft match of $5,975.80. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 7. ORDINANCE NO. 029014 Ordinance authorizing the resale of eight (8) properties for $25,300 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $2,885.19 plus $1,476.35 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: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. Minutes -- Regular Council Meeting March 29, 2011 — Page 4 8. MOTION NO. 2011 -075 Motion authorizing the City Manager, or designee, to execute a construction contract with Leoncitos, Inc. of Corpus Christi, Texas in the amount of $71,877.60 for the Cimarron Boulevard Right Turn Lane Improvements for the Total Base Bid. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. 9. MOTION NO.2011 -076 Motion authorizing the City Manager, or designee, to execute Change Order No. 9 for the acquisition of a Final Cover Irrigation System to a construction contract with Environmental Specialties International of Baton Rouge, Louisiana, in the amount of $35,000.00 for a restated not to exceed fee of $7,099,980.57 for the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection System. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 10 regarding the Sports Field Lighting Improvement Project. Council Member Marez asked for the schedule for the improvements to the leagues. Director of Engineering Services Pete Anaya reported that the total project is scheduled to be completed in March 2012. Billy Delgado, Project Manager, explained that the City is working with the leagues and is committed to complete the work prior to the next upcoming spring season and use the resources necessary to complete the project. In response to Council Member Marez, Mr. Delgado stated that the Kiwanis Field is a priority and the City will coordinate work schedules to accommodate the other leagues. Tim Oordt, Musco Sports Lighting LLC, reported that Musco is working with the City to schedule, prioritize and coordinate the work and will continue to keep the leagues informed on the timeline. Council Member Marez requested that the Council be updated on the progress of the work. In response to Council Member Leal, Mr. Oordt stated that the work at the Greenwood Sport Complex is complete. City Secretary Chapa polled the Council for their votes as follows: 10. MOTION NO. 2011 -077 Motion authorizing the City Manager, or designee, to execute a Texas Buy Board Contract with Musco Sports Lighting, LLC. of Round Rock, Texas in the amount of $827,004 for the Sports Field Lighting Improvements for the lighting of select youth sports fields at the following locations. (BOND ISSUE 2008) • Youth Sports Complex - International Westside Baseball League • Youth Sports Complex - Sparkling City Girls Fast Pitch League • Price Park - Southside Pony League • Bill Witt Park - Padre Little League • Kiwanis Field - Kiwanis Senior League • Southside Little Miss Kickball League (McArdle) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. * * * * * * * * * * * * * Minutes — Regular Council Meeting March 29, 2011 — Page 5 Mayor Adame announced the executive session, which was listed on the agenda as follows: 11. Executive session under Texas Government Code Section 551.071 regarding Josie Hernandez vs. City of Corpus Christi; Civil Action No. 2:10 -CV -186; In The United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 11. MOTION NO. 2011 -078 Motion authorizing the City Manager to employ the law firm of McKibben, Woolsey & Villarreal, L.L.P. to provide legal representation to the City, in Civil Action No. 2:10 -CV -186, Josie R. Hernandez v. City of Corpus Christi, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. * * * * * * * * * * * * Mayor Adame opened discussion on Item 12 regarding the Yorktown Boulevard from Staples Street to Cimarron Boulevard Landscaping improvements project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project budget; and schedule. Robert Gignac, Gignac and Associates, was available to respond to questions. The following topics pertaining to this item were discussed: the total cost of the enhancement grant; anticipated amendments to the landscaping contract; the design team for the overall project; the cost for the one year maintenance agreement with the contractor; the use of local contractor for purchasing the plants; the number of local growers or contractors; the reason for an elaborate landscape for this project; the 80% match from Texas Department of Transportation (TxDOT); whether the future expansion to six (6) lanes will impact the landscaping project; irrigation; problems with bonding capabilities for local contractors; and the lighting layout for the improvements. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the Council for encouraging local participation and small business and Mr. Anaya and the Engineering staff for working closely with other governmental agencies. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 029015 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation in the amount of $44,148 for the Yorktown Boulevard from Staples Street to Cimarron Boulevard Landscape Improvements Project, as part of the Bond 2008 Transportation Enhancement Project. (BOND ISSUE 2008) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Kieschnick was absent. —5— Minutes — Regular Council Meeting March 29, 2011 — Page 6 * * * * * * * * * * * * * Mayor Adame referred to Item 13 regarding the 2011 Buc Days presentation. Barry Box, President of the Buccaneer Commission, provided a background and history of Buc Days events; the future goals for the Rodeo; scholarships; and new events. Mr. Box thanked the City for their continued support. Tricia Perrone, Sponsorship and Promotions Manager, provided an overview of the 2011 Buc Days events including the Folklorico Competition; Rodeo Roping Showdown & Trail Ride Weekend; Rodeo and BBQ Cook -off; the Illuminated Night Parade and Junior Parade; and the festival and carnival. Mr. Box announced that Buc Days will hold a scholarship /fundraiser dinner at the Ortiz Center on Friday, May 6th and will announce the Buc Days King and Queen. Mayor Adame referred to Item 14 regarding an update on the City's BoldFuture for the Coastal Bend Action items. Interim City Manager Margie Rose introduced the presentation team including Finance & Resource Manager Saundra K. Thaxton, Michelle Barrera from Texas A & M University — Corpus Christi; and Executive Assistant to the Assistant City Manager Esther Velazquez. Ms. Thaxton acknowledged the internal team members and lead partners in the audience. Ms. Thaxton referred to a powerpoint presentation including an overview; background information; the contributing partners; the BoldFuture phases; the City's role as lead partner; action items by department including BoldAccomplishments, BoldProgress and BoldBlueprints; and future milestones. Council Member Martinez stated that BoldFuture is heading in the right direction and it takes all the partners working together. Council Member Adler thanked Ms. Thaxton, Interim City Manager Rose, Claudia Jackson, Dr. Mary Sherwood, and Debbie Lindsey -Opel for their leadership. Ms. Adler stated that the BoldFuture progress can be seen throughout the City. Mayor Adame reported that BoldFuture is an excellent tool when selling the City. Mayor Adame referred to Item 15 regarding a status report on the adoption of the Unified Development Code (UDC). Assistant City Manager Johnny Perales provided a brief overview on the continuous work to develop the UDC. John Bell, Wood, Boykin & Wolter, P.C., referred to a powerpoint presentation including the development background of the UDC; the purpose of the UDC; next steps moving forward; and the basic provisions of the UDC. Mr. Bell recommended the first reading be scheduled on April 12th, the second reading on April 19th; and an effective date of July 1st The following topics pertaining to this item were discussed: addressing the updates to the code; incorporating the trust fund policies; whether there are monetary fees in the UDC; explanation on the length and size of the document; involvement of commercial builders, homebuilders, engineers, realtors, and commercial realtors; non- conforming lots; the effective date of the ordinance; implementation process and training of staff; whether the recommendations from Horizon have been incorporated in the process; the clarity of the process; automated processes for permits; assistance and resources provided by the Development Services Department on projects; the dispute resolution procedures; the difference between "H" and "10" zoning districts; and the flood hazard reduction. Council Member Leal requested a copy of the draft resolution procedures. In response to Council Member Leal, Mr. Perales stated that FEMA is in the process of updating the flood maps for the area and staff is working on the implementation of the 2009 Building Codes which will increase the level of protection from flooding. * * * * * * * * * * * ** Minutes — Regular Council Meeting March 29, 2011 — Page 7 Mayor Adame called for petitions from the audience. Cheryl Martinez, President of People Assisting Animal Control, spoke regarding the donation of items PAAC has provided to Animal Control including GPS tracking units. Ms. Martinez informed the Council that PAAC is holding a fundraiser on April 16th at the Art Center to help assist with funding a position at Animal Control. John Bell, Wood, Boykin & Wolter, P.C., introduced his colleague Shannon Steele who assisted with the UDC process. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:12 p.m. on March 29, 2011. * * * * * * * * * * * * * a. AIRPORT BOARD — Four (4) vacancies with terms to 4 -4 -14. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE Richard Drilling 04 -04 -12 09 -09 -08 Joseph Wise, Vice Chair 04 -04 -12 04 -18 -06 *Adam Nuse 04 -04 -11 04 -13 -10 * *Ed Hicks, Chair 04 -04 -11 05 -13 -08 Jesse Olivares 04 -04 -13 11 -08 -05 Rosie Collin 04 -04 -13 04 -13 -10 *George B. Richard 04 -04 -11 05 -20 -08 Chad Magill 04 -04 -12 05 -26 -09 Jeffrey Kane 04 -04 -13 04 -13 -10 *William McCord 04 -04 -11 04 -13 -10 Donald M. Feferman, Advisory 04 -04 -11 04 -13 -10 (The Airport Board is recommending the reappointments of Adam Nuse, George B. Richard and William McCord. They are also recommending the new appointment of Donald M. Feferman as a regular member. The board is also requesting the appointment of Ed Hicks as an advisory, non - voting member. The usual policy has been to appoint advisory non- voting members to one-year terms.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Adam Nuse 8 7(lexc) 88% George B. Richard 8 6 (2exc) 75% William McCord 8 7 (lexc) 88% Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Shawn P. Bodine Rodney Buckwalter Jason Capeheart Cristi J. Caviness Lena Deloyce Coleman Roy Len Cotham Project Manager, Flint Hills Resources. Received BS in Electrical Engineering from Texas A &M University- Kingsville and MBA from University of Utah. Activities include: Texas Society of Professional Engineers, Nueces Chapter. Recipient of Builder of the Year Award (1988). (2 -9 -10) Director, Vendor Management, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Currently Pursuing PhD. Activities include: Del Mar College Business Development Advisory Committee and Texas A &M University - Corpus Christi Alumni Association. (6 -5- 09) Caseworker - Transportation and Infrastructure, Military Affairs, Congressman R. Blake Farenthold. Received Bachelors of Arts in Political Science from Texas A &M University - College Station. Liaison for Lower Nueces River Watershed Protection Plan. (1- 14 -11) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Self - Employed, Lena's Business Management. Received a BA Degree. Formerly Served on the Human Relation's Commission and the Water Resources Advisory Committee. (5-27-09) Aviation Professional, American Eagle Airlines, Inc. Attended Del Mar College. Activities include: Professional Musician. Recipient of Civic Service Award, 1984, Reserve Deputy of the Year, 2002 and Meritorious Public Service Award, 2003. (7- 14 -09) Brian Thomas Doggett Managing Member, Island Aquatics, LLC. Attended Virginia Commonwealth University. Activities include: President- Independent pool and Spa Service Association. (6- 17 -09) Donald Doolittle Retired, Control Tower Operator/Radar Air Traffic Controler /Shift Supervisor, Federal Aviation. Administration. Received AA Degree from Sierra Nevada College at Reno, Nevada. (6 -3 -09) Vincent E. Doyle Joseph M. Dudek Donald M. Feferman Robert A. Franklin Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (4- 17 -09) Aviation Maintenance Coordinator, Del Mar College. Received Bachelor and Master of Science from Texas A &M University- Corpus Christi, Aviation Technology Diploma from Hallmark Institute of Technology, San Antonio, Texas, and A.A.S Aircraft Specialist from St. Philips College, San Antonio, Texas. Activities include: USS Lexington Museum on the Bay, Del Mar College Aviation Maintenance Club Advisor, and Aviation Technician Education Council Board Member. Recipient of Del Mar College Program of Excellence 2007. (3 -31- 09) President, The Feferman Law Firm. Received B.S. at Wharton School of Finance, University of Pennsylvania and J.D. from Harvard Law School. Currently Serves as an Advisory Member on the Airport Board. Currently Served on the Airport Board. (3-7-11) Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University - Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. Currently Serves on the Human Relations Commission. (7- 15-09) Shannon Gabriel . 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. (8- 14 -09) Mike Garey Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and _a... egree in General Business from Texas A &M University - Corpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Issac Gonzales Customer Service Representative, Signature Flight Support. Attending Del Mar College. (5- 11 -10) Robert G. Goodwin Dana Gunter Kelly Harlan Franklin L. Harper Eduardo Hinojosa William Paul Hunt Glenn R. Jones Edward Frank Lewis Senior Pilot/Director of Aviation Maintenance, JV Industrial Companies. Retired from Department of Homeland Security, Customs and Border Protection, and (CBP) Air and Marine. Received training from Houston Community College, Federal Law Enforcement, Federal Aviation Administration, and National Finance Center. Activities include: Coastal Bend law Enforcement Intell Sharing Group and Transportation Security Agency (TSA). (11 -3 -08) IT Regional Manager, Valero Energy, Inc. Attended College. Private Pilot. Activities include: Metro Ministries. (3- 15 -11) Director of Operations/Pilot, Lone Star Overnight. Attended Embry- Riddle Aeronautical University. Activities include: FAA FAAST Safety Team Representative, AOPA Airport Representative, and Flight Instructor. (5 -7 -09) President and C.E.O., FLH Business Services, Inc. Attended Del Mar College. Activities include: Presidents Field Tax Advisory Board. (2 -2 -11) Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School. Received the "Rancher of the Year" Award. (4- 13 -09) 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) Realtor, Coldwell Banker Pacesetter Steel. Received BS in Business Economics, State University of New York. Retired United States Navy Air Traffic Controller. Activities include: National Association of Realtors, Texas Association of Realtors, and Corpus Christi Association of Realtors. Currently serves on the Transportation Advisory Committee. (1- 27 -10) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4- 20 -09) Gary J. Meurer Robert C. Pate Dudley Prewitt Wesley Reed James Russell Lyndon Smiling Director - Project Management, Strike Construction, LLC. Received a B.S. in Civil Engineering from Texas A &M University. Registered Professional Civil Engineer. Recipient of Corpus Christi Business Alliance Top 40 Under 40 Award. (3- 14 -11) Self - Employed, Attorney. Received a JD from Southern Methodist University School of Law. Certified Public Accountant. Former State District Judge. Airline Transport Pilot. Certified Flight Instructor, Instrument flight Instructor and Multi- Engine flight Instructor. Former Chair of Halo - Flight, Inc. (8 -4 -10) Retired, Transportation Security Administration. Attended Texas Tech University. Served in the United States Navy. Activities include: State of Texas - Licensed Irrigator and Professional Association of Dive Instructors. (4- 17 -09) Pilot, FedEx Express. Received a BA in History from College of Wooster and Naval Aviator Flight Training, United States Marine Corps. Activities include: Air Line Pilots Association. (11- 18 -09) Retired, United States Air Force and City of Corpus Christi- Engineering and MIS Departments. Attended College and Military Electronics School. Activities include: Boating and International Municipal Signal Association. (5- 14 -10) Project Manager, Derco Aerospace. Received BS in Technical Management from Embry - Riddle Aeronautical University. (12 -7 -09) Claude R. Smith Retired, United States Army. (7- 24 -09) Charles "Chip" Spence Retired Federal Agent, Pilot and Manager. EMT Paramedic Instructor. Certified Flight Instructor. Licensed Captain of OUPV. Attended University of Southern Califbrnia and Howard College. IT-4-11 Wilson B. `Bill" Stewart Retired, Federal Aviation Administration. Licensed Pilot. Aviation Consultant. Formerly Served on the Airport Advisory Board. Received a Bachelor of Science Degree in Business Management. (5- 22 -09) Roger Vazquez Larry L. White Qualified Mental Health Professional /Crisis Worker, Avail Solutions, Inc. Received Bachelor's Degree in Psychology from University of Texas at Austin. Currently Pursuing Master's in Clinical Psychology from Texas A &M University- Corpus Christi. Activities include: Delta Sigma Phi Fraternity Alumni and Texas Exes Alumni Association. Formerly Volunteer Crisis Counselor for Crisis Intervention of Houston. (10-5-09) Process Engineer, DuPont. Received BS and MS in Chemical Engineering from Louisiana Tech and MS in Environmental Engineering from Memphis State. Activities include: American Institute of Chemical Engineers, Corpus Christi Bucarader, and Water's Edge Pipe and Drum Band. (6 -5 -09) b. CLEAN CITY ADVISORY COMMITTEE — One (1) vacancy with term to 7 -8 -11 representing the following category: Community at Large. (Since the term ends on 7 -8- 11, it is recommended the appointment be for a new two-year term ending 7- 8 -13.) DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of eleven (11) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and seven (7) community at large representatives. Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. ORIGINAL MEMBERS TERM APPTD. DATE Paul A. Castorena (Educator) 07 -08 -12 07 -08 -08 Scot McCampbell Barker (Chamber) 07 -08 -12 06 -09 -09 Brian Cornelius (Hauler) 07 -08 -12 07 -08 -08 Daiquiri Richard (Beautify), Chair 07 -08 -11 07 -08 -08 Paige Dinn (Comm. at Large) 07 -08 -12 07 -08 -08 *Daniel Lucio (Comm. at Large) 07 -08 -11 05 -11 -10 Teresa Klein (Comm. at Large) 07 -08 -11 02 -24 -09 Juan Rodriguez (Comm. at Large) 07 -08 -11 05 -11 -10 Joan Veith (Comm. at Large) 07 -08 -12 07 -08 -08 Melissa Espitia (Comm. at Large) 07 -08 -12 05 -11 -10 Ken Hobbs, Jr. (Comm. at Large) 07 -08 -11 05 -11 -10 Director of Neighborhood Services Ex- officio, non - voting Director of Environmental Services Ex- officio, non - voting INDIVIDUALS EXPRESSING INTEREST Jonathan Michael Barlow Campign Helper, Joe Benavides Campaign. Activities include: Volunteering with Texas State Aquarium. (8 -30- 10) Sara D. Baugh Owner/Vice President, Dash Truck- & Equipinerit Sales; Inc. Attended Texas A &M Corpus Christi, Del Mar College, Austin Community College and Kingwood College. Activities include: Calallen Baptist Church, Relay for Life, and Buccaneer Days. (7- 11 -08) Legend: *Filed for a candidate for City office and forfeited his position * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *"**Has met six -year service limitation Beverly Benavidez Aaron Castro Virginia A. Delgado Becky Flores Dana Fowlks Robert A. Franklin Shannon Gabriel Student. Received Associate of Science and Bachelor of General Studies from Drury University at Springfield, Missouri. Recipient of Army Commendation, Army Achievement and Army Good Conduct Medals. (3 -2 -09) Photo Journalist, KZTV 10. Currently Student at Texas A &M University- Corpus Christi. Served on Food Advisory Committee in High School. Activities include: Politics. Recipient of Employee of the Month at Action Ten News. (5- 11 -09) Human Resources Coordinator, Corpus Christi Medical Center. Received Associates in Business Administration from Del Mar College. Attending Texas A &M University - Corpus Christi. Activities include: CCD Teacher, Hispanic Chamber of Commerce, Hispanic Women's Network of Texas, and Texas A &M University - Corpus Christi Student Accounting Society. (9 -3 -09) Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (1- 19 -09) Product Consultant, TriZetto Group. Received a Bachelor's Degree in Science Information Systems from the University of Phoenix. Activities include: CC Pride Day. (1- 20 -10) Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University - Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. Currently Serves on the Human Relations Commission. (7- 15-09) 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. (8-14-09) Lori Galan- Garcia Mike Garey John C. Gilbreath Diane Gordon -King Austin Harbin James Hobbs Cynthia Hopkins Corporate Regional Director, Advance'd Temporaries, Inc. Activities include: Harbor Lights Committee, Band Booster, Volunteer for Advisory Committee on Community Pride,Clean City Advisory Committee and Mayor's Fitness Council, Buc Day Rodeo Committee and Carnival, Relay for Life, Brown Bag Challenge, heart Walk, Beach to Bay, Bayfest, Golden Gloves, Hi- Fairnesse Girls Club, Las Luces and Embajador Hispanic Chamber. (1- 25 -11) 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) Retired. Attended Oklahoma State University at Stillwater, Oklahoma, East Los Angeles College at Los Angeles, California, Tulsa Junior College and Langston University at Tulsa, Oklahoma. Activities include: South Texas Botanical Gardens, Nueces County Master Gardener, Corpus Christi Order of De Molay, Oso Naval Lodge, Corpus Christi Order of Eastern Star and Corpus Christi York Rite. Recipient of De Molay Legiion of Honor. Served on Planning Commission and City Council in West Fork, Arkansas. (9 -8 -09) Executive Coordinator, Padre Isles Property Owners Association. Attended College. Activities include: Church Finance, Communications and Evangelism Committees. (8 -6 -09) Table Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (3- 22 -10) Administrator, Corpus Christi Medical Center. Received a Bachelor of Science in Nursing, Master of Science in Nursing, and Master of Business Administration from University of Texas at El Paso. Actively. Recycles and Composts Yard Waste. (10- 28 -09) Science Teacher, Corpus Christi Independent School District. Received BA in Political Science from the American University at Washington DC. Activities include: Cubmaster Pack 232, AWANA Commander, Sunday School Teacher, Homeschooling Organization of South Texas, and Kaffie Middle School PTA. Recipient of Silver Beaver Award South Texas Council Boy Scouts of America. (5 -8 -09) William Paul Hunt 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) Bennel Jackson Semi - Retired, Nurse. Activities include: Pilgrims Baptist Missionary Church. (3- 10 -10) Jacey Jetton 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) William M. Kramer, Jr. Ron Maxwell Bryan Mayhood Peter G. Melve Gary J. Meurer Janice Meyr Mohamad Omar Agent, Kramer Insurance Agency. Received Bachelor in Political Science from Texas A &M University - Corpus Christi. (5- 28 -09) Self - Employed, Landscape Contractor, Master Gardner. Received BS in Plant and Soil Science from Texas A &I University at Kingsville. (4- 30 -10) Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Attended Texas A &M University - Corpus Christi. Activities include: Heart Walk Committee. (1 -5- 11) 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) Director- Project Management, Strike Construction, LLC. Received a B.S. in Civil Engineering from Texas A &M University. Registered Professional Civil Engineer. Recipient of Corpus Christi Business Alliance Top 40 Under 40 Award. (3- 14 -11) President, B & R Supply and Equipment Co., Inc. Retired CPA. Received a BBA from University of Texas at San Antonio. Activities include: Bay Area Fellowship Church. (1- 28 -10) Self - Employed. 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. (10 -6 -09) Jack R. Pence III Meghan Reger Student Activities Coordinator, Texas A &M University- Corpus Christi. Received a Bachelors of Science in Education from Bowling Green State University and a Masters of Science in College Student Personnel from The University of Dayton. (7 -6 -10) Teacher, Corpus Christi Independent School District. Received Bachelor of Science from Linfield College at Portland, Oregon and Masters of Public Health from Emory University at Atlanta, Georgia. Activities include: Neighborhood Clean Up. (11- 18 -09) James M. Richardson Vice- President, Tac Med, Inc. Attended College. (2 -9 -10) Cesar O. Rodriguez Estella Sears Cookie Silverman Lyndon Smiling Dan Wilkerson W. G. West General Manager, Oneta Company. Received BS in Administrative Science/Economics from Yale University at New haven, Connecticut and MBA from Harvard Graduate School of Business Administration at Boston, Massachusetts. Activities include: Yale Alumni Schools Committee. (8- 10 -09) Received BA in Business from Judson University, Rockford, Illinois. Formerly Involved with Rockford Carer College Hispanic Festival Expo, Rockford Register Star Brigade, Judson University Cohort Class president, and Chamber of Commerce Board Member/Director in Kirkland, Illinois. (11- 30 -09) Homemaker. Attended Texas Tech University. Activities include: Alpha Child and Board of Directors — Jewish Community Center. (9 -2 -09) Project Manager, Derco Aerospace. Received BS in Technical Management from Embry - Riddle Aeronautical University. (12 -7 -09) Financial Associate, Thrivent Financial. Attended College. Activities include: Beautify Corpus christi Board Meni er. (10 -8 -09) Retired. Received Bachelor of Arts from University of Texas at Austin. Activities include: MayoArea Agency on Aging Advisory Council, Mayor's Council on Senior Affairs, Volunteer Co- Ordinator for Nueces County Juvenile Justice and SCORE. Recipient of Lifetime Achievement Award from Volunteer Center, Juvenile Justice Department, Jefferson Award, Greatest Generation Award. (9 -9 -09) Laurie Wood Registered Nurse. Activities include: Clean Economy Coalition Community Outreach and Celtic Menagerie. (4- 5-10) c. COMMITTEE FOR PERSONS WITH DISABILITIES — One (1) vacancy with term to 2 -1 -13. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval. The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex- officio non- voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex- officio voting member of the Human Relations Commission. ORIGINAL MEMBERS TERM APPTD. DATE Thomas Dreyer 2 -01 -12 2 -19 -08 Abel Alonzo, Chair 2 -01 -12 7 -12 -05 Harvey Salinas 2 -01 -13 2 -20 -07 * * *Dr. Candelario Huerta 2 -01 -13 1 -27 -09 Alana Manrow 2 -01 -13 8 -31 -10 Maria B. Romero 2 -01 -12 2 -09 -10 Irene Martinez 2 -01 -12 2 -19 -08 Carlos Vargas 2 -01 -13 11 -11 -08 Darren Bates 2 -01 -13 3 -09 -10 Park & Recreation Director Ex- officio Human Relations Director Ex- officio Building Official Ex- officio (The Committee for Persons with Disabilities is recommending the new appointment of Sabrina Ramirez-) OTHER INDIVIDUALS EXPRESSING INTEREST Kristin Aldrighetti Currently Attending College. Received BBA in Markefrig - from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University- Corpus Christi. Activities include: Co- Sponsor for Future Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Helping Hands You Business Professionals of America and Sponsor for the Community Service Organization. Recipient of CPS Volunteer Award. (10 -5 -09) Jonathan Michael Barlow Campign Helper, Joe Benavides Campaign. Activities include: Volunteering with Texas State Aquarium. (8 -30- 10) Dr. Larisa Ford Raymundo G. Garcia Andrea B. Green Keron E. Hasley Senior Biologist, United States Fish & Wildlife Services. Received B.S. from Texas A &M University at Galveston, M.S. in Microbiology, Texas A &M University at College Station, Ph.D. from Louisiana State University and Masters in Public Administration from Texas A &M University - Corpus Christi. Activities include: Earth Day/Bay Day. Previously Served as Special Emphasis Program Coordinator - Disabilities for Region 2, United States Fish and Wildlife Service. (1 -3 -11) Retired, United States Postal Service. Received Associates Degree in Science from Del Mar College. Activities include: Pan American Golf Association and Teach Driver's Safety Courses for the AARP. (11 -9 -09) Bookkeeper, Habitat for Humanity. Received BA in International Relations and MS in Accounting. (4- 20 -09) Assistant Cashier, IBC Bank. Attended Del Mar College. Activities include: United Way Allocations Committee. (4- 17 -09) Kevin Horrigan Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) William Paul Hunt 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) Susanne M. Lunsford CEO- President, Real fEstate Global Sol LLC. Attended College. Activities include: Rotary Club, PIBA and ADA. (4- 23 -09) Joel S. Mumphord 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) Sabrina Ramirez Attends Texas A &M University Corpus Christi. Internship with Coastal Bend Center for Independent Living. (1 -3 -11) James Russell Mary Helen Salazar Eloy Barrera Soza Retired, United States Air Force and City of Corpus Christi- Engineering and MIS Departments. Attended College and Military Electronics School. Activities include: Boating and International Municipal Signal Association. (5- 14 -10) Counselor, Carriage Services, Inc. Activities include: Hispanic Chamber of Commerce and Food Bank. (2 -8 -11) Volunteer and Community Advocate. Received B.S. in Biology and working on M.S. in Chemical Engineering. Former Member of the Committee for Persons with Disabilities. Currently Serves on the Transportation Advisory Committee. (3 -6 -11) Jesus M. Trevino . Currently attends College. (8- 26 -09) Leonard (Leo) Vasquez, Jr. Retired, Disabled Veteran. Attended Del Mar College and University of Maryland. Activities include: Veterans Service Office - Disabled American Veterans District Adjunct, Representative /Advocate. Recipient of 1992 Corpus Christi Caller -Times Volunteer of the Year Award, Texas National Guard /Adjunct General Performance Recognition Medallion and 2005 Presidential Medal of Freedom Nominee. (1- 14 -10) Timothy Weitzel Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (11 -5 -08) d. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU — One (1) vacancy with term to 8 -1 -12 representing the following category: At Large. The Council will also appoint a representative from the Port of Corpus Christi to serve as an ex- officio, non- voting member. DUTIES: To solicit various organizations and associations to conduct meetings /conventions/tradeshows within Corpus Christi year - round; to promote the City as a year -round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention - related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention - related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall be representatives of the following groups: 2 - hotel industry; 2 — attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex- officio non - voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non voting members. Appointments will be for staggered, two -year terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD. DATE ***Nils Stolzlechner (At Large) 8 -01 -12 7 -28 -09 Robert Tamez (At Large) 8 -01 -12 7 -18 -06 John Trice (At Large), Chair 8 -01 -11 7 -18 -06 Art Granado (At Large) 8 -01 -11 7 -18 -06 Butch Pool (At Large) 8 -01 -12 7 -18 -06 Bill Morgan (Hotel Industry) 8 -01 -12 2 -13 -07 Jyoti Patel (Hotel Industry) 8 -01 -11 7 -18 -06 Mark Schaberg (Restaurant Industry) 8 -01 -12 8 -12 -08 Daniel Dain (Restaurant Industry) 8 -01 -11 7 -28 -09 Tom Schmid (Attraction Industry) 8 -01 -12 11 -11 -08 Michael Womack (Attraction Industry) 8 -01 -11 8 -12 -08 Terry Klinger (RTA representative) Ex- officio, non- voting ***Michael Perez (Port of CC representative) Ex- officio, non -voting Fred Segundo (C.C. International Airport) Ex- officio, non - voting Mayor Ex- officio, non- voting City Manager Ex- officio, non - voting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Corpus Christi Convention and Visitors Bureau is recommending the new appointment of Ken Griffin. The committee is required to submit at least two persons for consideration. They have selected Barry L. Brown as their second recommendation.) (The Port of Corpus Christi Authority is recommending the appointment of Patricia Cardenas.) OTHER INDIVIDUALS EXPRESSING INTEREST Richard Avila Retired. Part-Time Adjunct Professor Texas A &M University - Corpus Christi. Received BS and Masters Degree from Pan American University. Certified Athletic Administrator and Certified Masters Athletic Administrator. Activities include: UIL State Executive Committee and Texas Association of Sports Officials. (4- 26-10) Andi Baker Realtor, Keller Williams Realty. Received BBA from University of North Texas. (9- 23 -10) Jonathan Michael Barlow Campign Helper, Joe Benavides Campaign. Activities include: Volunteering with Texas State Aquarium. (8 -30- 10) Jo Anna Benavides- Franke Director, Career Services, Texas A &M University - Corpus Christi. Received Bachelor of Business Administration in Human Resources Management from Stephen F. Austin State University and Master of Science in Education Administration from Texas A &M University - Corpus Christi. Activities include: Corpus Christi Human Resource Management Association, Board of Directors, Harbor Playhouse, Board of Directors, Bailando Al Aire Libre Cole Park, Second Baptist Church Volunteer, Choir and Chaperon, and InStep Dance Studio. Recipient of Texas A &M University - Corpus Christi Women Center Unsung Hero Award, 2003. Currently Serves on the Arts and Cultural Commission. (4- 17 -09) Captain Ron Behnke Curt L. Broomfield Owner, Saltwater Angler Paper, Licensed United States Coast Guard Captain. Activities include: Texas Outdoors Writers Association. (4- 20 -09) CEO, SBG, Inc. Retired United States Marine Corp. Previously Served as Rotary Club President and Corpus Christi Convention and Visitors Bureau. Activities include: Coast Guard Auxiliary. (2- 10 -09) Barry L. Brown Sylvia R. Cantu Patricia Cardenas Cristi J. Caviness Rodney Buckwalter Nolan Culp, Jr. 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. Formerly Served on the Arts and Cultural Commission. (8- 26 -09) Owner, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (5 -28-09) Director of Communications, Port of Corpus Christi Authority. Received a Bachelor in Arts and Masters in Science, Major in Arts from Texas A &M University - Kingsville. Activities include: Regional Marketing Alliance, USO Board of Directors, Council of Cultures, and Coastal Bend American Diabetes Association. Recipient of 2007 The Gulf Shipper's Outstanding Women in Transportation Award and 2005 Community Leader Award by the Muscular Distrophy Association. (Port of Corpus Christi Authority Representative) (1 -7 -11) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6 -5 -09) Owner, Nolan's Original Poorboys. Attended the University of Texas. Activities include: Nueces County Junior Livestock Show, Calallen Campus of Real Life Fellowship, and Mission Trips with River Hills Baptist Church. (7- 22 -09) —28— Shannon Gabriel John Garcia Ken Griffin Arthur Haas Austin Harbin Nathan Hinojosa 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. (8- 14 -09) General Manager, Red Roof Inn & Suites. Attended Del Mar College. Activities include: Greater Hospitality Association, Harbor Lights Committee and Corpus Christi Hispanic Chamber. (4- 14 -09) Manager External Affairs, AEP Texas. Received a BS in Animal Science from Texas A &M University - College Station. Activities include: Port Industries of Corpus Christi and Saltwater - Fisheries Enhancement Association (SEA), CCREDC Futurebridge, Mayor's Harbor Bridge Lighting Committee and Big Brother Big Sisters Fishing Tournament Committee. (3- 23 -11) Associate Athletic Director, Texas A &M University- Corpus Christi. Received Bachelor of Arts from St. Edward's University at Austin, Texas. Activities include: National Little League Board Member and Coach, St. Patrick's Catholic Church Lector and Usher, Tejas Management System Consumer Advisory Board, and El Socorro Board. Graduate of Leadership Corpus Christi- Class 32. (7- 16-09) Table Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (3- 22 -10) President /General Manager, The Railroad Seafood Station, Inc. Activities include: Catholic Campus Ministry -SMU John Ben Sheppard Leadership Forum, San Patricio Economic Development, Junior Achievement, Toastmasters International, Corpus Christi Real Estate Investment Club and Odem Lions Club. (7- 22 -09) 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, Jacey Jetton Beth Kingsbury Edward Frank Lewis Mary Leyendecker Michelle Mazur - Armstrong Armando Mendez Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16-08) 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) Assistant Marketing Manager, HDR Engineering, Inc. Received a BBA in Marketing from Texas A &M University - College Station and a MBA from Texas A &M University - Corpus Christi. Activities include: Nueces County A &M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (1- 7 -11) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4- 20 -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 Barrell 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) Received B.S. from Texas Tech University. Interested in Serving the Community. (3 -3 -09) General Clerk III, L-3 Communication s 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) Michelle L. Milliron Beverage Manager, Courtyard Marriott. Received an Associate in Science Degree - Hospitality Managemtn from Pittsburgh Technical Institute at Pittsburgh, Pennsylvania. Currently Enrolled at Texas A &M University - corpus Christi. (11 -3 -09) Joe Ortiz Self - Employed, Home Builder. Attended Del Mar College and Granthem University. Activities include: Building Designer Institute, LULAC District 11 and American GI Forum. (8- 26 -09) Sylvia Portales Retired Personal Property Appraiser, Nueces County Appraisal District. Attended Durham's Business College in Business Administration. RPA and CTA Designation from Texas Association of Assessing Officers. (7- 27 -10) Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy/Smith International. (8- 24 -09) Stefany Tegeler Schade Self - Employed /Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (5- 28 -09) Marsha Williams 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) e. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE — One (1) vacancy with term to 6 -16 -11 representing the following category: Retired and Senior Volunteer Program Volunteer. (Since the term ends on 6- 16 -11, it is recommended the appointment be for a new two-year term ending 6- 16 -13.) DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ( "RSVP ") including but not Iimited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 —RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non - profit agency that operates a RSVP Volunteer Station), and 5 -- At Large. ORIGINAL MEMBERS TERM APPTD. DATE ***Olga Gonzales (RSVP Volunteer) 6 -16 -11 6 -16 -09 Margaret A, Ramsey (RSVP Vol. Station) 6 -16 -12 6 -16 -09 Jennifer Larivey (At Large) 6 -16 -12 2 -22 -11 Arthur Carrillo (At Large) 6 -16 -13 2 -22 -11 Tony Lopez (At Large) 6 -16 -11 6 -16 -09 Mildred McDonel (At Large) 6 -16 -11 6 -16 -09 Linda Cantu (At Large) 6 -16 -12 2 -22 -11 INDIVIDUAL EXPRESSING INTEREST Donna Anne Kinney Field Auditor/Evaluator, Independent Contractor. Received BA from college of Saint Elizabeth at Convent Station, New Jersey. Activities include: Armey Community Service, Corpus Christi Beach Association, Lector at Our lady Star of the Sea Catholic Church and Corpus Christi Visitors Bureau. (RSVP Volunteer) (4 -4- 11) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service Iimitation f. TRANSPORTATION ADVISORY COMMITTEE — Three (3) vacancies with terms to 4 -30 -14 representing the following categories: 2 — At Large and 1— Security Officer at the Naval Air Station. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice- Chairman annually. MEMBERS Chase Carlisle Karen Beard *Edd Price Robert G. Jacobi Eloy Barrera Soza *Curtis A. Rock, Chair Sheila Cudd Daniel Carrizales *Anthony E. Colosi (NAS Security Officer) ORIGINAL TERM APPTD. DATE 4 -30 -13 4 -13 -10 4 -30 -12 5 -30 -06 4 -30 -11 5 -26 -09 4 -30 -13 4 -13 -10 4 -30 -13 11 -13 -07 4 -30 -11 5 -30 -06 4 -30 -12 2 -10 -09 4 -30 -12 12 -20 -05 4 -30 -11 4 -13 -10 (The Transportation Advisory Committee is recommending the reappointments of Edd Price, Curtis A. Rock and Anthony E. Colosi (NAS Security Officer). ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Edd Price Curtis A. Rock Anthony Colosi (NAS) NO. OF MTGS. THIS TERM 12 12 11 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation NO. PRESENT 12 9(3exc) 5(6exc) % OF A'l "!'ENDANCE LAST TERM YEAR 100% 75% 45% OTHER INDIVIDUALS EXPRESSING INTEREST Jason Capeheart Caseworker - Transportation and Infrastructure, Military Affairs, Congressman R. Blake Farenthold. Received Bachelors of Arts in Political Science from Texas A &M University- College Station. Liaison for Lower Nueces River Watershed Protection Plan. (1- 14 -11) Mike Garey 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) Kevin Horrigan Marketing Manager, South Texas Lighthouse for the Blind. Attended Darden School of Business, University of Virginia. Activities include: Volunteer at Lighthouse for the Blind. Recipient of the Milton J. Samuelson Award for 2009. (1- 21 -09) William Paul Hunt 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) Jacey Jetton 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) Peter G. Melve Gary J. Meurer Joel S. Mumphord 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) Director- Project Management, Strike Construction, LLC. Received a B.S. in Civil Engineering from Texas A &M University. Registered Professional Civil Engineer. Recipient of Corpus Christi Business Alliance Top 40 Under 40 Award. (3- 14 -11) 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) James Russell Retired, United States Air Force and City of Corpus Christi - Engineering and MIS Departments. Attended College and Military Electronics School. Activities include: Boating and International Municipal Signal Association. (5- 14 -10) Dennis Richard Slowinski Instructor Pilot, United States Air Force. Received B.A. from Norwich Military University, United States Air Force Undergraduate /Graduate Pilot Training from Columbus Air Force Base and Corpus Christi Naval Air Station. 2008 Graduate of United States Air Force Squadron Leadership Officers School and Currently Pursuing Master of Professional Studies in Community and Economic Development. Activities include: Unites States Air Force Association, South Texas Chapter of the Military Officers Association, Coastal Bend United Way, South Texas Special Olympics, and Lead Organizer for 208 National Night Out/Neighborhood Watch Initiative. Recipient of United States Air Force Air Medal for Bravery in Combat and Commendation Medal. (10 -7 -08) Lyndon Smiling Waylon D. West Project Manager, Derco Aerospace. Received BS in Technical Management from Embry- Riddle Aeronautical University. (12 -7 -09) Senior Designer, Maverick Engineering. Received AA from Eastern Arizona College. Activities include: Bayfest Volunteer. (5- 22 -09) g. MAYOR'S FITNESS COUNCIL — One (1) vacancy with term to 5 -11 -12 representing the following category: Health Care/Medical Professional. (Appointed by the Mayor with approval of the Council) DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: Veteran's Wellness, Corporate Initiatives, Health Care/Medical Professionals, Worksite Wellness, College/University, Disability Networks, Faith Based Partners, Senior Citizen Wellness, Youth/After School Programs, Community Outreach/Special Events and two (2) at large members. A liaison from the Governor's Advisory Council on Physical Fitness will also serve on the Committee. City residency requirement does not apply to liaison from the Governor's Advisory Council. ORIGINAL MEMBERS TERM APPTD. DATE Jane Bell (Disability Network) 5 -11 -11 5/11/10 ***Dr. Crystal Campos (Health Care/Medical) 5 -11 -12 5/11/10 Mary LaFrancois (At Large) 5 -11 -13 2/08/11 Marc Cisneros (Veteran's Wellness) 5 -11 -12 5/11/10 Rex A. Kinnison (Corporate Initiatives) 5 -11 -11 5/11/10 D. Scott Elliff (Youth/After School), Chair 5 -11 -11 5/11/10 Timothy M. Fitzpatrick (College/University)5 -11 -12 5/11/10 Rick Hayley (Gov's Liaison), Vice Chair 5 -11 -12 5/11/10 Judy Lapointe Jennings (Senior Citizen) 5 -11 -12 5/11/10 Father Joseph Lopez (Faith Based Partners) 5 -11 -12 5/11/10 Grete McBath ( Worksite Wellness) 5 -11 -11 5/11/10 Venessa Santos -Garza (Comm. Outreach) 5 -11 -12 5/11/10 Wade Spenst (At Large) 5 -11 -11 5/11/10 (The Mayor's Fitness Council is recommending the new appointment of Dr. Charles H. Campbell.) INDIVIDUAL EXPRESSING INTEREST Charles H. Campbell, MD Medical Director, South Texas Retina Consultants, LLP. (3- 31 -11) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Jessica L. Engelbrecht Registered Dietitian, National Renal Institute, DSL Received Bachelor of Science from Oklahoma State University at Stillwater, Oklahoma and Master of Science from Case Western Reserve University at Cleveland, Ohio. Activities include: YMCA, Junior League, American Dietetic Association Renal Dietetic Practice Group, American Dietetic Association Weight Management Practice Group, and Texas Dietetic Association. (1- 10 -11) Melissa N. Nesmith Medical Assistant, Allergy, Asthma, and Dermatology - James Caplin M.D. Biomedical Science Pre - Physician Assistant and Emergency Medicine Research Associate. Received Liberal Arts Degree from Del Mar College and Bachelor's Degree from Texas A &M University- Corpus Christi. (1- 21 -11) h. OIL AND GAS ADVISORY COMMITTEE — Four (4) vacancies with terms to 12 -31- 13 representing the following categories: 2 — General Public and 2 — Oil Industry. (Appointed by the Mayor with approval of the Council) (NOTE: The board has a policy of requesting the appointment of the Alternate members to the vacant positions and a new person fills the Alternate positions.) DUTIES: The committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare of the City. COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members from the oil and gas well industry; three (3) members from the general public who are not connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence of a public members, and one (1) from the industry to serve whenever an industry member is absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the oil and gas well industry. Members are appointed for three -year terms ending December 31, and may succeed themselves. Meetings are called by the Chairman or any three (3) members of the Committee within specified time limits. Four members constitute a quorum. The committee annually elects its own chairman and vice chairman. Members receive no compensation for their services. MEMBERS **Chet Freeman (Oil Industry) *Tom Fisher (General Public) ******Gretchen Arnold (General Public), Vice Chair Robert E. Powell (General Public) Glen Cooper (Oil Industry) *John Cantu (Oil Industry), Chair Gerald Rogen (Alt, General Public) Patrick McCullough (Alt., Oil Industry) TERM 12 -31 -10 12 -31 -10 12 -31 -10 12 -31 -11 12 -31 -11 12 -31 -10 12 -31 -12 12 -31 -12 ORIGINAL APPTD. DATE 3 -11 -08 5 -29 -07 12 -14 -04 12 -9 -08 12 -14 -04 9 -12 -06 7 -20 -10 7 -20 -10 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Tom Fisher (General Public) 1 John Cantu (Oil Industry) 1 NO. % OF ATTENDANCE PRESENT LAST TERM YEAR 1 100% 1 100% Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Savannah Nicole Antunez Katharine Barrera Michael J. Benning Tyler Brown George C. Clark Michael Creacy Received AA in Psychology from Del Mar College and BS in Psychology from Texas Woman's University. Activities include: The Cattery Cat Shelter and Private Tutor. (General Public) (3 -5 -10) Owner, Mosaic & Mosaic Kids. Attended University of Texas at Austin. Activities include: Livestrong Army CC, March of Dimes, Planned Parenthood South Texas, and Dress for Success South Texas. (General Public) (4 -15- 10) Owner, The Frame Up. Formerly Worked in Oil & Gas Industry and with the Texas Railroad Commission Oil and Gas Regulatory Group. Received BA in Biology and BS in Petroleum Engineering from University of Texas at Austin. Activities include: Art Center of Corpus Christi. (General Public) (4-22-10) 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. (General Public) (1- 11 -10) Operations Manager, Suemaur Exploration and Production, LLC. Received BS in Petroleum Engineering from Marietta College, Marietta, Ohio and MBA from Texas A &M University at College Station. Registered Petroleum Engineer. Activities include: Society of Petroleum Engineers, Boy Scouts of America Troop 3, and Chaplain. (Oil Industry) (7-13-10) Supervisor/Branch Chief, Corpus Christi Army Depot. Received AAS from Del Mar College and Attending University of Incarnate Word. Activities include: Federal Managers Association and American Heart Association CRP Lifesaver and AED Instructor. Recipient of Achievement Medal for Civilian Service, Special Act or Service Award, Letter/Certificate of Commendation and Boy Scouts of America District Award of Merit for Community Volunteer Awards. (General Public) (5 -7 -10) Robert A. Franklin Issac Gonzales Paul Grivich Gary J. Meurer Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University - Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. Currently Serves on the Human Relations Commission. (General Public) (7- 15 -09) Customer Service Representative, Signature Flight Support. Attending Del Mar College. (General Public) (5- 11 -10) 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. (Oil Industry) (4- 14 -09) Director- Project Management, Strike Construction, LLC. Received a B.S. in Civil Engineering from Texas A &M University. Registered Professional Civil Engineer. Recipient of Corpus Christi Business Alliance Top 40 Under 40 Award. (General Public) (3- 14 -11) Gerard Navarro, Jr. Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (General Public) (5- 14 -09) Terry Nelson Area Production Services Manager, Exterran. Attended South East Missouri State University. Activities include: CC Chapter API. (Oil Industry) (5 -7 -10) Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy/Smith International. (General Public) (8-24-09) WATER RESOURCES ADVISORY COMMITTEE — Four (4) vacancies with terms to 44 -13 representing the following categories: 1 — wholesale raw or treated water customer of the City's regional water supply system, 1 — residential customer (home owner) of the City's water system, 1 — large commercial customer of the City water system and 1 — representative of a military facility. (Appointed by the Mayor with approval of the Council) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the Council for two -year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system; 1 - large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping /nursery/horticulture interest; 1 - representative of apartment owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve as ex- officio member(s). MEMBERS *Don Roach (Wholesale Treated) *Jeff Edmonds (Residential Cust.),Chair *Michael Cox (Lg. Commercial) Frank C. Brogan (Port Ind., Vice Chair Mary K. Fant (School District) * *Mark Stroop (Military Facility) Michael Potter (Landscaping) Cindy Boston (Apt. Owners) Ruth Blake (Citizen at Large) TERM 4 -01 -11 4 -01 -11 4 -01 -11 4 -01 -12 4 -01 -12 4 -01 -11 4 -01 -12 4 -01 -12 4 -01 -12 ORIGINAL APPTD. DATE 9 -22 -09 3 -11 -08 3 -20 -07 12 -12 -06 12 -12 -06 3 -20 -07 8 -31 -10 8 -31 -10 12 -12 -06 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Don Roach (Wholesale) 2 Jeff Edmonds (Residential) 2 Michael Cox (Lg. Comm.) 2 NO. PRESENT 2 2 1 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 100% 100% 50% OTHER INDIVIDUALS EXPRESSING INTEREST Curt L. Broomfield William Paul Hunt Ed Labay Jerry Lipstreu Ron Maxwell Tala Meyer CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (Residential Customer) (9 -8 -09) 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. (Residential Customer) (6 -4 -09) Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University - College Station. (Residential Customer) (4- 16 -09) Area Manager, HIeinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (Residential Customer) (4- 30 -09) Self - Employed, Landscape Contractor and Master Gardener. Received BS in Plant and Soil Science from Texas A &I University at Kingsville. (Residential Customer) (4- 30 -10) Financial Advisor, Edward Jones Investments. Received BBS from University of Wisconsin - Whitewater and Attended Graduate Classes in Communication at Arizona State University. Activities include: Coastal Bend American Red Cross Board Member. Graduate of Leadership Corpus Christi and Leadership Texas. Formerly Served on Boards of Ronald McDonald House, Casa D'Amor, Leadership Alumni, Literacy Council and Corpus Christi Credit Counseling. (Residential Customer) (8 -9 -09) R obertS. Schmitchel President, ABC Irrigation, Inc. Activities include: American Backflow Prevention Association. Recognized in the Caller -Times "Leaders in Business" Section. (Residential Customer) (5- 13 -09) Lyndon Smiling Project Manager, Derco Aerospace. Received BS in Technical Management from Embry - Riddle Aeronautical University. (Residential Customer) (12 -7 -09) Mark Young Donald K. Zimmerman Manager, Nueces County Water Control and Improvement District #4. Licensed Water Operator B and Licensed Wastewater Operator C. (Wholesale Raw or Treated Customer) (7-2-09) Community Plans and Liaison Officer, United States Navy. Received a BS in Economics. (Military Facility) (3 -28- 11) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 411212011, AGENDA ITEM: RECOMMENDATION: Motion approving the purchase of one (1) Peterbilt truck tractor and four roll off containers from Rush Truck Center, Houston, Texas for a total amount of $267,490. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor and containers are replacement tg'the fleet and will be used by the Wastewater Department. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund. ISSUE: The truck tractor will be used to transport wastewater sludge in the containers from the Oso Wastewater Treatment Plant to the Cefe Valenzuela Landfill. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted: t Mic' ae Barrera Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 BACKGROUND INFORMATION Basis of Award: The equipment will be purchased through the cooperative purchasing agreement with TLGPC. The TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price Comparison: The City purchased a similar truck tractor and four roll off containers for the Wastewater Department in FY 09 -10 with a unit price of $242,764. The current unit price is $267,490. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: APRIL 12, 2011 ITEM DESCRIPTION QTY. UNIT PRICE SHEET BI- 0114 -11 RUSH TRUCK CENTER, HOUSTON HOUSTON, TEXAS Unit Extended Price Price 1. Peterbilt 367 truck tractor Chassis, four -25 yard open top American model # ARO- 60 -22 -XS sludge containers. 1 Lot $267,490.00 $267,490.00 Award Total $267,490.00 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/12/2011 AGENDA ITEM: RECOMMENDATION: Motion approving the purchase of ten (10) Ford Fusions from Champion Ford, Corpus Christi, Texas, in accordance with Bid Invitation No. BI- 0077 -11, based on alternate bid for total amount of $167,990. These units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund. ISSUE: These ten (10) vehicles will be used by the Police Department detective personnel for day -to -day police work. All units are replacement to the fleet. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 BACKGROUND INFORMATION in March 2011, the City issued a bid invitation, which was published in the Corpus Christi Caller Times and issued to five potential bidders. The City received only one bid from Champion Ford, Corpus Christi, Texas, for the Ford Fusions. Award Basis: Alternate bid. The only bid received was from Champion Ford. Champion Ford has taken exception to the engine requirements as stated in the specifications by offering a four cylinder in lieu of a six cylinder engine. Instructions to the bidders included in the bid invitation state the City expressly reserves the right to "consider and accept an alternate bid as provided herein when most advantageous to the City." The four cylinder has been deemed an acceptable alternate that will save the City in fuel consumption and not compromise the functionality of the vehicle. Price Comparison: The City purchased ten (10) Ford Fusions in 2008 for a unit price of $15,283. Pricing has increased approximately 9.92 %. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE: APRIL 12, 2011 ITEM DESCRIPTION 1. 2011 Ford Fusions Total: QTY. UNIT 10 Each BID TABULATION BI- 0077 -11 Ford Fusions Champion Ford Corpus Christi, Texas Unit Extended Price Price $16,799.00 $167,990.00 $167,990.00 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12, 2011 AGENDA ITEM: Ordinance authorizing the resale of property located at 4602 Surfside Blvd. for $20,000.00 which was foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $5,041.29; and declaring an emergency. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of these properties. A bid has been received for this property. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for this property. REQUIRED COUNCIL ACTION: Approval of the proposed Ordinance authorizing the resale of the listed property. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the property back on the tax roll. P-■.v ..6. -p . Constance P. Sanchez, CPA, CPM Interim Director of Financial Services ConstanceP@cctexas.com (361) 826 -3227 Attachments BACKGROUND INFORMATION Properties within the City of Corpus Christi are periodically foreclosed due to non - payment of ad valorem taxes. The city has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriffs sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. On January 28, 2011, the Iaw firm sent a letter to the City of Corpus Christi proposing the resale of seven (7) properties. City staff, however, removed one (1) of the properties for potential City use. The offers made on the remaining six properties were approved by the City Council on February 15, 2011. Since that time, however, the City has decided that the property that had previously been pulled will not be utilized for City use after all. The offer on this remaining property, therefore, is being presented in this agenda item at the bid price listed in Exhibit A. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The City of Corpus Christi is expected to receive a total of $5,041.29 from the sale. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. EXHIBIT A FORECLOSED PROPERTY LIST t- 1 1667 90-4039-E 4602 Surfside /31vd. Total ,.teciierty:LOCittion: 1055-0025-0020; Lots 2 and 4, Block 25, Brooklyn ID t 4TqpixE Amountof S 20,000.00 S 20,000.00 City's .•-roOkin, of gtPaving aid Demo $5O41.29 $ City's Portion $ 5 041.29 $ i ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 90- 4039 -E; Nueces County ve. William E. Frey Tax !D# & 1055.0025.0020; Lots 2 and 4, Block 26, Brooklyn Addition Property Location: 4602 Surtslde Blvd. - Corpus Christi Date of Safe: Amount Due Ali Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: November 2, 20W 93,258.41 20,000.00 744.50 64,350.00 21.45% 31.08% Entity Name Amount Due Each Entit Amount You Will Receive Nueces Coun 18 059.33 3 728,79 Nueces Count Education District 4 356.72 899.55 C" of C • • us Christi 24 418.02 5 041.29 Cor • us Christi lnde' endent School District 40 197.16 8 299.70 Dal Mar Colts! e 6 229.18 1 286.17 IIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIII THIS IS A WOOD FRAME HOUSE BUILT ON 9 FOOT CONCRETE PILINGS AT THE CORNER OF SURFSIDE BLVD. & REEF AVE IN NORTH BEACH THE HOUSE 1S NOT FIT FOR HUMAN HABITATION AND SHOULD BE DEMOLISHED. THE LOT IS 100 FT. X 130 FT., 2 BLOCKS FROM THE BEACH. THE PROSPECTIVE PURCHASER IS MARK TUBBS OF ACKLEY, IOWA -62- 1667 Exhibit A Page 2 u -I r ILL 04.0 sr, sr' "YES a uJ 3 w 0 U 2 x IP l! • 4 a tTT -63- wit no 11. ORDINANCE AUTHORIZING THE RESALE OF PROPERTY LOCATED AT 4602 SURFSIDE BLVD. FOR $20,000.00 WHICH WAS FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE $5,041.29; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT SECTION t That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of property located at 4602 Surfside Blvd. for $20,000.00 which was foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $5,041.29. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. 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 and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: April 6, 2011 By: 40-ii Lisa Aguiiarlssistant City Attorney for City Attorney Corpus Christi, Texas Day of , 2011 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 6 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A. Motion authorizing the City Manager to accept $4,290.00 in donations from event sponsors and registrants for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011. B. Ordinance appropriating $4,290.00 in donations in the No. 1020 General Fund for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011; changing the FY 2010- 2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $4,290.00 each; and declaring an emergency. ISSUE: Expenses were incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011. The expenditures were paid out of the City Secretary budget in the No. 1020 General Fund. Appropriation of the donations is needed to reimburse the City Secretary budget. REQUIRED COUNCIL ACTION: Council approval is required for acceptance and appropriation of funds provided for this project. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Armando Chapa City Secretary armandoc@cctexas.com (361) 826 -3105 Page 1 of 2 AN ORDINANCE APPROPRIATING $4,290.00 IN DONATIONS IN THE NO. 1020 GENERAL FUND FOR EXPENSES INCURRED IN RELATION TO THE TEXAS MUNICIPAL LEAGUE REGION 11 MEETING HOSTED BY THE CITY OF CORPUS CHRISTI ON FEBRUARY-17, 2011; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING REVENUES AND EXPENDITURES BY $4,290.00 EACH; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $4,290.00 in donations is appropriated from the No. 1020 General Fund for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011. SECTION 2. That the FY 2010 -2011 operating budget adopted by Ordinance 028683 is changed by increasing both revenues and expenditures by $4,290.00 each. SECTION 3. 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 day of March, 2011, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: -'1e , f By: Lisa Aguil Assistant Ety Attorney For City Attorney Joe Adame Mayor H:ILEG- DIR \Lisa12011 OrdinancelORDApprop- 1020General- TML.doc —70— Page2of2 Corpus Christi, Texas Day of , 2011 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: Ilwe, 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 H:1LEG- DIRtLisa12011 OrdinancelORR Approp- 1020General- TML.doc —71— 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12, 2011 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to execute all documents to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. B: Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. ISSUE: This grant is made available as appropriated by the State of Texas through the Corporation for National and Community Service project. The funds shall assist the grantee (City of Corpus Christi) in providing the Senior Companion Program, a national service program as authorized by the Domestic Volunteer Service Act of 1973. The fund authorization will be for the period September 1, 2010 through August 31, 2011. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate State grant funds from the Corporation for National and Community Service to support the Senior Companion Program from September 1, 2010 through August 31, 2011. PREVIOUS COUNCIL ACTION: On October 26, 2010 the City Council accepted and appropriated Federal funds in the amount of $275,007 from the Corporation for National and Community Service. This Council action authorized funding for the second year of a three -year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant to the City of Corpus Christi in the amount of $5,381 as appropriated by the State of Texas. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Michael Morris, Director Parks and Recreation Department MichaelMo @cctexas.com 361 -826 -3464 Attachments: Background Information Notice of Award —75— BACKGROUND INFORMATION The Senior Companion Program provides assistance to adults with physical, emotional, or mental health limitations, most of whom are elderly. These clients have difficulties with daily living tasks and Senior Companions help them retain their dignity and independence. Senior Companions serve from 15 to 40 hours a week and receive a stipend of $2.65 an hour. They must be 55 or older and meet established income eligibility guidelines. In addition to the stipend, they receive accident, personal liability, and excess automobile insurance coverage; assistance with the cost of transportation; and as feasible, meals during their assignments. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping, and or minor housekeeping chores. They also provide critical respite care service of hospice support for family caregivers. The amount of $5,381 is the exact amount granted from the previous grant period. This award is the state portion supplementing the national grant, no match is required. The grant is in year two (2) of a two (2) year grant cycle. State funding does not cover wages. The national and city matching funds provide funding for 3 FTE's. Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 • Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Award Information Agreement No.: 09SZWTX008 Project Period: Amendment No.: 1 Budget Period: CFDA No.: 94.016 Award Description 09/01/2009 - 08/31/2011 09/01/2009 - 08/31/2011 Provide {FDADS funding. Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S,C., Chapter 22) using money appropriated by the State of Texas. Funding Information Current Year Previously Tide Award/ Total Currant Awarded Amendment Year Tlt1s Year Total Obligated by CNCS • Grantee's Unabligated Balance (Carryover) 10 $5,381 $5,381 10 $0 $0 Total Available 10 $5,381 $5,381 Cumulative Funding for Project Period Total Awarded in Previous Years 15,381 Total CNCS Funds Awarded to Dale *10,762 Funding Source and Amount 2010-- OPE1 -Q52- COO - 61413 -4101 $5,381.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 7/16/10, The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2010 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's webalte at https:// egrants. cns. gov /termsandconditions /PGPSCPTandC Revised_20100610.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made In support of the approved Grant application. Corporation for National and Community Service: Page 1 For Official Use Only —77— Notice of Grant Award Senior Companion Program For Official Use Only 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Corporation for National and Community Service: 09/20/2010 Signature Date Lennetle 13. White Name (typed) Senior Grants Officer Title Lennette B. White, 215- 597 -27$2 Grants Official L.arsoenia Staley, (512)916 -7000 Program Official Page 2 For Official Use Only _7g_ Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A $5,381 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE SENIOR COMPANION PROGRAM. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute all documents necessary to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to form: March 24, 2011 : -;..vim Lisa Aguil'ar/, Assistant City Attorney for the City Attorney Corpus Christi, Texas of ,2011 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 Page 1 of 1 ORDINANCE APPROPRIATING A $5,381 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE SENIOR COMPANION PROGRAM. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $5,381 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreations Grants Fund for the Senior Companion Program. H:ILEG- D1R1Lisa1201 1 Ordinance \ORD- AppropSenior Companio Program grant.doc _81_ That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011, ATTEST: Armando Chapa City Secretary APPROVED as to form: April 6, 2011 By: Lisa Aguil Assistant City Attorney for the City Attorney Joe Adame Mayor 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12, 2011 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $249,802 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. ISSUE: In order to provide certain services associated with the City's Summer Recreation Programs, the City Council must approve a resolution to apply for the Summer Food Service Program Grant from the Texas Department of Agriculture in the amount of $249,802. REQUIRED COUNCIL ACTION: Action is required to apply for the Summer Food Service Program grant, appropriate grant funds and authorize the City Manager or designee to execute all related contracts and documents for the 2011 Parks and Recreation Department Summer Recreation Programs. PREVIOUS COUNCIL ACTION: The City Council has approved the Summer Food Program grant in prior years. FUNDING: Texas Department of Agriculture Special Nutrition Division provides grant funds for the Summer Food Program. There is no grant cash match required. CONCLUSION AND RECOMMENDATION: Staff recommends approval. Michael Morris, Dire tor Parks and Recreation Department 361-826-3464 MichaelMo @cctexas.com Attachments: Background BACKGROUND INFORMATION The Food and Nutrition Division of the Texas Department of Agriculture (TDA) provides funding for summer nutrition programs. The City's Parks and Recreation Department is again applying for this grant for the Summer Recreation sites and other local non - profit agencies. No local match is required for this reimbursement grant. Previously, this program has collaborative with many agencies to provide summer meals to the youth of Corpus Christi. Previous sites were: Alaniz Resource Center, Casa De Manana, Del Mar College, La Armada Resource Center, Lantana Square Apartments, Leeward Resource Center, Lulac Village Apartments, McKinzie Resource Center, Natatorium, Navarro Resource Center, Molina Neighborhood Center, Samuel Place Apartments, Women's Shelter, Joe Garza Recreation Center, Ben Garza Recreation Center, Lindale Recreation Center, Oak Park Recreation Center, Oso Recreation Center, Coles Recreation Center, Collier Pool, Greenwood Pool, Webb Elementary, Garcia Arts Education Center, Gonzales Community Center, Lexington Manor Center, Northside Manor Apartments, Wiggins Resource Center, Y.M.C.A., and Y.W.C.A. Previously CCISD schools were served under the Parks and Recreation our Summer Food Program, but due to CCISD participating in the Summer Nutrition program themselves, Parks and Recreation sites will be reduced. Last years grant request was $316,927 which is more than the requested amount of this years' grant of $249,802. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites. An Interlocal agreement will be forth coming. The City and CCISD again propose to enter into a contract for CCISD to prepare and deliver the lunches at a rate of $2.50 per lunch and $.65 per snack, both provided on a weekday basis during the eight week Summer Program from June 14, 2010 thru August 6, 2010. The lunches and snacks will consist of sandwiches, fruit/vegetable, milk and dessert. All meals follow the same nutrition guidelines as the National School Lunch Program. It is estimated that approximately 2,500 meals per day will be reimbursable meals. CCISD will maintain and provide menu records as well as daily meals served until the program's end. At the individual sites, the City employs CCISD Food Service staff as part-time, seasonal employees to verify meal counts, serve meals, and clean the sites. Grant funds are used to pay the seasonal employees, cleaning supplies, monitors, and food costs. Total program costs, including operation and administration, are to be provided by the State's reimbursement. A resolution is necessary to apply for the grant of $249,802. J Page 1 of 2 ' RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO TEXAS DEPARTMENT OF AGRICULTURE FOR A SUMMER FOOD PROGRAM GRANT IN THE AMOUNT OF $249,802 TO OPERATE A SUMMER FOOD SERVICE PROGRAM FOR SUMMER RECREATION PROGRAM PARTICIPANTS AGES ONE TO EIGHTEEN YEARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to Texas Department of Agriculture for a summer food program Grant in the amount of $249,802 to operate a summer food service program for summer recreation program participants ages one to eighteen years. SECTION 2, This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED 6,-a-,3 , 2011 Lisa Aguil Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor C:1©000ME- 111isaA \LOCALS -11 Temp\XPgrpwiselRES- authGrant- SummerFoodProgram- 2011.doo _87_ Page 2 of 2 Corpus Christi, Texas of , 2011 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 HA LEG- DIR1JeannletisalOrdinanc es- ResalutIonsIRES- auihGrant SummerFaodProgram- 2011,dac —88— 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12:2011 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept the $100,000 grant from the General Land Office (GLO), Coastal Management Program grant for beach, restroom, and parking access as part of the Corpus Christi Beach Promenade expansion; cash match is $67,000 from voter - approved Bond 2008 funding for Corpus Christi Beach improvements. B. Ordinance appropriating $100,000 from the General Land Office (GLO) Coastal Management Program grant in the No. 1067 Parks and Recreation Grants Fund for beach, restroom, and parking access for the Corpus Christi Beach Promenade expansion; and declaring an emergency. ISSUE: The City has been notified of an award of $100,000 in funds for American Disabilities Act (ADA) compliant beach, restroom, and parking access associated with the Corpus Christi Beach Promenade expansion. The application for funding was submitted to the General Land Office through the Parks and Recreation Department in October 2010. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or designee to accept and appropriate these funds. PREVIOUS COUNCIL ACTION: none FUNDING: GLO Coastal Management Program (CMP) Cycle #15 grant. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. Miclbaei Morris, Director Parks and Recreation 361 - 826 -3464 MichaelMoCa7cctexas.com Attachment: Background Information Notice of Award BACKGROUND INFORMATION The GLO / CMP Cycle #15 grant will provide $100,000 for infrastructure improvements at Corpus Christi Beach which will improve beach access for people with disabilities, increase public recreational opportunities near and in coastal waters, and promote environmental awareness about coastal natural resources. The $67,000 cash match for this grant will come from voter - approved Bond 2008 funding. Specific infrastructure improvements to be installed: - a 10 feet wide by 100 feet long ADA Compliant beach /water access mat a 1,350 linear feet expansion of the Corpus Christi Promenade eight educational signs that will interpret the bay's coastal natural resources native landscaping - a shade structure, and two drinking fountains Lo GENERAL LAND OFFICE JERRY PATTERSON, COMN1[SSIONER . November 16, 2010 Mr. Angel R. Escobar, City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 RE: General Land Office Contract No. 11- 016 -000 -4313 — CMP Cycle 15 Dear Mr. Escobar: Enclosed is one full CMP Cycle 15 Contract between the City of Corpus Christi and the GLO, as referenced above, plus the execution page from the GLO's original. Please have the documents properly executed where indicated by an official authorized to bind the City and return only the six (6) execution pages, directly to my attention (envelope provided). 1 will have them finally executed, and will promptly return one set of executed signature pages to you to rejoin with the City's Contract. If you have questions concerning the Contract, please do not hesitate to contact me directly at (512) 475 -2225, or via email ( iudy.coover©glo..state.tx.us). Sincerely, y Coover — Sr. Contract Specialist egal Services Division JC/jc enclosures Judy Coover — Senior Contract Specialist Texas General Land Office Legal Services Division — Mail Code 158 PO BOX 12873 Austin, TX 78711 -2873 or 1700 N. Congress Ave. — Mail Code 158 I Austin, TX 78701 Stephen F. Austin Building • 1700 North Congress Avenue • Austin, Texas 78701 -1.495 Post Office Box 12873 • Austin, Texas 78711 -2873 512- 463 -5001 • 800- 998 -4GLO www.glo.state.tx.us —93— Page 1 of 2 RESOLUTION AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE $100,000 GRANT FROM THE GENERAL LAND OFFICE (GLO), COASTAL MANAGEMENT PROGRAM GRANT FOR BEACH, RESTROOM, AND PARKING ACCESS AS PART OF THE CORPUS CHRISTI BEACH PROMENADE EXPANSION; CASH MATCH IS $67,000 FROM VOTER APPROVED BOND 2008 FUNDING FOR CORPUS CHRISTI BEACH IMPROVEMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute all documents necessary to accept the $100,000 grant from the General Land Office (GLO), Coastal Management Program Grant for beach, restroom, and parking access as part of the Corpus Christi Beach Promenade expansion with a cash match of $67,000 from voter - approved Bond 2008 funding for Corpus Christi Beach improvements. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED1\ -ci-.23j, 2011 zo,;, Lisa Aguilar Assistant City Attorney For City Attorney H: 1LEG- DIRWea nnleltisalOrdinances- ResolutionslRES- authACCeptGrant GLO- CCBeach.doc -94- Page 2 of 2 Corpus Christi, Texas of , 2019 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 H: 1l EG- DIR1JeanniellisalOrdinances- Resolulions1RES- authAcceptGrant GLO- CGHaach.doc —95— Page 1 of 2 ORDINANCE APPROPRIATING $100,000 FROM THE GENERAL LAND OFFICE (GLO) COASTAL MANAGEMENT PROGRAM GRANT IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR BEACH, RESTROOM, AND PARKING ACCESS FOR THE CORPUS CHRISTI BEACH PROMENADE EXPANSION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $100,000 General Land Office (GLO) Coastal Management Program Grant is appropriated in the No. 1067 Parks and Recreation Grants Fund for Beach, Restroom, and Parking Access for the Corpus Christi Beach Promenade expansion. 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 April, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: OC -►rYr ,2011 Lisa Agui, Assistant City Attorney For City Attorney CA DOCUME- 1IlisaMLOCALS- 11TempIX PgrpwiselORD- appropGLO- CCBesah.doc —96— Page 2 of 2 Corpus Christi, Texas day of ,2011. 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:ILEGDIRUeannielLl isalOrdinances- ResoiutionslORD- appropGLO- CCBeach.doc _97_ 10 AGENDA MEMORANDUM City Council Action Date: April 12, 2011 SUBJECT: Extend Promenade Northward on Corpus Christi (North) Beach Project No. 3393 / CIP No. PR 19 AGENDA ITEM: Motion authorizing the City Manager or designee to execute Amendment No. 2 to the Contract for Professional Services with John R. Wright, Architect, of Corpus Christi, Texas, for a revised fee not to exceed $7,500 for a total contract amount not to exceed $57,300 for the Extend Promenade Northward on Corpus Christi (North) Beach project for additional design phase services. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Park and Recreation Projects. It is a continuation of the promenade boardwalk that was construction as part of the Bond Issue 2004 improvements. The project includes several improvements to the Corpus Christi Beach area, including entry development and sidewalks, which are currently under construction. The final development of this scope for the Extend Promenade Northward has included the input of the Corpus Christi Beach Task Force, adjacent property owners, and City Staff. This proposal is for additional design of the project to for added shade structures and benches. Additional work includes restructuring the bid documents to include three (3). alternate additive bid items to work within existing budget limits. FUNDING: Funding is available from the Parks and Recreation Capital Improvement Budget FY 2011 -2012. RECOMMENDATION: Staff recommends approval of the motion as presented. Michael Morris Director of Parks and Recreation 361/826-3464 michaelmo @cctexas.com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Project Budget Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean cctexas.com H:IHOME1Rachelle5GENlParks S Recreation \3383- Extend Promenade on CC Beach5Arnd No. 2 (Large AE)Wgende Memo.doc —101 -- AGENDA BACKGROUND INFORMATION SUBJECT: Extend Promenade Northward on Corpus Christi (North) Beach Project No. 33931 CIP No. PR 19 PROJECT DESCRIPTION: This project is a continuation of the promenade boardwalk built with funding provided by the 2004 Bond Election. This phase of the project includes plans for the promenade to swing out and run along the vegetation line farther toward the water. Additional work will include benches installed for comfortable sitting and viewing. Expansion of the promenade will allow for the installation of an ADA- compliant beach /water access mat and connect it to two existing parking lots with ADA compliant parking spaces. The installation of the wheelchair access mat on Corpus Christi Beach is the first such installation within the Corpus Christi Bay system. In addition, expanding the Corpus Christi Beach Promenade outside the hotel district and connecting it to two additional public parking Tots increases access to the beach for day visitors. Phase I of the promenade expansion was funded by a Coastal Management Program (CMP) grant in 2002. The City of Corpus Christi built Phase II of the promenade with local funds in 2006. This phase (Phase III) will not only include the expansion of the promenade but also the installation of eight interpretative signs, which will educate the public about the bay system's coastal natural resources, environmental threats, and actions to protect the environment. AMENDMENT NO. 2 DESCRIPTION: Amendment No. 2 proposes to provide the necessary architectural services to accommodate the expansion of the project for added shade structures and benches. Additional work includes restructuring the bid documents to include three (3) alternate additive work items. John R. Wright, Architect, was initially selected for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects. He was also selected as a consultant for two other Bond Issue 2008 projects: Corpus Christi (North) Beach Entry Development (Project No. 3394) and Corpus Christi (North) Beach Sidewalks. 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 Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. H:NOMEIRachellehGEMparks & Recreetionh3393- Extend Promenade on CC Beech%Amd, No. 2 (Large AE)L4genda Background.doc —102— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Extend Promenade Northward on Corpus Christi (North) Beach Project No. 3393/ CIP No. PR 19 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. March 8, 2011 - Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100, (Ordinance No. 028995) 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). 4. May 10, 2010 — Administrative approval of a Small AIE Agreement for Architect/Engineer Consultant Services with John R. Wright, Architect, of Corpus Christi, Texas, in the amount of $48,300 for the Extend Promenade Northward on Corpus Christi (North) Beach project for preliminary phase, design phase, bid phase, construction phase, and additional phase services. 5. August 4, 2010 — Administrative approval of Amendment No. 1 to the Small NE Agreement for Architect/Engineer Consultant Services with John R. Wright, Architect, of Corpus Christi, Texas, in the revised amount of $1,500 for a total revised fee of $49,800 for the Extend Promenade Northward on Corpus Christi (North) Beach project for additional topographic survey services to include the grant - funded kayak launch. 11:1ItOMElRachellelG£MParks & Recreation13393- Extend Promenade on CC BeachtArldo3 ..Large AE)4Pdor Project Actione.doc EXHIBIT `B" Page 1 of 1 PROJECT BUDGET EXTEND PROMENADE NORTHWARD ON CORPUS CHRISTI BEACH Project No. 3393 April 12, 2011 FUNDS AVAILABLE: Parks and Recreation CIP General Land Office Grant Prior Year's CIP FUNDS REQUIRED: Construction Estimate Contingencies Estimate Consultant Fees: Consultant - John R. Wright, Architect Original Contract (Approved 5- 10 -10): $48,300 Amendment No. 1 (Approved 8- 4 -10): $1,500 Amendment No. 2 (This Contract): $7,500 Materials Testing (TBD) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) Construction Observation Services Finance Issuance Misc. (Printing, Advertising, etc.) $458,700.00 $100,000.00 $41,300.00 TOTAL $600,000.00 $434,625.00 $43,463.00 $57,300.00 $8,693.00 $13,039.00 $15,212.00 $7,500.00 $6,519.00 $2,173.00 TOTAL $588,524.00 ESTIMATED PROJECT BUDGET BALANCE $11,476.00 EXHIBIT "C" Page 1 of 1 File : 1MDroiect councilexhibits\exh3393.dwa MUFCES F.M. 624 NUEcEs 23.11.y Try Up ROAD O 0 HWY 44 McGLOIN RD AGNES CC4A y 1 w. PaNr' LOCATION MAP NOT TO SCALE PROJECT LOCATION CORT'US RAY to 1 PROJECT # 3393 • :1y w. a it VICINITY MAP NOT TO SCALE PROJECT SITE EXHIBIT "D" EXTEND PROMENADE NORTHWARD ON CORPUS CHRISTI (NORTH) BEACH 105 CITY COUNCIL DCHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03 -10 -2011 ■Ir NMI 11•V NMI AMENDMENT NO. 2 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City" and JOHN R. WRIGHT, ARCHITECT hereinafter called "Consultant" agree to the following amendment to the Contract for Professional Services for Extend Promenade Northward on Corpus Christi (North) Beach (BOND ISSUE 2008) (Project No. 3393), as authorized and amended by: Original Small A/E May 10, 2010 Amendment No. 1 August 4, 2010 Administrative Approval Administrative Approval $48,300.00 $1,500.00 In the original contract, the SCOPE OF SERVICES shall be modified to include the following paragraphs: 1. SCOPE OF PROJECT Extend Promenade Northward on Corpus Christi (North) Beach (BOND ISSUE 2008) (Project No. 33931 Amendment No. 2 proposes to provide the necessary architectural services to accommodate the expansion of the project for added shade structures and benches. Additional work includes restructuring the bid documents to include three (3) alternate additive work items. 2, SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform professional 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. Exhibit "A -1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit "A ". Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing . by the A/E and AMD. NO. 2 Page 1 of 3 H:SHOME4RachellelGEN4Parks 8 Recrealian13393- Extend Promenade on CC Beach4Amd. No. 24Large Amd..docx —106— written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concu rrence of the Director of Engineering Services. The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE Consultant agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the Consultant a fee, as described in Exhibit "A ", for providing services authorized, a revised fee not to exceed $7,500.00 (Seven Thousand Five Hundred Dollars and Zero Cents), for a total contract amount not to exceed $57,300.00 (Fifty - Seven Thousand Three Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "D ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in AMQ. NO. 2 Page 2 of 3 N:IHOME \Rachelle \GENlParks & Reoreahonl3393- Exlend Promenade an CC BeachWmd. No. 2lLarge Amd..docx —107— advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached as Exhibit "C ". CITY OF CORPUS CHRISTI `RIG i CH1TECTS Juan Perales Jr., P.E. Date Joh R. Wright, AIA Date Assistant City Manager • N. Upper Broadway, Suite 195 Corpus Christi, TX 78401 (361) 774 -7669; (361) 882 -1632 RECOMMENDED 3 /3tAt 60Pete Anaya, P.E. Date Director of Engineering Services ATTEST Armando Chapa, City Secretary APPROVED AS TO FORM City Attorney Date Project Number: 3393 3;2T L- Funding Source: 550950 - 3249 -- 0000 -�, & Encumbrance Number: £5.'93 AMD. NO. 2 Page 3 of 3 H[1HOME4Rachelle1GENSParks 8 Recrealion53393- Exlend Promenade on CC BeachWmd. ND. 24Large Amd..doox —108— 4,61 6 CI c February 9, 2010 Mr. Billy Delgado Engineering Services City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Re: Request For Additional Fees for Expanded Scope of Work Extend Promenade Northward on Corpus Christi, (North) Beach Bond Issue 2008 Project No, 3 3'13 Dear Mr. Delgado, Architects are.reciue, ting additional tees for an expanded scope of work for the above referenced prciject. This work consists of modification to existing document, and additional documentation for added shade StTUC fur es and benches. Additional work includes restructuring of hid documents to include 3 alternate additive work items. Additional work includes the following: Design and Docurnenta.tion of 7 shade structures along- the Promenade. Structural Engineering for Added Shade Structures Selection ofa bench type for 7 locations along the Promenade. Modification of Promenade to accornidate 7 ADA shade structure pads Modification of Landscaping Design and Layout Modification of Civil Engineering Design and Layout identifying and Documenting 3 Additive Alternate Bid Iterns. We are requesting $7.500 additional service fees to cover this added scope of work. —109— EXHIBIT "A" Page 1 of 1 EXTEND PROMENADE NORTHWARD ON CORPUS CHRISTI (NORTH) BEACH (Project. No. 3393) SUMMARY OF FEES .CONTRACT AMD. NO. 1 AMD. NO. 2 TOTAL BASIC SERVICES 1 Preliminary Phase $11,200.00 $0.00 $0.00 $11,200.00 2 Design Phase 22,100.00 0.00 7,500.00 29 600.00 3 Bid Phase 800.00 0.00 0.00 800.00 4 Construction Phase 1,400.00 0.00 0.00 1,400.00 Subtotal Basic Services 35,500.00 0.00 7,500.00 43 000.00 ADDITIONAL SERVICES Permit Preparation 1 (TDLR Submittal) 3,500.00 0.00 0.00 3,500.00 Topographic Survey 2 (Capnor USA Inc.) 1,350.00 1,500.00 0.00 2,850.00 3 Construction Observation 7,350.00 0.00 0.00 r 7,350.00 4 Warranty Phase 600.00 0.00 0.00 600.00 Subtotal Additional Services 12,800.00 1,500.00 0.00 14,300.00 TOTAL AUTHORIZED FEE $48,300.00 $1,500.00 $7,500.00 $57,300.00 EXHIBIT "A -1" Page 1 of 1 ORIGINAL EXHIBIT "A -1" Page 1 of 1 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non - renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Paae 1 of 3 H :IHOMEIRachelle \GENIFormsILARGE AEILARGE AE EXHIBIT B -OCT 2010.000X H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof, J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. it is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. IrXHIB1T "B" Pae3of3 H IHOME4RacheNeIGENTorms4LARGE AE4LARGE AE EXHIBIT B -OCT 2050.DOCX —112— w.r City of Corpus Christi SUPPLIER NUMBER To BE ASSIGNED BYZJTY -- PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for filing requirements, certifications and definitions. COMPANY NAME: Wright Architects P. O. BOX: STREET ADDRESS: 719 N. Upper Broadway, Ste. CITY: Corpus Christi ZIP: 78401 195 FIRM IS: I. Corporation 2. Partnership 4. Association 5. Other 3. Sale Owner X DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet, 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A —113— EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on. a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public m general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)} . CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: John R. Wright, AJA Tide: Owner Signature of Certifying 1 Date: Person: �. DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. —114— EXHIBIT "C" Page 2 of 2 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12, 2010 AGENDA ITEM: A. Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2011 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Blvd. and N. Chaparral Street, up to and including Barge Dock area; during April 21 through May 9, 2011, and areas used for parade routes and paid parade viewing areas, as defined in the lease agreement; provide for Commission paying 50% police overtime and 100% all other City costs and fees; and declaring an emergency. B. Motion approving a $3.00 admission fee and/or $4.00 for adults (depending on date) and $3.00 per day for seniors, children under the age of 17 and persons with disabilities for Buccaneer Days Festival from April 21, 2011 through May 9, 2011. ISSUE: Council is requested to approve the date, location, admission fees and consideration for the 2011 Buccaneer Days Festival and related activities. REQUIRED COUNCIL ACTION: City Council's action is required for lease agreements and fees charged in conjunction with public events. PREVIOUS COUNCIL ACTION: City Council approved the 2008, 2009, and 2010 Buccaneer Days Festival lease agreement for the annual festival and related activities. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Mic ael Morris, Di ector Parks and Recreation Department MichaelMoAcctexas.com 361- 826 -3464 Attachments: Lease agreement ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC. ( "COMMISSION ") FOR 2011 BUCCANEER DAYS FESTIVAL AND RELATED ACTIVITIES TO ALLOW USE OF CITY PROPERTY BOUNDED BY RESACA STREET TO PALO ALTO STREET AND SHORELINE BLVD AND N. CHAPARRAL STREET, UP TO AND INCLUDING BARGE DOCK AREA; DURING APRIL 21 THROUGH MAY 9, 2011, AND AREAS USED FOR PARADE ROUTES AND PAID PARADE VIEWING AREAS, AS DEFINED IN THE LEASE AGREEMENT; PROVIDE FOR COMMISSION PAYING 50% POLICE OVERTIME, AND 100% OF ALL OTHER CITY COSTS AND FEES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a lease agreement with the Buccaneer Commission to conduct the 2011 Buccaneer Days Festival and related activities. The Agreement provides for use of Shoreline Blvd. from Power Street north up to and including the Barge Dock area during period of April 21 through May 9, 2011, and other areas, all as described in the Lease agreement. The Agreement also provides for Commission paying 50% of police overtime costs and 100% all other city costs and fees. A copy of the Agreement 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 (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 , 2011. ATTEST: Armando Chapa City Secretary Approved: March 25, 2011 By: Lisa Aguilar, for City Attorn tant City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas Day of ,2011 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 BUC DAYS SHORT TERM 2011 LEASE AGREEMENT State of Texas § Page 1 of 23 Know All By These Presents: County of Nueces § This short term Lease Agreement ( "Lease Agreement ") between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through .its duly designated City Manager, and the Buccaneer Commission, Inc. ( "Commission "), a Texas non - profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Commission — means the Buccaneer Commission, Inc., a Texas non - profit corporation. f. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. g. Event - means the annual Buccaneer Days Festival ( "Buc Days ") and related activities sponsored by the Commission including carnival a barbeque cook -off along Shoreline Blvd; and parade Events. The Event dates are described in Section 2, Section 3 and Exhibit B. h. Parks Director - means the City's Director of Parks and Recreation or designee. i. Police Chief - means the City's Police Chief or designee. j. Premises - means the Event sites for the Buccaneer Days Festival and related activities more fully described in Section 3 and on the attached and incorporated Exhibit A. k. Projects — Seawall repairs and renovations. The Projects will affect parking, streets, and Premises identified in this Lease. L Risk Manager - means the City's Director of Risk Management or designee. m. City Secretary — means the City Secretary or designee C:1 UsersVAMYMCC- 11AppDaialLocal lTemplBucDays .2011.5hort.Term.Lease clean -3.doc —120— Page 2 of 23 2. Term. This Lease Agreement takes effect upon execution by the City Manager. The Commission will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Premises. City grants to the Commission the privilege of using City property to conduct its annual Buccaneer Days Festival for the dates set forth in Exhibit B: A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Area (Arena). B. For the BBQ Cook Off: Premises are described in Exhibit A. Area is along S. Shoreline and N. Shoreline, from Resaca Street north up to and including the Barge Dock area located near Art Museum of South Texas. C. For the Buc Days Festival, Premises are described in Exhibit A as the Buc Days Event Site, which is located on portions of area bounded by S. Chaparral and Shoreline Blvd, between Resaca and Power Streets. D. If any of the desired Premises include use of the American Bank Arena area ( "Arena Area "), Commission shall obtain separate agreement with SMG, the City's General Manager of the Arena Area. E. For the Buc Days Illuminated Night Parade on Saturday April 30, 2011: Parade begins on Leopard Street at Buc Stadium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south on southbound Shoreline Blvd. to Park Avenue. Breakup area is on southbound Shoreline Blvd. at Memorial Coliseum area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below.. F. For the Junior Parade on Saturday May 7, 2011: Parade begins in front of Brewster Street parking lot, turns right onto N. Tancahua, proceeds down to Belden Street, turns left on Belden Street, and then left on Mesquite. Street closure and parade permits must be obtained as required in Sections 11 and 21 below G. For the Buc Days Illuminated Night Parade, Commission has exclusive use of the parking lots located south and north of area of former Memorial Coliseum, on Saturday April 30, 2011, for the times of 8:00 A.M. to Midnight, to serve as secured parade breakup area. H. Landscaped areas within the Premises must be protected during the Event. L For all activities on the barge dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. Premises Revisions. Commission may use any grassed or landscaped areas, including the newly landscaped median in front of the Area; however, the Commission shall make every effort to minimize the impact to turf in these grass areas. It is 11:1LEG -DER\L sa12011 Parks1BucDays .2011.Short.Term.Lease clean.doc —121— Page 3 of 23 recommended that no concessions rides or parking be permitted on the grass areas to prevent potential damage. Other uses shall be permitted as authorized by the Director of Parks and Recreation. Construction along Shoreline may significantly impact and change the Premises (Exhibit A) and other parts of this lease (see Section 8). If Exhibit A is revised, new Exhibits A will be executed by the City Manager and Commission Agent and filed with the City Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A becomes effective upon filing with the City Secretary. 5. Event Layout Diagram. The Commission's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. The Commission must pay City a one -time Special Event Permit fee of $150.00 under City ordinance. 7. Payment of City Costs. In consideration for the use of City property the Commission will pay the City within 30 days after receipt of City invoice the actual cost incurred for services rendered, including any other City services provided by departments other than Parks & Recreation and Police, less any amount(s) that the Commission has disputed. An invoiced amount will be considered to be in dispute upon receipt, by the Parks Director, of a written notice from the Commission. The written notice must detail the basis for the disputed claim and must be received by Parks Director within twenty (20) calendar days of Commission's receipt of City invoice. Resolution and payment of any disputed amount(s) will be governed by Section 27. The Parks Director will invoice the Commission for the costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered (such as set up and take down, Event clean -up, street sweeping, and repair categories. Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event may include, but are not limited to: 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. This includes but is not limited to, damages caused by negligent acts or omissions of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. This includes but is not limited to, damages to the utility infrastructure such as water lines caused by acts of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. If the sod at the Premises is damaged, Commission agrees to either replace the sod with similar product, or to H:1LEG- DIR \Lisa2O11 ParksWWucDays .2011.Short.Term.Lease clean.doc —122— Page 4 of 23 reimburse the City's costs for sod replacement. Commission may repair damages within 3 days. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed, see Section 22 below. (The Commission will be given the opportunity to hire and work its own clean up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable City rates for the Police Officers assigned. For the 20.11 Event, Commission shall be responsible for 100% of all non - police City Direct Costs, 100% of all City health permit/vendor and related fees, and 50% of police overtime. 4. Costs of any other services requested by Commission's Agent and provided by City are Commission's responsibility. City will provide an itemized bill of Direct Costs, if any, within 30 days after the Event closes. Commission will pay City's Direct Costs, if any, as billed within 30 days after City tenders the invoice to Commission, less any amount(s) the Commission has disputed in accordance with the procedure above. B. Notice of Costs. For planning purposes only, attached as Exhibit D are estimates of the rates and costs for City Services that may be provided for the Event. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Commission representatives and execute an Exhibit describing City Services to be provided for the Event and the cost to be paid to City. Commission shall be liable for all actual cost incurred by City related to the Event . even if the actual cost exceeds the cost shown in Exhibit D. C. Late Fee. Commission's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice; less any disputed amounts, and said fee will be added to the net amount payable to the City. 8. Annual Planning Meetings. Two months prior to this year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Premises be reviewed with regard to the areas of set -up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Premises are impacted by the Projects and whether Exhibit A needs to be revised by the Parks Director and Commission. If revised, new Exhibit A will need to be filed with the City Secretary's office. Commission's Agent may request additional meetings. C:IUsers\AMYMCC -1 WppDatalLocaFTemp \BucDays.2O11.Short.Term.Lease clean -3.doc —123— Page 5 of 23 9. Deposit. The Commission must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to the Commission within 30 days after the Event. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3461 FAX (361) 880 -3864 if to Commission: Event Manager The Buccaneer Commission, Inc. P.O. Box 30404 Corpus Christi, TX 78463 -0404 (361) 884 -8331 or 882 -3242 FAX (361) 882 -5735 11. Temporary Street Closures (Exhibit C to be attached upon completion of street closure process). The street closure process will govern any necessary street closures. Commission must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps. 13. Barricades, Traffic Signs. The Commission must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access 14. Signage and Advertising. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre - approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of the Event and its related activities. C: 1UsersIAMYMCC- 11AppData\ LocallTemplBucDays .2011.Short.Term.Lease clean -3.doc —124— Page 6 of 23 16. Insurance. Commission's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least 2 weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission's Events on Premises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 17. Indemnity. Commission shall indemnify and hold City, its officers, agents and employees ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ( "lndemnitors') entering upon the Premises pursuant to this Commission Lease Agreement, to use the Premises and those portions of Shoreline and streets that are closed to set-up and take -down, hold, attend, or participate in the Buccaneer Days Festival and associated activities, on the Premises, with the expressed or implied invitation or C:1Users\ AMYMCC- 11AppDatalLocallTemplBucDays .2011.Short.Term.Lease clean -3.doc —125— Page 7 of 23 permission of Commission, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the Premises or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees or Indemnitors, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors in administering parade vendor permits. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. The Commission, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame included in the written notice of safety hazards, 19. Damages to City Property. Parks Director will provide the Commission's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event. Commission will restore all items on the punchlist within 3 days after receipt of the punchlist. If the Commission fails to restore all items on the punchlist, Parks Director may do so and invoice the Commission for Direct Costs, as set out in Section 7 above. Commission shall be responsible to replace any turf damaged due to the use for this event. Commission or its agent must fill and compact all holes in grassy areas made by Commission or any entity or person participating in the Event. Parks Director must approve fill material. 20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, requires the prior written approval C :Users\ AMYMCC -1 \AppDatalLocal \TemplBucDays.2o 11.5 hort.Term.Lease clean -3.doc —126-- Page 8 of 23 by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. A. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City- County Health Department for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City health permit /vendor and related fees. For example, the temporary food service establishment permit fees established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other permits Commission must obtain are Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from Building Inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. B. Fireworks. There are no fireworks associated with the 2011 Buc Days Event. 21.1. Parade Vendors A. Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (I) For the Buccaneer Days Lighted Parade ( "Lighted Parade "), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events. Parade vendor permits shall be issued for the period specified in this section only and the fee therefore shall be one hundred dollars ($100.00) for each vendor and/or vending unit, which fee shall be in Lieu of the permit fee established for vendors by the Buc Days Commission. Parade vendor permit fee for Commission Parade Events is $100.00. C. Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Chapter 38 of the City Code of Ordinances, copy, attached as Exhibit E, as may be amended by the City Council. C:IUsers\ AMYMCC- 11AppDatalLocallTemplBucDays .2011.Short.Term.Lease clean -3.doc —127— Page 9 of 23 D. Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. E. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by City Police Department. F. Commission shall ensure that all food and beverage vendors comply with all requirements of the Corpus Christi - Nueces County Public Health Department and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. G. Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Commission desires to place stationary vending booths along the parade route on real property owned by the City of Corpus Christi during Parade Events. The Commission may place a vending booth at a specific location that has been reviewed and approved in writing by the City Manager or designee, the Chief of Police or designee, the Fire Chief or designee, the Director of Engineering Services or designee, the Traffic Engineer or designee, the Parks Director or designee, and the Director of Solid Waste or designee. 1 Stationary vending booths at City - approved locations may be placed no earlier than 48 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. J. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. K. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. L. Commission shall obtain all necessary permits prior to the placement of vending booths at City - approved locations. M. No alcoholic beverages may be sold by a parade vendor. N. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event, All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. C: UsersL 4MYMCC- 1\ AppData\ LocaRTemplBueDays .2011.Short.Term. Lease clean -3.doc —128— Page 10 of 23 21.2 Parade Viewing Area Permits For City Property Along Parade Route For Rental to General Public A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: (1) Along the Buccaneer Days Lighted Parade route from the Schatzell ramp by between Coopers Alley and Park Avenue on Shoreline, from the start of the parade until the end of the parade. B. Commission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. C. Commission shall require the nonprofit groups to clean the parade viewing area. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 22. Clean Up. Commission must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Commission may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. Commission may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give Commission's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. Commission must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non - exclusive use period after the close of the. Event, However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances C:= Users\ AMYM ICC-- 1\ AppDatalLocal\ TemplBucDays .2011.short.Term.Lease clean -3.doc —129— Page 11 of 23 that Commission will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. 24. Temporary Buildings. Commission must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. 25. Electrical & Water Services. City does not provide electrical service on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. 26. Permissible Vendor Location Markings. No paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and the Commission agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to the Commission. In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Lease Agreement in no way waives the Commission's rights to seek other legal remedies during the appeals process. 28. Emergency Vehicle Lanes. Commission must at all times maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. 29. Assignment. Commission may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part of Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition C:1 UsersI AMYMCC- 11AppDatalLocallTemplBucDays.201 i.Short.Term.Lease clean -3.doc —130— Page 12 of 23 by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set -off against any debt or liability of Commission to City otherwise accrued by breach hereof. 31. Right of Commission to Use Public Streets. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Lease Agreement. 32. Not Partnership or Joint Venture. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. The Commission recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 35. Non - discrimination. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Commission may provide a temporary six -foot (6') chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the Commission's needs upon Parks Director's concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary C:\Users\AMYMCC -1 AppOatalLocai\ Temp \BucDays.2011.Short.Term.Lease clean -3.doc —131— Page 13 of 23 and supersede the existing Exhibit, The new Exhibit A becomes effective upon filing with the City Secretary. 37. Admission Fee. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 38. Security. Commission must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Commission will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Commission. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off -site crowd and traffic control for the Event as needed and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 39. City shall not authorize any carnivals on City property within 30 days before Event. 40. Entirety Clause. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Margie C. Rose City Secretary Legal Form Approved q I , 2011 Lisa Aguila( H:1LEG- DIR \Lisa12O11 Parks \BucDays.2O11.Short.Term.Lease clean.doc Interim City Manager —132— Assistant City Attorney For City Attorney THE BUCC MMISSION, INC. By Ba - Box, Ex Date: 'rector C:IUsersAAMYMCC -1 AppDatalLocailiemp \BucDays.2611.5hort.Term.Lease clean -3.doc — 1 33— Page 14 of 23 Exk:I.Dif A - P654. 1 P 2_ -134- N. GHAPAFRACST: RAIA te, Cot 11,1p 4.0t1 vottuActi" theck.)%4 4cier -irsek-aeN4‘44* knce'ltine• VOLiar ktviam.v, 4- fili4 etfrA Page 17of23 EXHIBIT B 2011 Lease Agreement Event Locations, Dates & Summary Buc Days Carnival Along Shoreline from Power St. to Resaca, on Water Street from Fitzgerald to Resaca EXCLUSIVE: April 28 through May 8 Buc Days BBQ Cook Off Just outside American Bank Center, from Resaca to Barge Dock EXCLUSIVE: April 21 through April 23 Buc Days Pro Rodeo (April 20 -- 23) American Bank Center Arena (Commission shall contract directly with third party arena ma nagement company for use of American Bank Center Area.) C:IUsers\ AMYMCC- 11 AppDatallocall TemplBucDays .2011.Short.Termjease clean -3.doc —13 6— N SCALE: 1"=35C PHASE I STREET CLOSURE PHASE II STREET CLOSURE KEY = - STREET CLOSURE 7........= EXHIBIT C:. SUBJECT: PHASE I AND PHASE II STREET CLOSURES BUC DAYS 2011 - SITE PLAN - Traffic Engineering Div. Engineering Services Dept, -137- Page 19 of 23 BUC DAYS 2011 EXHIBIT D — ESTIMATED EXPENSES* Park & Recreation (credit account 343697- 1020 - 12910): $2,000.00 Police (overtime at 50% of cost) Carnival costs estimate $37,000 in2011 $14,500.00 Solid Waste and Street Services (credit account 30933 - 1020- 12510)(Street) $3,500.00 (credit account 344120 - 1020- 12350)(Solid Waste) 0.00 Storm Water (credit account 36006- 4010 - 32010) $1,960.25 TOTAL: $21,960.25 *Commission may or may not use all services estimated on this sheet. There may be additional services requested by Commission which may require a revised estimate. These estimates do not include costs of emergency calls. Actual costs for emergency calls will be billed directly to and paid by Commission. C: 1LlsersLAMYMCC- 11AppDatalLocal\ Temp \BucDays.2011.5hort.Term.Lease clean -3.doc —138— Page 20 of 23 EXHIBIT E PARADE VENDOR REQUIREMENTS Sec. 38 -6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card - required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the ,name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for C: lliserstiAMYMCC- 11AppDatalLocal\ Temp \BucDays.2D11.Short.Term.Lease clean -3.doc —139— Page 21 of 23 bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38 -17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -7. Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his C :1Users'AMYMCC- 11AppDatalLacal\ Temp \BucDays.2011.Short.Term.Lease clean -3.doc —140— Page 22 of 23 determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e, Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 18788, § 1, 4 -9 -1985; Ord. No. 21600, § 1, 3 -16 -1993; Ord. No. 025666, § 1, 3- 2 -2004) C:\ Users\ AMYMCC- 1LAppData1Locai \TemplBucDays.20ll 1.Short.Term.t.ease clean -3.doc —141— Page 23 of 23 2011 Mr. Barry Box, Executive Director Buccaneer Commission, Inc. P. 0. Box 30404 Corpus Christi, Texas 78401 -0401 Dear Mr. Box: In accordance with the Buc Days Short Term 2011 Lease Agreement authorized by the City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive authority to administer and issue parade vendor permits for the Commission's 2010 parade events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor permit fees for the Commission's parade events. Sincerely, Margie C. Rose Interim City Manager C:1 UsersI AMYMCC- 1tiAppDatal Locafl TemplBucDays .2p11.Short.Term.Lease clean -3.doc —142— 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12, 2011 AGENDA ITEM: Motion approving the application from Buccaneer Commission to temporarily close the following street sections for "Buc Days 2011" festivities, to begin Monday, April 18th, 2011 through Sunday, May 8, 2011. A. The temporary street closure of Resaca Street between North Chaparral Street and Shoreline Boulevard; beginning at 5:00 p.m. Friday, April 15th, 2011 through 8:00 a.m. Monday, April 25th, 2011. B. The temporary street closure of north and southbound Shoreline Boulevard between Resaca Street and the Art Museum of South Texas and including the barge dock; beginning at 5 p.m. Friday, April 15th, 2011 through 8:00 a.m. Monday, April 25th, 2011. C. In cooperation with the Texas Department of Transportation, the temporary Street Closure of North Broadway Street, including under US 181 Harbor Bridge, between Fitzgerald Street and Brewster Street; for staging of professional rodeo cowboys truck/trailers beginning at 5 p.m. Friday, April 15th, 2011 through 8:00 a.m. Monday, April 25th, 2011. D. The temporary street closure of Fitzgerald Street between North Broadway Street and Mesquite Street; for staging of professional rodeo cowboys truck/trailers beginning at 5 p.m. Friday, April 15th, 2011 through 8:00 a.m. Monday, April 25th, 2011. E. The temporary street closure of Water Street between Palo Alto Street and Resaca Street, beginning at 8:00 a.m. Monday, April 25th, 2011 through 5:00 p.m. Tuesday, May 10th, 2011. F. The temporary street closure of Fitzgerald Street between North Chaparral Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25th, 2011 through 5 :00 p.m. Tuesday, May 10th, 2011. G. The temporary street closure of Shoreline Boulevard between Power Street and Resaca Street, and including the seawall to beginning at 8:00 a.m. Monday, April 25th, 2011 through 5:00 p.m. Tuesday, May 10th, 2011. H. The temporary street closure of Palo Alto Street between Water Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25th, 2011 through 5:00 p.m. Tuesday, May 10th, 2011, H:IHOME \Traf tic Engineering \Council Agenda Memos\FY 10 -I IISPECIAL EVENTS STREET CLOSURES1Buc Days 20111BUC DAYS 2011 - COUNCIL AGENDA.doe —145— ISSUE: The Buccaneer Commission "Buc Days 2011" special event necessitates the temporary closure of several public streets. Street closures will be taking place in two phases. Phase 1 street closures will begin at 5:00 p.m. Friday, April 15th, 2011 through 8:00 a.m. Monday, April 25th, 2011. Phase I street closures include,- Resaca Street between North Chaparral Street and Shoreline Boulevard; north and southbound-Shoreline Boulevard between Resaca Street and the Art Museum of South Texas, including the barge dock; North Broadway between Fitzgerald Street and Brewster Street; and Fitzgerald between North Broadway Street and Mesquite Street. Phase 11 street closures will begin at 8:00 a.m. Monday, April 25th 2011 through 5:00 p.m. Tuesday, May 10th 2011. Phase 11 street closures include, Water Street between Palo Alto Street and Resaca Street; Fitzgerald Street between North Chaparral Street and Shoreline Boulevard; Shoreline Boulevard between Power Street and Resaca; and Palo Alto Street between Water Street and Shoreline Boulevard. Event Coordinator, Amy McCoy has requested the above mentioned street section closures be approved by the City Council for "Buc Days 2011." REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: City Council approved the street closures for the 2010 Buccaneer Days event. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services PeteAn @cctexas.com 826 -3781 Attachments Exhibit "A" — Background Information Exhibit "B" — Street Closure Site Plan Exhibit "C" — Street Closure Application Exhibit "D" — Certificate of Insurance H:IHOME\Traffie Engincering\Councii Agenda Memos\FY 10- 111SPECIAL EVENTS STREET CLOSURES\Bac Days 20111BUC DAYS 2011 - COUNCIL AGENDA.dac -146- BACKGROUND INFORMATION Background Information: The "Buc Days 2011" festivities will begin on Monday, April 18th, 2011 through May 8th, 2011. This event will provide South Texas with entertainment and educational opportunities to area students by granting numerous scholarships. The Buccaneer Commission "Buc Days 2011" special event necessitates the temporary closure of several public streets. Phase 1 street closures will begin at 5:00 p.m. Friday, April 15th, 2011 through 8:00 a.m. Monday, April 25th, 2011. Phase I street closures include, Resaca Street between North Chaparral Street and Shoreline Boulevard; north and southbound Shoreline Boulevard between Resaca Street and the Art Museum of South Texas, including the barge dock; North Broadway between Fitzgerald Street and Brewster Street; and Fitzgerald between North Broadway Street and Mesquite Street. Phase 11 street closures will begin at 8:00 a.m. Monday, April 25th 2011 through 5:00 p.m. Tuesday, May 10th 2011. Phase 11 street closures include, Water Street between Palo Alto Street and Resaca Street; Fitzgerald Street between North Chaparral Street and Shoreline Boulevard; Shoreline Boulevard between Power Street and Resaca; and Palo Alto Street between Water Street and Shoreline Boulevard. Event Coordinator, Amy McCoy has requested the above mentioned street section closures be approved by the City Council for "Buc Days 2011" Festivities, which include the Buc Day's Rodeo, BBQ Cook Off, and the Buc Days Festival and Carnival. Exhibit "A" H:IHOMEITraffic Engineering\Cauncil Agenda Memos\FY 10- 111SPECIAL EVENTS STREET CLOSURESIBuc Days 20111BUC DAYS 2011 - COUNCIL AGENDA.doc -147- PHASE I STREET CLOSURE BREWSTER ST. SCALE: 17=350' PHASE I STREET CLOSURE CONVENTION CENTER HERITAGE PARK RESACA ST. wmm.Ir // /fmmmI kl FITYGERALO ST. Siiiiii ��iiiiii �1 1 3 tk, \ii * k PALO ALTO ST. PHASE II STREET CLOSURE POWER ST. POWER 5T. KEY - STREET CLOSURE - w EXHIBIT "B" SUBJECT: PHASE 1 AND PHASE II STREET CLOSURES BUC DAYS 2011 - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. City of Corpus Christi EXHIBIT "C" corpusctuisti City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT 1. Name of Organization Sponsoring Event: CALVE c 11V 1 t 55! i711 Address: P.O. c c O*o City: C01(~Q“. S 0/144 i $$i State: Zip: 764-6 Prone #: CMMi) S 2 3?- " -- Fax #: C5.611) 8.82-51 Email: I 3 kedzuy s; corn 2. Name of Proposed Event: 131A.C. PAA.IC 2.4 11 3. Date of Planned Event: Arrii it "" ir.V 1 1 4. Key Contact Individual AW1 .. kc C y Phone #: (3.6 i) 769- 6 95 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE 6. Purpose of Event and Detailed Description of Activities Planned: 5e 7. List foods and beverages to be served: C.AYv i Vet I � 0 a : hat-t-aO 5, h e-r5, -64.414e.( , 1:o,�vk etol s , m:ay, 1 t crr r vrt ys J a Lt.fr11'€1".+ Page 1 of 8 —149— 8. Services Requested by the City; 1� c ... si Co-Yves f - 514 fel-%4-41._.. i 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88), 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to dose a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: Wtcevcr less A. B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or t5 reimburse the City for all costs incurred by the City in support of said even .Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A„ E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. C. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; 1. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 of 8 —150— K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; O. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U, a • r r V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. ■ *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Event Chairma AWy MC-Co y rganizer Signature DLICCIztit-e-W COWL rytA s Sponsoring Organization /3 /i.I Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361 - 826.3647 • Fax: 361- 826 -3545 1201 Leopard St. Corpus Christi TX 78401 • Po Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of B --151— INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section Ili of said standards, entitled Procedure and Permit Requirements, requires a contractorfor a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attomey =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a resuft of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this 9-avvi date of i LVCA 20 11 Permit Applica signature Potiny Mazy 13 0tG ( f (Dm t5S t ►i Company Name Page4of8 —152— EXHIBIT A - INSURANCE REQUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily injury and Property Damage renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Forrn 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Certificate of insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between be and "canceled ", and deleting the words, "endeavor to", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30-day written notice of cancellation, material change, non - renewal or termination is required. 2008 Street Closure Permit ins. req. 5-8-08 ep Risk Mgmt. Risk Management Representative Approved Insurance Date Page 5 or 8 —153— 'DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49 -15. Permit required; application. No streets shall be closed temporarily nor shall any street right-of-way be used En such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 1, 9 -20 -1988) Sec. 49 -16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: a) Afelghborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Small events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two • ' - - . • s ($200.00) is required for such events. For all other events, which shall be treated as large events, including, to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 2, 9 -20 -1988; Ord. No. 027349, § 5, 7 -24 -2007) Sec, 49 -17. Conditions and requirements for permit. Prior to the temporary ciosure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure Imposed by the city including, but not limited to, the following: a) All events shall be open to the public and b) All profits derived from the event shall be used for charitable purposes, c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00) /€ive hundred thousand dollars ($500.000.0Q)lone hundred thousand dollars ($100,000.00) Page 6or8 —154— and for large events of five hundred thousand dollars ($500,000.00)/one million dollars ($1,000,000.00)lone hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give wrtten notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, 2. To all building managers and property managers of all multi- tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. if the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi - tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. I) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with-the relevant city codes and shall be In accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. I) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of B -155- n) Vehicles shall be prohibited from parking on grass areas within the street right -of -way. o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. %q} City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49 -16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53 -195 for a contractor occupying public right - of-way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city Will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No, 17651, § 1, 6 -15 -1983; Ord. No. 22157, § 1, 2-21-1995; Ord. No. 23128, § 1, 11- 11 -1997; Ord. No. 24136, § 1, 7-25-2000; Ord. No. 027393, § 1, 8 -28 -2007) Sec. 49 -18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either: a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No. 17651, § 1, 6 -15 -1983) Sec. 49-19. Reserved. htto://www.municode.com/resources/oateway.asp7pid=13945&sid=43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49 -15 through Sec. 49 -19 Page 8 of 8 -156- EXHIBIT "D" A`oRt CERTIFICATE OF LIABILITY INSURANCE 2�i IMMAID i T) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(las) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kaliff Insurance P.O. Box 171225 San Antonio TX 78217-8225 CONTACT Nancy Rodriguez PNoNE �: (210) 629 -7634 FAx N . (210)229 -T636 AD'iI s.nancy @kalif£.com CtJSST MERIDap0061953 IEK INSURERS) AFFORDING COVERAGE NAIL II INSURED Buccaneer Commission P.O.Sox 30404 Corpus Christi TX 78463 -0404 same Certain Under-writers @ 1410vds LIABILITY Ii.00CuR INSURERS I INSURER G: /1/2011 INSURER D1 EACH OCCURRENCE INSURER E : _L> occur MEDEXPIAnyonepencn I INSURER F1 ■ CERTIFICATE NUMBERZL11280$380 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF PERTAIN, POLICIES. AGDT LINER INSURANCE SUSHI MID LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DAR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFP IMAM P 'ICY EXP DIYYYYl LIMITS A GENERAL e LIABILITY COMMERCIAL GENERAL LIABILITY Ii.00CuR - IDCL011246 /1/2011 /1/2012 EACH OCCURRENCE $ 1,000 , 000 _L> occur MEDEXPIAnyonepencn I 500,000 ■ CLAIMSMADE EXCL x LIQUOR LIABILITY PERSONAL NADVINJURY 3 1,000,000 $1,000,000 GENERAL AGGREGATE 3 5,000,000 GEM AGGREGATE LIMIT APPLIES PER X. POLICY n IS I _i WC PRODUCTS • CGMPIOP AGG $ 5,000,000 s A AUTOMOBILE LIABILITY ANY AUTO ' AU. OWNED AUTOS SCHEDULED Autos HIREO AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Es acddent} S 1,000,000 ■ ■ BODILY INJURY (Par person) 5 BODILY INJURY For occident) 5 PROPERTY DAMAGE (Per aoadem) 1 0 © S 3 I UMBRELLA LIAR LIAR OCCUR CIJUMS•MADE EACH OCCURRENCE S AGGREGATE 3 IIEXCESS DEDUCTIBLE RETENTION 3 3 S WORKERS COMPENSATION AND EMPLOYERS' utee.n Y ANY PROPRIETOPIPARTNERIEXEWTIVE IT OFFICERNEMBER EXCLUDED? In NH} If yet dmWisu:der OMMIPTION OF OPERATIONS NIA Lama 1 I 1 ER E.L. EACH ACCIDENT 1 EL DISEASE - EA EMPLOYEE 3 below EL DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES {Attach ACORD 1 OT, AddiUensl Ramarka Schodu a, 11 mare spun Is r quIr d) CERTIFICATE HOLDER IS ADDITIONAL INSURED AS RESPECTS TO INSURED'S OPERATIONS CERTIFICATE HOLDER CANCELLATION CITY or CORPUS CHRISTI PO BOX 9277 CORPUS CERISTZ, TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mitchell Kaliff /NANCY ACORD 25 (2809109) 1N8025 (200999) ®191313-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD -1 57- Outsc2- ;ty,exi- sAirc-6 Vcizi id 13 AGENDA MEMORANDUM April 12, 2011 SUBJECT: Selena Auditorium Lighting Control System & Infrastructure Project Project No. 4381 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute a construction contract with Facilities Solution Group (FSG), Inc. of Corpus Christi, Texas in an amount not to exceed $1,070,875.00 for the Selena Auditorium Lighting Control System and Infrastructure project for the Base Bid and Additive Alternate 4. (Project Number 4381) PROJECT DESCRIPTION: The project base bid consists of removal of the existing theatre theatrical lighting and house lighting system and installation of new lighting fixtures, distribution, and associated apparatus. A temporary theatrical lighting system is required and included in the base bid for use during installation of the new lighting control system. The base bid includes new electrical distribution system modifications, new emergency generation /transfer system and a new air - conditioning system for the existing dimmer room. Four additive alternates were bid which consist of: • Additive Alternate 1 provides for installation of additional ellipsoidal reflector spotlights. • Additive Alternate 2 provides for installation of intelligent theatrical lighting fixtures. • Additive Alternate 3 provides for installation of selective stage rigging systems including new counterweight lines. • Additive Alternate No. 4 provides for new stage draperies. FUNDING: Funding is available from Convention Center CIP Funds (Certificates of Obligation). RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 petean(Mcctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Prior Project Actions Exhibit C. Bid Tabulation Exhibit D. Project Budget Exhibit E. Bid Recommendation Letter Exhibit F. Location Map 11 H,I HOMEIKEVINSIGEN1CONVCTR1Se1enal !_ightingSoundControls70 wdConstrucMemo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Selena Auditorium Lighting Control System and Infrastructure Project No. 4381 PROJECT DESCRIPTION: The project base bid consists of removal of the existing theatre theatrical lighting and house lighting system and installation of new fighting fixtures, distribution, and associated apparatus. A temporary theatrical lighting system is required and included in the base bid for use during installation of the new lighting control system. The base bid includes new electrical distribution system modifications, new emergency generation /transfer system and a new air - conditioning system for the existing dimmer room. Four additive alternates were bid which consist of: • Additive Alternate 1 provides for installation of additional ellipsoidal reflector spotlights. • Additive Alternate 2 provides for installation of intelligent theatrical lighting fixtures. • Additive Alternate 3 provides for installation of selective stage rigging systems including new counterweight lines. • Additive Alternate No. 4 provides for new stage draperies. BID INFORMATION: On Wednesday, March 9, 2011, the City received and opened sealed bids from four (4) bidders (see Exhibit "C" Bid Tabulation). The project was bid as a base bid and four additive alternate bids. The base bids submitted were $978,525.00 to $1,838,000.00. The detail of the bids and alternates are provided on the attached bid tabulation. See Exhibit C. BID RECOMMENDATION: The project consultants, Stridde Callins Associates and Wrightson, Johnson, Haddon, and Williams, Inc. (WJHW) reviewed the information submitted by the low bidder, Facilities Solutions Group, Inc. (FSG). Review of the bid alternates resulted in a recommendation to award the base bid and bid alternate 4 (new stage draperies). City staff reviewed the alternates with SMG which manages the auditorium. They determined the stage draperies are at the end of their service life and were the original draperies that were installed when the facility was opened. SMG noted that most of the other additive alternates could be addressed as needed by replacement of individual components over time. City staff, the facility operator and consultant recommend the contract be awarded to Facilities Solutions Group of Corpus Christi, Texas, in the amount of 1,023,075.00 for the Base Bid, and Additive Alternates No. 4. (Special Provision A -4 (Method of Award) of the bid documents allows the City to award any combination of alternates with the Base Bid.) H MOM ESKE V I NSM EN1C ON V C7R5S efen a1Li ghting S o undC ontro Is20081AwdC onstrucE3kg ExhA. doc -164- EXHIBIT "A" Page I of 2 CONTRACT TERMS: The project is estimated to require 133 calendar days, with completion anticipated by late August, 2011. However, the completion time may be delayed to ensure construction activity and noise does not interfere with functions scheduled for the Convention Center and Selena Auditorium. EXHIBIT "A" Page 2 of 2 HAHOMEIKEV INMEMCONVCTRISelenalLightingSoundControls2008 VAwdConsfrucBkgExhR.dac —165— PRIOR ACTIONS SUBJECT: Selena Auditorium Lighting Control System and Infrastructure Project No. 4381 COUNCIL ACTIONS: June 22, 2010 — Ordinance authorizing the issuance of "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 (Convention Center)" in an amount not to exceed $3,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Convention Center and Selena Auditorium; providing for the payment of said Certificates by the levy of an Ad Valorem Tax upon all taxable property within the City and further securing said Certificates by a Lien on and pledge of the pledge revenues of the Solid Waste System, providing their terms and conditions of said Certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery of said Certificates, including the approval and distribution of an Official Statement; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements of the Letter of Representations with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Certificates; enacting other provisions incident and related to the subject and purpose of this Ordinance; and providing an effective date (Ordinance No. 028653) January 25, 2011 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the professional engineering contract with Stridde Callins and Associates, Inc. of Corpus Christi, Texas for additional structural engineering and accessibility inspection in an amount not to exceed $4,000.00 for a restated fee not to exceed $53,260.00 for the Selena Auditorium Lighting Control System and Infrastructure project - Project Number 4381 (Motion 2011- 027). ADMINISTRATIVE ACTIONS: July 8, 2010 — Administrative award of a professional engineering contract to Stridde Callins and Associates in the amount of $49,260.00 for the Selena Auditorium Lighting Control System and Infrastructure Project No. 4381. March 29, 2010 - Administrative award of a professional engineering contract to Stridde Callins and Associates in the amount of $17,970.00 for Construction Management and Inspection of the Selena Auditorium Lighting Control System and Infrastructure Project No. 4381 (in process). Exhibit B Page 1 of 1 Tabulated by: Scott Stridde, Date: Wednesday, March 9, 2011 TABULATION OF BIDS STRIDDE, CALLINS ASSOCIATES, INC. Time of Completion: See Below ENGINEER'S ESTIMATE: SEE BELOW CITYI COUNTY HEALTH DEPARTMENT FACILITY REHABILITATION PROJECT NO. 5250 CW Campbell Electric 602 Cantwell Drive Corpus Christi, TX 78408 Facility Solutions Group 585 SPID Corpus Christi, TX 78404 Scott Electric PO Box 1819 Corpus Christi, TX 78408 KW Electric PO Box 49055 San Jose, CA 95161 ENGINEERS OPINION QF PROBABLE CONSTRUCTION COST ENGINEERS ESTIMATED TIME OF CONSTRUCTION ITEM DESCRIPTION UNIT QTY AMOUNT AMOUNT AMOUNT AMOUNT AMOUNT CALENDAR DAYS 861 Base Bid (Includes Contingency Amount) LS 31,347,000.00 3978,525.00 $1,247,000.00 31,838,000.00 3914,000.00 133 AB1 Alternate Bid 1 LS $ 55,600.00 $ 44,550.00 $ 51,200.00 $ 49,940.00 $40,000.00 AB2 Alternate Bid 2 LS $ 55,900.00 $ 44,825.00 $ 51,500.00 $ 51,390.00 $60,000.00 AB3 Alternate Bid 3 LS $270,000.00 3227,700.00 $261,800.00 $ 330,320.00 3213,000.00 A84 Alternate Bid 4 LS 3 113,000.00 $ 92,350.00 $ 106,200.00 $ 98,075.00 365,000.00 Total Base Bid with all Alternate Bid Items $1,841,500.00 $1,387,950.00 $1,717,700.00 32,367,725.00 $1,292,000.00 Recommended Award Base Bid + AA4 $1,460,000.00 $1,070,875.00 $1,353,200.00 $1,936,075.00 All Proposals received with Bid Guaranty, Disclosure Statement, and Proposal fully executed. 0) H: HOMESKEVINSIGENICONVCTR45elenatightlrgSoundCanhols2o slAwdelaanahC Exhibit C PAGE 1 of 1 PROJECT BUDGET SELENA AUDITORIUM LIGHTING CONTROL SYSTEM AND INFRASTRUCTURE CONVENTION CENTER 2010 C.O. FUND Project No. 4381 April 12, 2011 FUNDS AVAILABLE: Convention Center C1P Funds (CO) (Budgeted for Lighting Controls) $977,580.00 Convention Center CIP Funds (CO) (Budgeted for Staging) $207,000.00 Convention Center CIP Funds (CO) (Budgeted for Stage Rigging & Curtains) $164,450.00 TOTAL $1,349,030,00 FUNDS REQUIRED: Construction (Facilities Solution Group - FSG) Contingencies (7.4 %) Consultant Fees: Consultant (Stridde Callins Assoc.) Basic Fee $52,260 Additional Svcs. $1,000 Construction Managementllnspection (Stridde Callins Assoc.) Theatre Lighting Consultant (Wrightson, Johnson, Haddon, and Williams, Inc. - WJHW) (Contract between Selena management firm (SMG) & WJHW) Materials Testing (TBD) - Estimated Asbestos Testing Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt) Construction Observation Services (included in Consultant Fee) Finance Administration Misc. (Printing, Advertising, etc.) $1,080,875.00 $80,000.00 $53,260.00 $17,970.00 $80,000.00 $800.00 $870.00 $10,000.00 $3,600.00 $0.00 $8,000.00 $12,600.00 TOTAL $1,347,975.00 ESTIMATED PROJECT BUDGET BALANCE $1,055.00 EXHIBIT "D" Page 1 of 1 Stridde, Gains & Associates, Inc. 342 S. Navigation Blvd. Corpus Christi, TX 78405-3615 Pliona; (361) 883-9199 • Fax: (361) e83-9177 ponsulting Engineers Mechanibal—Eledtelbeif March 18, 2011 Kevin Stowers, Asst. Director of Engineering City of Corpus Christi Engineering 1201 Leopard Street Corpus Christi, TX 78401 RE: Selena Auditorium Lighting Control Systems and Infrastructure Project No 4381 Mr. Stowers: As requested, transmitted herewith is the • Bid Tabulation far referenced project. Based upon the bid amount and several previous satisfactory experiences working with the low bid contractor (Facility Solutions Group, Inc.), Stridde, Callins & Associates, Inc. recommends awarding the Construction Contract to Facility Solutions Group, Inc for the base bid amount and as many bid alternates as funding will allow in the following prioritized order, 1, Alternate Bid No 4: New Stage Drapery. 2. Alternate Bid No. 1: Additional Ellipsoidal Theatrical Lighting Fixtures. 3. Alternate Bid No 2 Additional Intelligent Theatrical Lighting Fixtures. 4. Alternate Bid No 3: New Selective Stage Rigging Components. STRIDDE, CALLINS & ASSOCIATES., INC. Scott E Stridde, RE. Cc: John Meyers - SMG Enclosures T;1201,0 W0‘105331BidFormsk4r Raeornmaildatian_031811.doc —1 6 9— Exhibit E Page 1 of 1 File : \ Mproject \councilexhibits\exh4381.dwg Selena Auditorium Lighting Control System and Infrastructure Project CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 1 DATE: 04 -12 -2011 - - tarty -170- 14 AGENDA MEMORANDUM DATE: April 12, 2011 SUBJECT: Lift Station Rehabilitation 2011 (Project No. E10142) • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station CIP NO. WW 29 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $103,900 for Rehabilitation of Lift Stations FY 2011 for the design, bid, construction, and additional services. The two Lift Stations to be rehabilitated under this contract are: • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station ISSUE: This project addresses upgrades to two lift stations with equipment and systems that are beyond their usable service life. This is part of the City's strategic approach to implement critical rehabilitation for the 99 Lift Stations throughout the city. The proposed project provides rehabilitation of the two lift stations including bypass operations during construction; the replacement of pumps, controls, main disconnects, piping, valves along with some structural and facility safety improvements and other miscellaneous items to restore reliable service to the areas supported by the lift stations. FUNDING: Funds for this project are available in the FY 2011 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Director of Wastewater 826 -1801 fosterc(cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map -Pete Anaya, P. E., Director of Engineering Services 826 -3781 petean(cctexas.corn H: IHOMEWELMAPIGENIWASTEWATER1E10142 WASTEWATER LIFT STATION REHAB 2011 CONSULTANT URBAN ENGRIAGENDA 2 MEMO.DOC AGENDA BACKGROUND SUBJECT: Lift Station Rehabilitation 2011 (Project No. E10142) • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station CIPNO.WW29 PROJECT DESCRIPTION: The proposed project consists of the rehabilitation of two lift stations that will require bypass pumping, the replacement of discharge piping, gate valves and check valves, cleaning and lining of two concrete wet wells and the replacement of pumps, motors, accessories, and miscellaneous items of work required to complete the project in accordance with plans, specifications and Contract Documents. CONTRACT DESCRIPTION: The consultant, Urban Engineering, will provide professional services for the coordination with City staff for the design, bidding and construction phases described further below: The design phase will prepare the construction plans and specifications, final cost estimates, and permit applications to implement the critical improvements to the two lift stations. 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. Other additional services include topographic and site investigation, construction observation and warranty inspections. A Contract Summary is attached as Exhibit "C ". BACKGROUND: This project is part of the City's effort to implement of a strategic lifecycle improvements for the City's 99 Lift Stations. Many of the existing lift station systems have reached the end of their effective life cycle and are at a point that further deterioration jeopardizes operations and service from the lift station. The project will identify, prioritize and implement specific improvements to extend lift station service life, reduce long -term maintenance costs, improve flows, and meet TCEQ guidelines including reducing overflows and redundant systems. With this project a total of two lift stations will receive upgrades to address critical needs this year. This project was developed and packaged with the two lift stations to simultaneously address the problems gaining the benefit of increased competition and economy of scale fora more reasonably sized project. FUTURE COUNCIL ACTION: Approval of a construction contract to complete the proposed project as required. o -174 - H:I NOME \VELMAPIGENIWASTEWATER \E1O142 WASTEI/ATER LIFT STATION REHAB 20111CONSULTANT URBAN ENGRLAGENCA 3 BACKGROUNC.00C EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT:. Lift Station Rehabilitation 2011 (Project No. E10142) • Everhart and Staples Lift Station • Padre island Section 4 Lift Station CIP NO. WW 29 PRIOR COUNCIL ACTION: 1. March 9, 2011 — Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 (Ordinance No. 028995) EXHIBIT "B" Page 1 of 1 H: IHOMELVELMAP \GENLWASTEWATER1E10142 WASTEWATER LIFT STATION REK412g11LCONSULTANT URBAN ENGRSAGENDA 4 PRIOR PROJECT ACTIONS.DOC CONTRACT SUMMARY SUBJECT: Lift Station Rehabilitation 2011 (Project No. E10142) • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station CIP NO. WW 29 1. SCOPE OF PROJECT. This project provides for the rehabilitation of two lift stations which require bypass pumping, the replacement of discharge piping, gate valves and check valves, cleaning and lining of two concrete wet wells and the replacement of pumps, motors, accessories, and miscellaneous items of work required to complete the project in accordance with plans, specifications and Contract Documents. 2. SCOPE OF SERVICES. The A/E agrees to begin work on authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is provided by the Director of Engineering Services. The anticipated Project Schedule of the Preliminary Phase, Design Phase, Bid Phase, and Construction Phase is shown below. This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if the tasks requested require additional fee. 3. PROJECT SCHEDULE. Day Date Activity Tuesday April 12, 2011 Begin Design Monday May 2, 2011 90% Submittal Thursday May 12, 2011 City Review Monday May 30, 2011 Final Submittal Monday June 6, 2011 Advertise for Bids Thursday June 16, 2011 Pre -Bid Conference Wednesday June 29, 2011 Receive Bids Tuesday July 19, 2011 Contract Award Tuesday August 16, 2011 Begin Construction TBD Complete Construction 4. FEES. A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all Basic Services authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services, and for all —176— EXHIBIT "C" Page 1 of 2 H: 1HOMEIVELMAPIGENIWASTEWATER \E10142 WASTEWATER LIFT STATION REHAB 20111CONSULTANT URBAN ENGR4AGENDA 5 CONTRACT SUMMARY.DOC expenses incurred in performing these services. For services provided, A/E will submit monthly statements for Basic Services rendered. In the Preliminary Design Phase, Design Phase, and the Bid Phase, the statement will be based upon AIE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in the Construction Phase, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Additional Services, the City will pay the A/E a not -to- exceed fee as per the table below: C. Summary of Fees. Fee for Basic Services 1. Preliminary Phase $12,000 2. Design Phase 52,800 3. Bid Phase 3,200 4. Construction Phase 12,000 Subtotal Basic Services Fees 80,000 Fee for Additional Services (Allowance) 1. Topographic Survey /Field Investigation 14,000 2. Construction Observation Services 7,750 3. Warranty Phase 2,150 Sub -Total Additional Services Fees Authorized 23,900 Total Authorized Fee $103,900 The estimated cost of construction for Lift Station Rehabilitation 2011: Everhart and Staples Lift Station, and Padre Island Section 4 Lift Station is $1,000,000. The basic services fee for the project is $80,000. Therefore, the percentage of basic engineering services cost to construction is 8.00 %. 177— EXHIBIT "C" Page 2 of 2 H:I 14OMEIVELMAP IGENSWASTEWATER1E10142 WASTEWATER LIFT STATION REHAB 20111CONSULTANT URBAN ENGRIAGENDA 5 CONTRACT SUMMARY.DOC PROJECT BUDGET REHABILITATION OF LIFT STATIONS 2011 EVERHART AND STAPLES LIFT STATION PADRE ISLAND SECTION 4 LIFT STATION (Project No. E10142) April 12, 2011 FUNDS AVAILABLE: Wastewater GIP FY 2011... $3,000,000.00 FUNDS REQUIRED: Construction (estimate) $1,000,000.00 Contingencies (10 %) $100,000.00 Consultant Fees: Consultant - (Urban Engineering) 103,900.00 Testing - (Geotechnical & Material Testing) N/A Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 2,337.75 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 3,636.50 Finance Issuance 1,298.75 Misc. (Printing, Advertising, etc.) 519.50 Total $1,211,692.50 Balance Remaining $1,788,307.50 H: IHOMEWe1maPlGENIWABTEWATER1E10142 WASTEWATER LIFT STATION REHAB 20115CONSLIffeurban engr\AGENDA 6 PROJECT BUDGET EXHIBIT "D" Page 1 of 1 \Mprojec #\ councilexhibi #s \exhE 10142. d wg N7Utc S 20.y Cox?us CHRTSTY gay PROJECT #E10142 F.k CU LAGUNA. NADRE Padre Island Section 4 Lift Station LOCATION MAP NOT TO SCALE GVLY OF .7 CO EXHIBIT "E" Lift Station Rehabilitation 2011 • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04/12/2011 MOP C 15 AGENDA MEMORANDUM City Council Action Date: April 12, 2011 SUBJECT: Rolled Curb and Gutter Life Cycle Replacement FY 2011 (Project No. E10154) AGENDA ITEM: A. Ordinance appropriating an amount of $447,048.00 from the Unreserved Fund Balance in Fund No. 4300 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project; changing the FY 2010 -2011 Operating Budget adopted by Ordinance 028683 to increase appropriations by $447,048.00; and declaring an emergency. B. Motion authorizing the City Manager, or designee, to execute a construction contract with Ti- Zack Concrete, Inc. of Le Center, Minnesota, in the amount of $347,700 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011. ISSUE: This is an annual program to address curb and gutter problems throughout the City. Specific locations are identified and prioritized that present the most hazardous to vehicle and pedestrian traffic in addition to drainage problems. Identified sections of curb and gutter will be removed and replaced to improve the drainage flow line. The improvements will also include narrow strips of pavement and base restoration for areas immediately adjacent to the work. On January 26, 2011, the City received proposals from six (6) bidders (see Exhibit "C" Tabulation of Bids). The bid proposals range from $347,700 to $621,002. The engineer's estimate was $405,400. City staff recommends a contract be awarded to Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $347,700 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011. FUNDING: Funding will be appropriated from Storm Water Unreserved Fund Balance. Water Fund Revenues are not expected to negatively affect the programmed transfer of funds from the Water Fund to the Storm Water Fund. RECOMMENDATI r N: Staff recommends approval of the motion as presented. Valer - ray, P. Direct of Storm Wate & Stree 361 - 826 -1875 valerieg@cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Operations Support Material: Background Information Prior Project Actions Tabulation of Bids Project Budget Letter of Recommendation Location Map Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 petean @cctexas.com HAHOMEWeimePlGEN4DRAINAGRE10154 ROLLED CUR GUTTER REPLACE 20111CONSTRUC71O1412 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Rolled Curb and Gutter Life Cycle Replacement FY 2011 (Project No. E10154) PROJECT DESCRIPTION: This project is an indefinite Delivery Indefinite Quantity (IDIQ) contract for the removal and replacement of approximately 7,000 linear feet of concrete curb and gutter; 6,200 square feet of driveway approaches, 2,200 square feet of sidewalks; 3,400 square yards of pavement repair. The work will be performed at various locations throughout the City with multiple detailed Delivery Orders issued providing the actual location, scope and price based on the contractor's proposed unit pricing. The contract will have a base performance period of approximately one year with options for two 1 -year extensions. BID INFORMATION: On January 26, 2011, the City received proposals from six (6) bidders (see Exhibit "C" Tabulation of Bids). The bid proposals range from $347,700 to $621,002. The engineer's estimate was $405,400. City staff recommends a contract be awarded to Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $347,700 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011. CONTRACT TERMS: The project is estimated to require 365 calendar days, with completion anticipated in March 2012. PROJECT BACKGROUND: This project is a strategic lifecycle approach for replacement of the curb and gutter throughout the City. The current inventory of improved streets in the City is 923 miles with approximately 1,846 miles of curb and gutter. The primary purpose of the curb and gutter is two fold, control storm water flows within the street and to prevent premature roadway edge and pavement failures. This project is part of a program to renovate and extend the life and serviceability of the curb and gutter and roadways. The project addresses the most critical sections to improve public safety with reduced standing water (ponding) and premature failure of the roadways, sidewalks, and driveways. This annual program was initiated as a phased approach to improve the overall drainage and impacts to the transportation system as funding allows. The total net present value of the existing curb and gutter is estimated at approximately $200 Million. The phased approach minimizes the fiscal impacts per fiscal year. The proposed improvements are designed for a minimum of a 30 -year lifecycle to match the recommended street pavement design life of 30 years. Additional future maintenance such as street cleaning, joint and crack repairs, and potential herbicide applications will be required by the Storm Water and Streets Department to preserve the longevity of the new curb and gutters maintain positive drainage flows. —184 - k: 1HOMEIVELMAPIGENSDRAfNAGEIE10154 ROLLED CURB GUTTER REPLACE 20111CONSTRUCTIONI3 AGENDA BACKGROUND.DOC EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Rolled Curb and Gutter Life Cycle Replacement FY 2011 (Project No. E10154) PRIOR COUNCIL ACTION: 1. 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. November 2, 2010 — Administrative approval of Small A/E Agreement for Architect/Engineer Consultant Services in the amount of $5,500 with Engineering and Construction Management Services for the Rolled Curb and Gutter Life Cycle Replacement FY 2011. EXHIBIT "B" _ Page 1 of 1 H: 11- 10MEIVELMAPIGENIDRAINAGE\E10154 ROLLED CURB GUTTER REPLACE 20114IVST�j_ RUCTJON44 AGENDA PRIOR PROJECT ACTIONS.DOC BID TABULATION CITY OF CORPUS CHRISTI - DEPARTMENT OF ENGINEERING SERVICES Tabulated By: Felix H. Ocanas, Jr., P.E. Bid Date: January 26, 2011 Time of Completion: 365 Calendar Days ITEM ROLLED CURB AND GUTTER REPLACEMENT FY 2011 PROJECT NO. E10154 Ti -Zack Concrete, Inc. 39352 221st Ave. Le Center, MN 56057 A. Ortiz Const. & Paving, Inc. 102 Airport Rd. Corpus Christi, TX 78405 Leoncilos Inc. P.O. Box 270898 Corpus Christi, TX 78427 AM Services 4818 Gemini St, Corpus Christi, TX 78405 mnyrneers tsumare: Grace Paving and Const., 4237 Baldwin Blvd. Corpus Christi, TX 78405 5405,400.00 G&L Young Const 3989 FM 1694 Robstown, , Description Unit QTY Unit Price AMOUNT Unit Price AMOUNT Unit Price AMOUNT Unit Price AMOUNT Unit Price AMOUNT Unit Price TX 78462 A 1 Removal and Replacement of Curb &Gutter, complete and in place per linear fool LF 7,000 $27.50 $192,500.00 $30.00 5210,000.00 525.09 5175,630.00 $25.00 5175,000.00 537.74 5264,180.00 548.57 AMOUNT 5339,990.00 A 2 Removal and Replacement of driveway approaches, complete and in place per square foot SF 6,200 57.00 543,40000 $9.75 560,450.00 511.30 570,050.00 512.00 574,400.00 510.93 567,766.00 517.48 5108,376.00 A-3 Removal and Replacement of sidewalks, complete and in place per square foot SF 2,200 55.00 511,000.00 56.62 $14,564.00 $11.30 524,860.00 $10.00 522,000.00 $8.62 518,964.00 513.34 $29,348.00 A-4 Removal and Replacement of pavemenVm paveent repairs, complete and in place per square yard SY 3400 522.00 $74,800.00 $23.06 578.404.00 530.61 $104,074.00 535.00 5119,000.00 532.39 5110,092.00 $30.42 5103,428.00 A-5 1 t Concrete Curb Ramps, meeting ADA requirements, complete and in place per square foot SF 400 515.00 56,000.00 525.28 510,112.00 535.71 $14,284.00 $23.75 59,500.00 $16.95 56,780.00 $49.65 $19,860.00 CO en Miscellaneous Street & Sidewalk Repair Allowance, complete in place per LS LS 1 520,000.00 $20,000.00 $20,000.00 520,000.00 $20,000,00 520,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 520,000.00520,000.00I SUMMARY OF BIDS 1. BASE B1D PART 'A' (ITEMS Al - AS) 5347,700.00 5393,530.00 5408,908.00 5419,900.00 5487,782.00 5621,002.00 2. TOTAL BASE BID 5347,700.00 5393,530,00 5408,908.00 5419,900.00 5487,782.00 5621,002.00 dem H:tHOME1VelrnaPLGEM4DRAINAGEtE101E4 ROLLED CURB GUTTER REPLACE 20114CONSTRUCTIONI5 AGENDA BID TABULATION PROJECT BUDGET ROLLED CURB AND GUTTER LIFE CYCLE REPLACEMENT FY 2011 Project No. E10154 April 12, 2011 FUNDS AVAILABLE: Storm Water Fund $447,048.00 TOTAL $447,048.00 FUNDS REQUIRED: Construction (Ti -Zack Concrete, Inc.) $347,700.00 Contingencies 34,770.00 Consultant Fees: Consultant (Engineering & Construction Management Services) 5,500.00 Reimbursements: Contract Administration (Contract PreparationlAward /Admin) 7,823.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 12,170.00 Construction Observation Services 33,000.00 Finance Issuance 4,346.00 Misc. (Printing, Advertising, etc.) 1,739.00 TOTAL $447,048.00 —187— EXHIBIT "D" Page 1 of 1 February 9, 2011 Mr. Pete Anaya Director of Engineering Services City of Corpus Christi, Texas Re: Rolled Curb and Gutter Replacement FY 2011 Bid Tabulation & Recommendation for Award — Project No. E10154 Dear Mr. Anaya E C M S ENGINEERING & CONSTRUCTION MANAGEMENT S E R V I C E S 5001 OAKMONT DRIVE CORPUS CHRISTI, 7X 78413 361 98611202 OFFICE 361 54914576 MOBILE 361 90612477 FAx Enclosed are the Bid Proposals for the above referenced project, Enclosure A. A Total of six general contractors submitted their bids to the City. As required by Special Provisions A -28, A -29 and A -30, the documentation and other pertinent information with regard to the general contractors is also enclosed for Ti -Zack Concrete, Inc. only, Enclosure B; the other bidders elected not to submit the information. The following are the bids as submitted by the contractors: A. Ti —Zack Concrete, Inc. $347,700.00 B. A. Ortiz Construction & Paving, Inc. $393,530,00 C. Leoncitos, Inc. $408,908.00 D. A.M. Services $419,900.00 E. Grace Paving & Const. Inc. $487.782.00 F. G &L Young Construction $621,002.00 The Engineer's Estimate for the project is $405,500.00, Enclosure C. The second low bidder was 13% over the lowest bidder and the third low bidder was 18% over the lowest bidder, an indication that $347,700 appears to be a fair market price for the work. I recommend award of the contract to Ti -Zack Concrete, inc. who submitted the lowest bid which meets all requirements of the bid package. This Contractor's documents were checked and not discrepancies were found, Following are some notes resulting from review of the Contractor's A -28, A -29, and A -30. —188— ECMS @STX.RR.COM EXHIBIT "E" Page 1 of 3 Following are some notes resulting from review of the Contractor's A -28, A -29, and A -30. A -28 The Contractor has stated that there have been no Hens against Ti- Zack for the past two years. A -29 The Contractor intends to use Brian Kocina as the Superintendent and Clinton Adams as project foreman. Their resumes are attached and appear to have the proper experience and background. It should be noted that should these individuals not turn out to be acceptable, the contract allows the City the right to have them replaced. A -30 Regarding the list of completed projects the following persons were called and their comments are as follows: 1. Tom Drake (605) 882 -6202; City of Watertown, SD. ($380,000) Quality of work: Very good; good to work with; very knowledgeable Schedule; Completed ahead of schedule. Overall Management: Excellent Type of project: Sidewalks /handicap ramps. 2. Steve Neppl (218) 643 -4772; Wilkin County, MN ($209,780) Quality of Work: Very good; best contractor to work with. Schedule: Completed on schedule Overall management: Excellent Type of project: Residential sidewalks, driveways and ADA ramps. 3. Steve Inman (5.15) 283 -4920; City of Des Moines, IA ($277,131) Quality of work: Excellent; very efficient and quick on sidewalks. Schedule: Completed work ahead of schedule. Overall Management: Excellent Type of project: Sidewalks; remove and replace. 4. Ron Hocker (563)326 -7704; City of Davenport, IA ($256,040) Quality of work: Very good; very fast; no problems; very knowledgeable. Schedule: Finished ahead of schedule; work faster than most contractors. Overall Management: Excellent; they know what they are doing. Type of project: Pedestrian ramps and curb & gutter work. 5. Dan Bauer (612) 673 -2420; City of Minneapolis, MN ($1,700,007.50) Quality of work: Very good; very; satisfied; Schedule: Work completed on schedule. Overall Management: Excellent. Type of Work; Sidewalk repair program. EXHIBIT "E" Page 2 of 3 —189— BBB Report: The Better Business Bureau covering Minnesota and North Dakota, has rated Ti -Zack A+, see Enclosure D. Based on the above appraisals provided by five of the references and the BBB rating of A +, I find no reason not to recommend award of this contract to Ti -Zack Concrete, Inc. Award is recommended. The original proposals remain with Sylvia Arriaga at Engineering Services. Please let me know if you have any questions regarding this matter. Sincerely yours. Felix H. Ocanas, Jr., P.E. President -190- EXHIBIT "E" Page 3 of 3 \Mproject\ councilexhibits \ exhE7 0154. d wg CORPUS C5(RISI11914 CITY WIDE PROGRAM PROJECT #E10154 LOCATION MAP NOT TO SCALE cvcy oy MT.XTCO EXHIBIT "F" ROLLED CURB & GUTTER REPLACEMENT FY 2011 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04/12/2011 d Page 1 of 2° ORDINANCE APPROPRIATING AN AMOUNT OF $447,048.00 FROM THE UNRESERVED FUND BALANCE IN FUND NO. 4300 FOR THE ROLLED CURB AND GUTTER LIFE CYCLE REPLACEMENT FY 2011 PROJECT; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE 028683 TO INCREASE APPROPRIATIONS BY $447,048.00; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $447,048.00 is appropriated from the Unreserved Fund Balance in the Fund No. 4300 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project. SECTION 2. The FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 is changed to increase expenditures by $447,048.00. SECTION 1 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 12th day of April, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor AP ROVED AS TO F e RM: 30 -Mar -11 vAlvkik. Veronica Ocanas Assistant City Attorney For City Attorney ORDINANCE 2011 -0412 rolled curb & gutter replacement FY 2011 —1 9 2— Page °2 of 2 Corpus Christi, Texas day of , 2011 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 Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong ORDINANCE 2011 -0412 rolled curb & gutter replacement FY 2011 —193— 16 AGENDA MEMORANDUM Council Action Date: April 12, 2011 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with the Estate of Albert F. Stuchly, et al, for the amount of $89,900 plus $1,500 for closing costs for a total expenditure of $91,400, for purposes of acquisition of Parcel 11 containing .812 acres of land located at the southwest corner of the intersection of U.S. Highway 77 and County Road 52, for proposed street right -of -way improvements in connection with the County Road 52 Street Improvement Project— US 77 to County Road 69, Project #6163, Bond 2008 and for other municipal purposes. ISSUE: This street project was begun by the City in 2002 to acquire sufficient right -of -way to convert the original 30 foot wide County road to a uniform 100 foot wide road right -of- way from US 77 to County Road 69. Eleven parcels of land, each 35 foot wide, were required from both sides of County Road 52. City Land Acquisition staff were successful in acquiring nine of the eleven parcels by dedication. The two remaining parcel owners were reluctant to dedicate and required compensation. Funding was originally provided by TxDOT /MPO matching funds (80/20), however it was later withdrawn. The.project became a Bond 2008 project with 50/50 matching funds being provided by Nueces County. Negotiations resumed with the two remaining parcel owners in 2010 and offers were made based on land appraisals obtained by the City. Negotiations reached an impasse with both parcel owners and eminent domain proceedings were filed by the City in February 2011. Subsequently, . an agreement was reached with one of the landowners, the Estate of Albert F. Stuchly, et al. An executed Real Estate Sales Contract has been received from the Estate for the amount of $89,900. Expenditures for Right-of-Way acquisition which exceed $50,000 require City Council approval. This motion approves the expenditure and allows the City Manager or designee to execute the Real Estate Sales Contract and any other closing documents required. FUNDING: Bond 2008 Fund (Streets) - 550701 -3546- 00000 - 170132 Amount Requested: $91,400.00 RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P. E. Director of Engineering Services petean(a)cctexas.com 361- 826 -3781 Attachments: Exhibit A. Background Information Exhibit B. Project Location Map Exhibit C. Parcel Location Map Exhibit D. Real Estate Sales Contract Summary H:\HOMEIEUSEBIOG\GEMPgenda Items\CR 52, Parcel 11, Stuchly\Memorandum.doc —197— BACKGROUND INFORMATION SUBJECT: County Road 52, US 77 to County Road 69 (BOND 2008) Acquisition of Parcel 11, the Estate of Albert F. Stuchly, et al. PROJECT BACKGROUND: The County Road 52 Street Improvement Project is designed for the expansion and the reconstruction of County Road 52 from County Road 69 to US Hwy 77 as shown on Exhibit B. The County Road 52 improvements will consist of the reconstruction and widening of the existing 20 ft. wide two lane roadway to a 38 ft. wide, three -lane road section. The new road will include a 12 ft. wide lane in both eastward and westward directions and a 14 ft. wide centered, continuous left turn lane. Construction will include new driveways, roadway drainage ditches, and replacement of the culvert crossing for the irrigation canal at the intersection of County Road 69 and 52. An existing irrigation ditch along County Road 52 will be relocated southward within the acquired 35 feet from this Parcel 11. PARCEL DESCRIPTION: Parcel 11 is located along the south side of County Road 52 at the southwest intersection of CR 52 and U S Hwy 77 as shown on the attached Exhibit C. This parcel consists of a strip of land of variable width (36 feet average) by 975 feet long containing 0.812 acres (35,369.8 sf).. The City is acquiring fee simple surface rights to the parcel and will be receiving a Warranty Deed. The subject property, from which the parcel is to be acquired, contains 17.354 acres of vacant and unimproved row -crop farmland. Its corner location along CR 52 and US Hwy 77 make it suitable for future commercial or industrial development. PARCEL NEGOTIATIONS: The City obtained an appraisal of Parcel 11 from Thomas F. Dorsey, an independent real estate appraiser. The appraisal report indicated a value of the fee simple rights to the parcel in the amount of $84,900.00, or $ 2.40 per square foot. This value was based on the Highest and Best Use Analysis of the property that indicated a future commercial or light - industrial use. The appraised value of $84,900 was made to the executor of the Estate and was rejected. The estate is divided between the 6 children of the late Albert F. Stuchly. After continued negotiations, an administrative settlement offer in lieu of condemnation was made in the amount of $ 89,900. The heirs consented and have executed a Real Estate Sales Contract which now requires signature by the City Manager or designee. Upon approval by the City Council, the contract will be executed by the City Manager or designee and escrowed at San Jacinto Title of Corpus Christi. EXHIBIT A Page 1 of 3 -198- 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 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 28006) 4. December 15, 2009 - A. Motion authorizing the City Manager, or designee, to execute the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County for an amount up to $1,200,000 to be paid by Nueces County and $1,200,000 to be paid by the City for the shared total project cost of widening and improving County Road 52 from County Road 69 to US 77, subject to the approval of Nueces County. BOND 2008. (Motion No. 2009 -349) B. Ordinance appropriating an amount of $1,200,000 in anticipated revenues from Nueces County in the No. 3530 Street CIP Fund for the joint project between the City and Nueces County to widen and make certain improvements to County Road 52 known as the County Road 52 (from County Road 69 to US 77) Project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by up to $1,200,000; and declaring an emergency. BOND 2008. (Ordinance 028443) C. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $254,477 for preliminary design, design, bid and construction phase services, and additional services for County Road 52 from County Road 69 to US 77. (BOND ISSUE 2008) (subject to the approval of the Inter -local agreement with Nueces County for the shared funding of County Road 52). (Motion No. 2009 -350) D. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $132,040 for preliminary design, design, bid and construction phase services, and additional services for County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) (Motion No. 2009 -351) 5. April 13, 2010 - Resolution determining a public necessity to acquire fee simple title (to the surface estate only) to two tracts of land known as Parcels 10 and 11 [(1) Parcel 10 being a 0.239 -acre (10,410.8 SF) tract of vacant land out of Lot 10, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, p. 54, map records of Nueces County, TX - Steven R. Hook (Owner); and (2) Parcel 11 being a 0.812 -acre (35,369.8 SF) tract of vacant land out of Lot 9, Block 1, of the Nueces River Irrigation Park, as shown on plat EXHIBIT A Page 2 of 3 -199- recorded in Vol. A, P. 54, map records of Nueces County, TX - the Estate of Albert F. Stuchly, et al (Owner)] for the County Road 52 - US 77 to CR 69 Street Project ( #6471) Bond 2008, for the public purpose, use and construction of street improvements, and for other related public, street, and drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or by exercise of the City's power of eminent domain. (Ordinance No. 028551) 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). FUTURE COUNCIL ACTION: None -200- EXHIBIT A Page 3 of 3 File: \ Mproject \councilexh \ exh 6163IandB. dwg N N NORTH ;11111 IN alai NM REIM NNW a, co 0 0 NUECES F.M, 624 4 NUECES RIVER PROJECT LOCATION HWY 44 LOCATION MAP NOT TO SCALE Rriv? ON RD COUNTY ROAD 52 0 PARCEL NO. anti VICINITY MAP NOT TO SCALE EXHIBIT B 1 COUNTY ROAD 52/U.S. 77 TO COUNTY ROAD 69 PROJECT #6163 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3-22-2011 s 201 File: Mpro' eci\councllexh\exh6163landC.dwg Egg ilia fin Stitt 1111111iiiiiiii SUM 11111 NMI' 111111111 Ines in co 0 ce NUECES RIVER PROJECT LOCATION NOT 7O SCALE COUNTY ROAD 52 0 PARCEL NO. PARCEL 11 ESTATE OF ALBERT F. STUC HLY 35,369.8 S.F. VICINITY MAP NOT TO SCALE EXHIBIT C COUNTY ROAD 52/U.S. 77 TO COUNTY ROAD 69 PROJECT #6963 PARCEL 11 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3 -22 -2011 _- NNW- - • - Lr• Buz REAL ESTATE CONTRACT SUMMARY Project No. 6163: County Road 52 Street Improvements — US Hwy 77to CR 69 Parcel No. 11 -- The Estate of Albert F. Stuchly, et al This Real Estate Sales Contract is entered into by the Estate of Albert F. Stuchly, et al, consisting of Michael A. Stuchly, Individually and as Executor of the Estate of Albert F. Stuchly, Deceased; James J. Stuchly; Richard A. Stuchly; Frances A. Freeman; Stephen G. Stuchly and Mary M. Gonzalez, (collectively called "SELLER ") and the City of Corpus Christi ( "BUYER ") subject to the following terms and conditions: 1. Real Property and Improvements: Fee simple, surface property rights to a tract of land containing .812 acres out of Lot 9, Block 1, Nueces River Irrigation Park Subdivision 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 - $89,900 in cash at closing. 3. Title Insurance: Seller to provide title insurance at Buyer'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. Warranty Deed and Closing Costs: After securing the title insurance commitment, Seller must execute a General Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure title, which must be paid by Seller. 5. Property Taxes: All taxes, if any, are to be paid by Seller, up to and including the year 2010. Taxes for 2011, if any, will be prorated between Buyer and Seller. 6. Earnest Money: Buyer agrees to deposit $1,000 Earnest Money at San Jacinto Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of 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 90 days from the effective date of the contract. Seller acknowledges that Seller has read the EXHIBIT D 1 OF 3 —203— agreement, and it is not binding until approved by the City Council of the City of Corpus Christi and signed by the City Manager within 30 days from the effective date of this contract. 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 City of Corpus Christi City Council and 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 General Warranty Deed and other conveyance documents. 10. 60 -Day Inspection Period: Buyer shall have sixty days from the date of the contract to perform its due diligence studies on the property. Buyer can void the contract at its discretion if Buyer finds the property unacceptable in any form. 11. Broker's Commission: Seller is responsible for payment of any broker's fees and commissions, if any, incurred in connection with the sale of this property. 12. 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. 13. 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. 14. Mineral Reservation: The sale of the property is without oil, gas, or mineral rights. 15. Irrigation Rights: Seller reserves unto itself all of its right, title and interest that it may have in and to the irrigation rights in, on or under the Property, under Certificated Filing No. 70 and Water Appropriation Permit No. 529, in the files of the Texas Commission on Environmental Quality, and as amended by the Agreement and Quitclaim of Water Rights, as recorded in the Nueces County Clerk's office, Vol. 998, Pg. 321 - 324, Nueces County, Texas. The parties acknowledge that an irrigation canal is currently located within the County Road 52 EXHIBIT D 2 OF 3 -204- dedicated public street right -of -way. The County Road 52 Street Improvement Project, a joint City of Corpus Christi and Nueces County Project (" Project"), includes plans to widen the paved area, which will cover the irrigation canal. Therefore, as part of the Project, the City of Corpus Christi, working in conjunction with the Nueces County, will construct an underground or above ground water distribution facility, to be located within the existing public street right -of -way, as a reasonable replacement for the existing irrigation canal. The City of Corpus Christi reserves its right to make any changes to the design and construction plans to excavate or place a distribution system, pipe or ditch, that meets the requirements, specifications, and instructions of the Nueces County Water Control Improvement District #3 ( "District ") and the District's Nueces County Water Control and Improvement District #3 Water Distribution Standards and Development Guidelines. 16. Essential: Time is of the essence in closing this transaction. 17. Effective Date: The effective date of this contract is the date in which the Contract is signed by the Buyer. 18. Counterparts: Multiple original copies of the contract may be executed and the original copies assembled together shall constitute one agreement. H:IHOMEIEUSEBIOGIGEMAgenda Items\CR 52, Parcel 11, Stuchly1Contract Summary.doc EXHIBIT D 3 OF 3 —205— EXHIBIT A County Road 52 - U.S. 77 to County Road 69 - #6163 Parcel 11 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.812 Acres (35,369.8 Sq. Ft.) of land out of Lot 9, Block 1 of the Nueces River Irrigation Park as shown on plat thereof recorded in Volume A, Page 54 of the Map records of Nueces County, Texas. This 0.812 Acre Tract being more particularly described by metes and bounds as follows: COMMENCING at a Found 1" Iron Pipe at the northeast corner of Lot 10, BIock 1, Nueces River Irrigation Park as recorded in Volume A, Page 54 of the Map Records of Nueces County, Texas, said Point being in the centerline of County Road 52 (30' right -of -way); r THENCE S09 °12'30 "W along the easterly boundary of said Lot 10, a distance of 15.04' to a Point on the south right -of -way line of said County Road 52, being the Point of Beginning of this tract; THENCE S85 °1 1'25 "E along the south right -of -way line of County Road 52, a distance of 1.11' to an angle Point therein; THENCE S84 °52'54 "E continuing along the south right -of -way line of County Road 52, a distance of 975.23' to a Point on the west right -of -way line of U. S. Highway 77, being the northeast corner of this tract; THENCE S09 °14'55 "W along the west right -of -way line of said U. S. Highway 77; a distance of 93.10' to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX ", being the southeast corner of this tract; THENCE N35 °45'05 "W through said Lot 9, a distance of 70.71' to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX ", being an angle point of this tract; THENCE N80 °45`05 "W continuing through said Lot 9, a distance of 60.92' to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX ", being an angle point of this tract; THENCE N84 °48'21 "W continuing through said Lot 9, a distance of 865.02' to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX" on the easterly boundary line said Lot 10, being the southwest corner of this tract; THENCE N09 °12'30 "E along said easterly boundary line of Lot 10, a distance of 33.94' to the POINT AND PLACE OF BEGINNING and containing 0.812 Acres (35,369.8 Sq. Ft.) of land. Bearings are with reference to Survey of Right -of -way - County Road 52 - Co. Rd. 69 to U. S. Hwy.. 77 by Bass & Welsh Engineering dated June 26, 2001. State of Texas County of Nueces I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my tion. • This the 25TH day of January, 2002. Li L -o,R. Russell D. Ochs • State of Texas License No. 5,241 —206— LOT 7 ER a NINA EDiAM 10872 EY MOPC) LOOP CORPUS CHRISTI. TEXAS 78410 VOL 7e2 P3 519 b. C.T. POINT OF COMNENCERENT FOUND le ip. X30 70 (= r e ROAD 8g POINT OF BEGINNING SET 5 /S' LINE BEARINGS DIST. LI N09'12'30 "E 33.9I' L2 , SO!'14'55 W 93.10' L3 , N39'45' 95 W 70.71' L4 N10 `I5'OS'W , NM' 1 L5 '11'1S'B , 1.11' 884 °52'54"E EXHIBIT B NOTE. SET 5/8' I.R. DENOTES 5/5' IRON ROD WITH PLASTIC CAP STAMPED 'CITY OF CORPUS CI-RISTI. -DC FOUND O96114.55/ N IR FROM PROPOSED RAW. W Lor 8 RUX DR .C.T. 97523' IR N84 °48'21'W 13720 HIILLWWO0 AIL NORTH CAS C"AI8TI. TEXAS 78410 VOL 2117, PG. 231 LOT 10 EXIST/NO q. � 985.02' PARCEL 11 0.812 AC. 35386.8 SO. FT. LOT 9 ALBERT F, SYUCHLY sem LAKESIDE RonEsT DRIVE HOUSTON, TEXAS 77088 93 PO. 338 DAN.C.T. I, Russell D. ache. Registered Professional Land Surveyor, hereby certify that the foregoing map rtes prepared from a survey made on the around under my direction. This the 45TH day of 111111 uA R Y 2002. OrL Russell D. Ochs State of Taxes Lic. 5.24± ^r i"� • r.. "i' • c". . `r L `hr SET 5/8• I.R. Fti s N fl L ", I �� J r I a • EXHIBIT B WARMS wsr+ dered•ade 70 ILormy a■ 1410111-M-10k1 MOM Iardo °a- aotInr +o - r 10 w pae°•r 77 ar w • wears aeorrwDw °Mw .•ue s fmL L2- ger 4 COUNTY ROAD 52 R.O.W. ACQUISITION PARCEL 11 C7Mws" Albert F. Stu,ddiy Beira a treat of Lr•d ooltelning 0912 Aces (35. .8 so. Ft) cut of particn of Lot a Mock 1 awes ;dm- Irrigettdrr Park ,SttOdivisidrr es shored co imp thereof receded in yalae Il Page 54 of the b Records of farces Canty. Teuats 207 Sails In Foot /,\ L'rr�,J CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services ex Sirvey Division Oats : al 125 / 2002 O^ern By : Chocked By : R6C1 RfoJect: 6163 - ortiry MAD 52 IhaB/joels tree ts/d r52nadii2p PARCEL 12 5. Property Taxes. Seller must pay all property taxes incurred on the Property up to and including 2010. All property taxes for the year 2011, if any due and payable or incurred for the year, will be prorated between the Buyer and the Seller from January 1, 2011 to the date of closing. The prorated taxes are only an estimate indicated by a Tax Certificate obtained by the Title Company and the Seller agrees to pay any shortages of property taxes should they occur during the following year. Seller will agree to execute a Tax Proration Agreement expressly stating this agreement. 6. Earnest Money. Buyer will deposit One Thousand Dollars and no cents ($1,000.00) as Earnest Money at the time the contract is escrowed at the Title Company. This earnest money will be applied to the balance of the purchase price owing at Closing. Buyer will pay the balance of the purchase price owing at Closing. When the Title Company possesses the executed deed, any other necessary paperwork, and the balance of the cash payment, the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein, for any reason other than title defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants, use restrictions and all applicable City zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be Closed through the Title Company on or before 90 days from the effective date of this Contract. Seller gives Buyer possession of the Property by executing the General Warranty Deed. Seller's execution of this Contract means that Seller has read and understands that this Contract is not binding on Buyer until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi, 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. This Contract survives Closing of the sale of the Property and the delivery of the General Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. 60 -Day Inspection Period. Buyer shall have sixty (60) days (the "60 -Day Inspection Period") from the effective date of the contract hereof to notify Seller of Buyer's election, in Buyer's sole discretion, to cancel this Contract and receive a refund of the Earnest Money in the event that Buyer finds the Property to be unacceptable for any reason. Buyer shall have reasonable access to the Property during all normal business hours and Seller agrees to cooperate with and assist Buyer in Buyer's inspection of the Property. Failure of Buyer to deliver to Seller, within the 60 -Day Inspection Period, written notice of Buyer's determination that the Property is unacceptable and to terminate this Contract shall constitute an election by Buyer to proceed with this Contract and a waiver of Buyer' s right to terminate this Contract on this basis. a. Right of Entry. (1) During the 60 -Day Inspection Period, and at Buyer's sole expense, Buyer or Buyer's authorized agents shall have the right to enter upon the Property for purposes of: utility relocation, making such land surveys, environmental site analysis, engineering studies, wetland studies, soil borings and soil analysis as Buyer may deem necessary. Buyer shall not cause or permit damage or injury to the Property. Upon termination of this Contract, Buyer shall promptly restore the Property to the condition existing prior to any tests or studies conducted pursuant to this Contract. This obligation shall survive the termination of this Contract, notwithstanding anything to the contrary contained herein. Seller shall make available for Buyer's inspection and copying within ten (10) days from the date hereof all reports, studies and tests in Seller's possession with respect to the Property. (2) In connection with Buyer's inspections, studies, and assessments, Buyer must: (i) employ only trained and qualified inspectors and assessors; (ii) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (iii) abide by any reasonable entry rules or requirements that Seller may require; (iv) not interfere with existing operations or occupants of the Property; and (v) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (3) Except for those matters that arise from the sole negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. To the extent permitted by law, Buyer, as permitted by Texas law will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this Section. b. Environmental Condition of Property. Definitions. "Environmental Law" shall mean any law relating to environmental conditions and industrial hygiene applicable to the Property, including without limitation, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, the Federal Water Pollution Control Act, the Clear Air Act, the Clear Water Act, the Toxic Substances Control Act, the Endangered Species Act, the Safe Drinking Water Act, the Texas Water Code, the Texas Solid Waste Disposal Act, and all similar applicable federal, state and local environmental statutes, ordinances and the regulations, orders and decrees now or hereafter promulgated thereunder. "Hazardous Materials" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in any Environmental Law existing as of the date hereof. Environmental Audit. Buyer shall have the right to cause an independent environmental consultant chosen by Buyer, in Buyer's sole discretion, to inspect the Property, including but not limited to an Environmental Site Analysis (ESA) Phase 1 and Phase II, to determine the condition of the Property, the presence of any Hazardous Materials and any apparent violation of any Environmental Law (the "Environmental Audit") and to deliver a report describing the findings and conclusions of the Environmental Audit. The cost and expense of the Environmental Audit shall be borne by Buyer. If the Environmental Audit reveals, or at any time prior to closing Buyer otherwise becomes aware of the existence of any environmental condition or violation of any Environmental Law which Buyer is unwilling to accept or the Seller is unwilling to cure, Buyer shall have the right and option to cancel this Contract and receive a full return of the Earnest Money. 11. Broker Commission. Seller is responsible for payment of all broker's fees and commissions, if any, incurred in connection with the sale of this property. 12. Possession. At the Closing, the Property will be conveyed free of the rights ofpossession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord- tenant at sufferance relationship between the parties. 13. Representations and Warranties. By Seller. In order to induce Buyer to enter into this Contract, Seller makes the following representations and warranties all of which will be true and correct as of the date hereof and as of the date of closing: Authority: No Conflict. Seller has the absolute and unrestricted right, power and authority to execute and deliver this Contract and the documents to be executed and delivered by Seller in connection with the closing of the transactions described in this Contract (such documents being collectively referred to herein as "Seller's Closing Documents ") and to perform its obligations under this Contract and the Seller's Closing Documents. Seller shall present to the Buyer and/or the Title Company, if necessary, all reasonable evidence of such authority which may be requested by either of them. The execution and delivery of this Contract and Seller's Closing Documents, the consummation of the transactions described herein, and compliance with the terms of this Contract will not conflict with, or constitute a default under, any agreement to which Seller is a party or by which Seller or the Property is bound, or violate any regulation, law, court order, judgment, or decree applicable to Seller or the Property, except as otherwise expressly provided herein. No Litigation or Proceedings. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the Property. Environmental Representations. Except as otherwise expressly provided herein, Seller has no knowledge that the Property contains Hazardous Materials (as defined in Section 10(b)), —210- 4 contains any underground storage tanks, or is not in full compliance with all Environmental Laws (as defined in Section 10(b)). Title to Property. To the best of Seller's knowledge, Seller has full and complete fee simple title to the Property, subject only to the liens and encumbrances, if any, disclosed on the Commitment or Survey to be furnished to Buyer hereunder. No Options. No person, corporation, or other entity has or, on the date of Closing, shall have any right or option to acquire the Property. Compliance. Seller has not received any notice from any governmental agency regarding the Seller's or the Property's non - compliance with applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property. 14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right, title and interest in and to the oil, gas and other minerals in, on, or under the Property. If required by Buyer, Seller will execute a no- drilling agreement, prepared by Buyer, to ensure that Seller will not construct or operate a well on the Property while exercising its right to recover any subsurface oil, gas, or other minerals. 15. Irrigation Rights. Seller reserves unto itself all of its right, title and interest that it may have in and to the irrigation rights in, on or under the Property, under Certificated Filing No. 70 and Water Appropriation Permit No. 529, in the files of the Texas Commission on Environmental Quality, and as amended by the Agreement and Quitclaim of Water Rights, as recorded in the Nueces County Clerk's office, Vol. 998, Pg. 321 - 324, Nueces County, Texas. The parties acknowledge that an irrigation canal is currently Iocated within the County Road 52 dedicated public street right -of -way. The County Road 52 Street Improvement Project, a joint City of Corpus Christi and Nueces County Project ( "Project "), includes plans to widen the paved area, which will cover the irrigation canal. Therefore, as part of the Project, the City of Corpus Christi, working in conjunction with the Nueces County, will construct an underground or above ground water distribution facility, to be located within the existing public street right -of -way, as a reasonable replacement for the existing irrigation canal. The City of Corpus Christi reserves its right to make any changes to the design and construction plans to excavate or place a distribution system, pipe or ditch, that meets the requirements, specifications, and instructions of the Nueces County Water Control Improvement District #3 ( "District ") and the District's Nueces County Water Control and Improvement District #3 Water Distribution Standards and Development Guidelines. 16. Essential. Time is of the essence in closing this transaction. 17. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 18. Counterparts: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the 17 AGENDA MEMORANDUM AGENDA ITEM: April 12, 2011 a. Motion approving the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement submitted by Devary Durrill Foundation, owner and developer of 100 South Padre, Block 1, Lot 1, located east of South Padre Island Drive (SH 358), between Bear Lane and Investment Boulevard, including all related appurtenances; and b. Ordinance appropriating $107,557.00 from the No. 4030 Grid and Arterial Transmission Mains Trust Fund to reimburse Devary Durrill Foundation for the installation of 791 linear feet of 12 -inch water grid transmission main, including all related appurtenances for development of 100 South Padre, Block 1, Lot 1, as specified in the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: Devary Durrill Foundation, owner and developer of 100 South Padre, Block 1, Lot 1, will start the construction of extending a 12 -inch waterline, including all related appurtenances once the City Council approves the Grid and Arterial Transmission Main Construction and Reimbursement Agreement and appropriates funds from the Grid and Arterial Transmission Main Trust Fund in compliance with the Platting Ordinance, Section V.B.5. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Gt Juan Perales, Jr , P.E. Assistant City anager of Engineering and Development Services Email: JohnnyP@cctexas.com Telephone: (361) 826 -3570 Attachments: Exhibit A Background Information Exhibit B Location Map Exhibit C Final Plat Exhibit D Proposed Improvements Layout Exhibit E Application for Waterline Credit Exhibit F Application for Grid and Arterial Transmission Main Reimbursement Exhibit G Engineer's Cost Estimate Exhibit H Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement H :\DEVELOPMENT SERVICESSREIMBURSEMENT AGREEMENTS1100 SOUTH PADRE, BLOCK 1, LOT 1\COUNCIL AGENDA MEMORANDUM.DOC —215— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development of 100 South Padre, Block 1, Lot 1, as shown in the final plat for the project (Exhibit C), requires the extension of a 12 -inch waterline in order to complete the waterline loop. The subject property is will be served by a proposed 8 -inch PVC waterline which will connect to the 12 -inch waterline extension and completing the loop. The proposed improvements will provide adequate water to the proposed development of an assisted living facility. A layout of existing and proposed improvements is included as Exhibit D. The subject property is located east of South Padre Island Drive (SH 358) between Bear Lane and Investment Boulevard. The developer will install an 8 -inch waterline along the South Padre Island Drive frontage from Investment Boulevard to Bear Lane. The proposed 12 -inch waterline will be extended from Enterprize Parkway to South Padre Island Drive. The 8 -inch waterline and the 12- inch waterline will be connected and thus complete the waterline loop that will improve service and water quality to the proposed development and the area. The developer is not eligible for reimbursement for the proposed 8 -inch waterline outside the immediate proposed development because it is all part of a master development owned by the same property owner. The developer is eligible for full reimbursement for the 12 -inch waterline because the line is a grid main shown on the master plan. The developer has submitted an Application for Water Line Reimbursement (Exhibit F), a Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement (Exhibit H) and supporting documentation in compliance with provisions of the Platting Ordinance, Section V.B.5. The total installation cost submitted by the developer for the 12 -inch waterline is $114,921.00. The developer has submitted an Application for Waterline Credit in the amount of $7,364.00. The developer is eligible for 100 percent reimbursement. Deducting the waterline credit, the maximum amount that is reimbursable is $107,557.00. A detailed breakdown of the Engineer's cost estimate is included as Exhibit G. EXHIBIT A H:IDEVELOPMENT SERVICES REIMBURSEMENT AGREEMENTS1100 SOUTH PADRE, BLOCK 1, LOT 11COUNCIL AGENDA MEMORANDUM.BACKGROUND.DOC -216- 0.4 Miles Legend r._._.. 1 PLANNING. CITYLIMITS aseco am:02;7340Y Prawn gDM: a�;aV.T r..A.R.srA 7�C7SPrcyacbAreg-u'e7Jctsui r?A CIS . i_O`HA Prd By .SS S. uroa: ewpuscnrsc Dew= a1CKJeva•ocraraS v.cos EXHIBIT B -217- LOCATION MAP r'wl'Iil or inti[[ . b� p pal .e a, n eeiror elAsn m1;„ � A 1,1„.1 a a;�� s � dre. 1 Be ice. m�n �een��'iMY�L- I- ,714m e , tleilYwlw is the w d I 641 Iv p,•eeilnpvesev 54..1E or lolaswl 6�r.a Dom MOUEI,� Y. ln4 711 73X1 6eer.luXH� mee•nu D. n M. . dm m N ler 1.. aeB:.I Ar."° ,1:°" Pr % I . F"m mJ ma:n," 110104 MuNlc CNIIII u2tNMoICa5 [.r6n4lrA ls.4:7FIrs s ng u,, iw, 01 u,e GiY01� GRAPH 0 30' 60' 120• MAI de UV moon DErFrie 61.161. 4y~ ac_L4 MUM _sie s Own wMIKAT n, )56411x¢ meawml�. 11',1 3 -..� ..__ - .lorewa aAram -0.11_1. • 11 1111 X3nn16wuue ' STAT OF FAMES 1711 Mn tl 111Me O".""I M Yl One"'"''"`"Al Po�ewo.Mn1"'Sr.ct. Crarev [UUXLrr 0' XIX CE5 TCM. Ceuntr teen ry IX �'r774 eH �yS ,rY rnf.ra 1. elckeem One _Dm el n E611m _ A.0u gum* eel lnet eOilo In 'Sm. CMlall. Seww Am We _ any el 2011 nc•m.n ru Plm 1. O` uen P. A m,rdeM. q R•941med Iryasaab,0 Lana _le N., g0np map ey meee w81°73IIae°n°ly6ere°iu on ow n vuo nna a rceu p rea1Y m e°.� en •b Pea; I Ie,. w.r rl m1.X 1.1. •x.ni`a,. we n6: era ml. .aw a9� I•fl ,`,'ab eaAw mai...aael wena.. IMP. A wnra_,, R.Pis. 16101 niMwM°u= /%Q11 k�igIXlCrnMO"c6 A qp / IILFND4 ° i `ar 51 FM1110 ROOM REM. kNA AENI LEGEND 1Od° vr�cAr IYJcFI4 RX 401101010 OF ROM 001MEN1 LOT O6E 11410 REO)5RE0EM EdENTAIr 6040100 FO4N0 f Arran?NVIUNEOT X, C� NOTES: 1111 \ IropuNuo s � � =FarM/ � _1NTERPR12_ ..- e04 .-iaX_xal r�•p,;�'z'"�"1111_- J rtu"un1,7?%c art LOT 1 BLOCK 1 5.2590 ACRES 228,090 SF CURIE DATA C' 1 0W➢0TA '1Fl 161 I `x14.16rs 50,14 1 SIN3237F I LOAM I MORD AA 14409019"W 607.69' VDT, W/ C+PO° ' + rare 1066 4 0 gsgrvO1PM TOPE MRS40•"_00 NO.FiOT exoaBn m m°1� e-mo N m10-1� ns cn�IaN, 3ee'eeia0�m.51 *AD MD. mm0m 3Xr_iml S49V9'441W 345.12' SH 359 SOUTH PADRE ISLAND DRIVE I. DIE FARE FRAM IS 0AtE01(4)56 01111 FAA •A. 111E x1000 801111111 Al mama OD AA PIAS MRD60WE0 ADM IDE 4141 0706 5 M1SI GE34101 tt. IDA. NA a RT0I 10P 30.021.11,1DNEL IMAM1.A.ANt 0165 C sTD N [vaN tNEa0. T. 061 [1MME[ED. 011 R RS PFLO41IW� aS ImIor (1 1005 6P9MI RE ARh OTAOM x1040 C"We 6110 114E OEO 1 THE 10E4 11 A5R0 ' a4 AS MD DeFfmnniED.iE'MPl PNG M AS VAN, PCAIDOW Y3 1. Rsmlti MIL%� wRAW N0001)5R: 00 IJ DA PARED no T1bngyln5N04011.11.R1 0. o I[ae nE MU ATT, O[5 x(40116[ CRF 40413 Or 1* Cm 6r callus cam. NASD1. TA. INE10165 WAD nno RC11Pl r. ir OF ME �41161FAws W00 00 Ul 1. .1Ar 0( 6104100 ,C ro 6 Dae 1144 0 R. 60EOF MeESa911 N1t 0o'00 r4. Cm'^'Ilw w WW11131 . 41, 5006 xa41131411110.51 ll4, 01? 116 0r M..11 COWRY. I[Yr3 ORM 1. IICMS l#O00lElif IO FAD AstA,10141, RFCwnEb er M1W1 1RN6C a. IDE 144 S WAD w0 NDADDAO M 3cEp10A741. MIN 0.011n111/4 nR e9 s smEo"R o: to cm'''4; v+ i44a 4411lpunM Alp wiEbE'i-e 'io;e PA/All 4046141 1.5(14115 7.1'61 011.146611 Rf 1114 11161.4.01 611603 le mom S.,SLI6.01.-4,4' OR U31.14 1/1317eInfOR 7 X'i; cN or .am.n•r- Rn r\ _11116444 WON M R• N, Mcii PLAT OF LOT I BLOCK 1 100 SOUTH PADRE vine' RENO A 5.2590 ACRE TRACT 06250 OUT UFA 17.031 ACRE TRACT NAMED TRACT I, ONE TUTORED 50171: PADRE. RECORDED 114 061001 2151, PAGE 553, DEED RECORDS CF NUMB COUNTY, TEAS, RUNG A P0511014 OF LOT 3, SECTION 5, RANGE v111. CUGEHNLIM AND 410044 S 660111 LOTS, AS RECORDED IN 50112.1E A, PAGE 53. T.IAP RECORDS OI NUECCS COMM. TCRAS. } BEAR LANE EXISTING i2` PVC WATERLINE L 791 LF 12" PVC WATER GRID MAIN EXTENSION B" PVC WATER DISTRIBUTION VAIN EXTENSION ti Ora is aale 0 200' 400' 1710. DATE REVISIONS 15' UTILITY EASEMENT (BY PLAT) 1 � \ t �. m Q . J salmierglnealin IngaurvsyIng Flex waa. wv. EXIST. 8" ACP WA(ERLINE SUBDIVISION IMPROVEMENTS FOR LOT 1, BLOCK 1,100 SOUTH PADRE ScAI E :PAWN '$P: 1 ".golf RH ROVED e4: CM WATER MASTER LAYOUT o+� r 7A151 nlmnr w EXHIBIT D -219- DATE: JOB a0. - SIEE5 NQ Im: .61.A87.BA55 rm414 - - sww,nr1nemm MAR2011 10001 -1 APPLICATION FOR WATERLINE CREDIT 1, William R. Durrill, Director of the Devary Durrill Foundation, owner and developer of proposed Lot 1, Block 1,100 South Padre Subdivision, hereby apply for a $7,364.00 credit towards the water lot/acreage fee for the Grid Main extension installed in conjunction with Lot 1, Block 1, 100 South Padre Subdivision as provided for by City Ordinance No. 17279. Said $7,364.00 is a portion ofthe construction cost, including 10% Engineering, as shown bythe cost supporting documents attached herewith. Devary Durrill Foundation THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on - . , 2OLL, byL—ft )t(4*A? !// )"a .,c, dL , a Texas Corporation, on behalf of the said corporation. REBECCA I. GREEINE NOTARY A LO Comm. bA• u112812018 Jahier4 Public in : i d s Nueces County, Texas CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of $ is herewith approved. Development Services Engineer (Date) EXHIBIT E -220- APPLICATION FOR WATERLINE REIMBURSEMENT I, William R. Durrill, Director of the Devary Durrill Foundation, owner and developer of proposed Lot 1, Block 1, 100 South Padre Subdivision, hereby request reimbursement of $107,557.00 for the improvements to the grid main extension in conjunction with Lot 1, Block 1, 100 South Padre Subdivision, as provided for by City Ordinance No. 25424. Said $107,557.00 is the construction cost, including 10% Engineering, in excess of the Iotlacreage fee, as shown by the cost supporting documents attached herewith. 11, Director --� Devary Durrill Foundation (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( s ` trumen 1 ac owledge before me on �( �' , 20 ft, ` T.4 AT 1 , a Texas orporation, on behalf of the said by CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Transmission Main Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT F —221— WATER GRID MAIN EXTENSION COST BREAKDOWN CONSTRUCTION COSTS GENERAL GRID MAIN Description Unit Quantity Unit Cost Total Price 1. Mobilization/Bonds LS 1 $ 5,000.00 $ 5,000 2. Exploratory Excavation LS 1 $ 2,000.00 $ 2,000 3. Traffic Control LS 1 $ 3,000.00 $ 3,000 GENERAL SUBTOTAL $ 10.000 GRID MAIN GRID MAIN EXTENSION SUBTOTAL CONSTRUCTION SUBTOTAL 10% CONTINGENCY TOTAL CONSTRUCTION ADDITIONAL• COSTS: 10% ENGINEERING BACKFILL TESTING TOPOGRAPHIC SURVEY CONSTRUCTION STAKING $ 82,207 $ 92,207 $ 9,221 $ 101,428 $ 10,143 $ 911 $ 440 $ 2,000 TOTAL CREDIT/REIlVIBURSEMENTI ($ 114,921 WATER ACERAGE FEE CREDIT Description Unit Quantity Unit Cost Total Price 1. 12" C900 PVC LF 791 $ 75.00 $ 59,325 2. Pipe Trench Safety LF 791 $ 2.00_ $ 1,582 3. 12" Gate Valve/Box EA 4 $ 1,700.00 $ 6,800 4. Fire Hydrant Assembly EA 3 , $ 4,500.00 $ 13,500 5. Connect to Exist. Water EA 1 $ 1,000.00 $ 1,000 GRID MAIN EXTENSION SUBTOTAL CONSTRUCTION SUBTOTAL 10% CONTINGENCY TOTAL CONSTRUCTION ADDITIONAL• COSTS: 10% ENGINEERING BACKFILL TESTING TOPOGRAPHIC SURVEY CONSTRUCTION STAKING $ 82,207 $ 92,207 $ 9,221 $ 101,428 $ 10,143 $ 911 $ 440 $ 2,000 TOTAL CREDIT/REIlVIBURSEMENTI ($ 114,921 WATER ACERAGE FEE CREDIT $ 7,364 REIMBURSEMENT . $ 107,557 EXHIBIT G —222— GRID AND ARTERIAL TRANSMISSION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and the Devary Durrill Foundation, 615 S. Upper Broadway, Corpus Christi, TX, 78401 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on February 16, 2011, to develop a tract of land of approximately 5.26 acres called 100 South Padre, Block 1, Lot 1, located east of South Padre Island Drive (SH 358) between Bear Lane and Investment Boulevard, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Grid and Arterial Transmission Main Extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Grid and Arterial Transmission Main Extension; WHEREAS, it is to the best interest of the City that Grid and Arterial Transmission Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Section V.B.5.f.)(1)(ii.) (4) of the Platting Ordinance, authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Grid and Arterial Transmission Mains Trust Fund and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Grid and Arterial Transmission Main Extension (Exhibit 2); 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 Grid and Arterial Transmission Main Extension, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Grid and Arterial Transmission Main Extension, as shown in Exhibit 3, with the following basic design: 1. Install 791 linear feet of 12 -inch PVC water grid main line. EXHIBIT H Page 1 of 7 —223— Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durriii Foundation and City of Corpus Christi 2. Install four (4) 12 -inch gate valve with box. 3. Install three (3) fire hydrant assemblies. b. The Grid and Arterial Transmission Main Extension must begin at the southwest corner of Bear Lane and Enterpize Parkway and extend west along the south side of Bear Lane approximately 791 feet to the east right -of -way line of South Padre Island Drive (SH 358). c. The plans and specifications must comply with City Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Grid and Arterial Main Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Grid and Arterial Main Extension. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 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 for the area of the Grid and Arterial Main Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Grid and Arterial Transmission Main Extension, under the approved plans and specifications, by October 31, 2011. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. EXHIBIT H Page 2 of 7 —224— Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrill Foundation and City of Corpus Christi d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 31, 2011. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. EXHIBIT H Page 3 of 7 —225— Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrill Foundation and City of Corpus Christi 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11 NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Devary Durrill Foundation 615 S. Upper Broadway Corpus Christi, TX 78401 ATTN: William R. Durrill, Director 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. EXHIBIT H Page 4 of 7 —226— Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrili Foundation and City of Corpus Christi 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Grid and Arterial Transmission Main Extension and the construction of the Grid and Arterial Transmission Main Extension for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer the reasonable cost of the Grid and Arterial Transmission Main Extension, not to exceed $107,557.00. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City, as a result of an uncured default by the Developer, at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. DEVELOPER SHALL INDEMNIFY FULLY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, OR AGENTS ( "INDEMNITEES ") FROM, AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION WORKERS COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE GRID AND ARTERIAL TRANSMISSION MAIN EXTENSION 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, 100 South Padre, Block 1, Lot 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. EXHIBIT H Page 5 of 7 -227- Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durr'II Foundation and City of Corpus Christi 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by Developer to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this day of , 2011. Devary Durrill Foundation (Owner/ Developer) 615 S. Upper Broadway Corpus Christi, TX 78401 By: William R. Durrill Director THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on , 2011, by William R. Durrill, Director, Owner /Developer, 100 South Padre, Block 1, Lot 1. Notary Public, State of Texas EXHIBIT H Page 6 of 7 -228- Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durriil Foundation and City of Corpus Christi CITY OF CORPUS CHRISTI ( "City ") 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa Margie C. Rose City Secretary Interim City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2011, by Margie C. Rose, Interim City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2011 Deborah W. Brown Assistant City Attorney for the City Attorney EXHIBIT H Page 7 of 7 -229- %I0 LOCATION MAP craTire 0FEi u ry : 5005 M Renin' p'ul Ino P epL33 0,I i°n, ca Iter 0001 rl. 0, kr'rI. oT.:10' , Ilial.. re,n�a Sana ✓✓nn -d -.ere ]eSemm to Ve puene 10]01007 erg710, 0 mNnlrnene el GnxrR q 0500°bJlel on, ee "V., N. plat for Na 1.-s STnC 901 ICLTS it ounm WIRr aF ,00EO e RWWeppvvaa a en rglnrn eR11EFET, 7n 1109 Ft 00110 dnoeri a mode on the 171°97179 mtrvmrel d allnq, ono 0e o'orW a e.d ' e rll n .. 1 Bae e °m`n i . 1°0000 roe:; 711 mi° al'".�°iem ai°aillre, 7100 m 0elny 1P0ro "4'54'0E-1'113n ATC OraF 51TEyr M 1059 pal ayPppre c0 W an ""'"1.1.7"'"'" "'" eey d 1.7h7 cl 050 CIIY o11n Cppur fA,:elt, I..m, Inla � 7anlfwZ l4. Goran. EInrtrnon LEGG E 5,1106 1.0CP, Seorlo0 Bi IOe Ornoereenl el Deode0nrm smirexN ai ceman°I�eR. repne. ua _ tler el r smum, DP el I:nm Ten4,ee pon n° T r pi , p :TUT trli e�ri:i 201110 WEE Es ailielc 12;0171 �ee,i n Fr/ O'rl:L Intl duWel n Ya�umryeva�} 71 a °e°N m Tole 05 H sora, n7 C5r g n:2°11:: en, e Dee SINE COW. TEXAS es Inc10,0,0,0, Ing'pCUs Laa n henn�erceog^moIre.sen rer e�illn'emo�orven. IP Imo here neon,, 177 U am H eel ° .Ile Iv71°w.ne a uw..6. .Pn ACe1N merenmi eJTq 04 We 0, Wunder.. 5.P,LS E1IBI GRAPHIC SCALE 0 SO'BD' 120' 1.5; rfflvm&omir nn won Inmar¢ rOr Pxmcr1s. B `Td vr%HCAr 55 P Z POND gtG� �� ENT Efl PRIiZE ?wall �-• zomahar POST n rno1+aRG5 MET ICH /rouND 5EE NO'TE Boll HELL w unTAM FMGErapos1M e1.1a1EVr es !FPrnP S MTn7eln r� — i "may 71025 .rosw,i nn•y -4:p1.15.!!'CE$53,9 R,fia,Wil �Af""" C LOT 1 BLOCK 1 5.2590 ACRES 229,000 SF CURVE DATA " 1 enn0 00' I �r l �`o LSEITTP511 30' n/ CAP tl 5 rr fa en0Nnningquing.nraying TOPE FIRM 0100. R0. FymT ...Dee 2921 002377 �Rolla. Greet MIT oraae enVe. •ns 3si:eei:Bams �rmn:`. ,carne-,no.Mn Jy, 549'02'44'W 305,1.2' ,%11501°"' -I N40'50'16eW 007.69' EY WOW EisTEPunn 0 _2x001. encverm mamma or m wATE ar,man1M, ,ImTal nMil�,i nw°, iPWI °R00a SH 358 __—,._ ---- q SOUTH PADRE ISLAND DRIVE __--- --_ LEGEND NOTES: 09Mn]M0T I. lilt 01150E PABPER7 6 LOCUM 0150 FEW EINE '11. THE ROOD 001010015 5 SODOM ON WS PLAT WAS 117IEIIPCIATM 0000 ME 700506 Pu01091CI 50010an15 OF 00777 00005 10115. Ct93 Ila 5�51161FE115 Cl50i01 655,00T OF CURE DIME 14 x¢17¢001271 UK 2, 00 050050110 051075 IBR 111E 551x0 WOT110.0501 0006 156 A07100IW'5 TARO REWFn1ENT ME 650 CR500. 001 11 15 s DIREC050 A5 0R EM9000MI17A11Y 9Em5HDS EE n1E 050 CP7TI� 09475 005[0[0.1 110 505 050 501 110 1509 WS EASEMENT COME10110 0 AID 031 09VETO_ X0115 0x1050 As 'MI I11Me EV0f IBL IMINIM5111 TOMO 1,9um USE �S� r A rE D n0 A 1171 MOMMA THE OIISIO AWn, MEW. n MUM. H. INT EMIR PF W4ply 163 MGM 10E Om MOS 60 57E CM OR LIME man. r 0 19 1011➢ 5-0. 5. 715. DENOTES - x16 RCOMR0IEM, 1E MRS OEOUIR1F]II AS DEPICTED 01 C 10.. IS EE l0111 Dr THE IMAV OD MEOWS O O 971.1[0110 0050 oon °. INE BEM Er 110Posos CF EMIT moUSEM50 00100 5ml xqEDO u7E MOM va6E 931-1''1 PoGM FUMES CT 101E0E9 SOLUTE MOS. ]!]. ME FUMES P ACCESS. ALONE SN MN ETIONTOCE MAO 19 510010550 M 1.001 1RMUS RESEW 51VU51Y0111 PEEN REGULATIONS. E IML ENS MEM am ]8720.10/11 �C300nc0 150 010]0507 to MBIA e SEN M 0STEEIN00 ERY PEME TROLEUM 50PEESIiEDIDLWED OCNT pro 00300' E .-51 9 1, 9, 111E FIGGIE 5000f'1E 01050.0.15 SIAL 90 11Aar1010 DA DC MEMOS! 9PI010. PLAT OF LOT 1 BLOCK 1 100 SOUTH PADRE BEING A 5.2590 ACRE TRACT BEING OLD OF A 17.621 ACRE TRACT NAMED TRACT 1, ONE HUNDRED SOUTH PADRE, RECORDED 111 VOLUME 2151, PAGE 553, DEED RECORDS OF 0UECES COUNTY, TEXAS, BEING A PORTION OF LOT 3. SECTION 5, RANGE VIII. CUGENHEIM ARB COHN'S FARM LOTS. 1y RECORDED 111 VOLUME A, PACE 53. RAP RECORDS OF NUECES COUNTY, TEXAS. APPLICATION FOR WATERLINE REINIBZIRSEMENT 1, William R. Durrill, Director of the Devary Durrill Foundation, owner and developer of proposed Lot 1, Block 1, 100 South Padre Subdivision, hereby request reimbursement of $107,557.00 for the improvements to the grid main extension in conjunction with Lot 1, Block 1, 100 South Padre Subdivision, as provided for by City Ordinance No. 25424. Said $107,557.00 is the construction cost, including 10% Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. THE STATE OF TEXAS )( 11, Director Devary Durrill Foundation (Date) COUNTY OF NUECES )( T s icemen w aclorwledge4 before me on 7' , 20 it, by �,� � , AY/// L-hi r� , a Texas orporation, on behalf of the said corporation, 4:„ ■ titaV REBECCA L GREENE NOTARY PUBLIC State orTmme Comm. Exp. 0112.1112013 CERTIFICATION y Publi rn and or the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Transmission Main Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer (Date) EXHIBIT 2 —2 31 — BEAR LANE 15' UTILITY EASEMENT (6Y SEPARATE INSTRUMENT) 791 LF 12" PVC WATER GRID MAIN EXTENSION 8" PVC WATER 0ISTRIBUTION MAIN EXTENSION EXISTING 12• PVC WATERLINE 6 • , •�;�15' UTILITY EASEMENT (BY PLAT) Gra IC Scplp 0 200' 400' ,` - k-WAY- -- 15' UTILITY EASEMENT �,• (BY SEPARATE INSTRUMENT) 0 0 ,o0 EXIST. 8' AC? WAVRLINE NO. DATE REVISIONS BnpfnllI n ing.6ulveyln& 7aP1 RIM REQ. 112 ROPY SUBDIVISION IMPROVEMENTS FOR LOT 1, BLOCK 1,100 SOUTH PADRE SCALE: RH APPROVED 6Y: DAtt WATER MASTER LAYOUT; .sHtEr 1311.1. a r..,.,M fwa.R T.... TRIM J. %CI Sf7 RAM Ina. I51.PR7.B955 rm¢II! M .e -;nenm EXHIBIT 3 -232- CM MAR V11, 10001 -1 Inn [ nR -ReRM, WATER GRID MAIN EXTENSION COST BREAKDOWN CONSTRUCTION COSTS GENERAL SUBTOTAL Description Unit Quantity Unit Cost Total Price 1. Mobilization/Bonds LS 1 $ 5,000.00 $ 5,000 2. Exploratory Excavation LS 1 $ 2,000.00 $ 2,000 3. Traffic Control - LS 1 $ 3,000.00 _ $ 3,000 GENERAL SUBTOTAL GRID MAIN EXTENSION SUBTOT CONSTRUCTION SUBTOTAL 1O% CONTINGENCY TOTAL CONSTRUCTION ADDITIONAL COSTS: • 1O% ENGINEERING BACKFILL TESTING TOPOGRAPHIC SURVEY CONSTRUCTION STAKING S 92,207 $ 9,221 $ 101,425 $ 10,143 $ 911 $ 440 $ 2,000 TOTAL CREDIT/REIMBURSEMENT1 1 $ 114,921 I WATER ACERAGE FEE CREDIT Description Unit Quantity Unit Cost Total Price 1, 12" C900 PVC LF 791 $ 75.00 $ 59,325 2. Pipe Trench Safety LF 791 $ 2.00 $ 1,582 3. ! 12" Gate Valve/Box EA 4 $ 1,700.00 $ 6,800 4. Fire Hydrant Assembly EA 3 $ 4,500.00 $ 13,500 5. , Connect to Exist. Water EA 1 , $ 1,000.00 $ 1,000 GRID MAIN EXTENSION SUBTOT CONSTRUCTION SUBTOTAL 1O% CONTINGENCY TOTAL CONSTRUCTION ADDITIONAL COSTS: • 1O% ENGINEERING BACKFILL TESTING TOPOGRAPHIC SURVEY CONSTRUCTION STAKING S 92,207 $ 9,221 $ 101,425 $ 10,143 $ 911 $ 440 $ 2,000 TOTAL CREDIT/REIMBURSEMENT1 1 $ 114,921 I WATER ACERAGE FEE CREDIT $ 7,364 REIMBURSEMENT . $ 107,557 EXHIBIT 4 —233— SUPPIdI RNUMBER TO BE ASSIGNED Br CITY —" ;;r - PURCHASING DIVISION City of Cb sti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. It' the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and defmitions. COMPANY NAME: Devary Durrill Foundation P. O. BOX: STREET ADDRESS: 615 S. Upper Broadway Street CITY: Corpus Christi ZIP: 75401 FIRM 15: 1. Corporation 2. Partnership ,fr 4. Association 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1, State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named. "firm." Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. • Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in subject above named "firm,." Name Consultant N/A EXHIBIT 5 Page 1 of 2 -234- FILING REQUIREMENTS Ha. person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: William R. Durrill (Type or Print) Signature of Certifying Person: Title: Director DEFINITIONS Date: ^ E t a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which far purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 5 Page 2 of 2 -235- AN ORDINANCE APPROPRIATING $107,557.00 FROM THE GRID AND ARTERIAL TRANSMISSION MAINS TRUST FUND, NO. 4030, TO REIMBURSE THE DEVARY DURRILL FOUNDATION FOR THE INSTALLATION OF 791 LINEAR FEET OF 12 -INCH WATER GRID TRANSMISSION MAIN, INCLUDING ALL RELATED APPURTENANCES FOR DEVELOPMENT OF 100 SOUTH PADRE, BLOCK 1, LOT 1 AS SPECIFIED IN THE GRID AND ARTERIAL TRANSMISSION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $107,557.00 is appropriated from the Grid and Arterial Transmission Mains Trust Fund No. 4030 to reimburse the Devary Durrill Foundation for the installation of 791 linear feet of 12 -inch water grid transmission main, including all related appurtenances for development of 100 South Padre, Block 1, Lot 1, as specified in the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement; 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 , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED as to form this 31st day of March, 2011. By: eborah W. Assistant City ! ttorney For City Attorney H :I LEG- DIRISharedlLEGAL- DEV.SVCS12011 Agenda14 -12- 111100 S. Padre (Dusty Durrill) Reimbursmt, Agmt13 -31 -11 Appropriation Ordinance.DWBFinal.docx -236- Corpus Christi, Texas day of , 2011 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:1LEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda\4 -12- 111100 S. Padre (Dusty Durrill) Reimbursmt. Agmt13 -31 -11 Appropriation Ordinance.DWBFinaLdocx —237 -- 18 AGENDA MEMORANDUM AGENDA ITEM: April 12, 2011 a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by North Beach Holding, LLC, owner and developer of Corpus Beach Hotel Addition, Block 111, Lot 52A, located south of Hotel Place South, between Surfside Boulevard and Corpus Christi Bay, including all related appurtenances; and b. Ordinance appropriating $26,051.75 from the No. 4030 Distribution Mains Trust Fund to reimburse North Beach Holding, LLC for the installation of 695 linear feet of 8 -inch water distribution main, including all related appurtenances for development of Corpus Beach Hotel Addition, Block III, Lot 52A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: North Beach Holding, LLC, owner and developer of Corpus Beach Hotel Addition, Block ID, Lot 52A, will start the construction of extending an 8 -inch waterline, including all related appurtenances once the City Council approves the Distribution Main Construction and Reimbursement Agreement and appropriates funds from the Distribution Main Trust Fund in compliance with the Platting Ordinance, Section V.B.5. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Juan Perales, - r., P.E. Assistant City Manager of Engineering and Development Services Email: JohnnyP@cctexas.com Telephone: (361) 826 -3570 Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Background Information Location Map Final Plat Proposed Improvements Layout Application for Water Line Credit Application for Distribution Main Reimbursement Engineer's Cost Estimate Distribution Main Extension Construction and Reimbursement Agreement H:IDEVELOPMENT SERVICES REIMBURSEMENT AGREEMENTSSCORPUS BEACH HOTEL ADDITION, BLOCK III, LOT 52A\COUNCIL AGENDA MEMORANDUM.DOC -241- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting and development of Corpus Beach Hotel Addition, Block 111, Lot 52A, as shown in the final plat for the project (Exhibit C), requires the extension of an 8 -inch waterline to serve the subject property. The subject property is currently served by an existing fl- inch PVC dead end waterline. The proposed improvements will provide adequate water to the proposed development of a restaurant. A layout of existing and proposed improvements is included as Exhibit D. The subject property is located south of Hotel Place South, between Surfside Boulevard and the Corpus Christi Bay. The three (3) Tots west of the subject property are served by an existing 4 -inch dead end waterline. The proposed extension of 695 linear feet of 8 -inch waterline will loop the waterline around the block and tie into an existing 8 -inch lateral waterline which is connected to an existing 16 -inch transmission line in Surfside Boulevard. The proposed extension will complete the waterline loop that will improve service and water quality to the proposed development and the area. The developer has submitted an Application for Waterline Credit (Exhibit E), Application for Water Line Reimbursement (Exhibit F), and a Distribution Main Extension Construction and Reimbursement Agreement (Exhibit H) and supporting documentation in compliance with provisions of the Platting Ordinance, Section V.B.5. The total installation cost submitted by the developer for the 8 -inch waterline is $53,839.50. The City is responsible for a participation not to exceed 50 percent of the total installation cost. The water acreage fees are typically credited in the reimbursement. The water acreage fees in the amount of $868.00 are due. With the City's 50 percent of the total installation cost, the maximum reimbursable amount will be $26,051.75. A detailed breakdown of the Engineer's cost estimate is included as Exhibit G. EXHIBIT A H:IDEVELOPMENT SERVICESIREIMBURSEMECNT AGREEMENTS\CORPUS BEACH HOTEL ADDITION, BLOCK III, LOT 52A\COUNCIL AGENDA MEMORANDUM.BACKGROUND.DOC —242— us C . risti Bay Corpus Christi Bay Subject Area 0 0.05 0.1 0.2 Miles Legend [• ----- F LANN!NG. C!TYL!MITS ,CM c.3 Como Zere:02/7,542V PseudgXre:02.10407V EVAt •gzishVOK,'h MAC,'. .BLOCK 2:07U Napa.' ea' By: LESS SAZOO:C¢aC.A'p.S CP.U5G 9aparc cc r Dr: Cox. am d•cfae5 LCATION MAP EXHIBIT B -243- BLOCK iV 8 DRAWING NO: 10019F --plat PLa1GATE; 01-14-11 0:50 AN GRAPHIC SCALE a e, [ 1N F10!T ) e 10 1 ea IL NOTES 29,1 1. THE YARD REQUIREMENIN (TE pyy1 R.)As DEPICTED, IS A AND IS SURRJECT TO MINCE AS 1010 2ONINC�.MAY CHANGE .517E IS CURRENTLY ZONED 'AY. APARTMENT TOLISOF . 2. THE DAa5 DF HEARING Is 'TORE OF 1065, 1ADeERT GRID, Sa1ml ZONE NAU 1E83, PITON NDS STATION SN -135, 3. A SUERECF PROPERTY IDES WIRIN ZONE 172 E1 13 11 ZONE 1123 EL 15 A5 SHOWN ON THE FEDERAL EMERGENCY MANAGIOIENT AGS ITT 101 FLOOD CCMFNNNITy AND PSURANCE ANEL NUMBER 41134124 0155 C DATED HMS T Is, 1085 4. THE 6205IND WATER FOR THE STORM WATER RUNOFF FROM 7145 PROPERLY 10 THE CORPUs CHRISTI CORFY5 01910 DAY 210 417 PTIOENL LASR.07THE WATERS. 10001 IFE 2) PoR THE CATE7AINZED THE 00RPU5 011135)7 DAY AS "COtNTP0 REST. EATITO' USES 0. PRR7AIE ACCE55 TO AVENUE 'A' IS 1200170E0. D. IF ANY LOT IS DEVEL0PFD WTTH RESOENRALL 166, 0OYPUANCE MITI THE PU0UC 0PFN SPADE REGULATORS WILL 6E REQUIRED DURING TFE 62(551) PERMIT PHASE !3 JAR ) 9 a!l PUNNING COMMISSION F1NAL. PLAT CORPUS BEACH HOTEL ADDITION LOT 52A, BLOCK III BEING A REPLAT OF LOTS 52-57, BLOCK 111, CORPUS BEACH MOTEL ADDITION, A SUBDMSION OF CORPUS CHRISTI. NUECES COUNTY. TEXAS AS SHOWN ON THE MAP THEREOF RECORDED IN VOLUME 1 AT PACE 52, MAP RECORDS NUECES COUNTY, TEXAS; CONTAINING 0.621 ACRES. PROW.) ET BASS & WELSH ENGINEERING 3054 SOUTH ALAMEDA ST. CORPUS CHRIS', TEXAS 78404 TEL 361-882-5521 FAX 361-882-1265 FIRM REGISTRATION NO. 100527-00 5741004 1pµ5 WIRTIY OF 4465163 147 � PRURIENT oF 2Nnr upAxj REACH •v,Ra E NRI BNB WO TRM POO 16 a 1 AS 15 N05011 � sae1�11� Ala SuaoAmEo A9 sNOAH 6 ...ARE 6EaC1�itl p ,+ MFaR TE�OFF:EME�sF 4W7 :CMS- . IIIE 1L1eRFIty10E CF P16uC x9001111 ANO 0009OFS 1IOs IRE oAT aF . 1011 LYRI RIMER. STATE OF 11]4] CARRY OF 1AA29<S Aeras DE MIENT 0M 1.1 IDIOME1EEL WORE YE 9Y 11 TRACER 9417 FARM H11011C IN AND FOR 115 STATE OF 1MAS STATE OF TEAM COWRY OF 517000 YHE FN1L PIM 07111E NOa:11 UESCNREO POWER' WAS APPROVED 511 7F@ F A9MM 11716 5ION OF THE CRI W =P09 01'15T4151125. Das NE _ DAY 6F , =VI PYAII moo. GUNMAN SECRElluy' LLW14 ALC,F, SATE OF TEAL COLONY OF NUMMI INE RAL PLAT OP THE PERM 0ESONDE0 FAME IT WAS APPROVE° BY 116 DFFNR7 NT 07 401 6Cp111)7 SERVICES CV 1HE CITY OF C01a1L5 aim10 CMS, 106 1i47 EAT 6F MI. JAN mamma �^ 61)50 DICKER LOCATION MAP SCALE 1•e190Y WAS COWRY 5 mulOEM a ITIS FO N Tui mo8REPAR.SIONAL uta CN 151E 711M10 UNDER W 1:15OSVI40070 Ayl x051 1N6 1NE�—DIN of DN ,,_ AO 2851. 61.11E Ala COMM; NF114411. ,aA Ikma0aA PAOmsioIAL Gla aa1E1a1 J;71721M STATE OF 10V5 COOKY OP N12)60 EPAHA D1RR WA CURD( OF THE OMIT MINT A ANO Fon SAM COYMT, 20 WREN =TOT THAT 1HE 06009'9 IHHORWIE}R 022131 1HE DAY OF . 211._ MI 1i C@OE1gVE OF N MPFIRCATIDIY. WAS RUM FOR RECORD W 1/Y OFFICE IRE OAT OF 20 AT^_ 01C1OC4 ANO DULY RED6ROm 111E DAT qP •N,r _ kr Mum E. 6 TRE ,YO IR VCW11E YAP NZ6RTIG CF SND OOUNIY . PAGE �..r AOiR0NEIIFNDNBFR IVANEs0 w 114017 ARA SFA OF IRE 00191)1 COUNT N ARD RIR SND CV96Y AT OFFICE N CORPUS CI66R, I0)EM 0161(71) 111.19. 744E CAT ANO YEAR MST FAIRER 107. 61411' EDNA PROM Omer =Nu NOEDE9 =MT. 1149 COQ'S 61400 HOTEL AODT[IOH. OLOCN III, LOT 212 SHEET 1 OF 1 -5tiz- 01191HX3 1 Men 12A.1.2 f 1-2-11 M1-11 AC I uleekunver WA152 .14 1 2212, 11 iE pl. Sr RAM /A ME e 1.015 52-57. BLOCK 1 CORPUS BEACH Ma PAM= VOSER PURE PLAN o CITY of CORPUS CHRIST? TEXAS a. tenni of Elf illeeting sem. BM® b num ENCEMEMAN^: Nal le124 The= W- OW= ECNP01 C1 M. a8/ 9!104 m0-1000 i — — ar. HI !I APPLICATION FOR WATER LINE CREDIT I, Lynn Frazier, President of North Beach Holding, LLC, owner and developer of proposed Lot 52A, Block HI, Corpus Beach Hotel Addition, hereby apply for $868.00 credit towards the water lot /acreage fee for the installation of the distribution main waterline as provided for by the City Ordinance No. 17092. $53,839.50 is the construction cost, including 10% Engineering, as shown by the cost supporting documents attached herewith. BY L each Ho ding, LLC THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on cry B 2011, by Lynn Frazier. Notary Public In an • or t ate of Texas CERTIFICATION 1.18A MARIE PAPENFUSB imeTPUoutITME011111/14 011111110111 I Mt 12 -11 -014 The information submitted with this application has been reviewed and determined to be correct and a credit of $ is herewith approved: Director of Engineering Services (Date) (City Engineer) Page 1 of 1 EXHIBIT E -246- APPLICATION FOR WATER DISTRIBUTION MAIN CONSTRUCi1ON & REIMBURSEMENT AGREEMENT I, Lynn Frazier, President of North Beach Holding, LLC, owner and developer of proposed Lot 52A, Block ill, Corpus Beach Hotel Addition, hereby request reimbursement of 526.051.75 for the installation of the water distribution main in conjunction with said Subdivision, as provided for by City Ordinance No. 17092. Said S26.051.75 is the construction cost, including 10% Engineering, in excess of the lot/acreage fee, as shown by the cost of supporting documents attached herewith. B Lyn razier,i2 •sl North Beach Holding, LLC THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 1 * ' F-r ala Lynn Frazier. Notary Public In a d For CERTIFICATION e State of Texas , 2011, by MIME PAPENFUBB NarAMINIUMA ofmua COIIIUI 1 WES: 12 -11 -2011 The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Grid Main Trust Fund; and (b) Appropriation and approval by the City Council. Director of Engineering Services (Date) (City Engineer) Page 1 of 1 EXHIBIT F —247— REIMB REQ EST-2.xls REIMBURSEMENT REQUEST OFFSITE WATER IMPROVEMENTS LOT 52A, BLOCK 111, CORPUS BEACH HOTEL ADDITION ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1 8" C900 PVC PIPE L.F. 695 $22.00 $15,290.00 2 8" X 6" TEE EA. 1 $500.00 $500.00 3 6" 90 DEG BEND EA. 1 $375.00 $375.00 4 6" GATE VALVE EA. 1 $800.00 $800.00 5 FIRE HYDRANT EA. 1 $2,100.00 $2,100.00 6 SWIVEL EA. 1 $450.00 $450.00 7 8" 90 DEG BEND EA. 1 $400.00 $400.00 8 STD. WATERLINE DEF'L LS 1 $2,000.00 $2,000.00 9 TRENCH DEWATERING L.F. 695 $29.00 $20,155.00 10 ASPHALT PAVEMENT REPAIR S.Y. 250 $27.50 $6,875.110 11 TIE TO EXISTING WATERLINES EA. 2 $900.00 $1,800.00 SUB TOTAL $48,945.00 ENGINEERING (10%) $4.894.50 TOTAL $53,839.50 50% IS ELIGIBLE FOR REIMBURSEMENT $26,919.75 CREDIT FOR LOT ACREAGE FEE $868.00 REQUESTED REIMBURSEMENT $26,051.75 EXHIBIT G -248- 314/2011 DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Distribution Main Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and North Beach Holdings, LLC, c/o Magnum Oil Tool International, LLC, 5655 Bear Lane, Suite 100, Corpus Christi, TX, 78405 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on January 19, 2011, to develop a tract of land of approximately 0.59 acre called Corpus Beach Hotel Addition, Block III, Lot 52A, located south of Hotel Place South, between Surfside Boulevard and the Corpus Christi Beach, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is- responsible for construction of Distribution Main Extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of Distribution Main Extension; WHEREAS, it is to the best interest of the City that Distribution Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Section V.B.5.f.)(2) of the Platting Ordinance, authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Distributions Mains Trust Fund and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Distribution Main Extension (Exhibit 2); 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 Distribution Main Extension, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Distribution Main Extension, as shown in Exhibit 3, with the following basic design: 1. Install 695 linear feet of 8 -inch PVC water distribution main line. 2. Install one (1) 6 -inch gate valve with box. EXHIBIT H Page 1 of 7 -249- Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi 3. Install one (1) fire hydrant assembly. b. The Distribution Main Extension must begin at the intersection of Surfside Boulevard and Hotel Place South and extend around Block 111 to Paul Place and connect to the existing 8 -inch lateral at the intersection of Surfside Boulevard and Paul Place. c. The plans and specifications must comply with City Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Distribution Main Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Distribution Main Extension. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 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 for the area of the Distribution Main Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Distribution Main Extension, under the approved plans and specifications, by October 31, 2011. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. EXHIBIT H Page 2 of 7 -250- Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 31, 2011. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; EXHIBIT H Page 3 of 7 -251- Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11 NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. if to the Developer: North Beach Holding, LLC c/o Magnum Oil Tool International, LLC 5655 Bear Lane, Suite 100 Corpus Christi, TX 78405 ATTN: Lynn Frazier 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253. EXHIBIT H Page 4 of 7 -252- Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Distribution Main Extension and the construction of the Distribution Main Extension for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT. a. Subject to the appropriation of funds, the City will reimburse the Developer the reasonable cost of the Distribution Main Extension, not to exceed $26,051.75. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike mariner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City, as a result of an uncured default by the Developer, at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION. DEVELOPER SHALL INDEMNIFY FULLY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, OR AGENTS ( "INDEMNITEES ") FROM, AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION WORKERS COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE DISTRIBUTION MAIN EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Corpus Beach Hotel Addition, Block III, Lot 52A, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by Developer to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. EXHIBIT H Page 5 of 7 -253- Distribution Main Extension Construction and Reimbursement Agreement Between North Beach Holding, LLC and City of Corpus Christi 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this day of , 2011. North Beach Holding, LLC (Owner/ Developer) c/o Magnum Oil Tool International, LLC 5655 Bear Lane, Suite 100 Corpus Christi, TX 78405 By: THE STATE OF TEXAS COUNTY OF Lynn Frazier President This instrument was acknowledged before me on , 2011, by Lynn Frazier, President, North Beach Holding, LLC, Owner /Developer, Corpus Beach Hotel Addition, Block III, Lot 52A Notary Public, State of Texas EXHIBIT H Page 6 of 7 -254- Distribution Main Extension Construction and Reimbursement Agreement Between North Beach. Holding, LLC and City of Corpus Christi CITY OF CORPUS CHRISTI ( "City ") 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa Margie C. Rose City Secretary Interim City Manager THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2011, by Margie C. Rose, Interim City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2011 Deborah W. Brown Assistant City Attorney for the City Attorney EXHIBIT H Page 7 of 7 _255— IS z 15 a a t EI 1110x1 1loop SO EL NOTES tS 1. REQUIREME E TAW T OPRTHE ZONING ORDINANCE AND G5 A SU00EC1 TD CHANGE AS THE =WIG RAE CHARGE SITE i5 CURREPIDY ZONED AT. APARTMENT TOURIST THE SOF !AMINO Is srATE RAO 1263,FROIA NGS STATIOT SR -j jT0.E7rA5. LAMBERT GRID,SGUMI ZONE, 3. A SUBJECT PROPERTY LIES 81111111 2056 V22 FA. 13 11 20NE 422 EL 15 AS SHOWN ON THE FEDERAL EMERGENCY MANASENENT AGENCY (115Iµ) FIA00 INSURANCE RATE RNP (FIRM) OF CORPUS CRETE "WS COMMUNRY A101 PANEL NUMBER 405404 016E C DATED JULY 18, 1855 4. THE Rama WATER FOR THE 01055 WATER RUNOFF FROM TINS PROPERTY 5 THE CORPUS CHRISTI BAY. THE 10X70 HAS CIAOSIRm THE AQ41ATTO LIFE USE FOR THE CORPUS CHRISTI BAY AS-Ms:HONAL" AND 'OYSTER 5A1ER5'. TORP A1.50 OATEOORzEO THE 5005515 CHRSR BAY AS 'CONTACT RECREATION" USE. R. PRNATE ACCESS TO AVENUE A' 5 PROHIBITED. E. rF ANY LOT IS DEVELOPED WITH RESiDFMNL 1)303. OOHPUAICE 5111! THE PURER OPEN SPACE RECUTAI1ON5 WBl WE REQUIRED 055550 THE BIALOING PERMIT PHASE FINAL PIAT CORPUS BEACH HOTEL ADDITION LOT 52A, BLOCK III BEING A REPLAT OF LOTS 02-57. BLOCK III, CORPUS BEACH HOTEL ADDRIGN, A SUBDIVISION OF CORPUS CHRISTI, NUECES COUNTY. TEXAS AS SHOWN ON THE MAP THEREOF RECORDED IN VOLUME 1 AT PAGE 52, MAP RECORDS IIUECES COUNTY, TEXAS; CONTAINING 0.621 ACRES. PREMED Ern BASS & WELSH ENGINEERING 3054 SOUTH ALAMEIDA ST. CORPUS CHRISTI. TEXAS 78404 TEL 301-802-5521 FAX 361-882-1285 FIRM REGISTRATION NC. 100027-00 EINE OF WRNS GOWN EP MUM 4 HON F01281, PFEOIEEEIT OF HORN EF/1H WRONG. 1111 HOER? cowry TEAT MITOI0EASH IiMNn00, 010 5 ON OMER, 005 Of N1 Ir71,, 11*15 HAD 840 IAHO MINIM NN CYREMP0O /5 SHORN MOM FOR THEEF-11441 F�1WF 6016018 111F11051µ50N0 THE OPFWY MINORS5111 PAM �GHI" MWINNRCE 55 5205 05115 AYO 015609. MW THE DA OF . 1011 ISDN 15118)4 RESOOM NATE OF TEAM COMITY OP HJECES THIS TOE THENO TO WOc CHANTLEDGED 50585 HE EY 5.801 FIRMER 1011 NOTNN P06115 N A10 FOR 11E STATE EF TFAA5 3011E 10' iEIAS 000111? OF NUN`{5 TIE FINAL KAT OF TNN REAM DESCRIBED PROPERTY WAS *PROM Of THE PIAINNC OO IMSCH OF TRE CRT ET CORMS warn, Rms. 1116 THE OAT OF 2011 NI ORM TAMItz 6, SIITTYIA ALGA. STATE OF ISM PUNY OF RHFGB THE MAL FAT OF THE 11.94511 DEEMED FOMENT RAS AFPRoTED FT 11(55(0405501! OF OEVpOPEIENT SERHELS OF THE ETT OF HOIMI OMNI. 50EL5, 1044 111E TNT Cr 2011. ,ROT5 poLvs. OEIOLCgFHr SOMEES BIGNEE1 LOCATIONS iV1AP 0CN.5 1 =1900' SONE DF TENN CNINIT Of MRCSS CERTT T1E 5555OFIR 5 FLMMPERES FROR:SSIONAL IMO INS PREPARED RIMS A� (141(540E art THE 0(12 1 MECUM AND IS TRE ANY CORRECT. mummy DATTS, As. RECISTINNI PROS 5ENIAL IAN0 SAYER* JAI! 17 818 STATE OF 'WWI 000014 115505 L PCNAOF NWRBM CLERK OF THE 055111? COURT N AYE FOR ONE 00014TT, DO HERESY =OFT TIT 135 FORRKINO MINIM TINED TIE t11Y OF 20 Z TTM RE PERI rTµ' TE OF AGp1i5 555(555, WAS FILM FOR REEORO 01 KY *NEE 111E EAT OF ANC 1110? I1500R0� TE • wiy 20 AT Ot_ , N. Mom _)L 01 THE fl y 15 TOURS RECORDS OF SAID COUNT C'NIRVFDi RVNBET 1101530 1AT HMO AND SFAL OF THE C00NN' COURT 0A 810 FOR SAID � � LAST CIRi6Ty KERS CWNi, TLT,LS THE OAA NToRRETA COMIEOFS 00 10. 1005 CORPUS BEACH HOTEL ADOTIIOH, 01005 N, LOT 212 SHEET 1 OFI aPPUCATION FOR WATER DISTRIBUTION MAIN CONSTRUCTION & REIMBURSEMENT AGREEMENT 1, Lynn Frazier, President of North Beach Holding, LLC, owner and developer of proposed Lot 52A, Block III, Corpus Beach Hotel Addition, hereby request reimbursement of $26051.75 for the installation of the water distribution main in conjunction with said Subdivision, as provided for by City Ordinance No. 17092. Said S26.051.75 is the construction cost, including 10% Engineering, in excess of the lot /acreage fee, as shown by the cost of supporting documents attached herewith. B Lyn razier, esi North Beach Holding, LLC THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on I T ► S-rckl °J1/ Lynn Frazier. CERTIFICATION e State of Texas ,2011, by USA OUSE PAPENFIRIS 1101MYRIIIKSIAIWIMS 401111111011101111: 12 -1.1 -201'1 The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Grid Main Trust Fund; and (b) Appropriation and approval by the City Council. Director of Engineering Services(Date) (City Engineer) Page 1 of 1 EXHIBIT 2 -257- -89Z-- £ 1191HX3 1 2411 .1 KZ 111116911111. JIMMY AYR 1 h11-11 m IE DIC-AVIIIIDI 4X= IL , R ILEI 1 NSW, !4 L We If 01Ij10 1 1„ I� LOIS 52-571 BLOCK 111 CORPUS BEACH Flares ADGIIICN11 of CORPUS CHRISTI eine r salsa art urc 2211 eonnl In �W �P1'f. RRpe 41/W s,,,,` 2•A-11 YR 1. 11 w I 1 PLANSerr L '; ; ' REIMB REQ EST -2.xls REIMBURSEMENT REQUEST OFFSITE WATER IMPROVEMENTS LOT 52A, BLOCK ID, CORPUS BEACH HOTEL ADDITION ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1 8" C900 PVC PIPE L.F. 695 $22.00 $15,290.00 2 8" X 6" TEE EA. 1 $500.00 $500.00 3 6" 90 DEG BEND EA. 1 $375.00 $375,00 4 6" GATE VALVE EA. 1 $800.00 $600.00 5 FIRE HYDRANT EA. 1 $2,100.00 $2,100.00 6 SWIVEL EA. 1 $450.00 $450.00 7 8" 90 DEG BEND EA. 1 $400.00 $400.00 8 STD. WATERLINE DEF'L LS 1 $2,000.00 $2,000.00 9 TRENCH ❑EVVATERING L.F. 695 $29.00 $20,155.00 10 ASPHALT PAVEMENT REPAIR S.Y. 250 $27.50 $6,875.00 11 TIE TO EXISTING WATERLINES EA. 2 $900.00 $1,800.00 SUB TOTAL $48,945.00 ENGINEERING (10%) $4.894.50 TOTAL $53,839.50 50% IS ELIGIBLE FOR REIMBURSEMENT $28,919.75 CREDIT FOR LOT ACREAGE FEE $868.00 REQUESTED REIMBURSEMENT 526,051,75 EXHIBIT 4 -259- 3/4/2011 AN ORDINANCE APPROPRIATING $26,051.75 FROM THE DISTRIBUTIONS MAIN TRUST FUND, NO. 4030, TO REIMBURSE NORTH BEACH HOLDING, LLC FOR THE INSTALLATION OF 695 LINEAR FEET OF 8 -INCH WATER DISTRIBUTION MAIN, INCLUDING ALL RELATED APPURTENANCES FOR DEVELOPMENT OF CORPUS BEACH HOTEL ADDITION, BLOCK III, LOT 52A„ AS SPECIFIED IN THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $26,051.75 is appropriated from the Distributions Main Trust Fund No. 4030 to reimburse North Beach Holding, LLC for the installation of 695 linear feet of 8 -inch water distribution main, including all related appurtenances for development of Corpus Beach Hotel Addition, Block 111, Lot 52A as specified in the Distribution Main Extension Construction and Reimbursement Agreement; 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 , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form March 31st, 2011. At eborah W. Brow Assistant City Atto For City Attorney H:1 LEG- DIR1Shared \LEGAL- DEV.SVCS12011 Agenda14-12 -11 \Corpus Beach Hotel Addition. Reimbursmt Agreement\3 -10 -11 Appropriation Ordinance.DWBFinal.docx -260- Corpus Christi, Texas day of , 2011 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- DIR1Shared\LEGAL- DEV.SVCS12011 Agenda14- 12- 111Corpus Beach Hotel Addition. Reimbursmt Agreementl3 -10 -11 Appropriation Ordinance.DWBFinal.docx -261- 19 NO ATTACHMENT FOR THIS ITEM 20 NO ATTACHMENT FOR THIS ITEM 21 NO ATTACHMENT FOR THIS ITEM 22 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING - ZONING (City Council Action Date: April 12, 2011) Case No. 0211 -01: April 12, 2011 Acapulco Restaurant: The applicant is requesting a change of zoning from the "R -1B" One - family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of future land use from a low - density residential use to a commercial use. The property to be rezoned is Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive. Staff's Recommendation: Denial of the applicant's request from a change in zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District. Planning Commission's Recommendation: Denial of the applicant's request from a change in zoning from the "R-1B" One - family Dwelling District to the "B -1" Neighborhood Business District, and in lieu thereof, approval of the "R-1B/SP" One- family Dwelling District with a Special Permit and seven (7) conditions. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation. vit4,04 Juan Perales, Jf., P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp@octexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance I- :IPLN- DIRISHAREDI1. PLANNING COMMISSIONI2011 CCIAPR 2011\0211 -01 ACAPULCO RESTAURANT T 14211.01 AGENDA MEMO.DOC —277— CITY COUNCIL ZONING REPORT Case No.: 0211 -01 Tabled from: February 16, 2011 Planning Commission Hearing Date: March 2, 2011 Applicant: Acapulco Restaurant Owner: Mariann Fernandez Representative: Joe L. Garcia Legal Description/Location: Koolside Subdivision, Block 1, Lots 24 and 25, located along the east side of Dorothy Street, approximately 500 feet north of McArdle Road. From: "R -1B" One - family Dwelling District To: "B -1" Neighborhood Business District Area: 0.3 Acres Purpose of Request: Allow for a commercial parking lot to service a restaurant business. Pc 1 et '0 S X, N to M .cn Existing Zoning District Existing Land Use Future Land Use Site "R -1B" One- family Dwelling District Low Density Residential Low Density Residential North "R -1B" One - family Dwelling District Low Density Residential Low Density Residential South "R -1B" One- family Dwelling District Low Density Residential Low Density Residential East `B -1" Neighborhood Business District Commercial Commercial W West "R -1B" One - family Dwelling District Low Density Residential Low Density Residential Area Development Plan: The subject property is located in the Southeast Area Development Plan (ADP) and is planned for a low- density residential use. The proposed change in zoning to the `B -1" Neighborhood Business District is not consistent with the Southeast ADP and the adopted Future Land Use Map. Map No.: 042,036 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "B -1" Neighborhood Business District is to allow for a. commercial parking lot to service a restaurant business. • Transportation and Circulation: The Subject Property fronts upon Dorthy Street a Local Street. However, the subject property is proposed to serve the restaurant which fronts upon Airline Road an "Al" Minor Arterial for inter - neighborhood traffic. The commercial property (Restaurant) will not be allowed to access the local street (Dorthy Street) via a driveway. -278- City Council Zoning Report Case No. 0211 -01 Acapulco Restaurant Page 2 lStreet R.Q.W. T Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation plan Type Traffic Volume 2007 Dorthy Drive 60' R.O.W., 50' paved No Change Residential N/A Airline Road 95' R.O.W., 64' paved No Change "Al" Minor Arterial 23,698 • Relationship to Smart Growth: The proposed rezoning has few positive implications relating to smart growth. The proposed development will cause encroachment into an established residential neighborhood. Only by inheritance of the property within the neighborhood does the project encourage walkable neighborhoods or use a multitude of transportation options. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Southeast Area Development Plan (ADP) slates the subject property for Low - density residential uses. The proposed change in zoning is not consistent with the Southeast ADP and the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan directs to properly locate land uses based on the compatibility, locational needs, and characteristics of each use. While the Comprehensive Plan encourages infill development and the expansion of commercial areas, it requires that the adjacent neighborhoods are protected from any commercial use, specifically objectionable lights, noises, and nuisances. The Comprehensive Plan lends some recommendations should also be designed so that the impacts of automobile intrusion, noise and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between commercial and residential areas. The Southeast ADP states that commercial areas should be studied for impacts on surrounding neighborhoods in the preliminary planning phase. These commercial projects directly adjacent to residents must with have adequate transitioning through the use of other zoning districts, or the use of buffering techniques (landscaping, shielding, etc.). Other techniques for cushioning the difference in zoning intensities would be through the use of larger setbacks, landscaping, or other screening practices. Outside of these potential methods, commercial projects adjacent to residences are discouraged. Plat Status: The subject property is platted. Department Comments: • The property is located in an area designated for low density (single family) residential future land use. Therefore, the parking expansion for a commercial use is not in compliance with the Comprehensive Plan. —279— City Council Zoning Report Case No. 0211 -01 Acapulco Restaurant Page 3 • Only Airline Road is a designated "Al" Minor Arterial and is designed for a more intense traffic flow, however the subject property does not have direct access and must travel through the property to the east (restaurant) to access Airline Road. • The proposed commercial expansion (parking Iot) property is directly adjacent to single family residences. The current off - street parking requirement for a restaurant of 3,032 sq ft. is 30 spaces. The restaurant currently meets the required off - street parking of 30 spaces. • The conceptual site plan submitted does not illustrate what measures outside of a single six (6) foot screening fence and minor landscaping, will be taken to protect the adjacent residences from lights, noise, and other potential nuisances. • The proposed retail commercial project is inappropriate for this location due to the direct proximity and adjacency to single family residences and the non - compliance with the Future Land Use Map. • The potential for a "Special Permit" was discussed, however clue to the neighborhood surrounding the location, proximity to residences, and nature of the proposal, staff is not recommending a "Special Permit." • The further intrusion of commercial uses in the middle of a residential are will prejudice the residences to the south, further deteriorating the fragile construct of this residential neighborhood. • The subject property has been the subject of a previous zoning case 0506 -05. The request was denied by both the Planning Commission and City Council. • A change of zoning would set a precedent for future encroachment of commercial zoning which is not compatible with residential properties as mentioned in the previous 2006 zoning case. Staff's Recommendation: Denial of the change of zoning from the "R-1B" One - family Dwelling District to the "B -1" Neighborhood Business District Planning Commission's Recommendation: Denial of the change of zoning from the "R -1B" One - family Dwelling District to the "B -1" Neighborhood Business District, and in lieu thereof, approval of a Special Permit with the following seven (7) conditions: 1.) Uses: All uses in the "R -1B" One - family Dwelling District with the addition of a commercial parking lot to serve the restaurant use. 2.) Screening: A 7 -foot, solid masonry shall be constructed on all three (3) sides of the parking expansion to screen the parking lot from public view along Dorthy Drive and adjacent residence. 3.) Landscaping: Trees with a minimum of a 1.5" caliper shall be placed at 30 -feet on- center with additional 3 to 5 gallon shrubs between the trees along Dorthy Drive. —280— City Council Zoning Report Case No. 0211 -01 Acapulco Restaurant Page 4 4.) Lighting: Lighting shall be directed away and shielded from adjacent residential properties. 5.) Access: Vehicular access to Dorthy Drive is prohibited. 6.) Dumpsters: No dumpsters /grease traps shall be placed in the proposed parking expansion. 7.) Time Limit: Such a Special Permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all, other conditions. tu cg as CU CU Number of Notices Mailed Total -- 32 within 200' notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 2 (inside notification area); 0 (outside notification area) For 6.16% As of March 30, 2011 Attachments: I. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site -- Future Land Use H:1PLN- DIRISHAREDI1. Planning Commission12011 CC\Apr 2011\0211 -01 Acapulco Restaurant\CC Zoning Report 0211 -01, Acupulco Restaurant (R -1B to B- 1).doc —281— 27 36 LS 37B 40 #11 9R H E 5 SUN-R.16Z MA B: 4 400 WUKEY AD; CASE: 0211-01 1. SUBJECT PROPERTY P/A Subject Property 01/ prepared Department of Deveropmenrs corpus christi Bay 0111,4 4 FfiOPERTY city of CorPus Christi 41%4 4.9,itey gi goCATIM MAP Christi —282— sLJNRt$F MALL. B • 4 CASE: 0211 -01 2. SITE - EXISTING ZONING NOTICE AREA & OWNERSHIP A•1 A-1A A -2 AB AT B-1 B-1A 8.2 B-24 B-3 B-4 B -5 8-6 BD F -R HC Apartment House District Apartment House District Apartment He District Professional Office District Apartment - Tourist District Neighborhood Business Dialect Neighborhood Business District Bayfront Business District Bonier Island Business Dlsbict Business District General Business District Primary Business District Primary Business Care District Corpus Christi Beech Design Dist. Farm Rural District Histor?cal•Cuitural Landmark Preservation Subject Property with 200' Puffer 3-1 1-2 1.3 PL3D R -1A R -1B R -1C R -2 RA RE R -TH 8P T -1A T -1B T -1C 4 Owners within 200' listed on attached ownership table Limited Industrial District Light industrial District Heavy Industrial Dlstrlct Planned Unit Development One family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling District Speck! Penult Travel Trailer Park District Manufactured Home Part Midst Manufactured Home Subdivision District Owners in favor Owners in opposition -283- b/\/V City of Ccapus Chnsti LDR LDR LDR LDR LDR LDR CON! i/SP/8 7 /Len :SRR CASE: 0211-01 3, SITE- EXISTING LAND USE Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Light Industrial Heavy Industrial Public Semi - Public Park Drainage Corridor Conservation/Preservation Water Mep Scale: 1:Z400 -284- AB/SP/87- _; - 1 /S P/8 7 GI Prepared Deoartmenr of Development S ,2011 _sRR ices m it au VAC m CASE: 0211 -01 4. SITE- FUTURE LAND USE Agricultural /Rural Estate Residential Low Density Res, Mac! Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Transportation Plan Exisdng Proposed Expressways savor Arterials - -- - Collectors - - - -• NMI Parkway 000 +++1H Railroad -1-1-H-1- DP DP Tourist Research/Business Park Light Industrial Heavy Industrial Public SemI. Public Park Drainage Corridor Dredge Placement Water Conservatlon/Preservatlon Map Scale: 1 :2,400 \ Gp F.2a .A� t s _ t LOCATION MAP SUBJECT PROPERTY corpus Christi SAY lq City of Corpus Christi —285— MINUTES REGULAR PLANNING COMMLSSION MEETING Council Chambers - City Hall March 2, 2011 5 :30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Arrived at 5:34 p.m.* James Skrobarczyk Johnny R. Martinez Evon J. Kelly *Absent* John C. Tarnez *Left at 8 :17 p.m.* Govind Nadkarni Mark Adame *Leh at 7 :05 p.m.* John Taylor *Left at 7 :05 p.m. * STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode - Macon, Assistant Director, Development Services *Absent* Miguel S. SaIdana, MCP, Senior City Planner Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney *Arrived at 5 :40 p.m. * Ashley Satterfield, Recording Secretary John Bell, Legal Consultant *Arrived at 6 :00 p.m.* Elena Juarez Buentello, Planning Technician *Arrived at 6:25 p.m.* Si usted quiere dirigirse a Ia 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 5:33 p.m. and a quorum was declared. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. Continued Zoning Andrew Dimas, Development Services, presented Continued Zoning Case No. 0211 -01 Acapulco Restaurant and staff recommended denial. a. Case No. 0211 -01 Acapulco Restaurant: A change of zoning from the "R -1B" One- family Dwelling District to the `B -1" Neighborhood Business District resulting in a change of future land use from a low- density residential use to a commercial use. The property to be rezoned is Koolside Subdivision, Block 1, Lots 24 and 25, located along the east side of Dorothy Street, approximately 500 feet north of McArdle Road. Commissioner Skrobarczyk inquired about the age of the Land Use data along Airline Road and Mr. Dimas replied the Future Land Use was generated in the 1990's. Commissioner Tamez suggested a Special Permit and Mr. Dimas stated the lot was non- conforming with the plan and may set precedence. Mr. Saldana added that since the location of the parking lot would fall in the middle of a residential neighborhood; no Special Permit was discussed. A brief discussion was held on a proposed Special Permit. The public hearing was opened. —286— Planning Commission Minutes March 2, 2011 Page 2 Joe Garcia, representative of the applicant, 509 Lawrence, came forward and presented background information on the subject property and existing restaurant. Vice - Chairman Huerta asked what the current seating capacity of the restaurant was and Mr. Garcia responded the restaurant currently holds between 130 to 140 people. Phil Rosenstein, 949 Bobalo, came forward in favor. Jerry Silva, 4801 Arlene, came forward in opposition. Mr. Silva voiced concern about issues such as drainage, clogged pipes, trash and noise. Commissioner Tamez asked Mr. Silva what would he recommend and Mr. Silva answered communication. Commissioner Skrobarczyk commented that the area was transitional and the proposed Unified Development Code could be beneficial to this area. A brief discussion was held on the background of the surrounding properties. Lisa Castillo, 958 Sheppard, came forward in favor. Ms. Castillo works at the Acapulco Restaurant and expressed concern for the customer's safety. Diana Johnson, 3302 Kay, came forward in opposition. Chairman Garza inquired about the grease clogging the pipes and Mr. Garcia responded the pipes had been fixed. Vice - Chairman Huerta inquired about parking space dedicated to the employees and Mr. Garcia responded that no parking is dedicated to the employees. A brief discussion was held on parking issues. The public hearing was closed. Commissioner Skrobarczyk requested the Area Development Plan for the subject area versus the Moore Plaza Area Development Plan and Mr. Sa ldana presented background information for Commissioner Skorbarczyk's request. Commissioner Skrobarczyk commented on the subject area being good for Unified Development Code effort, Commissioner Nadkarni commented on the issues relating to Dorthy Drive. Commissioner Taylor agreed the safety issue with insufficient parking needed to be address. Chairman Garza agreed and recommended no access should be allowed onto Dorthy Drive. Mr. Vardeman suggested relocating the dumpsters and grease traps. Motion to deny the "B -1" Neighborhood Business District, and in Iieu thereof, approve the "R- 1B /SP" One - family Dwelling District with Special Permit with seven (7) conditions was made by Commissioner Taylor and seconded by Commissioner Tamez. Commissioner Adame commented on the detrimental impact this parking Iot would have on the residential area. Commissioner Taylor added the commercial businesses were expanding within the subject area. H:IPLN- DIRISHARHr\I. PLANNING COMMISSION12O11 CC APR261110211411 ACAPULCO RESTAUR P 3.2.11 MINUTES ECC (G11S -04000 —287— Planning Commission Minutes March 2, 2011 Page 3 Vice - Chairman Huerta suggested purchasing two (2) additional lots and rezoning the lots to the `B -1" Neighborhood Business District all the way down. A brief discussion was held on Vice - Chairman Huerta's suggestion. Mr. Dimas added that access onto Dorthy was prohibited by the Driveway Ordinance. Commissioner Skrobarczyk commented on the subject area being a good area to begin the buffer zones from the proposed Unified Development Code. Commissioner Adam suggested a larger tract of land would not have such a detrimental impact on the residential neighborhood. A brief discussion was held on drainage issues and solutions. Vice - Chairman Huerta commented on dedicating parking places for employees and Mr. Saldafia responded that enforcement would be an issue. Chairman Garza requested a roll call vote and the roll was called. Motion passed unanimously with Commissioner Martinez abstained and Commissioner Kelly absent. H:SPLN- DIRLSHAREDIL PLANNING COMMISS1ON5201 I CCIAPR MI110211.01 ACAPULCO RESTAURAOThO.2.11 MINUTES EXC(0211.01).DOC -288- Planning Commission's recommendation Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ACAPULCO RESTAURANT, BY CHANGING THE ZONING MAP IN REFERENCE TO KOOLSIDE SUBDIVISION, BLOCK 1, LOTS 24 & 25, LOCATED 500 FEET NORTH OF MCARDLE ROAD ALONG THE EAST SIDE OF DORTHY DRIVE, FROM THE "R -1B" ONE - FAMILY DWELLING DISTRICT TO THE "R- 1B /SP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT AND SEVEN (7) CONDITIONS, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; 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 Acapulco Restaurant, 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, March 2, 2011, during a meeting of the Planning Commission, and on Tuesday, April 12, 2011, 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, 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 Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive, from the "R -1 B" One - family Dwelling District to the "R-1B/SP" One family Dwelling District with a Special Permit and seven (7) conditions, not resulting in a change of future land use (Zoning Map 042,036) (Exhibit A - "Planning Commission's Recommendation"; Exhibit B- "Applicant's Request "). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1.) Uses: All uses in the "R -1 B" One - family Dwelling District with the addition of a commercial parking lot to serve the restaurant use. H:1LEG- DiR\Shared \LEGAL- DEV.SVCSI2011 Agenda14- 12- 111Acapulco Restaurant103.28.11.No.0211 -01 Ordinance (PC Rec;R -1B to R -1 B- SP).DWBPinal -289- Page 2 of 4 2.) Screening: A 7 -foot, solid masonry shall be constructed on all three (3) sides of the parking expansion to screen the parking lot from public view along Dorthy Drive and adjacent residence. 3.) Landscaping: Trees with a minimum of a 1.5" caliper shall be placed at 30 -feet on- center with additional three (3) to five (5) gallon shrubs between the trees along Dorthy Drive. 4.) Lighting: Lighting shall be directed away and shielded from adjacent residential properties. 5.) Access: Vehicular access to Dorthy Drive is prohibited. 6.) Dumpsters: No dumpsters /grease traps shall be placed in the proposed parking expansion. 7.) Time Limit: Such a Special Permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. 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. 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 H:1 LEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda14- 12- 111Acapulco Restauranl103.28.11.No.0211 -01 Ordinance (PC Rec;R -1 B to R -1 B- SP).DWBFinal —290— Page3of4 regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This ay of , 2011 borah Walther Brown ssistant City Attorney For City Attorney N:1 LEG- DIR\Shared \LEGAL- DEV.SVCS12011 Agenda1412- 111Acapulco Restaurant103.28.11.No.0211 -01 Ordinance (PC Rec;R -1 B to R- 1B- SP).DWBFinal —291— Page 4 of 4 Corpus Christi, Texas day of , 2011 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: 1LEG- DIRISharedlLEGAL- DEV.SVCS\2011 Agenda14-12- 111Acapulco Restaurant103.28.11.No.0211 -01 Ordinance (PC Rec;R -1 B to R- 1B- SP).DWBFinal —292— 36 37B CULLEM 3 1131 18 7. 2 13 KEY AD CASE: 021 1 -01 EXHIBIT A PLANNING COMMISSION'S RECOMMENDATION Carpus ChNadBay 4 SUBJECT PROPERTY FROM: R -IB TO: R-I B/SP ae City of -293- 3 39 1 !.g I walla EMI glikteli 14, 19 1 2 wom 15 14 02 S SU F1;SE MA &* 8 4 400 QA. to $HQPPUI a Vl_ ,✓. CASE: 0211 -01 EXHIBIT B APPLICANT'S REQUEST FROM: R -1 B TO: B-1 ORDINANCE NO. lcrs 4 O 4 All.A lit v SUBJ CT PROPERTY Corpus Christi 8ay af ONJ —294— 23 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: April 12, 2011 A. Public Hearing regarding the City of Corpus Christi's proposed FY2011 -12 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. B. Council discussion and possible recommendations on a list of projects /activities to be funded. ISSUE: The Department of Housing and Urban Development (HUD) regulations; requires as part of the approval process for the FY2008 — FY2012 Consolidated Plan /Citizens Participation Plan two (2) public hearings prior to adoption of the FY2011 -12 CAAP. An initial public hearing was held at the Antonio E. Garcia Education Center on February 10, 2011, the public hearing to be conducted on Tuesday the 12th of April 2011, by the City of Corpus Christi's City Council will satisfy the requirement of the second public hearing. REQUIRED COUNCIL ACTION: Conduct a public hearing by the City of Corpus Christi's City Council regarding the FY 2011 -12 CAAP; with possible recommendations /action of funding for eligible projects /activities. FUTURE COUNCIL ACTION: Adoption of the FY2011 -12 CARP on April 26, 2011. RECOMMENDATION: A brief presentation will be made to the City Council at the opening of the public hearing with staff presenting an outline of the FY2011 -12 CAAP with staffs recommended projects. At the conclusion of the public hearing, the City Council may at their discretion, discuss any and all recommendations and provide direction on the projects /activities to be funded under the FY2011 -12 CAAP. Eddie Ortega Neighborhood Services Director Eddieoacctexas.com 361.826.3234 BACKGROUND INFORMATION The City of Corpus Christi has not currently received official notification from the U.S. Department of Housing and Urban Development (HUD) regarding the FY2011 -12 allocation for the following programs. For purposes of planning for the FY 2011 -12 CAAP, the Community Development Division of the Neighborhood Services Department is projecting funding levels as anticipated funding only; which could be subject to change when official notification is received by HUD. $3,240,000 Community Development Block Grant (CDBG) $1,485,000 HOME Investment Partnerships (HOME) $150,000 Emergency Shelter Grants (ESG) An additional $700,000 generated from the Revolving Rehabilitation Loan Program will be made available to the CDBG Program for the continued funding of that program. Additional funding in the amount of $1 66,424 recaptured from previously funded projects that were unspent have been made available to be reprogrammed to augment funding levels for the upcoming FY 201 1 -12 CDBG Program allocations; for an estimated funding level of $4,106,424. Since 1975 the City of Corpus Christi has received funding from HUD for its CDBG Programs in excess of 165.4 million, of which approximately $16 2 million has been income generated by various programs administered by the Community Development Division of the Neighborhood Services Department. The HOME Program is anticipated to have available $1,485,000 as an estimated funding level from entitlement funds to be received, with an additional $700,000 being made available for re- programming from previously funded recaptured program funds for an estimated available funding amount of $2,255,000 for the FY 2011 -12 Budget Year. The HOME Program was initiated in 1992 with the mandate to increase and improve affordable housing opportunities; HOME funds totaling $31.5 million have been utilized to fund Rental and Home Ownership programs in addition to the rehabilitation and reconstruction of affordable housing within the City of Corpus Christi. Of the $31.5 million in HOME funding, approximately $2 1 million of those funds have been made available from previous loans as generated program income; these funds have been utilized to augment available funding. The ESG Program is anticipated to receive an estimated funding level of $1 50,000 for FY 2011- 12. The intent of ESG Program funding is to provide funding to providers of Homeless services to defray the cost of operations and maintenance of local Emergency Shelters in addition to providing funding for rehabilitation, counseling, training and other essential Homeless prevention activities. Commencing in 1987, the City of Corpus Christi has received in excess of $2.95 million in fielding for ESG services. Public Hearings/Citizen Participation Process A Public Hearing was conducted on February 10, 2011 at the Antonio E. Garcia Education Center located at 2021 Agnes, additionally; the Community Development Division of the Neighborhood Services Department conducted three (3) Technical Assistance Workshops for potential applicants. The City of Corpus Christi'fflty Council meeting scheduled for April 12, 2001, as part of their regular Agenda, will conduct a Public Hearing on the proposed FY 2011 -12 CAAP. At the conclusion of the Public Hearing, the City Council will have the opportunity to discuss and present recommendations on the list of proposed projects /activities of the FY 2011- 12 CAAP. Adoption of the FY 2011 -12 CAAP will be presented at the next City Council meeting scheduled for April 26, 2011. The FY 2011 -12 CAAP will be published on May 1, 2011, this will initiate a thirty (30) day comment period for citizens of Corpus Christi to review and provide comments prior to the submission of the FY 2011 -12 CAAP to the Department of Housing and Urban Development on June 14, 2011. ATTACHMENT D —299— REV 03/31/11 ATTACHMENT "D" CITY OF CORPUS CHRISTI FY2011 CONSOLIDATED ANNUAL ACTION PLAN RECOMMENDED FY2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FY2011 CDBG Allocation (ESTIMATED) $3,240,000 Reprogrammed Funds $1 FY2011 CDBG Subtotal (ESTIMATED) 6fi,424 Program Income from Rehabilitation Program (REVOLVING FUND) TOTAL FUNDS AVAILABLE FOR FY2011 CDBG PROGRAM $3,406,424 $700,000 $4,106,424 1 Accessible Routes in CDBG Residential Areas Phase 2 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but heavy pedestrian traffic. This project will provide approximately 5140 linear feet of 4 to 5 foot wide sidewalks and approximately 20 curb ramps along the following streets: Wilson LanelWestland Dr to Bartlett Dr. 1610 LF, Yerby Circle /Entire Street both sides 900 LF. Flour Bluff Drive /SPID to Sun Bird St 2630 LF. Current Funding $100,000 1 $247,108 $100,000 Accessible Routes in the ManshiemlSunnybrook Residential Areas This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but have neighborhood pedestrian traffic. This project will provide approximately 9690 linear foot of 4 foot wide sidewalks and approximately 28 curb ramps along the following streets and other areas with curbs but no curb ramps: 1. Archer street both sides 1440 LF, 2. Blundell Street both sides 1740 LF, 3. Cheryl Street Both Street 1440 LF 4. Dodd St 1740 LF, Viola St and Florence St both sides 3330 LF. In this neighborhood the majority of the streets have be rehabilitated with sidewalk installation. These 5 street locations are the only remaining streets that do not have accessible sidewalks. This project would complete the pedestrian accessibility needs with the exception of Sunnybrook which will be completed as total street rehabilitation in the near future. 8 $509,430 ADA Improvements in CDBG Areas This grant request addresses accessibility along arterial and collector streets in CDBG areas. These streets do not have curb ramps which cause architectural barriers that result in pedestrians having to use the street to travel. This is unsafe for our citizens as per the American's with Disabilities Act, these barriers must be removed as soon as possible. This project scope is design and build curb ramps at all intersecting streets on Gollihar from Kostoryz to Weber (approximately 16 curb ramps), and on Tiger Lane /Corona Street from Carroll Lane to Everhart Road (approximately 18 curb ramps). This project will include addressing accessibility to these pedestrian routes from intersecting streets and any non - compliant curb ramps that may exist. This project will construct approximately 34 curb ramps along these two routes which will cost about 193, 732 Total Project Cost. The design for this project is currently being prepared by CH2MHill with funds from the ADA Improvements Bond 2008, The design will be shovel ready when the CDBG FY2011 funds are available. 13 $170,544 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Continuum of Care 4 (COFC) and the Homeless Prevention and Rapid Rehousing Program (HPRP). Staff interprets CDBG, HOME, ESG, COFC and HPRP federal regulations, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors Subrecipients, provides technical assistance, conducts environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate requirements. Current Funding $441,065 17 $433,918 $431,624 Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous 5 weeds. The abatement of unsightly and unsanitary matter in all CDBG eligible areas to include Neighborhood Initiative Program Areas and Model Block. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Current Funding $200,000 21 $200,000 $200,000 -1300- —Z 01— . - ®® $ _ �S'"�� � Block Programs (MBP) is included a total of for education Training opportunities the NIP and MBP. The Code Enforcement Target Areas for violations The Zoning coordinate City Services The sustainability efforts compliance; inspection oversees all and the Zoning & Code Enforcement Division. the City of Corpus efforts for NIP Sites. (6.5 YrA# .. - :r - 27 a. 3'` "` -, .ate. '"' .. _ ten:' 6 Code Enforcement Program The Code Enforcement, Neighborhood Initiative (NIP) & Model request is for salaries to support the current staff. In this amount $13,000 for training through classes, seminars and /or conferences opportunities and for certifications required for code enforcement. will also be essential for staff to accomplish the goals of both Property Advisors and Zoning Project Coordinators (both have duties) are responsible for inspecting properties within CDBG of approximately seventy five (75) City Code and Health Ordinances. project Coordinators implement a comprehensive approach to and programs to address specific needs of each neighborhood. for these neighborhoods need continued monitoring and citizen are conducted on particular code violations. The Program Administrator revitalization efforts for the Mode! Block Program and the implementation sustainability efforts for the Neighborhood Initiative Program; Enforcement Administrator oversees all functions of the Code These programs support the City Council's objective of enhancing Christi "Pride" efforts through revitalization and sustainability Staff Members ©$1,000.00= 6,500.00). Current Funding $350,000 $372,722 $350,000 7 Comprehensive Planning Assistance Comprehensive Planning includes development of City Area Development Plans, Master Plans and plan implementation programs required by City Charter . Comprehensive Planning also encompasses work related assessments for capital improvement planning, annexation disannexation, and coastal management including Beachfront Construction Certificates and Dune Protection Permits. The Planning Division also reviews new subdivisions, rezonings and site plans for compliance with the City's adopted Comprehensive Plan. Current Funding $50,000 31 $50,000 $50,000 8 Demolition Program This program consists of demolition of substandard structures determined to be health and safety issues 51% or more deterioration of the general stnicture. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each Structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The Substandard structures were demolished under the following: Building Standards Board, Emergency Demolitions and Demolition Grant program. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Current Funding $200,000 33 $200,000 $200,000 9 Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for based paint remedial activities. Work is limited to roof repairs, plumbing electrical, heating, minor structural repairs, and lead based paint remedial activities required by HUD regulations on houses built prior to 1978. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are provided to low income homeowners who are 65 years old or older or disabled. and income. Work is limited to roof repairs, plumbing, electrical, heating and minor structural. Requesting $660,000 to assist approximately 60 homeowners. Current Funding $241,000 43 $660,000 $200,000 10 Ethel Eyerly Senior Center Remodeling of the restrooms in the center to increase the number of stalls in each restroom by adding a building addition. This install would allow the restroom to be upgraded to full ADA accessibility standards and would help handle to heavy customer usage. Additional office space and a storage room for the center with the increased usage at the center. 2. New HVAC systems are needed for the building. The HVAC is at the end of its service life and needs replacement 3 HVAC Units, a 7.5 ton and 2 -10 ton units Outside and Inside equipment. 3. The exterior entrance way to the building has a tile fascia and the weather has taken a toll. Repair and /or redesign is needed. This area will be affected by the addition to the building and would need to be addressed as part of the Restroom and office space expansion. 44 $288,750 —Z 01— 11 .r" t _ °4' "9$gY" 4? ti, . .k,G. ' }'=ds4� s„ „ 3�'.,` } $$^ $i"ki M�,?? R �¢�`x " j F '�. u 1 Sz4z 4A, Xii ,[, t'0. �!. ! *`? `344 Y' T-k L 'Y f .�` ` _' dd yy T Greenwood Pool Renovation Project This project is to make improvements to the pool and its surrounding. Due to the age of the pool and the environments replacement of the fencing surrounding the pool is needed. The fence is to control access and to restrict entrance when the pool is closed and Lifeguard personnel are not on site.850 linear feet of fencing is to replaced. The Decking of the pools have moved and settled due to the soils in the area and there are now trip hazards and toe stubbing unevenness between the deck sections and the edge of the pool shell. New life guard stands are needed as part of the renovations to replace of the old stands several that are wooden. New Chlorination equipment is needed to replace old with equipment that is more efficient and easier to operate and maintain. 3 tai ` 1 g x_ 46 F; ,S iAh 4£ �,, : ;:i t �'� �gg =x.43 $208,508 Ly: `" k �."_ _ i k'"'x...S . _ [, e Joe Garza Pool Renovation Project This project is to make improvements to the pool and its surrounding. Due to the age of the pools and the environment replacement of the fencing is needed. The fence is to control access and to restrict entrance when the pool is closed and Lifeguard personnel 12 are not on site. The decking of the pools have moved and settled due to the soils in the area and there are now trip hazards and toe stubbing unevenness between deck sections and the edge of the pool shell. New life guard stands are needed as part of the renovation to replace old stands several that are wooden. New Chlorination equipment is needed to replace old equipment with equipment that is more efficient and easier to operate and maintain. 48 $72 436 Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. This section manages the servicing of all loans provided through the Single Family Rehabilitation Loam Program. Services includes collection loan payments; escrowing of insurance and 13 property taxes; paying of insurance and property taxes; providing Tax Form 1098; preparing end of year escrow analysis ; daily posting of payments; and providing release of liens on loans that are paid off. Increases in self Insurance and Group Insurance have been worked into this budget request. Current Funding $81,000 50 $80,000 $80,000 MBP -Phase II Brownlee Hardscape Improvement Project Phase ll would encompass the completion of the S. Brownlee Blvd Hardscape from Hancock St to Morgan Ave which is a total of three blocks, This project is part of the 14 revitalization efforts for the Model Block Program neighborhood. This has been identified as a safety issue due to the fact that residents walk on this side of the street and are sometimes forced to walk on the street due to unkempt property. In addition, the Hardscape's design is giving the neighborhood a wonderful piece of artwork and a positive identity. 52 $391,193 Neighborhood Initiative Program & Model Biock(s) Revitalization Project This project would support the Model Block Program (MBP) Site #1: support the commencement of Model Block Program Site #2 and the continued support would be essential to "Special Projects" in Neighborhood Initiative Program (N.I. P) sites that are in the CDBG Target areas. Special Projects such as , but not limited to, neighborhood clean up campaigns, materials for "do -it- yourself' repairs, and other improvement projects will be conducted to provide continuous efforts to prevent neighborhood 15 deterioration and sustainability efforts. Demolitions of substandard structures and clearance of properties and construction of public improvements are also a priority in order to eliminate slums and blight in the NIP Sites. Neighborhood planning will also work in conjunction with short -term and long -term projects to help eliminate or reduce further housing and neighborhood deterioration. Short term projects will include minor or major repairs for homeowners; long -term planning will be a direct benefit for aiding sites and Model Block Program Sites and will assist in eliminating blight, beautifying neighborhoods and creating a positive identity for the neighborhoods. Current Funding $100,000 61 $100,000 $100,000 Oak Park Recreation Center Installation on a new central heating and air conditioning system. The present unit is at the end of its useful life . Replacement would allow the center to operate at a comfortable 16 temperature for both their after school programs and for their summer daytime programs. In addition, a new unit would be more efficient and would reduce the energy cost to the department. 1 -5 ton HVAC and 2 -3 ton HVAC units. Also, this project entails adding ADA sidewalks. 77 $509,430 -302- 17 Oak Park Basketball Pavillon and Court A new full court basketball slab with goals and a roof system to cover the court for use in wet weather and protect users for sun exposure. This will provide a place to play during wet weather periods. This basketball facility can be used by the neighborhood and the recreation programs that are operated out of this facility both after school and during the summer 79 $265,575 Rehabilitation Services This is the operating budget for staff that service the various housing programs included are staff salaries. Staff provides services for the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; $5,000 Homebuyer Programs; Support services for the 4A Affordable Housing Program ,Corpus Christi Community 18 Development Corporation and Nueces County Community Action Agency homebuyer program. Staff services include loan counseling, Homebuyer Educational Classes, developing project specifications, project management, and estimating project cost . Requesting $740,000 for FY 11 -12. increases over last year's funding is due to new federal regulations requiring licensing of loan processors as loan originators requiring mandatory training; increase in self insurance, group insurance, and in- direct costs. Current Funding $647,000 81 $666,410 $647,000 Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The 19 purpose of this request to allocate CDBG funds to bear the residents' share of installation of costs in qualified CDBG eligible tracts. The City of Corpus Christi will still bear the expense of the City's share of the installation costs (which may range from 0% to 100 %). Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in obtaining the residents' share of the cost. Current Funding $17,000 85 $25,000 $10,000 RTA Bus Stop Landing Pads and Accessible Routes In CDBG Areas Category 3 This project will construct 9 ADA compliant bus stop landing pads in CDBG Areas. These existing bus stops have been prioritized by the RTA by evaluating ridership and trip generators. These bus stops are in areas of low income and have very high ridership 20 and they provide connectivity to all areas of the city. This project will be a continuation of the project that was awarded in FY09 and will be matched by RTA funds and City Bond 2008 ADA Improvement finds. This project will provide the bus stop landing pad and the accessible path to the nearest intersection including the curb ramps at the intersection. Levegared with RTA Funding $100,000 87 $267,806 Single Family Rehabilitation Loan Program The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide loans; demolition; relocation of homeowners being assisted with the 21 reconstruction of their homes; and to pay for lead base paint remedial activities in order t comply with HUD regulations. The funds provided for demolition, relocation, and lead base paint activities are provided as a grant to the homeowner. Requesting funds for loans, relocation, demolition and lead based paint remedial activities (may include work and testing. We estimate being able to assist six (6) for demolition/reconstruction and five (5) homeowners for rehabilitation. Current Funding $600,000 94 $700,000 $700,000 -4303- 23 Q ' k.. ' 95 $539,300 ':I 4 e Southmoreland Addition Area Street Improvements Part4 This project is a neighborhood improvement project. This low income residential area is in great need of street improvements and pedestrian amenities which are non - existent. This project will provide accessibility, underground storm water drainage, and upgraded utilities as well as improve the quality of life for the residents. This project consists of construction of a 28 foot back to back street pavement , curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 38 & 4B . Part 4 is the fourth portion of the project to be constructed. Part 1 has been constructed and Part 2 is being constructed currently. This project plans which are complete and ready for construction. Leveraged with Utility Funding $361,900 24 Southmoreland Addition Area Street improvements 3B-4B - Part 5 The project is a neighborhood improvement project. This low income residential area is in great need of street improvements and pedestrian amenities which are non - existent. The project will provide accessibility, underground storm water drainage, and upgraded utilities as well as improve the quality of life for the residents. The project consist of construction of a 28 foot back to back street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 36 & 4B. Part 5 is the final portion of the project to be constructed. Part 1 has been constructed and Part 2 is being currently constructed. Project plans are complete and ready for construction. Leveraged with Utility Funding $336,400; Current Funding $359,000 101 $657,100 25 T.C. Ayers Pool Renovations Project Ramp and hand rail to allow ADA accessible access to the shade structure area of the pool decking. Due to the age of the pool and the environment replacement of the fencing surrounding the pool is needed. The Decking of the pools have moved and settled due to the soils in the area and there are now trip hazards and toe stubbing unevenness between deck sections and the edge of the pool shell. New life guard stands are needed are part of the renovation to replace the old stands several that are wooden. New Chlorination equipment is needed to replace old equipment with equipment that is more efficient and easier to operate and maintain. 107 $91,612 26 Unified Development Code The unified Development Code (UDC) is a document which consolidates the City's Zoning Ordinance, Platting Ordinance, and developmental regulations into a single document rather than multiple, potentially conflicting ordinances, directly and indirectly affecting the health, safety and welfare of the City. The current Zoning and Platting Ordinances are outdated and are difficult to read and understand by the public. The purpose of the UDC is to: provide a uniform and updated set of consistent definitions, rules and regulations; enhance readability and bring clarity to the development regulations; use procedures that follow the normal sequence of development; and provide a coordinated system for development review and enforcement. 109 $50,000 income 27 installation repair Weatherization Assistance Program This project will help weatherize 25 housing units at $6,500 per unit for low and moderate households for a total request of $162,500. The process entails conducting an energy audit which is a review of the home's energy efficiency level. This will indicate where air leaks may be occurring and the identification of inefficient appliances, etc. The of weatherization measures would be to increase the energy efficiency of the home. The structure must be able to benefit from being weatherized. The weatherization work may consists but not limited to caulking; weather- stripping; adding ceiling wall and floor insulation; patching holes in the residential unit; duct work and or replacement of energy inefficient heating and cooling systems. 111 $162,500 TOTAL CITY PROJECTS $7,919,342 $3,068,624 -804- 28 4 ri' . • 113 ' �s' 3_ 2r 5K Amistad Community Health Center Amistad Community Health Center located at 1533 S. Brownlee Blvd. is requesting funding to renovate a portion of the first floor space of our building to accommodate 6 additional patient exam rooms for adult primary health care services. Amistad Community Health Center serves a primarily low- income, uninsured, and medically underserved population, and these additional exam rooms would allow Amistad to expand services to additional adult patient. $192,500 29 Boys and Girls Club of Corpus Christi Complete the two parking lots at the North and South ends of the Sports Complex located at 3902 Greenwood Drive. Express Soccer is played at the South and Kickball at the north of the complex. The parking lots were begun 2003 as part of Phase 1 of development. 138 $100,000 $50,000 30 Cfi:ff Maus Village Trust Replace the cast iron interior plumbing in the over 40 year old project located at 1458 West Point Road. The old plumbing breaks causing leaks, flooding and a health hazard, to an already compromised population. Capital Contribution $5,000 156 $250,000 31 Coastal Bend Alcohol & Drug Rehabilitation Center dlb /a! Charlie's Place In order the provide state mandated structured activities to clients in substance abuse treatment, Charlie's Place request located at 5501 IH 37 @ Mc Bride Lane funds to replace the old leaking roof. Patched many times, the roof continues to leak and must now be replaced to prevent further damage to the building. The area is approximately 20,678 sq ft. Capita! Contribution $1,000 178 $67,100 $67,100 32 Coastal Bend Center for independent Living The project shall provide barrier removal to include building wheelchair ramps and home modifications for individuals with disabilities 206 $105,000 $105,000 33 Corpus Christi Hope House Replace all exterior fencing and gates: installation of two energy efficient water heaters; repair trim and drywall, paint interior and exterior of Resource Center; replace doors, trim, drywall and paint shelter at 630 Robinson Street. This will benefit up to 30 homeless women and children daily. Capital Contribution $9,300 233 $52,700 $52,700 34 Corpus Christi Metro Ministries The project entails re- roofing the buildings located at 1919 Leopard St., which provides programs for Rustic House, Gabbard Clinic and Vineyard Social & Employment services. Capital Contribution $2,500 259 $30,000 $30,000 35 Del Mar College /Business Resource Center Small business counseling & training assistance at the facility located at 3209 S. Staples; assistance with job creation/retention opportunities for Low to Moderate Income (LMI) & Section 3 persons/business, provide outreach /marketing efforts to better reach LMJ'S. Capital Contribution $149,939 280 $200,000 $175,000 36 Glenoak Apts Interior Cabinetry Upgrades With the property well over 30 years old, the interior cabinets have aged and are in need of replacement. If awarded, funds will be used to replace the kitchen and bathroom cabinets in 68 units located at 711 Glenoak all of which benefit families at or below 50% of area median income. Capital Contribution $50,000 300 $175,000 37 Gonzalez Foundation, Inc. This project will provide funding for existing roof replacement at the Gonzalez Education and Recreation Center Bldg. located at 702 S. Brownlee Blvd. Corpus Christi, 78401. 325 $98,000 $98,000 38 Mental Health Mental Retardation Center of Nueces County Remove and replace the old damaged, leaking and energy inefficient windows at 1546 S. Brownlee (front and side windows of the building). Capital Contribution $5,000 352 $199,500 $100,000 -605- 39 376 $257,659 $80,000 Mother Teresa Shelter, Inc. For the renovation of a public Transitional Housing that will provide housing for 24 individual men for a period of 18 -24 months. In addition, the facility will provide critical supportive services needed for re -entry into the community. Capital Contribution $656,279 40 Neighborhood Centers of Corpus Christi, Inc. The security /landscaping project for the Marguerite Neighborhood Center located at 18th & Marguerite is to complete the ongoing construction project of this center which was demolished in order to widen the area residential streets and update the infrastructures of this low economic status neighborhood. This project will provide security to the child care facility and its children and beautify the developing project while at the same time meeting the various codes and regulations. Capital Contribution $5,000 414 $43,000 42 Nueces County Community Action!Weatherization /Minor Home Repair Twenty Seven (27) yery low income homes will be targeted for minor home repairs and weatherization making home more energy efficient. Capital Contribution $2,218,209 440 $80,000 $80,000 43 Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income , disabled and /or elderly homeowners in Corpus Christi. 464 $50,000 $50,000 44 Universal Little League Would like to provide adequate sidewalks to enable the spectators with disabilities to safely and comfortably walk or use mechanical equipment to support their family at their facility located at 4035 Greenwood Drive. Shaded bleachers with ADA area to protect 484 $71,000 $50,000 45 to Wesley Community Center Our current outdated air conditioning and heating systems are in dire need of upgrading energy efficient units at their facility located at 4015 MacArthur. 502 $100,000 $50,000 46 lighting includes Westside Business Association This project aims to increase security and safety measures at the Antonio E. Garcia Arts & Education Center located at 2021 Agnes. The proposal includes steps to improve and the installation of security cameras and gates for parking entrances. It also a fence for the Garcia Park. 524 $100,000 $50,000 TOTAL NONPROFIT $2,171,459 $1,037,800 $0 TOTAL CITY PROJECTS $7,919,342 $3,068,624 $0 TOTAL CDBG PROGRAM $10,090,801 $4,106,424 $0 _$06- -6307- AVARICE, Inc. Construction of new (4000 sq ft) facility, The Berta Gonzalez Education Center, to conduct program services for low income, at risk families. Phase II to include landscaping, security system, fire protection, etc. REASON: Does not meet the imposed CDBG guidelines prohibiting proposed projects to come back to the CDBG program for additional funding for the same project. CDBG funding was provided to AVANCE, Inc. for new construction in FY2010 $66,080 Collier Pool Renovation Project This project is to make improvements to the pool and its surrounding. Due to the age of the pools and the environment replacement of the fencing is needed. The fence is to control access and to restrict entrance when the pool is closed and Lifeguard personnel are not on site. The decking of the pools have moved and settled due to the soils in the area and there are now trip hazards and toe stubbing unevenness between deck sections and the edge of the pool shell. New life guard stands are needed as part of the renovation to replace old stands several that are wooden. New Chlorination equipment is needed to replace old equipment with equipment that is more efficient and easier to operate and maintain. REASON: Does not meet a CDBG National Objective $307,350 41 Nueces County Children's Advocacy Center To improve the condition of the parking lot to be used for victims of child abuse and their protective family members and our multidisciplinary team located at 409 S. Staples. REASON: Agency could not adhere to the CDBG requirement regarding site control; agency ownership or a 15 -year long term lease is required. $100,000 Parker Pool Renovations This project is to make improvements to the pool and its surrounding. Due to the age of the pools and the environment replacement of the fencing is needed. The fence is to control access and to restrict entrance when the pool is closed and Lifeguard personnel are not on site. The decking of the pools have moved and settled due to the soils in the area and there are now trip hazards and toe stubbing unevenness between deck sections and the edge of the pool shell. New life guard stands are needed as part of the renovation to replace old stands several that are wooden. New Chlorination equipment is needed to replace old equipment with equipment that is more efficient and easier to operate and maintain. REASON: Does not meet a CDBG National Objective $411,987 35 The Deaf and Hard of Hearing Center In a 27 year old building, The Deaf Center located at 5151 McArdle Road is now in need of a variety of rehabilitation activities ensure the health and safety of the disabled clients that we serve. The project will include re -grade exterior of building, repave parking lot, replace roof systems, seal exterior joints, replace partitions, upgrade electrical outlets, rehabilitate bathroom fixtures, repaint interior and rehabilitate flooring. REASON: City Owned Building, Lease Agreement Amendment states Leasee shall be responsible for all costs of maintenance. $106,617 in Weed and Seed in the 78415 Area Weed and Seed is a Comprehensive Crime Prevention Program for the 78415 Zip Code area. This funding is needed for the budget year staring August 1, 2011. This will start a Weed and Seed Program in the 78415 area of town. This project is to help reduce crime an area of town and bring in improvements to help sustain the reduction in crime. In addition to crime prevention and control, there are intervention programs to curb youth and family exposure to drugs and alcohol abuse, bullying and violence. Recreational programs situations will be offered to approximately 2,000 participants in the area, REASON: Does not meet a CDBG National Objective $200,000 -6307- West Guth Pool Renovation Project This project is to make improvements to the pool and its surrounding. Due to the age of the pools and the environment replacement of the fencing is needed. The fence is to control access and to restrict entrance when the pool is dosed and Lifeguard personnel are not on site. The decking of the pools have moved and settled due to the soils in the area and there are now trip hazards and toe stubbing unevenness between deck sections and the edge of the pool shell. New fife guard stands are needed as part of the renovation to replace old stands several that are wooden. New Chlorination equipment is needed to replace old equipment with equipment that is more efficient and easier to operate and maintain. REASON: Does not meet a CDSG National Objective $80,337 -208- ATTACHMENT "D" RECOMMENDED FY2011 EMERGENCY SHELTER GRANT (ESG) PROGRAM FY2011 ESG Allocation ESTIMATED $150 000 1 Catholic Charities of Corpus Christi Provision of Homeless Prevention including short term subsidies, security deposits or lst month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Current Funding $12,000 551 $25,000 $13,750 2 City of Corpus Christi - ESG Administrative Cost * Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management information System (HMIS). HMIS is a Mandated database for those agencies receiving ESG, Homeless Prevention & Rapid Rehousing Program and Continuum of Care Grant Program Funds. Current Funding $7,445 570 $7,500 $7,500 3 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $12,000 571 $36, 000 $13,750 4 Corpus Christi Hope House Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short term subsidies, security deposits or lst month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $12,000 592 $25,000 $13,750 5 Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $30,000 621 $89,000 $30, 000 6 Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $12,000 649 $21,000 $13,750 -1309- 7 Recovery Contacts, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $4,684 668 $77,034 $10,000 8 The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $20,000 680 $50,000 $20,000 9 Wesley Community Center Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $12,000 708 $24,600 $13,750 10 Women's Shelter of South Texas Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent, insurance, utilities and furnishings. 724 $30,000 $13,750 ESG PROGRAM TOTAL $385,134 $150,000 $0 • ESG administration (5 %) proportionately increases or decreases in alignment with the entitlement allocation -210- ATTACHMENT "D" RECOMMENDED FY2011 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FY2011 HOME Allocation (ESTIMATED) $1,485,000 Reprogrammed Funds (Corpus Christi Community Development Corporation) $770,000 TOTAL FUNDS AVAILABLE FOR FY2011 HOME PROGRAM $2,255,000 CCCICICCHFC * Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. Current Funding $100,000 756 $100,000 $100,000 2 Home Administration/Technical Assistance** Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping /reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. Current Funding $177,551 757 $148,500 $148,500 3 Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. Current Funding $550,000 759 $705,000 $705,000 SUBRECIPIENTS /OTHER ENTITIES 4 Dolphin's Landing Atlantic Housing is looking to acquire and substantially rehabilitate a 218 -unit apartment complex known as Dolphin's Landing located at 6402 Weber Road Corpus Christi, Texas 78413. Total Project Cost $22,428,915 761 $981,000 5 Lexington Vista Fifty Five (55) or older independent living apartment complex will contain 100 units targeting 30 %, 50 %, 60% AMI Tenants. Total Project Cost $13,625,462 801 $1,000,000 6 Palm Gardens One hundred fifty six (156) Multifamily apartment complex targeted to tenants at 30 %,50 %,and 60% AMI. HOME funds will be leveraged with Tax Credits Administered by TDHCA. Total Project Cost $19,852,895 839 $1,000,000 7 The Trails at Nodding Pines is a proposed 88 units multifamily affordable community serving families earning 60% or less of the area median income. The development will consist of two and three bedroom units situated among 5 acres with lush landscaping a clubhouse, a pool, and host of community amenities. Total Project Cost $11,600,000 876 $1,000,000 8 Wesley Community Center Plans to renovate the former convent area of the facility as permanent housing for homeless women with young children moving from transitional and emergency shelters. 934 $150,000 $150,000 CCCIC COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) * ** 9 Nueces County Community Action Agency(NCCAA)- HOME Revolving fund To structure a perpetuating source of working capital to develop affordable housing projects in the community. All projects will target households at 80% or below the AMI. Funds will be used for property acquisition, interim financing and/or resident lending. 965 $300,000 $286,500 10 The Palms at Leopard This project will be a new construction 120 unit multifamily development on +1- 8.23 acres. The development will be financed primarily through LIHTC funding, with private debt and HOME funds through the City of Corpus Christi. While the development will be open to families at 30 %, 50 %, and 60% of AMI it is anticipated that this development will replace North side Manor, which has become a substandard property for the residents of that development. Total Project Cost $15,951,176 1005 $865,000 $865,000 CHDO TOTAL $1,165,000 $1,151,500 SUBRECIPJENTSIOTHER ENTITIES TOTAL $4,131,000 $150,000 CCCIC INTERDEPARTMENT TOTAL $953,500 $953,500 HOME PROGRAM TOTAL $6,249,500 $2,255,000 $0 * Subrecipients /Other Entities /CHDOs are contracted through the Corpus Christi Community Improvement Corporation ( CCCIC) or the Corpus Christi Housing Finance Corporation " HOME administration (10 %) proportionately increases or decreases in alignment with the entitlement allocation **" Community Housing Development Organizations ( CHDOs) - The City of Corpus Christi must set aside, by HOME program federal regulations, a minimum of 15% or $222,750 of the entitlement for use by CHDOs within a 24 -month period which is an estimated total. This amount proportionately increases or decreases in alignment with the entitlement allocation. -5 1 2 - 24 AGENDA MEMORANDUM Date: April 12, 2011 SUBJECT: Up River Road from Rand Morgan Road to H 37 (inside .City limits only) (BOND ISSUE 2008) Project No. 64961 CIP No. ST 35 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $3,817,209 for Up River Road improvements from IH 37 exit near Rand Morgan Road to IH 37 exit near Crosstown Expressway (inside City limits only) for the Base Bid and Additive Alternate Nos. 1, 2, and 3. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. Up River Road from Rand Morgan Road to IH 37 is currently a rural unimproved two -lane roadway. Improvements will consist of the reconstruction and widening of the existing roadway to a collector (C -2) two -lane roadway with an intermittent left turn lane, including a wide shoulder and driveways. Associated improve_ ments include pavement markings and signage; 4,168 linear feet of new 12 -inch to 36 -inch reinforced concrete storm sewer pipe; drainage ditch and earthwork; and seeding as required. City Council approval is required for the construction to commence. FUNDING: Funding is available from the Streets Capital Improvement Budget FY 2011. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean @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 HANDMEIVeIrrsaPSGENISTREET16456 UP RIVER ROADICONSTRUCTION2 AGENDA MEMO.dac -315- AGENDA BACKGROUND INFORMATION SUBJECT: Up River Road from Rand Morgan Road to IH 37 (inside City limits only) (BOND ISSUE 2008) Project No. 64961 CIP No. ST 35 PROJECT DESCRIPTION: This project consists of improvements to four (4) sections of Up River Road which lie within the city limits between the lH 37 exit close to Rand Morgan Road and the IH 37 exit near the Crosstown Expressway. Improvements consist of the reconstruction and widening of the existing two -lane roadway to a collector (C -2) two -lane roadway (30 -feet wide pavement section) with an intermittent left turn lane, including a a- foot wide shoulder and driveways. Associated improvements include pavement markings and signage; 4,168 linear feet of new 12 -inch to 36 -inch reinforced concrete storm sewer pipe; drainage ditch and earthwork; and seeding; together with all appurtenances, in accordance with the plans, specifications and contract documents. The four sections of the roadway improvements consist of the following: Section 1 - from the IH 37 exit on the east end to the city limits near Dunn -Meany Road. This section is approximately 10,400 feet long and was bid as the Base Bid. Section 2 —from Southern Minerals Road easterly about 3,600 feet; and was bid as Additive Alternate No. 1. Section 3 — from Suntide Road westerly about 550 feet; and was bid as Additive Alternate No. 2. Section 4 — from the IH 37 exit at the west end easterly towards Renfrow Road approximately 3,600 feet; and was bid as Additive Alternate No. 3. BID INFORMATION: On February 23, 2011, the City received proposals from two bidders (see Exhibit "C" Bid Tabulation). The bids range as follows: The bids received include a contribution donation of 511 tons of liquid asphalt binder from Valero for the production of the Asphalt to be use in this project. A credit of $305,538 was given by the lower bidder and $250,350 was given by the second bidder for this liquid asphalt contribution of Valero as is included in the bid prices above. H:LHOMEWeimaPIGENISTREETS6496 UP RIVER ROADSCONSTRUCTIONS3 AGENDA BACKGROUND.doe —316— EXHIBIT "A" Page 1 of 2 Engineer's Estimate Base Bid from $2,277,775.00 to $2,519,114.50 $3,595,293.00 Add. Alt. No. 1 from $796,967.00 to $887,709.65 $1,238,676.00 Add. Alt. No. 2 from $160,795.00 to $193,435.35 $292,685.00 Add. Alt. No. 3 from $581,672.00 to $732,499.15 $998,081.00 The bids received include a contribution donation of 511 tons of liquid asphalt binder from Valero for the production of the Asphalt to be use in this project. A credit of $305,538 was given by the lower bidder and $250,350 was given by the second bidder for this liquid asphalt contribution of Valero as is included in the bid prices above. H:LHOMEWeimaPIGENISTREETS6496 UP RIVER ROADSCONSTRUCTIONS3 AGENDA BACKGROUND.doe —316— EXHIBIT "A" Page 1 of 2 BID RECOMMENDATION: The consultant, Maverick Engineering, has reviewed the information submitted by the low bidder, Haas Anderson Construction, Ltd. (see Exhibit "E" Consultant's Letter of Recommendation). Maverick Engineering has verified the experience references provided by the contractor, which indicates the contractor has the ability to perform the work required to complete the project in a satisfactory manner. Therefore, City staff and the consultant, recommend that the contract be awarded to Haas Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $3,817,209 for the Base Bid and the three Additive Alternates. CONTRACT TERMS: The project is estimated to require 660 calendar days for all four sections (base bid plus Additive Alternates), with completion anticipated in November 2012. 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 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. The Bond 2008 original project budget was $3.1M which includes both construction and engineering costs. This original budget had planned for this road to be a milled and overlay project with only minimal drainage improvements. After investigation during the initial stages of design it was determined that the first three segments required a complete reconstruction with additional roadside storm water improvements. This significantly impacted the project budget which currently is $4.8M. In order to do the improvements necessary under the Bond 2008 project the additional funds required will come from the existing savings realized by the other 11 Bond 2008 street projects that have bid to date. 1-1:IHOMESVaImaP1GEMSTREET16496 UP RIVER ROAD1CONSTRUCTIOW AGENDA BACKGROUND.doc —317— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Up River Road from Rand Morgan Road to IH 37 (inside City limits only) (BOND ISSUE 2008) Project No. 64961 CIP No. ST 35 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 21, 2009 - Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering, Inc. of Corpus Christi, Texas, in the amount of $599,563 for Up River Road from Rand Morgan Road to IH 37 BOND ISSUE 2008 (Motion No. 2009 -096) 4. December 15, 2009 - Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100. (Ordinance No. 028995) 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 Iocal and 120 non - local). 4. May 1, 2009 — Administrative approval of Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering of Corpus Christi, Texas in the amount of $35,200 for Up River Road from Rand Morgan Road to IH 37 BOND ISSUE 2008. H :HOME\VelmaP \GENISTREET\6446 UP RIVER ROAD \CONSTRUCTIOM4 AGENDA PRIOR PROJECT ACTIONS.doe r 18— EXHIBIT "B" Page 1 of 1 TABULATED BY: Harold T. Benoit, Jt., P.E. TIME OF COMPLETION: 560 WORKING DAYS DATE: Feb.24,2011 ATE CONSULTANT: Maverick Engineering, loc. UP RIVER ROAD • RAND MORGAN RD 70 I.H.37 (INSIDE CITY LIMITS ONLY) PROJECT NO. 5499 Bay Ltd. 14.1.1 Corn Products Rd. Corpus Cpdsti,Teras 76166 Haas -Anderson Conshucllan, E.W. P.O. Boy 7692 Corpus Christi, Tens 76487 BID ID NO. DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 PART A - STREET IMPROVEMENTS (SEGMENT #11- BASE BID Al MOBILIZATION 1 LS 5175600,00 5175,500.00 9225,000.00 5225,000.013 A2 CLEAR RIGHT -OF -WAY 8.56 AC 512000.00 5102,720.00 $5,700.00 $48,792.00_ A3 STREET EXCAVATION 42.085 5Y 93.50 $159,847.00 91.90 379,923.50 . A4 12" OMPACTED SUBGRADE 42,065 SY 60.95 339,951.75 61.25 552,581,25 A5 GEOGRID 42,065 SY 53.60 6159,847.00 53.90 $164,053.50_ AB 8" CRUSHED LIMESTONE FLEXIBLE BASE 42,065 SY 69.00 $378,585.00 59.75 54'}0 133.75 A7 PRIME COAT (0.15 GAUSY) 6,310 GAL $4.00 325,240.00 93.90 324,699.00_ A9 3" HMAC PAVEMENT (TYPE 8) 39 988 SY 312.00 5478,656.00 $11.25 5448,740.00 A9 2" HMAC PAVEMENT (TYPED) . 39,988 5Y 99.00 5355,992.00 58.90 9355,003.20 A10 CONCRETE DRIVEWAY 10,984 5F 66.50 365,544.00 95.25 552,636.00 All ADJUST EXIST MANHOLE TO FINISH GRADE 21 EA 61,500.00 131,500.00 51,015.00 621,315.00 Al2 ADJUST WATER VALVE TO FINISH GRADE 26 EA 5503,00 913,000.00 5507.00 313,182.00_ A13 ADJUST GAS VALVE TO FINISH GRADE 6 EA $500.00 53,000.00 5507.00 93,042.03 A14 ADJUST EXISTING FIRE HYDRANT 7 . EA 5600.00 34,200,00 51,690.00 311,630.00_ A15 ADJUST EXISTING WATER METER 2 EA $500.00 51,900.00 $282.00 5564.00 A16 4' CHAIN LINK FENCE 66 LF 512.00 5792.00 520.00 51,320.00_ A17 5' CHAIN LINK FENCE 341 LF 512.00 54,092.00 325.00 38,525.00_ Alb 6' CHAIN LINK FENCE 60 LF 514.00 $540.00 526.00 51,680.00 A19 METAL BEAM GUARD FENCE 971 LF 329.00 528,159.00 $30.00 629,130.00 A20 SURVEY MONUMENT 2 EA 5400.00 3609.00 51,350.00 52,700.00 A21 OZONE DAY 4 DAY 5300.00 51,200.00 31,000.00 34,000.00 A22 REFL PAV MRKG TY 1 (W) RR -XING 2 EA $600.00 51,200.00 5620.00 51,240.00 A23 REFL PAV MRKG TY 1 (W) (24") (SLD) 72 LF 99.50 5554.00 310.00 $720.00 A24 REFL PAV MRKG TY 1 (Y) (24 ") (SLD) 30 LF 99.50 3265.00 $10.00 5300.00 A25 REFL PAV MRKG TY 1 (W) (4 ") (SLD) 19,341 LF 59.50 59,670.50 90.55 910,637.55 A26 REFL PAV MRKG TY 1 (Y) (4 ") (BRK) 2,060 LF 50.55 91,144.00 50.55 51,144.03 A27 REFL PAV MRKG TY 1 (4 ") (SLD] 225 LF 60.75 5165.75 50.80 5180.00 A26 REFL PAV MRKG TY1 (4 "1/SLD),(DBL) 1 464 LF 91.10 _ 51,610.40 61.15 51,683.60 A29 REFL PAV MRKG TY 1 (W) (CROSSWLK) (10' WI) 30 LF 552.00 $1,589.00 355.00 $1,680.00_ A30 TYPE II -A -A RAISED PAV MRKR (REFL) 144 EA $5.00 5720.00 95.00 5720.00 A31 STR SGN ASSY W!9" BLDS (GR) & STOP SGN 11 EA 5380.00 54,180.00 $417.00 54,587,00 A32 NO PARKING SIGN 6 FJr, 5140.00 9840.00 5145.00 5870.00 A33 SPEED ZONE SIGN 14 EA 9300.00 54,200.00 5288.00 34,032.00 934 RAILROAD CROSSING SIGN 2 EA 5300.00 9500.00 5321.00 3642.00 A35 PEDESTRIAN WARNING SIGN 5 EA 9300.00 51,500.00 5327.00 31,635.03 A36 STOP SIGN 1 EA 6300.00 5330.00 $299.00 5299.00 A37 STR SGN ASSY W!9" BLDS (GR) 2 EA 9400.00 $500.00 $394.00 5786.00 A36 OTHER REGULATORY SIGNS 8 EA 5500.00 53,000.00 5474.00 52,844.00 A39 TRAFFIC CONTROL 1 LS 995,000.00 595,000.00 529,335,00 929,335.30 A40 2" DIA PVC (SCH BO) ELECTRICAL CONDUIT 4,065 LF 59.50 $38,817.50 95.60 627,642,00 941 11" X 16" X 16" HAND HOLE (PULL BOX) 33 - EA 51,100.00 $36,309.00 9640.00 327,720.00 A42 DEDUCT: LIQUID ASPHALT ALERO CONTRIB 1 LS (5250,350.00) ($250,350.00) ($395,538.00[ (5305 538.00) SUBTOTAL PART A - I1EMS Al-A42 $2,003 05.80. $1,772121.95 PABT 13 - STORM WATER DRAINAGE IMPROVEMENTS SEGMENT #1 BASE BID B1 TOP SOIL & SEED ING FOR EROSION CONTROL 42,197 SY $1.00 $42,197.00 52.30 397 053.113 B2 12" RC PIPE (CL III) 46 LF 938.00 91,656.00 $47.00 52,162.00 33 19" RC PIPE (CL 111) 2,033 LF 938.00 077,254.00 353.00 5107,749.00 54 24" RC PIPE (CL 111) 107 LF 552.00 959.00 55,564.00 359.00 913,396.00 374.00 06,313,00 917,094.00 65 30" RC PIPE (CL 15) 231 LF BB 36" RC PIPE (CL 111) 66 LF $60.00 05,280.00 598.00 06,336.00 87 SET JTY 11) 112 ") (3:1) 2 EA 5600.00 9600.00 $700.00 51,100.00 91,200.00 9500.00 634,500.00 5490.00 51,400.00 5680.00 08,600.00 91,560,00 91,000,00 328,420,00 51 320.00 512,640.00 Be SET (TY 11) 116 ") (3:1) 58 EA 99 SET (TY II) {24') (3:1) 2 • EA B10 SET (TY II} (30) (3.1) 8 EA 1 011 SET (TY II) (36 ") (3:1) 2 EA 33,600.00 97,800.00 51,775.00 93 550.00 612 SET (TY II) (2 -16 ") (3:1) 4 EA 91,200.00 54,800.00 91,285.00 55,140,00 813 SET (TY II) 12- 241(3:1) 2 EA 51,300.00 52,600.00 91490.00 52,980.00 1314 13" CURD & GUTTER 31 LF 940.02 66.00 540.00 540.00 $3.02 51,240.00. 933.00 $75,642.00 $7.20 928,920.00 511.30 $59,560.00 322.00 556,619.00 92.50 51,023.00 $90,770.40 59 169.90 332,208.00 $47,182.50 615 2' BOTT. (0 -4') DITCH EXC.(HAUL & DISP DIRT) 12,607 LF B16 CLEAN SILT & DEBRIS FROM EXST CONC CULV 723 LF B17 9" THK (6" DIA STONE) RIPRAP 1,464 SY 915 SILT FENCE FOR STORM WATER POLL PREV 16,873 LF 619 HAY BALES FOR STORM WATER POLL PREY 600 EA $6 -00 $4,800.00 36.20 $2,720.00 020 TRENCH SAFETY FOR STRM WTR CONDUITS 2,522 LF 51.30 525,000.00 93,278.60 91.00 325,000.00 625,030.00 52,522,00 325,023,00 B21 ALLOWANCE FOR UTILITY RELOCATION 1 LS B22 TRAFFIC CONTROL 1 L5 550,000 00 550,000.00 6300.75 830335 023 TYPE C MANHOLE 1 EA 53,000.00 $3,030.00 93,000,00 $3,000,00 t:.i��'r� SUBTpTAI. - PART B - ITEMS 61 -823 $513,808.80 $505,85185 EXHIBIT "C" Page 1 of 5 P =95 1f TABULATED BY: Harold T. Ben,IL Jr., P.E. TIME OF COMPLETION: 660 WORKING DAYS DATE: Feb. 24, 2016 AJE CONSULTANT: Maverick Engineering, Inc. UP RIVER ROAD - RAND MORGAN RD TO I.H.37 (INSIDE CITY LIMITS ONLY) PROJECT N0.6496 Bay LW. 1414 Corn Products Rd, Corpus Christi, Texas 78488 H0U•Andersen Construction, Ltd. P.O. Box 7892 Corpus Christi Tetras 784E7 DID ID NO. OTY, UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PART C - STREET IMPROVEMENTS (SEGMENT #21 ADD ALT 81 01 MOBILIZATION 1 LS 563,000.00 $63000.00 $74,000.00 574,000.00_ 95,700.00 $14,649.00_ C2 CLEAR RIGHT -OF -WAY 2.57 AC 99,000.00 523,130.00 03 STREET EXCAVATION 14,460 SY 83.00 $43,380.00 91,95 928,197.00_ C4 12" COMPACTED SUSGRADE 14,460. SY $110 515,906,00 51.25 $18,075.00_ C5 GEOGRID 14,480 SY 93.80 954,948.00 54.00 957,840.00 C6 8" CRUSHED LIMESTONE FLEXIBLE BASE 14.460 SY 99.41 0130,140.00 $9,85 5142,431.00 C7 PRIME COAT (0.15 GA(JSY) 2,169 GAL 54.0. 98,676.00 53.95 $6,567.55 CB 3" HMAC PAVEMENT (TYPE B) 13,693 SY _ 512.00 5164,316.00 $11.40 5156,100.20 1 09 2" HMAC PAVEMENT (TYPE 0) 13,693 SY 510.00 5136,930.00 99.00 9123.237.00_ C10 ADJUST WATER VALVE TO FINISH GRADE 3 EA $500.00 $1,500.00 9513.00 $1.539,(]0 C11 METAL BEAM GUARD FENCE 525 LF 529.00 $15,225.00 $31.00 916 275.00 1 C12 SURVEY MONUMENT 2 EA $400.00 $600.00 . 91,37090 $2,740.00_ C13 OZONE DAY 4 DAY 8306.00 $1,200.00 91.142.00 $4,586.00 C14 REFL PAV MRKG TY 1 (W) RR -XING 2 EA $600.00 91,200.03 9828.00 51.258.00_ C15 REFL PAV MRKG TY 1 (W) (241 (SLD) 80 LP 512.00 $720.00 911.50 5690.00 016 REFL PAV MRKG TY 1 (W) (4 ") (SLO} 7,030 LF $0.70 94,921.00 90.80 95,624.00 C17 REFL PAV MRKG TY 1 (Y) (4') (BRK) 610 LF 50.70 5427.00 90.80 5488,00 015 REFL PAV MRKG TY 1 (Y) (4 ") (SLD) (DBL) 1.025 LF $0.72 . 5738.00 50.80 9820.00 C19 TYPE II -A -A RAISED PAV MRKR (REEL) 57 EA 56.25 1356.25 96.85 5390.45 020 STR SGN ASSY W19" BLDS (GRI& STOP SGN 1 EA 5400.00 $400.00 $422.00 $422.00_ C21 RAILROAD CROSSING SIGN 2 EA 5300.0. 5500.00 9325.00 $650.00 C22 CITY MAINTENANCE SIGN 1 EA 5300.00 $300.00 9302.00 $302.00 C23 TRAFFIC CONTROL 1 LS 558,000.00 558,000.00 67,710.00 97,710,00 C24 2" DTA PVC (SCH 80) ELECTRICAL CONDUIT 315 LF $9.50 52,992.50 96.00 62,520.00 025 11" X 18" X 18' HANDHOLE (PULL PDX) 3 EA 51,100.0. 53 500.00 31 035,00 $3,105,00 yam�,,.... ' " ,.. SUBTOTAL - PART C - ITEMS C1 -C25 $733,105.75 ' $672,196.20 PART 0 - STORM WATER DRAINAGE IMPROVEMENTS (SEGMENT MAIM ALT #1 01 TOP SOIL & SEEDING FOR EROSION CONTROL 12,676 SY 51,00 612,678.00 52.35 $29,793.30_ 02 18" RC PIPE (CL III) 95 LF 936.00 53,646.00 553.00 55,086.00 03 24' RC PIPE (CL III) 132 LF 555.00 57,260.00 $60,00 37,920.00 04 SET (TY 11) (18) (3:1) 4 EA 0600.00 32400.00 9495.00 51,984.00 SET ('IYII)12 -241 (3:1) 4 EA 51,300.00 55200.00 $1,500.03 95,000,00 DB 2' BOTT (0' - 4') DITCH EXC (HAUL & DISP DIRT) 757 LP 56,00 34,542.00 57.30 55,526.10 D7 CLEAN SILT & DEBRIS FROM EXST CONC CULV 136 LF $45.00 $3,870.00 910.00 5860.00 08 9' THK (6" DIA STONE) RIPRAP 1,086 SY 540.00 543,440,00 922.30 324,217.60 09 SILT FENCE FOR STORM WATER POLL PREV 6,679 LF 53.10 520,704,90 92.50 916 697.50 010 HAY BALES FOR STORM WATER POLL PREV 48 EA 912,00 9575.00 59.50 9456.00 011 TRENCH SAFETY FOR STRM WATER CONDUITS 228 LF $1.25 ' $285.00 51.00 5226.00 012 ALLOWANCE FOR UTILITY RELOCATION 1 LS $25,000.05 . 525,000.00 525,000.00 925,000,00 013 TRAFFIC CONTROL 1 LS $25.000.00 925,000,00 51,000.10 51,000.10 SUBTOTAL - PART D - ITEMS D1 -013 $154,603.90 $124,770,80 EXHIBIT "C" Page 2 of 5 TABULATED BY: Harold T. Benett, Jr., P.8. • TIME OF COMPLETION: 56o WORKING DAYS DATE: Fels 24, 2011 AIE CONSULTANT: Maverick Eng meeting, Inc.. UP RIVER ROAD - RAND MORGAN RD T01.11.37 (INSIDE CITY LIMITS ONLY) PROJECT NO. 6496 Be 4d' 144 Corn Products Rd. Corpus Chris i, Tens 71d5E. Haas-Anderson canstructinn, Ltd, P.O. Box 7692 Colpus chrism Tens MST BID ID ND. DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT MD-PRICE AMOUNT PART E - STREET IMPROVEMENTS (SEGMENT 93) ADO ALT #2 El MOBILIZATION 1 LS 56,520.09 $8,500.00 314,000.00 $14,000,00, $2,365.00 E2 CLEAR RIGHT•OF•WAY 0.43 AC • 519,000.09 58,170.00 55,500.00 £3 STREET EXCAVATION 2,549 SY 37.15 $11225.35 61,85 54 715.85 94 . 12" COMPACTED SUBGRADE 2,549 SY $1.10 52,803.50 31.2 $3,058,80 E5 . GEOGRID 2,549 SY 53.71 59,431.30 $3.75 69,558.75 E6 6" CRUSHED LIMESTONE FLEXIBLE BASE 2,549 5Y 69.00 922 941.60 39.4 523,980.00 E7 PRIME COAT(0.15GAUSY) 363 GAL $7.25 $2,776.75 53.75 $1,436,25 E8 3° HMAC PAVEMENT (TYPE B) 2,423 SY 513.10 $31,741.30 $10.85 526 289.55 E9 2" HMAC PAVEMENT (TYPE D) 2,423 SY 611.20 $27,137.66 $B.55 $20,716.85 E10 ADJUST WATER VALVE TO FINISH GRADE 3 EA $500.01 $1,520.00 5490.0 $1,470,00_ Ell SURVEY MONUMENT 2 EA 5400.00 3800.09 51,305.00 $2,610.00 E12 OZONE DAY 4 DAY 5300.00 51,200.00 51,090.00 54,360.00_ 51,417.60 E13 REFL PAV MRKG TY 1 (W) (4 ") (SLD) BBB LF 30.50 5443,00 $1.60 Ell REFL PAV MRKG TY 1 (Y) (4") (BRK) 120 • LF 30.60 372.00 $1.80 $192.00 515 TYPE 11-A -A RAISED PAV MRKR (REFL) 5 EA $11.50 557.50 $11.00 655.00 E1& SPEED ZONE SIGN 2 EA 5300.00 5830.00 6288.00 . 3576.03 917 TRAFFIC CONTROL 1 LS $12-000.00 $12,000.00 33,400.00 $3,400.00 Ell 2' DIA PVC (SCH 80) ELECTRICAL CONDUIT 594 LF 58.00 $4,752.00 $7.80 54,514,40 919 1" X 18" X 18" HANDHOLE (PULL BOX) 4 EA $990.00 $3,950.00 5915.00 $3 680.00 4 SUBTOTAL - PART E - ITEMS E1 -E19 $157;111.70 $128,356,25 PART F - STORM WATER DRAINAGE IMPROVEMENTS SEGMENT 93 ADD ALT 92 F1 TOP SOIL & SEEDING FOR EROSION CONTROL 2,202 SY 31,15 $2,532.30 $2.25 54,954.50_ F2 18" RC PIPE (CL 111) 66 LF 538.00 $2,508.00 $51.00 $3,366.00 F3 24" RC PIPE (CL 111) 78 LF $50.09 $3,900.00 $57.00 $4 446.00 F4 SET (TY II) (18113:1) 2 EA $800.00 51,200,00 $470.00 $940.00 F5 SET (TY II) (24")13:1) 2 EA 5700,00 $1,400.00 $635.00 $1,270,00 F6 2' BOTT (0' • 4') DITCH FAO (HAUL & DISP DIRT) 457 LF $5.25 52,558.75 $6.95 53,384.65 F7 SILT FENCE FOR STORM WATER POLL PREV 1,109 LF 33.40 53,770.60 $2.45 $2,717.05 F5 HAY BALES FOR STORM WATER POLL PREV - 24 EA 611.51 3278.00 99.00 $21890 F9 TRENCH SAFETY FOR STRM WATER CONDUITS 144 LF 31,25 3190.00 $1.00 $144,00 F10 ALLOWANCE FOR RELOCATION OF UTILITIES 1 LS $10.000.01 $10,000.00 $10,000.00 $10000.03 111 TRAFFIC CONTROL 1 LS 58,000.00 58,000.00 51,000.55 51 000.55 1 EXHIBIT "C" Page 3 of 5 TABULATED 8Y: Herold T. Bennet Jr,, P.0. TIME OF COMPLETION: 560 WORKING DAYS DATE: Feb. 24, 2011 ' AVE 'CONSULTANT: Maverick En. ineerinp, Inc. UP RIVER ROAD - RAND MORGAN _ • TO ONLY) I.H.37 (INSIDE erre LIMITS PROJECT NO. 6496 BID ID NO. DESCRIPTION WY. UNIT BaY Ltd. 1414 Corn P,odoets Rd Carpus Christi, 1.4.4 74449 Naas-Anderson Cons!! mien, Ltd. P.O. Box 7592 Car us Christi Tema 7846T IJMT PRICE AMDVM UNIT PRICE AMOUNT PART G- STREET IMPROVEMENTS (SEGMENT 64) AOD ALT 63 01 MOBILIZATION 1 LS $85,090.00 $65 ,,, ,, trt Or 000.00 G2 CLEAR RIG(IT -OF -WAY 2,26 AC 615,000.00 900.00 • r ii 066.40 G3 STREET EXCAVATION 8,467 SY $3.60 $24 574.60 330 si 1,640.60 G4 12 "COMPACTED SUBGRAOE 6,467 SY 62.30 G5 GEOGRIO 6,467 5Y 64.00 .. r. , , GB B "CRUSHED LIMESTONE FLEXIBLE SASE 6 467 SY $10.00 $54,670.00 68,10 $58 649.70 G7 PRIME COAT ( 0.15 GAUSY) 971 GAL 65.00 44 85560 GB 3 "HMAG PAVEMENT (TYPE B) 5693 SY $15.00 rr $10.55 $60 061.15 G9 2" HMAC PAVEMENT (TYPE D) 59.00 $122 967,110 68 30 , 00110 PJLUASNT INWG E G A SFPIN HIASLH T 7,94 7 0 SEA Y I 60.90 47 173 , • , 1 A2" D VXAISLTVINE T Q A TOEF R G RADE $600.00 $2,400.00 ,, •,. ,, G12 ADJUST WATER METER TO FINISH GRADE 1 EA - $600.00 $600.30 $255.00 $265.00 G13 ADJUST FfR HYDRANT TO FINISH GRADE 1 EA $800.00 n. -„+, „ 014 FIRE HYDRANT ASSEMBLY 1 EA 633000.00 33 ' . 4 ' . $6 345.00 se e, 015 METAL BEAM GUARD FENCE 288 LF 029.90 $8,352.00 $29.00 ., 010 SURVEY MONUMENT 2 EA $400.00 $9ooloo 1 289.00 ; „ Gil OZONE DAY A DAY 6300.00 41 20060 060.00 $4 240.00 018 REFL PAV MRKG TV 1 (4V) [4 "1( 1 . 50,55 331369.05 $0 75 35 303.25 G19 REFL PAV MRKG TY i (Y) (BRK} 880 LF 60.65 00 $0.75 8680.00 G20 REFL PAV MRKG TY 1 (W) (CRQSSWLK1 (10' WI) 67 LF 625.00 $1,675,09 $5360 „ „ G21 TYPE 11 -A -A RAISED PAV MRKR (REFL) 44 EA 612,00 $528.00 $10.50 $452.0o 022 STR SGN AS5Y W!9 "BEDS (06) 8 STOP SON 1 EA 6400.03 $400.00 $390.00 „ $390.130 023 SPEED ZONE SIGN 5 EA 6300.00 41 500 „ $269.00 „ 024 PEDESTRIAN WARNING SIGN 4 EA $3013.00 $1 20 $306.00 , • G25 OTHER REGULATORY SIGNS 3 EA 6450.03 r . r „ - 626 TRAFFIC CONTROL i LS $55.003,00 000.00 027 2" DIA PVC (8CH 80) ELECTRICAL CONDUIT 306 LF $9.00 $2 754.00 , 2,284.40 G2B 61,300.00 $3 ac0.00 MUD $2 760.00 SUBTOTAL PART G •ITEM 01x028 $402,102.00 PART H •STORM WATER DRAINAGE IMPROVEMENTS (SEGMENT 64) ADD ALT !13 _ Hi TOP Sp(L6 SEEDING FOR EROSION CONTROL T 1,590 SY $1.00 $11,690.00 $2.20 $25,716.00 312 RC PIPE SEWER (GLIB) 15" COMPLETE IN PLACE 48.30 LF $40.00 $1,920,00 $45.00 $2,160.00 143 RC PIPE SEWER (C1 . 144 ftC PIPE SEWER (CL3iI) 24 COMPLETE IN PLACE 9B LF 652.03 $5,096.00 ' $55 00 ,272.00 $5,390.00 HS SET (TY 4) 15" (3:1) COMPLETE !N PLACE 2 EA $500.00 $1,200.00- $465.00 $930,00 146 SET (TY }�1 16" (3:1) COMPLETE iN PLACE 36 EA $600.00 $21 600,00 $460.00 $16,563 W7 SET (TY II) 24" (3:T) COMPLETE IN PLACE 2 EA $700.00 $1.400.00 6620.06 -00 $1 243.00 145 SET (TV II) 2 -18" (3:1) GOMPLETE IN PLACE 2 EA $T 200,33 $2,400.00 $1,200.00 $2.400 00 149 2' BOTT. (0' • 4') DITCH EXC.(HAUL 8 DISP DIRT) 3,598 LF $8.33 $21,576.00 $6,75 $24,273.00 1410 CLEAN SILT &DEBRIS FROM EXST CONC CULV 35 LF $90.00 $3,150.00 510.60 5371,30 1411 9" THK (6" DIA S1DNE) RIPRAP 28 SY $50.00 61,400,00 $20.70 $579.60 HI2 SILT FENCE FOR STORM WATER PALL PREV 6,586 LF $3.20 $21,081.60 $2.40 $15,811.20 1413 NAY BALES FOR STORM WATER POLL PREV 228 LF $7,30 61,596.00 $6.19 51,390.60 1414 TRENCH SAFFEY FOR STORM WATER CONDUIT 1 274 LF 61.20 $3,528.80 $1.00 $1,274.00 1415 ALLOWANCE FOR RELOCATION OF UTILITIES 1 LS $25,000.00 $25,000.03 $25,000.00 625,000.W 1410 TRAFFIC CONTROL 1 LS $30 000.06 $30 000.03 $1 200.40 1 200.40 T A 3 SUBTOTAL "PART H - ITEM 141 -1478 - $193,50240 $179,570.00 EXHIBIT "C" Page 4 of 5 TABULATED EY: Harald T. Benoit. Jr.. P.E. TIME OF COMPLETION: 555 WORKING DAYS DATE: Fab. 24, 2011 NE CONSULTANT: Maverick Endearing, Inc. UP RIVER ROAD - RAND MORGAN RD TO I.H.37 (INSIDE CITY LIMITS ONLY) PROJECT NO, 6496 Bay LW. 1414 Corn Products Rd. Corpus Chris'', Texas 78465 Haas- Anderson Construction, Ltd, P.O. Box 7692 Corpus Christi, Texas78487 BID ID NO. __ _ DESCRIPTION OTT. UNIT UNIT PRIDE AMOUNT UNIT PRICE AMOUNT TOTAL BASE BID • PARTS A B B TOTALS TOTALS TOTAL BID PART A - ITEMS Al THROUGH A42 52,005,505.90 51,77221.35 TOTAL BID PART B • ITEMS 01 THROUGH B23 5513,608.60 5505,653.65 TOTAL BASE BID $2,510,114.50 $2,277,775.00 TOTAL ADDITIVE ALTERNATE NO.1: (SEGMENT #2) - PARTS C a D TOTALS TOTALS TOTAL BID PART C - ITEMS C1 THROUGH C25 $733,105.75 $672,196.20 TOTAL BID PART D - ITEMS 01 THROUGH 013 5154,603.90 5124,770.60 TOTAL ADD ALT NO.1 5687,709.65 5796,967.00 TOTAL ADDITIVE ALTERNATE N0.2: {SEGMENT #3) - PARTS E 8 F TOTALS TOTALS TOTAL BID PART E - ITEMS El THROUGH El 9 5157,111.70 5128,356.25 TOTAL BID PART F - ITEMS Fl THROUGH Fit 536 323.65 532,438.75 TOTAL ADD ALT NO.2 5193,435.35 5160,795.00 TOTAL ADDITIVE ALTERNATE N0.3: (SEGMENT 64) - PARTS G 6 H TOTALS TOTALS TOTAL BID PART G -ITEMS G1 THROUGH G26 5538,996.75 5402,102.00 TOTAL BID PART H • ITEMS H1 THROUGH H16 5193,552.40 5176,570.00 TOTAL ADD ALT NO.3 5732,496.15 5681,672.00 TOTAL BID - ALL PARTS TOTALS TOTALS TOTAL BASE BID $2,511,114.50 52,277,775.00 ADDITIVE ALTERNATE NO.1 - 5857,709.65 5.796,967.00 ADDITIVE ALTERNATE NO.2 5193,435.35 5150,795,00 ADDITIVE ALTERNATE NO.3 5732,499.15 5581,672.00 TOTAL BIDJ 54,332.758.65 53,617,209.00 EXHIBIT `°C" Page 5 of 5 PROJECT BUDGET UP RIVER ROAD FROM RAND MORGAN ROAD TO 1H 37 (INSIDE CITY LIMITS ONLY) (BOND ISSUE 2008) Project No. 6496 April 12, 2011 FUNDS AVAILABLE: Streets CIP (Bond 2008) $3,264,100.00 FUNDS REQUIRED: Construction (Haas Anderson Construction): Base Bid $2,277,775.00 Additive Alternate No. 1 796,967.00 Additive Alternate No. 2... 160,795.00 Additive Alternate No. 3 581,672.00 Subtotal Construction $3,817,209.00 Contingencies 190,860.00 Consultant Fees: Consultant (Maverick Engineering)... 599,563.00 Geotechnical Testing (Rock Engineering)... 35,200.00 Materials Testing (Rock Engineering) - Estimated 57,258.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 28,629.00 Engineering Services (Project MgtfConstr Mgt/Traffic Mgt) 66,801.00 Finance Issuance 9,543.00 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL $4,810,063.00 ESTIMATED PROJECT BUDGET BALANCE ($1,545,963.00) Construction Observation Services included in Consultant's fee. Project deficit will be covered from savings in other Bond Issue 2008 Projects already realized. -324- EXHIBIT "ID" Page 1 of 1 MEIVERICK ENGINEERINQINC. www.maverickengineering.com March 1, 2011 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 Subject: Up River Road — Rand Morgan Rd. to I.H. 37 (Inside City Limits Only) City Project No. 6496 Dear Mr. Anaya: On February 23, 2011; bids were received and opened on the subject project. There were two (2) bidders as follows: Base Bid (Segment #1): 1. Berry Contracting LP. DBA Bay Ltd. 2. Haas — Anderson Engineer's Opinion of Cost Additive Alternate -No.1 Bid (Segment #2): 1. Berry Contracting L.P. DBA Bay Ltd. 2. Haas — Anderson Engineer's Opinion of Cost Additive Alternate No. 2 Bid (Segment #3): 1. Berry Contracting L.P. DBA Bay Ltd. 2. Haas — Anderson Engineer's Opinion of Cost Additive Alternate No.3 Bid (Segment #4): 1. Berry Contracting L.P. DBA Bay Ltd. 2. Haas — Anderson Engineer's Opinion of Cost $ •2;519114.50 . 3;595,293.00 $ . 887,709.65 $ 796, 967.00 $ 1,238,676.00 $ 193,435.35 $ 160,795.00 $ 292,685.00 $ 732,499.15 $ 581,672.00 $ 998,081.00 The two proposals from the bidders were checked for mathematical errors and none were found. The two bidders Berry contracting L.P. DBA Bay Ltd. and Haas — Anderson submitted A -28, A -29, and A -30 of the Special Provisions. 400 Mann St., Suite 200 Corpus Christi, Texas 78401 361.696 -3500 • Fax 361.696 -3599 • www.maverickengineering.com —325— EXHIBIT "E" Page 1 of 2 The information supplied by Haas — Anderson, the apparent low bidder appears to be complete and in order as follows: A -28 Haas — Anderson President and General Partner, Darryl O. Haas, submitted a letter stating: 1. No liens have been filed against Haas — Anderson Construction, LTD for either services or materials within the past two years. 2. There are no outstanding claims against Haas — Anderson Construction, LTD for either services or materials within the past two years.. A -29 Haas — Anderson President and General Partner, Darryl O. Haas, submitted a letter stating: All of Haas — Anderson Construction, LTD field supervision have at least 5 years of experience in field management and oversight of projects of this size and complexity. Depending on the availability at the time of the Notice to. Proceed will determine which Superintendent will manage this project. A -30 Haas - Anderson President and General Partner, Darryl O. Haas, submitted: 1. A list of major components of the work 2. A list of products to be incorporated into the project 3. Schedule of values being the same as shown on the proposal 4. Schedule of monthly payments, a monthly draw of approximately $350.000.00 5. A list of names and addresses of DBE /MBE firms that will be working on the project 6. A list of names and addresses of subcontractors that will be working on the project 7. Outline of the sequence of construction 8. A list of authorized signatures to execute contracts for Haas — Anderson Construction, LTD in the state of Texas Based upon all of the above, and subject to the availability of funds, it is my recommendation that Haas — Anderson Construction, LTD be awarded the contract on the subject project. Additionally, we recommend that the firm Rock Engineering and Testing Laboratory, Inc. be contracted for material testing. A copy of the bid tabulation is also attached. Sincerely, gLern,-4Z77, Harold T. Benoit, Jr., P.E. Maverick Engineering, Inc Attachment: Bid Tabulation --326— EXHIBIT "E" Page 2 of 2 \Mproject\ councilexhibits \ exh6496. dwg LOCATION MAP NOT TO SCALE PROJECT #6496 EXHIBIT "F" Up River Road - Rand Morgan to I.H. 37 (inside City limits only) BOND ISSUE 2008 —, 1— CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: loft' DATE: 04/12/2011 UP RIVER ROAD Rand Morgan Road to IH 37 (Inside City Limits Only) BOND ISSUE 2008 (Project Council Presentation April 12, 2011 No. 6496) Outline • Background • Project Location • Project Scope • Project Schedule • Project Cost Background Designated as a collector (C-3) street by the City's Master Transportation Plan. The existing roadway section is a two-lane (one lane in each direction) roadway measuring approximately 18' to 20' in pavement width, with storm water runoff being intercepted by roadside ditches. Currently a rural unimproved two-lane roadway and has a high amount of traffic due to the high concentration of industrial facilities along its route. The roadway is being rebuilt due to the widespr structural failures along the route. Project Location Project Location Project Location IDOSTRRG ROW +PRIES Project Scope LWWF OF SEEURRG 1NYRES 15' NLWG LWWTS OF 5IDEO1N6 waits I' ROADWAY 15' 12' 12' TFFOEL LANE TFANIEL LIRE 0 Y 1WG PIs(1ps {Tr CO nuance E iXt 3 1RIM. vIr.E111pT €n O4 P15Eccuesi l j P0E OitI X361rer U4." {.VRY 70 _RRL '�7M tF B15L7 {} I34 } MEMOIR FL E LASE Of A ORGEOGRO MC 11 DO) 12' OOMACTEO 3LOORARE p Mu_ Fla AERSN =EEa 17l11:A} 0 4- TCPROL FLIER FN�f'S Y 2 — IE 3ypo¢%SY} MO 4- SAM UP FIVER ROAD TYPICAL SEC'ilON SEGMENTS 1,2. a 3 ELT -S. MOM 111c17131 SEC11011 MAW %WF41 SEO1l7A_ FIERR TO FLANS FOR TRENCH COM0111013 Il1O LOCAR RIS. 11..4Y, MARES &r TO 74' TARRIES LINTS OF SEEDING �arrs� 30? 1114115 OF OEEDEGG 3' aa' T YU_ OF OUST_ IEHf 1� ROADWAY 2, 12' moo7RRVEL 3' TR'.E. LAME LAN E 1 911 ID 1 Cr 1 O' 5' 1' O 2" MILL OF EXISTING ASPHALT & 2" HMAC (TY D) OVERLAY 02 2" HMAC D) SURFACE COURSE O 3 HMAC (TY B) BASE COURSE ® PRIME COATW(MC-30F B(O.15 AL/)" (APPLY TO IDTH O ASE (.5 ) 50 CRUSHED LIMESTONE FLEXIBLE A BASE (TY GR ETO PROPOSED UP RIVER ROAD TYPICAL SECTION SEGMENT 4 O 5.5 FT. (WIDTH) GEOGRID (BX 1100) O 12 COMPACTED SURGRADE O CELL FIB MULCH SEED (BERMUDA) 08 4' TOPSOIL 9' G" DIA S(TONE RIP—RAoz/SP W/Y) AND 4 SAND NOTE TRENCH SECTION MAY VARY PER SEGMENT. REFER TO PLANS FOR TRENCH CONDITIONS AND LOCATIONS. # IE Project Scope The project consists of four sections of Up River Road as follows: — Segment #1 - Base Bid: From IH 37, west to the city limits line near Dunn-Meany Rd. approx. 10,372 L.F. — Segment #2 - Additive Alternate No. 1: From Southern Minerals Rd. east approx. 3,623 L.F. — Segment #3 - Additive Alternate No. 2: From the intersection of Suntide Rd. west approx. 549 L.F. — Segment #4 - Additive Alternate No. 3: From the intersection with the IH 37 access road east approx. 3,586 L.F. The existing roadway will be widened to a 1 — The resultant pavement width will be 30 ft. through the two-lane section (2- 12 ft. travel lanes and a 3 ft shoulder on each side) 0 4-1 0 o t E u o cs th CO b.% 0 E 0 u CU s 0 E .., • MEMO 0 0 Project Schedule FY 2008 -2009 FY 2009 -2010 FY 2009 -2010 Up River Road CY 2009 CY 2010 from Rand 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Morgan Road to ; DESIGN PHASE ...:.:......... IH 37 (inside city limits only) CY 2009 CY 2010 Project No. 6496 4 1 8 1 8 1 7 1 8 I 9 110 I 11 I 12 1 I 2 I 3 14 15 16 17 8 I 9 110 111 112 FY 2008 -2009 FY 2009 -2010 FY 2009 -2010 w w s V V • 0 a 0 0 N 0 0 0 N 0 N O O O co N FY 2009 -2010 FY 2009 -2010 Q N 0 1 a O co 1 m ■ • • e O O co O • • • • ch 0 N 0 N_ 4 N 0 O N 0 1 a O co 1 m ■ • • e O O co FY 2009 -2010 FY 2009 -2010 as o p 0O _ c oz - 0) E aO E D O. $3,264,100.00' c- 0 c 0 E+71 0 w Cl 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12, 2011 AGENDA ITEM: ORDINANCE APPROPRIATING $10,000,000 IN THE UNRESERVED WASTEWATER FUND BALANCE TO BE USED FOR WASTEWATER CAPITAL IMPROVEMENT PROJECTS, THUS REDUCING FY 2011 WASTEWATER CAPITAL BORROWINGS; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO INCREASE EXPENDITURES IN FUND NO. 4200 BY $10,000,000 AND TRANSFERRING TO WASTEWATER CAPITAL RESERVES FUND NO. 4510; AND DECLARING AN EMERGENCY. ISSUE: In an effort to minimize the impact on FY 2012 Wastewater Utility Rate increases, $10,000,000 in Wastewater Reserves was used to fund Wastewater Capital Projects for FY 2011. This transfer will make available the funds from Wastewater Reserves for FY 2011 expenditures. REQUIRED COUNCIL ACTION: Approval of accompanying Ordinance. PREVIOUS COUNCIL ACTION: Presentation of Utility Rate Impact of FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 was made to Council February 8, 2011 (selected slides attached, please see background information for additional information). CONCLUSION AND RECOMMENDATION: Approval of Ordinance as presented. Attachments "irith O Ct scar Martinez ACM Public Works & Administrative Services OscarM @cctexas.com 826.3897 -343- BACKGROUND INFORMATION During FY 2011 Capital Budget discussions, a great deal of time and effort was spent on fording ways to reduce borrowing costs and thus FY 2012 anticipated Wastewater rate increases. The projects were vetted, reprioritized, and some were even pushed out to later years. In addition, alternative funding sources were reviewed and tapping into Wastewater Capital Reserves was suggested and used in the February 8th Capital Improvement Program Presentation (selected slides attached) as a way to reduce anticipated Wastewater Rate increases for FY 2012. This Council Agenda item formally appropriates and transfers the Wastewater Reserve Funds to a newly formed Wastewater Capital Reserves Fund to be used for Wastewater Capital Project expenditures. r of Corpus �-- Christi City of Corpus Christi FY2OIO2011 Capital Improvement Program (CIP) Presentation February 8, 201 1 EnCity of Corpus .- Christi Revised FY 1 1 Wastewater CIP Recommendation Continue Projects Under Construction (Utility and Bond 08) New Broadway WWTP Capital Reserves Finish In -process Design Contracts Future Bond 08 Support Regulatory Mandated Projects $11.1M $19.0M ($10.0M) $1.9M $212M $0.6M 2.2% 4.0% (2.0%) 0.4% 0.2% 0.1% For the average Residential Customer: 4.9% Wastewater Rate increase corresponds to a $2.00/month increase 9 Page 1 of 2 AN ORDINANCE APPROPRIATING $10,000,000 IN THE UNRESERVED WASTEWATER FUND BALANCE TO BE USED FOR WASTEWATER CAPITAL IMPROVEMENT PROJECTS, THUS REDUCING FY 2011 WASTEWATER CAPITAL BORROWINGS; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO INCREASE EXPENDITURES IN FUND NO. 4200 BY $10,000,000 AND TRANSFERRING TO WASTEWATER CAPITAL RESERVES FUND NO. 4510; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $10,000,000 is appropriated in the Unreserved Wastewater Fund Balance to be used for Wastewater Capital Improvement Projects, thus reducing FY 2011 Wastewater Capital borrowings. SECTION 2. That the FY 2010 -2011 Operating Budget adopted by Ordinance 028683 is changed by increasing expenditures in Fund No. 4200 by $10,000,000 and transferring to Wastewater Capital Reserves Fund No. 4510. SECTION 3. 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 day of April, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: March 30, 2011 By: �. Lisa Aguilar, Astant City Attorney for the City Attorney Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas Day of , 2011 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