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Agenda Packet City Council - 04/26/2011
111■000.11.0100■101101. 11:45 A.M. - Proclamation declaring April 29, 2011 as "Arbor Day" Proclamation declaring the week of April 24 -30, 2011 as "National Medical Laboratory Professionals Week" Proclamation declaring the week of May 1 -7, 2011 as "Children's Mental Health Awareness Week" Proclamation declaring the week of May 1 -7, 2011 as "Goodwill Industries Week" Proclamation declaring the month of May 2011 as "Elder Abuse Prevention Month" Proclamation declaring the month of May 2011 as "Older Americans Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 26, 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 COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Mike Fehlauer, The Summit Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro 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 26, 2011 Page 2 CiTY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1, Approval of Workshop Meeting of April 12, 2011 and Regular Meeting of April 19, 2011 and. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for approximately 3,755 non - shear flexible couplings ranging in size from 3" to 10 ", in accordance with Bid Invitation No. BI- 0030 -11, based on low bid, for an estimated annual expenditure of $76,069.52 of which $19,017.38 is budgeted for FY10 -11. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor Agenda Regular Council Meeting April 26, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) and the City Manager, or designee. These items are purchased into the Warehouse Inventory and charged out to the Wastewater Department. (Requires 2/3 vote) (Attachment # 2) 3. Motion approving a service agreement with Caroma USA, Inc. of Wilmington, Delaware, for administration of a high - efficiency toilet distribution program, in accordance with Request for Proposal Bi- 0084 -11, for a period of one year with options to extend for up to two additional one -year periods, subject to the approval of the provider and the City Manager or designee, for a total one -year expenditure of an amount not to exceed $201,535, of which no funding is required for the remainder of FY 2010 -2011. This service will be used by the Water Department to distribute high - efficiency toilets to qualifying residents in the City of Corpus Christi. Funding is available through the Community Enrichment Grant Fund. (Requires 2/3 vote) (Attachment # 3) 4. Motion approving the lease- purchase of one (1) Bomag 4 -6 ton steel wheel roller with towing package from Waukesha - Pearce Industries, Inc., Corpus Christi, Texas for a total amount of $67,705.75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Financing for the steel wheel roller will be provided through the City's lease - purchase financing program. Funds have been requested for FY 2011 -2012. This unit is a replacement to the fleet. (Requires 2/3 vote) (Attachment # 4) 5. Resolution approving the submission of a grant application in the amount of $401,472 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 11 with a City cash match of $441,505, in -kind services of $14,019, and program income match of $9,224 for a total project cost of $866,220 and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Requires 2/3 vote) (Attachment # 5) 6. Resolution authorizing the City Manager or designee to submit a grant application in the amount of $60,000 to the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services Agenda Regular Council Meeting April 26, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Requires 2/3 vote) (Attachment # 6) 7. Ordinance appropriating $5,000 of American Bank Center Naming Rights Revenue in the Fund No. 1020 General Fund; approving the transfer of $5,000 from the Fund No. 1020 General Fund to the Fund No. 4710 Visitors Facilities Fund; appropriating $5,000 in the Fund No. 4710 Visitors Facilities Fund; and changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase revenues and appropriations by $10,000 each. (Requires 2/3 vote) (Attachment # 7) 8. a. Resolution authorizing the City Manager or designee to accept an anonymous donation in the amount of $300,000 for support of the decorative lighting of the Harbor Bridge project. (Requires 2/3 vote) (Attachment # 8) b. Ordinance appropriating $300,000 from an anonymous donation into the No. 1020 General Fund for support of the decorative lighting of the Harbor Bridge project; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase revenues and appropriations by $300,000 each. (Requires 2/3 vote) (Attachment # 8) 9. Motion authorizing the City Manager or designee to execute Amendment No. 5 to the professional engineering services contract with Jacobs Engineering Group, Inc. of Ft, Worth, Texas in an amount not to exceed $74,323 for a restated not to exceed total fee of $1,061,960.50 for the Corpus Christi International Airport Task 8 Runway Alternative Study — Safety Risk Management Assessment for the Corpus Christi International Airport. (Requires 2/3 vote) (Attachment # 9) 10. Motion authorizing the City Manager or designee to execute Amendment No. 29 to the Professional Engineering Contract for design and construction management/inspection services with Pierce, Goodwin, Alexander, Linville, (PGAL), Inc. of Houston, Texas in the amount of $503,127.42 for a restated not to exceed total contract amount of $4,750,927.50 for the Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades. (Requires 2/3 vote) (Attachment # 10) Agenda Regular Council Meeting April 26, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Motion authorizing the City Manager or designee to execute a construction contract with Elite General Contractors, LLC of Corpus Christi, Texas in an amount of $192,000 for the J. C. Elliott Scale House Replacement Project for the Base Bid. (Requires 2/3 vote) (Attachment # 11) 12. Motion to ratify Amendment No. 1 to the Contract for Professional . Services with R. H. Shackelford, Inc. of Corpus Christi, Texas, for a fee not to exceed $28,000, for a total contract amount not to exceed $77,500 for the Memorial Coliseum Demolition Project for additional construction management/project management services. (Requires 2/3 vote) (Attachment # 12) 13. Motion authorizing the City Manager or designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $69,063 for Up River Road Improvements from 1H 37 exit near Rand Morgan Road to IH 37 exit near Crosstown Expressway (inside City limits only). (BOND ISSUE 2008) (Requires 2/3 vote) (Attachment # 13) 14. a. Resolution authorizing the City Manager or designee to execute a Local Project Advance Funding Agreement for a Hazard Elimination /Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of FM 43 (Weber Road) and Yorktown Boulevard, with City participation costs for engineering design services in the amount of $43,000. (BOND ISSUE 2008) (Requires 2/3 vote) (Attachment # 14) b. Resolution authorizing the City Manager or designee to execute a Local Project Advance Funding Agreement for a Hazard Elimination/Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of SH 357 (Saratoga Boulevard) and Patti Drive, with City participation costs for engineering design services in the amount of $43,000. (BOND ISSUE 2004) (Requires 2/3 vote) (Attachment # 14) 15. Resolution determining that a public necessity exists to acquire a Right -of -Way Easement on Parcel 2, containing 0.129 -acres (5,628.6 SF) out of Lot 2 -R, Block 1, of the Forum Mall Addition, Agenda Regular Council Meeting April 26, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) as shown on plat recorded in Volume 53, page 115, map records of Nueces County, TX from the owner of record, Wooldridge Medical Investors, LLC, for the Wooldridge Road Street Project — Rodd Field to Quebec Drive ( #6493), 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 parcel by means of negotiations or by exercise of the City's power of eminent domain. (BOND ISSUE 2008) (Requires 2/3 vote) (Attachment # 15) 16. Second Reading Ordinance - Waiving Council Policy 6.c; naming of the beach adjacent to the seawall abutting Windward Drive in Corpus Christi as "Michael J. Ellis Beach "; and the naming of the section of the seawall adjacent to the Windward Drive parking lot as the "Michael J. Ellis Seawall ". (First Reading- 04/19/11) (Attachment # 16) 17. Second Reading Ordinance — Appropriating $193,800 in the Fund No. 3350 "Public Health and Safety C!P Fund" from anticipated reimbursements to be paid by the Corpus Christi Independent School District in accordance with the Interlocal Cooperation Agreement, for the demolition, clearance, and other charges associated with the relocation of Fire Station No. 5; changing the FY 2011 Capital Budget adopted on March 8, 2011 by Ordinance No. 028995 to increase revenues and appropriations by $193,800 each. (First Reading — 04/19/11) (Requires 2/3 vote) (Attachment # 17) 18. Second Reading Ordinance - Abandoning and vacating a 25,743.96- square foot portion (0.591 acres) of a 20 -foot wide undeveloped, dedicated public right -of -way, out of Lots 8 & 9, Section 28, Flour Bluff and Encinal Farm & Garden Tracts, said public right of way, being located south of the South Padre Island Drive (SH 358) state right -of -way, subject to compliance with the specified conditions. (First Reading -- 04/19/11) (Attachment # 18) I. EXECUTIVE SESSION: (NONE) 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 Agenda Regular Council Meeting April 26, 2011 Page 7 executive session on the following matters. In elects to go into executive session regarding section or sections of the Open Meetings executive session will be publicly announced by J. PUBLIC HEARINGS: ZONING CASE: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the event the Council an agenda item, the Act authorizing the the presiding office. 19. Case No. 0311 -02, The NRP Group: A change of zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District resulting in a change of future land use from a heavy industrial use to a commercial use. The property to be rezoned is Hawn Tract, Lots D & E, and a portion of Lot C, located between Leopard Street and Lipan Street along the east side of Palm Drive. (Requires 2/3 vote) (Attachment # 19) Staffs Recommendation: Approval of the applicant's request for a change of zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District. Planning Commission's Recommendation: Denial of the applicant's request for a change in zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District, and in lieu thereof, approval of a Special Permit with two (2) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by The NRP Group, by changing the Zoning Map in reference to Hawn Tract, Lots D & E, and a portion of Lot C, located between Leopard Street and Lipan Street along the east side of Palm Drive, from the "1 -3" Heavy Industrial District to the "I -3 /SP" Heavy Industrial District with a Special Permit and two (2) 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. Agenda Regular Council Meeting April 26, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) UNIFIED DEVELOPMENT CODE: 20. Public Hearing and First Reading Ordinance to consider adopting a Unified Development Code (UDC) by merging and modifying the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance into one code; repealing the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance; providing for the preservation of former Developmental Regulations Violations; repealing conflicting ordinances; amending conflicting provisions of the City's Comprehensive Plan; providing notice procedures for a City -wide Zoning Map Amendment after a joint hearing of the Planning Commission and the City Council; and providing for publication and an effective date. (Requires 2/3 vote) (Attachment # 20) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 21. a. Resolution approving a Business Incentive Agreement for job training between the Corpus Christi Business and Job Development Corporation and Del Mar College ( "Del Mar "), which provides a grant of up to $941,270, for improvements to an existing hangar located at the Corpus Christi International Airport, for an Aviation Maintenance Technician Training Facility, for which Del Mar will invest at least $941,270 in hangar improvements, furniture, fixtures, and equipment and hold classes for Aviation Maintenance technicians, and authorizing the City Manager or designee to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar Business Incentive Agreement for the creation and retention of jobs. (To be considered at approximately 12 :30 p.m) (Requires 2/3 vote) (Attachment # 21) Agenda Regular Council Meeting April 26, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (!Refer to legend at the end of the agenda summary) b. Ordinance appropriating $941,270 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation to Del Mar College for renovation of a hangar, including instructional equipment and furnishings, to be used for an aviation maintenance technician training facility at the Corpus Christi International Airport; changing the FY 2010 -2011 Operating Budget, adopted by Ordinance No. 028683 by increasing proposed expenditures by $941,270. (To be considered at approximately 12:30 p.m.) (Requires 2/3 vote) (Attachment # 21) 22. a. First Reading Ordinance - Authorizing the City Manager or designee to execute a fifteen -year (15) lease with Del Mar College for the use of hangar, adjacent parking area, and office space located at the Corpus Christi International Airport for use in Del Mar College's Aviation Maintenance Technician Education Program, with an option to extend for an additional ten -year period; and providing for publication. (To be considered at approximately 12:30 p.m.) (Requires 2/3 vote) (Attachment # 22) b. First Reading Ordinance - Amending Project Description Sequence 11, Rehabilitate East General Aviation (GA) Apron, in the Airport CIP and Project 6 in the Airport Long - Range CIP of the FY 2010 -2011 Capital Budget & Capital Improvement Planning Guide, adopted on March 8, 2011 by Ordinance No. 028995 by revising the description of the East General Aviation (GA) Apron Project. (To be considered at approximately 12 :30 p.m.) (Requires 2/3 vote) (Attachment # 22) 23. City Council consideration of an appeal by Mr. Manuel N. Cantu, Jr.; of the Building Standards Board's decision to require demolition of a structure(s) located at Lot 4, Block 1, West End, commonly known as 1414 Leopard Street. (Attachment # 23) 24. Resolution adopting the Fiscal Year 2011 -12 Consolidated Annual Action Plan ( "CAAP ") which includes the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG), and Home Programs (HOME); authorizing the City Manager or designee to submit the Fiscal Year 2011 -12 CAAP Agenda Regular Council Meeting April 26, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) to the U. 5. Department of Housing and Urban Development ( "HUD "); and authorizing the City Manager or designee to execute all necessary documents to make changes in the Fiscal Year 2011 -12 CAAP if required by HUD. (Requires 2/3 vote) (Attachment # 24) 25. Motion authorizing the City Manager or designee to execute Amendment No. 2 to the Contract for Professional Services with Gignac Architects of Corpus Christi, Texas, in the amount of $407,503, for a total re- stated fee of $757,883 for the Downtown Street (Chaparral) project. (BOND ISSUE 2008) (Requires 2/3 vote) (Attachment # 25) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Final Draft of City -wide Americans with Disabilities Act (ADA) Master Plan (Attachment # 26) 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 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. �a Agenda Regular Council Meeting April 26, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) O. ADJOURNMENT; POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ��� p.m., on April 21, 2011. Lill +` 1. 41_,I Armando Chapa City Secretary to 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 kit C� 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 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Council Workshop Session April 12, 2011 - 8:30 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Priscilla Leal* John Marez * ** Mark Scott Linda Strong ** ABSENT Kevin Kieschnick *Arrived at 8:50 a.m. * *Arrived at 10:09 a.m. ** *Arrived at 10:14 a.m. City Staff: Interim City Manager Margie Rose City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the workshop meeting to order in the Council Chambers of City Hall and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Assistant City Manager Oscar Martinez announced that the workshop would include discussions on the utility services and rates; the capital budget overview; energy initiatives; street maintenance; and the City Auditor. Assistant City Manager Martinez referred to a powerpoint presentation including a comparison of utility services and rates from 2002 to 2010 for water, storm water, wastewater, and gas; utility rate increases from 2002 to 2011; and the utility rate model overview. The following topics pertaining to this item were discuss: the issue with storm water burdening water rates and recommendations during the budget process; winter wastewater averaging; and the rate point that diminishes revenues due to lower water consumption. Assistant City Manager Martinez provided a brief overview of the Capital Budget including the policies adopted regarding the Capital Improvement Program and the FY2012 Capital Budget calendar. The following topics pertaining to this item were discussed: performing an analysis to develop a series of decision points that drive the cost of utility improvements and embedding those details in the CIP; policy issues that could restrict best value engineering; maximizing the use of the current systems; the capital budget calendar and funding; the possibility of eventually approving the CIP and the associated rates simultaneously; prioritizing mandates and public safety issues; and the utility transfers to the general fund. Minutes — Council Workshop April 12, 2011 — Page 2 Assistant City Manager Martinez opened discussion on the topic of energy conservation initiatives. Mr. Martinez referred to a powerpoint including the estimated FY2012 revenues; Texas Coalition for Affordable Power contract rates; baseline energy date collection and analysis; an overview of key energy management and conservation initiatives; the Energy Efficiency and Conversation Block Grant (EECBG) overview and nine (9) projects; and the landfill gas to energy initiative. Assistant City Manager Johnny Perales and Senior Planner Lisa Wargo provided detailed information on the proposed amendments to the code as part of the Energy Efficiency and Conservation Block Grant (EECBG) including the goals; community issues; EECBG implementation focuses; proposed code and zoning ordinance amendments; photos of a Special Mixed Use (SMU) Overlay District and allowances; incentives under the SMU District for mixed use development projects; Mixed Use Development Standards and examples of rowhomes and townhomes, horizontal /vertical duplexes, lofts /mezzanine units, and live -work units; Streetscape Zone Standards, minimum sidewalk dimensions, outdoor dining area standards, lighting and outdoor display standards, fencing /screening standards, and pedestrian oriented signage; target area for redevelopment special overlay district; Destination Node concept; area identification criteria; analysis results; field verification; prioritization of Destination Nodes; Residential Mixed Use standards; allowances for small neighborhood community gardens and farm stands; Adaptive Reuse Standards, examples, and incentives; Amended Off - Street Parking Standards and parking uses; standards for recreation & personal Vehicles and personal storage onsite; and bioretention swales. The following topics pertaining to this item were discussed: the Public Utility Commission tax; methane gas extraction and conversion to power; the timeframes to convert the 17 vehicles to CNG; underutilized existing infrastructure; whether staff is working with Destination Bayfrontforthe overall concept for downtown; target areas for redevelopment; the repurposing of parks concept for neighborhood gardens; responses from the development community to the off - street parking standards concept; problems with residential areas with personal vehicles on yards or storage onsite; explanation of tandem parking; requirements for carports; use of materials for preventing trash from going into sewer system; and landfill -based energy opportunities. Council Member Martinez requested a presentation from the Gas Department on the expansion of the CNG program and- partnerships. Assistant City Manager Martinez referred to the discussion on street maintenance and introduced Chair of the Street Maintenance Finance Ad Hoc Advisory Committee Pat Veteto. Mr. Veteto referred to a powerpoint including resolution guidelines; committee members; committee challenges; the magnitude of the challenge; how the street maintenance got to this point; street expenditures comparison from 1980 to current; general fund expenditure changes from 1980 to present; the funding history; street metrics change from 1980 to 2010; historical growth and decline in city; annexation history; other cities fund metrics for streets; and funding needs. Committee members Gabe Guerra, Elizabeth Chu Richter, and Darryl Haas were available to respond to questions. The following topics pertaining to this item were discussed: whether the annual street maintenance budget per person and square yard at a funding level of $88 million per year is unrealistic; the decrease in the street budget by 50.5 %; the comparison of funding levels with other cities; the increase in funding since 2000; and changes in design standards. There was a general consensus of the Council to allow the committee to ask staff to re- evaluate the funding levels. -2- Minutes — Council Workshop April 12, 2011 — Page 3 Assistant City Manager Martinez opened discussion the City Auditor position. Council Member Mark Scott, Chair of the Administration Committee, provided a brief report of the decisions made by the Administration Committee including the timeline of work performed on the City Auditor position to date; the focus on cities that have a City Auditor report directly to City Council; the job descriptions; a draft budget for the department; and privatization and recruitment processes to be conducted concurrently. Assistant City Manager Martinez provided information including copies of the draft job descriptions; the draft budget for the Audit Department at approximately $307,000 with $249,000 for salaries; the two tier process for recruitment and Request for Information (RFI) process; input received from the local association of Certified Public Accountants; posting job opportunities; salary ranges for positions; next steps; and a final date of August 1, 2011. The following topics pertaining to this item were discussed: the salaries portion of the budget; the Auditor reporting directly to the City Council; and the job description including auditing the performance and efficiencies of the City. Council Member Scott directed staff to communicate this information to the public through the Public Information Office. * * * * * * * * * * * ** There being no further business to come before the Council, MayorAdame adjourned the Council Workshop at 11:43 a.m. on April 12, 2011. * * * * * * * * * * * ** MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 19, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez* Mark Scott Linda Strong *Arrived at 1:29 p.m. City Staff: Interim City Manager Margie C. Rose City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be given for her ill mother, Refugia Gonzalez. The invocation was delivered by Reverend Miriam Berger with Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Strong. 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 April 12, 2011. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 2 - 5). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 029028 Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. 2.b. ORDINANCE NO. 029029 Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. Minutes — Regular Council Meeting April 19, 2011 — Page 2 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. 3. MOTION NO. 2011 -092 Motion authorizing the City Manager or designee to execute a construction contract with Jhabores Construction Company of Corpus Christi, Texas, in the amount of $748,276 for construction of the Veterans Cemetery Effluent Lift Station and Force Main Effluent Linefor the Base Bid. (CIP 2010 -2011) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye"; Marez was absent. 4.a. ORDINANCE NO. 029030 Ordinance appropriating an amount of $95,750 from the Unreserved Fund Balance in Fund No. 4300 for the Storm Water Manhole Ring and Cover Adjustment Project; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $95,750. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. 4.b. MOTION NO. 2011-093 Motion authorizing the City Manager or designee to execute a construction contract with RCM Constructors, Inc., of Corpus Christi, Texas in the amount of $426,600 for the Wastewater Service Line Repair and Clean -Out Installation and Manhole Ring and Cover Adjustment Program FY2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. 5. ORDINANCE NO. 029031 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. (First Reading — 04/12/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. * * * * * * * * * * ** Mayor Adame opened discussion on Item 7 regarding the naming of the beach and the section of the seawall adjacent to the Windward Drive parking lot. Director of Intergovernmental Relations Rudy Garza explained that this item was spearheaded by citizens working together to honor and memorialize longtime island resident and founder of the Padre Island moon Newspaper, Michael J. Ellis. Mr. Garza stated that the ordinance allows the Council to waive naming provisions; name the beach directly in front of the seawall as6the "Michael J. Ellis Beach "; and name a portion of Minutes — Regular Council Meeting April 19, 2011 — Page 3 the seawall as the "Michael J. Ellis Seawall ". Mr. Garza reported that the citizens are working with the property owners to name the entire section of the seawall in honor of Mr. Ellis. Council Member Scott informed the public that the Honorable Jerry Patterson with the Texas General Land Office provided a letter endorsing the concept. Mr. Scott thanked Dave and Beth Yonke, Dale Rankin and Kyle Garrison for their work on this project. Mr. Scott stated that he had a lot of respect for Mr. Ellis and Mr. Ellis was a great friend. Mr. Scott also reported that the Island Strategic Action Committee (ISAC) passed a resolution endorsing the naming. Council Member Adler stated that this was a great day and acknowledged the work performed by Mr. and Mrs. Yonke to move this project forward. Ms. Adler stated that the naming is a nice tribute to Mr. Ellis. Council Member Strong stated that Mr. Ellis was a notable figure on the island and dedicated his life to the betterment of the area. Ms. Strong recognized the audience members present in support of the naming. Council Member Martinez spoke regarding the compassion of the citizens that cared for Mr. Ellis and stated that this was a great way to honor such a good man. Council Member Leal thanked Commissioner Patterson for his letter of support and expressed sorrow for Mr. Ellis's loss. Mayor Adame stated that the soul of a community is how we treat each other and this is a great example of how Mr. Ellis treated people in a special way and now the community is coming together to honor him. Mayor Adame called for comments from the audience. John White, Vice Chair of ISAC, stated that ISAC voted unanimously to support the naming. Abel Alonzo, 1701 Thames, thanked everyone involved in the concept. Mr. Alonzo stated that this item is an example of citizens giving unselfishly to the community and encouraged people to give as much to the community as possible. Dale Rankin, owner of the Island Moon, thanked the Council for their support to honor Mr. Ellis. Dee Ellis stated that the family was proud to have Michael as a brother and that Michael loved the beach, the City, and the people on the Island. Mr. Ellis thanked the Council on behalf of the family for their consideration. City Secretary Chapa polled the Council for their votes as follows: 7 FIRST READING ORDINANCE Waiving Council Policy 6.c; naming of the beach adjacent to the seawall abutting Windward Drive in Corpus Christi as "Michael J. Ellis Beach "; and the naming of the section of the seawall adjacent to the Windward Drive parking lot as the "Michael J. Ellis Seawall ". The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. Mayor Adame opened discussion on Item 8 regarding an amendment to the Advance Funding Agreement with Texas Department of Transportation (TxDOT) and the Port of Corpus Christi for the decorative lighting of the Harbor Bridge. Director of Intergovernmental Relations Rudy Garza provided a background of the initial agreement specifications and explained that once TxDOT found vendors, both the costs and the ten -year warranty were unachievable. Mr. Garza highlighted the changes in the parameters of the agreement including the change in construction costs; warranty only provided for the first five (5) years; and the Port opening an account for the lighting system and equally splitting the costs with the City. Mr. Garza also reported the donation of $300,000 to cover the total cost of the difference and marketing options to offset the cost of the maintenance. Minutes — Regular Council Meeting April 19, 2011 — Page 4 The following topics pertaining to this item were discussed: the original funding for 10 -years of maintenance in the amount of $250,000; the annual maintenance costs for years six (6) through 10; marketing opportunities to offset the future responsibility for the maintenance costs; currently funding the cost share of $298,000; the private contribution; and specifying that any sponsorship funding be directed to the maintenance of the lighting. Council Member Kieschnick stated that he supported the project however could not support unnecessary funding due to the current budget shortfalls and committing future Councils to fund unknown maintenance costs. MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked Mr. Garza for all his work and spoke in support of the project. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 029032 Resolution authorizing the City Manager or designee to execute Amendment No. 1 to the Advance Funding Agreement with Texas Department of Transportation (TxDOT) and Port of Corpus Christi ( "Port ") regarding decorative lighting of the Harbor Bridge, to increase project estimate from $1,864,000 to $2,191,280; adjust City funding participation from $298,000 to $598,000, and also provide for City and Port to equally share utilities and operation costs. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Martinez, Scott, and Strong, voting "Aye"; Kieschnick voting "No "; Marezwas absent. * * * * * * * * * * * * Mayor Adame referred to Item 6, and a motion was made, seconded and passed to open the public hearing on the following street closure: 6. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 25,743.96- square foot portion (0.591 acres) of an undeveloped and unsurfaced 20 -foot wide, dedicated public right -of -way, out of Section 28, Lots 8 & 9, Flour Bluff and Encinal Farm & Garden Tracts, said public right -of -way, being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public streets rights -of -way; subject to compliance with the specified conditions. Assistant City Manager Johnny Perales explained that this request is for the closure of a 20- foot wide public right -of -way on South Padre Island Drive between the Ennis Joslin extension and Paul Jones Avenue to accommodate future development and construction of a building in the area. No one appeared in opposition to the street closure. Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 6. FIRST READING ORDINANCE To consider abandoning and vacating a 25,743.96- square foot portion (0.591 acres) of an undeveloped and unsurfaced 20 -foot wide, dedicated public right -of -way, out of Section 28, Lots 8 & 9, Flour Bluff and Encinal Farm & Garden Tracts, said public right -of -way, being -8- Minutes — Regular Council Meeting April 19, 2011 — Page 5 located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public streets rights -of -way; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Martinez, Scott, and Strong, voting "Aye "; Leal and Marez were absent. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 9 regarding the Fire Station No. 5 Relocation project. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project location; project scope; design team specific tasks; schedule; and costs. The following topics pertaining to this item were discussed: whether the Fire Department is involved in the design of the project; if there is room for the fire truck that was awarded to the Miller High School Fire Science Academy; the joint use component for a classroom setting; and other plans for the old building or surplus property. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 9.a. FIRST READING ORDINANCE Appropriating $193,800 in the Fund No. 3350 "Public Health and Safety CIP Fund" from anticipated reimbursements to be paid by the Corpus Christi Independent School District in accordance with the Interlocal Cooperation Agreement, for the demolition, clearance, and other charges associated with the relocation of Fire Station No. 5; changing the FY 2011 Capital Budget adopted on March 8, 2011 by Ordinance No. 028995 to increase revenues and appropriations by $193,800 each. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. 9.b. MOTION NO. 2011 -094 Motion authorizing the City Manager or designee to execute a professional architectural services agreement with Solka Nava Torno, Inc., of Corpus Christi, Texas in an estimated amount not to exceed $211,810 for Fire Station No. 5 relocation project. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. Mayor Adame opened discussion on Item 10 regarding the Energy Efficiency Conservation Strategy and Sustainability Plan Technical Energy Audit. Assistant City Manager Oscar Martinez explained that this item was Project 2 of the Energy Efficiency Conservation Block Grant. Mr. Martinez referred to a powerpoint presentation including the selection process; background on McKinstry Essention, Inc.; the project scope; the process over the next 90 days; the delivery schedule; and outcomes to expect. Minutes — Regular Council Meeting April 19, 2011 — Page 6 Scott Johnson, McKinstry Essention Inc., explained that the agreement is an energy service performance contract and the utility savings will pay for the project. Mr. Johnson emphasized that the project is budget neutral. A representative from McKinstry provided information on the successful outcomes of other projects and the upgrade suggestions for the American Bank Center. Mayor Adame called for comments from the audience. In response to Abel Alonzo, Assistant City Manager Martinez stated that this project is similar to the concept approved by the Nueces County Commissioners Court. City Secretary Chapa polled the Council for their votes as follows: 10. MOTION NO. 2011-095 Motion authorizing the City Manager or designee to execute a Professional Services Contract with compensation not to exceed $ -0- with McKinstry Essention, Inc. of Dallas, Texas for Technical Energy Audit Services for selected City facilities, subject to the City's future execution of a feasible Energy Performance Contract. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye "; Marez was absent. * * * * * * * * * * * * * Mayor Adame referred to Item 11 regarding the Corpus Christi Convention and Visitors Bureau (CVB) Quarterly Destination Marketing presentation. Keith Arnold, CEO of the Convention and Visitors Bureau, referred to a powerpoint presentation including nature tourism; the Suter Refuge signage; CBV and Texas Travel Industry Association (TTIA) participation at the Capital; nature tourism national recognition; Family Traveler's choice award; media advertising; comprehensive website redesign; website; Mobi website; interactive marketing; the beach and bay guide; certified tourism ambassador; convention sales acceleration program; convention sales super booking; STR report on hotel occupancy; and hotel occupancy tax (HOT) collections. Mr. Arnold also recognized CVB staff members present in the audience including T.J. Carpenter; Michelle Horine; Regina Garcia - Posada; and Claudia Huerta. The following topics pertaining to this item were discussed: the impermeable Suter Refuge signage; measuring the responses from media advertising; the Mobi website; the average daily rate for hotels; and whether the website shows access points for wade fishing. Mayor Adame referred to Item 12 regarding a presentation on the immediate and future space needs for the Police Department. Interim City Manager Rose stated that she requested that this item be placed on the agenda to share with the Council the activities that the Police Department has been engaged in to address the immediate needs of the Police Department and future considerations. Police Chief Troy Riggs referred to a powerpoint presentation including a review of building space needs; a summary of current rental payments; the total annual Police rental payments; review of locations and recommendations; available City property including the Williams Drive Clinic; old Police headquarters; public safety warehouse; other offices to relocate out of NCAD: future considerations to relocate other offices from main Police headquarters to the Central Library and the new Police Training Center. Director of Libraries Herb Canales and Assistant Director of Public Health Aurora Parlamas were available to respond to questions. Mr. Canales stated that he invited the Police Department to use the extra space at the Central Library to save the City money currently and long term. --10 Minutes — Regular Council Meeting April 19, 2011 — Page 7 The following topics pertaining to this item were discussed: whether the public meeting rooms would be affected with the Police Department using the 2nd floor of the Central Library; if the entire Central Library building is up to Fire Code including the 3`d floor; staff recognizing the potential saving for utilizing existing City facilities; the possibility of the FBI moving out of the assembly point building on Saratoga and other options to offset those costs; additional space needed for Municipal Court; a policy for long term lease space; and the possibility of moving the uniform assembly point to the new Fire Station being built at Saratoga and Ayers. Council Member Martinez requested a presentation on the additional space needed for Municipal Court. * * * * * * * * * * * * * MayorAdame called for petitions from the audience. Beverly Wallace spoke regarding the original building of the Central Library and the private financial assistance donated to the building. Ms. Wallace said she was supportive of the Police Department using extra space but would prefer the back entrance be utilized by the Police Department. Ms. Wallace asked that the Library stay open for the children. Abel Alonzo, 1701 Thames, stated that the community needs to look at the whole picture and what is in the best interest for the City. Mr. Alonzo thanked all the people that have donated time and funding to the Central Library; however, stated that the library is not a private entity and belongs to the entire community. Margaret Moss asked the Council to respect the integrity of the Central Library and stated that the people that donated time and money have inspired the community to contribute to the other libraries. Jana Miller Longlois, 242 Bayshore Drive, stated that she was adamantly against the closure of the Central Library. Ms. Longlois said that closing the Central Library sends the message that the City does not care about literacy and would deter downtown growth. Robert Carter, 4957 Nell, stated that the Neyland Library does not have enough space to move staff and not suitable as a central library. Mr. Carter spoke in support of keeping the Central Library open. Carolyn Moon, 4902 Calvin, spoke regarding the failure of communication to the citizens about the library issue. Ms. Moon stated that the City would look shabby without the Central Library and the City needs to be careful not to show that Corpus Christi does not care about literacy. Manuel Abarca, 6702 Everhart, spoke about the Central Library being a cultural instrument for the City and is in opposition to closing the Central Library. John Sloan, 709 Schooner Harbor, spoke in support of keeping open the Central Library and stated that the library is a key part of the City's infrastructure. Mike Staff, 3122 Leopard, stated that the Central Library is a beautiful facility and a police presence would be great for the Police Department. Mr. Staff added that the Police Department does not want to take over the Central Library and that options for the library are being discussed based on economics. Mr. Staff added that the Police Department and the Library are working together to save money and occupy City space. Mary Ann Anzadula, 2925 Soledad, spoke regarding a request for a speed bump to be installed on her street for safety reasons. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:32 p.m. on April 19, 2011. * * * * * * * * * * * * * 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/26/2011 AGENDA ITEM: RECOMMENDATION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for approximately 3,755 non -shear flexible couplings ranging in size from 3" to 10 ", in accordance with Bid Invitation No. BI- 0030 -11, based on low bid, for an estimated annual expenditure of $76,069.52 of which $19,017.38 is budgeted for FY10 -11. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or designee. These items are purchased into the Warehouse Inventory and charged out to the Wastewater Department. ISSUE: The Warehouse stocks non -shear flexible couplings, which are used by the Wastewater Department to splice and repair existing utility lines located throughout the City. 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. Mich I"Barrer Assistant Director of Financial Services mikeb @ccTexas.com 361 -826 -3169 BACKGROUND INFORMATION The Warehouse stocks non -shear flexible couplings, which are used by the Wastewater Department to splice and repair existing utility lines located throughout the City. The option to extend the previous contract was not exercised due to vendor's unwillingness to extend. In March 2011, the City issued a bid invitation, which was published in the Corpus Christi Caller Times and issued to fifteen potential bidders. The City received five responses. Award Basis: Low bid. Price Comparison: When compared to the previous bid of April 2008 pricing has decreased approximately 4.02%. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE: APRIL 26, 2011 BID TABULATION BI -0030-11 NON -SHEAR FLEXIBLE COUPLINGS Total: $76,069.52 $76,590.25 $ 81,983.43 $ 82,543.35 $ 85,271.42 Ferguson Enterprises Corpus Christi, Texas Titan Pipe & Supply Corpus Christi, Texas HD Supply Water Works Corpus Christi, Texas Morrison Supply Co. San Antonio, Texas Moore Supply Co. Corpus Christi, Texas Item Description Qty. Unit Price Extended Price Unit Extended Price Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1.0 NON -SHEAR FLEXIBLE COUPLING for wastewater collection lines 1.1 3" sch 40 pvc x 3" sch 40 pvc pipe 18 25.80 464.40 10.75 193.50 12.22 219.96 11.95 215.10 13.38 240.84 1.2 4" sch 40 pvc pipe x 4" sch 40 pvc pipe 1020 13.38 13,647.60 13.55 13,821.00 14.39 14,677.80 14.73 15,024.60 14.01 14,290.20 1.3 6" sch 40 pvc pipe x 6" sch 40 pvc pipe 75 25.48 1,911.00 25.75 1,931.25 28.31 2,123.25 28.95 2,171.25 26.68 2,001.00 1.4 8" sch 40 pvc pipe x 8" sch 40 pvc pipe 12 37.83 453.96 38.25 459.00 42.03 504.36 42.95 515.40 39.62 475.44 1.5 10" sch 40 pvc pipe x 10" sch 40 pvc pipe 10 49.21 492.10 49.75 497.50 54.68 546.80 55.95 559.50 51.54 515.40 1.6 4" clay pipe x 3" sch 40 pvc pipe 10 21.26 212.60 21.50 215.00 23.62 236.20 24.20 242.00 22.27 222.70 1.7 4" clay pipe x 4" sch 40 pvc pipe 2100 19.61 41,181.00 19.80 41,580.00 21.09 44,289.00 20.95 43,995.00 20.54 43,134.00 1.8 6" clay pipe x 6" sch 40 pvc pipe 350 33.26 11,641.00 33.60 11,760.00 36.96 12,936.00 36.95 12,932.50 51.54 18,039.00 1.9 8" clay pipe x 8" sch 40 pvc pipe 130 37.83 4,917.90 38.25 4,972.50 42.03 5,463.90 42.95 5,583.50 39.62 5,150.60 1.10 10" clay pipe x 10" sch 40 pvc pipe 12 49.21 590.52 49.75 597.00 54.68 656.16 55.95 671.40 51.54 618.48 1.11 6" clay x 6" clay pipe 10 25.48 254.80 25.75 257.50 17.00 170.00 28.95 289.50 26.68 266.80 1.12 8" clay x 8" clay pipe 8 37.83 302.64 38.25 306.00 20.00 160.00 42.95 343.60 39.62 316.96 Total: $76,069.52 $76,590.25 $ 81,983.43 $ 82,543.35 $ 85,271.42 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/26/2011 Motion approving a service agreement with Caroma USA, Inc. of Wilmington, Delaware, for administration of a high - efficiency toilet distribution program, in accordance with Request for Proposal BI- 0084 -11, for a period of one year with options to extend for up to two additional one -year periods, subject to the approval of the provider and the City Manager or designee, for a total one -year expenditure of an amount not to exceed $201,535, of which no funding is required for the remainder of FY 10 -11. This service will be used by the Water Department to distribute high- efficiency toilets to qualifying residents in the City of Corpus Christi. Funding is available through the Community Enrichment Grant Fund. BACKGROUND: The City of Corpus Christi (City) received a $2.74 million Energy Efficiency and Conservation Block Grant through the U.S. Department of Energy. City Council appropriated these monies on July 20, 2010. Because approximately half of the electricity used by the City is used to move and treat water and wastewater, one of the nine projects to be funded with this grant is a High- Efficiency Toilet (HET) Distribution Program. Caroma USA, Inc. (Caroma) will administer this program, which will consist of supplying and distributing approximately 1,987 residential -style HETs. HETs will be provided in both round -front and Americans - with - Disabilities- compliant toilets. This program will target older homes and low - income homeowners. PURPOSE: The purpose of this initiative is to replace residential toilets that use 3.5 gallons or more per flush with HET units. The selected toilets are dual flush units that average 1.07 gallons per flush. With assistance from Caroma's representative, based in San Antonio, TX, the City will develop and utilize a web - based, paper and telephone participant application process. In coordination with the City, Caroma will plan and implement the actual distribution event(s) that will likely take place on one or more Saturdays. The benefits of this initiative include: conservation of fresh water resources, reduction of energy usage by the City necessary to treat both water and wastewater and savings for program participants in the form of lower water /wastewater bills. In addition, the City has established a public /private partnership whereby the old toilets that will be picked up by the City's Solid Waste Services Department will be crushed by a local (private) service provider. This crushed material will then be used by Texas A &M University Corpus Christi's Oyster Reef Restoration Program to restore oyster reefs in local bays, thus saving landfill space, restoring fisheries and improving water quality in local bays. AWARD BASIS: Through a joint effort between the City and the City's consultant, HDR Engineering, Inc., a request for proposal (RFP) was developed for administration of a high- efficiency toilet distribution program. The RFP was advertised, posted on the Purchasing Division's webpage and issued directly to seven vendors. Three proposals were received, one of which, from Niagar9.onservation Corp., provided two options. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Pricing and Exceptions. An evaluation team comprised of the Water Department's Public Relations & Marketing Coordinator and Management Assistant; the Wastewater Department's Management Assistant; the Purchasing Division's Procurement Manager and a representative from the City's consultant, HDR Engineering, Inc., reviewed the proposals and scored each according to the criteria above. RECOMMENDATION: Caroma is not only the top - scorer, as is reflected in the attached Summary Evaluation Matrix, but is also the low -cost provider. As such, Caroma represents the best overall value to the City. FUNDING: Community Enrichment Grant Fund 530206 -1071- 846006 (3 months) $0.00 Michael : arrera Assistant Director of Financial Services mikeb C? cctexas.com 361- 826 -3169 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - PAUL PIERCE One -Year Contract Request for Proposal No.: BI- 0084 -11 RFP - High - Efficiency Toilet Distribution Program Summary Evaluation Matrix Maximum Evaluation Criteria Score Technical Solution 25 Proposer's Profile & Qual. 20 Pricing 50 Exceptions 5 Total Score 100 Total One -Year Award Amount CAROMA USA, INC. Wilmington, DE NIAGARA CONSERVATION CORP. Option B Cedar Knolls, NJ NIAGARA CONSERVATION CORP. Option A Cedar Knolls, NJ FERGUSON ENTERPRISES Corpus Christi, TX 17.8% 21.6% 23.0% 10.1% 15.0% 20.0% 20.0% 18.0% 50.0% 35.0% 32.4% 39.7% 2.2% 4.8% 4.8% 2.2% 85.0% 81.4% 80.2% 70.0% $228,870.00 $326,722.50 $352,710.00 Note i The Total One -Year Award Amount for each Proposer is based on the approximation of 2,250 toilets to be distributed as published in the RFP. However, the maximum amount available to fund this program is equal to the amount of the grant - that being $207,535. $288,000.00 SERVICE AGREEMENT for HIGH - EFFICIENCY TOILET DISTRIBUTION PROGRAM THIS service agreement ( "Agreement ") is entered into by and between Caroma USA, Inc., a corporation, (the "Contractor "), and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide a HIGH - EFFICIENCY TOILET DISTRIBUTION PROGRAM in response to Request for Proposal (RFP) No. BI- 0084 -11. WHEREAS the City has determined Contractor to be the Best Value Supplier; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services and Fees. Contractor will provide the services described in Exhibits A and B. Contractor will provide the following toilets: A. CAROMA SYDNEY LOW PROFILE - ROUND FRONT, 12" rough in, 609151AW Bowl with 622330W Tank, Wax Ring, Bolts and Seat at $99.61 per unit. B. CAROMA SYDNEY LOW PROFILE — ADA, 12" rough in, 609120W Bowl with 622330W Tank, Wax. Ring, Bolts and Seat at $120.71 per unit. C. All costs, both direct and indirect, of providing the services described in this Agreement, including the services described in Exhibits A and B incorporated herein by reference, are included in the price - per -unit stipulated in Section 1, A and B of this Agreement. D. For the purposes of transportation costs and legal ownership, all High - Efficency Toilets are F.O.B. Destination — Point of transfer from Contractor to City. 2. Term. This Agreement shall commence on the date signed by the last signatory hereto and shall continue for a period of one year with an option to extend for up to two additional one -year periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Water. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by first class mail. The City must be named as an Additional Insured on commercial general liability and automobile liability coverage. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's or his designee's written request. Insurance requirements are incorporated by reference in Exhibit A and may be revised annually by the City Manager upon 30 days written notice to Contractor. —24— 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor except to its parent or subsidiary is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in said budget. The City does not represent that said budget item will actually be adopted, since such determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. INDEMNIFICATION. CAROMA USA, INC. (INDEMNITOR) SHALL INDEMNIFY, DEFEND AND HOLD THE CITY OF CORPUS CHRISTI, AND ITS OFFICERS, EMPLOYEES, AND AGENTS (INDEMNITEES) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE TO PROPERTY (INCLUDING, WITHOUT LIMITING THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITHTHIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED BY, OR ARE CLAIMED TO BE CAUSED BY, THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. INDEMNITOR SPECIFICALLY AGREES TO INDEMNIFY INDEMNITEES FROM THE NEGLIGENCE OF ITS EMPLOYEES UNLESS NEGLIGENCE IS SOLE NEGLIGENCE OF INDEMNITEES, INDEMNITOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND INDEMNITEES IN ALL ACTIONS BASED ON THOSE CLAIMS WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL ATTORNEYS' FEES, COSTS AND EXPENSES OF EVERY KIND AND CHARACTER WHATSOEVER RESULTING FROM THE CLAIMS. 9. Waiver. No waiver of any breach of any term or condition of this Agreement, or Contractor's proposal submitted in response to RFP No. BI- 0084 -11 waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas and or on property owned/or leased by the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may not use subcontractors in connection with the work performed under this Agreement. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. _25_ 13. Termination. The City Manager or his designee may terminate this Agreement for Contractor's failure to perform the services specified in RFP BI- 0084 -11 or Contractor's failure to keep all insurance policies in force for the entire term of this Agreement. The Contract Administrator must give Contractor written notice of same and provide Contractor a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager or his designee may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 -hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefor. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy, which is a Zero Tolerance policy that eliminates drugs in the workplace. 16. Notice. Notice may be given by facsimile, 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 shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Waste Water P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361) 826 -4382 IF TO CONTRACTOR: Contractor Name: Caroma USAJInc. Contact Person: Eddie Wilcut, National Conservation Manager Address: 4902 Las Scala Street City, State, Zip: San Antonio, TX 78233 Fax No.: 210 -590 -2625 SIGNED this 12th day of April , 2011. CONTRACTOR: Name: ddie Wilcut Title: National Conservation Manager, C. oma USA CITY OF CORPUS CHRISTI Michael Ban-era Date Assistant Director of Financial Services APPROVED AS TO FORM THIS __./ RAY OF 474 , , 2011 ian .{ ae , Assistant City Attorney Incorporated by reference: Exhibit A: RFP No. BI- 0084 -11 Exhibit B: Proposer's Proposal, as clarified 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/26/2011 AGENDA ITEM: RECOMMENDATION: Motion approving the lease - purchase of one (1) Bomag 4 -6 ton steel wheel roller with towing package from Waukesha - Pearce Industries, Inc., Corpus Christi, Texas fora total amount of $67,705.75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Financing for the steel wheel roller will be provided through the City's lease- purchase financing program. Funds have been requested for FY 11 -12. This unit is a replacement to the fleet. ISSUE: The Street Department's base failure, utility cut repair and level -up crews require the use of a towable steel wheel roller to compact hot -mix asphalt used in street repair projects throughout the city. The useful life of the existing steel wheel roller has been exhausted. 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 : arrera Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 Attachments BACKGROUND INFORMATION The 4 -6 ton steel wheel roller will be used by the Street Department's base failure, utility cut repair and level -up crews to compact hot -mix asphalt used in street repair projects throughout the city. This unit is a replacement to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and /or electronic auctions. The steel wheel roller will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative- is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. Waukesha - Pearce Industries, Inc., Corpus Christi, Texas will be the local delivering and service dealer for the steel wheel roller. Purchasing the same steel wheel roller that was purchased in FY09 -10 allows for commonality of parts and attachments. In addition, operators and mechanics are trained and familiar with the equipment. When compared to the same steel wheel roller purchased in November of 2009, pricing has increased approximately 17.47 %. FUNDING: The steel wheel roller is scheduled for delivery in August 2011. Although payment for the steel wheel roller will not be made until after August 2011, three months of budgeted payments ($4,050.00) will be encumbered this year to support the award. The remaining funds required will be requested through the normal budget process. The steel wheel roller will be funded for a sixty month period with an estimated interest rate of 3.0 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $14,599.00. Total estimated cost over the five year period, including principal of $67,705.75 and interest of $5,289.25 is $72,994.80. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: REBECCA JEFFCOAT PRICE SHEET BOMAG 4 -6 TON STEEL WHEEL ROLLER TOTAL: $67,705.75 WAUKESHA - PEARCE INDUSTRIES, INC. CORPUS CHRISTI, TEXAS ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE 1 BOMAG BW5AS 4 -6 TON STEEL WHEEL ROLLER WITH TOWING PACKAGE 1 EA $67,705.75 $67,705.75 TOTAL: $67,705.75 _J 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04126/2011 AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $401,472 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 11 with a City cash match of $441,505, in -kind match of $14,019, and program income match of $9,224 for a total project cost of $866,220 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: The ATPA is soliciting applications for continuation grants for projects under the ATPA Fund. REQUIRED COUNCIL ACTION: Approval to submit the grant application. PREVIOUS COUNCIL ACTION: The City has been awarded an ATPA grant for 10 years. FUNDING: Year 10 of the grant requires at least a 20% match by the City that may be cash, in- kind, or program income. ATPA considers the three General Fund officers working in the Auto Theft Unit to be a cash match and operating expenses to be in -kind. In -Kind Contribution — copy machine, supplies, and office space 14,019 Cash contribution — travel expenses from grant program income 9,224 Cash Contribution - three General Fund Auto Theft officers salaries /fringe benefits 441,505 CONCLUSION AND RECOMMENDATION: Staff recommends submission of the grant application. D. Troy Rig Chief of Police troyracctexa s _ co r 886 -2603 Attachments: ✓ Grant application BACKGROUND INFORMATION The City of Corpus Christi is applying for Year 11 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvages yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 67% from 1,515 to 500 in 2010. The grant provides funds for one Lieutenant to supervise the Unit, two swom CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In -kind contributions in the amount of $14,019 include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who also work auto theft and auto burglary. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 15 years. The City must reapply each year because the ATPA requires a very dose review of performance and the grantee's ability to utilize the funds efficiently. Texas Department of Motor Vehicles APPLICATION FOR STATE ASSISTANCE AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY (ABTPA) (REV. 11109) 1. For ABTPA Use Only 3. a. Date Submitted 05/02/11 b. Applicant Identifier 2. State Program Classification (For ABTPA Use Only) 4. a. Date Received by State b. State Application Identifier 5. Applicant information a. Legal Name: CITY OF CORPUS CHRISTI POLICE DEPARTMENT b. Address (give street or P. O. Box, City, County, State, and Zip Code) 321 JOHN SARTAIN CORPUS CHRISTI, TX 78401 c. Organized Unit CORPUS CHRISTI AUTO THEFT TASK FORCE d. Name and telephone number of person to be contacted on matters involving this application (give area code) 361 -886 -2696 PAT ELDRIDGE 6. State Payee Identification Number: 17460000574 -01 7. Type of Applicant (enter the appropriate 0 A. State H. Independent B. County I. StateControlled C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Nonprofit G. Special District N. Other (specify): letter in box) School District Institution of Higher Learning Organization 8. Type of Application: ❑ New X Continuation ❑ Revision If Revision, check appropriate box(es). ❑ Increase Award • ❑ Decrease Award ❑ Other (specify) ❑ Increase Duration ❑ Decrease Duration 9. Name of Grantor Agency: Texas Automobile Burglary & Theft Prevention Authority 4000 Jackson Avenue Austin, Texas 78731 Phone: (512) 374 -5101 Fax: (512) 374-5110 Website: www.txwatchvourcar.com 10. Title of Project: CORPUS CHRISTI AUTO THEFT PREVENTION GRANT 11. Areas of Project Activities (Cities, Counties, States, etc.) CITY OF CORPUS CHRISTI NUECES COUNTY 12. Proposed Project Start Date: 09/01/11 Ending Date: 08/31/12 13. Is YES, (TRACS) for review X NO. application subject to review by state executive order this application was made available to the Texas on 12372 process? Review and Comment System covered by E. O. 12372 been selected by state for review Date ❑ Program is not ❑ Program has not 14. Funding Summary: Total of a, b, & c must agree with d. Note: Please enter whole dollars for the amounts requested. a. Total State Grant Funds $ 401,472 Requested (ABTPA) b. Cash Match $ 450,729 c. In -Kind Match $ 14,019 15. Is the applicant delinquent on any federal debt? ❑ YES If "Yes" attach an explanation NO d. TOTAL(s) $ 866,220 16. To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed name of Authorized Official b. Title c. Telephone Number Margie C. Rose Interim City Manager 361- 826 -3220 d. Signature of Authorized Official e. Date Signed A --1 RESOLUTION APPROVING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $401,472 TO THE AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT FOR YEAR 11 WITH A CITY CASH MATCH OF $441,505, IN -KIND SERVICES OF $14,019, AND A PROGRAM INCOME MATCH OF $9,224, FOR A TOTAL PROJECT COST OF $866,220 AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. 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 in the amount of $401,472 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 11 with a City cash match of $441,505, in -kind services of $14,019, and a program income match of $9,224, for a total project cost of $866,220 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Automobile Theft Prevention Authority. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 14, 2011 ..By:..... T. T 'iisha Dang Assistant City Attorney For City Attorney Reso - grant- AutoTheft3 —40— THE CITY OF CORPUS CHRISTI Joe Adame Mayor 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 Resolution Vote Sheet —41 1 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 0412612011 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $60,000 to the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services, and authorizing the City Managerordesigneeto apply for, accept, reject, alter, or terminate the grant. ISSUE: The purpose of the program is to make improvements to the quality and timely processing of forensic evidence that supports the reduction in the backlog of non -DNA evidence. BACKGROUND INFORMATION: The funds will be used for the enhancement of a Laboratory Information Management System or LIMS. The American Society of Crime Laboratory Directors Laboratory Accreditation Board (ASCLD/LAB) Accreditation Manual states that "A laboratory should have a management information system which provides information which assists the laboratory in accomplishing its objectives." The proposed enhancement will provide an interface between the LIMS system and the Police Departments Record Management System known as I- LEADS. This interface will allow all data and reports to be shared between the two systems thereby saving valuable analyst time in duplicate data entry. The LIMS provides the laboratory management with meaningful statistical data such as caseload distribution, case tum- around time and information which is helpful in budgetary planning and allocation of personnel and resources. However, due to a current lack of interface between LIMS and I- LEADS, much time is spent on tedious data entry. The LIMS provides the following functionality: • Chain of custody management for evidence submittal and transfer. • Integrated document management system allowing the storage, management and control of all documents associated with the investigation. • Integration of analytical instruments and equipment to speed up data entry and reduce transcription errors. • Automation of processes that improves efficiency by freeing analyst lime for valuable analytical and investigatory work. • Full traceability of all data and information generated within the system including full audit trail functionality and support for electronic signatures. • Support for required regulations and accreditation with the ability to record and manage analyst certifications. • Resource planning and scheduling functionality including the ability to look at backlogs and work outstanding to ensure maximum value is gained from valuable laboratory resources. • System security, including support for password definition and management as well as full role definition and control of access to specific functionality. REQUIRED COUNCIL ACTION: Approval to submit the grant. FUNDING: No match is required by the City. Grant - funded projects will begin on or after October 1, 2011, and will expire on or before June 30, 2012. CONCLUSION AND RECOMMENDATION: Staff recommends su Attachments: -45- ng the grant. D. Troy Riggs Chief of Polic 886 -2603 Trovr�a7cctexas.corn RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $60,000 TO THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION (CJD) OF THE GOVERNOR'S OFFICE FOR FUNDING AVAILABLE UNDER THE COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANT PROGRAM TO IMPROVE THE QUALITY AND TIMELINESS OF FORENSIC SCIENCE AND MEDICAL EXAMINER SERVICES, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $60,000 to the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services. SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division (CJD) of the Governor's Office funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division (CJD) of the Governor's Office in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 14, 2011 By: - -- - -- .isDang - - - - -- Assistant City Attorney For City Attorney Joe Adame Mayor 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 Resolution Vote Sheet —47— 1 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 26, 2011 AGENDA ITEM: Ordinance appropriating $5,000 of American Bank Center Naming Rights Revenue in the Fund No. 1020 General Fund; approving the transfer of $5,000 from the Fund No. 1020 General Fund to. the Fund No. 4710 Visitors Facilities Fund; appropriating $5,000 in the Fund No. 4710 Visitors Facilities Fund; and changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase revenues and appropriations by $10,000 each. ISSUE: In October 2004, a "Naming Rights" agreement for the City of Corpus Christi's Arena, Convention Center, and Selena Auditorium complex (known as the "American Bank Center ") was entered into between SMG and American Bank, N.A. The term of the agreement was for 10 years with $175,000 being paid by American Bank to SMG on or before November 1, 2004. Because the American Bank Center was financed using tax - exempt bonds, the City's bond counsel advised us that in accordance with the Internal Revenue Service's private letter ruling regarding naming rights, the naming rights proceeds, once received by SMG, need to be given to the City, deposited in the City's bank account, and used for general governmental purposes. The City budgeted this revenue in the General Fund for fiscal year 2010 -2011 and also budgeted this same amount to be transferred to the Visitors' Facility Fund so that the naming rights revenue could be used for general purposes for the American Bank Center. Since fiscal year 2004 -2005, $175,000 has been received by SMG from American Bank for the naming rights, and SMG has, in turn, turned this revenue over to the City. The same amount was received for 5 years. Beginning in the 6th year of the "Naming Rights" agreement (fiscal year 2010- 2011), $1 80,000 was received by SMG. Since the City of Corpus Christi was not a part of the "Naming Rights" agreement, we were unaware of the increase in the sixth year. Therefore, the City budgeted $175,000 as Naming Rights revenue in the General Fund for fiscal year 2010 -2011. This agenda item will appropriate the additional $5,000 inthe General Fund; will approve the transfer to the Visitor's Facility Fund; and will appropriate the additional funds inthe Visitor's Facility Fund so that it could be used for general purposes for the American Bank Center. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance as presented. Constance P. Sanchez, CPA, CPM Interim Director of Financial Services ConstanceP@cctexas.com (361) 826 -3227 Page 1 of 2 ORDINANCE APPROPRIATING $5,000.00 OF AMERICAN BANK CENTER NAMING RIGHTS REVENUE IN THE FUND NO 1020 GENERAL FUND; APPROVING THE TRANSFER OF $5,000 FROM THE FUND NO. 1020 GENERAL FUND TO THE FUND NO. 4710 VISITORS FACILITIES FUND; APPROPRIATING $5,000 IN THE FUND NO. 4710 VISITORS FACILITIES FUND; AND CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO INCREASE REVENUES AND APPROPRIATIONS BY $10,000 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $5,000 of American Bank Center Naming Rights revenue in the Fund No. 1020 General Fund is appropriated and $5,000 from the Fund No. 1020 General Fund is transferred from the Fund No. 1020 General Fund to the Fund No. 4710 Visitors Facilities Fund, and $5,000 in the Fund No. 4710 Visitors Facilities Fund is appropriated. SECTION 2. That the FY 2010 -2011 operating budget adopted by Ordinance 028683 is changed to increase revenues and expenditures by $10,000 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 takes effect upon first reading as an emergency measure this the day of April, 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form By: o..-, CITY OF CORPUS CHRISTI Joe Adame Mayor 2011 Lisa Aguil Assistant City Attorney For City Attorney H:1LEG- DIRILisa120•1 Ordinance\ORD- appropABC- VisitorsFund.doc —52— 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 :1L E G -D I R\L i s a 12 Q 11 O rd i n a n celORD -app ro pAB C -V I s i to rs F u n d. d o c —53— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4/26/11 AGENDA ITEM: C) RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT AN ANONYMOUS DONATION IN THE AMOUNT OF $300,000 FOR SUPPORT OF THE DECORATIVE LIGHTING OF THE HARBOR BRIDGE PROJECT. D) ORDINANCE APPROPRIATING $300,000 FROM AN ANONYMOUS DONATION INTO THE NO. 1020 GENERAL FUND FOR SUPPORT OF THE DECORATIVE LIGHTING OF THE HARBOR BRIDGE PROJECT; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO INCREASE REVENUES AND APPROPRIATIONS BY $300,000 EACH; AND DECLARING AN EMERGENCY ISSUE AND BACKGROUND: On December 7, 2010 City Council approved a resolution authorizing the City Manager to execute a three party agreement between TXDOT, the Port of Corpus Christi, and the City of Corpus Christi. On April 19, 2011 City Council approved a resolution authorizing the city manager to execute Amendment #1 to the Advance Funding Agreement, which has also been approved by the Port of Corpus Christi, to factor in this donation. This agenda item accepts a anonymous donation in the amount of $300,000 and appropriates those funds to the General Fund for support of the Decorative Lighting of the Harbor Bridge Project to be paid to TXDOT for this project. The city will then send TXDOT a check in the amount of $598,000 by the end of April, which will include BOTH the $300,000 donation and the $298,000 cost share previously approved by Council on December 7, 2010. The project is expected to be completed by November 2011. REQUIRED COUNCIL ACTION: Adopt an ordinance appropriating $300,000 from an anonymous donation to be paid out to TXDOT for the Decorative Lighting of the Harbor Bridge Project. PREVIOUS COUNCIL ACTION: Approval of Local Transportation Advance Funding Agreement on December 7, 2010 and executed by the City Manager on December 17, 2010 and approval of the Advance Funding Agreement Amendment #1 on April 19, 2011. Amendment #1 is to be signed once this agenda item accepting and appropriating this $300,000 donation is approved by Council. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the transfer of funds from an anonymous donation to the City for support of the Decorative Lighting of the Harbor Bridge Project. Margie - . Rose Interim City Manager margierncctexas.com 361 -826 -3228 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT AN ANONYMOUS DONATION IN THE AMOUNT OF $300,000 FOR SUPPORT OF THE DECORATIVE LIGHTING OF THE HARBOR BRIDGE PROJECT. 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 accept an anonymous donation in the amount of $300,000 for the support of the Decorative Lighting of the Harbor Bridge Project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: April 22, 2011 Carlos Valdez City Attorney 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 ORDINANCE APPROPRIATING $300,000 FROM AN ANONYMOUS DONATION INTO THE NO. 1020 GENERAL FUND FOR SUPPORT OF THE DECORATIVE LIGHTING OF THE HARBOR BRIDGE PROJECT; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO INCREASE REVENUES AND APPROPRIATIONS BY $300,000 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That $300,000 from an anonymous donation is appropriated into the No. 1020 General Fund for the support of the Decorative Lighting of the Harbor Bridge Project. SECTION 2. That the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 is changed to increase revenues and expenditures by $300,000 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 the 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 AS TO FORM: April 22, 2011 Carlos Valdez 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 9 AGENDA MEMORANDUM April 26, 2011 SUBJECT: Amendment No. 5 Task Order 9 -- Runway Alternative Study — Safety Risk Management Assessment (Project Number E10076) AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Amendment No. 5 to the professional engineering services contract with Jacobs Engineering Group, Inc. of Ft. Worth, Texas in an amount not to exceed $74,323.00 for a restated not to exceed total fee of $1,061,960.50 for the Corpus Christi International Airport Task 8 Runway Alternative Study — Safety Risk Management Assessment for the Corpus Christi International Airport. (Project Number El 0076) CONSULTANT SELECTION /PROJECTS: The City selected Jacobs Engineering Group to provide Airport engineering services through an RFP for a multi -year service agreement for up to five years. The agreement is amended to authorize additional projects as funding becomes available from the FAA. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. FAA grant regulations do not permit the use of a local participation requirement in the selection of consultants. The local engineering services sub - consultant on the projects will be LNV Engineering, Inc. of Corpus Christi, Texas when local services are required. FUNDING: Funding is being supplied on an interim basis by available Aviation CIP Funds pending receipt and appropriation of FAA Grant Funds. The FAA Grant that is pending receipt will provide 95% of the funding for this contact. RECOMMENDATION: Approval of the motion as presented. Fred S Director of Aviation 361 - 289 -0171 ext. 1213 freds(a7cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit A. Exhibit B. Exhibit C. Background Information Contract Summary Location Map Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 petean(a7cctexas.com H:IHOMEIKEVINSIGENIAIR Jestored12009ImprovementskAE1AEAmd5MemoTask9RunwayAlternative.doc —65— BACKGROUND INFORMATION SUBJECT: Amendment No. 5 Task Order 9 — Runway Alternative Study — Safety Risk Management Assessment (Project Number E10076) TASK DESCRIPTION: The FAA and CCIA desire to improve safety associated with runway incursions that have occurred near the approached of Runway 31 and 35. Prior effort to address safety improvements has included: • safety mitigation markings; • installation of nonstandard markings with FAA approval; • rehabilitation of markings; • signage rehabilitation; • pavement resurfacing; and • development of a "HOT Spot" alert diagram. The FAA requires a Safety Risk Management Assessment to be approved prior to significant changes to an airport. This must be accomplished through the approval of Safety Risk Management Decision Document. Issues that are associated with Airport Traffic Control Tower site location or line of sight issues normally require simulation and assessment at the FM Facility in New Jersey. Such a simulation requires two to three site visits at a cost of $100,000 per session. FM has recommended that Jacobs Engineering staff is capable of performing a limited assessment at the Corpus Christi International Airport that will meet the FAA Safety Risk requirements. CONTRACT SUMMARY: The Consultant will develop the Baseline Model, document and validate the Simulated Model Assessment, and deliver the individual controller assessments, data results and exhibits for the Safety Risk Management System /Safety Risk Management Panel. A contract summary is attached as Exhibit B. FUNDING: Funding is being supplied on an interim basis by available Aviation CIP Funds pending receipt and appropriation of FAA Grant Funds. The FAA Grant that is pending receipt will provide 95% of the funding for this contact. TIME OF COMPLETION: The contract estimates the report will be completed during August of 2011. BOARDICOMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. RECOMMENDATION: It is recommended Council approve the motion as presented. FUTURE COUNCIL ACTIONS: Approval of additional engineering and construction contracts as may be necessary. H:I HOME\ KEVINSIGENIAIR _restored12009Improvernents AEb4> 1dSBkgExhA.doc Exhibit A Page 1 of 1 CONTRACT SUMMARY Section 1. SCOPE OF PROJECT — Planning and Architecture /Engineering Services for City of Corpus Christi — Corpus Christ international Airport is amended by the addition one (1) Projects authorized by this amendment: Exhibit "A -0" — Task Order 9 -- Runway Alternative Study — Safety Risk Management Assessment. Section 2. ORDER OF SERVICES is amended to add the following paragraphs to address Exhibit "A -9 " ": 2. ORDER OF SERVICES The anticipated schedule of the Task Order 9 is shown on Exhibit "A -9 ". 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 Aviation. Section 4. FEE is amended by the additional fees for Task Order 9 as set forth: 4. FEE The amendment authorizes an additional fee not to exceed $74,323.00 for a restated total of $1,061,960.50. The additional fees authorized by this amendment are: For Task Order No. 9, the CITY will pay the A/E a fee, as described in Exhibit "A -9 ", for providing services authorized, a total lump sum amount of $67,487.00 for Basic Services and a Reimbursable Allowance, not to exceed amount of $6,836.00, (in words) for Additional Services. EXHIBIT "A -9" The FAA requires the assessment of significant changes to an airport to conduct a Safety Risk Management Assessment that will be approved through a Safety Risk Management Decision Document. Issues associated with Airport Traffic Control Tower siting or line of sight issues, require simulation and assessment at the FAA AFTIL Facility in New Jersey. Two to three trips are usually required at an approximate cost of $100,000 per session, according to the FAA. The FAA has suggested that Jacobs Engineering experienced staff could perform a limited assessment locally at the Corpus Christi Airport, which would meet the FM's Safety Risk requirements. Task 1 • Project Management During the course of this project, Jacobs will conduct all necessary project management tasks including: • Project Kickoff Meeting • Progress Meetings (Monthly) • Investigational Site Visits • Status Report (Monthly) • Telecon/Webex Meetings (Weekly) • Prepare Meeting Minutes • Prepare Work Plan • FAA Coordination H:1 KevinslGenlAir _restored120Q91mprovementslAE AEAmd5TaskOrder9 —67— EXHIBIT "A -9" Page 1 of 4 Exhibit B Page 1 of 4 Page 1 of 4 Deliverables to be included in this task: • Meeting minutes from kickoff and progress meetings • Work plan including: project schedule, fist of deliverables, deliverable schedule, and communication plan Task 2 • Baseline Model Development • Airfield Area Reconnoscence • Target Vehicle PhotoNideo Acquisiton Processing • Site Panoramic Photo Nideo Acquisition & Processing • Aircraft Modeling & Data • Vehicle Modeling & Data • ATCT Cab Diagrams, Photo /Video & Processing • Airfield /ALP Diagram • Military Modeling & Data • Flight Track Acquisition, Monitoring & Logging • Flight Variance Assessment • Model & Flight Track Development • Baseline Model Validation & Accuracy • Baseline Model Demo • Baseline Model Adjustments • Controller Interviews & Reports • Sunlight / Daylight Assessment • Artifice! Lighting - Airfield / Terminal Lighting • Atmospheric Conditions/Turbulence • Interior Physical Barriers • Technical Memorandum Preparation • Incorporate Comments & Submit Deliverables to be included in this task: Technical memorandum documenting the model requirements, development and validation. Task 3 • Simulated Model Assessment • Test Plan Development • Controller Pre - Briefings • Visual Performance - Discrimination • Line of Sight - Angel of Incidence • Two Point Discrimination • Controller Reports and Debriefing • Airspace Analysis • SMS / SRM Data Development & Documentation • Prepare Technical Memorandum • Briefings & Comments • Incorporate Comments & Submit H:1Kevins IGen W ir_ restored120091mgrovementslAE IAEAmd5Taskorder9 -68- EXHIBIT "A -9" Page 2 of 4 Exhibit B Page 2 of 4 Page 2 of 4 Deliverables to be included in this task: Technical memorandum documenting the individual controller assessments, data results, and exhibits Task 4 • Safety Management System / Safety Risk Management Panel • Reports • Briefings • Exhibits and Demonstration of Simulation • Prepare Technical Memorandum • Incorporate Comments & Submit TASK ORDER NO. 9 SCHEDULE Date ACTIVITY May 11, 2011 Project Kick Off May 11, 2011 Begin Baseline Model Development June 10, 2011 Submit Technical Memorandum June 16, 2011 Submit Final Technical Memorandum June 16, 2011 Begin Simulated Model Assessments June 22, 2011 Submit Final Technical Model Memorandum June 25, 2011 Begin Safety Management Risk & Safety Risk Model (SMR /SRM) August 15, 2011 Submit Technical Memorandum for SMR /SRM August 24, 2011 Submit Final Technical Memorandum TASK ORDER NO. 9 FEES Fee for Basic Services - Time & Material NTE 1. Runwa Alternative Stud - SRM $87,487 2. MM. Subtotal Basic Services Fees N $67,487 Fee for Additional Services Allowance Not to Exceed H:1 KevinsiGenlAir__ restored12o09improvements \AE\AEAmd5TaskOrder9 -69- Exhibit B Page 3 of 4 Page 3 of 4 . Permit Preparation (as Applicable) • Railroads • TXDOT • Wetlands Delineation and Permit • Temporary Discharge Permit • NPDES Permit/Amendments • TNRCC • Nuesces County • Texas Historical Commission • U.S Fish and Wildlife Service • U.S. Army Corps of Engineers • U.S. Environmental Protection Agency • Texas Department of License and Regulation Total Permitting 0 2. ROW Acquisition Survey (AUTHORIZED) 0 3 3. Topographic Survey (AUTHORIZED) 0 4. Environmental Issues 0 5. Construction Observation Services 0 6. Start --up Services 0 7. Warranty Phase 0 8. Provide SCADA Documentation 0 10. Direct Expenses $6836 j Sub -Total Additional Services Fees Authorized (Not To Exceed) $67,487 Total Authorized Fee $74,323 H:\KevinsJGerMir_ restored\ 2o09improvementslAMAEAmd5TaskOrder9 -70- Exhibit B Page 4 of 4 Page 4of4 Fife : \ Mproject \councifexhibits \exhE10078b.dwg ARAECES F.M. 624 RlyE- R 41111111111,%, , ROAD �� Ch °nne/ EVEN /9N1 AAVAN MCGLOfN RD. fie\ w PaNr' L °ASV , b �i �0� TOLL /He �r CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE BOCKHOLT RD MCGLOIN ROAD PROJECT # E10076 BEAR LANE EXHIBIT TASK ORDER 9 - RUNWAY ALTERNATIVE STUDY - SAFETY RISK ASSESSMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5 -10 -2011 III/ MIMI looPlansoftow 11 10 AGENDA MEMORANDUM April 26, 2011 SUBJECT: Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades (Project No. E10075) AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Amendment No. 29 to the professional engineering contract for design and construction management/inspection services with Pierce Goodwin Alexander Linville (PGAL), Inc., of Houston, Texas in the amount of $503,127.42 for a restated not to exceed total contract amount of $4,750,927.50 for the Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades (Project No. E10075). ISSUES: Council must authorize the execution of the contracts in excess of $50,000.00. The project requires award of a professional engineering contract to: • provide the design services to produce the plans, specifications, bid and contract documents to award a construction contract; and • provide construction management and inspection services during construction to ensure the project is constructed in accordance with the plans, specifications and contract documents. FUNDING: Funding is being supplied on an interim basis by available Aviation CIP Funds pending receipt and appropriation of FAA Grant Funds. The FAA Grant that is pending receipt will provide 95% of the funding for this contact. RECOMMENDATION: Approval of the motions as presented. Fred Segundo Director of Aviation 361 -289 -0171 ext. 1213 fredsAcctexas. com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B Previous Actions Exhibit C. Amendment Summary Exhibit D. Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 peteanAcctexas.com H:I HOMEI KEVINSIGENIAIR restored12004improvements \AE- PGALIAEAmd29Memo.doc —75— Page 1 of 1 BACKGROUND INFORMATION SUBJECT: Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades (Project No. E10075) AMENDMENT SUMMARY: The amendment provides for design of Perimeter Road security upgrades, primary backup generator upgrades, upgrades to commercial aviation apron lighting, and replacement of existing poles and luminaries with new hinged poles. The design program will result in development of plans, specifications, bid and contract documents suitable to secure bids for the improvements as a single project. Construction management/inspection services are included as part of the amendment. These services include a project manager (architect/engineer), full time on site civil inspector, clerical /technical support, and all tasks necessary to complete the project. LNV Engineering, Inc. of Corpus Christi, Texas will provide the full time on site civil inspector which represents 51% of the fee for construction management/inspection services. A contract summary is attached. See Exhibit B. FEE: The proposed fee consists of Basic Services in the amount of $169,636.62 and Additional Services in the amount of $333,490.80. Basic services represent 8.68% of the estimated construction costs. FAA has reviewed the contract fee and is in concurrence with the proposed fee. PROJECT DESCRIPTION: The project will result in the construction of Perimeter Road security upgrades, primary backup generator upgrades, upgrades to commercial aviation apron lighting, and replacement of existing poles and luminaries with new hinged poles. FUNDING: Funding is being supplied on an interim basis by available Aviation CIP Funds pending receipt and appropriation of FAA Grant Funds. The FAA Grant that is pending receipt will provide 95% of the funding for this contact. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. FUTURE COUNCIL ACTION: Council will be requested to authorize: • engineering materials inspection and laboratory testing if required; • future professional engineering contract amendments that may require Council approval; • award of the construction contract; and • change orders that may require Council approval. H: 1HOMEIKEVINS\ GENIAIR _restored120041mprovements\AE P 6. EAmd29BkgExhA.doc Exhibit A Page 1 of 1 PRIOR ACTIONS PRIOR COUNCIL ACTIONS: The Council awarded a multi -year contract for architectural/engineering services to Pierce Goodwin Alexander and Linville (PGAL) of Houston, Texas in 2004 in accordance with the required FAA selection procedures. Compliance with FAA regulations in the selection, award, contracting and payment procedures is necessary to receive FAA funding. FAA grants traditionally paid 80% of the capital cost of eligible projects. FAA is currently paying 95% of the eligible project costs. Specific actions previously taken by Council in regard to the contract with PGAL were: June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute an architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $1,375,025 for multiple Airport Improvement Projects including Runway 13/31 Rehabilitation, Overlay, Blast Pads, Shoulders and Edge Lighting; Airfield Drainage Improvements Ph. 3; Runway 13 Localizer Relocation; and the CCIA Master Plan Update (Motion No. 2004 -224); August 29, 2006 — a. Ordinance Appropriating $376,950 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for Professional Services Associated with Engineering and Design of the West GA Apron and Drainage Improvements, Phase V at Corpus Christi International Airport; Funds will be Reimbursed upon Award of Federal Aviation Administration Grant 38; Amending FY 2006 -2007 Operating Budget Adopted By Ordinance No. 026908 to Increase Appropriations by $376,950; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $376,950 for the Corpus Christi international Airport West General Aviation Apron Rehabilitation and Drainage Phase V Improvement Projects (Motion No. 2006 -272); December 12, 2006 — a. Ordinance Appropriating $75,000 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for Professional Services for a Benefit / Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31 at Corpus Christi International Airport; Funds will be Reimbursed upon Award of Federal Aviation Administration Grant 38; Amending FY 2006 -2007 Operating Budget Adopted by Ordinance No. 026908 to Increase Appropriations by $75,000; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to the architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $75,000 for a Benefit / Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31 (Motion No. 2006 -399). July 10, 2007 — Motion authorizing the City Manager, or his designee, to execute Exhibit B Page 1 of 5 —77— Amendment No. 11 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $327,000 for the Corpus Christi international Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects (Motion 2007 -176); August 19, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $374,065 for a restated not to exceed total fee of $2,629,069 for the Corpus Christi International Airport Airfield Perimeter Road Improvements, Airport Rescue and Firefighting Facility and Airfield Equipment and Maintenance Facility (Motion 2008 -221); October 21, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects for construction management and inspection (Motion No. 2008 -273); January 13, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 18 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $175,987.00, for a restated not to exceed total fee of $3,073,820.80 for the Corpus Christi International Airport for the Airfield Equipment and Maintenance Facility for engineering design, bid and construction phase services (Motion 2009 -004); July 14, 2009 - Motion authorizing the City Manager, or his designee, to execute a construction contract for the Base Bid, including allowance, and Additive Alternatives 1 -- 2 with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount not to exceed $2,053,000.00 for the Corpus Christi international Airport for the Airfield Equipment and Maintenance Facility (Motion 2009 -192); September 8, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 23 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $212,150.00, for a restated not to exceed total fee of $3,310,747,60 for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034 (Motion 2009 -246); December 8, 2009 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 24 to the engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $100,023.50, for a restated not to exceed total fee of $3,410,771.10 for additional construction management and inspection services, which was requested by FAA, for the Corpus Christi International Airport Airfield Equipment and Maintenance Facility Project #10028, Air Rescue Fire Fighting Building Improvements Project #10025, Terminal Re- Roofing Project (Old Wing) 2008 Project #10026, Toll Plaza Foundation Repairs, and Terminal Building Addition of Chiller No. 3 Project #10034 (Motion 2009- 340); and Exhibit B Page 2 of 5 —78— April 27, 2010 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 25 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $517,000.00, for a restated not to exceed total fee of $3,927,771.10 for design, bid and construction phase services for a new Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility. (Project #10030) (Motion 2010 -097). July 20, 2010 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 26 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $97,087.83, for a restated not to exceed total fee of $4,024,859.13 for additional construction management and inspection services for Taxiway Rehabilitation Project No. 10019, Taxiway Signage /Lighting Project No. 10020, Airfield Drainage Phase 6 Project No. 10021, and Airfield Perimeter Road Improvements Project No. 10027. (Motion 2010 -177) December 14, 2010 - Motion authorizing the City Manager, or his designee, to ratify services provided and to execute Amendment No. 27 to the professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. of Dallas, Texas (PGAL) in an amount not to exceed $59,932.95, for a restated not to exceed total fee of $4,084,792.08 for additional construction management and inspection services for Airfield Equipment, Storage and Maintenance Facility Project No. 10068. (Motion 2010 -302). February 8, 2011 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $5,525,000.00 for the Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility for the Total Base Bid Project #10030 (Motion 2011- 040). March 22, 2011 - Motion authorizing the City Manager, or designee, to execute Amendment No. 28 to the professional engineering contract with Pierce, Goodwin, Alexander & Linville (PGAL), Inc., of Houston, Texas in the amount of $163,008.00 for the Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility for Project Management and Inspection Project #10030 (Motion 2011 -066). PRIOR ADMINISTRATIVE ACTIONS: September 13, 2005 — Administrative award of Amendment No. 1 to PGAL for engineering services in the amount of $6,340.00 to provide drawings, plans and specifications and change order coordination for repair of runway pavement damage repair caused by contractor's pipe jacking and boring operations by placing pipe at two locations by the open cut method. February 16, 2006 - Administrative award of Amendment No. 2 for engineering services to PGAL in the amount of $4,785.00 for design a runway guard light system to be constructed on Taxiway "A" at the approach end of Runway 31 and 35 to be constructed via a change order to be negotiated with the City's Runway 13/31 Rehabilitation contractor. Exhibit B Page 3 of 5 —79— April 18, 2006 - Administrative award of Amendment No. 3 for engineering services to PGAL in the amount of $4,785.00 for design grade adjustments to improve drainage and eliminate slope criteria deficiencies at ends of Runway 13/31 within the RSA. May 19, 2006 - Administrative award of Amendment No. 4 for engineering services to PGAL in the amount of $22,658.00 for design services necessary for open cutting of Taxiways A, B, D and E for storm sewer crossing originally specified to be bored. Work was associated with Change Order No. 7 and funds for the boring were deleted from the contractor's contract price. September 11, 2006 - Administrative award of Amendment No. 6 for engineering services to PGAL in the amount of $22,000.00 for providing the services of a title company to research and provide descriptions of all easements and other encumbrances that may affect the development of the Master Plan Update or future land use. May 15, 2007 - Administrative award of Amendment No. 9 for engineering services to PGAL in the amount of $8,000.00 for two Master Plan presentations (Planning Commission and City Council). June 14, 2007 - Administrative award of Amendment No. 10 for engineering services to PGAL in the amount of $5,610.00 for design services to effect immediate repairs to the downstream headwall for Drainage Line MD -1 to repair erosion and other damage to secure the area from further damage through a change order to the Runway 17 -35 Improvements. March 27, 2008 — Administrative award of Amendment No. 12 for engineering services to PGAL in the amount of $9,336.00 for a boundary survey required as part of Airfield Drainage Phase VI suitable for the City to acquire either in whole or a portion of a 15,858 -acre tract of land that will be crossed by the realignment of Main Ditch 1 (MD -1). April 10, 2008 - Administrative award of Amendment No. 13 for engineering services to PGAL in the amount of $1,500.00 to revise bid, contract, and project documents to include additive alternate bid documents for Phase VI Drainage based upon the request of the Federal Aviation Administration and the City. April 28, 2008 — Administrative award of Amendment No. 14 for engineering services to PGAL in the amount of $14,100.00 for Conceptual Planning Services for the proposed redevelopment of the Rental Automotive Car (RAC) Facilities at CCIA. December 5, 2008 — Administrative award of Amendment No. 17 for engineering services to PGAL in the amount of $9,020.00 for additional design phase services for the CCIA Drainage Phase 6 Improvements. September 9, 2008 — Administrative Award of contract for geotechnical services to Professional Services Industry in the amount of $7,005.00 for the Corpus Christi International Airport Equipment and Maintenance Facility Building. March 9, 2009 - Administrative award of Amendment No. 19 for engineering services to PGAL in the amount of $1,750.00 telecommunications consulting services for the CCIA Airfield Equipment and Maintenance Facility. March 9, 2009 - Administrative Award of contract for Amendment No. 1 for geotechnical services to Professional Services Industries in the amount of $787.00 for a restated not to exceed fee of $7,792.00 for the Corpus Christi International Airport Equipment and Maintenance Facility Building.. March 31, 2009 - Administrative award of Amendment No. 20 for engineering services to PGAL in the amount of $5,676.00 for field utility location and survey services Exhibit B Page 4 of 5 —80— consulting services for the CCIA Airfield Equipment and Maintenance Facility. June 18, 2009 - Administrative award of Amendment No. 21 for engineering services to PGAL in the amount of $17,350.00 to prepare plans, specifications, bid and contract documents for Taxiway B4 Widening as a standalone construction project. August 20, 2009 - Administrative award of Amendment No. 22 for engineering services to PGAL in the amount of $ -0- for Construction Management and Inspection (CMI) services for the CCIA Perimeter Road Improvements project (CC PN 10027). August 20, 2009 - Administrative Award of contract for engineering materials inspection and testing services to Profession Services Industries in the amount of $43,306.00. Exhibit B Page5of5 —81— CONTRACT SUMMARY PGAL will provide Task Order Basic Design and Additional Services for Construction Management and Inspection services for twelve (12) calendar months for the scheduled duration of construction for the following project: • Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades- Project No. E10075 The amendment provides for design of Perimeter Road security upgrades, primary backup generator upgrades, upgrades to commercial aviation apron lighting, and replacement of existing poles and luminaries with new hinged poles. The design program will result in development of plans, specifications, bid and contract documents suitable to secure bids for the improvements as a single project. Construction management/inspection services are included as part of the amendment. These services include a project manager (architect/engineer), full time on site civil inspector, clerical /technical support, and all tasks necessary to complete the project. C. Summary of Fees _82_ Exhibit C Page 1 of 5 Total Original Contract Total Authorized Fee (Runway 13/31, Drainage Ph. 3, Airport Beacon Relocation & Master Plan Update) $1,375,025 Amendment No. 1 0 Pavement Repair Design Services 6,340 Amendment No. 2 0 Runway Guard Light System Design Services 4,785 Amendment No. 3 0 Drainage and Slope Grade Deficiency Corrections 6,700 Amendment No. 4 0 Open Cut and Repair Taxiways A, B, D & E Design 22,658 Amendment No. 5 0 West General Aviation Apron Rehabilitation 236,907 Drainage Phase V 140,043 Amendment 5 Fee 376,950 Amendment No. 6 0 Title Research 22,000 Amendment No. 7 0 Benefit Cost Analysis Extending 13/31 75,000 Amendment No. 8 p BCA Extend 13/31 Additional Presentations 8,000 Amendment No. 9 0 _82_ Exhibit C Page 1 of 5 Master Plan -- Additional Presentations 8,000 BCA Extend 13/31 Additional Presentations -8,000 Amendment No. 10 0 Drainage Line MD -1 Repairs 5,610 Amendment No. 11 0 Taxiway System Rehabilitation, and 0 Total Taxiway Rehabilitation Fee 94,000 Taxiway System SignagelLighting Rehabilitation 0 Total TW Signage/Lighting Fee 50,000 Drainage Improvements Phase VI 0 Total Drainage Ph. Vi Fee 183,000 Total Fee Amendment No. 11 327,000 Amendment No. 12 0 Additional Services: 0 Surveying 9,336 Total Fee Amendment No. 12 9,336 Amendment No. 13 0 Bid Phase Services — Revise Drainage Phase VI as Additive Alternate 1,500 Total Fee Amendment No. 13 1,500 Amendment No. 14 0 Conceptual Planning — Rental Car Facilities 14,100 Total Fee Amendment No. 14 14,100 Amendment No. 15 Perimeter Road Improvements 0 Basic Services: 0- Preliminary Phase Services 6,000 Design Phase Services 92,900 Bid Phase Services 3,026 Construction Phase Services 26,590 Additional Services 0 Surveying 50,505 Total Perimeter Road Improvements 179,021 Airport Rescue and Firefighting Facility Basic Services: 0 Preliminary Phase Services 2,600 Design Phase Services 0 Pavement Design & Documentation 70,000 Building Design and Documentation 53,900 Bid Phase Services 3,000 Exhibit C Page 2 of 5 -83- Construction Phase Services 25,012 Additional Services: 0 Surveying 15,532 Total Airport Rescue and Firefighting Facility 170,044 Equipment Airfield Equipment and Maintenance Facility Basic Services: Preliminary Phase Services (Scope and Site Location — 15% Design) 25,000 Airfield Equipment and Maintenance Facility 25;000 Total Fee Amendment 15 374,065 Amendment 16 Construction Phase Services 41,457.00 Construction Inspection 218,287.80 Total Fee Amendment No. 16 259,744.80 Amendment No. 17 Design Phase Services 9,020 Total Amendment No. 17 9,020 Amendment No. 18 Equipment Airfield Equipment and Maintenance Facility Basic Services: Design Phase Services 146,446 Bid Phase Services 3,000 Construction Phase Services 26,541 Total Amendment No. 18 175,987 Amendment No. 19 Telecommunications Design for Airfield Equipment & Maintenance Facility 1,750 Total Amendment No. 19 1,750 Amendment No. 20 Subsurface Utility Excavation — Backhoe & Crew at $197.50 per hour -- Not to Exceed 16 Hours. 3,160 Surveying Crew @ $125.00 per hour— Not to Exceed 16 Hours. 2,000 PGAL Administration & Coordination 516 Total Amendment No. 20 5,676 Amendment No. 21 Taxiway B4 Widening Design Phase Services — Preparation of Plans, Specifications, Bid and Contract Documents 6,200 Bid Phase Services 5,350 Construction Phase Services 5,840 Total Amendment No. 21 17,350 _84_ Exhibit C Page 3 of 5 Amendment No. 22 Perimeter Road Improvements Additional Services: Construction Management and Inspection 0 Total Amendment No. 22 0 TOTAL AUTHORIZED FEE 3,098,596.80 Amendment No. 23 Airfield Equipment and Maintenance Facility, ARFF Improvements, CCIA Terminal Re- Roofing Project (Old Wing) 2008, Toll Plaza Foundation Repairs, and Chiller Installation Additional Services — Construction Management and Inspection 212,150.80 Total Amendment No. 23 212,150.80 Amendment No. 24 Airfield Equipment and Maintenance Facility, ARFF Improvements, CCIA Terminal Re- Roofing Project (Old Wing) 2008, Toll Plaza Foundation Repairs, and Chiller Installation Additional Services — Construction Management and Inspection 100,023.50 Total Amendment No. 24 100,023.50 Amendment No. 25 Rent Car Quick Turnaround Facility Phase 1 — Concept Design 118,000 Phase 2 — Final Design 235,000 Phase 3 — Construction Services 105,000 Business and Financial Assistance Services 26,000 Reimbursable Expenses 33,000 Total Amendment No. 25 517,000 Amendment No. 26 Taxiway Rehabilitation Project No. 10019; Taxiway Signage /Lighting Project No. 10020; Airfield Drainage Phase 6 Project No. 10021; and Airfield Perimeter Road Improvements Project No. 10027. Additional Services — Construction Management and Inspection 97,087.83 Total Amendment No. 26 97,087.83 Amendment No. 27 Airfield Equipment, Storage & Maintenance Facility Project No. 10068. Additional Services — Construction Management and Inspection 59,932.95 Total Amendment No. 27 59,932.95 Amendment No. 28 Corpus Christi International Airport Consolidated Rent Car Quick Turn Around Facility Project No. 10031 Total Amendment No. 28 163,008.00 Amendment No. 29 Exhibit C Page 4 of 5 —85— Corpus Christi International Airport Communications Center, Perimeter Security, Standby Generator and Commercial Aviation Apron Lighting Upgrades- Project No. E10075 Basic Services -- Design 169,636.62 Additional Services: Topographic Surveying 20,000 Underground Utility Engineering 14,000 Project Management /Inspection 299,490.80 Total Amendment No. 29 503,127.42 TOTAL AUTHORIZED FEE 4,750,927.50 _86_ Exhibit C Page 5 of 5 File : \ Mproject \councilexhibits \exhE10075.dwg F.M. 624 1 CORPUS C fVLST Bgty McGLOIN RD. LOCATION MAP NOT TO SCALE JD AGNIES RD. BOCKHOLT R PROJECT # E10075 CORPUS CHRISTI INTERNATIONAL AIRPO 'T— J \ \J MCGLOIN ROAD SUBJECT PERIMETER SECURITY UPGRADES SUBJECT COMMUNICATIONS CENTER, STANDBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES SITE PLAN NOT TO SCALE BEAR LANE EXHIBIT "D" CORPUS CHRISTI INTERNATIONAL AIRPORT COMMUNICATIONS CENTER, PERIMETER SECURITY, STANBY GENERATOR AND COMMERCIAL AVIATION APRON LIGHTING UPGRADES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04 -26 -2011 IMP urweeftwo _87- 11 AGENDA MEMORANDUM DATE: April 26, 2011 SUBJECT: J. C. Elliott Scale House Replacement Project No. 5231 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute a construction contract with Elite General Contractors, LLC of Corpus Christi, Texas in an amount of $192,000.00 for the J. C. Elliott Scale House Replacement Project No. 5231 for the Base Bid. ISSUE: The existing scale house building is severely deteriorated and has reached the end of its useful economic life. The scale house requires replacement to ensure the continued operational reliability of the transfer station scales and revenue systems. FUNDING: Funds are available from the Sanitary Landfill 2008 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. .„‘ Pete Anaya, P.E. Director - Engineering Services 826 -3781 petean©cctexas.corn Lawrence Mikolajczyk Director of Solid Waste Services 826 -1 972 lawm@cctexas. com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Bid Tabulation Exhibit "D" Consultant Award Recommendation Exhibit "E" Budget Exhibit "F" Location Map H:IHOMEIKEVINSIGEN1Landfi lNew1LANDFILL15231 JCEifiottScalehouse20 091AwdConslrMemo.doc -91- ADDITIONAL INFORMATION SUBJECT: J. C. Elliott Scale House Replacement Project No. 5231 PROJECT DESCRIPTION: The project provides for the demolition of the existing 400 square foot (sf) wooden scale house building at J. C. Elliott Transfer Station, and the construction of a new 750 -sf metal fabricated building. The new building will include metal railings, concrete ramp, and utilities. The City is separately contracting for lease of a temporary scaled house building to enable continued operation of the transfer station and scales during demolition and construction. The project involves unusual complexity as it an existing facility that must remain in operation as all times. The overall project will provide for a separately contracted installation of a temporary scale house, and continued operation of the scales during demolition and construction. Additionally, coordination with the Landfill Pavement Life Cycle Replacement project is required. The connection of scales, software and revenue system to the temporary scale house and reconnection to the new scale house is being separately addressed. BACKGROUND: J. C. Elliott accepts all solid waste collected by the City, including citizen drop offs and commercial waste collection by haulers not contracted for disposal at Cefe Vaienzuela. Citizens and companies without commercial disposal contracts with the City must use J.C. Elliott. J.C. Elliott is the only City waste disposal site equipped to accept cash and credit payment. The scale operations are necessary to support the brush disposal site and transfer station. The existing scale house building is severely deteriorated and has reached the end of its useful economic life. The existing scale house was relocated from the Greenwood entrance to the landfill in 1994. The scale house requires replacement to ensure the continued operational reliability of the transfer station scales and revenue systems. BID INFORMATION: A total of nine (9) sealed bids were received and opened on March 9, 2011. The project was bid as a base bid only. Bids ranged from $192,000 to $304,398. The consultant's opinion of probable cost was $223,092.00. The bid tabulation is attached as Exhibit C. The contract provides for the project to be completed in 150 calendar days . after the notice to proceed. Liquidated damages are set at $1,000.00 per day. Elite General Contractors, LLC of Corpus Christi, Texas submitted the low bid. H:I HOMEIKEVINS \GEN\LandflllNew \LANDFJLL15231 JC EI IiattScale h ouse20091AwdConstrBkgExhA.doc —92— Exhibit "A" Page 1 of 2 BID RECOMMENDATION: After reviewing the company's capabilities, the City's consultant HDR Engineering, and City staff recommend that the contract be awarded to Elite General Contractors for the Base Bid in the amount of $192,000.00. The Consultant and City received and evaluated submittals from the two low bidders as required by City Special Provisions A28, A29 and A30. That information requires the bidders to provide the following information: • their ability to complete the project; • whether any liens have been filed against the bidder; • why any unreleased lien has not been paid; • the existence of any unpaid claims; • construction references; • their financial statement; • qualifications of the proposed project superintendent and foremen demonstrating five (5) years of recent projects experience of similar size and complexity; • their list of major components being incorporated into the project; • list of the products being supplied; • the value of each major component; • schedule of anticipated monthly payment requests; • the list of MBE firms that will participate in the project; • the list of subcontractors; • list of their current projects and their contractual value; and • the preliminary progress schedule showing the relationships between major components of work. CONTRACT TERMS: The contract specifies that the project will be completed in 150 calendar days. Completion is anticipated during October of 2011. FUTURE COUNCIL ACTION: • Award of any necessary change orders. FUNDING: Funding is available from the Sanitary Landfill CIP Fund. H:W OMEIKEVINSIGENILandlillNew \LANDEILL15231 JCElliottScalehouse204B1AwdCanstrBkgExhA .doc —93— Exhibit "A" Page 2 of 2 PRIOR ACTIONS SUBJECT: J. C. Elliott Scale House Replacement Project No. 5231 PRIOR COUNCIL ACTIONS: March 8, 2011 — Ordinance adopting the FY2010 -2011 Capital Improvement Budget and Capital Improvement Plan (Ordinance No. 028995). PRIOR ADMINISTRATIVE ACTIONS: August 20, 2009 - Administrative award of contract for engineering services to HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $49,800.00 for Design, Bid, Construction Phase Services and Additional Services (Topographic Surveying and ADA Compliance) for the J. C. Elliott Scale House Replacement Project. Exhibit "B" Page 1 of 1 BID TABULATION J.C. ELLIOTT SCALEHOUSE 2009 PROJECT #5231 Bid Tabulated by: HDR Engineering, Inc. Bid Opening: March 9, 2011 Time of Completion: 150 Calendar Days Engineers Estimate: $223,092 Page 1 of 1 J -C. ELLIOTT SCALEHOUSE 2009 CITY PROJECT #5231 Bid Item Description Qty Units *Elite General Contractors, LLC. "Sal -Con, Inc. AMSR Inc. 3902 S. Port Ave Corpus Christi, TX 78415 Unit Bid Total Bid 1442 Cliff Maus Corpus Christi, TX 78467 Unit Bid Total Bid Safenet Services, LLC. 23 Great Lakes Corpus Christi, TX 78413 Unit Bid Total Bid 4818 Gemini Corpus Christi, TX 78405 Unit Bid Total Bid 1321 Gienoak Corpus Christi, TX 78418 Unit Bid Total Bid Base Bid 1 Demolition of existing scalehouse and construction of new scalehouse, including plumbing, electrical, ramp, railing, and trench safety in accordance with the specifications, complete and in .lace. 1 LS $279,000.00 $279,000.00 $282,000.00 $282,000.00 $282,268.00 $282,268.00 E.r?* 1 Demolition of existing scalehouse and construction of new scalehouse, including plumbing, electrical, ramp, railing, and trench safety in accordance with the specifications, complete and in place. 1 LS $192,000.00 $192,000.00 DaMMAEZIEW=MetRA, $208,000.00 $208,000.00 $238,431.00 $238,431.00 'it 'e5 �3 �"8' a� ��, t--, .- '4.: , < `£ .. ,.,,.,.., t..--.•,w�'_�4+s.15_..,-,.--. 4 0.. i*E° .Yc � ._,.,a - '.c t4zfi! G B �.�, ; `b. -� F,.... .5_ s . , i ` �&�: ,. _.. ...... ;:,+ i . 6 @ 6 f .. �. n,.. . : { � �., < , �'A` .a "L'1a�A. J.C. ELLIOTT SCALEHOUSE 2009 CITY PROJECT #5231 I ` id Item Description Qty Units '"Bav Area Contracting & Constr., Inc. "Sal -Con, Inc. Tropical Contracting, LLC. 3902 S. Port Ave Corpus Christi, TX 78415 Unit Bid Total Bid 1442 Cliff Maus Corpus Christi, TX 78467 Unit Bid Total Bid 6363 DeZavala Rd. Suite #107 San Antonio, TX 78249 Unit Bid Total Bid Base Bid 1 Demolition of existing scalehouse and construction of new scalehouse, including plumbing, electrical, ramp, railing, and trench safety in accordance with the specifications, complete and in .lace. 1 LS $279,000.00 $279,000.00 $282,000.00 $282,000.00 $282,268.00 $282,268.00 E.r?* ." $299,012.45 $299,012.45 $304,398.00 Q,TS DaMMAEZIEW=MetRA, J.C. ELLIOTT SCALEHOUSE 2009 CITY PROJECT #5231 Bid Item Description Qty Units ***Largin Construction Services, LLC. Leoncitos, inc. *Barcom Commercial, inc. 1959 Saratoga #10 Corpus Christi, TX 78417 Unit Bid Total Bid 2621 Holly Road Corpus Christi, TX 78415 Unit Bid Total Bid 5826 Bear Lane Corpus Christi, TX 78405 Unit Bid Total Bid Base Bid 1 Demolition of existing scalehouse and construction of new scalehouse, including plumbing, electrical, ramp, railing, and trench safety in accordance with the specifications, complete and in .lace. 1 LS $285,250.00 $285,250.00 $299,012.45 $299,012.45 $304,398.00 $304,398.00 "DID NOT FILL IN THE UNIT PRICE AND TOTAL IN THE PROPOSAL TABLE *** NON RESPONSIVE -INSUFFICIENT BOND 120018 Exhibit C Page 1 of 1 i • March;15, 2011 . () N L (;OMPANY I Many Solrrtinrrs', • ,Mr; Kevin Stowers • . Assistant,Director of Engineering :Services - City of Corpus Christi • . • Box..9277 : - • Corpus Christi, TX 78469 . RE: ' CITY PROJECT NO 5231 • IC. ELLIOTT SCALEHOUSE 2009 BID EVALUATION' AND RECOMMENDATION OF AWARD 1„ J. . :'. MAR'.1:5.2011 PILER10. ,., ;i E lIC1: -Dear Kevin; . We have reviewed all nine: proposals submitted at the bid opening on March 9, 2011... A:"• detailedbid tabulation listing the proposal information from all nine bidders is attached. (Ni 'evaluation is :based on the .best price presented to the City, . review of the information;: :supplied m accordance. with '..Special • Provisions A -28, A -29, and A -30.. of the. 'Special `. Provisions; and the Contractor's 'capability to perform the work, . The, Contractor (Elite general C.ontractors•LLC) provided a list of local'ieferences and we have ".: • ' contacted several of the ' Contractor- supplied references. From our review of the, -:. • :aforementioned. 'information, it appears that Elite General 'Contractors LLC, Inc has .1 the. ''capability to• complete this project in accordance with the Contract Documents._ Subject to•the availability of funds, we recoinirtend that Elite General Contractors LLC be awarded this Project in the amount of $192,000. Thank you for,allowing=us to help the :City with this project. If you have any questions; please feet free to give us a call. ••• ' Sincerely;. HD • Engineering, Inc. • Job C. .Garza, P.E, Project Engineer • , Attachtnent: Tabulation of Bids HD0 Engineering, Inc. —96— 555•N Corancahue Suite 1860 Corpus Christi, TX 78481 -0850 Phone: {3811857 -2211 Fax: 136118574234 • vommhdrinacnm EXHIBIT "D" Page 1 of 1 J. C. ELLIOTT SCALE HOUSE REPLACEMENT (PROJECT NO. 5231) PROJECT BUDGET April 26, 2011 FUNDS AVAILABLE: ESTIMATED BUDGET Sanitary Landfill 2008 CIP Fund (CIP # PH 12) $ 327,100.00 Total $ 327,100.00 FUNDS REQUIRED: Construction Cost (Elite General Contractors, LLC) $ 192,000.00 Construction Contingencies (15 %) 28,800.00 Temporary Scalehouse (Estimate) 8,500.00 AIE Consultants (HDR Engineering) (Basic Services = $44,400) 49,800.00 Material Inspection Testing & Laboratory Services (Kleinfelder) 5,000.00 Engineering Reimbursements 20,000.00 Finance Reimbursements 13,000.00 Incidental Expenses (Printing, Advertising, etc.) 10,000.00 Total $ 327,100,00 EXHIBIT "E" Page 1 of 1 File: \Mproject \councilexhib is \exh5231.dwg CORPUS CHRISTI INTERNATIONAL�++ AIRPORT ys BEAR CORPUS CHRISTI J.C. ELLIOTT LANDFILL LOCATION MAP CABANISS FIELD PROJECT SITE PROJECT #5231 IfeEK VICINITY MAP- NOT TO SCALE EXHIBIT "F" J.C. ELLIOT SCALE HOUSE REPLACEMENT PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 04 -26 -2011 - - - wr00 12 AGENDA MEMORANDUM City Council Action Date: April 26, 2011 SUBJECT: Memorial Coliseum Demolition (Project No. E10001) AGENDA ITEM: Motion to ratify Amendment No. 1 to the Contract for Professional Services with R. H. Shackelford, Inc. of Corpus Christi, Texas, for a fee not to exceed $28,000, for a total contract amount not to exceed $77,500 for the Memorial Coliseum Demolition Project for additional construction management/project management services. ISSUE: This proposal is for extended construction management/project management services for completion of the Memorial Coliseum Demolition Project as a result of the construction contractor delays. FUNDING: Funding is available from the General Fund Reserve Appropriations. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E. Director of Engineering Services 361-826-3781 petean @cctexas.com Additional Suaport Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Project Budget Exhibit "D" Location Map H:SHOME1Rachelle\GENSPublic Faciiities1E10001- Memorial Coliseum DemoliticnlAmd. No. 1 {Large AE »AGENDA 2 MEMO.doc —101— AGENDA BACKGROUND INFORMATION SUBJECT: Memorial Coliseum Demolition (Project No. E10001) PROJECT DESCRIPTION: This project consists of demolition of the existing Memorial Coliseum and adjacent structures. Demolition consists of but is not limited to the removal and proper disposal of foundations, concrete bleachers and seats, walls, electrical, plumbing, and HVAC. Demolition includes the removal and proper disposal of asbestos contained hazardous materials at the locations indicated in the asbestos inspection report. The project also includes two - course surface treatment to the existing HMAC parking lot, final backfill, sodding with new irrigation and minor utility adjustments with all work complete and in accordance with the plans, specifications and contract documents. The project was awarded to A &R Demolition on February 23, 2010 with the construction duration of 90 days. The initial construction was delayed due to legal actions with the Friends of the Coliseum. A &R Demolition also failed to complete the project within the contract period. The final change order was approved with approximately $70,000 in credits to the City for construction delays. It is anticipated that the final work for the irrigation and sod will be complete in May 2011. AMENDMENT NO. 1 DESCRIPTION: The Scope of Services is for continued contract administrative support for completion the Memorial Coliseum Demolition project that includes meeting with City Engineering Services, Operating Department Representatives for the implementation and coordination of the project as follows: a. Provide Senior Project Management/Construction Management services to conduct site visits, project meetings for the technical support and contract administration including shop drawing reviews, and compliance with local, state and federal regulations. b. Provide project management support to include the City, Contractor, Bonding Company and subcontractors for progress reviews, schedule analysis, change order technical and administrative preparation and reviews, negotiations, and recommendations to City Staff including Liquidated Damages. c. Conduct on site quality assurance with coordination of testing activities with City Departments and testing labs, and monitoring of contractor's safety program. d. Provide administrative support as needed to coordinate the work, review contractor pay estimates, schedule reviews, and compliance with plans and specifications. e. Participate in the final inspection with City Staff. EXHIBIT "A" Page 1 of 2 H:SI- OMESVeImaPYGEN4JERRY SHOEMAKER \E10001 MEMORIAL COLISEUM DEivibL2ON1AMENDMENT NO. 14AGENDA 3 BACKGROUND.doc f. Provide status and updates to projects to City Staff. PROJECT BACKGROUND: Memorial Coliseum is located on the bayfront in Corpus Christi and was dedicated on September 26, 1954 to 400 men and women who gave their lives in World War 11. The dedication was sponsored by the Gold Star Mothers of Texas and was attended by local, state and military officials. The facility was designed by Corpus Christi architect Richard S. Colley and is extremely well - constructed. its footings are anchored into the original seabed, well below the 1940's fill. The curved roof contains 260 tons of structural steel in a lamella space frame (diamond shape design) with a thin concrete cover. This strong, yet light roof structure allowed for the barrel- shaped 224 -foot unsupported span, which was the world's longest when it was built. Memorial Coliseum has a capacity of more than 5,000 and closed in 2004 with the opening of the American Bank Center Arena. The City of Corpus Christi issued a Request for Proposals (RFP) and considered multiple scenarios for potential reuse of the facility and site. After careful and in -depth consideration, none of the proposals was determined to be economically feasible at this time; therefore, the City Council voted to proceed with demolition of the Memorial Coliseum. The demolition preparations are complete. The City conducted an asbestos inspection and developed a demolition plan and cost estimate. City Council awarded a construction contract in the amount of $583,303 to A &R Demolition, with a demolition duration of 90 days. Demolition was delayed from March 2010 to May 2010 due to the legal proceeding with the Friends of the Coliseum. Change Orders No. 1 through 3 were issued to address cost and time extensions as a result of the legal actions with the Friends of the Coliseum. Change Order No. 4 was issued to address additional parking lot improvements, sidewalk and driveway removal and replacement, additional irrigation and sod requirements. Change Order No. 4 also addressed the time of completion with $70,000 in deducts to the City resulting from the extended construction period, During demolition, A &R Demolition experience substantial financial crisis with the market conditions and problems with other projects. This resulted in numerous delays and additional actions by City Staff to ensure project completion. Staff actions included extensive communications and meetings with A &R Demolition and their bonding company, CCI Surety, Inc. CCI Surety has consistently indicated that there are sufficient funds available with the surety to complete the project. Therefore our consultant, R. H. Shackelford, Inc. and staff continue pursuit of the demolition with A &R Demolition with full communications with the bonding company. EXHIBIT "A" Page 2 of 2 H:IHOME\VeImaP1GENWERRY SHOEMAKERlE10001 MEMORIAL COLISEUM DEMOLITIONIAMENOMENT N0. 1 \AGENDA 3 BACKGROUNO.doc —103— PRIOR PROJECT ACTIONS SUBJECT: Memorial Coliseum Demolition (Project No. E10001) PRIOR COUNCIL ACTION: 1. November 17, 2009 -- Motion to begin the process to demolish Memorial Coliseum and to move concurrently to negotiate with the National Swimming Center Corporation (NSCC) during the next 8 -week period by January 12, 2010. (Motion No. 2009 -332) 2. 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) 3, January 12, 2010 -- Motion to cease negotiations with the National Swimming Center Corporation (NSCC). (Motion No. 2010 -014) 4. February 23, 2010 — Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $2,000,000 for the prior lawful expenditure of funds from the proceeds of Obligations to be issued by the City for authorized purposes relating to the demolition of the Memorial Coliseum; authorizing matters incident and related thereto; and providing an effective date. (Resolution No. 028497) 5. February 23, 2010 — Ordinance advancing up to $2,000,000 from the No. 1020 General Fund and appropriating into the No. 3128 Memorial Coliseum Demo 2010 CO Fund for expenditures related to the Memorial Coliseum Demolition; providing for repayment of the advanced amount up to $2,000,000 to the No. 1020 General Fund from the sale of certificates of obligation. (Ordinance No. 028498) 6. February 23, 2010 — Motion authorizing the City Manager or designee to execute a construction contract with A &R Demolition of Del Valle, Texas, in the amount of $583,303 for the Memorial Coliseum Demolition project for the Total Base Bid. (Motion No. M2010- 046) 7. May 25, 2010 — Resolution :rescinding Resolution No. 028497 which established City's intention to reimburse itself from proceeds of obligation for authorized purposes related to demolition of Memorial Coliseum. (Resolution No. 028616) 8. May 25, 2010 — Ordinance rescinding Ordinance No. 028498 which advanced up to $2,000,000 from the No. 1020 General Fund and appropriated into the No. 3128 Memorial Coliseum Demo 2010 CO Fund for expenditures related to Memorial Coliseum demolition. (Ordinance No. 028617) 9. May 25, 2010 — Ordinance appropriating $903,000 from the Unreserved Fund Balance in the General Fund No. 1020 for the demolition of the Memorial Coliseum; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by $903,000. (Ordinance No. 028618) 10. 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) H:IHOME1Raehe11e1GEN1PubIic Facilities5E10001- Memorial Coliseum DemolitionYAm 1. 1001 :arge AE)1AGENDA 4 PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 2 PRIOR ADMINISTRATIVE ACTION: 1. July 17, 2007 - Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Solka Nava Torno Architects in the amount of $16,500 for the Memorial Coliseum Investigation (Project No. 4345) to provide assistance to the Mayor's Committee on the Memorial Coliseum. 2. February 25, 2009 — Administrative approval of Amendment No. 1 to the Small A/E Agreement for Architect /Engineer Consultant Services with Solka Nava Torno Architects in the amount of $3,500 for the Memorial Coliseum Investigation (Project No. 4345) for additional cost - estimating services related to the Memorial Coliseum Committee's review and evaluation of redevelopment proposals for the Memorial Coliseum, particularly the Leisure Horizons Inc. proposal. 3. March 14, 2009 — Administrative approval of Amendment No. 2 to the Small NE Agreement for Architect/Engineer Consultant Services with Solka Nava Torno Architects in the amount of $4,500 for the Memorial Coliseum Investigation (Project No. 4345) to refine the scope of repairs to be performed by Leisure Horizons Inc. under the lease agreement for Memorial Coliseum. 4. December 14, 2009 — Administrative approval of an Agreement for Consultant Services with Envirotest, Ltd., in the amount of $2,000 for the Memorial Coliseum Asbestos Inspection (Project No. E09067). 5. March 11, 2010 — Administrative approval of a Small A/E Agreement for Architect /Engineer Consultant Services with R. H. Shackelford, Inc. in the amount of $49,500 for the Memorial Coliseum Demolition Project. H:IHOMEIRachelle1GENSPublit Facilities \E10001- Memoriel Coliseum OemolitionlAmcn11.0(51 a AEMGENDA 4 PRIOR PROJECT ACTIONS.dcc EXHIBIT "B" Page 2 of 2 PROJECT BUDGET MEMORIAL COLISEUM DEMOLITION PROJECT NO. E10001 April 26, 2011 FUNDS AVAILABLE: General Fund $767,303.00 FUNDS REQUIRED FOR BASE BID (COMPLETE DEMOLITION): Construction (A &R Demolition) $583,303.00 Contingencies 0.00 Consultant (R. H. Shackelford, Inc.) 77,500.00 City Reimbursements (Engr ServlFinance /Bond Issuance /Misc) 0.00 Landfill Disposal Fee 75,000.00 Testing 31,500.00 A. Material Testing B. Asbestos Testing /Monitoring Total $767,303.00 —106— EXHIBIT `°c" Page 1 of 1 File : \ Mproject \councilexhibits \exhE10001b.dwg CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD. PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT SITE 402 S. SHORELINE BLVD. CORPUS CHRISTI, TEXAS 78401 PROJECT # E10001 SITE PLAN NOT TO SCALE EXHIBIT "D" MEMORIAL COLISEUM DEMOLITION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE: 04 -26 -2010 IOW OW ME ..vr IU/ N. 13 AGENDA MEMORANDUM City Council Action Date: April 26, 2011 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 AGENDA ITEM: Motion authorizing the City Manager or designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory Inc., of Corpus Christi, Texas, in the amount of $69,063 for Up River Road Improvements from IH 37 exit near Rand Morgan Road to IH 37 exit near Crosstown Expressway (inside City limits only). (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. A construction contract with Haas Anderson Construction, Ltd., was executed on April 12, 2011 to reconstruct and widen the existing roadway to a collector (C -2) two -lane roadway with an intermittent left turn lane, including a 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 as required. As part of the construction process, a construction materials testing contract needs to be executed. City Council approval is required to approve that contract. 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 peteancctexas. corn Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Project Budget Exhibit "D" Location Map H: SHOMESRachelle \GENSStreets56496•Up River Road\TestinglCanstructlon TestingL4gsnde Memo,doc 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: Construction materials testing services will be conducted on four (4) sections of Up River Road which lie within the city limits between the IH 37 exit close to Rand Morgan Road and the IH 37 exit near the Crosstown Expressway. The construction project consists 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 3 -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. 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 HA NOME4Rachelle1GENSStre etsS6496 -Up River RoadSTeslinglConstructlon TestinglAgende Background.doc —112— EXHIBIT "A" Page 1 of 2 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. EXHIBIT "A" Page 2 of 2 H:4HOME1Rechelle1GENIStreets \6496 -Up River RoadlTesling1Conslruction TestingSAgendda Beckground,doc — 1 13— 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. 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) 5. April 12. 2011 - 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) (Motion No. 2011 -091.) 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 1, 2009 — Administrative approval of an Agreement for Geotechnical Testing Services with Rock Engineering of Corpus Christ, Texas in the amount of $35,200 for Up River Road from Rand Morgan Road to IH 37. (BOND ISSUE 2008) HA HOMEIRecinelis1GEN4Sireeis45195 -tip River P.uadifestinpleonstrelction iesiiri lPlett oject Ac'sions.doc EXHIBIT "B" Page 1 of 1 PROJECT BUDGET UP RIVER ROAD FROM RAND MORGAN ROAD TO IH 37 (INSIDE CITY LIMITS ONLY) (BOND ISSUE 2008) Project No. 6496 April 26, 2011 FUNDS AVAILABLE: Streets CIP (Bond 2008) $3,264,160.00 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) (This Contract) 69,063.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 28,629.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt)... 66,801.00 Finance Issuance... 9,543.00 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL $4,821,868.00 ESTIMATED PROJECT BUDGET BALANCE ($1,557,768.00) * Construction Observation Services included in Consultant's fee. *Project deficit will be covered from savings in other Bond Issue 2008 Projects already realized. EXHIBIT "C" Page 1 of 1 —115— \ Mproject\ councilexhibits \exh6496. dwg PROJECT LOCATIONS PROJECT LOCATIONS LOCATION MAP NOT TO SCALE PROJECT #6496 EXHIBIT 'D" Up River Road - Rand Morgan to LH. 37 (inside City limits only) BOND ISSUE 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/29/2011 14 AGENDA MEMORANDUM City Council Action Date: April 26, 2011 SUBJECT: FM 43 (Weber Road) and Yorktown Boulevard BOND ISSUE 2008 (Project No. 6524) SH 357 (Saratoga Boulevard) and Patti Drive BOND ISSUE 2004 (Project No. 6488) AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute a Local Project Advance Funding Agreement for a Hazard Elimination /Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of FM 43 (Weber Road) and Yorktown Boulevard with City participation costs for engineering design services in the amount of $43,000. BOND ISSUE 2008 B. Resolution authorizing the City Manager or designee to execute a Local Project Advance Funding Agreement for a Hazard Elimination /Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of SH 357 (Saratoga Boulevard) and Patti Drive with City participation costs for engineering design services in the amount of $43,000. BOND ISSUE 2004 ISSUE: The State of Texas, acting through the Texas Department of Transportation, has agreed to enter into an Advance Funding Agreement with the City of Corpus Christi for the following projects: • FM 43 (Weber Road) and Yorktown Boulevard • SH 357 (Saratoga Boulevard) and Patti Drive FUNDING: Funding is available from the FY 2011 Capital Budget and Capital Improvement Planning Guide (Bond Issue 2008, Proposition No. 1 Street Improvements, and Bond Issue 2004, Proposition No. 1 Street Improvements). RECOMMENDATION: Staff recommends approval of the Resolutions as presented. Pete Anaya, P.E. Director of Engineering Services (361) 826-3781 peteanacctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Advance Funding Agreement — FM 43 (Weber Road) and Yorktown Boulevard Advance Funding Agreement -- SH 357 (Saratoga Boulevard) and Patti Drive Resolution — FM 43 (Weber Road) and Yorktown Boulevard Resolution — SH 357 (Saratoga Boulevard) and Patti Drive Location Map H:1 I1OMESVeImaP \GENITXDOT\SARATOGA BOULEVARD & PATTI DRIVER AGENDA MEMO.9doc —11— AGENDA BACKGROUND INFORMATION SUBJECT: FM 43 (Weber Road) and Yorktown Boulevard BOND ISSUE 2008 (Project No. 6524) SH 357 (Saratoga Boulevard) and Patti Drive BOND ISSUE 2004 (Project No. 6488) ADVANCE FUNDING AGREEMENT DESCRIPTION: Intersection of FM 43 (Weber Road) and Yorktown Boulevard - The proposed project is a Texas Department of Transportation (TXDOT) highway improvement project described as the installation of a traffic signal system at FM 43 (Weber Road) and Yorktown Boulevard. The City of Corpus Christi is responsible for all utility adjustments required and for maintenance and operation of the traffic signal system, including the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, providing and funding electrical service, materials, equipment, labor, tools and incidentals necessary to provide a functional traffic signal system. The cost for preliminary engineering will be the responsibility of the City of Corpus Christi. The cost of right -of -way, environmental and construction will be the responsibility of the State. Project Budget is as follows: DESCRIPTION TOTAL ESTIMATE COST PARTICIPATION FEDERAL STATE LOCAL % COST % COST % COST Right of Way $0.00 0% $0.00 0% $0.00 0% $0.00 Environmental 0.00 0% 0.00 100% 0.00 0% 0.00 Engineering 43,000.00 0% 0.00 0% 0.00 100% 43,000.00 Construction 110,000.00 90% 99,000.00 10% 11,000.00 0% 0.00 Subtotal 153, 000.00 99,000.00 11,000.00 43, 000.00 Engineering Phase Direct State Costs (5 %) 2,150.00 90% 1,935.00 ' 10% 215.00 0% 0.00 Construction Phase Direct State Costs (14.5%) 15,950.00 90% 14,355.00 10 /° 10% 1,595.00 0% 0 /° 0.00 Indirect State Costs (6.2 %) 9,486.00 90% 8,537.00 10% 949.00 0% 0.00 Total $180,586.00 $123,827.00 $13,759.00 $43,000.00 Direct State Costs will be based on actual charges. This is an estimate only. Final participation amounts will be based on actual costs: H: IHOME \VeImaP1GENITXDOTISARATOGA BOULEVARD 8 PATTI DRIVEI3 AGENDA BACKGROUNO.doc EXHIBIT "A" Page '1 of 2 Intersection of SH 357 (Saratoga Boulevard) and Patti Drive - The proposed project is a Texas Department of Transportation (TXDOT) highway improvement project described as the installation of a traffic signal system at SH 357 (Saratoga Boulevard) and Patti Drive. The City of Corpus Christi is responsible for all utility adjustments required and for maintenance and operation of the traffic signal system, including the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, providing and funding electrical service, materials, equipment, labor, tools and incidentals necessary to provide a functional traffic signal system. The cost for preliminary engineering will be the responsibility of the City of Corpus Christi. The cost of right -of -way, environmental and construction will be the responsibility of the State. Project Budget is as follows: DESCRIPTION TOTAL ESTIMATE COST PARTICIPATION FEDERAL STATE LOCAL COST % COST % COST Right of Way $50,000.00 0% $0.00 100% $50,000.00 0% $0.00 Environmental 0.00 0% 0.00 100% 0.00 0% 0.00 Engineering 43,000.00 0% 0.00 0% 0.00 100% 43,000.00 Construction 130,000.00 90% 117,000.00 10% 13,000.00 0% 0.00 Subtotal 223,000.00 117,000.00 63,000.00 43,000.00 Engineering Phase Direct State Costs (5 %) 2,150.00 90% 1,935.00 10% 215.00 0% 0.00 Construction Phase Direct State Costs (14.5 %) 18 850.00 90% 16,965.00 10% 1,885.00 0% 0.00 Indirect State Costs (6.2 %) 13,826.00 90% 12,443.00 10% 1,383.00 0% 0.00 Total $257,826.00 $148,343.00 $66,483.00 $43,000.00 Direct State Costs will be based on actual charges. This is an estimate only. Final participation amounts will be based on actual costs. —121 - H:IHOMEW®ImaP1GEMTXDOTISARATOGA BOULEVARD & PATTI DRIVE\3 AGENDA BACKGROUND.doc EXHIBIT "A" Page 2 of 2 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Si nal Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Hazard Elimination /Safety Project (Traffic Signals) On- System THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 112237, authorizing the State to undertake and complete a highway improvement generally described as the installation of a traffic signal system at FM 43 and Yorktown Blvd. in the City of Corpus Christi; and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated , which is attached to and made a part of this agreement as Attachment "A" for construction of traffic signals at the location shown on the Map, which is attached to and made a part of this agreement as Attachment 'B" referred to as the Project. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA- AFA_LongGen Page 1 of 12 —122— Revised 03/01/11 IEXHIBIT "B" I Pagel of 15 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Si i Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The installation of a traffic signal at the intersection of FM 43 and Yorktown Blvd. in the City of Corpus .Christi, as shown on Attachment "B ". 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget - Attachment "C ", which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown in Attachment "C ". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the Federal Letter of Authority is formally issued. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. B. This Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. C. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local AFA- AFA_LongGen Page 2 of 12 —1 23— Revised 03/01/11 IEXHIBIT "B" I Page 2 of 15 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Sigj Federal Highway Administration CFDA # 20.205 Not Research and Development Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. D. The Local Government will be responsible for all non - federal or non -state participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account: to be managed by the State. Funds in the escrow account may only be applied to the State Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the awing party. lf, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. 1. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. L. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. M. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or AFA- AFA_LongGen Page 3 of 12 —124— Revised 03/01/11 IEXHIBIT "B" Page 3 of 15 CS3 # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. N. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 4. The Local Government is authorized to submit requests for reimbursement no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS &E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project. D. The Project is inactive for 36 months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will riot be AFA-- AFA— LongGen Page 4 of 12 Revised 03/01/11 —125— EXHIBIT "B" Page 4of15 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Si nal Federal Highway Administration CFDA # 20.205 Not Research and Development reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The State is responsible for the cost of any environmental problem's mitigation and remediation. C. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas. Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. AFA- AFA_LongGen Page 5 of 12 --126— Revised 03/01/11 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Si zeal Federal Highway Administration CFDA # 20.205 Not Research and Development Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The State will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Government. D. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for the operation and maintenance of the traffic signal system, including the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, providing and funding electrical service, materials, equipment, labor, tools and incidentals necessary to provide a functional traffic signal system, after construction is complete and the system is operational. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: AFA- AFA_LongGen Page 6 of 12 --12 7 -- Revised 03/01/11 fEXHIBIT "B" Page 6 of 15 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Local Government: City of Corpus Christi Attn: Mayor P.O. Box 9277 Corpus Christi, Texas 78469 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use, All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA- AFA_LongGen Page 7 of 12 —128— Revised 03/01 /1 1 IEXHIBIT "B" 1 Page 7 of 15 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration. CFDA # 20.205 Not Research and Development 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. Whenever funds from the American ARRA are distributed to a Local Government, the Local Government must complete its Schedule of Expenditures of Federal•Awards (SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A -133, and separately identify any ARRA expenditures for Federal Awards. 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise (DBE) Program Requirements The parties shall comply with the Disadvantaged /Minority Business Enterprise Program requirements established in 49 CFR Part 26. AFA- AFA_LongGen Page 8 of 12 —1 2 9— Revised 03/01/11 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development A. Each financial assistance agreement signed by the Local Government and a DOT operating administration (or a primary recipient) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary reasonable steps under 49 CFR part 26 to ensure non-discrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). B. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub - recipient or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering AFA- AFA_LongGen Page 9 of 12 —130— Revised 03/01/11 EXHIBIT "B" Page 9 of 15 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub- awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 29. Federal Funding Accountability and Transparency Act Requirements A. Any recipient or sub - recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http:lledocket. access. gpo.gov12010 /pdf12010- 22705.pdf and http:ll edocket.access.gpo.gov120101pdf /2010- 22706.pdf B. For sub- awards greater than $25,000, the Local Government, as a recipient of federal funding, shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting Registry (CCR) number with the Federal government (Federal Acquisition Regulation, Part 4, Sub -part 4.1100). The CCR number may be obtained by visiting the CCR website whose address is: https :Ilwww.bpn.govlccrldefault.aspx ; 2. Obtain and provide to the State and the Federal government, a Data Universal AFA- AFA_LongGen Page 10 of 12 Revised 03/01111 —131— XHIBIT "B" 1 Page 10 of 15 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Numbering System or DUNS number, a unique nine - character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website http:l /fedgov.dnb.com /webform ; and 3. Report the total compensation and names of its top executives to the State and Federal government if: (1.) More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000 annually; and (ii.) Compensation information is not already available through reporting to the U.S.Securities and Exchange Commission (SEC). 30. Single Audit Report A. The Local Government is required to comply with federal (OMB A-1 33) and/or state (State of Texas Single Audit Circular) requirements. B. if threshold expenditures of $500,000 or more are met during the Local Government's fiscal year ending, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East Eleventh Street, Austin, TX 78701 or via e-mail to Virc ie.Rodriquez(a>,TxDOT.gov C. If expenditures are less than $500,000 during the Local Government's fiscal year ending, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY 31. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. AFA- AFA_LongGen Page 11 of 12 —1 3 2— Revised 03/01/11 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal. Highway Administration CFDA # 20.205 Not Research and Development IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT Name Printed Name Title Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA- AFA_LongGen Page 12 of 12 —133— Revised 03/01/11 ! EXHIBIT "B" Pae12of15 CSJ # 1557 -01 -039 District # 16 Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Page 1 of 1 —134— Attachment A C53 # 1557 -01 -039 District # 16 — Corpus Christi Cocle Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT 080 Zr 0'r $; a 1 ..S- c.res7morn 0 F'rk: 74- Y¢,9`�3 tP . 'in'r fir F' f � 6 r -ava.C,.11 °vein L5n^in1F,etd . t- $1, te r .tip `' §-' Park • '11 Rd .43 Farr', t+' Marg�t Rd 43 n 3 kd SITE LOCATION rC41 d.4 FM 43 at YORKTOWN City of Corpus Christi Page 1 of 1 —135— ti o.atf': S'Ide Attachment B EXHIBIT "B" I I Page 15 of 15 CSJ # 1557 -01 -039 District # 16 — Corpus Christi Code Chart 64 # 09 800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C Project Budget Estimate and Source of Funds The installation of the traffic signal system will be funded through Category 8 HSIP Funds in the amount of $137,586. The Local Government, at no cost to the State, will be responsible for all utility adjustments required and for maintenance and operation of the traffic signal system, including the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, providing and funding electrical service, materials, equipment, labor, tools and incidentals necessary to provide a functional traffic signal system. The cost for preliminary engineering will be the responsibility of the Local Government. The cost of right of way, environmental and construction will be the responsibility of the State Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Right of Way $0 0% $0 0% $0 0% $0 $0 Environmental $0 0% $0 100% $0 0% Engineering $43,000 0% $0 0% $0 100% $43,0000 $110,000 90% $99,000 10% _ $11,000 0% $p _Construction Subtotal $153,000 $99,000 $11,000 $43 000 Engineering Phase Direct State Costs (5 %) $2,150 90% $1,935 10% $215 0% $0 Construction Phase Direct State Costs (14.5 %) $15,950 90% $14,355 10% $1,595 0% $0 Indirect State Costs X6.2 %) $9,486 90% $8,537 10% $949 0% ° $0 Total $180,586 $123,827 $13,759 $43,000 Direct State Costs will be based on actual charges. This is an estimate only. Final participation amounts will be based on actual costs. Page 1 of 1 —136— Attachment C CSI # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic 5i ja1 Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Hazard Elimination /Safety Project (Traffic Signals) On- System THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State ", and the City of Corpus Christ, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 112237, authorizing the State to undertake and complete a highway improvement generally described as the installation of a traffic signal system at SH 357 and Patti Dr. in the City of Corpus Christi; and, WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution or ordinance dated , which is attached to and made a part of this agreement as Attachment "K for construction of traffic signals at the location shown on the Map, which is attached to and made a part of this agreement as Attachment 'B" referred to as the Project. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA- AFA_LongGen Page 1 of 12 —137— Revised 03/01/11 EXHIBIT "C" Pale 1 of 15 CS] # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Sisal Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The installation of a traffic signal at the intersection of SH 357 and Patti Drive in the City of Corpus Christi, as shown on Attachment "B ". 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget - Attachment "C ", which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown in Attachment "C ". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the Federal Letter of Authority is formally issued. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for-the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. B. This Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. C. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local AFA- AFA_LongGen Page 2 of 12 —138— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. D. The Local Government will be responsible for all non - federal or non -state participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. F. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. G. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. 1. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. L. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. M. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or AFA- AFA_LongGen Page 3 of 12 —1 3 9— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. N. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. 0. The Local Government is authorized to submit requests for reimbursement no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS &E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project. D. The Project is inactive for 36 months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be AFA- AFA_LongGen Page 4 of 12 —140— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Sin Federal Highway Administration CFDA # 20.205 Not Research and Development reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The State is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The State is responsible for the cost of any environmental problem's mitigation and remediation. C. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. A1=A- AFA_LongGen Page 5 of 12 —141— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The State will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the Local Government will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Government. D. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for the operation and maintenance of the traffic signal system, including the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, providing and funding electrical service, materials, equipment, labor, tools and incidentals necessary to provide a functional traffic signal system, after construction is complete and the system is operational. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: AFA- AFA_LongGen Page 6 of 12 —142— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Local Government: City of Corpus Christi Attn: Mayor P.O. Box 9277 Corpus Christi, Texas 78469 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the. Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. AFA- AFA_LongGen Page 7 of 12 —143— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. . Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and ailocabie to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32, 22. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. Whenever funds from the American ARRA are distributed to a Local Government, the Local Government must complete its Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC), as required by OMB Circular A -133, and separately identify any ARRA expenditures for Federal Awards. 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise (DBE) Program Requirements The parties shall comply with the Disadvantaged /Minority Business Enterprise Program requirements established in 49 CFR Part 26. AFA- AFA_LongGen Page 8 of 12 —144— Revised 03/01/11 CS.i # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development A. Each financial assistance agreement signed by the Local Government and a DOT operating administration (or a primary recipient) must include the following assurance: The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure non - discrimination in . the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). B. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub- contractor) must include the following assurance: The contractor, sub - recipient or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering AFA- AFA_LongGen Page 9 of 12 —145— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 641# 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than $100,000 for each such failure. 28. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 29. Federal Funding Accountability and Transparency Act Requirements A. Any recipient or sub - recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http:// edocket.access.gpo.gov120101pdf /2010- 22705.pdf and http:lledocket. access. gpo.gov /20101pdfJ2010- 22706.pdf B. For sub - awards greater than $25,000, the Local Government, as a recipient of federal funding, shall: 1. Obtain and provide to the State and the Federal government, a Central Contracting Registry (CCR) number with the Federal government (Federal Acquisition Regulation, Part 4, Sub -part 4.1100). The CCR number may be obtained by visiting the CCR website whose address is: https: IJwww.bpn.q_ovlccrldefault.aspx ; 2. Obtain and provide to the State and the Federal government, a Data Universal AFA- AFA_LongGen Page 10 of 12 Revised 03/01/11 —146— CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development Numbering System or DUNS number, a unique nine - character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website http: / /fedgov.dnb.com /webform ; and 3. Report the total compensation and names of its top executives to the State and Federal government if: (i.) More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000 annually; and (ii.) Compensation information is not already available through reporting to the U.S.Securities and Exchange Commission (SEC). 30. Single Audit Report A. The Local Government is required to comply with federal (OMB A -133) and/or state (State of Texas Single Audit Circular) requirements. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year ending, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East Eleventh Street, Austin, TX 78701 or via e -mail to Virctie.Rodriouez(a�TxDOT.00v C. If expenditures are Tess than $500,000 during the Local Government's fiscal year ending, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY 31. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. AFA- AFA_LongGen Page 11 of 12 —147— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Si�na1 Federal Highway Administration CFDA # 20.205 Not Research and Development IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT Name Printed Name Title Date THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Janice Mullenix Director of Contract Services Texas Department of Transportation Date AFA- AFA_LongGen Page 12 of 12 —148— Revised 03/01/11 CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Page 1 of 1 —149— Attachment A EXHIBIT "C" Pa 13 of 15 'ra Park dPri 44i CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT SH 357 at PATTI DR CITY OF CORPUS CHRISTI COI y kIh Park biro t ntiare Pa'k Nit Park Soi th aiae co 41,1 SITE LOCATION f,r +Iiri� HrxersirAl �$r Page 1 of 1 —150— Arbil( Park erir Park � H C ��rliitsii �f:i ; Attachment B CSJ # 1069 -01 -031 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Installation of Traffic Signal Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C Project Budget Estimate and Source of Funds The installation of the traffic signal system will be funded through Category 8 HSIP Funds in the amount of $214,826. The Local Government, at no cost to the State, will be responsible for all utility adjustments required and for maintenance and operation of the traffic signal system, including the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, providing and funding electrical service, materials, equipment, labor, tools and incidentals necessary to provide a functional traffic signal system. The cost for preliminary engineering will be the responsibility of the Local Government. The cost of right of way, environmental and construction will be the responsibility of the State. Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Right of Way $50,000 0% $0 100% $50,000 0% $0 Environmental $0 0% $0 100% $0 0% $0 Engineering $43,000 0% $0 0% $0 100% $43,000 Construction $130,000 90% $117,000 10% $13,000 0% $0 Subtotal $223,000 $117,000 $63,000 • $43,000 _ Engineering Phase Direct State Costs (5 %) $2,150 90% $1,935 10% $215 0% $0 Construction Phase Direct State Costs (145 %) $18,850 90% $16,965 10% $1,885 0% $0 Indirect State Costs (6.2 %) $13,826 90% $12,443 10% $1,383 0% $0 Total $257,826 $148,343 $66,483 $43,000 Direct State Costs will be based on actual charges. This is an estimate only. Final participation amounts will be based on actual costs. Page 1 of 1 —1 5 1— Attachment C Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A HAZARD ELIMINATION/SAFETY PROJECT (TRAFFIC SIGNALS) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF FM 43 (WEBER ROAD) AND YORKTOWN BOULEVARD, WITH CITY PARTICIPATION COSTS FOR ENGINEERING DESIGN SERVICES IN THE AMOUNT OF $43,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a Local Project Advance Funding Agreement for a Hazard Elimination /Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of FM 43 (Weber Road) and Yorktown Boulevard, with City participation costs for engineering design services in the amount of $43,000. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: 04-Apr-11 ei\(1Avvcv4c4tr Veronica Ocanas Assistant City Attorney For City Attorney EXHIBIT "D" Page 1 of 2 H:ILEG- DIR \VeronicaO11.ENG11 AGENDA ITEM S12011\0426111042611 RESO LPAFA Hazard Elirn- Safety Project (Traffic Signals) Weber & Yorktown.docL 1 5 2 _ Corpus Christi, Texas day 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 Page 2 of 2 EXHIBIT "D" Page 2 of 2 H:ILEG- ❑IRIVeronica011.ENG11 AGENDA 1 T E M S12011\0426111042611 RESO LPAFA Hazard Elim- Safety Project (Traffic Signals) Weber & Yorktown.docx1 5 3_ Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A HAZARD ELIMINATION /SAFETY PROJECT (TRAFFIC SIGNALS) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF SH 357 (SARATOGA BOULEVARD) AND PATTI DRIVE, WITH CITY PARTICIPATION COSTS FOR ENGINEERING DESIGN SERVICES IN THE AMOUNT OF $43,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a Local Project Advance Funding Agreement for a Hazard Elimination /Safety Project (Traffic Signals) with the Texas Department of Transportation for the installation of traffic signals at the intersection of SH 357 (Saratoga Boulevard) and Patti Drive, with City participation costs for engineering design services in the amount of $43,000. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: 04- Apr -11 Veronica Ocanas Assistant City Attorney For City Attorney EXHIBIT "E" Page 1 of 2 H:1LEG- DIR \Veronica011.ENG11 AGENDA ITEM 51201110426111042611 RESO LPAFA Hazard Elim- Safety Project (Traffic Signals) Saratoga & Patti Drive.docx —154— Corpus Christi, Texas day 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 Page 2 of 2 EXHIBIT "E" Page 2 of 2 H:ILEG- DIRlVeronicaO11.ENG11 AGENDA ITEM S\ 20111042611\042611 RESO LPAFA Hazard Elim- Safety Project (Traffic Signals) Saratoga & Patti Drive.docx —155- \ Mprojecf\councilexhibiis \ exh6488- 6524.dwg CORM' OERTS1t BAy Lagvar.� MADRE • TRAFFIC SIGNALS TO BE ADDED OR UPGRADED PROJECT #6524 LOCATION MAP NOT TO SCALE glikr OF ME CO EXHIBIT "F" FM 43 (WEBER ROAD) AND YORKTO WN BOULEVARD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 04/26/2011 vNMI WWI •■ 1 bb \Mproject\councilexhibits\exh6488-6524.dwg CORPUS claim- 73,1y • TRAFFIC SIGNALS TO BE ADDED OR UPGRADED PROJECT #6488 LOCATION MAP NOT TO SCALE !EXHIBIT "F" SH 357 (SARA TOGA BOULEVARD) AND PATTI DRIVE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 04/26/2011 =NW OM MI' OM wr.► -157- 15 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: April 26, 2011 AGENDA ITEM: Resolution determining that a public necessity exists to acquire a Right - of -Way Easement on Parcel 2, containing 0.129 -acres (5,628.6 SF) out of Lot 2 -R, Block 1, of the Forum Mall Addition, as shown on plat recorded in Volume 53, page 115, map records of Nueces County, TX from the owner of record, Wooldridge Medical Investors, LLC, for the Wooldridge Road Street Project — Rodd Field to Quebec Drive ( #6493), 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 parcel by means of negotiations or by exercise of the City's power of eminent domain. ISSUE: This Bond 2008 project consists of the reconstruction and widening of a portion of Wooldridge Road between Rodd Field Road and Quebec Drive. The project requires acquisition of eight parcels of street right -of -way and three parcels of drainage right -of -way. City staff has negotiated and acquired ten of the eleven parcels. The remaining parcel, owned by Wooldridge Medical Investors, LLC, consists of a 5,628 square foot strip of land necessary for the street improvements. Negotiations with the landowner have reached an impasse and require eminent domain proceedings. Every reasonable effort has been made to reach a voluntary sale with the landowner based on good faith negotiations. The landowners have been given the Texas Landowner's Bill of Rights describing their legal rights in the event of eminent domain proceedings. Municipalitie§ are allowed eminent domain rights under Chapter 21 of the Texas Property Code. Passage of a resolution proclaiming this project a public necessity is necessary for the eminent domain procedure. FUNDING: No funding is required at this time. RECOMMENDATION: Approval of the resolution as presented. Pete Anaya, P.E. Director of Engineering Services (361) 826 -3781 peteanacctexas.com Attachments: Exhibit A. Background Information Exhibit B. Parcel Map Exhibit C. Resolution H,IHOMEIEUSEBIOGIGEN'Agenda Items1Wooldridge St. Imps, Ph 3, Resolution, Wooldridge Medical InvlAgenda Memorandum.doc —161— BACKGROUND INFORMATION SUBJECT: Wooldridge Road Street Project— Rodd Field to Quebec (Bond Issue 2008) Resolution for Acquisition of Parcel 2, Wooldridge Medical Investors, LLC BACKGROUND: The proposed Wooldridge Road street improvements will consist of the reconstruction and widening of the existing two land rural type roadway to a four lane urban collector with a continuous left turn lane down the center. Included in the street improvements are new curb and gutter, sidewalks, and driveways. As part of this project, public utilities (water and wastewater) will also be rehabilitated or replaced to meet the City's Utility Master Plans. In September 2010, City Land Acquisition staff began the acquisition of eleven parcels of street and drainage right -of -way for the project. To date, ten of the eleven parcels have been acquired through active negotiations. The negotiations for Parcel 2, owned by Wooldridge Medical Investors, LLC have reached an impasse. Parcel Description: Parcel 2 contains .129 acres of land (5,628.6 sf) which is needed for the street widening and sidewalk improvements. This parcel is out of Lot 2 -R, Block 1, of the Forum Mall Addition as shown on a plat recorded in Volume 53, page 115 of the Map Records of Nueces County, Texas. The parcel is 6.75 feet wide by approximately 834 feet long. It is located on the east side of Wooldridge Road approximately 300 feet south of Rodd Field Road as shown on the attached Exhibit B. The subject parent tract has a zoning designation of A -2, Apartment House District. Parcel Negotiations: In September 2010, the City presented an offer of fair market value to the landowner based on an appraisal obtained by the City. The appraisal prepared by American Appraisers, Inc. contained the value of $5,466 for the 5,628.6 square feet of commercial land. The proposed right -of -way parcel is also encumbered by an existing AEP electric easement. Due to this 'encumbrance, the land value was discounted 50% by the appraiser. An additional amount of $675 was offered for moving back the sprinkler system out of the needed right -of -way. Negotiations progressed until March 2011 when the landowners became reluctant to respond to the City's numerous contacts. This failure to respond further delays the project, constitutes a rejection of the City's offer and creates an impasse of negotiations. It is recommended that the City file a petition in the Nueces County Court of Law to use its eminent domain rights under Chapter 21 of the Texas Property Code. PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing BOND 2008 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) —1 6 2— EXHIBIT A 1 oft 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the BOND 2008 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. 028006) 4. July 17, 2009 -- Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV Engineering from Corpus Christi, Texas in the amount of $527,223, for the design, bid, and construction phase services for Wooldridge Road — Rodd Field to Quebec. (Motion No. M2009 -198) 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: Approval of any Special Commissioner's Awards in excess of $50,000 in connection with the eminent domain proceedings. H:IHOMEIEUSEBIOG\GEN\Agenda Items1Wooidridge St. Imps, Ph 3, Resolution, Wooldridge Medical InvlBackground.doc —163— EXHIBIT A 2 of 2 File : \ Mpro fed \councilexh \exh6493L4ND.dwg WOOLDRIDGE ROAD - RODD FIELD TO QUEBEC PROJECT #6493 PARCEL 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 v UM w - 1 b4 RESOLUTION DETERMINING THAT A PUBLIC NECESSITY EXISTS TO ACQUIRE A RIGHT -OF -WAY EASEMENT ON PARCEL 2, CONTAINING 0.129 ACRES (5,628.6 SQ FT) OUT OF LOT 2 -R, BLOCK 1, OF THE FORUM MALL ADDITION, AS SHOWN ON PLAT RECORDED IN VOLUME 53, PAGE 115, MAP RECORDS OF NUECES COUNTY, TX FROM THE OWNER OF RECORD, WOOLDRIDGE MEDICAL INVESTORS, LLC, FOR THE WOOLDRIDGE ROAD STREET PROJECT — RODD FIELD TO QUEBEC DRIVE ( #6493), 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 PARCEL BY MEANS OF NEGOTIATIONS OR BY EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS, the City of Corpus Christi has implemented a street improvement project, known as the Wooldridge Road Street Project — Rodd Field to Quebec Drive, to improve the street and related drainage facilities hereinafter referred to collectively as the "street improvement project" to serve the City; and WHEREAS, the street improvement project has entered into the acquisition phase; and WHEREAS, the City of Corpus Christi has determined that a public necessity exists for the street improvement project and has determined that a public necessity exists for the acquisition of certain property rights, consisting of Right -of -Way Easement rights in land that will be used for this project, as shown and described in Attachment "A "; and WHEREAS, the City of Corpus Christi has authorized acquisition of the needed property rights by means of negotiations or through eminent domain, if necessary; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi, Texas hereby determines that a public necessity exists for street improvements as part of the Wooldridge Road Street Project — Rodd Field to Quebec Drive, and that it is necessary for the public welfare and convenience to acquire from Wooldridge Medical Investors, LLC certain fee simple property rights as shown and described on Attachment "A ", for achieving the public purpose of the street improvement project. SECTION 2. That the City Manager and the City Attorney are authorized to act on behalf of the City to acquire the subject property, either by negotiating or by filing, or causing to be filed, condemnation proceedings under Texas law in the event the consideration to be paid for the taking cannot be agreed upon during negotiation. EXHIBIT C 1 of 3 —165— SECTION 3. That this Resolution shall take effect immediately. SECTION 4. That if any provision, section, subsection, sentence, clause, or phrase of this Resolution, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the City Council in adopting this Resolution that no portion hereof, or provisions or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: April ,2011. By: L. Brian Narvaez Assistant City Attorney for City Attorney -166- Joe Adame Mayor EXHIBIT C 2 of 3 day of , 2011 The above resolution was passed by the following vote: Joe Adame Linda Strong Larry Elizondo, Sr. Chris Adler Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott LNV ENGINEERING Engineers & Consultants 801 Navigation, Suite 300 Corpus Christi, Texas 78408 Parcel No. 2 Field note description for a 0.129 acre tract of land out of Lot 2R, Block 1, The Forum Mall, a subdivision of the City of Corpus Christi, Texas, recorded in Volume 53, Page 115, Nueces County, Texas Map Records, said strip of land lying Northeast of and adjacent to the existing Northeast right -of -way line of Wooldridge Road, and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod set for comer in the existing Northeast right -of -way line of said Woold -ridge Road, the most Southerly comer of Lot 1R, Block 1, The Fozun; Mall, a subdivision of the City of Corpus Christi, Texas, recorded in Volume 51, Page 96, Map Records, Nueces County, Texas and for the most Westerly and beginning corner of the tract herein described; from whence the existing centerline of said Wooldridge Road, bears South 28 °- 50' -30" West, a distance of 30.0 feet; Thence North 28 °- 25' -08" East, with the Southeast line of said Lot 1R, Block 1, The Forum Mall, a distance of 6.75 feet to a 5/8 inch iron rod, set for the most Northerly comer of the tract herein described; Thence South 61 °- 19'-10" East, with a line running 6.75 feet Northeast of and parallel to the existing Northeast right -of -way line of said Wooldridge Road, a distance of 833.89 feet to a 518 inch iron rod set in the Northwest line of a tract of land now or formerly in the name of Bluebonnet Gardens, Inc. a 14A67 acre tract of land out of Lots 13 & 14, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, for the most Easterly comer of the tract herein described; Thence South 28 °- 50' -30" West, with the Southwest line of said Bluebonnet Gardens, Inc. tract, a distance of 6.75 feet to a 5/8 inch iron rod set for comer in the existing Northeast right -of -way line of said Wool- dridge Road, for the most Southerly comer of the tract herein described: PAGE 1 —168— ATTACHMENT A Thence North 61 °- 19' -10" West, with the existing Northeast right -of -way line of said Wooldridge Road, a distance of 833.84 feet to the Point of Beginning. Containing more or less 0.129 Acre (5,628.6 square feet) of land. State of Texas County of Nueces I, Horatio Oliveira, a Registered Professional Land Surveyor, of LNV ENGINEERING, Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category 1 -A, Land Title Survey. This the 204 day of.lag vl,ey 2010. SI Horatio Oliveira State of Texas License No. 1415 PAGE 2 KSLEE LTD SPECIAL WARRANTY DEED DOC. NO. 2004005685 D R.N.C.L AMP PAGE U--255 DC FORUM MALL LOr I R, BLOCK VOL. 51, PC- 96 M.R,N,C.1. 1 N 2525'08" E 6.75' INSET A WOOLDRIDGE MEDIC,4L INVESTORS 15.0' C.P.L. EASEMENT 200' YR 710.0' U.E. 1.75 State of Texas County of Names 1, Horacio Oliveira, a Registered Professional Land Su f UN do hereby certify that the foregoing- map was prepared from information of record and from a survey made on the ground under my direction. that there are no encroachments except as shown and that this map conforms to the current Texas Surveyors Standards and Specifications for a Category 1--A, Land title Survey. oracio Oliveira State of Texas License No. 1415 010. Ik Ad 1 WARRANTY DEED DOC. NO. 2000036690 MAP PAGE U-255 THE FORUM MALL LOT 26, BLOCK 1 VOL. 53, PC, 11.5 0 L_ t S 28'50'30' W 6.75' INSET 6 8i91'• -53'3.6f o N 61't9'10' W 933.84' f_ WOOLDRIDGE ROAD RE.D Nora DESCRIPTION • sou OF 61FsRIIc-tf NS STAB PLANE 1E3rAS SOWN ZONE -420S -IDD 63 ▪ 9r GROW PL0R0R; ONLY. 1160 AMA IS M ROOD ZONE C. COMN(RIW ND. 4116464, PANEL NO 031 RNA WP MEDIAE 091E OF AUGUST 3. • W LR. SET AT ALL CoRNE S 151355 ROIED 8'R ewhist . PARcEL 2 - S61A' .6 So. FT., 0.129 AC. 7 Row Y.R.N.C.T. D.R.N.C.T. 1.5. FO 0 0 i I NIST ROW —I P/010 8'F MAY YAP RECORDS„ NUE= COWry, TEAKS DEED RECORDS. AIMS CONRY, 1E10U5 IRON Roo FOUHD PARCEL NI5 01 ears moistest —PL— PROPERTY UNE EAsEMENT — — — TARO REQUIREMENT —ROWS- RICHT 0F 1►Y .O. 6.75 J lir 4 4 I, ry� Ir EXHIBIT OF WOOLDRIDGE ROAD RODD FIELD ROAD TO QUEBEC DRIVE PARCEL NO. 2 AREA=5,628.6 SQ. FT. 0.129 AC. REFERENCES: LOT 2R, BLOCK 1 THE FORUM MAU. VOLUME 53, PAGE 115 9N.R.N.C.T. 060 7 140 161) ATE JANUARY, 2010 engrain 1 ard4tects I contactors MIL111•111.11.• 1.41 amos 16 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: ORDINANCE WAIVING COUNCIL POLICY 6.C; NAMING OF THE BEACH ADJACENT TO THE SEAWALL ABUTTING WINDWARD DRIVE IN CORPUS CHRISTI AS "MICHAEL J. ELLIS BEACH;" AND THE NAMING OF THE SECTION OF THE SEAWALL ADJACENT TO THE WINDWARD DRIVE PARKING LOT AS THE "MICHAEL J. ELLIS SEAWALL" ISSUE AND BACKGROUND; In January of this year, Padre Island lost a longtime resident and founder of the Padre Island Moon Newspaper with the passing of Mr. Michael J. EIIis. Since his passing, island residents Dave and Beth Yonke, Dale Rankin and others have undertaken an effort to generate support for a fitting memorial to Mr. EIIis out on the island. These residents have engaged the business owners along the seawall in a proposal to naming both the seawall and the beach adjacent to the seawall in honor of Mr. EIIis and have received support for this proposal. In addition, Commissioner Jerry Patterson of the General Land Office has expressed his support for the proposal in a letter sent to the Mayor's office. In honor of Mr. Ellis, the attached ordinance would implement this proposal to name the beach adjacent to the seawall the "Michael J. EIIis Beach" and the section of the seawall adjacent to the Windward Drive parking lot the "Michael J. Ellis Seawall" to commemorate the life of Mr. Ellis and his contribution to the island community and to Corpus Christi. The ordinance also expresses support for the entire seawall to be designated as the "Michael J. Ellis Seawall" if agreed to by the property owners along the seawall. Citizens working on this effort will be raising funds to pay for the necessary signage for this designation, so there will be no signage costs to the city associated with this request. REQUIRED COUNCIL ACTION: Approval of the attached ordinance on two readings (4/19 and 4/26/11) and invoking Policy 6.C, which allows for Council to waive, at its option, all provisions of Policy 6.C. relating to the naming of parks and recreation facilities in commemorating or memorializing an individual, group or event. CONCLUSION AND RECOMMENDATION: As requested by Council, staff recommends a• • •j hattached ordinance. Rudy D. rza Intergovernmental R rudvoaCa�cctexas.com 361 - 826 -3082 s Director Michael Morris Parks and Recreation Director michaelmc cctexas.com —173— 361- 826 -3464 March 31, 2011 The Honorable Joe Adame Mayor City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Dear Mayor Adame: GENERAL 11,,,A.N D O.-t?PIC -fi, JERRY PATTERSON, COMMISSIONER On Friday, January 28, 2011, the City of Corpus Christi and Padre Island lost a passionate and loyal supporter when Island resident Michael James Ellis passed away at the age of 58. After working with the Federal Emergency Management Agency as a Disaster Response Coordinator, Mr. Ellis settled in Corpus Christi. His expansive knowledge of hurricanes and disaster relief operations led hirer to the creation of the Hurricane Almanac, a comprehensive examination of how These massive storms form and impact the Texas coast. He later founded the Island Moon, a semi- weekly newspaper that became a regular source of information for Coastal Bend residents. Through his work, Mr. Ellis showed a passion for the coast and a dedication to protecting it. His commitment to education and his tireless efforts on behalf of Padre Island made him a valued supporter of the Texas coast. For these reasons, on behalf of the Texas General Land Office, it is my honor to support the Corpus Christi City Council and the Nucces County Commissioners Court in memorializing Mr. Ellis by nailing the seawall beach area on North Padre island in his honor. If you have any questions, or if I can. be of any assistance in this matter, please do not hesitate to contact me, You may also contact Isabel Gallahan at Isabel.gallahancgio.state.tx.us or at 512-936 - 4254. Sincerely, RRY TTERSON minissioner, General Land Office Cc: Mr. Kyle Garrison Mr. Rudy Garza Stephen F Austin Building • 1700 North. Congress Avenue • Austin, Texas 787€11.1495 Poi Office Box 12873 • Austin, Texas 72711 -2873 512 -463 -5001 • 800- 998 -4G1,O 4V1VSSV, O.Srare.tx.us x`74_ 1 ORDINANCE WAIVING COUNCIL POLICY 6.C; NAMING OF THE BEACH ADJACENT TO THE SEAWALL ABUTTING WINDWARD DRIVE IN CORPUS CHRISTI AS "MICHAEL J. ELLIS BEACH; " AND THE NAMING OF THE SECTION OF THE SEAWALL ADJACENT TO THE WINDWARD DRIVE PARKING LOT AS THE "MICHAEL J. ELLIS SEAWALL " WHEREAS, on January 28th, 2011, the City of Corpus Christi lost a beloved member of our community with the passing of Mr. Michael J. Ellis; WHEREAS, Mr. Ellis was a disaster response coordinator for the U.S. Government prior to settling in Corpus Christi and ultimately becoming a resident of the Padre Island community; WHEREAS, Mr. Ellis founded and operated a publication known as the Padre Island Moon beginning in 1996, which focused on island news and events for Flour Bluff, Padre Island, and Port Aransas; WHEREAS, out of respect for the late Mr. Ellis, the island community has come together in an effort to memorialize his life and contribution to the Padre Island community; WHEREAS, Mr. Ellis was known to spend countless hours of his day enjoying the scenic view of the Gulf of Mexico from the seawall and adjacent beach abutting Windward Drive on Padre Island; WHEREAS, in honor of Mr. Ellis, the island community has requested that the City designate the beach directly adjacent to the Padre Island seawall as the "Michael J. Ellis Beach" and the section of the seawall adjacent to the Windward Drive parking lot in Corpus Christi as the "Michael J. EIIis Seawall "; WHEREAS, the business owners along the North Padre Island seawall have expressed their support for this proposal and also support the naming of the entire seawall as the "Michael J. Ellis Seawall "; WHEREAS, Commissioner Jerry Patterson of the General Land Office has submitted a letter of support to the Mayor's office for the naming of the beach, which is state owned property, as "Michael J. EIIis Beach;" and WHEREAS, Council Policy 6.C.(6) authorizes the City Council to waive, at its option, all provisions of Policy 6.C. relating to the naming of parks and recreation facilities in commemorating or memorializing an individual, group or event. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Council Policy 6.C. is waived. Section 2. The section of the Gulf of Mexico beach adjacent to the seawall abutting Windward drive shall be known as the "Michael J. Ellis Beach ". Section 3. The section of seawall owned by the City, which is adjacent to the Windward Drive parking lot, shall be known as the "Michael J. Ellis Seawall." Section 4. If agreed to by the other property owners along the seawall, the City supports the naming of the entire seawall adjacent to Windward Drive as the "Michael J. Ellis Seawall." Section 5. The City commits to working with the residents of Padre Island, who are currently raising funds for appropriate signage, to erect signs designating the beach and adjacent seawall as the "Michael J. Ellis Beach and Seawall." That the foregoing ordin ce was read for a firs time and passed to its second reading on this the /47m day of , 2011, by the following vote: Joe Adame A-W 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 Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 1, 2011 By :. Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor 17 AGENDA MEMORANDUM DATE: April 19, 2011 SUBJECT: Fire Station No. 5 Relocation (Project #5245) AGENDA ITEM: A. Ordinance Appropriating $193,800.00 in the Fund No. 3350 "Public Health and Safety CIP Fund" from Anticipated Reimbursements to be Paid by the Corpus Christi Independent School District in Accordance with the Interlocal Cooperation Agreement, for the demolition, clearance and other charges associated with the Relocation of Fire Station No. 5; Changing the FY 2011 Capital Budget adopted on March 8, 2011 by Ordinance No. 028995 to increase Revenues Appropriations by $193,800.00 each, B. Motion authorizing the City Manager, or designee, to execute a professional architectural services agreement with Solka Nava Torno, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $211,810.00 for the Fire Station No. 5 Relocation Project. ISSUE: Fire Station No. 5 has reached the end of its economic service life. The facility cannot accommodate certain larger fire trucks and other apparatus. Architectural services are required to prepare plans, specifications, and contract documents to allow the City to proceed with the construction of the new relocated station. The Relocation of Fire Station No. 5 was approved by the voters as part of Proposition 2 of the 2008 Bond Election. Architectural services are necessary to proceed with the project as approved by voters. RECOMMENDATION: Approval of the ordinance and motion as presented. Richard Hooks Fire Chief 361- 826 -3932 RLH@cctexas.com Attachments: A. Additional information B. Prior Actions C. Contract Summary D. Budget E. Site Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean@cctexas.com H:LHOME \VeImaF \GENIFIRE DEPARTMENTS5245 FIRE STATION NO. 5 RELOGA1I1 NWEAWDMemo (KS}.doc ADDITIONAL INFORMATION SUBJECT: Fire Station No. 5 Relocation (Project #5245) CONTRACT: The contract authorizes the Consultant to provide the basic architectural services necessary to prepare plans, specifications, and contract documents to advertise for bids to construct the station. The contract also authorizes architectural bid and construction phase necessary to complete the project. Additional services will be authorized as necessary for required environmental and state permits, surveying, coordination and other services. A contract summary is attached. See Exhibit C. BACKGROUND: The current station is undersized and beyond the serviceable life for the structure and mechanical systems. The November 2008 Bond Election provided for a new fire station to be constructed and all existing personnel and equipment to be relocated. The new station will be located on property at Miller High School and provide a separate multiple use facility for the City and District to use in lieu of rent payments. The location will enable the City and District to generate a greater familiarity of fire and public safety among students. The proposed facility consists of an approximately 6,500 square foot fire station and an 800 square foot joint use facility foot facility for City and District use in lieu of rent. The facility will include required parking, landscaping and other improvements. CONSULTANT SELECTION: The consultant was selected as the most qualified responding firm to the RFP2008 -05 selection process for the project. The firm has prior experience with public safety facilities and fire stations. FUNDING: Funding is available from the Fire Improvements CIP Fund. Corpus Christi Independent School District (CCISD) is providing $193,800.00 toward the project for demolition, clearance, and other charges for the project. H:I HOMEIKEVINSIGEN \FIREISTA #51AEAWDBKGExhA.doc —182— EXHIBIT "A" Page 1 of 1 PRIOR ACTIONS SUBJECT: Fire Station No. 5 Relocation (Project #5245) PRIOR COUNCIL ACTION: 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) 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) February 8, 2011 — Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement and a Ground Lease with the Corpus Christi Independent School District ( CCISD) for a 0.993 acre tract of land (43.255 square feet) of the Seven Oaks Addition to build a new Fire Station Number Five and an 800 square - foot Joint Use Facility to be used for CCISD educational purposes and for City business for a term of fifty (50) years (Resolution No. 028945). 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: 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). 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). 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). Exhibit B Page 1 of 1 —183— CONTRACT SUMMARY 1. SCOPE OF PROJECT (Fire Station No. 5 Relocation — Project No. 5245) The current station is undersized and beyond the serviceable life for the structure and mechanical systems. The November 2008 Bond Election provided for a new fire station to be constructed and all existing personnel and equipment to be relocated. The new station will be located on property at Miller High School and provide a separate multiple use facility of approximately 800 -sf in size including restrooms for the City and District to use. The proposed facility will be approximately 6,500 -sf and include parking for fire personnel. The project will include required demolition, clearance, environmental coordination, basic design, bid and construction phase services necessary to produce the specifications, plans, bid and contract documents necessary to demolish existing buildings and structures, and to construct a new Fire Station No. 5 and separate multiple use facility. The A/E will provide additional services as authorized required for the project, and have issued the required certifications and a certificate of occupancy. A. Basic Services. 1. Preliminary Phase. The Architect/Engineer -A/E will: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations to the City. Coordinate all required services with the Geotech Lab. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of one (1) formal meeting with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report of identified feasible alternatives, and review with City staff to produce an acceptable format. The Draft Engineering Letter Report will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The NE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, H:Shared1 Kevi ns1G en!Fi re /St a5 /AEAwd S umt Ex hC —184— EXHIBIT "C" Page 1 of 8 and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements to be acquired, and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Exploration) standards (CI /ASCE 38 -02). Subsurface investigation will be paid as an additional service. 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY), 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates and design alternatives. 8) Provide a letter stating that the A/E and Sub- consultant Engineers have checked and reviewed the Draft Engineering Letter Report prior to submission. d. Assimilate all review comments of the Draft Engineering Letter Report (if any) and provide one (1) set of the Final E ngineering Letter Report (electronic and hard copies using City Standards as applicable) suitable for reproduction. Said Final Engineering Letter Report henceforth becomes the sole property and ownership of the City of Corpus Christi. 2. Design Phase. the A/E will: a. Study, verify, and implement Engineering Letter Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. H: Shared/ Kevins /GertlFirefSta5 /AEAwdSumtExhC -185- EXHIBIT "C" Page 2 of 8 c. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system for utility manholes. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non- standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub - consultant NE shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies 14.SharedfKevinsf Gen /Fire /Stay /AEAwdSumtExhC —186— EXHIBIT °C" Page 3 of 8 using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. m. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. n. Provide a Storm Water Pollution Prevention Plan, if required. 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 4. Construction Phase. The NE will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia H: S h are dIKevi n s1G a n1F i reWS t a51A E Awci S u mt E xh C —187— EXHIBIT "C" Page 4 of 8 s —. format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image - viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red- line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. B. Additional Services (ALLOWANCE) The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Department of Licensing and Regulation (TDLR ) b. City of Corpus Christi Building Permit 2. Topographic Survey and Parcel Descriptions. A/E will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. A/E will submit individual parcel descriptions and survey plats to the City along with all title reports obtained in Section 2. A strip map showing all parcels required will be submitted along with parcel descriptions. The NE will field mark and delineate all new right -of- way lines upon request of the City's Land Acquisition Division. 3. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 4. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: H: Shared /KevinsIGenfFire /Sia5JAEAwdSumf ExhC —188— EXHIBIT "C' Page 5 of 8 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with NE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist NE in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, NE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a weekly report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific H: SheredJKevinsIGer 'WFire &Sta5 /AEAwdSumtExhC —189— EXHIBIT "C" Pageeof8 observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per site visit, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of NE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 5. Renderings. Provide a maximum of two (2) architectural 3D color renderings for visualization and for promotional use by the City and Library Staff. 6. Public Art Coordination. Provide coordination and design assistance with public art installation. Ensure that there is appropriate allocation of space, supporting structure and integration into building design concept. 7. Coordination Fee: Furniture, Fixtures and Equipment (FF +E). Provide design coordination for integration of user- furnished furniture and equipment not included in scope of construction contract. Provide CAD layout assistance to ensure adequate space and function of furnishings and equipment such as computer desks, work stations, shelving, office equipment, etc. Coordinate color and material selection of FF +E with building design concept. 8. Basic Commissioning Services. Provide on -site services and verification for all start-up procedures during actual start up of major project components, systems, and related appurtenances if needed and required. 9. Windstorm Certification. Provide on-site services and verification for all building components requiring windstorm certification such as new glazing system and roof replacement. Provide WPI -1 and WPI-2 certificates to Texas Department of Insurance. 10. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year- period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. H: Shared/ Kevina /GenIFire /Sta5fAEAwdSumtExhC -190- EXHIBIT "C" Page 7 of 8 2. SCHEDULE The design process is anticipated to take approximately 8 months with receipt of bids in January 2012. Construction is anticipated to be complete no later than Januar 2013. 3. FEES Summary of Fees — Fire Station No. 5 (5245 I TOTAL BASIC SERVICES 1 Preliminary Phase $27,617.00 2 Design Phase 99,546.00 3 Bid Phase 3,110.00 4 Construction Phase 21,096.00 Subtotal Basic Services $151,369.00 1 ADDITIONAL SERVICES 1 Permit Preparation a. TDLR Review (ADA Compliance) b. City Building Permiting Subtotal Permit Preparation 1,320.00 2,730.00 4,050.00 2 Topographic Survey 6,559.00 3 Environmental Issues 3,000.00 4 Construction Observation Services 29,750.00 5 Renderings (2 maximum) 4,000.00 6 Public Art Design /Coordination 1,340.00 7 Coordination Fee: Furniture, Fixtures & Equipment 2,720.00 8 Basic Commissioning Services 2,000.00 9 Windstorm Certification 4,952.00 10 Warranty Phase 2,070.00 Subtotal Additional Services $60,441.00 1 TOTAL FEE $211,810.00 The estimated cost of construction of the Fire Station No. 5 is $1,761,500. The total basic services fee proposal for this project is $151,369. Therefore, the percentage of design cost to construction cost is 8.59 %. H: SharedfKevirts /Gen!rire /Sta51AEAwdSumtExhC -191- EXHIBIT "C" Page 8 of 8 FIRE STATION No. 5 RELOCATION (PROJECT NO. 5245) PROJECT BUDGET April 19, 2011 FUNDS AVAILABLE: ESTIMATED BUDGET Fire Improvement CIP Fund (CIP PHS 2) $ 2,100,000.00 Interlocal Agreement (CCISD) Resolution # 028945 $ 193,800.00 Total $ 2,293,800.00 FUNDS REQUIRED: Construction Cost (Estimated) $ 1,761,500.00_ 140,920.00 Construction Contingencies (8 %) AIE Consultants (Solka Nava Torno, LLC) (Basic Services = $151,369 or 8.6% of Construction) 211,810.00 Material Inspection Testing & Laboratory Services (Kleinfelder) 38,000.00 Engineering Reimbursements 35,000.00 Finance Reimbursements 20,000.00 Incidental Expenses (Printing, Advertising, etc.) 20,000.00 Public Art (1.25% of Construction) $ 22,019.00 Total $ 2,249,249.00 Variance 44,551.00 EXHIBIT "D" Page 1 of 1 \Mpraject \cauncilexhibits \ exh5245. dwg EXISTING FIRE STATION PROPOSED FIRE STATION CORPUS G(RTSV BAN LOCATION MAP NOT TO SCALE ' ~) 44%1 .3p BUFFALO ST, EXISTING FIRE STATION :. , • - STREET ANTELOPE ST PROPOSED PROJECT SITE LEOPARD ST. LEOPARD ST R a n i° PROJECT #5245 VICINITY MAP NOT TO SCALE EXHIBIT "E" FIRE STATION No. 5 RELOCATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4/19/2011 r Page 1 of 2 ORDINANCE APPROPRIATING $193,800.00 IN THE FUND NO. 3350 "PUBLIC HEALTH AND SAFETY CIP FUND" FROM ANTICIPATED REIMBURSEMENTS TO BE PAID BY THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT IN ACCORDANCE WITH THE INTERLOCAL COOPERATION AGREEMENT, FOR THE DEMOLITION, CLEARANCE, AND OTHER CHARGES ASSOCIATED WITH THE RELOCATION OF FIRE STATION NO. 5; CHANGING THE FY 2011 CAPITAL BUDGET ADOPTED ON MARCH 8, 2011 BY ORDINANCE NO. 028995 TO INCREASE REVENUES AND APPROPRIATIONS BY $193,800.00 EACH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUSCHRISTI, TEXAS: SECTION 1. An amount of $193,800.00 from anticipated reimbursements to be paid by the Corpus Christi Independent School District in accordance with the Interlocal Cooperation Agreement is appropriated in the Fund No. 3350 "Public Health and Safety CIP Fund" for the demolition, clearance, and other charges associated with the relocation of Fire Station No. 5. SECTION 2. The FY 2011 Capital Budget adopted on March 8, 2011 by Ordinance No. 028995 is changed to increase revenues and appropriations by $193,800.00 each. ATTEST: Armando Chapa City Secretary APPROVED AS FOR II: 13- Apr -11 Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 042611 ORD APP $193,800 for relocation of Fire Station No, 5 —194— That the foregoing ordinance was read for th v} reading on this the 1°1-1+1 day of first time and passed to its second , 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 (00,6,54 a�� ant PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: Joe Adame Mayor By: Veronica Ocanas, Assistant City Attorney for the City Attorney 18 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: April 19, 2011 Public hearing and first reading ordinance to consider abandoning and vacating a 25,743.96- square foot portion (0.591 Acre) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of -way, out of Section 28, Lots 8 and 9, Flour Bluff and Encinal Farm and Garden Tracts, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way; Subject to compliance with the specified conditions. ISSUE: The abandonment and vacation of this portion of public right -of -way is being requested to accommodate the future development and construction of buildings in the area. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 1, requires Council approval to abandon and vacate any portion of an easement. PRIOR COUNCIL ACTION: May 2, 1984, (Ord. No. 18212) - Council approved and granted the abandonment and vacation of a portion of an undeveloped and unsurfaced dedicated public right -of- way, out of Lot 10, Sec. 31, Flour Bluff & Encinal Farm & Garden Tract, to accommodate the future development and construction of buildings in the area. IMPLEMENTATION SCHEDULE: Within 180 days of Council approval and issuance of the ordinance, all grants of establishment or closing of public streets, alleys, or other public ways must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, that being the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services, as in accordance with City of Corpus Christi, Code of Ordinances §49- 12(a), as amended and approved on July 13, 2004, by Ordinance No. 025816. RECOMMENDATION: Staff recommends approval of the or inance as pr ented. Juan Perales, , P.E. Assistant City anager Engineering-and-Development Services-- Email: JohnnyP@cctexas.com Telephone: 361 -826 -3828 Attachments: Exhibit A - Background Information Exhibit B — B-1 Ordinance Request B -2 Copy of Ordinance Exhibit C - Site Location Map (a.k.a. Map of Proposed Public Right of Way Closure) Exhibit D - D -1 Metes and Bounds description of Road Closure Tract D -2 Accompanying Location Map D -3 Accompanying Sketch H:1 LEG -D1R \Shared \LEGAL- DEV.SVCS12011 Agenda14 -19 -11 \Abandon & Vacate.Oso River Estates14-1- 1 1 AgMemo.DWBrevised.doc -199- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bass & Welsh Engineering, on behalf of owners, Gladys Mattie Smith and Frost National Bank, co- trustees of the Gladys Mattie Smith Trust, Gladys Mattie Smith individually, Patricia Peterson Nuss and Chris Ann Peterson Brown ( "Owners "), is requesting the abandonment and vacation of a 25,743.96- square foot portion (0.591 acres) of a 20 -foot wide undeveloped, dedicated public right - of -way, out of Lots 8 -9, Section 28, Flour Bluff and Encinal Farm & Garden Tracts, said public right of way, being located south of the South Padre island Drive (SH 358) state right -of -way. Owners are requesting the street abandonment and vacation to accommodate the future development and construction of buildings in the area. The public right -of -way to be abandoned and vacated is located in a B -4 "General Business District ". On May 2, 1984, (Ord. No. 18212), City Council approved and granted the abandonment and vacation of a portion of an undeveloped and unsurfaced dedicated public right -of -way, out of Lot 10, Sec. 31, Flour Bluff & Encinal Farm & Garden Tract, to accommodate the future development and construction of buildings in the area. The public right of way abandoned and vacated by Ord. No. 18212 is adjacent to the public right away currently requested to be abandoned and vacated. All public and franchised utilities were contacted. The City Water Department has an existing 8 -inch waterline adjacent to the proposed portion of public right -of -way to be abandoned and vacated and is requiring that the Owners retain a minimum 10 -foot wide utility easement because of the water main. The City Storm Water Department has an existing infrastructure within the proposed portion of the public right -of -way to be abandoned and vacated and is requiring that the Owners retain a minimum 10 -foot wide utility easement for their infrastructure. None of the other public or private departments or utility companies had any objection to the closure. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case and also because Owners will be dedicating a utility easement of greater size and value. Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications must be recorded at owner's expense in the real property Map Records of Nueces County, 1 exas, in which the property rslocafed. Prior to the-recordation of h street closure, an up- to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. The Owner has been advised of and concurs with the conditions of the right-of-way abandonment. Agenda Memo Exhibit "A" H:1 LEG- DIR1SharedlLEGAL- DEV.SVCS12011 Agenda14 -19 -11 \Abandon & Vacate.Oso River Estates14 -1- I 1 Addt'IB ckgrd. DWBrevised.doc —200— FROM: Juan Perales,Jr., Asst. City Manager Engineering and Development Services DATE: March 10, 2011 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: April 19, 2011 ORDINANCE CAPTION: Public hearing and first reading ordinance to consider abandoning and vacating a 25,743.96- square foot portion (0.591 Acre) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of- way, out of Section 28, Lots 8 and 9, Flour Bluff and Encinal Farm and Garden Tracts, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way; Subject to compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Pages 41 -43, of the Map Records of Nueces County, Texas SPECIFIED CONDITIONS AS PART OF CLOSURE: (A) In accordance with City of Corpus Christi, Code of Ordinances §49- 12(c)(4), considering that the public street right away at issue has not been improved or used for any public street purpose, payment of the fair market value is waived. (B) The City Water Department has an existing 8 -inch waterline adjacent to the proposed portion of the public right -of -way at issue and is requiring that the Owners retain a minimum 10 -foot wide utility easement because of the watermain. (C) The City Storm Water Department has an existing 36 -inch storm sewer line within the proposed portion of the public right -of -way at issue and is requiring that the Owners retain a minimum 10 -foot wide utility easement for their infrastructure. (D) Within 180 days of Council approval and issuance of the ordinance, all grants of establishment or closing of public streets, alleys, or other public ways must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, that being the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services, as in accordance with City of Corpus Christi, Code of Ordinances §49- 12(a), as amended and approved on July 13, 2004, by Ordinance No. 025816. Approved: Date: REQUESTED BY: Juan Perales,Jr., Asst. City Manager Engineering and Develop en Services DATE: 1 f Agenda Memo Exhibit "B-I." FE:\ LEG- DIR\ Shared \LEGAL- DEV.SVCS12011 Agenda14- 19- 11\Abandon & Vacate.Oso River Estatesl4 -1 -11 Other- ConditionsDWBrevlsed.doc -201- Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 25,743.96- SQUARE FOOT PORTION (0.591 ACRE) OF A UNDEVELOPED AND UNSURFACED 20 FOOT WIDE, DEDICATED PUBLIC RIGHT -OF -WAY, OUT OF SECTION 28, LOTS 8 AND 9, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAID PUBLIC RIGHT OF WAY BEING LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358), AND WEST OF THE PAUL JONES AVENUE, PUBLIC STREET RIGHTS OF WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, Bass and Welsh Engineering, on behalf of owners, Gladys Mattie Smith and Frost National Bank, co- trustees of the Gladys Mattie Smith Trust, Gladys Mattie Smith individually, Patricia Peterson Nuss and Chris Ann Peterson Brown, is requesting the abandonment and vacation of a 25,743.96 - square foot portion (0.591 Acre) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of -way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 8 and 9, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way, in order to accommodate the development of adjoining property; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, April 19, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the right -of -way, subject to the provisions below. [Exhibit A - Map of Proposed Public Right of Way Closure, Exhibit B- Metes and Bounds description of Road Closure Tract (B -1), with accompanying Location Map (B -2) and Sketch (B -3).) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 25,743.96- square foot portion (0.591 Acres) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of -way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 8 and 9, as recorded in Volume A, pages 41- 43 of the Map Records of Nueces County, Texas, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. Agenda Memo Exhibit "B -2" H: 1LEG- DIR1SharedtLEGAL- DEV.SVCS12011 Agendat4- 19- 111Abandon 8 Vacate.Oso River Estates\ORDINANCE to abandon and vacate ROW.OWBFinal.docc -202- Page 2 of 3 SECTION 2. The abandonment and vacation of the above right -of -way is conditioned upon compliance with the following: (A) In accordance with City of Corpus Christi, Code of Ordinances §49- 12(c)(4), considering that the public street right away at issue has not been improved or used for any public street purpose, payment of the fair market value is waived. (B) The City Water Department has an existing 8-inch waterline adjacent to the proposed portion of the public right -of -way at issue and is requiring that the Owners retain a minimum 10 -foot wide utility easement because of the watermain. (C)The City Storm Water Department has an existing 36 -inch storm sewer line within the proposed portion of the public right -of -way at issue and is requiring that the Owners retain a minimum 10 -foot wide utility easement for their infrastructure. (D) Within 180 days of Council approval and issuance of the ordinance, all grants of establishment or closing of public streets, alleys, or other public ways must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, that being the county in which the property is located. Prior to permitting any construction on the land, an up-to-date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services, as in accordance with City of Corpus Christi, Code of Ordinances §49- 12(a), as amended and approved on July 13, 2004, by Ordinance No. 025816. Signature page follows. H:1 LEG- DIR1Shared1LEGAL- DEV.SVCS12b11 Agendal4- 19- 11 \Abandon & Vacate.Oso River EstateslORD1NANCE to abandon and vacate ROW.DWBFinal.docx —203— Page 3 of 3 That the foregoing ordinance was rea for the first time and passed to its second reading on this the 19 rtn day of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal )fin3 John E. Marez Nelda Martinez Mark Scott Linda Strong That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form April 7, 2011. By: Joe Adame Mayor eborah Walther Brow Assistant City Attorney or City Attorney H:1LEG -DIR \Shared \LEGAL- DEV.SVCS12011 Agenda14 -19 -11 Abandon & Vacate.Oso River Estates\ORDINANCE to abandon and vacate ROW.DWBFinal.docx —204— Proposed Public Right of Way Closure Right of Way 8 450' Buffer O4/0112Of1 Prepared Ey: 3RR Department of Development Services -205- Agenda Memo Exhibit "C" MURAAV BAS'S; Ig„ P R.P.LS. 3t154 S. ALAIttLiA, %1P 1,114E14 NiA:C.N M. WELsiit PLRPLS , PH, 31 882-5521,— FAt 361 882-1265 www.bass-welsh.com nU mm-razirqqw±.Q.orz nitm a:44, ooln MSS. & wt-lis,a„-ExcaNtER " 639-T- co.rgus . cheiso.s, TX 78466397 Road Clasuit.Trant. STATE Or i LAAS C.:MINTY OF NuEms larwary 5, 2011 09022-M&Rldoe Pe§00011.0a0.591„ acre rac of .144110m (F Ioss, PPrtiOrt:Oft44'S 0,0;$.01i0PA. flow 44iff, . . . Form and Gatdeiitr4.01, a nip Of*,hini). s rp-Oortipd in Volume Reeords'i_Nneops COW, Texas, said 0.591 Ante tact for road C.10$iltda..$ ftatiler deseribed by nitteS And bounds as *41004; BEG3NNING at:a point in th e tonthWeSt. fight-of-wAy Iiicf salth.Padratiandriii*ottit6 Higovay 3$8) or the easterrinioSttorner of the front herein described and nottilbrnmost Orner of Lot 1-A, Peify PlaSe. Ann* 'S"„ map of which is recorded in 'Volume 49, Page 14, said map records; THENCE $29°00'004"‘i.V along tn nordwpst l)otaidaly line of Raid Lot 1.A„. 4t609;.12,0' p4ss :00 pomnion corner or said Lot 1,,A.:oto:obwietaroa obillot of Lot 24,ga-id peaty liaee Anna ..t?-.2114 atorig the northwest 1-ionridaty lite of said Lt 2A. kt.ail a:diAtatioe of 12811,32 to a Toiht.ta tbe §otitheilukott Witie• of th6 trantliereiri eltscribei% said SOutliernineitt.borner hears N29%000M-57.50' frOm a poir4 in die anterline blWillia.m6 Drive for th e. sdiirnaintiii3St caner of said .Lot 9: THENCE N61*0000"W.21100' to #.poilA for the w;stexnroost: corner of tile tTact hercn deysoibedi. TfigrsiCt s0'oovo.t 1,200.43.- to a:point :it($ctidLot S aid n aid gpathwest riglyt-d-We Lim af $01.004dre.. island Drive .for the northernmost earner of the trAa'bordin:destliboi; THENCE along said southwest f itofIvny line f South Padre Tatand Drive 363'32'55'E •20.02' tO the PONT BRGINNING, a sketch sliming said 0391 acre traei described' herein being attached hereto as Exhibit 'on M. Walsh, PE., R.P.L.S. Agenda Memo Exhibit "0-1" Page 1 of -206- ENCIND DR.=, ENN IS JOSLIN RD. FALCON ST. LEXINGTON RD. ENNIS J0SLIN RD. 20' WIDE STREET ROW TO BE CLOSED, 0.591 AC PAUL JONES AVE A 1 0 A C D Z D A Vl 3a at m 1 i ci P AP R p Z! L❑CATION MAP 1 1' = 1500' BASS AND WELSH ENGINEERING CORPUS CHRIST[, TX F1RAI NO. F -52 FILE EXB -STR CLOSURE1 JOB NO. 09022 SCALE: 1" = 1500' PLOT SCALE SAME PLOT GATE: 1/07/11 SHEET 1 OF 1 -207- Agenda Memo Exhibit "D -2" Agenda Memo Exhibit "113-3" FB & EF & GT. SECT. 28, V. ' A', P, 41 — 43, M. R. 1 I 40' ROAD AY. V. • A' , P. 41 — 43,1 M. R. LOT 24 FB & EF & GT, SECT. LNUJ' 00' . n "E 37.50' FROM 31, LOT 11, V. A• , THE SCORNER OF' P. 41 •••43, M. R.1 1 LOT. 9 TO THE SiSJTHERNMOSTD CORNER . 1 , SUBJECT TRACT 1N81'00' V 20,00' 20' WIDE STRIP FOR STREET CLOSURE, 0. 591 AC. LAT 9 N29' 00' 00' E 1286.43 • OO' 00.11 1287.32 CL WILLIWMS DR. LOT 2A FB & EF & GT, SECT. 28, V. ' A' . P. 41 — 43, M. R. 10' UE LEAST PORTION OF 20' STREET CLOSURE 609.20' LOT IA 20' ROAD CLOSED BY CITY COUNCIL.. ORA 18212 PEARY PLACE ANNEX •E' V. 49, P. 184, M. R. EXHIBIT ''B# SKETCH TO ACCOMPANY METES AND _BOUNDS DESCRIPTION 7. S63' 53• E 20.02' LO r mY VI tw BASS AND WELSH ENGINEERING, CARPUS CHRISTI, TX REGISTRATION NO. F-52 EX&-STR CLOSURE 1• » 200' JOB NO. 09022 PLOT DATE 04/07/11 SHEET 1 OF 1 19 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: April 26, 2011) Case No. 0311 -02: April 26, 2011 The NRP Group: A change of zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District resulting in a change of future land use from a heavy industrial use to a commercial use. The property to be rezoned is Hawn Tract, Lots D & E, and a portion of Lot C, located between Leopard Street and Lipan Street along the east side of Palm Drive. Staff's Recommendation: Approval of the applicant's request for a change in zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District. Planning Commission's Recommendation: Denial of the applicant's request for a change in zoning from the "1 -3" Heavy Industrial District to the "B -5" Business District, and in lieu thereof, approval of a Special Permit with two (2) conditions. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation. J `. n Perales, . r., P.E. Assistant City Manager Departments of Engineering and Development Services Enialll: lohnnyp @ cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance H:1PLN- DIRISHAREDS1. PLANNING COMMISSION12011 CC\APR 201110311.02 THE NRP GROUP 10311 -02 AGENDA MEMO.DOC —211— CITY COUNCIL ZONING REPORT Case No.: 0311 -02 Planning Commission Hearing Date: March 16, 2011 Applicant & Legal Description Applicant: The NRP Group Owner: Steven Halaj Representative: George Clower Legal Description/Location: Hawn Tract, Lots D & E, and a portion of Lot C, located between Leopard Street and Lipan Street along the east side of Palm Drive. Zoning Request From: "I -3" Heavy Industrial District To: "B -5" Primary Business District Area: 5.2 Acres Purpose of Request: Allow for the construction of a multiple family development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "I -3" Heavy Industrial District Commercial & Light Industrial Commercial & Light Industrial North "B -5" Primary Business District Commercial & Light Industrial Commercial South "I -3" Heavy Industrial District Vacant & Light Industrial Light Industrial East "I -3" Heavy Industrial District Commercial & Light Industrial Light Industrial West "I -2" Light Industrial District & "A -2" Apartment House District Light Industrial & Public /Semi- Public Light Industrial & Public /Semi- Public ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for a light industrial use. The proposed change in zoning to the "B -5" Primary Business District is not consistent with the Westside ADP and the adopted Future Land Use Map. Map No.: 047,044 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "B -5" Primary Business District is to allow for the construction of a multiple family development. • Transportation and Circulation: The Subject Property fronts upon three streets: Leopard Street, Palm Drive, and Lipan Street. Leopard Street is an "Al" Minor Arterial Street, Lipan Street and Palm Drive are "Cl" Minor Collector Streets. —212— City Council Zoning Report Case No: 0311-02, NRP Group Page 2 Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation plan Type Traffic Volume 2008 Leopard Street 95' R.O.W., 64' paved No Change "Al" Minor Arterial 7,809 Palm Drive 60' R.O.W., 40' paved No Change "CI" Minor Collector NIA Lipan Street 60' R.O.W., 40' paved No Change "Cl" Minor Collector NIA • Relationship to Smart Growth: The proposed rezoning has many positive implications relating to smart growth. The proposed development will build on an existing industrial area and redevelop a currently vacant and underused property. The project provides new residential opportunities which may act as a catalyst to attract commercial and retail development. The use of federal grants will invite more economic development to an area that is in need of urban renewal. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Westside Area Development Plan (ADP) indicates that the subject property is planned for light industrial uses. The proposed change in zoning is not consistent with the Westside ADP and the adopted Future Land Use Map of the Comprehensive Plan. However, the Comprehensive Plan and the Westside ADP directs to increase the desirability of neighborhoods by expanding some uses. The placement of new housing opportunities would increase that desirability and act to draw more development to a blighted area. Encouragement of economic development is a main tenet of the Comprehensive Plan and is expressed though various statements surrounding residential expansion, innovation, and affordability. Plat Status: The subject property is platted. Department Comments: • While the property is designated as a Light Industrial future Iand use, it is more beneficial to the community to increase a residential opportunity. • A multiple family development will serve to attract more retail and commercial uses to an area that has few current economic opportunities. The expansion in this are will aid in the reduction of economic blight. Staff's Recommendation: Staff recommends approval of the change of zoning from the "I -3" Heavy Industrial District to the "B -5" Primary Business District. —213 — City Council Zoning Report Case No: 0311 -02, NRP Group Page 3 Planning Commission's Recommendation: Denial of the "B -5" Business District, and in lieu thereof, approval of the "I -3 /SP" Heavy Industrial District with a Special Permit and the following two (2) conditions: 1.) Uses: All uses in the "I -3" Heavy Industrial District, plus the allowance of a 120 -unit multi - family residential complex. 2.) Time Limit: Such a Special Permit shall be deemed to have expired within eighteen (18) months of the date of this ordinance, unless the property is being used as outlined in Condition #1. - 111 Number of Notices Mailed Total — 32 within 200' notification area; 2 outside notification area Favor — 8 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0% As of April 14, 2011 Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use H:IPLN- D1RISHAREDI1. Planning Commission12011 CC\Apr 2011\0311 -02 The NRP Group\CC Zoning Report 0311 -02, The NRP Group (1 -3 to B- 5).doc —214— L.fORA RD 'ST mi...0464•Tit A . $- T HAWN TRACT F SUBJECT PROPERTY poRr AVE PRO,P R - 13. 01,LY CROSS. CglvtaTARY E.. ItAW1100SAS1,1 AND P.,C1O-R- CO. TRACT 03/01/2011 -papered SRR _,Feet Department 0 Development- S micas CAS:314-02 1. SUBJECT PROPERTY Subject Property SUBJECT PROPERTY jLOCAT1ON MAPI oRGA —215— 5 4 3 2 1 1BTER A2TERRA CE 1�[ /E_ 5 '47 LEOPARD ST LUPAN ST R -1B QLLY CROSS OEMETARY - E HAW B :4$H AND DOOR CO T'R.ACT $re red _iFeet Department of Deeiropment S e cam, n34 4_LI __ 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP AA Apartment House District 1 -1 Limited Industrial District A1A Apartment House District 1 -2 Light Industrial District A-2 Apartment House District 11-3 Heavy Industrial' District AB Professional Office District PUD Planned Unll Development AT Apartment - Tourist District R -1A One Family Dwelling District B-1 Neighborhood Business District R -4B One Family Dwelling Disrict B-1A Neighborhood Business District R -1C One Family Dwelling District B-2 Bayfrem Business District R -2 Multiple Dwelling District B-2A Battler Island Business District RA One Farn y Dwelling District 2-3 Business District RE Residential Estate District 2-4 General Business District R -TH Townhouse Dwelling Distrlol &5 Primary Business District SP Special Permit B-6 Primary Business Care Dislricl T 1A Travel Trailer Park District BD Corpus Christi Beach Design Dist. T -18 Manufactured Home Park District F-R Farm Rural District T -1C Manufactured Home Subdivision HC Hlstorira•Cultural Landmark District Preservation rm,L�LI Subject Property Qwnera with 200' buffer in favor 4 Owners within 200' listed on V Owners attached ownership table X in opposition 1120H :SRR rvtces CHANN8J- Corpus Chdstt Pay ...� ePARO SUBJECT PROPERTY S ILOCATION MAP -216- COM ASP PSP PSP A LI COM COM LI COM LI COM LI LI LI LI LI LI .0 2 LI stmoslitotaTif 2 A ST VAC LI VAC LI PSP PSP PSP LI VAC PSP PSP PSP I. IPA N S, T PSP LI LI LI PSP PSP PSP 400 COMCOM LI LI Li LI LI LEOPARD, ST COM reW/ /7.r.digill LI m LDR 14h1:a HDR PO COM COM COM .'OM ON Li PSP S4JBJECT PROPERTY 3 LiPAN ST LI LI LI VAC LI Prepare40 Ely: Department of Development S rvlces CASE: 047 1_0_ 3. SITE- EXISTING LAND USE Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial m Hri DC cP DUI Map Scale: 1:2,400 Light lndustdal Heavy industrial Public Seml•Publlc Park Drainage Corridor Conservation /Preservation Water CHANNEL SUBJECT PROPERTY W N ANL S GNE 1LOCATION MAPI P.4R77 `_ -. xl NORGAN • ■14/T /4. Corpus Christi G, ' City of Corpus Christi -217- rsrHs PSPHS SUBJECT PROPERTY L IPA PSPHS PsPPL B PSPCEM 800 Feet 03 V2011 Prepared yy: SRR Department &Development S rites F221 m EEL FES Po CASE: 031 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional ice Commercial Transportation Plan Existing Proposed =limp ,Expressways mem - Arterials - - - - - Collectors ---- 011111 Parkway 000 +1ii-1- Railroad 4+14+ IUD m m IDP1 Tourist Research/Business Park Light Industrial Heavy Industrial Public Semi- Public Park Drainage Corridor Dredge Placement ® Water Conservation /Preservation IcP1 Map Scale: 1:2,400 LOCATION MAP -218- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall March 16, 2011 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Absent* James Slcrobarczyk Johnny R. Martinez Evon J. Kelly *Absent* John C. Tamez *Absent* Govind Nadkarni Mark Adame John Taylor *Absent* STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode - Macon, Assistant Director, Development Services *Arrived at 6:15 pm* Miguel S. Saldana, AICP, Senior City Planner Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney Ashley Satterfield, Recording Secretary John Bell, Legal Consultant *Arrived at 6:10p.m.* Elena Juarez Buentello, Planning Technician *Arrived at 6:00 p.m.* Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espaiiol a ingles en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:37 p.m. and a quorum was declared. B. ZONING 1. New Zoning Mr. Dimas presented Case No. 0311 -02 The NRP Group and staff recommended approval. a. Case No. 0311 -02 The NRP Group: A change of zoning from the "I -3" Heavy Industrial District to the `B -5" Business District resulting in a change of future land use from a light industrial use to a commercial use. The property to be rezoned is Hawn Tracts, Lot D, E and a portion of Lot C, located between Leopard Street and Lipan Street alon • the east side of Palm Drive. Commissioner Skrobarczyk commented on the area being transitional and Mr. Dimas responded yes the economic development in this area is transitioning. Johnny Perales, Assistant City Manager, Engineering & Development Services, added the demand for the "I -3" Heavy Industrial District was not high in this area. The public hearing was opened. George Clower, representative, came forward and gave details on the project. Mr. Clower requested, on behalf of the applicant, that the Planning Commission grant a Special Permit due to conditions with closing of the property. Mr. Clower continued that once the property was closed, the company would immediately apply for the proper zoning of the `B -5" Business District. —219— Planning Commission Minutes March 16, 2011 Page 2 Commissioner Martinez asked staffs opinion on the request for a Special Permit and Mr. Saldana stated staff does not support residential in an industrial district. Commission Nadkarni inquired about the proposed conditions of the Special Permit and Mr. Saldana stated staff can generate conditions for the density, units and time limit. Brad Knolle, applicant, came forward and stated the application provided for state funding was based on 120 units for a residential complex. Chairman Garza commented on the small risk of the applicant abusing the zoning. Commissioner Skrobarczyk inquired about the time limits for Special Permits and Mr. Saida na stated three years was the maximum time limit allowed. Mr. Clower stated eighteen (18) months was sufficient. Chairman Garza asked if the one year waiting period before being able to return to Planning Commission applied to this case and Mr. Saldana responded yes because the original request was being denied. The public hearing was closed. A brief discussion was held on establishment of the conditions for the Special Permit to allow residential. Motion to approve a Special Permit with two (2) conditions was made by Commissioner Skrobarczyk and seconded by Commissioner Nadkarni. Motion passed unanimously with Vice - Chairman Huerta, Commissioner Kelly, Commissioner Taylor and Commissioner Tamez absent. Deborah Brown, Assistant City Attorney, stated the request for a waiver was based upon changing conditions or significant new information. Ms. Brown continued that the ownership will change and the funding from the State should be complete. H:4PLN- DIRISHARED51. PLANNING COMMIS Si ON12011 CC APR 2011\0311 -02 THE NRP GROUP50311- 02 IVONOTES EXC.DGC -220- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE NRP GROUP, BY CHANGING THE ZONING MAP IN REFERENCE TO HAWN TRACT, LOTS D & E, AND A PORTION OF LOT C, LOCATED BETWEEN LEOPARD STREET AND LIPAN STREET ALONG THE EAST SIDE OF PALM DRIVE, FROM THE "1 -3" HEAVY INDUSTRIAL DISTRICT TO THE "I -3 /SP" HEAVY INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT AND TWO (2) 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 The NRP Group, 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 16, 2011, during a meeting of the Planning Commission, and on Tuesday, April 26, 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 Hawn Tract, Lots D & E, and a portion of Lot C, located • between Leopard Street and Lipan Street along the east side of Palm Drive, from the "1 -3" Heavy Industrial District to the "1 -3/ " 117_dt_striaLDistrict with_._a Special Permit and two (2) conditions, not resulting in a change of future land use (Zoning Map 042,036) (Exhibit A - "Applicant's Request "; Exhibit B- "Planning Commission's Request "). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following two (2) conditions: 1.) Uses: All uses in the " € -3" Heavy Industrial District, plus the allowance of a 120 unit multi- family residential complex. H:ILEG- DIR1Shared \LEGAL- DEV.SVCS12011 Agendal4- 26- 111The NRP Group (The Palms Leopard)104.14.11.0311 -02 Ordinance (PC Rec 1 -3 to 1 -3 -SP) 1DWBFinal.doc -221- Page 2 of 3 2.) Time Limit: Such a Special Permit shall be deemed to have expired within eighteen (18) months of the date of this ordinance, unless the property is being used as outlined in Condition # 1. 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 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 lVday of 50r, / , 2011 orah Walther Brown ssistant City Attorney For City Attorney H: 1LEG- DIR \SharedILEGAL- DEV.SVCS12011 Agenda14- 26- 111The NRP Group (The Palms @ Leopard)104.14.11.0311 -02 Ordinance (PC Rec 1 -3 to 1- 3- SP)_1DWBPinal.doc —222— Page 3 of 3 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- Kiesehniek Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1LEG- DIR1Shared \LEGAL- DEV.SVCS12011 Agenda14- 26- 11 \The NRP Group (The Palms @ Leopard)104.14.11.0311 -02 Ordinance (PC Rec 1 -3 to 1- 3 -SP)_1 DWBFinal.doc -223- 7 8 8 5 9 4 10 1.1 ® .2 .12 1 2 = 41,N4 Sr 11 1. L1FAIV sr 11 4 1 LEOPARD sr —6.71 R113 40.LL lf CROSS c METARY 2 3 HAWN 8 A 1 2 kitcr SUBJECT PROPERTY Potk• AVE L_I•AN $r 3 -CASE=0311 -02 EXHIBIT A APPLICANT'S REQUEST FROM: 1-3 TO: B-5 ORDINANCE NO. 8 6 NA.W.1100SASIS AND DOOR Q ritAci . Melt Feet DePartMellt Qw revffrairtgr res CHANNEL Copia Christi any SUBJECT PROPERTY r—ViaNE N Al& NO' E ORGAN _V..00ATION MAP Er Cityof Corpus Christi —224— Pqf esl Perk dd 7 6 8 5 9 4 10 11 12 I.. 5 4 3 2 IB " 2 C tR ft E RisA L.EOPARC• ST t,1 2 HAWN 1 8Acr 3 124 Ar sr A SUBJECT PROPERTY PORT AVE 8 R-1 6 fak&Y 081188 CEMETARY E 2 3 3 c Ark 6 ttAWlooS A S AND DOOR CQ RAcr iFeet _CASE: _0311-02_ EXHIBIT B PLANNING COMMISSION'S REQUEST FROM: 1-3 TO 1-3/SP ORDINANCE NO. Dvartnterfrof Devroe,orPraterrtS: 2 PRO 2 CHANNEL ziy Corpus Chrrsfilits/ PARC SUBJECT PROPERTY EINE LOCATION MAP MORGAN Er City of \ Corpus \ Christi —225— 20 AGENDA MEMORANDUM April 26, 2011 AGENDA ITEM: Public Hearing and First Reading of an Ordinance adopting a Unified Development Code by merging and modifying the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance into one code; repealing the existing Corpus. Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance; providing for the preservation of former developmental regulations violations; repealing conflicting ordinances; amending conflicting provisions of the City's Comprehensive Plan; providing notice procedures for a city -wide zoning map amendment after a joint hearing of the Planning Commission and the City Council; and providing for publication, severability, and an effective date. ISSUE: Since 2005, efforts have been underway to replace the existing zoning, platting, and other related ordinances governing land development and use within the City of Corpus Christi with a more uniform and current set of definitions, rules, and regulations, designated as the "Unified Development Code" (UDC). The development and review of the UDC has involved various focus groups comprised of citizens throughout the community in an effort to enhance the readability and clarity of the UDC, as well as to help ensure that the UDC reflects the normal sequence of development and provides a coordinated system for development review and enforcement. During its March 30, 2011 meeting, the City's Planning Commission voted to recommend the proposed UDC to the City Council for consideration. A Public Hearing is required prior to City Council consideration and adoption of any ordinance amendments. PLANNING COMMISSION RECOMMENDATION: During the regularly scheduled Planning Commission meeting of March 30, 2011, the Planning Commission voted to recommend the proposed ordinance to the City Council for approval, as amended by the Commission. STAFF RECOMMENDATION: Staff recommends approval of the Ordinance as recommended by the City's Planning Commission. REQUIRED COUNCIL ACTION: Open- Pubfie- Hearing -arid- consider - passage of= the- ordirrarice -on- its -fist- reading. Juan Perales, /Jr., P.E. Asst. City Manager, Engineering and Development Services Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Unified Development Code (under separate cover) -229- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: In 2005, the City of Corpus Christi (the "City ") hired Duncan and Associates to assist in preparing a Unified Development Code (the "UDC ") to regulate land development in the City. The UDC is a document which consolidates the City's zoning ordinance, platting ordinance, and other development regulations into a single document rather than multiple, potentially conflicting, ordinances.. 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 Duncan & Associates is a national consulting firm with its nearest offices in Austin, Texas, and it specializes in the preparation of land development regulations. Additionally, the consulting firms of McGloin + Sween (Corpus Christi), Urban Engineering (Corpus Christi), and Terry Morgan and Associates (Dallas) assisted in creating the UDC. Also, a Blue Ribbon Committee was appointed which represented different sectors of the community who would be impacted by the UDC. The consulting firms conducted interviews of the Blue Ribbon Committee members and various development professionals to understand their thoughts and concerns about the current regulations. On June 5, 2006, a 45 -day review period began in order to get input and comments from the public. The City received' over 500 comments' and needed help in order to address each comment and make recommendations. As a result, the City created seven focus groups of 8 to 16 individuals per group (the "Focus Groups ") in order to review these comments and to address the proposed UDC provisions. The topics reviewed by the Focus Groups were as follows: • Administrative • Base Zoning • Infrastructure Exhibit A Page 1 of 3 • Landscaping • Park Development • Shared Access • Signs The different Focus Groups worked on the project since that time in order to resolve the various issues that were raised when the UDC was originally presented to the City Council. All of the Focus Groups completed their work, and most of the issues were resolved. A few issues in the Shared Access area could not be finally resolved between Staff and the Focus Group, and a few new issues have arisen concerning the compliance of the City's sign regulations with applicable State and Federal regulations. In order to facilitate moving forward on this project, in November, 2010, the City retained John Bell of the law firm of Wood, Boykin & Wolter to assist staff in putting together a presentation schedule, address any conflicts or discrepancies necessary for final adoption, and present the UDC to the Planning Commission and to the City Council for approval. In December, 2010, the Council concurred in the process of presenting the Unified Development Code (the "UDC ") to the Planning Commission, including the initiation of a number of public hearings as required to allow the Commission to act on the UDC. The intent of these hearings was to confirm whether or not the UDC should be adopted to replace the current Platting Ordinance and Zoning Ordinance, and if so, review the proposed document in a public forum. Although the initial estimate was that four or five meetings of the Planning Commission would be involved, the process actually included nine different meetings of the Planning Commission. In addition, the seven different Focus Groups that had been involved in the original development of the UDC reconvened and reviewed the current document drafts during the months of January and February, 2011. Areas of question or concern within each Focus Group were first addressed with staff in the Focus Group meetings, and brought forward to the Planning Commission for final approval. The initial draft of the UDC was also posted on the City's website at the beginning of January, and each requested change, clarification, or question concerning the UDC was listed on a "Punch List" that was also placed and updated on the City's website after each Planning Commission meeting. After each Planning Commission meeting, the draft of the UDC available on the City's website was revised, and a "Prior Drafts" section was updated to provide black -lined versions to show the changes being made. Comments were received through the different Focus Groups, at Planning Commission hearings, and by email. Each comment received was addressed through the Focus Groups and then presented to the Planning Commission by staff. Exhibit A Page 2 of 3 The Planning Commission, during its March 30, 2011 meeting, passed final recommendation of the UDC to the City Council for consideration and action. The City's website was updated with the final recommendations of the Planning Commission following its meeting on March 30, 2011. We anticipate that second reading of the Ordinance would occur on May 10, 2011, with May 17, 2011 being available as an alternate date if minor changes to the UDC are requested by Council during the public hearing and first reading of the ordinance. Once the UDC text is adopted, the Planning Commission and City Council would then need to conform the existing Zoning Map of the City to the new Zoning classifications in the UDC. After allowing approximately 60 days for Staff in- service training on the new Code, preparation of the new forms and procedures to replace the existing ones, and information sessions for the development community, the UDC could be expected to take effect on or about July 11, 2011. Exhibit A Page 3 of 3 AN ORDINANCE ADOPTING A UNIFIED DEVELOPMENT CODE BY MERGING AND MODIFYING THE EXISTING CORPUS CHRISTI ZONING ORDINANCE, PLATTING ORDINANCE, MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS AND HIGHWAY BEAUTIFICATION ORDINANCE INTO ONE CODE; REPEALING THE EXISTING CORPUS CHRISTI ZONING ORDINANCE, PLATTING ORDINANCE, MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS AND HIGHWAY BEAUTIFICATION ORDINANCE; PROVIDING FOR THE PRESERVATION OF FORMER DEVELOPMENTAL REGULATIONS VIOLATIONS; REPEALING CONFLICTING ORDINANCES; AMENDING CONFLICTING PROVISIONS OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING NOTICE PROCEDURES FOR A CITY -WIDE ZONING MAP AMENDMENT AFTER A JOINT HEARING OF THE PLANNING COMMISSION AND THE CITY COUNCIL; AND PROVIDING FOR PUBLICATION, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a uniform and updated set of consistent definitions, rules, and regulations concerning the development and use of land within the City of Corpus Christi; and WHEREAS, the City has involved various focus groups comprised of citizens throughout the community to review the proposed unified development code in an effort to enhance readability and bring clarity to the development regulations; and WHEREAS, the City desires that the new unified development code utilize procedures that follow the normal sequence of development and provide a coordinated system for development review and enforcement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A unified development code entitled "Corpus Christi, Texas Unified Development Code" (hereinafter Unified Development Code), resulting from a prQces_ of merger and modification of the Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and the Highway Beautification Ordinance, is adopted in the form incorporated and attached as Exhibit A. SECTION 2. The Corpus Christi Zoning Ordinance, comprised of the following listed ordinances, is repealed and replaced in its entirety by the Unified Development Code: Ordinance No. 6106, passed by the City Council on March 29, 1961, as amended by Ordinance Nos. 6171, 6334, 6412, 6413, 6914, 7068, 7179, 7243, 7251, 7454, 7518, 8027, 8671, 9062, 9643, 10016, 10228, 10466, 10545, 10597, 10672, 10734, 10741, 10864, 10952, 10994, 11026, 11053, 11289, 11319, 11437, 11448, 11752, 11816, 11866, 11885, 11911, 11917, 11943, 11950, 12059, 12290, 12351, 12395, 12402, 12520, 12567, 12941, 13090, 1 3186, 13553, 13646, 13741, 14001, 14049, 14228, 14394, 14568, 14934, 15578, 15592, 15715, 15961, 15969, 16056, 16081, 16094, 16095, 16107, 16171, 16335, 16379, 16380, 16456, 16857, 16864, 16865, 16965, 16980, 17039, 17041, 17077, 17115, 17126, 17204, 17222, 17248, 17252, 17329, 17331, 17341, 17346, 17347, 17376, 17412, 17432, 17473, 17483, 174841/2, 17507, 17542, 17597, 17598, 17599, 17607, 17807, 17808, 17824, 17871, 17884, 17930, 17980, 18046, 18078, 18079, 18466, 18534, 18588, 18778, 18979, 19117, 19169, 19262, 19313, 19429, 19498, 19529, 19733, 19734, 19841, 19842, 19907, 19946, 19968, 20410, 20470, 20471, 20487, 20652, 20782, 20805, 20875, 20986, 21106, 21249, 21250, 21251, 21641, 21767, 22090, 22174, 22381, 22597, 22693, 22851, 23016, 23552, 23612, 23902, 23905, 23932, 23939, 24566, 24567, 24580, 24715, 24773, 25143, 25193, 25322, 25390, 25454, 25534, 25687, 25708, 25902, 25905, 26068 and 28859. SECTION 3. The Corpus Christi Platting Ordinance, comprised of the following listed ordinances, is repealed and replaced in its entirety by the Unified Development Code: Ordinance No. 4168 adopted on March 23, 1955, as amended by Ordinance Nos. 4541, 4634,4653, 4871, 4994, 5472, 5951, 6617, 6681, 6825, 8556, 8732, 8986, 9511, 9534, 10242, 10381 ,10590,10635,10656,11030,11140, 11268 ,'11742,12037,12611,12635,13036 ,13323,15279,15517,15708,15933, 15962 ,16312,16942,16966,17074,17092 ,17199,17200,17249,17279,17317, 17383 ,17396,17678,18460,18508,18527 ,18580,18589,18802,18997,19047, 19048 ,19049,19339,19430,19835,19923 ,19947,20116,20649,21046,21121, 21735, 21808, 22354, 22382, 22848, 22913 ,22941,22971,23017,24338,25424, 25455, 25709, 25960, 26169, 27527 and 27578. SECTION 4. The Corpus Christi Manual of Driveway Design and Construction Standards, comprised of Ordinance 19105 adopted on December 6, 1985, and amended by Ordinance Nos. 20177 and 20464, is repealed and replaced in its entirety by the Unified Development Code. SECTION 5. The Corpus Christi Highway Beautification Qrdinance comprised of Sections 3 -35 through 3 -44, inclusive, of the Municipal Code of Ordinances, the same being Ordinance No. 21973 adopted on June 28, 1994, as amended by Ordinance Nos. 22301 and 26903, is repealed and replaced in its entirety by the Unified Development Code. SECTION 6. The changes in development regulations made by this Unified Development Code apply only to violations occurring on or after the effective date of this Unified Development Code. Any violations occurring before the effective date of this Unified Development Code are governed by the development regulations, that being the Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and the Highway Beautification Ordinance, in effect at the time H:\ LEG- DIRIShared \LEGAL- DEV.SVC HI)C Project \UDC Ordinance.DWBfinal.docx the violation occurred, and the former development regulations are continued in effect for that purpose. For purposes of this section, a violation occurred before the effective date of this ordinance if any part of the violation occurred before that date. SECTION 7. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION S. To the extent that this Unified Development Code represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Unified Development Code, as herein adopted by this ordinance. SECTION 9. A copy of the Unified Development Code as herein adopted by this ordinance and made a public record shall be on file in the office of the City Secretary. SECTION 10. The City Council further finds and determines, by more than a two - thirds vote pursuant to Section 211.007 of the Texas Local Government Code, that the zoning maps of the City of Corpus Christi may be amended in order to reflect the changes in zoning categories made by the Unified Development Code pursuant to a joint public hearing of the City, of the City Council and the Planning Commission. Effective notice of such joint public hearing shall be provided by the publication of notice three times in a local newspaper of general circulation within the City prior to the public hearing. The notice shall contain the time and place of the hearing and notice that the agenda item will be the amendment of the zoning maps changing the zoning designations of all properties in the City in order to conform to the requirements of the Unified Development Code. Each date of publication shall be no less than three (3) days apart, and the date of the last publication shall be before the fifteenth (15th) day prior to the public hearing. SECTION 11. Prior to July 1, 2011, the City Secretary is directed to publish notice of the adoption of this Ordinance one time containing a summary hereof which fully discloses the purposes, intent and effect of this Ordinance as required by the Charter of the City of Corpus Christi. SECTION 12. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional ly final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 13. The adoption of the Unified Development Code, as provided at Section 1 above, and the repeal of the development regulations, as provided at Sections 2, 3, 4 and 5 above, shall take effect on the 1st day of July, 2011. H: ILEG- DIR \Shared\LEGAL- DEV.SVCSBg Project\UDC Ordinance.DWBfinaidocx 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 R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form April 15, 2011. For City Attorney, Carlos Valdez By: f%.P•�rfl eborah Walther Brow, Assistant City Attorney Joe Adame Mayor H:\LEG-DIR\Shared\LEGAL-DEV.SVCMC C Project \UDC Ordinance.DWBfinal.docx EXHIBIT A UNDER SEPARATE COVER 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4 -26 -11 A) Resolution approving a business incentive agreement for job training between the Corpus Christi Business and Job Development Corporation and Del Mar College ( "Del Mar "), which provides a grant of up to $941,270, for improvements to an existing hangar located at Corpus Christi International Airport for an Aviation Maintenance Technician Training Facility, for which Del Mar will invest at least $941,270 in hangar improvement, furniture, fixtures, and equipment and hold classes for Aviation Maintenance Technicians and authorizing the City Manager, or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar business incentive agreement for the creation and retention of jobs. B) Ordinance appropriating $941,270 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation to Del Mar College for renovation of a hangar, including instructional equipment and furnishings, to be used for an Aviation Maintenance Technician Training Facility at the Corpus Christi International Airport; changing the FY 2010 -2011 Operating Budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $941,270. ISSUE: To assist in job training to fill the needs of this growing sector in Corpus Christi and to enhance the City's economic base. REQUIRED COUNCIL ACTION: Approval of a business incentive agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College and appropriation of funds. PREVIOUS COUNCIL ACTION: CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business incentives to Del Mar College for job training and a capital investment of approximately $941,270. Attachments fe a Mike Culbertson CC Regional Economic Development Corp mculbertson @ccredc.com 882-7448 —241— BACKGROUND INFORMATION Del Mar College (Del Mar) has been increasing their training program for aviation maintenance for years. This sector of the economy does not have enough applicants in the region and industry has been going outside of the region to recruit employees. This program expansion will allow more Corpus Christi residents to get the training to qualify for those jobs. On February 21, 2011, the Type A Board approved a business incentive agreement with Del Mar in the amount of $941,270 for the establishment of an Aviation Maintenance Technician Training Facility and a capital investment of $941,270. The $941,270 incentive grant for the expansion project will be payable as reimbursement for construction payments. This facility should be complete in 2012. The following are the performance measures as required per the agreement: • Capital investment of $941,270 • Establish an Aviation Maintenance Technician Training Facility • Expend $2,008,990 over a ten year period for the operation of the facility If Del Mar fails to make the required capital investment in buildings, furniture, fixtures and equipment or establish the training facility, they will not be eligible for any award for that calendar year. Del Mar has been increasing their training of aviation maintenance graduates for eight years. They have doubled the number of certificates and degrees awarded. This will enable them to produce more and better trained graduates to fill jobs in this growing industry sector of the Corpus Christi economy. BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEVELOPMENT OF THE AVIATION MAINTENANCE TECHNICIAN TRAINING FACILITY AT CORPUS CHRISTI INTERNATIONAL AIRPORT This Business Incentive Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College ( "Del Mar "), a political subdivision of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1,8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the ordinance adopting the ballot language that authorized the use of the! 118th cent sales tax proceeds specifically provided that the funds could be used for to make grants to organizations to provide training, retraining, and education to insure the knowledge and skills required for the jobs of the future are in place; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on October 18, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; — —W- EREAS.,--S.ection- 50-1,073,- Texas.. ocal- Gover-nment-Code, formearly Section_21_of_ the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; WHEREAS, Del Mar intends to expand its existing Aviation Maintenance Technician training program by adding the Aviation Maintenance Technician Training Facility at Page 1 of 9 BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Training Facility 03092011 -243- Corpus Christi International Airport, which will allow it to serve more students and train students on a wider variety of aircraft; WHEREAS, the Aviation Maintenance Technician Training Facility at Corpus Christi International Airport will further Del Mar's mission of education and economic development; WHEREAS, the local aviation servicing industry produces meaningful, wealth producing jobs that bring in dollars from outside Corpus Christi into the City; and WHEREAS, Del Mar proposes to invest approximately $2,008,990 over a 10 year period to establish, support, and operate the Aviation Maintenance Technician Training Facility at Corpus Christi International Airport; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. a. Del Mar shall develop the Aviation Maintenance Technician Training Facility at Corpus Christi International Airport, which will house portions of its the Aviation Maintenance Technician Training Program. b. Del Mar shall invest at least $941,270 in the renovation of the hangar, including instructional equipment and furnishings, used for the Aviation Maintenance Technician Training Program at Aviation Maintenance Technician Training Facility to be located on the Corpus Christi International Airport. Del Mar shall annually report their actual investments at the facility, and provide documentation to support the report to the Corpus Christi Business and Job Development Corporation. c. Del Mar shall expend at least $2,008,990 over a ten year period to support and operate the Aviation Maintenance Technician Training Facility to be located on the Corpus Christi International Airport. d. The Corporation will reimburse Del Mar for the costs incurred by Del Mar to rehabilitate and improve the existing hangar at Corpus Christi International Airport for the Aviation Maintenance Technician Training Facility, including the purchase of fixtures, furnishings, and instructional equipment. The amount reimbursed by the Corporation may not exceed $941,270. e. On the annual anniversary of the effective date of this agreement, Del Mar shall report to the Corporation the number of students placed with the Corpus Christi Army Depot, defense contractors, and general aviation companies within Page 2 of 9 BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Tinier a Facility 03092011 the City of Corpus Christi in jobs requiring a degree or FAA certifications in aviation maintenance that provided by Del Mar through the Aviation Maintenance Technician Program at the Aviation Maintenance Technician Training Facility at Corpus Christi International Airport and the average starting annual salaries paid by each employer within Corpus Christi during the previous year. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162, Texas Local Government Code, formerly Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. 5. Buy Local Provision. a. Del Mar agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar, and educational institution, is a political subdivision of the State, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State. and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Subtitle 01, Title 12, Texas Local Government Code, on the State of Texas` website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 3 of 9 BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Trai-2nin Facility 03092011 4�— e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. 7. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. To the extent permitted by the Constitution and authorized by the laws of the State of Texas, Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected -with Del-Mar-activities conducted- under-or- incidental -to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Page 4 of 9 BUSINESS INCENTIVE AGREEMENT — Del Mar Av Tech Tt4 g Facility 03092011 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and maintained by the end of the contract term. b. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; - c. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. Del Mar makes an assignment for the benefit of creditors. e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. g. Del Mar changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Del Mar to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. Page5of9 BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Training Facility 03092011 —247— d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any '- other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar , and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant- mount- forthat -year, and- Grporation rail- not- be-fiabte to-for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Page 6 of 9 BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech TrM Facility 03092011 Del Mar: Del Mar College Attn: Lee Sloan Vice President of Administration, Finance and Student Services 101 Baldwin Corpus Christi, Texas 78404 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The _ emplayees agents_of either- party_may_nnt -be, nor -be- construed _to- be,_the_r ployees ---- or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any Page7of9 BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Tralnjnn Facility 03092011 • person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this agreement. Corpus Christi Business & Job Development Corporation By: Date: Eloy Salazar President Attest: By: Armando Chapa Assistant Secretary Page 8 of 9 BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech TIM!, Facility 03092011 Del Mar College By: M k Escamilla, Ph.D. President Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on /rpr' 1 / 0 , 2011, by Mark Escamilla, Ph.D., President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college. Notary Public State of Texas DELIA G. PEREZ Notary Public STATE OF TEXAS My Comm. Exp. 12- 10.2D14 Page 9 of 9 BUSINESS INCENTIVE AGREEMENT -- Del Mar Av Tech Trinnnlnq Facility 03092011 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Type A Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board, on October 18, 2010, amended the Type A Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501,073, Texas Local Government Code (formerly Section 21 of the Texas Development Type A Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, the City Council approved the Type A Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 9, 2010; —WHEREAS, Del -Mar College -has ul milted -a- proposal• thee-Type A--Corpuration-foT $941,270 for improving an existing hangar located at the Corpus Christi international Airport for an Aviation Maintenance Technician Training Facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to grant funds for the Del Mar College Aviation Maintenance Technician Training Facility; and WHEREAS, the Type A Corporation and Del Mar College have executed a business incentive project agreement for job training at the facility. Page 1 of 3 Del Mar College Aviation ProjectSupport Agreement Type A -City 0 -252- In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for job training between the Type A Corporation and Del Mar College related to Del Mar College improving an existing hangar for a training facility ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Type A Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held — Megalr inv -lid, ar-- unenforceable under-present-or-future-law-or-by a final - -- judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not Page2of3 Del Mar College Aviation ProjectSupport Agreement Type A -City 0 -253- affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Type A Corporation Margie C. Rose Eloy Salazar Interim City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: April 26, 2011. R. Jay Reini First Assistant City Attorney for City Attorney Page 3of3 Del Mar College Aviation ProjectSupport Agreement Type A -City 0 -254- Page 1 of 3 RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT FOR JOB TRAINING BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE ( "DEL MAR "), WHICH PROVIDES A GRANT OF UP TO $941,270, FOR IMPROVEMENTS TO AN EXISTING HANGAR LOCATED AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR AN AVIATION MAINTENANCE TECHNICIAN TRAINING FACILITY, FOR WHICH DEL MAR WILL INVEST AT LEAST $941,270 IN HANGAR IMPROVEMENTS, FURNITURE, FIXTURES, AND EQUIPMENT AND HOLD CLASSES FOR AVIATION MAINTENANCE TECHNICIANS AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE DEL MAR, BUSINESS INCENTIVE AGREEMENT FOR THE CREATION AND RETENTION OF JOBS WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") has budgeted funds to expand job training in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Type A Corporation has requested proposals from businesses that will expand job training within the City, and determined that the proposal from Del Mar for the improvement of an existing hangar for an Aviation Maintenance Technician Training Facility, for which Del Mar will invest at least $941,270 in hangar improvements, furniture, fixtures, and equipment and will hold classes for Aviation Maintenance Technicians and will expend $2,008,990 over a ten year period to support and operate this facility, will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for job training between the Type A Corporation and Del Mar; and — VVHEREArthere -is-a -need- fora- business- incentive - -project support agreement- between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Del Mar. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for job training between the Type A Corporation and Del Mar that provides for improvements to an existing hangar located at the Corpus Christi International Airport for an Aviation Maintenance Technician Training Facility, which is attached to this resolution as Exhibit A, is approved. DEL MAR AVIATION RESOLUTION -- 03312011.docx –255– Page 2 of 3 SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Del Mar, which is attached to this resolution as Exhibit B. ATTEST: Armando Chapa City Secretary APPROVED: 26th day of April, 2011. R. Jay Re First Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor DEL MAR AVIATION RESOLUTION -- 03312011.docx -256- 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 Page 3of3 DEL MAR AVIATION RESOLUTION -- 0331201Ldocx —257— Page 1 of 3 ORDINANCE APPROPRIATING $941,270 FROM THE UNRESERVED FUND BALANCE IN THE NO. 1140 BUSINESS /JOB DEVELOPMENT FUND FOR A GRANT FROM THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION TO DEL MAR COLLEGE FOR RENOVATION OF A HANGAR, INCLUDING INSTRUCTIONAL EQUIPMENT AND FURNISHINGS, TO BE USED FOR AN AVIATION MAINTENANCE TECHNICIAN TRAINING FACILITY AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; CHANGING THE FY 2010 -2011 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028252 BY INCREASING PROPOSED EXPENDITURES BY $941,270; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $941,270 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a grant from the Corpus Christi Business and Job Development Corporation to Del Mar College for [purpose]. SECTION 2. That Ordinance No. 028252, which adopted the FY 2010-2011 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $941,270 for a grant from the Corpus Christi Business and Job Development Corporation to Del Mar College for renovation of a hangar, including instructional equipment and furnishings, to be used for an Aviation Maintenance Technician Training Facility at the Corpus Christi International Airport. 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: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Del Mar Av Tech Facility appropord 04062011.doc —258— Joe Adame Mayor Page 2 of 3 APPROVED: i4, 2011 Ar—A R. Jay Reining First Assistant City Attorney For City Attorney Del Mar Av Tech Facility appropord 04062011.doc —259— Page 3 of 3 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: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick — Pfiseilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Del Mar Av Tech Facility appropord 04062011.doc —260— 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 0412612011. AGENDA ITEM: A. First Reading Ordinance - Authorizing the City Manager, or his Designee, to execute a 15 year lease with Del Mar College for the use of hangar, adjacent parking area, and offices space located at the Corpus Christi International Airport for use in Del Mar College's Aviation Maintenance Technician Education Program, with an option to extend for an additional ten year period; providing for severance; and providing for publication. B. First Reading Ordinance — Amending Project Description Sequence 11, Rehabilitation East General Aviation (GA) Apron, in the Airport CIP and Project 6 in the Airport Long - Range CIP of the FY 2010 -2011 Capital Budget and Capital Improvement Planning Guide, adopted on March 8, 2011 by Ordinance No. 028995 by revising the description of the East General Aviation (GA) Apron Project; and providing for severance. ISSUE: The Corpus Christi international Airport has reached an agreement with Del Mar College for a lease on Airport property to construct improvements for use in Del Mar College's Aviation Maintenance Education. Preliminary plans call for the rehabilitation of 14,000 square feet of hangar space, 2,440 square feet of office space and 26,000 square feet of parking lot and access lane area. Additionally, approximately 600 Square feet of land adjacent to the hangar will be used to construct additional office space. REQUIRED COUNCIL ACTION: Approve as presented. PREVIOUS COUNCIL ACTION: N/A CONCLUSION AND RECOMMENDATION: In_the_meeting_of Ap.ri12Q, 201 Lthe_9ir�ort . .BQardse_cQmmendedapprovaLQLthe llasiness_[esms_& _. Conditions of the proposed Lease Agreement and improvements. Fred Segundo, A.A.E Director of Aviation freds @cctexas.com 361.289.0171 x1216 Attachments Lease Agreement w /Exhibits A, B & C and Attachments 1 & 2 -263- BACKGROUND INFORMATION A. The Corpus Christi International Airport has reached an agreement with Del Mar College for a fease on airport property to construct improvements for use in Del Mar College's Aviation Maintenance Education. Preliminary plans call for the rehabilitation of 14,000 square feet of hangar space, 2,440 square feet of office space and 26,000 square feet of parking lot and access lane. Additionally, the lease will also include approximately 600 square feet of land adjacent to the hangar that will be used to construct additional office space. Estimated cost of improvements to the hangar, office space, parking lot/access lane, and additional office space and associated equipment, are approximately $941,270. Del Mar College has agreed to, but not limited to, the following: 1. To develop the Aviation Maintenance Technical Training Facility at the Corpus Christi International Airport which will house portions of the Aviation Maintenance Technician Training Program; 2. To invest at least $941,270 in the renovation of the hangar, including instructional equipment and furnishings; 3. Provide all appropriate insurance required for the facility and its operations; 4. At its own expense, be responsible for all utilities for the leased premises; 5. At its own expense, make all repairs and replacements necessary to keep premises in first class condition; 6. Agrees to sublease office and hangar space to the Civil Air Patrol and occasionally allow use of premises by non - profit education organizations for aviation education related activities; 7. Agrees to allow premises to be used for emergency air evacuation operations in the event of manmade or natural disasters. The Airport will cooperate and assist Del Mar College with final design and construction management of the improvements. Del Mar College will administer design and construction; bidding, awarding and construction management for the improvements. The primary infrastructures, including utilities, are already in place and will help expedite the construction timeline. The improvements are anticipated to begin July 2011 and be completed by December 2011 The leased premises are located on the east side of International Drive between East Glasson Road and the North General Aviation Ramp as depicted in Attachment 1 of the Lease Agreement. The hangar was built in 1967 by private investors and reverted back to the Airport in 1987. Since 1987, the Airport has owned and used the hangar as a vehicle and airfield maintenance facility until it was vacated in October 2010 when a new Airfield Maintenance facility was completed. The hangar is missing the hangar door and is in need of major repairs before it can be utilized for aeronautical activities. Although Federal Aviation Administration (FAA) grant assurances require airports to maintain a fee and rental structure for facilities and services in order to make the airport as self - sustaining as possible, FAA Order 5190.68, Airport Compliance Manual, Section 17.16, allows for nominal rents less than fair market value for aeronautical secondary and post secondary education programs conducted by accredited institutions to the extent that civil aviation receives reasonable tangible or intangible benefits from such use. The education of students to perform FAA mandated maintenance on Commercial, General Aviation and Military Aircraft does result in tangible and intangible benefits to civil aviation. —264— So long as Lessee uses the entire Premises solely for Lessee's Aviation Maintenance post- secondary education program, annual rent for the premises shall be $1.00 per year, the payment of which is due on January 1 of each year. Additionally, an on- airport facility housing the Aviation Maintenance Technician Training Program will help the airport market and attract potential future aviation maintenance related businesses and industries. B. Amendment of project description sequence 11, Rehabilitate East General Aviation (GA) Apron and Project 6 in the Airport Long Range CIP of FY 210- 2011Capital Budget and Capital Improvement Planning Guide will revise Year 3 (FY 2012 -2013) and make clear that the North Ramp will be part of the overall rehabilitation of the Eastside Ramps. Although funding will not have to be appropriated until FY 2012 -2013, the intent is to design the rehabilitation of the North Ramp using FAA Airport Capital Improvement Program (ACIP) funding at 95% and Airport funds at 5% in FY 2012 -2013 and FY2014. It is our intent to design the North Ramp with weight limits to accommodate narrow body aircraft (i.e.737 and MD -80 series) in case Del Mar College does acquire such aircraft for their Aviation Maintenance Technician Education Program or the airport is successful in attracting private industry to establish a Maintenance, Repair & Overhaul (MRO) facility adjacent to the North Ramp. Del Mar College will have non - exclusive use of the 450 feet x 200 feet public use aircraft ramp located adjacent to the hangar. Del Mar College understands that the airport has plans to rehabilitate the public ramp subject to FAA Airport Capital Improvement Program (ACIP) funding. The rehabilitation will include strengthening of pavement, installing aircraft tie -downs and installing energy efficient LED apron lights. The rehabilitation of the public ramp is being undertaken to benefit existing and future tenants and users of the North Ramp. -265- ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A 15 YEAR LEASE WITH DEL MAR COLLEGE FOR THE USE OF HANGAR, ADJACENT PARKING AREA AND OFFICES SPACE LOCATED AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR USE IN DEL MAR COLLEGE'S AVIATION MAINTENANCE TECHNICIAN EDUCATION PROGRAM, WITH AN OPTION TO EXTEND FOR AN ADDITIONAL TEN YEAR PERIOD; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a 15 year lease with Del Mar College for the use of hangar, adjacent parking area and office space located at the Corpus Christi International Airport for use in Del Mar College's Aviation Maintenance Technician Program, with an option to extend for an additional ten year term. A copy of the contract shall be filed with the City Secretary. SECTION 2. if, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. 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. This contract takes effect on the 61st day following City Council approval. 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 Wm: Ap-rIl 14, -2011 By: Joe Adame Mayor Lisa Aguila ssistant City Attorney for the City Attorney Page 1 of 2 ORDINANCE AMENDING PROJECT DESCRIPTION SEQUENCE 11, REHABILITATE EAST GENERAL AVIATION (GA) APRON, IN THE AIRPORT CIP AND PROJECT 6 IN THE AIRPORT LONG -RANGE CIP OF THE FY 2010.. 2011 CAPITAL BUDGET & CAPITAL IMPROVEMENT PLANNING GUIDE, ADOPTED ON MARCH 8, 2011 BY ORDINANCE NO. 028995, BY REVISING THE DESCRIPTION OF THE EAST GENERAL AVIATION (GA) APRON PROJECT; AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The FY 2010 -2011 Capital Budget & Capital Improvement Planning Guide, adopted on March 8, 2011 by Ordinance No. 028995, is amended by revising Project Description Sequence 11, Rehabilitate East General Aviation (GA) Apron, in the Airport CIP. The revised Project Description Sequence 11 is attached to and incorporated into this ordinance as Exhibit A. SECTION 2. The FY 2010 -2011 Capital Budget & Capital Improvement Planning Guide, adopted on March 8, 2011 by Ordinance No. 028995, is amended by revising Project 6 in the Airport Long -Range CIP to read as follows: "6 Rehabilitate East nd No h General Aviation GA A rons 3 050 000 The East and North GA Aprons consists of approximately 37,000 47.000 square yards of asphaltic concrete. Rehabilitation will include pavement assessment, removal of asphaltic apron and replacement with reinforced concrete. Aprons serves Signature Flight Support., which provides service to GA aircraft customers and Naval Air Station Corpus Christi training aircraft. and the former Crescent hangar on the north ramp, which will serv- . e Del M . r Colle. - Avia i• n Mai - ance T- hnicia Trai , in acili and Lanm Aerial Photo hy." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final --judgment-of a courtof- competent jwr-isdietion -it- •shall- not - affect -- any- othensection, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. AIRPORT CIP AMENDMENT ORDINANCE -- 04062011 B.DOC -268- PROJECT DESCRIPTION DEPARTMENT: Airport Sequence #11 _ f - AS 1 -/NI _r: Ti f r� r.� _ �. �_. r._ PROJECT TITLE: Rehabilitate East and North General Aviation (GA)Apron (revised) DESCRIPTION; Rehabilitate East and North GA Apron to include the removal of existing asphaltic pavement and replace it with reinforced concrete, aircraft tie -downs, striping and upgrades of apron lighting. The existing apron has shown signs of deterioration and base failures and is in need of replacement. The East and North aprons serve Signature Flight Support FBO (East FBO) and the tenants on the North Ramp and are essential for maintaining service to GA aircraft. -,-.:-t---..- -__- - -�- . =__,., � � -�- ✓y','%_ ,. _ ' �� ' }' sI �• - I FUNDING SCHEDULE (Amounts in 000's) Use of Funds Estimated Project -to -Date Expenditures CIP Budget Year 1 2010-2011 Year 2 2011-2012 Year 3 2012-2013 Three Year Total PROJECT NOTES: Design & Engineering Construction Contingency inspection/Other 175.0 175.0 - - - Engineering Project No: Tfinance Project No: A/E Consultant: KSA Eng. TOTAL: - - - 175.0 175.0 Contractor: TBD Source of Funds Award Design: February '12 Airport CIP Reserves FAA Grant - - - - - - 17.5 157.5 17.5 157.5 ward Construction: August '12 nticipated Completion: March '13 TOTAL: - - - 175.0 175.0 OPERATIONAL IMPACT: There is no projected operational impact with this project due to existing area improvements only. The space footprint is not increasing in size. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED: 14 day of , 2011: •- R. Jay Reining First Assistant City Attorney For City Attorney AIRPORT CIP AMENDMENT ORDINANCE -- 04062011 B.DOC —270— Lease At Corpus Christi International Airport Between City of Corpus Christi And Del Mar College 1 -271- LEASE This lease (the "Lease ") is made by and between the City of Corpus Christi as lessor ( "City" or "Lessor") and Del Mar College as lessee ( "DMC" or "Lessee "). WITNESSETH: WHEREAS, the City owns the Corpus Christi International Airport ( "Airport"), located in Nueces County, State of Texas; WHEREAS, the Airport is managed by the Director of Aviation ( "Aviation Director"); WHEREAS, the City of Corpus Christi has authority to lease lands, improvements, or any other interest in real property to an institution of higher education to promote a public purpose related to higher education, pursuant to Section 272.001 (j), Texas Local Government Code; and WHEREAS, Federal Aviation Administration ( "FAA ") Order 5190.6B, Airport Compliance Manual, Section 17.16 allows for nominal rents less than fair market value for aeronautical secondary and post secondary education programs conducted by accredited education institutions to the extent that civil aviation receives reasonable tangible or intangible benefits from such use; WHEREAS, Lessee is organized and existing under the laws of the State of Texas as an institution of higher education; WHEREAS, the parties hereto wish to enter into this lease for land and improvements in which Lessee shall construct improvements to existing hangar, parking lot, and office area, and also construct a new office area, all for the purpose of providing Lessee's Aviation Maintenance Technician Education Program; NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: AGREEMENT: 1. Premises: City hereby leases to the Lessee the buildings and improvements depicted in the attached and incorporated Exhibit A ( "Premises ") located at the Corpus Christi asson Road. The Premises are generally describe ads o1rows. Hangar of approximately 14,400 square feet; adjacent parking lot area of approximately 26,000 square feet including access lane; and office space of approximately 2,440 square feet. An aerial depiction of the location of the Premises is attached as Attachment 1, with metes and bounds description attached as Attachment 2. - • - ` - •• e- 2. Term: This Lease shall be for a base term of fifteen (15) years commencing on the sixty - first (61st) day following final approval by the City's City Council. This Lease may be extended for an additional ten year term upon written agreement of the City Manager and College President. 3. Acceptance of Premises Disclaimer: 2 —272— A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS, INCLUDING BUT NOT LIMITED TO ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS AND /OR ANY OTHER "HAZARDOUS MATERIALS" (AS SUCH TERM IS DEFINED HEREOF) AS MAY EXIST ON THE PREMISES, AND THAT NEITHER LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. B. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. C. THE PROVISIONS OF THIS Section 3 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 4. Contingency. This Lease shall be subject to cancellation by either party if the Lessee does not use the Premises for its Aviation Maintenance Technician Education Program on or before June 1, 2012. 5. Rent. A. So long as Lessee uses the entire Premises solely for Lessee's Aviation Maintenance Technician Education Program, annual rent for the premises shall be $1.00 per year, the payment of which is due on January 1 of each year. Lessee may choose to pay the B. Lessee acknowledges Federal Aviation Administration ( "FAA ") Order 5190.6B, Airport Compliance Manual, Section 17.16 allows for nominal rents less than fair market value for aeronautical secondary and post secondary education programs conducted by accredited education institutions to the extent that civil aviation receives reasonable tangible or intangible benefits from such use. Lessee represents and warrants that its use of the Premises shall at all times comply with Section 272.001 (j) of the Texas Local Government Code and FAA Order 5190.6B, Section 17.16. C. Should Lessee's use of any of the Premises be deemed by Lessor in its sole discretion to be non - compliant with Texas Local Government Code Section 272.001(j) or FAA Order 5190.6B Section 17.16, then annual rents shall automatically be adjusted to be the fair 3 —273— market rental value for such Premises, as determined by certified real estate appraiser with experience in appraising airport land and airport improvements. D. For purposes of determining the fair market value by appraisal, the Aviation Director will submit the names of three (3) certified real estate appraisers that may be considered with experience in appraising airport land and airport improvements. The parties will jointly select one to perform the appraisal. The recommendations of the selected appraiser will be final. The City reserves the right to adjust the rent in accordance with applicable FAA requirements. 6. Representative. The City Manager appoints the Director of Aviation or his designee ( "Aviation Director ") as agent to receive all rent, notices and reports under this Lease. The Contact for the Lessee is Vice President of Business and Finance and Student Services. 7. Use of Premises. A. Lessee shall have the right to use and occupy the Premises for operation of facilities necessary for Lessee's post secondary Aviation Maintenance Technician Education Program. Lessee shall use the Premises for no other purpose without the express prior written consent of the Aviation Director. B. Notwithstanding the foregoing, the parties acknowledge Lessee's intent to construct improvements to the Premises on approximately 600 square feet of property, which may be used by non - Aviation Maintenance Technician Education related programs. Lessee shall be invoiced and pay the then - current fair market value as determined in Section 5 above for any Premises used in non - Aviation Maintenance Technician Education programs. C. Any proposed change in the use or additional uses of the Premises not permitted herein are subject to the prior written approval of Lessor, acting through its Aviation Director. Lessee shall not engage in any use on the Premises not expressly set forth in this Section without the prior written consent of Lessor. D. Lessee acknowledges that change in permissible use shall automatically subject Lessee to annual payment of fair market value for annual rents, due within 30 days notice from the Lessor. E. Lessee may not use or occupy, permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises in a manner that would in any way make void or voidable -any insurance- then-h-foree -with respect- thereto, or -that- would- make- it- in,possfble to obtain the insurance required to be furnished by Lessee hereunder. F. Lessee will not make any unlawful use of the Premises or permit any unlawful use thereof; and will not commit, or permit anyone else to commit, any act which is a nuisance or annoyance to Lessor or adjacent property owners or tenants, or which might, in Lessor's exclusive judgment, appreciably damage Lessor's goodwill or reputation, or tend to injure or depreciate the value of the Premises and/or any improvements located thereon. G. In addition to the foregoing, Lessee at Lessee's expense, shall comply with all laws, rules, orders, ordinances, directions, regulations, and requirements of federal, state, county, and municipal authorities now in force or which may hereafter be in force that impose any duty upon Lessor or Lessee with respect to the use, occupation, or alteration of the Premises, including but 4 —274— not limited to the Americans with Disabilities Act. In addition to the foregoing, Lessee shall furnish to Lessor, within five (5) days of receipt by Lessee, copies of any and all notices and/or correspondence directed to Lessee by any governmental entity or other entity or person indicating violation or possible violation of any laws or other regulations, including without limitation any law or other regulation regarding Hazardous Material (as defined below). H. Utilities. The Lessee will be responsible for arranging and paying for, at its sole cost, all utility connections to the Premises. Utility usage will be billed directly to the Lessee and paid for by the Lessee. IN NO EVENT WILL LESSOR BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY UTILITIES TO THE PREMISES. 1. City reserves the right to temporarily use the Premises as an emergency evacuation facility if deemed necessary by the City Manager. J. Lessee agrees to comply with any applicable City Airport rules and regulations regarding use of the premises, included but not limited to, rules regarding permissible uses of hangars. K. Lessor is not required to make any expenditure, incur any obligation, or incur any liability of any kind whatsoever in connection with this Lease or the financing, ownership, construction, maintenance, operation or repair of the Premises. L. The access Zane depicted on Exhibit A is available for general public use at all times. 8. Non - exclusive use of public ramp. Lessee has non - exclusive use of a public ramp, which is described as follows: approximately 450 feet x 200 feet, located adjacent to the Premises. Lessee's use of the public ramp must not exceed design weight limits for the public ramp, which may be obtained from the City's Aviation Director. Lessee understands that the Lessor has plans to renovate the public ramp, subject to available federal funding. If the ramp is being renovated by Lessor, Lessee shall have no right to use of the public ramp, and Lessor does not guarantee that a substitute ramp area shall be provided during renovations. 9. Parking. The Premises may be used for parking cars and motor vehicles used by the Lessee's faculty and students enrolled in the Aviation Maintenance Technician Education Program without the payment of any additional fees to City; provided, however, that Lessee shall comply fully with all of Airport's rules and regulations for parking and vehicle usage at the Premises and shall require the users to do so. No overnight parking is allowed at the Premises. Alt other parking-um is subject—to—prier—approval—of-the Aviation- Director — Lessee agrees-to-comply------ with any parking control program implemented by Lessor during the term of this Lease 10. Signs. Lessee may install City ordinance compliant signs on the Premises at its sole cost; provided, however, that the Lessee has obtained the Aviation Director's prior written consent as to the size, type, design and location of these signs or other corporate identification, which consent shall not be unreasonably withheld or delayed. 11. Right to Amend. If the FAA or its successor agency requires modifications or changes in this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the amendments, modifications, or changes of this Lease as may be reasonably required to obtain the funds; provided, however, Lessee will not be required to pay increased rent or change the use of the Premises or accept a relocation or reduction in size –275– 5 of the Premises until Lessee and Airport have fully executed an amendment to this Lease that is mutually satisfactory to all parties for any terms or conditions of this Lease affected by said actions. 12. Subordination to U.S.A. /FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 12 or under Section 11 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of Lessor to Lessee. 13. Development of Improvements: A. The parties acknowledge that Lessee plans to construct improvements to renovate the hangar, renovate some of the office area into classrooms, and construct additional offices. A breakdown of general improvements is attached on Exhibit B. Lessee plans to construct additional offices of approximately 600 square feet at one of the two locations referenced in Exhibit A as Option 1 or Option 2. Lessee agrees to invest at least $941,270 in the renovations and additional construction of office area at the Premises. Said investment includes costs for additional instructional equipment and furnishings. Lessee shall not construct improvements upon the Premises without the prior written approval of the Aviation Director and Director of Engineering Services. Where required by law, approval of Lessor is subject to the concurrence of the FAA. Any additional improvements must substantially comply with the latest plans and specifications approved by Lessor and/or FAA. B. ANY APPROVALS BY LESSOR UNDER THIS ARTICLE, INCLUDING BUT NOT LIMITED TO APPROVALS OF PLANS AND SPECIFICATIONS, INSPECTION OF WORK, DESIGN AND /OR CONSTRUCTION, ARE NOT TO BE CONSTRUED AS A REPRESENTATION, WARRANTY OR STATEMENT AS TO THE QUALITY, SOUNDNESS AND /OR SAFETY OF THE DESIGN AND CONSTRUCTION OF ANY OF THE IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE EXISTING IMPROVEMENTS) OR FACILITIES RELATED THERETO. C. Lessee will furnish to Lessor two (2) sets of complete plans and specifications for improvements proposed to be placed or constructed on the Premises, and no work will be done without prior written approval of such plans by Lessor acting through its Aviation Director and its Director of Errg irteertng- Services. D. Plans must be prepared by a professional architect or engineer registered in Texas, and his or her signature and seal must be prominently displayed on the title sheets. The plans and specifications are to be submitted to the FAA for approval if deemed appropriate by the Aviation Director. During the course of the work, any changes or alterations must also be submitted to the FAA approval. Where required by law, said approval is subject to the concurrence of the FAA. E. Construction Standards. Any and all improvements (including, without limitation, the existing improvements) shall be constructed, and any and all alterations, renovations, repairs, refurbishment or other work with regard thereto shall be performed in accordance with the following "Construction Standards" (herein so referenced): 6 —276— 1) All such construction or work shall be performed in a good, workmanlike manner in accordance with good industry practice for the type of work in question; 2) All such construction or work shall be done in compliance with all applicable building codes, ordinances and other laws, rules and/or regulations of governmental authorities having jurisdiction; 3) Lessee must obtain all required governmental licenses, permits and authorizations prior to beginning any such construction or work; 4) Prior to commencement of construction, Lessee shall have obtained (and Lessee shall thereafter maintain) in force and effect during all construction, insurance coverage in the amounts set forth herein with respect to the type of construction or work in question and furnish evidence of such insurance to Lessor; 5) After commencement of construction, Lessee covenants and agrees that such construction or work will be prosecuted with due diligence to its completion; and 6) Lessee is solely responsible for meeting and adhering to the above construction standards, notwithstanding Lessor's approval of construction documents. 7) Prior to commencement of a construction project that costs in excess of Ten Thousand and No /100 Dollars ($10,000.00), Lessee, at its sole cost and expense, shall deliver to Lessor a performance bond or other security acceptable to Lessor for a sum to be determined by Lessor based on the cost of completion or removal of proposed improvements. The performance bond must be issued by a company licensed by the Texas Department of Insurance and in a form acceptable to Lessor, naming the Lessor as Obligee. Said performance bond shall be for the purpose of guaranteeing full and prompt performance of all construction work and full and prompt payment and performance of all claimants supplying labor and /or materials in the performance of the construction work. 8) Lessee shall be responsible for payment of all applicable City fees applicable to the development, construction use of the Premises for Lessee's intended uses. Lessee shall not occupy the premises until appropriate Certificate of Occupancy has been provided to Lessee, with copy provided to Lessor. 9) All construction work is to be done in conformity with the plans and poeifications as-appieved. The LesserHts -empleyees-andlor-r-epresenta' e- rig-ht- to inspect work on the Premises at any time during the progress of work and to make a final inspection upon completion. Lessor may take any action necessary, including directing that work be temporarily stopped, at Lessee's expense, or require that additional work be done, at Lessee's expense, to ensure compliance with the plans and /or specifications. 10) All plans and specifications for Lessee's Improvements and all renovations, remodeling, refurbishing and construction upon the Premises must meet all City fire, building and other applicable City, state and federal regulations and code requirements, including Lessee obtaining required building permits. Upon final completion and acceptance of the Improvements by Lessee, Lessee must provide two sets of as -built plans and one electronic copy of the record documents to the Aviation Director, who will keep one set of plans on file at 7 —277— the Aviation Director's office in the terminal and provide the other set to the City Secretary for incorporation into this Lease as a supplement to Exhibit B. 11) Lessee must keep said as -built documents current by providing two sets of "as- built" plans and one electronic copy of all record documents showing any alteration to the Premises during the term of this Lease to the Aviation Director, which plans are to be attached to this Lease as a supplement in the same manner as provided for the original plans and specifications. No substantial changes or alterations shall be made to said plans or specifications after initial approval by the Aviation Director without further written approval by the Aviation Director. 12) Preliminary plans are subject to final submission and permit review by the applicable City departments. Said plans remain subject to final review by the City in the standard permitting process. 13) The Lessee will coordinate design and construction of the Improvements with the Airport staff and Aviation Director. 14) Lessee will be required to adhere to all landscaping requirements as required by the City. 15) Lessee shall be responsible for causing the Premises to be maintained, repaired, and kept in good order and condition at all times, including but not limited to, during construction and upon completion of the Improvements in accordance with commercially reasonable standards at no cost to the City. 16) Because the Premises are located on Airport property, no property taxes will be assessed against the Premises unless the law is changed and real estate taxes are extended to the Premises. Notwithstanding the foregoing, the Lessee shall be responsible for the payment of any and all taxes assessed against the Improvements. 17) During development, Lessee will coordinate all construction traffic with the Aviation Director so as to not inhibit regular Airport traffic and to keep roadways safe and clean. Lessee, at its own expense, shall provide for detours, barricades, warning signs, flares, flashing light signals, flagmen and any other safety measures as are deemed necessary or desirable by the Lessor to direct and protect vehicular and pedestrian traffic while construction, maintenance, repair work and/or other related activities on any improvements (including, without limitation, the existing improvements), is in progress. Details and descriptions of these traffic - handling he plans and specifications when —submitted for—approval f, during any construction, maintenance, repair work or related activity, it becomes necessary or desirable to modify such traffic control measures, prior written approval must be obtained from the City Traffic Engineer. 18) The Lessee will enter into a construction contract with a reputable contractor and the Aviation Director reserves the right to approve the contractor, which approval shall not be unreasonably withheld, conditioned or delayed. 19) AU construction parking and staging will occur on the Premises unless agreed to by the Aviation Director in writing. Lessee, at its sole expense, shall obtain all licenses and permits required prior to performing any maintenance, repairs, construction on, or use of the Premises. The costs of developing all plans and specifications as provided herein and the 8 —278— construction of Improvements and facilities upon the Premises shall be paid solely by the Lessee, without any cost or expense to City whatsoever. The Airport will cooperate with the Lessee's efforts to obtain alternative financing for any aspects of the development. 20) During the construction of the Improvements, the Aviation Director may, after providing reasonable notice to Lessee, enter upon the Premises during the Airport's normal business hours and make inspections as may be necessary to ensure that the construction of the Improvements is performed in accordance with the requirements of this Lease. 21) During the construction of the Improvements, the Lessee shall obtain and maintain performance and payment bonds as required by Texas Government Code Chapter 2253. 22) The City through its Aviation Director will promptly review all plans and design related change orders through completion of the Project. 23) Lessee shall not allow a lien to attach to the Premises or Lessee's leasehold interest without the prior written approval of the City Manager. Notwithstanding the City Manager's approval, the City's fee simple interest in the surface estate burdened by Lessee's leasehold estate must be exempt from said lien. 24) Lessee covenants that all construction, including all workmanship and materials, will be of first -class quality. As used herein, the term "first -class quality" means of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport property. 25) After completing construction of Improvements on the Premises, Lessee must certify to the Aviation Director that the improvements were completed according to the approved plans and specifications and that Lessee has complied with all applicable federal, state, and local laws, rules, ordinances, and regulations. 26) Prior to Lessee's occupation of the Premises after construction has begun, a copy of the Certificate of Occupancy must be provided by Lessee to the Aviation Director. 27) Lessee must include, in all construction contracts entered into, a provision requiring the contractor, or in the alternative, Lessee, to indemnify, hold harmless, defend and insure City, including its officers, agents, and employees, against the risk of legal liability for doatl injury-ef-elemeg-e -to- persons -or p segtient-ial, arising or alleged to arise out of, or in connection with, the performance of any or all of the construction work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of City, its officers, agents, or employees. Lessee must furnish or, in the alternative, require the contractor to furnish, insurance as required herein. Upon termination of this Lease, ownership of the improvements constructed by Lessee on the Premises shall revert to the City, free and clear of all liens, claims and other encumbrances or adverse interest in the Premises or the Improvements thereon. 14. Repair and Maintenance. Lessee, at its own expense, shall make, or cause to be made, any and all repairs and replacements necessary to keep the Premises and Improvements in a first -class condition and in safe repair and shall make any and all repairs and replacements 9 -279- necessary to remedy defects of a structural nature. Lessee shall provide janitorial service and maintenance to keep the interior and exterior of the Premises and Improvements in a clean, attractive and sanitary condition at all times. Any landscaping must be well - maintained and kept in a neat and tidy condition by the Lessee. Lessee shall repair any and all damage caused to real and personal property of City occurring on the Premises, including damage caused to the Improvements, or elsewhere on the Airport property as a result of the willful or negligent acts or omissions of Lessee its officers, employees, contractors or agents. 15. Security. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge or penalty is levied against the City or the Lessee. 16. CFR Part 77 Requirements. Lessee covenants to comply with the notification and review requirements set out in Part 77 of the Federal Aviation Regulations [14 CFR Part 77], as amended, if Lessee plans to construct or modify any structure, antenna, or building located on the Premises or to be constructed as an Improvement. 17. Control of Structures. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and Airport as a height limitation on said structure, antenna, building, or object. Lessor may enter the Premises and remove the encroaching structure, antenna, building, or object at Lessee's expense plus an administrative charge of 15 %. 18. Aerial Approaches. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 19. Hazardous Substances. A. For the purposes of this Lease, "Hazardous Material" or "hazardous substance" shall mean and r e-of-the- fofowing: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.); -280- 10 4) Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991, et. seq.); 5) Any substance, material or waste which is reasonably considered by Lessor to pose an actual or potential threat to persons and/or property in, around or on the Premises. B. Lessee shall comply, and shall require any sublessee to comply, with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. No fuel storage tanks shall be located or permitted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous or regulated substance, has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property thereon, Lessee must notify immediately by oral report in person or by telephone, to be promptly confirmed in writing, to the Aviation Director as required by law or regulation. Lessee shall require any Sublessee to cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment, including, without limitation, a release or threat of release of hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ( "MSDS ") for each hazardous substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts `o -'e`er +ne which ccidentally discharged --and--have that MSDS sheet available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the earlier expiration or termination of this Lease. 20. Nondiscrimination /Affirmative Action. A. Nondiscrimination — General - Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the 11 —281— consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and 'as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination - Business Owner - This Lease is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. Lessee for itself, and as a requirement for any sublessee, agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. Remedy for Breach - If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non - discrimination covenant, or to have permitted any sublessee to deliberately breach a non - discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action - Lessee shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart; (iii) that third parties otherwise retained by Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub - organizations, as required by 14 CFR Part 152, Subpart E. Lessee ,at no expense to the City, shall comply with any ble --r uifet ertts the-- Amerie-ans- with-- B isabifities -(ADA) -ash- may - - ameticied with respect to the Premises and its Improvements. 21. Compliance with Laws. A. General - Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. 12 -282- B. Federal - Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations, including without limitation the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to the uses and operations at the Premises. C. State - Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local - Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 22. Termination. A. Termination By Lessee - Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Lessee at any time after the happening, and during the existence, of one or more of the following events: 1. The City's permanent abandonment of the Premises at the Airport; 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts any sublessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues for at least 150 days; or 4. The default by the City in the performance of any covenant or obligation on the part of the City to be performed, and the failure of the City to remedy the default for 60 days after receipt from Lessee of written notice to remedy the same. 5. After five years from term starting date of this agreement, Lessee may terminate without cause upon thirty (30) days written notice to the Aviation Director. B. Termination by City - Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Lessee: 1. Is in arrears in paying the rent, fees, or other charges due under this Lease for ten (10) business days ( "business" days are Monday through Friday inclusive) after written notice, or such other time as may be provided herein; 2. Makes a general assignment for the benefit of creditors; 13 —283— 3. Abandons the Premises [ "abandon" shall mean failing to operate an Aviation Maintenance Technician Education Program in the Improvements to the Premises for a period in excess of three (3) months); 4. Otherwise defaults in the performance of any of other material covenant of this Lease and continues the default for thirty (30) days, or such other time as may be provided herein, after receipt of written notice from the Aviation Director of the default. If the default cannot reasonably be cured within said 30 days or within any other time as set out in the notice of default, Lessee shall be deemed to have cured the default if it commences the remedy process within the applicable period and thereafter diligently prosecutes the same to completion. C. City's Right to Entry Upon Termination - If Lease is terminated, the City may enter upon the Premises. In the event of termination, the Aviation Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Lessee. All property on the Premises is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws are hereby expressly waived in favor of said landlord's lien; and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given or which may be given to City but is in addition thereto. In the case of termination by either party, if Lessee fails to remove any of its property on the Premises within thirty (30) days following the termination of this Lease, Aviation Director may sell the property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. To the extent allowed by law, Lessee further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any Toss or damage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any Loss, damage, or claim caused by the gross negligence or willful misconduct of City or its employees. D. Notice of Termination - If an event of material default occurs, and after due written notice identifying the default the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will -be- ter urinated -art- the - date- speeifiecH the--no #ice- but not- sooner- than - thirty -(3o-)- business days after the postmarked date of the notice. Rental payments are payable only to the date of termination. This subsection is subject to the requirements set out in subsection C of this section. E. Partial Destruction - If the Premises or Lessee's Improvements are partially damaged due to acts of God or other acts outside the control of the Lessee or City, to the extent that Lessee cannot use the Premises for its intended use, then, at Lessees option, this Lease may be terminated or instead may be suspended until the damage is repaired. If the Lease is suspended, Lessee and City will mutually agree on a time period for Lessee to repair the damages to the Premises or Improvements. If the Lease is terminated, as provided for herein, the rent will be abated from the date of the casualty; provided, however, that Lessee must use its insurance proceeds to replace the Improvements. All remaining insurance proceeds will be 14 —284— paid to Lessee. The City Manager of the City is the sole judge of the extent of damage to the Airport. 23. Property Rights upon Expiration or Termination: A. Removal of Equipment - Upon the expiration or earlier termination of this Lease, City shall, by written notice to any Lessee, permit the Lessee to remove all removable furniture, fixtures and equipment installed by the Lessee so long as it removes same within the time period set forth in the notice, but in no event less than thirty (30) calendar days after termination or expiration of the Lease. The City may require any damage to the Premises caused by any Lessee's removal of its property to be repaired at the Lessee's expense within fifteen (15) business days after termination or expiration of the Lease. Such repairs must be made to the reasonable satisfaction of the Aviation Director. Any fuel storage facilities installed must be removed prior to vacating the Premises, regardless of circumstances. Notwithstanding the foregoing, if any Lessee fails to remove its removable furniture, fixtures and equipment within thirty (30) days after the date determined in the notice, the Aviation Director may, at its option, take title to the said personality and sell store or salvage the same, as permitted by law. Any net expense the Aviation Director incurs on behalf of City in disposing of the any Lessee's personal property shall be billed to that Lessee directly by the Aviation Director. B. Improvements Revert to City - Except for the right of any Lessee to remove personal property at the expiration of the Lease, ownership of all permanent improvements placed or constructed on the Premises by Lessee revert to City upon expiration or termination of the Lease. C. Holdover - Any holding over by Lessee of the Premises after the expiration or other earlier termination of this Lease shall be on a month -to -month tenancy at sufferance, at the then current monthly rent and subject to surrender upon thirty (30) days' prior written notice. Failure to timely surrender the Premises following such written notice subjects Lessee to a monthly holdover fee of the then fair market value for the leased premises, as determined in accordance with Section 7 above. 24. Re- delivery of Premises: Upon the expiration or earlier termination of this Lease, Lessee shall deliver the Premises to City peaceably, quietly and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear thereof excepted. 25. Lessee's Repair and Maintenance Obligations: A. Premises - Lessee shall repair and maintain the Premises and improvements in good appearance and repair and in a safe condition at its expense. Lessee shall maintain, repair, replace, paint, or otherwise finish all leasehold Improvements on the Premises (including, without limitation, parking lots, sidewalks, roofs, walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment therein). Lessee shall, as much as practicable, ensure that the Premises are maintained free of foreign object debris. B. Quality of Maintenance - It is the intent of the Aviation Director and Lessee that the Improvements will be repaired and maintained in a manner that shall keep the Improvements intact, in good repair, and in a condition so that said Improvements will be usable 1 5 —285— at the end of the Lease. Lessee must comply with the maintenance obligations and with all - applicable governmental laws, rules, or regulations. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other properties. The Aviation Director may at any time during City's normal business hours, upon prior notice unless an emergency exists, enter upon the Premises to determine if the maintenance requirements of this Lease are being complied with. The Aviation Director must notify Lessee in writing of any default. If the required maintenance in the Aviation Director's notice to Lessee is not commenced within fifteen (15) business days after receipt of such written notice, or is not diligently prosecuted to completion, the Aviation Director may, but is not obligated to do so, enter upon the Premises and perform the subject maintenance. Lessee agrees to reimburse the Airport for its cost plus a fifteen percent (15 %) administrative fee within thirty (30) days after the Aviation Director's written demand therefore, together with copies of all paid receipts for such repairs and maintenance. Lessee will develop a preventative maintenance plan regarding the improvements and provide copy to the Aviation Director. C. Correct Hazards - Lessee must immediately correct or cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director. At the Aviation Director's reasonable discretion, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. 26. City's Obligations: A. To operate the Corpus Christi International Airport as a public airport during the Lease term, subject to the assurances given by City to the United States Government. B. To make water and wastewater service available to the Premises property line on the same basis as it is made available to all businesses operating at the Airport. Lessee must pay in full all utility usage charges for water, gas, wastewater, electricity and other utilities supplied to the Premises during the Lease term as the charges become due and payable. 27. Indemnification: A. LESSEE SHALL TO THE EXTENT ALLOWED BY LAW, INDEMNIFY AND HOLD HARMLESS LESSOR, ITS RESPECTIVE SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES (COLLECTIVELY, "INDEMNIFIED PARTIES ") FOR, FROM AND AGAINST ANY AND ALL PROCEEDINGS, SUITS, ACTIONS, CLAIMS, DAMAGES, JUDGMENTS, LIABILITIES, LIENS, -- AI3INISFRA IVE— PROCEEDINGS; FINES — PENALTIES AWARDS---- AND--- EX- PENSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY CLAIMS, OR EXPENSES WHATSOEVER (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF LITIGATION, MEDIATION AND /OR ADMINISTRATIVE PROCEEDINGS) (COLLECTIVELY, "CLAIMS "), WHETHER SUCH CLAIMS ARE MADE BY LESSEE, SUBLESSEE, LESSEE'S EMPLOYEES, AGENTS, REPRESENTATIVES OR BY THIRD PARTIES, WITHOUT LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF OR THE NEGLIGENCE OF ANY PARTY OR PARTIES, AND REGARDLESS OF WHETHER SUCH CLAIMS ARE CAUSED DIRECTLY OR INDIRECTLY BY THE NEGLIGENCE OF LESSOR, THAT MAY BE BROUGHT, INSTITUTED, ALLEGED OR IMPOSED, AGAINST THE CITY, ITS OFFICERS, AGENTS, OR EMPLOYEES ON ACCOUNT OF OR GROWING OUT OF ANY AND ALL INJURIES OR DAMAGES, INCLUDING DEATH, TO PERSONS OR PROPERTY RELATING DIRECTLY OR INDIRECTLY TO (I) THIS LEASE; (II) THE CONDITION OF THE PREMISES AND -286- 16 IMPROVEMENTS; (III) ANY OCCURRENCE IN, UPON, AT OR FROM THE PREMISES OR ANY PART THEREOF; (IV) ANY PROPERTY DAMAGED OR LOSS, PERSONAL INJURY, INCLUDING DEATH, OR ADVERSE EFFECT ON THE ENVIRONMENT ARISING OUT OF LESSEE'S ACTION OR INACTION WITH REGARD TO THE OPERATIONS OF LESSEE HEREUNDER, INCLUDING THE USE OR OCCUPANCY OF THE PREMISES, EXCEPTING ONLY THAT LIABILITY AS MAY RESULT FROM THE GROSS NEGLIGENCE OR THE WILLFUL MISCONDUCT OF THE CITY, INCLUDING ITS OFFICERS, AGENTS, AND EMPLOYEES; (V) THE FAILURE OF LESSEE, ITS SUBLESSEE, OR ANY OF THEIR OFFICERS, AGENTS OR EMPLOYEES, TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE, OR TO COMPLY WITH ANY APPLICABLE FEDERAL, STATE, OR LOCAL LAWS, RULES, REGULATIONS, OR ORDERS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL APPLICABLE FEDERAL, STATE, OR LOCAL ENVIRONMENTAL LAWS, RULES, REGULATIONS, OR ORDERS; OR (VI) RELEASE OF ANY HAZARDOUS OR REGULATED SUBSTANCES OR WASTE ONTO, INTO, OR FROM THE PREMISES OR OTHER AIRPORT PROPERTY, CONNECTED IN ANY WAY WITH THE OPERATIONS OR THE ACTION OR INACTION OF THE LESSEE, ITS SUBLESSEE, AND THEIR OFFICERS, AGENTS OR EMPLOYEES, REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A VIOLATION OF APPLICABLE LAW AT THE TIME OF THE OCCURRENCE. (VII) THE USE OR OCCUPANCY OF THE PREMISES OR ANY PART THEREOF; AND /OR (VIII) ANY CONSTRUCTION AND RELATED ACTIVITIES BY LESSEE, OR LESSEE'S SUBLESSEE, AND THEIR LICENSEES, INVITEES, AGENTS, CONTRACTORS, REPRESENTATIVES AND EMPLOYEES; TOGETHER WITH ANY AND ALL LOSSES THERETO, INCLUDING, BUT NOT LIMITED TO, ALL COSTS OF DEFENDING AGAINST, INVESTIGATING AND SETTLING THE CLAIMS. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH LESSOR AND LESSEE, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INTENDED BY LESSEE TO INDEMNIFY AND PROTECT LESSORS FROM THE CONSEQUENCES OF LESSORS' OWN NEGLIGENCE WHERE THAT NEGLIGENCE 15 A CONCURRING CAUSE OF THE CLAIM, AND ALSO THAT THE INDEMNITY SHALL PROTECT LESSORS AGAINST CLAIMS OF STRICT LIABILITY. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL HAVE NO APPLICATION TO ANY CLAIM WHERE THE CLAIM RESULTS FROM THE SOLE NEGLIGENCE OF LESSOR. LESSEE SHALL ASSUME ON BEHALF OF THE INDEMNIFIED PARTIES AND CONDUCT WITH DUE DILIGENCE AND IN GOOD FAITH THE DEFENSE WITH COUNSEL SATISFACTORY TO LESSOR, OF ANY AND ALL CLAIMS AGAINST ANY OF THE INDEMNIFIED PARTIES; PROVIDED, HOWEVER, LESSOR MAY, BUT HAVE NO OBLIGATION TO, INTERVENE OR ASSUME THE DEFENSE FOR LESSOR AT THE SOLE EXPENSE OF LESSEE. MAINTENANCE OF ANY INSURANCE INCLUDING BUT NOT LIMITED TO THE INSURANCE REFERRED TO IN THIS AGREEMENT OR BENEFITS PAYABLE UNDER WORKERS - COMPENrSA-T ION- ACTSDISABtLFFY BENEFIT ACTS OR- OTHER - EMPLOYEE BENEFIT ACTS DOES NOT AFFECT LESSEE'S OBLIGATIONS OF INDEMNITY. LESSEE WILL HAVE THE RIGHT TO CONTEST THE VALIDITY OF ANY CLAIMS, IN THE NAME OF LESSOR OR LESSEE, AS LESSEE MAY DEEM APPROPRIATE, PROVIDED THAT THE EXPENSES THEREOF ARE PAID BY LESSEE, OR LESSEE CAUSES THE SAME TO BE PAID BY ITS INSURER. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, LESSEE'S OBLIGATION OF INDEMNITY AS SET FORTH HEREIN WILL CONTINUE BEYOND THE TERM OF THIS LEASE. THE RIGHTS AND OBLIGATIONS SET FORTH IN THIS PARAGRAPH SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. B. LESSEE, AS MATERIAL PART OF THE CONSIDERATION TO LESSOR, HEREBY ASSUMES ALL RISK OF DAMAGE TO PROPERTY OR INJURY TO OR DEATH OF PERSONS WITHIN THE PREMISES, EXCEPT THAT CAUSED BY LESSOR'S SOLE -287- 1 7 NEGLIGENCE, AND LESSEE HEREBY WAIVES ALL CLAIMS IN RESPECT THEREOF AGAINST LESSOR, EXCEPT FOR CLAIMS ARISING OUT OF LESSOR'S SOLE NEGLIGENCE. C. To the extent allowed by law, Lessee agrees to defend, at its own cost, and to protect, indemnify, and otherwise hold harmless, the City, including its officers, agents, and employees (including but not restricted to the posting of bond and release of attachment) from and against any and all claims in any way arising out of or in connection with the construction, repair, or maintenance work undertaken hereunder by, through or on behalf of Lessee, including but not restricted to attachments, liens or levies, and whether or not the claim is meritorious, made, failed or asserted by any party other than Lessee against the City, including its officers, agents, and employees or the Premises or Improvements thereon or part thereof, or monies owing to the Airport. D. Notice - Notwithstanding the above indemnifications, Lessee must give the Aviation Director notice of any matter covered hereby and forward to the Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within ten (10) working days of Lessee's receipt of said notice, demand, summons, or other process. 28. Insurance: Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager ( "Risk Manager "), a copy of which is attached and incorporated as Exhibit C. Lessee must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Manager thirty (30) days prior to the annual anniversary date of the effective date of the Lease, which shows the level and type of insurance. The issuer of the certificate of insurance must provide the Aviation Director thirty (30) days written notice, by certified mail, prior to cancellation, non- renewal, or material change in the insurance policy(ies). Self insurance is not allowed. The Risk Manager will annually assess the level and types of insurance required by the Lease. The Risk Manager can reasonably increase or decrease the level or types of insurance by giving Lessee notice no less than sixty (60) days prior to the annual anniversary date of the effective date of the Lease. Lessee shall have thirty (30) days to procure the changed insurance and provide written proof of insurance to the Aviation Director. All insurance required by this Lease must be primary insurance and not in excess of or contributing with other insurance which Lessee may carry. All policies must name City as an additional insured. The applicable insurance policies required by this Lease must apply separately -to- City- asf -separate- colicies -had beerz- ssued--to- Less-ee - and -Gity. -- The amounts of all required insurance policies must not be deemed a limitation of Lessee's covenant to indemnify City and, if Lessee or City becomes liable in an amount in excess of the amount(s) of said policies, then Lessee must indemnify City from the whole thereof, except in the event of grossly negligent or willful misconduct on the part of City, its officers, or employees. 29. Notice: Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or by facsimile followed by written notice confirmed by mail or other delivery service, as addressed below: -288- 18 If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Office: (361) 289 -0171 Fax: (361) 289 -1251 If to Lessee: Del Mar College Attn: Lee Sloan Vice President of Administration, Finance and Student Services 101 Baldwin Corpus Christi, Texas 78404 Or to any other address that may be designated in writing from time to time by the parties. 30. Transfer of Lease. A. Lessee shall not assign this Lease or sublease the Premises or any part thereof or mortgage, pledge or hypothecate its leasehold interest or grant any concession or license within the Premises or sublease therein without the express prior written consent of Lessor (said consent may be granted or denied in Lessor's sole discretion); and any attempt to do any of the foregoing shall be void and of no effect. In the event of any such attempted assignment or attempted sublease or should Lessee, in any other nature of transaction, permit or attempt to permit anyone to occupy the Premises (or any portion thereof), Lessor shall thereupon have the right and option (but not the obligation) to cancel and terminate this Lease effective upon fifteen (15) days notice to Lessee given by Lessor at any time thereafter either as to the entire Premises or as to only the portion thereof which Lessee shall have attempted to assign or sublease or otherwise permitted some other party's occupancy. Lessee shall be liable for payment of fair market value of rents for the portion of the Premises used without consent of the Lessor, such fair market value to be determined as provided for in Section 7 above. If Lessor elects to cancel and terminate this Lease as to the aforesaid portion of the Premises, then the Rent (but no other charges) as to remainder of the Premises shall thereafter be reduced as determined by Lessor. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. B. Notwithstanding subsection A above, Lessee agrees to sublease an office area —and-allow-use - of -the- hangar- area - for -- aircraft forage -by- the --eivtl�-i-r- Patr-olTaH- -at -rro- cost -to -tire Civil Air Patrol. At the request of the Aviation Director, Lessee also agrees to allow occasional use of the Premises by non - profit education organizations for aviation education related seminars, and occasional use of the Premises by non - profit youth organizations for aviation related programs as requested by the Aviation Director. C. Upon Lessor's written request, Lessee shall provide copy of any sublease or assignment agreement concerning the Premises. D. In any case where Lessor consents to a sublease of the leasehold, Lessee will remain liable for the performance of all of the covenants, duties and obligations hereunder, including, without limitation, the obligation to pay any sums herein provided to be paid and any indemnity provisions provided herein, and Lessor will have the right to enforce the provisions of this -289- 19 Lease against Lessee and/or any sublessee without demand upon or proceeding in any way against any other person or entity. 31. GENERAL PROVISIONS: A. Mineral Rights - City expressly reserves all water, gas, oil and mineral rights in and under the soil beneath the Premises in which it holds an interest, and reserves right to conduct or provide for testing for and /or removal of any such City -owned gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture - Any failure or neglect of City or Lessee at any timelo declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessees right thereafter to declare a forfeiture for like or other or succeeding breach or default. C. Force Majeure - Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather and /or periods of rain or snow, inability to obtain labor or materials, or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations — The Aviation Director may adopt and enforce reasonable rules and regulations to be uniformly applied to similar uses and users of similar space, which Lessee agrees to observe and obey with respect to the use of the Premises and the health, safety and welfare of those using the Premises. E. Venue - Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. F. Successors and Assigns - Subject to the limitations upon assignment and transfer herein contained, this Lease binds and inures to the benefit of the parties hereto, and theirTespective- successai 5 e r id assigns. G. No Third Party Benefit - No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. H. Taxes and Licenses — If applicable and to the extent allowed by law, Lessee must cause to be paid any and all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises, leasehold Improvements, or operations hereunder and upon Lessee's rights to use the Premises, whether the taxes are assessed against Lessee or City, prior to the past due date. Lessee shall cause to be paid any and all sales taxes arising in connection with the occupancy or use of the Premises whether the taxes are assessed against the Lessee, any sublessee or City. Lessee must obtain and pay for —290— 20 all licenses or permits necessary or required by law for the construction of Improvements and must require any sublessee to obtain and pay for all licenses and permits necessary or required by law for the installation of equipment and furnishings and any other licenses necessary for the conduct of its operations hereunder. If Lessee wishes to contest any tax or charge, that contest will not be a default under the Lease so long as Lessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Further, Lessee shall cause any taxes not being contested to be paid prior to the past due date. I. Trash and Refuse - Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable sealed fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit piling of boxes, barrels or other similar items in or within view from a public area; must comply with all applicable laws and regulations relative to trash disposal; and must pay or cause to be paid the costs associated with trash removal and disposal. J. Terms Binding on Successors and Assigns - All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of Lessee and City. K. Use of Property - Subject to the Aviation Director's prior written approval all use of the Premises and improvements is subject to (a) any and all federal, state and local laws, ordinances, statutes, rules, regulations and orders applicable thereto; (b) Lessee's obtaining any and all building and other permits, licenses and other approvals with respect thereto. L. Delegation — Any obligations of the Lessee required by this Lease may be delegated to any sublessee by the terms of the sublease between the parties, provided that such delegation shall not relieve Lessee of its liability and responsibilities under this Lease. M. Publication. Lessee agrees to pay all newspaper publication costs as required by City Charter. 21 —291— EXECUTED IN DUPLICATE ORIGINALS this day of , 2011, by the authorized representative of the parties. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Approved as to legal form on April 14 2011 By: t,.. Lisa Aguilar, Assis ar City Attorney For the City Attorney Del Mar College: By: Mark Eq. amilla, Ph. D. President Date: ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES§ This instrument was acknowledged before me on fiPri 2011, by Mark Escamilla, Ph.D., President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college. 4 DELIA 0. PEREZ . \ } Notary Public € 12 STATE STATE bF TEXAS ` !?* My Comm. Exp. 12- 10.2014 . Notary Public, State of Texas Exhibit A — Description of Premises Exhibit B — General Description of Improvements Exhibit C — Insurance requirements Attachment 1 — Aerial depiction of the Premises location Attachment 2 — Metes and Bounds description of the Premises —292— 22 CORPUS CHRISTI INTERNATIONAL AIlIPORT N CORPUS CHRIS I1 INTERNATIONAL AIRPORT CORPUS CHRISTI -293- ATTACHMENT 1 DEL MAR COLLEGE PROJECT HANGAR :,rsa or: niED SEC: NDU AAJ 4 -5-I1 . LNV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 784.08 Field note description for a 1.06 acre tract of land out of Block 22, J. C. Russell Farm Blocks, a subdivision of Nueces County, Texas recorded in Volume 3, Page 53, Nueces County, Texas Map Records, said 1.06 acre tract offend being more particularly described by metes and bounds as follows: Beginning at a point, the northwest and beginning corner of the tract herein described, from whence the northwest corner of Lot 1, Block 1, International Industrial Tracts, a subdivision of the County of Nueces, Texas, recorded in Volume 40, Page 32, Map Records, Nueces County, Texas and with Texas State Plane, Zone 4205, NAD 83 Coordinates ofX =1,306,093,55 and Y= 17,175,238.39, bears North 47 ° -19'- 33 "West, a distance of 2,218.09 feet; Thence North 88°-28'-34" East, a distance of 18317 feet to a point for the northeast corner of the tract herein described; Thence South 01 °- 31' -28" East, a distance of 252.83 feet to a point of the southeast corner of the tract herein described; Thence South 88 °- 28' -32" West, a distance of 183.17 feet to a point, for the southwest comer of the tract herein described; Thence North 01 °- 3V -26" West, a distance of-252.83 feet to the Point of Beginning. Containing more or less 1.06 acre ofland_ State of Texas County of Nueces 1, Horaelo Oliveira, a Registered Professional Land Surveyor, of LNV Inc., Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category 1 -A, Land Title Survey. This the fi , day of ArAfit. 2010, Horacio Oliveira State of Texas License No. 1415 —294— Attachment 2, page 1 N.W. CORNER OF LOT 1 BLOCK 1 INTERNATIONAL INDUSTRIAL TRACTS VOLUME. 40, PAGE 32, M.R.N.C.T. TEXAS STATE PLANE ZONE 4205 NAD 83 X= 1308093.59 11= 17175238.39 POINT OF BEGINNING N 88'28'34" E 183.17' .,//////////////// /////////////// .f / , NOTE: FOUND ALL CORNERS UNLESS NOTED OTHERWISE. [EGEND. POWER POLE FOUND CORNER . BLOCK NUMBER BUILDING FENCE EXIST BUILDING _./ / / / /// / / // / / / / // it / /// /// 1// // // / / / / // / S 88'28'32' W 183.17' Attachment 2, page 2 LNV engineers I architects I contractors HSQMIObwtl] p lY 4U - *l( EXHIBIT FOR A 1.06 ACRE TRACT OUT OF BLOCK 22 J.C. RUSSELL FARM BLOCKS VOLUME 3, PAGE 53, M.R.N.C.T. -295- N SCALE 1:40 CORPUS CHRISTI INTERNATIONAL AIRPORT - HANGAR 1 -4; -00 SE W' I 41 CORPUS CHRIST] -296- CORI ?US CHRISTI 1N 1'] RNATIONAL AIRPORT EXHIBIT "A CONCEPTUAL LAYOUT SPA pnr4• R(:nA1 B11N11'ASQGFL ANT RV t Ti< VRED SEGLNL)O 3 -1i -II Exhibit B General Description of Work Hangar Rehabilitation- Corpus Christi International Airport DESCRIPTION QUANTITY UNIT Remove toilet partitions 4 EA Demo window frames - Prep for New 4 EA Demo misc walls 1 AL Remove all ceilings 2,440 SF Haul out load & haul off demo materials + 15% 50 CY Civil Site Worker 1 LS - i 5� _ '� - �. jj �. - - - - Wsp Misc concrete floor slab demo /repairs due to plumbing drains -4- y 1 Bathroom Solid Surface Counter Tops 30 SF Misc blocking 100 BF Bar / coffee millwork cabinets 20 LF Misc sealants & caulking 1 AL Interior alum frame and door 14 EA Interior door hardware 14 EA Exterior hollow metal doors and frames 2 L5 Exterior door hardware 2 LS Replace exterior windows 80 SF Ceilings 5/8" Suspended sheet rock ceilings - bathrooms 240 SF 2'x2' Acoustic Ceiling - Level 1 2,800 SF Paint misc metals /mechanical equipment etc 1 AL Paint wall finishes 2,865 SF Full height Gyp Bd Wails 2,865 SF Floors TBD LF Epoxy Resin Porch 17,425 SF VCT Flooring 2,440 SF Entry walk 6fl r gu 5 or new Foyers —120 SF— Prepare & level estimated 10% floors for new floor finishes 240 SF Ceramic floor tiles (large restrooms) 240 SF Ceramic floor tiles (small restroom) 120 SF Toilet compartments 5 EA 36" Grab bar 3 EA Misc Female Toilet Accessories 2 EA Misc Storage Accessories 2 EA Surface mounted paper towel dispenser 5 EA Electric Dyson Airblade Hand dryers 3 EA Mirrors 3 EA 2 jumbo roll toilet roll dispenser 3 EA Soap dispenser 3 EA —297- Exhibit B General Description of Work Hangar Rehabilitation- Corpus Christi international Airport Paper towel dispenser & waste receptacle 3 EA Fire Extinguisher & Cabinets 3 EA 5ignage 1 ALLOW EA Hangar Door 1 Metal Building Renovation 1 EA Metal Building Addition 25'xZ5' (stab and structure) 625 SF Remove misc plumbing fixtures - identified 4 EA New water closets 4 EA New lavatories 4 EA Mop sink 1 EA New electric drinking fountains 1 AL New sink 1 EA Rough -in all the above 8 EA Modifications to underslab sewer /drains 1 LS Replace domestic water piping 1 LS New water heater and circulating pump 1 EA New floor drains and floor sinks 2 EA Installation of New Mechanical 1 LS Replace HVAC mechanical equipment 5 TN Demolition 11 Ls General Power 1 EA Systems Raceway 1 EA 5witchgear 1 LS Site Roughin and Power 1 IS Distribution 1 LS Light fixtures 20 EA General Conditions 1 LS T' =— °' - s ,, -ate .r 3 s CY Asphalt 160 Light Pole and Fixtures 2 EA Paint Stripping 1400 LF Replace security alarm - ADT System 1 IS Telephone Service - MDF Equipment 1 IS Install surveillance system (NIC) i L5 Install additional cameras & equipment (NIC) 1 LS -298= I. Lessee Liability Insurance INSURANCE REQUIREMENTS Exhibit C A. Lessee must not commence work under this agreement until all insurance required herein is obtained and such insurance approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, two (2) copies of Certificates 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, termination, non - renewal or material change is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractor 6. Personal Injury $1,000,000 Combined Single Limit Hangar Keepers Legal Liability to include 1. Direct Primary Liability $1,000,000 Combined Single Limit per occurrence $3,000,000 Combined Single Limit aggregate Non -owned Aircraft Liability to include Coverage for rotor and motor liability (stationery and while in flight) $2,000,000 Combined Single Limit Educators Legal Liability $1,000,000 Combined Single Limit Automobile Liability to include 1. Owned vehicles $1,000,000 Combined Single Limit 2. Hired and non -owned vehicles �___� Property Insurance 1. All Risk Coverage Full replacement value of building and any betterment or improvements made to building and contents owned by Lessee Workers' Compensation Employers Liability Which complies with the Texas Workers Compensation Act $500,000 / $500,000/ $500,000 Student Accident Coverage to include Voluntary and Catastrophic coverage Sufficient to cover medical expenses incurred while on Airport property • Provide thirty (30) calendar days a dvance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (1 0) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Lessee shall provide a replacement Certificate of . Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee'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 Lessee to stop work hereunder, and /or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2011 Airport -- Delmar College lease ins. req. 3 -24 -11 ep Risk Mgmt. —300— 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 26, 2011 AGENDA ITEM: City Council consideration of an appeal by Manuel N. Cantu, Jr. of the Budding Standards Board's decision to require demolition of the structure(s) located at Lot 4, Block 1, West End, commonly known as 1414 Leopard Street. ISSUE: Mr. Manuel N. Cantu, (property owner) has requested the City Council to hear and consider an appeal of the Building Standards Board's decision ordering the demolition of the structure(s) located at 1414 Leopard Street in accordance with the City's Code of Ordinances, ( "Code ") 13 -28, Appeals, for failure to meet minimum building standards. The Building Standards Board ordered demolition to the subject property on January 27, 2011. NOTICE OF APPEAL: Section 13 -28(a) of the Code provides that whenever it is claimed that the decision of the Building Standards Board is erroneous, or that the decision of the Board would cause undue hardship, the owner or occupant may appeal the Board's decision to the City Council. Section 13 -28(a) says that the appeal shall state specifically the error alleged to have been committed by the Board. In this case, the owner states the Board's decision would cause undue hardship to Mr. Manuel N. Cantu, Jr. a co- owner of the property. REQUIRED COUNCIL ACTION: Council may consider the following actions: 1. Deny the appeal (thereby upholding the Building Standards Board order) 2. Sustain the appeal (thereby reversing the Board's order in whole or in part) Specifically, Section 13 -28(b) of the Code provides that the City Council may vary the application of any provision of Chapter 13 of the Code, Article 11, Building and Housing Standards Code, when enforcement would do manifest injustice and would be contrary to the spirit and purpose the code or public interest or when, in City Council's opinion, the decision of the board should be modified or reversed. Under Section 13 -28 of the Code, a decision to sustain the appeal and modify or reverse an order of the board in whole or in part shall specify the following: (1) in what manner such modification is made, (2) the conditions upon which it is made, and (3) the reasons therefore. Should the City Council desire to modify or reverse the Board's order, staff recommends that City Council set deadlines for any required action and that the Zoning and Code Enforcement be authorized to demolish the structure upon the owner's failure to comply with the City Council's decision. The decision of the City Council is final unless the —303— aggrieved party appeals by instituting a suit within the required time allowed from the date on which the City Council rendered the decision. RECOMMENDED PROCESS: The proceeding should be informal. In deciding this case, the City Council acts in a quasi - judicial capacity, i.e., it will determine what the facts are and determine whether the structure(s) require demolition. The Council will consider only the information relevant to those issues. At the outset, staff can summarize the agenda, the agenda memorandum, and its attachments. Then, the City Council will hear such comment, which would be done after presentation and argument of the parties, but before City Council deliberation. PREVIOUS COUNCIL ACTION: No prior action related to this case. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council uphold the Building Standards Board's decision to require demolition of the structure(s). The order is in accordance with Section 13- 26(G)(1)(c) of the Code allowing thirty (30) days to obtain proper permits and complete the demolition of the structure. if demolition is not started and completed as required, the City is authorized to demolish. die Ortega, Director Neighborhood Services Department (361) 826 -3234 EddieOCa�cctexas.com Attachments: Presentation Chronology of Events & Exhibits • Exhibit Documentation (Exhibits 1 -13) (Under Separate Cover) Background Mr. Manuel N. Cantu, Jr. and Gloria Gonzalez Cantu are the owners of property located at 1414 Leopard Street. On January 27, 2011, the Building Standards Board Order found the building(s) or structure(s) to be substandard and ordered the owner to: o demolish the building(s) or structure(s) according to Section 13 -26 (G)(1)(c) of City Code. o obtain any and all permits within 30 days; o if demolition is not started and completed as required, then City is authorized to demolish. Section 13 -28(a) of City Code of Ordinances provides for an appeal to City Council whenever it's claimed that the decision of the Building Standards Board is erroneous, or causes undue hardship, stating the specific error alleged to have been committed by the Board. The owner in this case is claiming that at the time of the decision of Building Standards Board order to demolish the structure he was not financially able to repair the structure. On December 23, 2009, Neighborhood Services Department Code Enforcement initiated the task to investigate and clean up problem properties around the City Hall area. Code Enforcement Officer investigated the structure located at 1414 Leopard Street and certain conditions were found to exist which violate the Building and Housing Code and ordinances of the City of Corpus Christi. An exterior inspection revealed the front porch area has rotten and missing wood. Concrete porch and steps reveals cracks and inadequate railing support. The stucco and wood siding revealed holes, deterioration, cracks and is rotten. The glass, window frames, and sills are rotten, broken and not weather tight, watertight and rodent proof. Rear wooden stairs are rotted and not capable of supporting the load which habitable use may cause. Protective railings not kept in sound condition and good repair. The roof has deteriorated and missing composition shingles, rotten eaves, and decking that adversely affect the interior ceiling portion of the structure. On December 29, 2009, Neighborhood Services Department Code Enforcement provided- theiniflal notice ordinance Violation to the property owners via certified mail. On January 29, 2010, Mrs. Gloria Cantu visited and informed Neighborhood Services Department that she planned to renovate the structure; however several bids from contractors were too expensive. Mrs. Cantu would contact Neighborhood Services when a contractor is hired to renovate. A request is made to set up an appointment with Mrs. Cantu to allow staff access to inspect the interior of the structure. On February 9, 2010, a second inspection was conducted by Neighborhood Services Department Code Enforcement, and revealed no repairs were started to the structure. On February 10, 2010, Neighborhood Services Department Code Enforcement provided final notice of ordinance violation to the property owners via certified mail. -305- On February 22, 2010, a Code Enforcement Officer and Supervisor met on site with Manuel and Gloria Cantu and their daughter to conduct a full interior inspection of the structure. Various violations were found. The interior floor, walls and ceilings are not kept in safe condition and good repair which revealed deterioration, holes, and stress cracks. Interior stairs has rotten wood and incapable of carrying loads which normal use may cause to be place thereon. Handrails not properly anchored and support inadequate. The sheetrock and insulation is falling from the ceiling and was found to have water and mildewed damage. Accumulation of litter and solid waste is scattered throughout structure. The electrical and plumbing systems are inadequate and not in compliance with City codes. In addition, the substandard and vacant building conditions promote criminal activity. Some of this activity includes graffiti, accumulation of litter & solid waste, vagrants inside /outside of structure, unsanitary conditions, high weeds, criminal trespassing, burglary & vandalism which resulted in arrests by the Police Department. On May 25, 2010, a residential permit to re -roof structure was obtained by owner. On November 21, 2010, residential re -roof permit expired with no inspections recorded. On November 23, 2010, a third inspection was conducted by Neighborhood Services Department Code Enforcement, and revealed no repairs started to the structure. Property referred to Liaison to be presented to the January 27, 2011 Building Standards Board Hearing On January 12, 2011, Neighborhood Services Department Code Enforcement provided notice via certified mail to property owners to appear before the Building Standards Board regarding violation of the Building and Housing Standards Code. On January 27, 2011, the Building Standards Board met and ordered demolition of the residence and carport. On February 7, 2011, Neighborhood Services Department mailed the final order of the Building Standards Board to property owner via certified mail. On February 23, 2011, the property owner filed an appeal of the order of Building Standards Board. Staff recommends denial of the appeal, thereby upholding the Order of the Building Standards Board. 1414 Leopar Street Eddie Ortega, Director of Neighborhood Services Teem Houston, Code Enforcement Supervisor Elizabeth Hund le , Assistant City Attorney Cindy Cortez, Code Enforcement Officer Property: 1414 Leopard Street Owner: anuel N. Cantu Jr. and wife Gloria January 27, 2011 BuHding Standards Board order found the structure' ) to b substandard and ordered the owner tac De oi sh the ru ° r () according Secten 13- 6 (G)(1)(c) of the City Code if demoU t on is not started and completed as required, then the City is authorized to demolished within thirty (30) days. 2 Section 1-2a) of City of Ordinances states that: Whenever i l im d that the decision of the Building Standards Board is erroneous, or causes Uf ue hardship, the owner or occupant mayappeal the Board°s decision to City Counc stating the specific error alleged to have been co m tted by the B oMing Standar is Beard. The n r in th s case is claim ng the decision erroneous and causes undue hardships 3 than to repair the structureo De Ina on would be more co v o owner Owner is reques ng one (1) yea o complete repairs to structure. upon nu and obs vioate 5 a inspection ves property the -1g and H. December 23 2009 de Enforcement Officer inth e,_ticiates compant be iri voatonof substandard conditions which a rd nan ising „ Standards o (Housing Code), " o: tn e y of Corp December 29, 2009 of Ordinance Violaton ,,ertion , _.,„ , ine to correct violata n(s) \A a ctin ut i 1 hristi perty Upon the .nspert and determ Upon ;,.„ Ord rriet on s e wi February 9, 2010 Code Enforcement Office nes property not in comp bserves February 10 2010 n of Ordinance VioaUon mailed to prop correct ) within three (3) days. 6 February 2 • 2010 spection Code Enfor emen property owne to COflduCt in main structure. er and Supe; lor ns; r0 er erty CO r 7 Owner ta eE or erne n CO `1 May 25,2010 permit to p d a iy rSmmT mx o fi pL+! Wn"h •' G F November 21 2010 int for re roof e r November 23 er conduct (4 q t y referred t al n. 010 nd property ards Board Bu 8 January 12 2011 0 propert m vn rs to appear before tie Bu Poarck jams y 27 201 andis sur �a j + u e c Fin d� ca Final 0 11 4 February 7, 2011 Bulthng Standards Board ma owners to: Demolish the structure rsuant to SecUon i32 Budng Housng and Standarc o ritions within th'd and compl. h rized to prop ode due to subs 0) day 0 I h ofthE ndard Threshold for finding a building substandard is 51 or more _1 Exterior wai s r0 ten a a ffi t J Roof: deterioted and rnit-Qing F.J Front porch: inadegLate supe [:1 Rear porch and stairs: steps J Window : broken g ass Li] interior wails and cefflngs: and mildewed sheetrock; co Detached carport: ind tr•mi :ectr d plumbing: An Co -mer boa •rt, as r ,ec ext es. --‘r.; -1,, 1, v arid fascia tnm craced en wood, hoes in roof cove'ino crackeo oonc ten wood, inadeci ie roof support, oose handrails \NI ri ow si ;is crYacks, rot apeo ceihnq ani deter' 4 -lute su inadequate, broken frame - wood and missing. dad aLed corrugated tin, ro Dport ripped • ve \1/flO(i f r k°7 a !, 4-E d 10 Photos from the 12/23/2009 (Ex Photos from t 212 212 0 1 0 11 n al s t 2) initial ins It 5) ec ol on o on • '.1 , t. • 1•:•,:d•-= • rj — • -1 �.� , - I I. _ - .7 �,. [f 4 ++ Q.F.J. ❑ Deny the appeal {thereby uphoLdng the Building Standards Board order 28 Chronology of Events & Exhibits 1414 Leopard St. City Code of Ordinances Excerpt (Exhibit 1) Building and Housing Standards Code of Ordinances, Section 13 -25 December 23, 2009 (Exhibit 2) • Neighborhood Services Department Code Enforcement Division initiated the task to investigate and clean up problem properties. • Photos of condition of property revealed rotten wood and holes on porch roof cover, deteriorated porch supports, deteriorated roof shingles and fascia, broken windows, unsecured entry, rotten wood on rear porch and steps, inadequate handrails, and graffiti. Deteriorated carport in unsafe condition. December 29, 2009 (Exhibit 3) ' • Notification of Ordinance Violation Manuel and Gloria Cantu are notified of substandard conditions at the property and directed to correct violation(s) within 30 days. • Notice provided via certified mail and First Class mail and included a survey of the property. • Certified mail signed by Manuel Cantu and returned to Neighborhood Services Department. January 29, 2010 • Mrs. Gloria Cantu visits staff at City Hall and informs Neighborhood Services Department that she was planning to renovate the residential structure; however several bids from contractors were too expensive. Request is made to set up an appointment with Gloria Cantu to allow staff access to inspect the interior of the structure. February 9, 2010 • Code Enforcement staff re- inspected property. No repairs were started to the structure. February 10, 2010 (Exhibit 4), • Final Notification of Ordinance Violation • Manuel and Gloria Cantu are notified of continued substandard conditions at the property and directed to correct violation(s) within three days. • Notice provided via certified mail and First Class mail. • Certified mail is signed by Manuel Cantu and returned to Neighborhood Services Department. February 22, 2010 (Exhibit 5) • Code Enforcement Officer and Supervisor meet on site with Manuel and Gloria Cantu and their daughter to conduct a full interior inspection of the residential structure. • Photos of inspection. May 25, 2010 (Exhibit 6) • Owner obtains residential permit to re -roof structure. November 21, 2010 • Permit expires with no recorded inspections. November 23, 2010 • Code Enforcement Division conducts third inspection and reveals structure is not in compliance. January 12, 2011 (Exhibit 7) • Notices provided via certified mail to Manuel and Gloria Cantu to appear before the Building Standards Board on January 27, 2011, regarding violations of the Building and Housing Standards Code. • Certified mail is signed by Manuel Cantu and returned to Neighborhood Services Department. January 27, 2011 (Exhibit 8) • Hearing packet provided to the Building Standards Board for property. • Staffs recommendation is to obtain any and all required permits and demolished the structure and detached carport within thirty (30) days under the provision of Section 13- 26 (G)(1)(c) of the Building and Housing Standards Code. February 7, 2011 (Exhibit 9) • "Final Order of Building Standard Board" issued to property owner(s) from the regular hearing of January 27, 2011, ordering demolition the structures (residence and detached carport) within thirty (30) days. • Notice provided via certified mail. • Certified mail is signed by Manuel Cantu and returned to Neighborhood Services Department. February 23, 2011 (Exhibit 10) • Property owner(s) filed an appeal of the order of the Building Standards Board. (Exhibit 11) • Property tax deferred balance as of April 15, 2011: $3,652.99 (source: Nueces County website) • Property detail sheet with property valuation: Land value -$20,1 00.00 Improvement yalue_$36, 262 :0U:- Market-value= $56721. "00 Nueces County Appraisal District: Nueces County Tax Assessor (Exhibit 12) • Incident/Investigation Reports from Corpus Christi Police Department. (Exhibit 13) • Property remains in substandard condition. • Photos of property. 24 CITY COUNCIL AGENDA MEMORANDUM Date: April 26, 2011 Resolution adopting the FY2011 -12 Consolidated Annual Action Plan (CAAP) that will designate proposed funding levels for the Community Development Block Grant' (CDBG), Emergency Shelter Grant (ESG) and the Home Investment Partnership Program (HOME). Authorizing the City Manager or a designee to submit to the United States Department of Housing and Urban Development (HUD); and if necessary make appropriate adjustments to the FY2011 -12 CAAP. ISSUE: U.S. Department of Housing and Urban Development (HUD) regulations require adoption of the FY2011 -12 Consolidated Annual Action Plan (CAAP). PRIOR COUNCIL ACTION: On January 11, 2011, the City Council adopted the FY2011 -12 Consolidated Annual Action Plan application process schedule, additionally, on April 12, 2011, the City Council held a public hearing as part of the Citizen Participation Process for projects to be considered and funded through the FY2011 -12 CAAP. REQUIRED COUNCIL ACTION: Final adoption of the FY2011 -12 Consolidated Annual Action Plan. FUTURE COUNCIL ACTION: Acceptance and appropriation of HUD funds for the FY2011 -12 CAAP. RECOMMENDATION: Staff recommends adopting the FY2011 -12 CAAP for Community Planning and Development Programs; authorizing the City Manager or designee to submit the FY2011 -12 CAAP to the HUD and authorizing the City Manager or designee to make changes to the FY2011 -12 CAAP if required by the HUD. Eddie Ortega Neighborhood Services Director Eddieo(a,cctexas.com 361.826.3234 ADDITIONAL SUPPORT MATERIAL Background Information Attachment A (formerly Attachment D) Resolution AGENDA MEMORANDUM BACKGROUND INFORMATION The City of Corpus Christi is required to receive comments on the proposed FY2011 -12 CAAP for at least 30 days; comments received will be included in the submitted CAAP to HUD. The FY2011 -12 CAAP identifies project/activities that will be assisted, housing activities to be undertaken and the programs and resources (federal, non federal, public and private) that will be utilized to support of those activities. The City of Corpus Christi has not received notice to date of its allocation for the FY2011 -12 CAAP program; for planning purposes an estimated allocation that projects a funding level to include $3,240,000 for the CDBG program; $1,485,000 for the HOME program; and, $150,000 for the ESG program is being projected. In addition to an anticipated allocation, reprogrammed funds and program income will also be included in the total amount of funds available as noted in the attachment. The FY2011 -12 CAAP is projected to be submitted to HUD on June 14, 2011 for review and approval for implementation during the fiscal year beginning August 1, 2011 and ending July 31, 2012. Attached is a listing of FY2011 -12 CAAP projects /activities that were considered for funding at the public hearing on April 12, 2011 for the CDBG, HOME and ESG Programs which require your consideration and approval. The City of Corpus Christi has received notification of available funding from the Department of Housing and Urban Development for FY 2011 -12 for the Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and the HOME investment Partnership (HOME) Programs. Available funding for the CDBG Programs for FY 2011 -12 will be $3,059,269; a reduction of $180,731 from the initially proposed funding level of $3,240.000 presented to the City Council on April 12, 2011. Available funding for the ESG Programs for FY 2011 -12 will be $150,000 as reported at the April 12, 2011 City Council meeting. Available funding for the HOME Programs for FY 2011 -12 will be $1,562,453; an increase in funding of $77,453 from the initially proposed funding level of $1,485,000 presented to City Council on April 12, 2011. REV 04/15/11 ATTACHMENT CITY OF CORPUS CHRISTI FY2011 CONSOLIDATED ANNUAL ACTION PLAN RECOMMENDED FY2011 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FY2011 CDBG Allocation (ESTIMATED) Reprogrammed Funds FY2011 CDBG Subtotal (ESTIMATED) Program Income from Rehabliitadon Program (REVOLVING FUND) TOTAL FUNDS AVAILABLE FOR FY2011 CDBG PROGRAM "D" $3,059,269 _ $166,424 $3,225,693 $700,000 $3,925,693 $247,108 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 Lane/Westland 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 $100,000 $100,000 Accessible Routes in the Manehiom!Sunnybrook 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. $509,430 3 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 Golliharfrom 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 CH2MHiii with funds from the ADA Improvements Bond 2008. The design will be shovel ready when the CDBG FY2011 funds are available. 13 $170,544 4 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 (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 $405,893 IClearance 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 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 $200,000 -369- i 6 $ I ,��l trle� , �y? R 4 g 'i": ', . -" -„ t .y e 8 j. r�.. . ice, Code Enforcement Program The Code Enforcement, Neighborhood Initiative (NIP) & Model Block Programs (MBP) request is for salaries to support the current staff. In this amount is included a total of $13,000 for training through classes, seminars and/or conferences for education opportunities and for certifications required for code enforcement Training opportunities will also be essential for staff to accomplish the goals of both the NIP and MBP. The Property Advisors and Zoning Project Coordinators (both have Code Enforcement duties) are responsible for inspecting properties within CDBG Target Areas for violations of approximately seventy five (75) City Code and Health Ordinances. The Zoning project Coordinators implement a comprehensive approach to coordinate City Services and programs to address specific needs of each neighborhood. The sustainability efforts for these neighborhoods need continued monitoring and citizen compliance; inspection are conducted on particular code violations. The Program Administrator oversees all revitalization efforts for the Model Block Program and the implementation and sustainability efforts for the Neighborhood Initiative Program; the Zoning & Code Enforcement Administrator oversees all functions of the Code Enforcement Division. These programs support the City Council's objective of enhancing the City of Corpus Christi "Pride" efforts through revitalization and sustainability efforts for NIP Sites. (6.5 Staff Members @$1,000.00= 6,500.00). Current Funding $350,000 $ '�. 27 $372,722 _`, PAV .,. e+l $350,000 $325,000 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 $25,000 Demolition Program This program consists of demolition of substandard structures determined to be health and safety issues 51 % or more deterioration of the general structure. 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 8 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 $200,000 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 $200,000 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 10 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 $100,0Q0 -327 0 - 11 j 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. 48 $208,508 12 Jae 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 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 w 13 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 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 $80,000 14 MBP -Phase 11 Brownlee Hardscape Improvement Project Phase II 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 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 $397,193 15 Neighborhood Initiative Program & Model Block(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' 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 5100,000 61 $100,000 $101) 000 , 16 Oak Paric 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 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 17 rte, t e ., Oak Park Basketball Pavilion 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 $868 410 $647,000 $622,000 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 $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. Leveraged 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 5700,000 $700,000 $700,000 -372- 4 -373- 5 s -Ya.. •'T 3 ;y_.. ta' �, s_4 y .YP.a ,,y{.- ,y ',s r.; c+*y. °.' � - 'yd '-.F "@ _ war G L z ... �'S.:,- .'LSri „'-°4- 95 5 ': ':e $539,300 :�'3g 'iE 22 Soutihmoreland Addition Area Street Improvements Part 4 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 3B & 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 23 Southmoreland Addition Area Street improvements 3548. 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 3B & 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 $369,000 101 $657,100 24 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 25 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 26 Weatherization Assistance Program This project will help weatherize 25 housing units at $6,500 per unit for low and moderate income 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 installation 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 repair or replacement of energy inefficient heating and cooling systems. 111 $162,500 $2,967,693 1 TOTAL CITY PROJECTS $7,919,342 $3,060,624 -373- 5 { (_3 ... S vei �. - e� .- -6 5"i '...sue �.- & x.:"% :.' C -*5"'7. Y �£ ' : 1 h e lc= 3 113 k o, % �''l - ' $.Y.. ¢i; S . - .. .:' p. $192,500 � { • . ! $31,024 yrc - arm ." t > 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 tow- income, uninsured, and medically underserved population, and these additional exam rooms would allow Amistad to expand services to additional adult patient. 28 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 Tots were begun 2003 as part of Phase 1 of development. 138 $100,000 $50,000 Y $44,244 Cliff 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 $250000 , Coastal Bend Alcohol & Drug Rehabilitation Center dlbla/ Charlie's Place In order the provide state mandated structured activities to clients in substance abuse 30 treatment, Charlie's Place request located at 5501 €H 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. Capital Contribution $1,000 178 $67,100 $67,100 $31,024 Coastal Bend Center for independent Living 31 The project shall provide barrier removal to include building wheelchair ramps and home modifications for individuals with disabilities 206 $105,000 $105,000 $99,234 Corpus Christi Hope House Replace all exterior fencing and gates: installation of two energy efficient water heaters; 32 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 $46,934 Corpus Christi Metro Ministries 33 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 $24,234 Del Mar College /Business Resource Center Small business counseling & training assistance at the facility located at 3209 S. 35 Staples; assistance with job creation /retention opportunities for Low to Moderate Income (LMI) & Section 3 persons/business, provide outreach/marketing efforts to better reach LMI'S. Capital Contribution 6149,939 280 $200,000 $175,000 $169,234 Glenoak Apts interior Cabinetry Upgrades With the property well over 30 years old, the interior cabinets have aged and are in need 36 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 Gonzalez Foundation, Inc. 7 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 $92,234 Mental Health Mental Retardation Center of Nueces County 38 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 $94,234 , . . ± 376 ?� $74,234 39 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 m-enlry into the community. Capital Contribution $656 279 $257,659 $80,000 40 Neighborhood Centers of Corpus Christi, inc. The security/landscaping project for the Marguerite Neighborhood Center located at 78th & 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 41 Nueces County Community ActionlWeatherizationlMinor 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 $2,218,209 440 880,000 $80,000 $74,234 42 Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income , disabled and for elderly homeowners in Corpus Christi. 464 $50,000 $50,000 $44,234 43 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 from ultra violet rays or rain, also, includes improving the roof system. 484 $71,000 $50,000 $44,234 44 Wesley Community Center Our current outdated air conditioning and heating systems are in dire need of upgrading to energy efficient units at their facility located at 4015 MacArthur. 502 $100,000 $50,000 $44,234 45 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 lighting and the installation of security cameras and gates for parking entrances. It also includes a fence for the Garcia Park. 524 $100,000 $50,000 $44,234 TOTAL NONPROFIT 62,171,459 $1,037,800 $957,800 TOTAL CITY PROJECTS $7,919,342 63,088,624 $2,967,893 TOTAL CDBG PROGRAM 810,090,801 84,106,424 63,925,693 FY2011 rNl'I�� 1(�r j ° 1 fy&, 4�.'&i `IS"C RECOMMENDED ESG Allocation ESTIMATED ,F „,-�L -1 kb���[5 PvM'L� { i JF� Iry� Sa�� :. �� °. Catholic Charities of Corpus Provision of Homeless Prevention security deposits or 1st month's services and payments to Current Funding $12,000 FY2011 EMERGENCY SHELTER F� i ; �. ' , -.,. x5 �' - pS _ '�.� .� 'E ems,. Christi including short term subsidies, rent, mediation programs, legal prevent foreclosure on a home. GRANT ? ;_�. ;� `F 551 (ESG) PROGRAM - �!� F£i an $25,000 ATTACHMENT --� k -3' $13,750 "D" S150 000 � , Y +. "LK��, $13,750 Z 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 $7,500 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 $36,000 $13,754 $13,750 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 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 $12,000 592 $25,000 $13,750 $13,754 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 $3D ' 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 $13,750 -376 - 1 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 $4,584 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 $20,000 Wesley Community- Center Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $12,000 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. $13,750 $13,750 ESG PROGRAM TOTAL $385,134 $150,000 * ESG administration (5%) proportionately increases or decreases in alignment with the entitlement allocation —377- 2 ATTACHMENT "D" RECOMMENDED FY2011 HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FY2011 HOME Allocation (ESTIMATED) $1,662,453 Reprogrammed Funds (Corpus Christi Community Development Corporation) $770,000 TOTAL FUNDS AVAILABLE FOR -, 2i S W}.' h `'kx' i f FY2011 HOME PROGRAM $2,332„453 'S'e A ! t�v CCCIC!CCHFC' 1 Homebuyer Assistance Program ($6,000) 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 $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 to the program. May include administrative funds for direct operating support for the CHDO's, Current Funding 6177,551 757 $148,500 $148,500 $158,245 Major Rehabilitation 3 Provide loans to low income homeowners to assist them with major rehabilitation of their homes. Current Funding $550,000 759 $705,000 $705,000 $705,000 SUBRECIPIENTSIOTHER ENTITIES 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 $1,000,000 6460,604 5 Lexington Vista Fifty Five (55) or older independent living apartment complex will contain 100 units targeting 30%, 50 %, 60% AMI Tenants. Total Protect Cost 613,625,462 801 6 Palm Gardens One hundred fifty six (158) 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 619,852,895 839 $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 611,600,000 875 $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 $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. 955 $300,000 6286,500 $300,000 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 10 private debt and HOME funds through the City of Corpus Christi. While the 1D05 $865,000 $865,000 $480,604 development will be open to families at 30%, 50%, and 60 la 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 $16,961,176 CHDO TOTAL $1,166,000 $1,151(500 SUBRECIPIENTSIOTHER ENTITIES TOTAL $4131,000 $150,000 CCCIC INTERDEPARTMENT TOTAL $963,500 $953,500 $961 246 HOME PROGRAM TOTAL $6,249,500 $2,265,000 $2,332,453 * Subrecipientsl0ther 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. -379- 2 A RESOLUTION ADOPTING THE FISCAL YEAR 2011 -12 CONSOLIDATED ANNUAL ACTION PLAN ( "CAAP ") WHICH INCLUDES THE COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SHELTER GRANT, AND HOME PROGRAMS; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT THE FISCAL YEAR 2011 -12 CAAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ( "HUD "); AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS TO MAKE CHANGES IN THE FISCAL YEAR 2011 -12 CAAP IF REQUIRED BY HUD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City of Corpus Christi's fiscal year 2011 -2012 ("FY2011") Consoli- dated Annual Action Plan ( "CAAP ") which includes the Community Development Block Grant, Emergency Shelter Grant, and HOME Programs is adopted. Additionally, the City Manager, or her designee, is authorized to submit the FY2011 CAAP to the U.S. Department of Housing and Urban Development ( "HUD "). Furthermore, the City Manager, or her designee, is authorized to execute all necessary documents to make changes in the FY2011 CAAP if required by HUD. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 4l Elizay'h R. Hundley Assi ant City Attorney for the City Attorney EHres285 CAAP Adoption FY1112 20110408 Joe Adame Mayor —380— Page 1 of 2 Corpus Christi, Texas day 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 EHres285 CAAP Adoption FY1 1 12 20110408 -381- Page 2 of 2 25 AGENDA MEMORANDUM DATE: April 26, 2011 SUBJECT: Downtown Street (Chaparral) (BOND ISSUE 2008) Project No. 6510/ CIP No: ST 43 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to the Contract for Professional Services with Gignac Architects of Corpus Christi, Texas in the amount of $407,503, for a total re- stated fee of $757,883 for the Downtown Street (Chaparral). (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Streets. Gignac Architects was selected as the design consultant for this project on December 15, 2008. The proposed Amendment No. 2 is for final design, preparation of construction documents, construction phase services, and related additional services to complete the project. FUNDING: Funding is available from the FY2011 Street and Utilities Capital Budget and Capital Improvement Planning Guide. Funding is also available from an Economic Development Administration (EDA) Grant if approved. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P.E., Director of Engineering Services 361 -826 -3781 petean@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 —385— H:IHOME1Ve&maPlGEMSTREET16510 DOWNTOWN STR CHAPARRAL E11200B\GIGNAC ARCHITECTSIAMENDMENT NO. 21AGENDA 2 MEMO.doc AGENDA BACKGROUND SUBJECT: Downtown Street (Chaparral) (BOND ISSUE 2008) Project No. 6510/ CIP No: ST 43 AMENDMENT NO, 2 DESCRIPTION: This project will convert Chaparral Street into a two way street from Schatzel Street to Williams Street as a demonstration project. This will ... include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement, new underground utilities, street lights and traffic control. New trees, shrubs, irrigation, landscape lighting and other amenities are also included. The consultant, Gignac Architects, will provide professional services for the coordination with City staff for preliminary design, final design and construction documents, bidding, and construction phases described further below: BASIC SERVICES 1. Construction Documentation, Bidding, and Construction Administration for the right of way of two (2) city blocks of Chaparral Street between William Street and Schatzell Street. 2. Traffic Control Design Services for the right -of -way of two (2) city blocks of Chaparral Street between William Street and Schatzell Street — partial closure. ADDITIONAL SERVICES 1. Traffic Control Design Services for the right -of -way of two (2) city blocks of Chaparral Street between William Street and Schatzell Street —full closure. 2. Power to new traffic controller units for the right -of -way of two (2) city blocks of Chaparral Street between William Street and Schatzell Street. 3. Wayfinding Signage Services. 4. Texas Department of License and Regulation (TDLR) Accessibility Services. 5. Preparing and attending Stakeholder and City Council Meetings. AMENDMENT NO 1 DESCRIPTION: The consultant will provide professional services for the coordination with City staff for preliminary design, final design and construction documents, bidding, and construction phases described further below: BASIC SERVICES 1. Preliminary Phase (under this contract) 2. Design Phase 3. Bid Phase 4. Construction Phase --386— H:IHOME1VeImaPIGENISTREET16510 DOWNTOWN STR CHAPARRAL BI2O061GIGNAC ARCHITECTSWMENDMENT NO.2IAGENDA 3 BACKGROL1ND.doc EXHIBIT "A" Page 1 of 3 ADDITIONAL SERVICES 1 Conceptual Design 2. Meetings 3. Topographic Survey 4. Signs The preliminary phase will include developing a study and report of the project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. Additional services include conceptual design services, meetings, topographic survey, and signs. Work will not begin on Additional Services until requested by the A/E, and written authorization is provided by the Director of Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. GRANT: The U.S. Department of Commerce, Economic Development Administration (EDA) grant proposes to help fund the proposed street and public realm infrastructure improvements on Chaparral Street. With the $2 million voters approved in the Bond Issue 2008, along with $1.5 million from the City Combined Utility Fund, the City is seeking a matching grant of $3.7 million from the EDA to help implement a two -way conversion of traffic operations on Chaparral Street south of IH -37, along with reconstruction of the street, intersections and crosswalks to promote traffic calming, underground utilities, sidewalks, street lighting, street trees, a district identity and wayfinding signage system, and public art to celebrate the unique character of Corpus Christi and create a stronger sense of place and identity. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of final design phase contract, construction observation services contract, and construction contract to complete the project is required. ORIGINAL CONTRACT: The original contract provided preliminary consulting services for developing a project cost estimate for an additional two blocks to provide information needed to apply for an Economic Development Administration (EDA) Grant. The project limits include Chaparral Street between Schatzell Street to Taylor Street. This project includes the conversion of Chaparral Street into a two -way street from William Street to Schatzell Street as a demonstration project, and converts additional street into a two -way street if the EDA Grant is obtained. The scope of services include the following: • Perform necessary field investigations to generally establish the nature of the project site. Take photographs as applicable. • Investment project description • Proposed time schedule for the project • Proposed project budget — including conceptual opinion of probable project costs - -387 -- EXHIBIT "A" Page 2 of 3 H:IHOME1VeImaP\GENISTREET16510 DOWNTOWN STR CHAPARRAL BI20081GIGNAC ARCHITECTS'AMENDMENT O. 2\AGENDA 3 SACKGROUND.doo • Engineering Report — including: • project location • project background • overview of existing roadway conditions and existing roadway utilities • conformance with relevant city master plans • project roadway right -of -way considerations • schematic strip maps of existing condition, proposed conceptual roadway alignment, and proposed conceptual roadway utility layouts • conceptual opinion of probable project costs • Coordination Meetings with the City of Corpus Christi 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. -388— EXHIBIT "A" Page 3 of 3 RIHOME \VeImaP1GENISTREET\S510 DOWNTOWN STR CHAPARRAL BI20081GIGNAC ARCHITECTSAMENDMENT NO. 24AGENOA 3 BACKGROUNO.doc PRIOR PROJECT ACTIONS SUBJECT: Downtown Street (Chaparral) (BOND ISSUE 2008) Project No. 65101 CIP No: ST 43 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) 2. June 29, 2010 - Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Gignac Architects of Corpus Christi, Texas in the amount of $335,900, for a total re- stated fee of $350,380 for the Downtown Street (Chaparral). (BOND ISSUE 2008) (Motion No. M2010 -162) 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. February 25, 2010 - Administrative approval of Small A/E Agreement for ArchitectllEngineer Consultant Services with Gignac Architects in the amount of $14,480 for the Downtown Street (Chaparral). -389- EXHIBIT `°B" Page 1 of 1 H:IHOMEWeImaP1GENISTREET46510 DOWNTOWN STR CHAPARRAL 13I200B1GIGNAC ARCHITECTSIAMENDMENT NO.21AGENOA 4 PRIOR ACTIONS.dac CONTRACT SUMMARY SUBJECT: Downtown Street (Chaparral) (BOND ISSUE 2008) Project No. 6510/ CIP No: ST 43 1. SCOPE OF PROJECT Downtown Street (Chaparral) (Project No 6510) BOND ISSUE 2008 - This project will coriVert Chaparral Street into a two way street from Schatzel Street to William Street as a demonstration project. This will include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement, replacement of underground utility, street lights and traffic control. New trees, shrubs, irrigation, landscape lighting and other amenities are also included. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, . gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. ' 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. 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE Day Date Activity Tuesday April 26, 2011 Start of Project at 35% Design Friday August 19, 2011 Issued for Bid Date Monday September 20, 2011 Bid Due Date Tuesday October 11, 2011 City Council Award Date Wednesday October 19, 2011 Notice to Proceed Date — Start of Construction -390— EXHIBIT "C" Page 1 of 2 H:IHOMEYVeImaP\GEMSTREET16510 DOWNTOWN STR CHAPARRAL BI20084GIGNAC ARCHITECTSVIMENDMENT NO. 24AGENDA 5 CONTRACT SUMMARY.doc 4. FEES 02/25/10 06/29/10 Admin. Approval M2010 -162 04/26/11 M2011- The estimated construction cost for Downtown Streets (Chaparral) BOND ISSUE 2008 is $2,640,600. The total basic services fee proposal for this project is $469,208. Therefore, the percentage of design cost to construction cost is 18 %. -391- EXHIBIT "C" Page 2 of 2 H:IHOME1VeImaP1GEN4STREET46510 DOWNTOWN STR CHAPARRAL BI2006SGIGNAC ARCHITECTS AMENDMENT NO. 21AGENDA 5 CONTRACT SUMMARY.doc Ori•inal Contract Amend. No. 1 Amend. No. 2 Total Basic Services 1 Prelimina Desk n Phase $14,480.00 $126,000.00 $0.00 $140,480.00 265,852.00 13,820.00 49,056.00 469,208.00 © 3 Desi • n Phase 0.00 0.00 265,852.00 Bid Phase 0.00 0.00 13,820.00 4 Construction Phase 0.00 0.00 49,056.00 Subtotal Basic Services 14 480.00 126,000.00 328,728.00 Additional Services 0 Conce • tual Desi • n 1/ Kinne to Hirsch 0.00 53,500.00 0.00 '`53500.00 9,700.00 Design of 2 -Way Conversion - Taylor to IH 37 0.00 9,700.00 0.00 NM Cross Streets - William to Schatzell 0.00 21,600.00 0.00 21,600.00 21 600.00 MI Cross Streets - Peo • Ies to Ta lor 0.00 21,600.00 0.00 1111111111�•�•��•i�= M! 2 •liLKa• E -I D- 0.00. 106,400.00 0.00 106,400.00 • MI Public 0.00 18,800.00 31,312.00 50,112.00 19,200.00 69,312.00 Cit Council 0.00 19 200.00 0.00 MIN M. ©To•o•ra•hic Subtotal Meetin•s 0.00 38 000.00 31,312.00 /1111M11111 Surve MIIIIIIIMMI MIN William to Schatzell 0.00 20,700.00 0.00 20,700.00 25 300.00 Schatzell to Ta lor 0.00 25,300.00 0.00 ©s •S�..:.NN•ewic.j∎ lE►t•�•�i�rT�aI 0.00 46,000.00 0.00 46,000.00 4 Si • ns alliliM M MI Wa indin. Si•na•e 0.00 19,500.00 25 807.00 45,307.00 18,156.00 63,463.00 NI Traffic Control Desk ns 0.00 0.00 18,156.00 Subtotal Sins 0.00 19 500.00 43,963.00 5 Permits TDLR 0.00 0.00 3 500.00 3,500.00 MIN .111/111=i Subtotal Additional Services 0.00 209 900.00 78 775.00 288,675.00 �II Total IIIIIIIMIIIIIIIIIMIIIIIIIIIIIM $14,480.00 $335,900.00 $407,503.00 $757,883.00 02/25/10 06/29/10 Admin. Approval M2010 -162 04/26/11 M2011- The estimated construction cost for Downtown Streets (Chaparral) BOND ISSUE 2008 is $2,640,600. The total basic services fee proposal for this project is $469,208. Therefore, the percentage of design cost to construction cost is 18 %. -391- EXHIBIT "C" Page 2 of 2 H:IHOME1VeImaP1GEN4STREET46510 DOWNTOWN STR CHAPARRAL BI2006SGIGNAC ARCHITECTS AMENDMENT NO. 21AGENDA 5 CONTRACT SUMMARY.doc PROJECT BUDGET DOWNTOWN STREET (CHAPARRAL) BOND ISSUE 2008 (Project No. 6510) May 10, 2010 FUNDS AVAILABLE: Street C1P $2,000,000.00 Utilities C1P 1.750,000.0(3' Total $3,750,000.00 FUNDS REQUIRED: Construction.... $2,445,000.00 Contingencies 195,600.00 Consultant Fees: Consultant - (Gignac Architects) 757,883.00 Testing - (Geotechnical & Material Testing) 36,675.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... 48,900.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 73,350.00 Construction Observation Services (not included in Consultant Services) 73,350.00 Finance Issuance 30,562.50 Misc. (Printing. Advertising, etc.) 12,225.00 Total $3,673,545.50 FUNDS REMAINING $76,454.50 HAHOME1WilmaPIGENISTREET,66510 DOWNTOWN BTR CHAPARRAL BI2DO3OGNAC ARCHITECT3A9E2OMENT NO. ZIAGENDA 5 PROJECT BUDGET 'EXHIBIT Page 1 of I Fife : \ Mproject \councilexhibits\exh657O.dwg CORPUS B.ty AGNES PROJECT LOCATION McGLOIN RD. LOCATION MAP NOT TO SCALE PEOPLES ST LEOPARD ST PROJECT SITE CHAPARRAL FROM SCHA1ZELL To WILLMMS LIPAN ST COMMANCHE ST PROJECT # 6510 I 1 r SITE PLAN NOT TO SCALE EXHIBIT 'E' DOWNTOWN STREET (CHAPARRAL) BOND ISSUE 2008 —w- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 oft DATE: 4-26-2011 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: April 26, 2011 AGENDA ITEM: ADA Master Plan Presentation STAFF PRESENTER(S): Name 1. Johnny Perales 2. Pete Anaya 3. Jamie Pyle OUTSIDE PRESENTER(S): Name 1. Dan Leyndecker 2. Ruben Perez 3. Title /Position ACM Director Project Manager Title /Position Owner Project Engr. Department Development Services Engineering Services Engineering Services Organization LNV, Engr. Inc. LNV, Engr. Inc. BACKGROUND: This project was included in the Bond Issue 2008 initiative for ADA Improvements. The funding for the ADA Master Plan was also supplemented with a FY2009 Community Block Grant of $175,375. The purpose of the ADA Master Plan . is for the long -range planning, prioritization, construction, and maintenance of pedestrian infrastructure along arterial and collector streets. The project involved developing a Pedestrian Infrastructure Inventory and overall assessment with a GIS- based tool. The plan was proposed to include an implementation schedule with proposed funding and prioritization requirements using input from public stake holders_ including the general public, the Regional . Transportation Authority, _the Texas Department of Transportation and members of the community with disabilities, LNV, Engineering, Inc. was contracted on November 17, 2009 to develop the ADA Master Plan for the purpose of identifying areas of non - compliance, planning future ADA Improvements, and tracking progress. The ADA Master Plan is in the draft form at this time. The next phases of the ADA Master Plan development include public input, Planning Commission Approval and City Council Approval. REQUIRED COUNCIL ACTION: Support of the ADA Master Plan as it moves forward to the Public input phase. PowerPoint Supplemental Information • 1-1aHOME1VELMAP \GENISTREET46465 ADA MASTER PLANYAGENDA COVER P ES EN TATIONFORM2O11(JAMIE PYLS},DOC CITY OF CORPUS CHRISTI ADA MASTER PLAN For Accessible Routes Along Arterial and Collector Streets •Jamie Pyle, P.E., RPLS, CFM, Engineering Services •Ruben Perez, P.E., LNV, Inc. 1 • Purpose • Partners • Overview of Plan Design • Schedule • Costs / Funding • Measures and Milestones • Community Outreach Process • Why is this important? • What is the City Council's Role in this plan? Outline 2 • Address the city's pedestrian infrastructure needs as mandated by the Americans with Disabilities Act (ADA) and Title II • Continue the progress that has been achieved based on the city's ADA Transition Plan which addressed curb ramp improvements but did not map or quantify proposed ADA accessible routes within city • Specifically includes: • mapping of proposed ADA accessible routes interconnecting locations of interest across the city along arterial and collector streets • an existing condition inventory of curb ramps, sidewalks, and other pedestrian elements along the proposed ADA accessible routes • identification of ADA deficiencies along those routes • projected construction costs to address the identified deficiencies • proposed schedule for the construction of the pedestrian infrastructure improvements • identification of potential funding sources to fund the improvements 3 To date, partners providing review and input into the design and development of this ADA Master Plan include: • Committee For Persons With Disabilities • City/RTA/TxDOT/MPO Projects Committee 4 Overview of Plan Design * Approximately 300 miles (5,685 curb ramp locations) of city streets are included in pedestrian infrastructure evaluations along proposed ADA accessible routes * Where curb ramps exist, 34% are deemed to be compliant (Detectable warning, proper slopes and landings, etc.) * 40% of total number of locations evaluated have no curb ramps at all * Only 21% of all locations evaluated currently have compliant curb ramps * Where sidewalks exist along proposed accessible routes, approximately 63% of the total length is determined to be usable * No sidewalks exist at all on 27% of the total length of proposed accessible routes evaluated Proposed ADA Accessible Routes were chosen based on the interconnectivity they provide between various places of interest within the City, ranked by: 1. City/State/Public Buildings 2. Transportation Routes 3. Schools/Hospitals/Senior Centers/Homeless Shelters/Recreation Centers/ Public Attractions/Other places of Public Accommodation 5 N 0 vcr • Components of plan will include: * Project Schedule by Phase Overview of Plan Design * GIS Grid Overview with layers reflecting: (1) identified concentrated areas of need, (2) transportation points, (3) facilities or services locations, (4) proposed ADA accessible routes interconnecting various places of interest across the City, (5) condition and/or presence of existing pedestrian infrastructure elements (curb ramps, sidewalks, pedestrian signals, crosswalks, etc.) along those proposed accessible routes, and (6) construction phasing of the proposed improvements. An example of GIS data is provided in the subsequent slide. 6 Overview of Plan Design GIS Example 3-fY»aara 1 .icriacts ;a rclaec P 1 Lumla IS enrenamom • 7WM•241• 11 • NAM OP Pirtle MUM MF R MINIM .13 MIL • mu rila•Ial .mayWME NOT MAINZ WALE • P® MM'pMR — y1Qg1WJc • eat nom —cnorosme r•— ^Mau& 7 Schedule Schedule for completion of all pedestrian infrastructure improvements identified in the ADA Master Plan is dependent on the availability/amount of funding allotted. Therefore, the schedule presented is based on the phasing of the ADA Master Plan, not dates. • ADA Master Plan is divided into 3 major Phases * Phase 1- ADA Accessible Routes interconnecting City/State/Public Buildings * Phase 2- ADA Accessible Routes interconnecting Major Transportation Routes * Phase 3- ADA Accessible. Routes interconnecting Places of Public Accommodation 8 • Each of the 3 Phases of the ADA Master Plan is further divided into project packages, prioritizing the most beneficial improvements first (within each phase) * Phase 1 is divided into 12 packages of approximately $1M each. * Phases 2 & 3 are divided into 11 packages of approximately $5M each. 9 Costs/Funding Estimated construction costs (in 2011 dollars) for all identified improvements are summarized in the chart below: Estti�tatedkConstruct n Costs or del �t 1 iIrove 1'aen s Identified 1n A ` D.�A'11 aste Flan �' a'P ,... Item Quantity Unit Cost * Total Cost Non -Compliant Curb Ramps (ea) 2,230 $7,800 $17,394,000 Non -Existent Curb Ramps (ea) 2,289 $7,800 $17,854,200 Unusable Sidewalk (If) 496,950** $36 $8,945,000 Non -Existent Sidewalk (If) 496,860 $36 $17,886,900 Pedestrian Signals (ea) 241 $6,250 $1,506,300 Crosswalks (ea) 182 $3,900 $709,800 Total Estimated Project Costs (2011 Dollars) = $64,296,200 * includes: Design, construction, administration, contingency, etc. "" Note that of the entire length of unusable sidewalk in each phase of the ADA Master Plan, improvements to approximately 50% of the total length will improve the sidewalk to a usable condition. Therefore, only 50% of the lengths used in the cost calculation. 10 Costs/Funding Estimated construction costs (in 2011 dollars) for each of the 3 Phases of the ADA Master Plan are summarized in the charts below: * Includes: Design, construction, administration, contingency, etc. ** Note that of the entire length of unusable sidewalk in each phase of the ADA Master Pian, improvements to approximately 50% of the total length will improve the sidewalk to a usable condition. Therefore, only 50% of the lengths used in the cost calculation. 11 h - xa ce sibiehaute; .E' '11 t ' b i B'uildi gsE� Item Quantity Unit Cost * Total Cost Non -Compliant Curb Ramps (ea) 622 $7,800 $4,851,600 N on -Existent Curb Ramps (ea) 472 $7,800 $3,681,600 Unusable Sidewalk (If) 128,990** $36 $2,321,900 Non -Existent S$36 Sidewalk (If) 37,970 $1,367,000 Pedestrian Signals (ea) 61 $6,250 $381,300 Crosswalks (ea) 81 $3,900 $315,900 Phase 1 Total Estimated Project Costs (2011 Dollars) = $12,919,300 * Includes: Design, construction, administration, contingency, etc. ** Note that of the entire length of unusable sidewalk in each phase of the ADA Master Pian, improvements to approximately 50% of the total length will improve the sidewalk to a usable condition. Therefore, only 50% of the lengths used in the cost calculation. 11 -77 ;ss f Costs/Funding fr F Plias h2 14 Estl� T �7 Con C y .;r^kx'.�Jy y 4 # 1 ccessible R9 . i6 Rf rustctioIn Co is Fo•r * ' ti -` r a r:"zr ajOrTran or titian routes Item Quantity Unit Cost* Total Cost Non -Compliant Curb Ramps (ea) 763 $7,800 $5,951,400 Non -Existent Curb Ramps (ea) 965 $7,800 $7,527,000 Unusable Sidewalk (If) 194,440** $36 $3,499,900 Non -Existent Sidewalk (If) 175,500 $20 $6,318,000 Pedestrian Signals (ea) 99 $6,250 $618,800 Crosswalks (ea) 72 $3,900 $280,800 Phase 2 Total Estimated Project Costs (2011 Dollars) = $24,195,900 * Includes: Design, construction, administration, contingency, etc. **Note that of the entire length of unusable sidewalk in each phase of the ADA Master Plan, improvements to approximately 50% of the total length will improve the sidewalk to a usable condition. Therefore, only 50% of the lengths used in the cost calculation. 12 Lf Costs/Funding L; Ph a ti�tai>atiairtsts lot+ si im to G'c `qi ` DAA si a tout f r s �u ,�A cc lrt r tl ion } Item Quantity Unit Cost * ! Total Cost Non -Compliant Curb Ramps (ea) 845 $7,800 $6,591,000 Non -Existent Curb Ramps (ea) 852 $7,800 $6,645,600 Unusable Sidewalk (If) 173,520* $36 $3,123,300 Non -Existent Sidewalk (If) 283,390 $36 $10,202,000 Pedestrian Signals (ea) 81 $6,250 $506,300 Crosswalks (ea) 29 $3,900 $113,100 Phase 3 Total Estimated Project Costs (2011 Dollars) = $27,181,300 * Includes: Design, construction, administration, contingency, etc. " Note that of the entire length of unusable sidewalk in each phase of the ADA Master Plan, improvements to approximately 50% of the total length will improve the sidewalk to a usable condition. Therefore, only 50% of the lengths used in the cost calculation. 13 Costs/Funding There are several potential funding sources for the ADA Master Plan pedestrian infrastructure improvements. • The City of Corpus Christi Bond Program • Partnership/FundingAgreements UT.4I 4-I, Regional Transportation Authority (RTA) • Community Development Block Grants (CDBG) • Coordinated Efforts with the Corpus Christi Metropolitan Planning Organization (MPO) and/or the Texas Department of Transportation (TxDOT), including Safe Routes to School and/or Enhancement Projects • Indirect Funding through the selection of Street Improvement and/or Utility Projects along proposed ADA Accessible Routes 14 Measures/Milestones As ADA Master Plan infrastructure projects are planned, designed, and constructed, the following measures/milestones are projected for each phase: Phase 1 * Arterial and Collector streets interconnecting City/Public Buildings will be addressed * All improvements identified in the City's ADA Transition Plan will be completed *Approximately 1,100 curb ramp locations will be newly constructed and brought into ADA compliance, 24 miles of existing sidewalk will be improved from an unusable condition to a usable condition, and 7 miles of new sidewalk will be constructed. 15 Phase 2 Measures/Milestones * Arterial and Collector streets interconnecting Major Transportation Routes will be addressed *Approximately 1,730 curb ramp locations will be newly constructed and brought into ADAcompliance, 37 miles of existing sidewalk will be improved from an unusable condition to a usable condition, and 33 miles of new sidewalk will be constructed. 16 Phase 3 City of Corpus Christi Measures/Milestones * Arterial and Collector streets interconnecting Place of Public Accommodation will be addressed *Approximately 1,700 curb ramp locations will be newly constructed and brought into ADA compliance, 33 miles of existing sidewalk will be improved from an unusable condition to a usable condition, and 54 miles of new sidewalk will be constructed. 17 Community Outreach Process Coordinated effort of Engineering Services, Human Relations, and the Mayor's Committee For Persons With Disabilities will include: • Community outreach meetings to solicit feedback and answer questions held at various Senior Centers (at least 6) throughout the City, • At least one meeting targeting agencies and advocacy groups representing citizens with disabilities and mobility challenges. The outreach process is expected to be completed within a two month period. 18 Why is This Important? 1) The ADA Master Plan helps to identify and prioritize accessible route needs 2) The ADA Master Plan will identify progress that has been made 3) The ADA Master Plan will allow citizens and visitors to identify accessible routes for their transportation needs on the City's internet website 4) The ADA Master Plan will provide aid in obtaining critical funding and enhance funding opportunities such as State and Federal Grants 19 What is the City Council's Role in this Plan? o To provide support and direction to move forward o To appropriate accordingly as funding becomes available 20 -420-