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Agenda Packet City Council - 06/12/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, June 12, 2012 12:00 PM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y 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. Proclamations / Commendations Proclamation declaring June 2012 as "National Safety Month" "At Your Service" Award, City Employee Recognition B. Mayor Joe Adame to call the meeting to order. C. Invocation to be given by Pastor Neil Winchester, Pulse Fellowship. D. Pledge of Allegiance to the Flag of the United States. E. City Secretary Armando Chapa to call the roll of the required Charter Officers. F. MINUTES: 1. 12 -00398 Approval of Meeting Minutes - May 29, 2012. Attachments: Minutes - May 29, 2012.pdf Corpus Christi Page 1 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 G. BOARDS & COMMITTEE APPOINTMENTS: 2. 12 -00407 Animal Control Advisory Committee Food Service Advisory Committee Landmark Commission Pipeline Review Panel Senior Companion Program Advisory Committee Sister City Committee Watershore and Beach Advisory Committee Attachments: 06- 12 -12. doc H. 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. I. CONSENT AGENDA NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. Purchase of replacement radiator for water treatment plant back -up generator 3. 12 -00315 Motion approving the purchase of one replacement radiator for an Onan Generator from Cummins Southern Plains for a total amount of $63,483.65. The equipment is used by the City's Water Department, O.N. Stevens Water Treatment Plant on an emergency backup generator. Funds are budgeted in the Water Department operations budget in FY11 /12. Attachments: Agenda memo - Emergency Generator Radiator Price Sheet- Emergency Generator Radiator ReplacementV2 Service agreement to provide contracted municipal court bailiffs 4. 12 -00214 Motion approving a three -year service agreement for contracted commissioned municipal court bailiffs with Alpha Security Solutions & Investigations of Corpus Christi, TX based on lowest responsible bid in accordance with Bid Invitation No. BI- 0082 -12, for a total amount of Corpus Christi Page 2 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Service agreement disaster 5. 12 -00297 $467,625.60, of which $25,979.20 is required for the remainder of FY2011/2012. The term of the agreement is for three years with an option to extend for up to two additional one -year periods subject to the approval of the service provider and the city manager or designee. Funds are available in the Municipal Court Security Fund. Attachments: Agenda Memo- Bailiff Bid Tabulation - Bailiff Service Agreement - Bailiff to supply emergency response equipment and services during a Motion approving a service agreement for Emergency /Disaster Response Services with Garner Environmental Services, Inc. of Deer Park, TX for a total amount of $406,667.74. The term of the agreement is four years. The award is in accordance with the General Services Administration's (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. Attachments: Agenda Memo- Emergency Disaster Price Sheet - Emergency Disaster Agreement - Emergency Disaster Service .pdf Purchase of group life and disability insurance for City employees 6. 12 -00339 Motion authorizing the City Manager or designee to execute all documents necessary to purchase two years of Group Life Insurance from Standard Insurance Company of Portland, Oregon for a total amount of $69,816.03, of which no funding is required for the remainder of this fiscal year, and two years of Disability Insurance from Lincoln Financial Group of Houston, TX for a total amount of $166,195.87, of which no funding is required for the remainder of this fiscal year; based on lowest responsible proposal; and authorizing the City Manager or designee to execute all documents necessary to extend the coverage for up to two optional one -year periods, subject to approval of the service provider. Attachments: Agenda Memo - Group Life & Disability Insurance.doc Price Sheet - Group Life & Disability Insurance.xls Acceptance of grant and appropriation of funds for Lindale Park Community Garden 7. 12 -00277 Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. Corpus Christi Page 3 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Attachments: Agenda Memo 2O12Gm100Grant Resolution 2O12Gm1OOOGrantdoox CCGm1OOU grant award |etter.pdf 8. 12-00278 Ordinance appropriating a $15,000 grant awarded by Scotts Miracle-Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden, and declaring an emergency. Attachments: Aqende2O12Gro1OODGrant Ordinance 2U12Gro1OOOGrant.doox CCGro1OOO grant award |otter.ndf Corpus Christi Page 4 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Acceptance of grant and appropriation of funds for Elderly Nutrition Program 9. 12 -00306 Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first federal installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo - ENP Grant award FY12 #1.docx Resolution - ENP Award FY12 #1.doc Exhibit 1 - ENP Award FY12 #1.pdf 10. 12 -00307 Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. Attachments: Agenda Memo - ENP Grant award FY12 #1.docx Ordinance - ENP Award FY12 #1.doc Exhibit 1 - ENP Award FY12 #1.pdf State grant application to fund Bay Jammin' concert series 11. 12 -00344 Resolution authorizing the City Manager or designee to submit a grant application to the State of Texas, Governor's Office, Texas Music Office, in the amount of $3,000 for the Bay Jammin' 2012 Concert series. Attachments: Agenda memo - Texas Live Music Grant Resolution - Texas Music Office Grant application.doc Lease agreement with YMCA for use of T.C. Ayers Pool for free summer swim program 12. 12-00280 Ordinance authorizing the City Manager, or designee, to execute lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs; and declaration of emergency. Attachments: Agenda Item - YMCA aqmt for TCAyers pool Ordinance - YMCA agreement YMCAAgreement re TC Avers Pool.pdf Interlocal Agreements with local school districts to provide summer program transportation services 13. 12 -00309 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. Corpus Christi Page 5 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Attachments: Agenda memo Calal|on|SD|nterlooa Summer Transportation Resolution Ca|aUen|SD|ntedoua| for Summer Transportation Contract Ca|aUen|SD|ntedoua| Summer Tranoportation.pdf 14. 12-00310 Resolution authorizing the City Managerordesignee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda memo CCISD Interlocal Aqmt Summer Transportation Resolution CC|8D|ntedooa| for Summer Transportation Contract CC|GD|ntodoua| Summer Tranaportationndf Corpus Christi Page 6 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 15. 12 -00311 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo - Flour Bluff ISD Interlocal Summer Transportation Resolution -Flour Bluff ISD Interlocal Summer Transportation.doc Contract - Flour Bluff Interlocal Summer Transportation.pdf Authorization of expenditures for Chamber of Commerce Base Closure Task Force efforts 16. 12 -00372 Resolution to authorize expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 to be used by the South Texas Military Facilities Task Force for efforts to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. Attachments: Agenda Memo - Base Closure Resolution to authorize funding for South Texas Military Facilities Task Force Authorization to execute future Memoranda of Agreement with the Federal Aviation Administration 17. 12 -00292 Resolution authorizing the execution of future Federal Aviation Administration Memoranda of Agreement for technical services associated with the Runway Safety Project at Corpus Christi International Airport to be paid from funds that will be awarded under future Federal Aviation Administration Grant Nos.49 and 50. Attachments: Agenda memo - FederalAviationAdmMOA Resolution - Federal AviationAdminMOA.docx Approval of agreement with TxDOT for use of right -of -way for Airport runway extension lighting project 18. 12 -00317 Resolution authorizing the City Manager, or designee, to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for 1) the construction and maintenance of two Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) stations; and 2) the lowering and /or relocation, and maintenance of light poles and signage in State Highway (S.H.) 44 right -of -way. Attachments: Agenda Memo - MUA Location Map - MUA with TXDOT.pdf Resolution - MUA with TXDOT.pdf Contract - MUA with TXDOT.pdf Corpus Christi Page 7 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Approval of contract for construction contract review for energy efficiency conservation project 19. 12 -00316 Motion authorizing the City Manager, or designee, to execute Amendment No. 3 for peer review services with Stridde, Callins & Associates, Inc. of Corpus Christi, Texas, in the amount of $125,000.00 for the Energy Efficient Conservation Retrofit - Major City Facilities project. Attachments: Agenda Memo - Energy Efficient Retrofit Protect Budget - Energy Efficiency Retrofit Location Map - Energy Services Peer Review.pdf Amendment - Energy Services Retrofit Corpus Christi Page 8 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Appropriation of funds and construction contract award for Planning Department's new offices 20. 12 -00314 Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. Attachments: Agenda Memo - Planning Dept Renovations (2) Protect Budget - Planning Dept Offices Location Map - Planning Dept Renovations.pdf Ordinance - Planning Department Renovations 21. 12 -00346 Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. Attachments: Agenda Memo Motion - Planning Dept Project Budget - Planning Dept Offices Location Map - Planning Dept Renovations.pdf Ordinance - Planning Dept Offices Award of construction contract for City Hall exterior lighting improvements 22. 12 -00182 Motion authorizing the City Manager, or designee, to award a Job Order Construction Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $63,697.84 for City Hall Exterior Lighting Improvements for increased illumination and efficiency. Attachments: Agenda Memo - City Hall Exterior Lighting Project Budget - CH Exterior Lighting Location Map - CH Exterior Lighting Amendment to CIP and Participation Agreement for city's portion of street construction costs for Greystone subdivision 23. 12 -00367 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD - Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. Attachments: Agenda memo - Participation Agreement Greystone Subdivision Final Ordinance - Amending CIP, Alty Enterprises, INC & CCISD - Southside MS Trac 24. 12 -00343 Motion authorizing the City Manager, or his designee, to execute a Corpus Christi Page 9 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 3, in the amount of $44,885.66 for the City's portion of the cost of Sydney Street abutting the linear park, in accordance with the Unified Development Code. Attachments: Agenda memo - Participation Agreement Greystone Subdivision Final Participation Agreement, Executed 2nd Reading Ordinance - Amending Urban Transportation Plan to modify Aquarius Street 25. 12 -00264 Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of street alignment of Aquarius Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) Attachments: Agenda Memo Exec Summary Form - ACTION ITEM for Urban Transportation E Minutes Excerpts Aquarius Street.docx Ordinance - Urban Transportation Plan Aquarius Street 2nd Reading Ordinance - Amending Urban Transportation Plan to modify Martin Street 26. 12 -00265 Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of Martin Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) Attachments: Agenda Memo Exec Summary Form - ACTION ITEM for Urban Transportation f Minutes Excerpts Martin Street.docx Ordinances Martin Street for the Urban Transportation Plan Amendment.docx 2nd Reading Ordinance - Amending Urban Transportation Plan to add Master Channel Ditch 27 to Bicycle and Pedestrian Plan Map 27. 12 -00266 Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) Attachments: Agenda Memo Exec Summary Form - ACTION ITEM for Urban Transportation f Minutes Excerpts Master Ditch 27.docx Urban Transportation Plan Master Ditch 27 Ordinance.docx Corpus Christi Page 10 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 2nd Reading Ordinance - Appropriation of revenues from customer facility fee to offset cost of Airport rental car facility 28. 12 -00355 Ordinance appropriating $629,027 in revenue from customer facility charges in the No. 4632 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with the Quick Turn Around facility for rental car operations at Corpus Christi International Airport and transferring $483,675 into the Airport CFC Debt Service Fund No. 4643; amending the FY 2011 -2012 capital budget adopted by Ordinance No. 029135 to increase appropriations by $629,027. (1st Reading - 5/29/12) Attachments: Agenda memo - CFC Appropriation.docx Ord - approp - AirportCustFacility 2nd Reading Ordinance - Appropriation of developer / community contributions for park improvements 29. 12 -00308 Ordinance appropriating $54,833.71 in developer contributions and $580.42 in interest earnings for a sum of $55,414.13 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. (1st Reading - 5/29/12) Attachments: Agenda memo - Comm Enrichment fund Exhibit 1 - Comm Enrichment funds appropriation. pdf Ordinance - CommEnrich funds appropriation.doc Corpus Christi Page 11 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 J. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 30. 12 -00293 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. K. PUBLIC HEARINGS: Change of zoning from commercial to light industrial on property located at 10010 South Padre Island Drive 31. 12 -00318 Case No. 0312 -01: Nueces Stone Quarry, LLC: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of land use from commercial to light industrial. The property to be rezoned is Flour Bluff Point, Block 6, Lots 2, 3, and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street. Planning Commission & Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse, subject to five (5) conditions. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by Nueces Stone Quarry, LLC, by changing the UDC Zoning Map in reference to Flour Bluff Point, Block 6, Lots 2, 3, and 4, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit, subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. Attachments: Agenda Memo, Nueces Stone Quarry Zoning Report w Attachmts- Nueces Stone Ordinance + Exhibit, Nueces Stone Quarry, LLC Corpus Christi Page 12 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Change of zoning from residential to residential with planned unit development overlay on property located at 4325 Cedar Pass Drive 32. 12 -00366 Case No. 0412 -01: Luxury Spec Homes Inc.: A change of zoning from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as Cedar Ridge Unit 1, Block 7, Lots 1B and 1 C, located to the southeast of Weber Road and east of Yorktown Boulevard. Planning Commission & Staff Recommendation (April 11, 2012): Approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay subject to eight (8) conditions. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by Luxury Spec Homes Inc., by changing the UDC Zoning Map in reference to Cedar Ridge Unit 1, Block 7, Lots 1B and 1 C, from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, subject to eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. Attachments: Agenda Memo - Luxury Spec Homes Inc. Zoning Report wAttchmts - Luxury Spec Homes Ordinance + Exhibits, Luxury Spec Homes Inc. Change of zoning from residential to light industrial on property located at 9149 State Highway 44 33. 12 -00345 Case No. 0412 -03: CBH Equity, LLC: A change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. The property to be rezoned is approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas. Planning Commission & Staff Recommendation (April 25, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. ORDINANCE Corpus Christi Page 13 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Ordinance amending the Unified Development Code (UDC), upon application by CBH Equity, LLC, by changing the UDC Zoning Map in reference to approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District; 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. Attachments: Agenda Memo CBH Equity LLC Zoning Report w Attchmts - CBH Equity LLC Ordinance w Exhibit A, CBH Equity LLC Proposed FY 2013 Crime Control and Prevention District Budget 34. 12 -00394 Public Hearing on proposed Crime Control and Prevention District FY2013 Budget Attachments: Agenda memo - CCD Public Hearing 06.12.2012 Power Point - Crime Control Budget adoption council L. REGULAR AGENDA The following items are motions, resolutions and ordinances that will be considered and voted on individually. EMINENT DOMAIN ITEMS 35. 12 -00351 Motion adopting a Resolution authorizing the use of the power of eminent domain to acquire certain property rights to tract of land referred to herein as Parcels 3, 3A, and 3B located in the area adjacent to State Highway 44, more specifically, for 0.87 acres fee simple; and 14.10 acres for an Avigation Easement; both being a portion of Tracts 1 and 2 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. Attachments: Agenda Memo - Parcel 33a3b Eminent Domain Location Map - Parcel 3 Parcel List Resolution - Parcel 3 36. 12 -00353 Motion adopting a Resolution authorizing the use of the power of eminent domain to acquire certain property rights to an Avigation and Hazard Corpus Christi Page 14 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Easement referred to herein as Parcel 1 located in the area adjacent to State Highway 44, more specifically, for 7.80 acres being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. Attachments: Agenda Memo - Parcel 1 FINAL Eminent Domain Location Map - Eminent Domain Avigation.pdf Parcel List - Eminent Domain Avigation.pdf Resolution - Eminent Domain Avigation.pdf Corpus Christi Page 15 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Award of construction contract for rehabilitation of wastewater lift stations 37. 12 -00329 Motion authorizing the City Manager, or designee, to execute a construction contract with J. S. Haren Company of Athens, Texas in the amount of $857,000 for the Base Bid of the Rehabilitation of Lift Stations FY 2011 Project as follows: - Everhart and Staples Lift Station - Padre Island Section 4 Lift Station Attachments: Agenda Memo - Rehab of Lift Stations Project Budget - Rehab of Lift Station Location Map - Lift Station Rehab 2011.pdf Presentation - Rehab of Lift Stations Agreement with FEMA regarding City's levee system 38. 12 -00312 Resolution authorizing the City Manager, or designee, to execute a Provisionally Accredited Levee (PAL) Agreement with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. Attachments: Agenda memo - FEMA Location Map - C. C. Flood Protection System.pdf Resolution - C. C. Flood Protection System.pdf Letter from FEMA dated March 2, 2012 - C. C. Flood Protection System.pdf PowerPoint - FEMA PAL Agreement Type A grant to provide business incentives for Motorglobe project 39. 12 -00284 Ordinance appropriating $125,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency. Attachments: Agenda memo - Motorglobe ORDINANCE - Motorglobe 40. 12 -00269 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Corpus Christi Page 16 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Christi, and the creation and retention of at least 50 full time jobs with an annual average salary of at least $50,000 over a five year period, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs. Attachments: Agenda memo - Motorglobe RESOLUTION - Motorglobe Business Incentive Agreement - Motorqlobe Business Protect Support Agreement - Motorqlobe Corpus Christi Page 17 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Type A grant to fund expansion of Del Mar College commercial drivers license training program 41. 12 -00290 Ordinance appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency. Attachments: Agenda Memo - Del Mar Transportation Training Program ORDINANCE - Del Mar Transportation Training Program 42. 12 -00291 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs. Attachments: Agenda Memo - Del Mar Transportation Training Program RESOLUTION - Del Mar Transportation Training Program Business Incentive Agreement - Del Mar Transportatin Training Program Business Protect Support Agreement - Del Mar Transportation Training Program Amendment to Financial Policies 43. 12 -00358 Resolution amending Financial Policies adopted by Resolution 029128 and providing Financial Policy direction on preparation of the Annual Budgets. Attachments: AgendaMemo.FinancialPolicy Financial Policies Resolution Redlined Financial Policies for FY 2012 -2013 CLEAN VERSION May 24 PowerPoint - FINANCIAL POLICY OVERVIEW M. FIRST READING ORDINANCES Approval of FY 2013 Annual Audit Plan Corpus Christi Page 18 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 44. 12 -00396 Ordinance to approve the Fiscal Year 2013 Annual Audit Plan. Attachments: Agenda Memo - Annual Audit Plan Ordinance - FY 2013 Annual Audit Plan PowerPoint - Annual Audit Plan Appropriation of library donations 45. 12 -00354 Ordinance authorizing the City Manager to accept and appropriate in the Library Grants Fund No. 1068 the following donations for the following purposes: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. Attachments: Agenda memo - Library appropriation Ordinance to appropriate Misc Library Grants Revenue.docx Ordinance to promote use of local businesses in procurement process 46. 12 -00386 Ordinance adding Section 26, Hire Corpus Christi First, to Part II Council Policies, of the Corpus Christi Code of Ordinances, relating to local contracting preferences; providing for penalty. Attachments: Agenda Memo - Hire Corpus Christi First Ordinance - Hire Corpus Christi First.docx N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Purchase of replacement vehicles for various City departments 47. 12 -00387 Motion approving the lease purchase of one (1) pickup truck and the purchase of eleven (11) pickup trucks and one (1) heavy duty truck in the amount of $314,850.27 of which $292,947.52 is required for FY 2011/2012. The vehicles are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0044 -12, based on low bid and the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. All thirteen (13) vehicles are replacement units to the fleet. These vehicles will be used by Parks and Recreation , Street, Gas, Water, and Storm Water Departments. Funding for the purchase of these vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund and the Operations Budgets of Park and Recreation, Street and Water Departments. Financing for the lease Corpus Christi Page 19 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 purchase of the pickup truck will be provided through the City's lease /purchase financing contractor. Champion Ford Corpus Christi, TX Items: 1, 2, 4 -7 $209,275 Caldwell Country Ford Caldwell, TX Item: 3 $21,644 Grand Total: $314,850.27 Attachments: Agenda Memo - Work Trucks V2 Bid Tab - Work Trucks.xls Service agreement for video inspection of wastewater lines Philpott Motors Nederland, TX Item 8 $83,931.27 48. 12 -00385 Motion approving a service agreement with Video Plumbing, Inc., Corpus Christi, Texas for closed circuit television pipeline inspection services in accordance with Bid Invitation No. BI- 0159 -12 based on only bid for an estimated annual expenditure of $502,933 of which $83,822.18 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twelve months with option to extend for up to two additional twelve months periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in the Wastewater Department Operational Budget in FY 2011 -2012 and have been requested for FY 2012 -2013. Attachments: COUNCIL MEMO - SERVICE AGREEMENT FOR CCTV PIPELINE INSPECTIC COUNCIL BID TABULATION - SERVICE ARGEEMENT FOR CCTV PIPELINE I SERVICE AGREEMENT -.pdf Acceptance of State grant amendment and appropriation of funds for tuberculosis prevention program 49. 12 -00304 Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. Attachments: Agenda memo - TB State grant Resolution - TB State Grant Amdmt.docx 50. 12 -00305 Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. Attachments: Agenda memo - TB State grant Ordinance - TB State Grant Amdmt.doc Corpus Christi Page 20 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Acceptance of State grant amendment and appropriation of funds to support laboratory services for public health emergencies 51. 12 -00360 Resolution authorizing the City Manager or designee to accept a grant amendment in the amount of $15,744 from the Texas Department of State HealthServices for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. Attachments: Agenda memo - Laboratory Response Network Resolution - Laboratory Response Network.pdf 52. 12 -00361 Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. Attachments: Agenda memo - Laboratory Response Network Ordinance - Laboratory Response Network.pdf Acceptance of State grant, appropriation of funds, and interlocal agreement with CCISD to support Summer Food Program 53. 12 -00375 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Attachments: Agenda Item - Summer Food Program 2012.docx Resolution- Summer Food Program 2012.doc 54. 12 -00377 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. Attachments: Agenda Item - Summer Food Program 2012.docx Ordinance - SummerFood Program 2012.doc 55. 12 -00376 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. Attachments: Agenda Item - Summer Food Program 2012.docx Resolution - CCISD Interlocal for Summer Food.doc CCISD Summer Food Service Interlocal Agmt.pdf Corpus Christi Page 21 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 Lease renewal for use of building at 821 Louisiana Parkway by CC Model Railroad Club 56. 12 -00373 Ordinance authorizing the City Manager, or designee, to execute lease agreement with the Corpus Christi Model Railroad Club for use of the building at 821 Louisiana Parkway and adjacent grounds for three years; and declaration of emergency. Attachments: Agenda Item - CC Model Railroad lease renewal.docx Ordinance - CC Model Railroad Lease.docx CC Model Railroad Club - Lease.pdf Geotechnical service agreements for groundwater monitoring of City landfills 57. 12 -00359 Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $89,500 for the J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013. Attachments: Memo - Groundwater Monitoring Location Map - Landfill Groundwater Monitoring 2012- 2013.pdf Agreement - J. C. Elliott Landfill Groundwater Monitoring 2012- 2013.pdf 58. 12 -00384 Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $108,100 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013. Attachments: Location Map - Groundwater Monitoring Agenda Memo - Groundwater Monitoring Agreement - Groundwater Monitoring - Cefe Award of contract to install and replace fencing at the Universal Little League fields located at Manuel Q. Salinas Park 59. 12 -00381 Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $124,771.46 for fencing at the Universal Little League fields. (Bond Issue 2008) Attachments: Agenda Memo - Universal Little League Project budget - Universal Little League Location Map - Universal Little League Award of professional services contract to upgrade disinfection system for wastewater treatment plant Corpus Christi Page 22 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 60. 12 -00340 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with Freese and Nichols of Corpus Christi, Texas in the amount of $249,352.00 for the Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade. Attachments: Agenda Memo - UV Disinfection System rev Protect Budget - UV Disinfection System Location Map - Whitecap WWTP Ultra Violet Disinfection System.pdf AE Contract - UV Sterilization PowerPoint - Whitecap UV Disinfection Reimbursement resolution for expenditure of funds for airport system improvements 61. 12 -00390 Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $6,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Airport System; authorizing matters incident and related thereto; and providing an effective date. Attachments: Agenda memo - Reimbursement Resolution for Airport Resolution - Reimbursement for Airport.pdf UPDATES TO CITY COUNCIL 62. 12 -00391 Mayor's Fitness Council 2012 Update Attachments: Agenda memo - Mayor's Fitness Council.docx Mayor's Fitness Council 2012 Presentation.pptx O. SPECIAL BUDGET PRESENTATION The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 63. 12 -00411 Proposed FY 2012 -2013 Operating Budget: General Fund Summary Attachments: Agenda Memo - General Fund presentation PowerPoint - General Fund P. 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 Corpus Christi Page 23 Printed on 6/8/2012 City Council Meeting Agenda - Final June 12, 2012 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. 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. Q. CITY MANAGER'S COMMENTS: Update on City Operations R. ADJOURNMENT Corpus Christi Page 24 Printed on 6/8/2012 Corpus Christi Meeting Minutes - Draft City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, May 29, 2012 12:00 PM Council Chambers A. Proclamations / Commendations Mayor Adame read the following Proclamation: Proclamation declaring June 9 -19, 2012 as "147th Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days" B. Call meeting to order. Mayor Adame called the meeting to order. Present: 9 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley AIIen,Council Member Larry Elizondo,Council Member Priscilla LeabCouncil Member David Loeb,Council Member John Marez,Council Member Nelda Martinez, and Council Member Mark Scott C. Invocation. The invocation was delivered by Pastor John Hardy, St. Mark's Episcopal Church. D. Pledge of Allegiance. The Pledge was led by Council Member Priscilla Leal. E. Roll call. City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting: Council Members Present: Mayor Joe Adame, Council Members Chris Adler, Kelley Allen, Larry Elizondo, Priscilla Leal, David Loeb, John Marez, Nelda Martinez and Mark Scott. Charter Officers Present: City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa. F. MINUTES: 1. Approval of Meeting Minutes - May 22, 2012. A motion was made by Council Member Elizondo, seconded by Council Member Leal to approve the minutes as presented and passed with the following vote: Corpus Christi Page 1 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 Aye: 9 - Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA 2. 3. Mayor Adame called for consideration of the Consent Agenda, Items 2 through 3. There were no comments and the items were approved by one vote: Type A grant for investment and expansion of a cycle business in downtown Corpus Christi Ordinance appropriating $200,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Plant Bikes LLC ( "Rugged Cycles ") for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $200,000; and declaring an emergency An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: Ord 029489 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged Cycles "), which provides a grant of up to $200,000 for building improvements to expand their current location in Corpus Christi and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Rugged Cycles Business Incentive Agreement for the creation and retention of jobs. The foregoing resolution was passed and approved with the following vote: Corpus Christi Page 2 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 Aye: 9 - Abstained: 0 MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Enactment No: Res 029490 J. EXECUTIVE SESSION: 4. 5. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken on the executive sessions. Executive session under Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving contractor performance on a city construction contract. This executive session was discussed. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving the Corpus Christi Police Department, with possible discussion and action in open session. This executive session was discussed. K. PUBLIC HEARINGS: UDC amendment to remove Historic Overlay District from building located at 828 Oak Park Drive 6. Public Hearing and Ordinance to consider amending ordinance No. 025197, by removing the "HC -I" Historical - Cultural Landmark Preservation Overlay District, currently referenced in the Unified Development Code ( "UDC ") as "H" Historic Overlay District, from Lots 10, 11, and 12, Block 9, Oak Park; 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Enactment No: Ord 029491 Corpus Christi Page 3 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 7. 8. First Reading Ordinance - Amending Urban Transportation Plan to modify alignment of Aquarius Street Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of street alignment of Aquarius Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) Bob Payne, Development Services stated that this item is to provide modification of street alignment of Aquarius Street and would extend dead -end at Dasmarinas Drive. A motion was made by Council Member Scott, seconded by Council Member Elizondo to open the public hearing. Mayor Adame asked for comments from the audience. There were no comments from the audience. A motion was made by Council Member Martinez, seconded by Council Member Elizondo to close the public hearing. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 First Reading Ordinance - Amending Urban Transportation Plan to modify Martin Street Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of Martin Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) Bob Payne, Development Services stated that this item is realigning the extension of Martin Street and, designating Dorado Street and a portion of Hacala Street to a C -1 Collector. A motion was made by by Council Member Scott, seconded by Council Member Elizondo to open the public hearing. Mayor Adame asked for comments from the audience. There were no comments from the audience. A motion was made by Council Member Scott, seconded by Council Member Martinez to close the public hearing. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 Corpus Christi Page 4 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 9. First Reading Ordinance - Amendment to the Urban Transportation Plan to add Master Channel Ditch 27 to Bicycle and Pedestrian Plan Map Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. (1st Reading - 5/29/12) Bob Payne, Development Services stated that the purpose of this item is to amend the Urban Transportation Plan Hike and Bike Trail System by designating Master Channel Ditch 27 a Hike and Bike Trail. A motion was made by Council Member Scott, seconded by Council Member Elizondo to open the public hearing. MayorAdame asked for comments from the audience. There were no comments from the audience. A motion was made by Council Member Scott, seconded by Council Member Elizondo to close the public hearing. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Abstained: 0 L. REGULAR AGENDA: (NONE) M. FIRST READING ORDINANCES: Appropriation of revenues from customer facility fee to offset cost of Airport rental car operations faciltiy 10. Ordinance appropriating $629,027 in revenue from customer facility charges in the No. 4632 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with the Quick Turn Around facility for rental car operations at Corpus Christi International Airport and transferring $483,675 into the Airport CFC Debt Service Fund No. 4643; amending the FY 2011 -2012 capital budget adopted by Ordinance No. 029135 to increase appropriations by $629,027. (1st Reading - 5/29/12) Fred Segundo, Director of Aviation stated that this item is appropriating funds collected from customer facility charges. Mayor Adame asked for comments from the audience. Abel Alonzo thanked staff for their work on this item. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 5 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 11. Aye: 9 - Abstained: 0 MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez, Council Member Martinez and Council Member Scott Appropriation of developer / community contributions for park improvements Ordinance appropriating $54,833.71 in developer contributions and $580.42 in interest earnings for a sum of $55,414.13 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. (1st Reading - 5/29/12) Mike Morris, Director of Parks & Recreation stated that this item is apporpriating funds for park improvements. MayorAdame asked for comments from the audience. There were no comments from the audience. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- MayorAdame, Council Member Adler, Council Member Allen, Council Member Elizondo, Council Member Leal, Council Member Loeb, Council Member Marez and Council Member Scott Absent: 1 - Council Member Martinez Abstained: 0 N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL MayorAdame referred to the Future Agenda section, Items 12 through 45. Mayor Adame stated that these items are for informational purposes only and that no action or public comment would be taken at this item. Staff provided a presentation on Items 14, 25, and 34 through 45. Purchase of replacement radiator for water treatment plant back -up generator 12. Motion approving the purchase of one replacement radiator for an Onan Generator from Cummins Southern Plains for a total amount of $63,483.65. The equipment is used by the City's Water Department, O.N. Stevens Water Treatment Plant on an emergency backup generator. Funds are budgeted in the Water Department operations budget in FY11/12. This Motion was recommended by staff to the Consent Agenda. Service agreement to provide contracted municipal court bailiffs for Municipal Court 13. Motion approving a three -year service agreement for contracted commissioned municipal court bailiffs with Alpha Security Solutions & Corpus Christi Page 6 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 Investigations of Corpus Christi, TX based on lowest responsible bid in accordance with Bid Invitation No. BI- 0082 -12, for a total amount of $467,625.60, of which $25,979.20 is required for the remainder of FY2011/2012. The term of the agreement is for three years with an option to extend for up to two additional one -year periods subject to the approval of the service provider and the city manager or designee. Funds are available in the Municipal Court Security Fund. This Motion was recommended by staff to Consent Agenda. Purchase of replacement radiator for water treatment plant back -up generator Service agreement to supply emergency response equipment and services in the event of a disaster 14. Motion approving a service agreement for Emergency /Disaster Response Services with Garner Environmental Services, Inc. of Deer Park, TX for a total amount of $406,667.74. The term of the agreement is four years. The award is in accordance with the General Services Administration's (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. This Motion was recommended by staff to the Consent Agenda. Purchase of group life and disability insurance for City employees 15. Motion authorizing the City Manager or designee to execute all documents necessary to purchase two years of Group Life Insurance from Standard Insurance Company of Portland, Oregon for a total amount of $69,816.03, of which no funding is required for the remainder of this fiscal year, and two years of Disability Insurance from Lincoln Financial Group of Houston, TX for a total amount of $166,195.87, of which no funding is required for the remainder of this fiscal year; based on lowest responsible proposal; and authorizing the City Manager or designee to execute all documents necessary to extend the coverage for up to two optional one -year periods, subject to approval of the service provider. This Motion was recommended by staff to the Consent Agenda. Acceptance of grant and appropriation of funds for Lindale Park Community Garden 16. Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. This Resolution was recommended by staff to the Consent Agenda. Corpus Christi Page 7 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 17. Ordinance appropriating a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden, and declaring an emergency. This Ordinance was recommended by staff to the Consent Agenda. Acceptance of grant and appropriation of funds for Elderly Nutrition Program 18. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first federal installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. This Resolution was recommended by staff to the Consent Agenda. 19. Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. This Ordinance was recommended by staff to the Consent Agenda. State grant application for funding the Bay Jammin' Concert Series 20. Resolution authorizing the City Manager or designee to submit a grant application to the State of Texas, Governor's Office, Texas Music Office, in the amount of $3,000 for the Bay Jammin' 2012 Concert series. This Resolution was recommended by staff to the Consent Agenda. Lease agreement with YMCA for use of T.C. Ayers Pool for free summer swim program 21. Ordinance authorizing the City Manager, or designee, to execute lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs; and declaration of emergency. This Ordinance was recommended by staff to the Consent Agenda. Interlocal Agreements with local school districts to provide summer program transportation services 22. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to Corpus Christi Page 8 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 provide transportation services for summer youth recreation programs. This Resolution was recommended by staff to the Consent Agenda. 23. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. This Resolution was recommended by staff to the Consent Agenda. 24. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. This Resolution was recommended by staff to the Consent Agenda. Authorization of expenditures for Chamber of Commerce Base Closure Task Force efforts 25. Resolution to authorize expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 to be used by the South Texas Military Facilities Task Force for efforts to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. This Resolution was recommended by staff to the Consent Agenda. Authorization to execute future Memorandum of Agreements with the Federal Aviation Administration 26. Resolution authorizing the execution of future Federal Aviation Administration Memoranda of Agreement for technical services associated with the Runway Safety Project at Corpus Christi International Airport to be paid from funds that will be awarded under future Federal Aviation Administration Grant Nos.49 and 50. This Resolution was recommended by staff to the Consent Agenda. Approval of agreement with TxDOT for use of right -of -way for Airport runway extension lighting system 27. Resolution authorizing the City Manager, or designee, to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for 1) the construction and maintenance of two Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) stations; and 2) the lowering and /or relocation, and maintenance of light poles and signage in State Highway (S.H.) 44 right -of -way. This Resolution was recommended by staff to the Consent Agenda. Corpus Christi Page 9 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 Approval of contract for review of construction contracts for energy efficient conservation project for major city facilities 28. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 for peer review services with Stridde, Callins & Associates, Inc. of Corpus Christi, Texas, in the amount of $125,000.00 for the Energy Efficient Conservation Retrofit - Major City Facilities project. This Motion was recommended by staff to the Consent Agenda. Appropriation of funds and award of construction contract for Planning Department's new offices 29. Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. This Ordinance was recommended by staff to the Consent Agenda. 30. Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. This Motion was recommended by staff to the Consent Agenda. Award of construction contract for City Hall exterior lighting improvements 31. Motion authorizing the City Manager, or designee, to award a Job Order Construction Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $63,697.84 for City Hall Exterior Lighting Improvements for increased illumination and efficiency. This Motion was recommended by staff to the Consent Agenda. Amendment to CIP Budget and Participation Agreement for city's portion of street construction costs in Greystone Subdivision (south of Slough Road and east of Rodd Field Road) 32. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD - Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. Corpus Christi Page 10 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 This Ordinance was recommended by staff to the Consent Agenda. 33. Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 3, in the amount of $44,885.66 for the City's portion of the cost of Sydney Street abutting the linear park, in accordance with the Unified Development Code. This Motion was recommended by staff to the Consent Agenda. FUTURE PUBLIC HEARINGS Change of zoning from commercial to light industrial on property located at 10010 South Padre Island Drive 34. Case No. 0312 -01: Nueces Stone Quarry, LLC: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of land use from commercial to light industrial. The property to be rezoned is Flour Bluff Point, Block 6, Lots 2, 3, and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street. Planning Commission & Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse, subject to five (5) conditions. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by Nueces Stone Quarry, LLC, by changing the UDC Zoning Map in reference to Flour Bluff Point, Block 6, Lots 2, 3, and 4, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit, subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. This Ordinance was recommended by staff to Public Hearings. Change of zoning from residential to residential with planned unit development overlay on property located at 4325 Cedar Pass Drive 35. Case No. 0412 -01: Luxury Spec Homes Inc.: A change of zoning from the "RS -TF" Two - Family District to the "RS- TF /PUD" Two - Family District with a Planned Unit Development Overlay, not resulting in a change of Corpus Christi Page 11 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as Cedar Ridge Unit 1, Block 7, Lots 1B and 1C, located to the southeast of Weber Road and east of Yorktown Boulevard. Planning Commission & Staff Recommendation (April 11, 2012): Approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay subject to eight (8) conditions. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by Luxury Spec Homes Inc., by changing the UDC Zoning Map in reference to Cedar Ridge Unit 1, Block 7, Lots 1B and 1C, from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, subject to eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. This Ordinance was recommended by staff to Public Hearings. Change of zoning from residential to light industrial on property located at 9149 State Highway 44 36. Case No. 0412 -03: CBH Equity, LLC: A change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. The property to be rezoned is approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas. Planning Commission & Staff Recommendation (April 25, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. ORDINANCE Ordinance amending the Unified Development Code (UDC), upon application by CBH Equity, LLC, by changing the UDC Zoning Map in reference to approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; Corpus Christi Page 12 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 providing for publication; and declaring an emergency. This Ordinance was recommended by staff to Public Hearings. EMINENT DOMAIN ITEMS 37. Motion adopting a Resolution authorizing the use of the power of eminent domain to acquire certain property rights to tract of land referred to herein as Parcels 3, 3A, and 3B located in the area adjacent to State Highway 44, more specifically, for 0.87 acres fee simple; and 14.10 acres for an Avigation Easement; both being a portion of Tracts 1 and 2 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. This Resolution was recommended by staff to the Regular Agenda. 38. Motion adopting a Resolution authorizing the use of the power of eminent domain to acquire certain property rights to an Avigation and Hazard Easement referred to herein as Parcel 1 located in the area adjacent to State Highway 44, more specifically, for 7.80 acres being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. This Resolution was recommended by staff to the Regular Agenda. Award of construction contract for rehabilitation of wastewater lift stations 39. Motion authorizing the City Manager, or designee, to execute a construction contract with J. S. Haren Company of Athens, Texas in the amount of $857,000 for the Base Bid of the Rehabilitation of Lift Stations FY 2011 Project as follows: - Everhart and Staples Lift Station - Padre Island Section 4 Lift Station This Motion was recommended by staff to the Regular Agenda. Agreement with FEMA regarding the City's levee system 40. Resolution authorizing the City Manager, or designee, to execute a Provisionally Accredited Levee (PAL) Agreement with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. This Resolution was recommended by staff to the Regular Agenda. Corpus Christi Page 13 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 Type A Grant to provide business incentives for Motorglobe project 41. Ordinance appropriating $125,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency. This Ordinance was recommended by staff to the Regular Agenda. 42. Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average salary of at least $50,000 over a five year period, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs. This Resolution was recommended by staff to the Regular Agenda. Type A grant to fund expansion of Del Mar College commercial drivers license training program 43. Ordinance appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency. This Ordinance was recommended by staff to the Regular Agenda. 44. Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to Corpus Christi Page 14 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs. This Resolution was recommended by staff to the Regular Agenda. Amendment to Financial Policies 45. Resolution amending Financial Policies adopted by Resolution 029128 and providing Financial Policy direction on preparation of the Annual Budgets. This Resolution was recommended by staff to the Regular Agenda. UPDATES TO CITY COUNCIL 46. Update on Plastic Bag Initiative MayorAdame referred to Item No. 46, Update on Plastic Bag Initiative. Mr. Oscar Martinez, Assistant City Manager made a brief presentation and discussed the following: challenges, online residential survey, litter index survey, research to increase enforcement efforts, discussion with stakeholders, education campaign, and recommendation regarding plastic bags and other initiatives. 47. 2012 Parks, Recreation, and Open Space Master Plan MayorAdame referred to Item No. 47, 2012 Parks, Recreation and Open Spaces Master Plan. Mr. Lloyd Lentz, Halff & Associates provided an update and discussed the following: Key Goals: bring greater efficiency and value to park development and maintenance, enhance the experience of visiting parks and recreation facilities for all residents, increase recreation opportunities and activities, and acquire new park land in a strategic manner for future development; Operations - Increase Efficiency: park reclassifications, redefine maintenance standards and repurposing select parks, and recreation priorities. Mr. Lentz added that the Draft Master Plan Review is planned for June, and adoption in July. O. PUBLIC COMMENT. Mayor Adame deviated from the agenda and referred to Public Comment scheduled for 4:00 pm. Abel Alonzo spoke in support of appointing a transportation disadvantaged rider to the Corpus Christi Regional Transportation Authority; Dale McQueen spoke about the FEMA issue and the plastic bag initiative; Thomas Dryer expressed his interest in being appointed to the Regional Transportation Authority; John Adams spoke about the pastic bag initiative; Leah Murray spoke about the plastic bag initiative; Adriana Leiva, spoke about the plastic bag initiative; Warren Delkinmoth, spoke in support of the plastic bag initiative; Luz Lumb spoke in support of plastic bag Corpus Christi Page 15 Printed on 6/7/2012 City Council Meeting Minutes - Draft May 29, 2012 initiative; Jean Adams spoke about the destructive nature caused by plastic bags and supports the plastic bag initiative; Theresa Finch spoke about the lack of funding for enforcement issues and supports the plastic bag initiative; and Cliff Schlabach spoke in support of the plastic bag fee and initiatives. 48. Proposed FY 2012 -2013 Operating Budget: General Overview Mayor Adame referred to Item No. 48, Update on FY 2012 -2013 Operating Budget. Mr. Olson, City Manager provided an overview including the following: the process used for budget development; guiding concepts, mission and mission elements, business process, comparison to other cities - debt service fund budgeted ad valorem tax and general funds sales tax budgeted per capita, and operating and debt service rates per $100 valuation; 5 year property tax rates, utility rate impact, total employees per fund; revenues by funds; total expenditures by fund; issues considered - zero based type budget, code enforcement, animal services, streets, municipal court, potential for partnering for Northside Area, development services, health department, citizen cash card and fire union negotiations, health insurance, and pay increases. He stated that the following budget workshops are scheduled for June: June 12th - General Fund; June 19th - Internal Service and Special Revenue; June 26h - Enterprise Funds and Debt Service Fund; and that the Public Hearing is scheduled for July 10; with the first reading on July 17th and final adoption of the budget on July 31st. P. CITY MANAGER'S COMMENTS: There were no City Manager comments. Update on City Operations Q. ADJOURNMENT There being no further business to come before the Council, Mayor Adame adjourned the council meeting at 5:40 pm on May 29, 2012. Corpus Christi Page 16 Printed on 6/7/2012 a. ANIMAL CONTROL ADVISORY COMMITTEE — Two vacancies with terms to 5 -31 -15 representing Community At Large. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City- County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex- officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City- County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS Barbara E. Beynon (Animal Welfare) *****William R. Schroeder (Comm. at Large), Chair *Dr. Nina M. Sisley (Comm. at Large) Harold Bennett (Comm. at Large) Heather Tarnoski (Comm. at Large) Dr. Barbara Whitlock (Veterinarian) Samantha Person (Animal Welfare /Shelter) City Manager or Representative Annette Rodriguez, Dir. of Public Health Jesse Carrion, Interim Director Animal Control Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERMS 5 -31 -14 5 -31 -12 5 -31 -12 5 -31 -13 5 -31 -13 5 -31 -13 5 -31 -14 Ex- Officio, Ex- Officio, Ex- Officio, ORIGINAL APPTD. DATES 9 -09 -08 5 -09 -06 7 -19 -11 2 -14 -12 8 -17 -10 8 -17 -10 9 -09 -08 Nonvoting Nonvoting Nonvoting (The Animal Control Advisory Committee is recommending the reappointment of Dr. Nina M Sisley and the new appointment of Cheryl Martinez for Community At Large.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Dr. Nina M. Sisley (At Large) 9 8 % OF ATTENDANCE LAST TERM YEAR 89% OTHER INDIVIDUALS EXPRESSING INTEREST: Jonathan M. Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (5/4/11) Stephanie Cloutet William M. Kramer, Jr. Cheryl Martinez Anthony John Mulheron Michael Rivera Public Relations/Fundraising Executive, KEDT Public Broadcasting. Received BBA in Business Management at Baylor University. Activities include: Young Business Professionals. (At Large) (7/26/11) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Owner, The Pet Nanny. Activities include: People Assisting Animal Control (PAAC), Texas Humane Legislative Network. (5/16/12) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior Project. (5/02/11) Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently endorses and volunteers for Pulmonary Hypertension Association. (12/06/11) b. FOOD SERVICE ADVISORY COMMITTEE — Two vacancies with terms to 6- 24 -15, each representing the Food Industry. DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.19 -84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a full three -year term. MEMBERS Carlos R. Moreno (Food Industry) *Lisa Pollakis (Food Industry), Chair *Jack Baker (Food Industry) Manuel Ortega (Community at Large) Robert Boyle (Community at Large) Gabriel G. Hernandez (Food Industry) Anthony Hernandez (Community at Large) Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation TERM 6 -24 -14 6 -24 -12 6 -24 -12 6 -24 -14 6 -24 -14 6 -24 -13 6 -24 -13 ORIGINAL APPTD. DATE 3 -08 -11 6 -30 -09 6 -30 -09 11 -08 -11 12 -7 -10 6 -19 -07 4 -13 -10 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Lisa Pollakis (Food Industry) 4 Jack Baker (Food Industry) 4 NO. PRESENT 3(1 exc) 3(1 exc.) OTHER INDIVIDUALS EXPRESSING INTEREST: Sylvia R. Cantu % OF ATTENDANCE LAST TERM YEAR 75% 75% Self Employed, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (Food Industry) (4/29/11) Jesse Olivares Bob Watson Co- Owner, Treehouse Woodesigns and Owner /Caterer of Big O's Catering. Activities include: Corpus Christi Hispanic Chamber of Commerce, Junior Achievement, and Avance, Inc. (Will resign from Airport Board if appointed) (Food Industry) (1/21/11) Former District Manager, Pizza Hut. Over 30 years combined experience in Restaurant Management. Received BA in Business Management from Texas A &M University- Corpus Christi. Received AA from Del Mar College. Awards include: Pizza Hut National Quality, Service and Cleanliness Best Unit Award. (Food Industry) (05/01/12) c. LANDMARK COMMISSION — One vacancy representing the category of Civil or Structural Engineer with term to 11- 20 -14. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and /or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. MEMBERS Sean Thorson (Title Search) Laura Commons (Real Estate) Dr. Mark Robbins (Historian), Vice -Chair Karen Howden (Historian) Anthony Gavlik (Regular Member) Margareta Fratila (Regular Member) John M. Olson (Architect) Christina Crouse (History Teacher) Kim Charba (Regular Member) Dr. James E. Klein (History Teacher), Chair ***Eric Villarreal (Engineer) Leo Rios (Real Estate) Armando Mendez (Regular Member) Marie Guajardo (Regular Member) Herb Morrison (Architect), Co -Chair Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned (to serve on another board) TERM 11 -20 -12 11 -20 -12 11 -20 -12 11 -20 -14 11 -20 -13 11 -20 -13 11 -20 -13 11 -20 -14 11 -20 -13 11 -20 -14 11 -20 -14 11 -20 -14 11 -20 -13 11 -20 -14 11 -20 -12 ORIGINAL APPTD. DATE 4 -10 -12 12 -15 -09 12 -15 -09 11 -09 -10 11 -09 -10 2 -14 -12 11 -09 -10 10 -20 -11 7 -07 -09 11 -11 -08 2 -14 -12 2 -19 -08 2 -14 -12 3 -11 -08 3-02-04 ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Dennis L. Miller, P.E., CFM Senior Project Manager, LNV, Inc. Received a BS in Civil Engineering from the University of Texas at Austin. Took courses towards MBA at Sam Houston State University. Holds a P.E. license in Texas, California and Arizona and is a National Accredited Certified Floodplain Manager. Activities include: American Society of Civil Engineers (ASCE), Texas Floodplain Management Assn. (TFMA). (Civil Engineer) (5/5/12) d. PIPELINE REVIEW PANEL — One vacancy with term to 5 -8 -14, which shall have technical expertise in the construction, maintenance or operation of pipelines. DUTIES: The panel will hold hearings to review and seek resolutions to any substantive, non - resolvable technical issues between the City and Operator /Owner concerning the construction and operation of a new pipeline or any change in service of an existing pipeline not previously addressed. COMPOSITION: The City Council shall appoint five (5) members to the pipeline review panel, four (4) of whom shall have technical expertise in the construction, maintenance, or operation of pipelines, at lease one (1) of which shall have emergency management experience, and the additional person shall be a Community Representative. ORIGINAL MEMBERS TERM APPTD. DATE Mukesh R. Pratap 5 -08 -14 5 -08 -12 Philip E. Woods 5 -08 -14 5 -08 -12 Vacant 5 -08 -14 Daniel Garcia (Emerg. Mngmt. Exp.) 5 -08 -14 5 -08 -12 Kelly L. White (Community Rep.) 5 -08 -14 5 -08 -12 INDIVIDUALS EXPRESSING INTEREST: Rob Leon Steven J. Schmidt Operator, Flint Hills Resources. Received a BA in Criminal Justice from the University of Texas -San Antonio. Has technical experience in pipeline construction, maintenance and operation. Activities include: Delta Sigma Phi Fraternity, Big Brothers and Big Sisters. (Pipeline experience) (5/21/12) Senior Manager, NuStar Energy. Works as Sr. Manager of the pipeline and storage company at NuStar Engergy. Worked for Valero Refining as Manager of pipelines. Worked for the Texas Railroad Commission as Engineer in the Pipeline Safety Division. (Pipeline experience) (2/20/12) e. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE — Three vacancies with terms to 6 -16 -14 representing the following categories: 1- SCP Volunteer, 1 — SCP Volunteer Workstation Rep., and 1 — At Large. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ( "SCP ") including but not limited to recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 — SCP Volunteer (active volunteer for one - year /serve minimum fifteen (15) hours per week), 1 — SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 — At Large. In the initial appointment, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE *Shirley Tipton (SCP Volunteer) 6 -16 -12 6 -16 -09 *Maria (Isabel) Odeh (SCP Vol. Station) 6 -16 -12 6 -16 -09 Martha Wild (At Large) 6 -16 -13 8 -23 -11 *Monica Rodriguez (At Large), Chair 6 -16 -12 2 -09 -10 Apolonia P. Cantu (At Large) 6 -16 -13 6 -16 -09 Marie Partington (At Large) 6 -16 -13 6 -16 -09 Shirley A. Selz (At Large) 6 -16 -13 11 -9 -10 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The SCP Committee is recommending the reappointments of Shirley Tipton as SCP Volunteer, Isabel Odeh as SCP Vol. Workstation Rep. and Monica Rodriguez as At Large.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Shirley Tipton (Volunteer) Isabel Odeh (Vol. Wkstation) Monica Rodriguez (At Lg.) NO. OF MTGS. THIS TERM 7 7 7 NO. PRESENT 7 7 6 OTHER INDIVIDUALS EXPRESSING INTEREST: % OF ATTENDANCE LAST TERM YEAR 1 00% 100% 86% Jonathan Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (At Large) (5/4/11) Stephanie Cloutet Stephen Isenhour Mary Helen Salazar Public Relations/Fundraising Executive, KEDT Public Broadcasting. Received BBA in Business Management at Baylor University. Activities include: Young Business Professionals. (At Large) (7/26/11) Volunteer & Bereavement Coordinator (Hospice), Legacy Home Health Agency. Received a BA in Music. Activities include: Corpus Christi Christian Center, Christian Musicians Fellowship, former member Business Networking International (BNI), and active in health fairs and other medical community events. (SCP Vol. Workstation) (At Large) (1/23/12) Counselor, Carriage Services, Inc. Activities include: Hispanic Chamber of Commerce and Food Bank. (At Large) (2/8/11) f SISTER CITY COMMITTEE — Six vacancies with terms to 9 -12, 9 -13 and 9 -14. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each vice - chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his /her absence. ORIGINAL MEMBERS TERM APPTD. DATE John Rocha, Chair 9 -14 9 -23 -08 ** *Brenda "Brandi" Williams 9 -12 9 -11 -07 Andi Baker 9 -12 6 -28 -11 Maria Mendez 9 -13 1 -11 -11 Donald Russell 9 -13 10 -13 -09 ** *Meredith N. Grant 9 -13 2 -22 -11 * ** *Jeremy Coleman 9 -14 1 -11 -11 ** *Yvette Lara 9 -14 6 -28 -11 Susane "Westi" Horn 9 -14 11 -15 -11 Samantha Chase 9 -13 6 -28 -11 Elizabeth Garza 9 -13 5 -26 -09 ****Franklin L. Harper 9 -13 6 -28 -11 Dr. Judith Prewitt 9 -14 1 -11 -11 Heather Moretzsohn 9 -13 1 -11 -11 Tim Dowling 9 -13 7 -10 -07 John R. Seaman 9 -13 1 -11 -11 Kelly Kimball 9 -14 11 -15 -11 Mohamad Omar 9 -12 6 -28 -11 ** *Woodrow Mac Sanders 9 -12 1 -11 -11 Christine Kallas 9 -12 5 -11 -10 Alan Thornburg 9 -12 10 -13 -09 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Stephanie Cloutet Vincent E. Doyle Issac Gonzales Hailey Jordan Kimball Rob Leon Monica Montalvo Anthony John Mulheron John Henry Porter Public Relations/Fundraising Executive, KEDT Public Broadcasting. Received BBA in Business Management at Baylor University. Activities include: Young Business Professionals. (7/26/11) Retired from CCAD, Technical Engineer, Pipe and Maintenance Department. Received Associate Degree from Camden County School, Gloucester, New Jersey. (4/12/11) Customer Service Representative, Signature Flight Support. Current College student majoring in Registered Nursing. Activities include: Special Olympics, Corpus Christi State School volunteer, former Mary Rhodes Memorial Committee. (11/18/11) Student at Del Mar College. Former Sister City Ambassador to Japan. Activities include: International Thespian Honor Society, and Hispanic Honor Society Los Emperadore. (4/18/12) Operator, Flint Hills Resources. Received a BA in Criminal Justice from the University of Texas -San Antonio. Has technical experience in pipeline construction, maintenance and operation. Activities include: Delta Sigma Phi Fraternity, Big Brothers and Big Sisters. (5/21/12) Insurance Agent /Owner, Farmers Insurance. Graduated from Baylor University with Double Major in Psychology and Sociology. Activities include: March of Dimes. (6/16/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/2/11) Activationist, The Results Companies. Received a BA in English from the University of Texas at San Antonio. Received a Texas Educators Certificate in Secondary English. Attended 1 1/2 years at South Texas College of Law, Houston. Recently studied Geographic Information Systems at Del Mar College. Former ESL Teacher, and English teacher in foreign schools in Korea and Taiwan. Activities include: GED Instructor, AmeriCorps Volunteer, Houston READ. (5/29/12) Patrick E. Stark Assistant Principal, Richard King High School. Activities include: Current participant pending graduation from Leadership Corpus Christi, Class XL (40), and member of First Christian Church Chorale Choir. (5/14/12) g. WATERSHORE AND BEACH ADVISORY COMMITTEE — One vacancy with term to 12 -11 -13 representing the category of Environmentalist. DUTIES: To advise and make recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2 -264. COMPOSITION: Nine (9) members appointed by the City Council for two -year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two -year term, in the succeeding term, 5 members will serve a two -year term, and 4 members will serve a one -year term, as determined by drawing. Thereafter, all terms will be two - years. ORIGINAL MEMBERS TERM APPTD. DATE Jennifer Pollack (Scientist) 12 -11 -12 07 -19 -11 Cameron Perry (Engineer) 12 -11 -13 12 -14 -10 ** *Jake Herring (Environmentalist), Chair 12 -11 -13 12 -11 -07 John Powell (Hotel /Condo Owner) 12 -11 -12 01 -12 -10 Corbett "Butch" Pool (CVB) 12 -11 -13 12 -14 -10 Neil McQueen 12 -11 -13 12 -11 -07 Jay Gardner 12 -11 -13 03 -29 -11 JoAnn Gilbertson 12 -11 -12 12 -11 -07 Cody Bates 12 -11 -12 12 -14 -10 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Watershore and Beach Advisory Committee is recommending the new appointment of Diana Del Angel to fill the unexpired term of the category Environmentalist.) INDIVIDUALS EXPRESSING INTEREST: Diana C. Del Angel Coastal Geoscientist/Graduate Research Assistant, Harte Research Institute — Texas A &M University - Corpus Christi. Received AA in Arts and BS in Environmental Science from University of Texas at Brownsville. Received MS in Environmental Science from Texas A &M University- Corpus Christi; MS Thesis: "Dune -Beach Morphodynamic Interaction Along a Semi -Arid, Wave - Dominated Barrier Island: South Padre Island, Texas ". Assisted in the Bahia Grande Wetland Restoration Project in Brownsville. Activities include: Geological Society of America, American Shore and Beach Preservation Association, Toastmasters International, and American Geophysical Union. (Environmentalist) (4/24/12) AGENDA MEMORANDUM For the City Council Meeting of June 12, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Mike Barrera, Assistant Director of Financial Services Mikeb@cctexas.com 361- 826 -3169 Replacement radiator for back -up generator. CAPTION: Motion approving the purchase of one replacement radiator for an Onan Generator from Cummins Southern Plains, San Antonio, Texas for a total amount of $63,483.65. The equipment is used by the City's Water Department, O.N. Stevens Water Treatment Plant on an emergency backup generator. Funds are budgeted in the Water Department operations budget in FY11/12. BACKGROUND AND FINDINGS: The generator is one of three used by the O.N. Stevens Water Treatment Plant to provide back -up power to the plant in the event of power outage due to a storm, lightening strike or other disaster. Pricing includes labor to remove the existing radiator, delivery and installation of the new radiator, start up and testing. ALTERNATIVES: None OTHER CONSIDERATIONS: The manufacturer has indicated that radiator cores are made to order parts only. Lead time is a minimum of 30 to 60 days from receipt of purchase order. Hurricane season begins June 1, 2012. Therefore it is critical to order this equipment in a timely manner. CONFORMITY TO CITY POLICY: This procurement is exempt from the competitive bidding statutes as a sole source for captive replacement parts. Cummins Southern Plains is the sole source distributor for this replacement radiator. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: x Operating Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $659,843.00 $659,843.00 Encumbered / Expended Amount $462,876.88 $462,876.88 This item $63,483.65 $63,483.65 BALANCE $133,482.47 $133,482.47 Fund(s): Water Fund Comments: None RECOMMENDATION: City Staff recommends approval of the motion as presented LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - TOM RICHEY COUNCIL DATE: June 12, 2012 ITEM DESCRIPTION Price Sheet Emergency Generator Radiator Replacement QTY. 1. Replacement Radiator for Onan Generator Removal of existing unit, delivery and installation of new radiator, start up and testing. TOTAL: Cummins Southern Plains San Antonio, Tax. Unit UNIT Price each $63,483.65 Extended Price $63,483.65 $63,483.65 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Contracted Commissioned Municipal Court Bailiffs CAPTION: Recommendation: Motion approving a three -year service agreement for contracted commissioned municipal court bailiffs with Alpha Security Solutions & Investigations of Corpus Christi, TX based on lowest responsible bid in accordance with Bid Invitation No. BI- 0082 -12, for a total amount of $467,625.60, of which $25,979.20 is required for the remainder of FY2011/2012. The term of the agreement is for three years with an option to extend for up to two additional one -year periods subject to the approval of the service provider and the city manager or designee. Funds are available in the Municipal Court Security Fund. BACKGROUND AND FINDINGS: The City's Municipal Court System currently utilizes four City Marshals and one contracted security guard to meet its needs for bailiffs in three courtrooms and for building security, respectively. Six bailiffs are necessary for the courts to operate optimally. Currently, the combination of four City Marshals and the one contracted security guard, at an annual cost of $235,991, man metal detectors leading into courtrooms and maintain order inside and outside courtrooms. The contracted bailiffs recommended herein are commissioned to carry a firearm by the Private Security Bureau of the Texas Department of Public Safety. At the time the City Marshal's service was created, bailiff duties were performed by contracted security officers. Over the years, City Marshals have been assigned to bailiff duties with increasing frequency. One of the primary purposes of creating the City Marshal's service was to serve warrants. Approval of this contract will not only enable Municipal Court to replace the existing security guard with one of the aforementioned contracted bailiffs, but will also enable City Marshals to return to actively serving warrants, resulting in an increase in the timely administration of justice and resolution of fine - related cases. ALTERNATIVES: Municipal Court can continue to use City Marshals. Doing so, however, is not optimal for court administration nor does it allow for the timely service of warrants. OTHER CONSIDERATIONS: Monies for this contract are available from the funds recently appropriated by City Council into the Municipal Court's Security Fund, which is specifically designated for this purpose. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Municipal Court FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $170,702.00 $441,646.40 $612,348.40 Encumbered / Expended Amount $0 0 $0 This item $25,979.20 $441,646.40 $467,625.60 BALANCE $144,722.80 0 $144,722.80 Fund(s): Municipal Court Security Fund Comments: Approximately $156,000 is required to support this contract annually. Although $170,702 has been appropriated to support this contract in FY 2012, the estimated annual revenue generated from the Municipal Court Security Fund is $98,000. Any shortage of revenue collected to support this contract in FY 2013, 2014 and 2015 will be supported by the Municipal Court operations budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Approvals: Veronica Ocanas, Assistant City Attorney R. Jay Reining, Interim Director, Municipal Court Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION COUNCIL DATE: 06/12/12 ITEM DESCRIPTION BID TABULATION CONTRACTED COMMISSIONED MUNICIPAL COURT BAILIFFS QTY. UNIT ALPHA SECURITY SOLUTIONS & INVESTIGATIONS Corpus Christi, TX EDDIE GARZA SECURITY & INVESTIGATIONS Corpus Christi, TX Unit Price Extended Price Unit Price Extended Price 1. Contracted Municipal Court Baliffs Three -Year Award Total 37,440 Hour $12.49 $467,625.60 $467,625.60 $13.00 Eddie Garza Security & Investigations did not return the Minimum Requirements Form nor the completed and signed Service Agreement as required and is, therefore, deemed non-responsive. $486,720.00 $486,720.00 CONTRACTED COMMISSIONED MUNICIPAL COURT BALIFF SERVICE AGREEMENT Service Agreement No. THIS Contracted Commissioned Municipal Court Baliff Service Agreement (this "Agreement ") is entered into by and between Alpha Security Solutions & Investigations (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Contracted Commissioned Municipal Court Baliff Service in response to Bid Invitation No. BI- 0082 -12 (which includes Specification 1247, dated 12/02/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Contracted Commissioned Municipal Court Baliff Service in accordance with Bid Invitation No. BI- 0082 -12 (which includes Specification 1247, dated 12/02/11). 2. Term. This Agreement is for three years commencing on and continuing through . The term includes an option to extend for up to two additional one -year periods subject to the approval of the Contractor and the 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 the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Municipal Court. 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 the Contractor be considered an employee of the City. 5. Insurance. Before activities . can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Director of Municipal Court will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the 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 (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0082 -12 (which includes Specification 1247, dated 12/02/11), or the Contractor's bid offer to Bid Invitation No. BI- 0082 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in 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 forum and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Director of Municipal Court. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0082 -12 (which includes Specification 1247, dated 12/02/11). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' advance written notice to the Contractor; Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. However, the City may terminate this Agreement on twenty -four (24) hours' advance written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The 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. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Municipal Court P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Alpha Security Solutions &Investigations Contact David Torres Address: 433 South Tancahua City, State, Corpus Christi,Tx 78401 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") 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 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 WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED 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. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this /1 day of UM-y 20 1 Z . CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services APPROVED THIS 9DAY OF CA r it VA DEZ, CIT �l BY: .444400 ORNE Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No. BI- 0082 -12 Exhibit B: Bidder's Bid Contractor David Torres Title: Date , 20 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Emergency /Disaster Response Services CAPTION: Recommendation: Motion approving a service agreement for Emergency /Disaster Response Services with Garner Environmental Services, Inc. of Deer Park, TX for a total amount of $406,667.74. The term of the agreement is four years. The award is in accordance with the General Services Administration's (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. BACKGROUND AND FINDINGS: This is a pre - positioned contract that will be utilized only in the event of an emergency or disaster. It will provide the City with a readily available supply of emergency response equipment and services. Included in the contract are generators, cabling, pumps & hoses, restroom and shower units, fuel tanks, fuel, comfort stations and a variety of other emergency - related equipment and services. ALTERNATIVES: In the event of an emergency or disaster, the City may secure the required equipment and services on an as- needed basis. However, due to the exigent nature of an emergency /disaster, doing so may result in higher prices, sourcing difficulties and the inability to secure insurance and indemnification protections available under the terms of the service agreement recommended herein. OTHER CONSIDERATIONS: Expenditure of funds under this contract will occur only in the event of its activation in response to an emergency or disaster. The City is required to initially fund expenditures under this service agreement, which will be followed by reimbursement of qualifying expenditures by the Federal Emergency Management Agency (FEMA). The $406,667.74 total award amount is the minimum dollar amount expected to be expended through the recommended contract on a per- emergency basis. Therefore, should more than one emergency /disaster occur during the four -year term of the service agreement, each emergency /disaster is expected to result in this minimum expense. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 0 $0 This item $0 $0 $0 BALANCE $0 $0 $0 Fund(s): Various Comments: Expenditure of funds under this contract will occur only in the event of its activation in response to an emergency or disaster. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Approvals: Veronica Ocanas, Assistant City Attorney Robert Rocha, Fire Chief Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PRICE SHEET BI- 0141 -12 PURCHASING DIVISION Emergency /Disaster Response Services BID ITEM DESCRIPTION QTY Garner Environmental Services, Inc. Deer Park, Texas UNIT TOTAL PRICE PRICE Generators 1 Generator - 500 KW 2 Generator - 250 KW 3 Generator - 150 KW 4 Generator - 100 KW 5 Generator - 75 KW 6 Generator - 60 KW 7 Generator - 50 KW 8 Generator - 40 KW 9 Generator - 30 KW 10 Generator - 25 KW Cable 11 Generator Cable - price per foot Pumps & Hose 12 4" Diesel Pump 13 6" Diesel Pump 14 4" Suction /Discharge Hose 50' Section 15 6" Suction /Discharge Hose 50' Section 16 4 Inch Submersible Hydraulic Pump 17 6 Inch Submersible Hydraulic Pump 18 300 GPM Pump 19 500 GPM Pump 20 1000 GPM Pump Miscellaneous Equipment & Services 21 25 Standard Restrooms (250 Person) 22 Seven - Station Sinks 23 250 - Person Showers 24 2000 Gallon Fuel Tank 25 250 CFM - 100 PSI Air Compressor 26 6000 Ib. Extended Reach Forklift 27 8000 Ib. Extended Reach Forklift 28 25 Comfort Stations - 500 Person Each 29 4000 Watt Light Tower Fuel 30 Fuel Transports with Operators 5 6 6 5 3 2 14 3 1 42 2,500 1 1 1 1 1 1 5 5 5 1 2 1 3 5 1 1 1 2 1 Grand Total $5,183.88 3,332.49 2,221.66 1,851.39 1,851.39 1,530.48 1,481.11 1,481.11 1,031.84 1,049.12 2.47 740.55 1,283.63 83.93 113.55 987.41 1,333.00 710.93 710.93 1,481.11 20,605.91 7,559.82 94,494.71 $1,598.36 580.10 2,681.79 2,902.97 37, 768.26 469.02 51, 838.79 $25,919.40 19, 994.94 13, 329.96 9,256.95 5,554.17 3,060.96 20, 735.54 4,443.33 1,031.84 44, 063.04 6,175.00 740.55 1,283.63 83.93 113.55 987.41 1,333.00 3,554.65 3,554.65 7,405.55 20,605.91 15,119.64 94,494.71 $4,795.08 2,900.50 2,681.79 2,902.97 37, 768.26 938.04 51, 838.79 $406,667.74 SERVICE AGREEMENT No. THIS SERVICE AGREEMENT (this "Agreement ") is entered into by and between Garner Environmental Services, Inc. (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. WHEREAS Contractor has proposed to provide EMERGENCY/DISASTER RESPONSE SERVICES in compliance with General Services Administration (GSA) Contract Number GS -07F- 0403X and the terms and conditions of this SERVICE AGREEMENT, including the insurance requirements incorporated by reference and attached hereto as Exhibit A; and WHEREAS the City has determined Contractor to be a GSA Contractor; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide EMERGENCY/DISASTER RESPONSE SERVICES in compliance with GSA Contract Number GS- 07F -0403X and the terms and conditions of this SERVICE AGREEMENT, including the insurance requirements incorporated by reference and attached hereto as Exhibit A; and 2. Pricing for Services. The City agrees to pay the Contractor in compliance with the pricing established in GSA Contract Number GS -07F- 0403X, incorporated herein as Exhibit B. The Contractor may adjust pricing pursuant to the GSA Contract Number GS -07F- 0403X, incorporated herein as Exhibit B. 3. Term. This Agreement commences on the date signed by the last signatory hereto and shall continue through March 31, 2016. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Fire Chief. 5. 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 an employee of the City. 6. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) 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 written notice of cancellation, material change in the coverages, or intent not to renew any of the policies in accordance with policy provisions. The City must be named as an Additional Insured. The City Attorney must be allowed to inspect all insurance policies within fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein as Exhibit A. 7. Assignment. No assignment of this Agreement or any right or interest therein by Contractor 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. 8. 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 that budget. The City does not represent that the budget item for this agreement will be actually adopted, since that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified herein. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor at least 5 work -days' advance written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon twenty (20) days' advance written notice to Contractor. However, City may terminate this Agreement on 24- hours' advance written notice to Contractor for failure to pay or provide proof of payment of taxes as set out in Section 14 of this Agreement. 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 thirty (30) days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to terminate this Agreement after providing 24 hours' advance written notice to Contractor. 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy that substantially conforms to the City's policy. 17. Notice. Notice may be given by fax, hand- delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit in the U.S. Mail, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Fire Chief P. O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Name: Garner Environmental Services, Inc. Contact Person: Neal Overstreet / Chris Walker Address: 1717 W. 13th Street City, State, Zip: Deer Park TX 77536 18. Month -to -Month Extension. If the City has not awarded a new EMERGENCY/DISASTER RESPONSE SERVICES contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its then- current fee under the term of this Agreement, on a month -to -month basis for up to .six months. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 19. Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) 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 OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, WHEN THE INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE NEGLIGENCE, WILLFUL ACT OR OMISSION OF CONTRACTOR. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. 20. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. SIGNED this l) day of Q (JY 1 ) , 2012. Contractor: Signature Name: Neal Overstreet Title: Executive Vice President ntal Services, Inc. SIGNED this day of , 2012. CITY OF CORPUS CHRISTI Michael Barrera Assistant Director of Financial Services APPROVED THIS DAY OF , 2012. CARLOS VALDEZ, CI Y ATTO B RNE By: Veronica Ocanas, Assistant City Attorney Incorporated by Reference: Exhibit A: Insurance Requirements Exhibit B: GSA Contract Number GS- 07F -0403X EXHIBIT A INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance and applicable policy endorsement(s), showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- renewal, material change or termination and a 10 -day written notice of cancellation for non- payment is required on all certificates, subject to actual policy provisions Bodily Injury and Property Damage COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises – Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $1,000,000 Per Occurrence AUTOMOBILE LIABILITY — OWNED, NON- OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS'COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. If workers' compensation coverage is not written in accordance with Texas law, "All Other States" endorsement must be indicated on the certificate of insurance. B. Contractor's financial integrity is of interest to the City, therefore, subject to Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this agreement and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. C. The City shall be entitled, upon request and without expense, to inspect copies of the policies and receive copies of declarations page and all endorsements thereto as they apply to the limits required by the City All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax No.: (361) 826 -4555 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy to the extent of the obligations assumed by Contractor in connection with Contractor's operations; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City to the extent of the obligations assumed by Contractor in connection with Contractor's operations; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium, subject to actual policy provisions. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement to the extent of the obligations assumed by Contractor in connection with Contractor's operations. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT B Garner Environmental Services Inc. 1717 West 13th Street Deer Park, TX 77536 Phone: 281 - 930 -1200/ Fax: 281 - 478 -0296 E -mail: Noverstreet@garner- es.com Internet: http: //www.gamer- es.com Business Size: Large Business Federal Supply Schedule 084 Law Enforcement, Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft and Emergency /Disaster Response FSC Class: R414 Authorized Pricelist GS- 07F -0403X GSA A dvantaaeJ This khaki, CoJw aP»Mistis.Qfaivt4pIi11, 2011. GARNER . a.rnp..vy Moven= Comps= GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST General Description Gamer Environmental Services, Inc. (Gamer Environmental) established in 1981, is a full- service environmental company offering emergency response for oil spills and hazardous materials, soil mediation, vacuum truck services, roll-off equipment rental and transportation, as well as disaster response for natural and man -made disasters. Other services offered are training, industrial hygiene consultation, cleaning services for ail and chemical storage tanks, retention ponds, pipelines, stoma drains and sewers lines, vessels drilling rigs, piers, wharves, docks, and other harbor facilities. In addition to the services mentioned above, Garner Environmental also offers chandler services and product supplies for production and drilling platforms, offshore and inshore vessels and the petrochemical industry. Garner Environmental brings over 500 cumulative years of experience and expertise to the oil and chemical industry in these specialized fields of endeavor. Gamer Environmental is a certified Oil Spill Response Organization (OSRO), by the United States Coast Guard and as a Discharge Cleanup Organization (DCO) by the Texas General Land Office as related to the Oil Pollution Act of 1990. Contract Number: GS- 07F -0403X Period Covered by Contract: Apri11, 2011 — March 31, 2016 For Mara llamadon on ordeingfrom Fedora dcgasitioe Schedules, dirk on :hi P55 ScPmdNIs button ate: /hxw At ac goo. General Services Administration Federal Acquisition Service Online access to contract ordering information, teams and conditions, up-to -date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu - driving s database system. Agencies can access GSA Advantage! via the Internet at http://www.GSAAdvantairesov CONTENTS 1 CusroM INFORMATION 2 2 SCHEDULE PRIG LIST 6 Comma No. GS- 67F -0403x i April 1. 2011 CR'N1��R � . *mono ihsparou Company on 1 CUSTOMER VNFORMATION 1. SPECIAL ITEM NUMBERS (SINS): a. Table of awarded SINs SIN 426-4F Emergency Preparedness and First Responder Equipment, Training and Services (Includes but not limited to Continuance of Operations Planning ( COOP) services, decontamination kits and showers, mass casnahy containment traders, survival/disaster and rapid deployment kits, hazardous material detection equipment and clothing, and urgency response training. b. Lowest priced model number and price for each SIN. SIN Model Price SIN 426-4F ORBITRAX Per Messaging $0.25 c. Hourly rates: $5.92 2. MAXIMUM ORDER GUIDELINE The maximum order threshold is $ 200,000 for SIN 426 -4F. The maximum order is a dollar amount at which it is suggested that the ordering agency request higher discounts from the contractor before issuing the order. The contractor may 1) Offer a new lower price 2) Offer the lowest price available under the contract 3) Decline the order within five (5) days. In accordance with the Maximum Order provisions contained in the Schedule, a delivery order may be placed against the Schedule contract even though it exceeds the maximum order. 3. MINIMUM ORDER None 4. GEOGRAPHIC COVERAGE: The 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington DC, and U.S. tenitonies 5. POINT(S) OF PRODUCTION: None: (Professional Training and Equipment rentals m y) 6. Prices shown are NET Prices; Basic Discounts have been deducted. Contract No. G5.07F -0403X 2 April 1. 2011 *714* astaro n.y lhapoaa. Csonpamy 7. DISCOUNTS: a. Quantity — None b. Dollar Volume — None 8. PROMPT PAYMENT TERMS: Net 30 days. 9. GOVERNMENT PURCHASE CARDS: a Contractors are required to accept credit cards for payments equal to or less than the micro- purchase threshold for oral or written delivery orders. b. Credit cards are acceptable for payment at or above the micro-purchase threshold. In addition, bank account information for wire transfer payments will be shown on the invoice. 10. FOREIGN ITEMS: Not applicable. 11. DELIVERY SCHEDULE: a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days alter receipt of order (ARO), as set forth below: SPECIAL ITEM NUMBERS DEUVEttYTIME AYSARO) SIN 426-4F 10 days ARO b. EXPEDITED DELIVERY: As negotiated between Garner and Ordering Activity. c. OVERNIGHT and TWO -DAY DELIVERY: As negotiated between Garner and Ordering Activity. d. URGENT REQUIREMENTS: As negotiated between Gamer and Ordering Activity. 12. FOB: Origin (Shipping/ Transportation cost for equipment only) *Travel costs will be in compliance with the Federal Travel Regulation (Mt) or the Joint Travel Regulation (JTR) 13. ORDERING INFORMATION: a. Agencies should address all orders to the following address: Garner Environmental Services, Inc. 1717 West 13th Street Deer Park, TX 77536 Neal Overstreet, Executive Vice President 1193=032288IIMILSVM Contact No. GS-071?-04438 3 Aril 1, 2011 IL TA* twore my dip -as. Compiray b. For supplies and services, the order procedures, information on Blanket Purchase Agreements (EPA's) are found in Federal Acquisition Regulation (FAR) 8.405 -3. 14. PAYMENT INFORMATION: a Agencies should address all payments to the following address: Garner Environmental Services, Inc. 1717 West 13th Street Deer Park, TX 77536 15. WARRANTY PROVISION: None (Services only) Restocking Fee/Cancellation Policy None (Services only) 16. EXPORT PACKING CHARGES: Not applicable. 17. TERMS AND CONDTTIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE ABOVE THE MICROPURCHASE THRESHOLD 552.232 -77 PAYMENT BY GOVERNMENT COMMERCIAL PURCHASE CARD (MAR 2000) (ALTERNATE I—MAR 2000) (a) "Government -wide commercial purchase card" means a uniquely numbered credit card issued by a contractor under GSA's Government: wide Contract for Fleet, Travel, and purchase Card Services to named individual Government employees or entities to pay for official Government purchases. "Oral order" means an order placed orally either in person or by telephone. (b) The Contractor must accept the Government wide commercial purchase card for payments equal to or less than the micro - purchase threshold (see Federal Acquisition Regulation 2. 101) for oral or written orders under this contract. (c) The Contractor and the ordering agency may agree to use the Government wide commercial purchase card for dollar amounts over the micro - purchase threshold, and the Government encourages the Contractor to accept payment by the purchase card. The dollar value of a purchase card action must not exceed the ordering agency's established limit. lithe Contractor will not accept payment by the purchase card for an order exceeding the micro- purchase threshold, the Contractor must so advise the ordering agency within 24 hours of receipt of the order. (d) The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased supplies have been shipped or services Coact N0. c- 07&o4o3x 4 Mil 1.2011 712 asompeney Response Compony performed. Unless the cardholder requests correction or replacement of a defective or faulty item under other contract requirements, the Contractor must immediately credit a cardholder's account for items returned as defective or faulty. (e) Payments made using the Government -wide commercial purchase card are not eligible for any negotiated prompt payment discount Payment made using a Gover mnent debit card will receive the applicable prompt payment discount. 18. TERMS AND CONDITIONS OF RENTAL, MAINTENENACE, AND REPAIR: Not applicable_ 19. TERMS AND CONDITIONS OF INSTALLATION: Not applicable. 20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNSTS FROM LIST PRICES: Not applicable. 20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES: Not applicable. 21. SERVICE AND DISTRIBUTION POINTS: Not applicable. 22. PARTICIPATING DEALERS: Not applicable. 23. PREVENTATIVE MAINTENANCE: Not applicable. 24a. ENVIRONMENTAL ATTRIBUTES: Not applicable. 24b. SECTION 508 COMPLIANCE: Not applicable. 25. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: 053554531 26. Contractor HAS registered with the Central Contractor Registration Database. CCR registration valid thru 06128/2012. Contract No. Gs- Or7r.0403X 5 X11.2011 t 1N.14...4) +even.+ dory 2. APPROVED GSA SCHEDULE PRICEUST GARNER ENVIRONMENTAL SERVICES 2011 DISASTER RESPONSE RATE SCHEDULE SRI Product Description GSA Price Daily Rate GSA Price Weekly Rate SCIIEDIRE A - POWER GENEftATION 426-4F 25KF Generakrs $419.65 $1,049.12 426-4F 4264F 30KW Generators 35(W Generators $666.50 *1,031.84 *733.15 $1,244.13 426-4F 36KW Generators $783.14 $1,244.13 426-4F 40KW Generators $783.14 $1,481.11 426-4F 45KW Generators 8592.44 81,481.11 4264F 48KW Generators $592.44 81,481.11 426-4F 50KW Generators $59244 81,481.11 426-4F 56KW Generators $592.44 $1,481.11 426-4F 60KW Generators $592.44 81,530.48 426-4F 70KW Generators $991.41 11,599.60 426-4F 4264F 75KW Generators *740.61 $1,851.39 80KW Generators $740.55 $1,651.39 4264F 90KW Generators 8740.55 81,851.39 4264F 100KW Generators $740.55 $1,851.39 4264F 110KW Generators *1,141.38 11,689.52 426-4F 125KW Generators $863.98 82,221.66 426-4F 144KW Generators $863.98 82,221.66 426-4F 150KW Generators $863.98 $2,221.66 426-4F 174KW Generators 81,036.78 $2,591.94 426-4F 175KW Generators 81,036.78 $2,591.94 426-4F 176KW Generators 81,036.78 82,591.94 4264F 180KW Generators $1,036.78 $2,646.25 426-4F 200KW Generators $1,036.78 82,429.02 426-4F 225KW Generators $1,234.26 $3,702.77 426-4F 240KW Generators $1,23426 33,332.49 4264F 25W(W Generators 81,234.26 83,332.49 426.4F 300KW Generators $1,481.11 83,189.32 426-4F 320KW Generators *1,481.11 $3,441.11 426-4F 351N(W Generators 83,115.89 $3,925.69 426-4F 400KW Generators 82,790.96 85,183.88 4264F 450KW Generators *2,832.62 85,183.88 426-4F 480KW Generators $3,115.89 $5,183.88 426-4F 500KW Generators *4,032.32 85,183.88 426-4F 55W(W Generators $3,299.17 $5,667.71 426.4F 575KW Generators $4,265.59 $5,900.74 426-4F 600KW Generators $5,394.64 87,406.54 426-4F 640KW Generators $4,265.59 $7,405.54 426-4F 675KW Generators $5,398.64 87,405.54 4264F 728KW Generators $5,698.56 $7,440.10 4264F 750KW Generators $5,815.21 $7,440.10 Contract No. Gs- 0P -0403X 6 Agit 1. 301 i 7po to sysnoy Royroaoo Compeer). SIN Product Description GSA Prise Daily Rate GSA Price Weekly Rate 426.4F 426-4F 426-4F 800KW Generators 850KW Generators 1000KW Generators $6,640.00 $4,265.59 $5,398.64 $7,440.10 $9,108.82 $9,330.98 426.4F 426-4F 1200KW Generators 1250KW Generators $5,698.56 $12,959.70 $5,815.82 $12,959.70 426-4F 14001011 Generators $7,582.04 $12,959.70 426-4F 1500KW Generators *306.55 $13,063.38 426-4F 1600KW Generators $8,697.81 114,169.27 426-4F 1750KW Generators $10,064.13 $14,169.27 426-4F 2000KW Generators 11,460.13 $16,203.32 426-4F 45 kVA Transformer $98.74 1286.22 426-4F 75 kVA Transfamrer 426-4F 100 kVA Transbnner $123.43 $222.17 $394.96 *594.91 426-4F 150 kVA Transformer $245.62 $594.91 426-4F 225 kVA Transformer $298.22 $792.39 426-4F 300 kVA Transformer $402.37 11,451.49 426-4F 400 kVA Transformer $694.89 11,929.14 426-4F 500 kVA Transformer $694.89 $1,929.14 426-4F 750 kVA Transformer $944.21 $2,236.47 426-4F 1000 kVA Transformer $1,142.92 $2,822.80 426-4F 1500 kVA Transformer 11,592.19 $3,467.03 426-4F 2000 kVA Transformer $1,994.56 $4,087.86 426-4F 600 Amp Line Panel $74.06 $681.31 426-4F 800 Amp Lire Panel $148.11 $908.41 426-4F 1200 Amp Line Panel $140.11 $1,362.62 426-4F 4000 Watt Generated Light Plant $125.89 $46.9.02 426-4F Power Cords - HigT► Voltage (bulk) 113.58 *248.83 426-4F 426-4F Power Distriutian Box (Spider Boxes) $51.84 $493.70 Spider Boxes (400AMPS) N/A $701.06 426.4F Spider Boxes (800AMPS) N/A 1907.18 426-4F Generator CAW price per foot N/A $2.47 POWER GENERATION NOTES 1 Minimum One (1) Week Operation Phase Duration excluding Mob/Demob. 2 Rental Rates Only - Transportation rates from to point of origin and/or point of deliver/ andfor point of use are not included 3 Customer is responsible for fuel, personnel and transportation. 4 Fu& wi be determined by bad and charged LAW and associated to the Task Order at that lime. 5 Two electricians are required per site assessment and instalatian. 6 Orbitrax GPS units are reg ared for each generator. Contact No. cis- 07F -04O3X 7 Apail 1.2011 GARNER The troy atigan.s Compaq, SIN Product Description GSA Price Daily Rate GSA Price Weekly Rate SCHEDULED - PUMPS 426-4F 2' x 2' Diesel Pump 426.4E 3'x3' Diesel Pump 426-4F 4" Diesel Pump 426-4F 6" Diesel Pump 426-4F 8' Diesel Pump 426.4F 10' Diesel Pump 426-4F 12' Diesel Pump 426-4F 16' Diesel Pump 426-4F 18' Diesel Pump Dud Flg wlQD 426-4F 24" Diesel Pump 426.4F 2' Suction Discharge Hose 50' Section 426.4F 3' Suction Discharge Hose 50' Sedion 426-4F 4' Suction Discharge Hose 50' Section 426-4F 6' Suction Discharge Hose 50' Section 426-4F 8" Suction Discharge Hose 50' Section 426-4F 10' Suction Discharge Hose 50' Section 426-4F 426-4F 12' Suction Discharge Hose 50' Section 6' Vacuum Assist Pump 426-4F 12' Vacuum Assist Pump 426-4F 3 ouch Submerscble Hydrauic Pump 426-4F 4 Inch Submersible Hydraulic Pump 426-4F 6 Inch Submersible Hydraulic Pump 426.4F 8 inch Submersible Hydraulic Pump 426-4F 12 kidu S bmersbie Hydraulic Pump 426-4F 8' Bauer Pipe, 10' section 426-4F 12" Bauer Pipe, 10' section 426-4F 4" SbainerslT- Joinlsitaws 426-4F 6' Sbainers1T-JointsiEbows 426-4F 426-4F 8' StraruersIT -Joint &Elbows 3' Sub - Dewater Shp 460v 4264F 4' Sub - Dewater 10ph 460v 426-4F 6" Sub - Dewater 35hp 460v 426.4F 8" Sub - Dewater 95hp 460v 426-4F 4" Sub - Trash 20hp 460v 426-4F 6' Sub - Trash 40hp 460v 426-4F 8' Sub - Trash 70hp 460v 426-4F 3' Suction Hose - 20' 4264F 4' Suction Hose - 20' 426-4F 6" Suction Hose - 20' 426-4F 8' Suction Hose - 20' 426-4F 10" Suction Hose - 20' 426-4F 1? Suction Hose- 10' 426-4F 12' Discharge Pk►e -10' 6123.30 *710.93 6444.33 61,307.08 6222.17 6740.55 6444.33 $1,283.63 $629.47 11,624.59 6629.47 $1,849.53 6814.61 62,174.45 $2,132.80 66,418.14 11,399.65 19,597.58 12,799.29 $12,757.28 111.11 186.40 110.00 164.18 119.75 183.93 *29.62 *113.55 175.54 5226.61 $116.64 6349.91 5122.19 6777.58 1366.57 11,943.95 31,058.99 12,647.48 6192.17 5576.52 6227.72 5987.41 5321.03 11,333.00 6453.22 $1,777.33 11,056.40 33,169.20 112.34 $41.47 112.34 641.47 114.81 $37.03 $19.75 $49.37 124.69 $61.71 198.74 $264.13 6111.08 6297.46 3177.73 6475.19 1386.09 11,030.60 $123.43 3330.78 $177.73 6475.19 $365.09 11,030.60 $17.28 $43.20 122.22 155.54 122.22 *55.54 649.37 6123.43 174.06 1186.14 649.37 1123.43 112.34 130.86 Comeau No. Gs- o7F -0403X 8 April 1, 2011 4/110. *h. ear..e, ncy a w«a. Ceogresuf GARNER SIN Product Description GSA Price Daily Rte GSA Price Weeny Rate 426-4F 6' to 18' Pipe Fusion Machine $431.99 13,023.93 426.4F 12' to 36' Track Mashed Fusion Machine $1,481.11 110,367.76 PUMP NOTES 1 Mtnknum One (1) Week Operation Phase Duration excluding MobdDemob. 2 Rental Rates Only - Transportation rates from to point of origin andlor point of delivery andbr point of use are not included 3 Customer is responsible for fuel, personnel and transportation. SIN Product Deaaiption GSA Price Daily Rate GSA Price Weekly Rate SCHEDULE C - ENWtONMENTAL CONTROLS 426-4F 10 - Ton Air Condlianer Uni 1493.70 91,283.63 426-4F 15 - Ton Air Condt Loner Uni 1925.69 $1,757.58 426.4F 20 - Ton Air Condtioner Uni 1924.46 91,848.92 426-4F 25 - Ton Air CondMoner Uni 1989.87 11,980.98 426-4F 30 - Ton Air Cowl-ironer Uni $1,234.26 $2,488.51 426.4F 40 - Ton Air CandNoner Unit 11,188.59 $3,949.62 426-4F 50 - Ton Air CondNoner Uni 12,098.24 $6,710.65 426-4F 60 - Ton Air Condiioner Uni $2,098.24 $4,838.29 426-4F 75 - Ton Air Condoner Uni 92,314.23 86,911.84 426.4F 426-4F 80 - Ton Air Condilon r Unit 12,406.80 97,899.24 40 Ton Air Cooled Chler Unix 91,511.96 $2,122.92 426-4F 50 Ton Air Cooled Chiller Unit $1,820.53 92,119.84 426.4E 60 Ton Air Cooled Chler Units 11,820.53 $2,596.88 426-4F 75 Ton Alt Cooled Chdlea Unis 12,190.81 426-4F 100 Ton Air Cooled ChIer Urits 12,190.81 $2,308.06 13,458.39 426-4F 125 Ton kw Cooled Chier Units $2,591.94 14,006.40 426-4F 150 Ton Ai Cooled Chiller Units $3,209.07 14,845.69 426-4F 170 Ton No Cooled Cher Units $3,82620 $5,182.64 426-4F 200 Ton Air Cooled Chier Units $4,196.47 15,954.06 426-4F 50 Ton Air Handler 8524.56 9803.43 426-4F 100 Ton An Hardier 1987.41 92,468.51 426.4F 120 Ton Kw Handler 1802.27 91,876.07 426-4F 20 kW Heater Unit 1215.99 1839.29 426-4F 40 kW Heater Unit 1155.52 $908.41 426-4F 100 kW Healer Uni 1771.41 11,283.63 426-4F 150 kW Heater Uni 1925.69 $1,830.40 426.4F 150 kW High Temperature Heater Unit $1,049.12 $1,873.60 426-4F 1125 CFM Desiccant Dehronictifier $1,215.74 83,455.92 426-4F 2250 CFM Desiccant Dehesrtidifier 1987.41 $6,911.84 426-4F 4500 CFM Desiccant Dehumktifier 11,481.11 110,367.76 426-4F 15000 CFM Desiccant Dehumidifier $2,962.22 $23,697.73 426-4F Insulated Ductwork $92.57 8111.08 426-4F 100 GPM Pump 1148.11 9710.93 426.4F 426.4F 200 GPM Pump 1185.14 1710.93 300 GPM Pump 1234.51 1710.93 Contract No. GS-07F- 04037 9 Apt' 1. 2011 GARNER n» rpp«r« ray N..pon.. Coaupagy SON Product Desafption 426-4F . 400 GPM Pub 426.4F S00 GPM Pump GSA Price Daily Rate GSA Price Weekly Rate $277.71 1710.93 1283.88 1710.93 426.4E 750 GPM Pump $401.13 11,481.11 426-4F 800 GPM Pump 1431.99 11,481.11 426-4F 1000 GPM Pump 1556.42 11,481.11 426-4F 1200 GPM Pump 1802.27 11,110.83 426-4F 1500 GPM Pump 1863.98 11,624.59 426.4F 2000 GPM Pump 11,079.97 $1,624.59 426-4F 3000 GPM Pump $2,221.66 12,173.53 426-4F AeroClave MDS UM 426.4E Polyethylene Polution Bags (per Roll) 18,886.65 NIA 1103.68 NIA 426-4F Polyethylene Shed's] Per Roll (20'x100'x6 1108.61 NIA 426-4F Zhp -Wa8 Pole (each) 113.82 NIA 426-4F Zip -Wa8 Zipper Door (eadi) 426-4F Zip -Wa8 quick Chamber (each) 19.87 NIA 117.77 NIA 426-4F Level A Responder Slate (each) 11,135.52 NIA 426-4F Level B Responder Suit (eadi) 1222.17 NIA 426-4F Level 3 (CPC 3) PPE (each) 426-4F Level D PPE (each) 1103.68 NIA $44.43 NIA ENVIRONMENTAL CONTROLS NOTES: 1 Minimum One (1) Week Operation Phase Duration exckrdig MoblDemob_ 2 Rental Rates Only - Transportation rates from to point of origin and/or point of detvery andir poid of use are not induded. 3 Customer is responsible for fuel, personnel and transportation. SIN Product Description GSA Price Daily Rate GSA Price Weekly Rate SCHEDULE D - MATERIALS BANDUNG $ EQUPMENT (MHE) 426-4F Forklift Carpet Poles 130.86 1102.20 426-4F Palet Grabbers w/Chain 19.87 137.03 426-4F Palet Jack 139.50 1102.20 426-4F Electric Palet Jack 1117.25 1291.28 426-4F Fort Loading ramps 1336.95 1843.00 426-4F Dock Plates 129.62 1454.21 426.4F 5k Deisel Forklfs $222.17 1617.13 426-4F 5k Personnel Foddifls 1260.43 1851.69 426-4F 6000 Lb. Forklift 1271.54 12,681.79 426-4F 8000 Lb. Forldift $259.19 12,902.97 426-4F 9,000 - 10,000 Ib. Forklift 1296.22 13,434.20 426-4F 15,000Ib. Forklift 1493.70 17,405.54 426-4F 25,000 - 35,000 Lb. Forklift 1691.18 113,710.13 426-4F 4400 6 Extended Boom ForktifI 1345.99 11,727.96 ROUGH TERRAIN FORKLIFTS: 426-4F Straight Mast 1285.11 1987.41 426-4F 5K Shooting Boom 1370.28 11,184.89 Contact No_ GS- 07F -0403X 10 April 1.2011 Ail. TA* rwr.rpraray Argon.. tasaro.ry GARNER SIN Product Description ,$ GSA PNce Daily Rate GSA Price Weekly Rate 426-4F 6K Shooting Boom $419.65 11,530.48 426-4F 8K Shooting Boom $466.55 11,461.36 426-4F 9K Shooting Boom $518.39 81,678.59 426-4F 10K Shooting Boom $622.07 11,925.44 426.4F Forklift Propane Tank 14.94 111.85 426.4F Portable Loading Dock, 20 X 20r wlrarnp and stairs 1336.95 $1,226.18 MHE NOTES: 1 2 Minimum One (1) Week Operation Phase Duration excluding MoblDemob. Rental Rates Only - Transportation rates from to point of origin and/or pant of delivery andlor point of use are not included. 3 Customer is responsible for fuel, personnel and transportation. SIN Product Dewxiption GSA Price Daily Rate GSA Price Weekly Rate SCHEDULE E - HEAVY EQDI'MENT 426-4F 2000 Gallon Fuel Tank *543.07 11,598.36 426-4F 48 foot Traber (No Tractor) 1154.28 1185.14 LOADERS: 426.4F 426.4F 426-4F 112 yard 3,4 yard 1 yard 3362.87 *970.13 $311.03 3908.41 8350.53 $938.04 426-4F 2112 yard $699.82 81,884.71 426-4F 23/4 yard 5699.82 31,884.71 SKINNERS: 426.4F 1750 Lb. 1296.22 1701.06 426.4F 2400 Lb. *362.87 11,109.60 426-4F 1900 Lb. Track 5428.29 11,184.89 SKID ATTACHMENTS: 426-4F $88.87 123821 426.4E Forks *51.84 $138.24 426-4F Broom $103.68 *277.71 OTHER HEAVY EQUIPMENT: 426.4F Single Smooth Dnan Uibraary Rolex $502.34 11,360.15 426-4F D3 Cat Smat Track Type Tractor 5656.62 11,568.74 426.4E 04 Cat Small Trade Type Tractor 1667.73 81,897.05 426-4F 05 Cat Small Tradk -Type Tractor 1855.34 82,079.72 426-4F 06 Cat Medium Track Type Tractor 11,018.26 *3,085.64 426.4F Ditch / Trench Digger $414.71 81,109.60 426.4F Large Excavator *863.98 83,085.64 426-4F Stump Grinder *181.44 *534.43 426-4F Brush Chipper $207.36 $588.74 426-4F Cranes, Mode - 35 Ton 13,702.77 325,919.40 426-4F Cranes, Mobile - 50 Ton 13,702.77 125,919.40 426-4F Cranes, Moble - 70 Ton 13,702.77 $25,919.40 426-4F Cranes, Ted telescopic - 35 Ton 13,702.77 125,919.40 Contract No. GS- 07F -0403X 11 April L 2011 * TA* itatemenay nWpoaae Company GARNER SIN Product DescrMtion GSA Price Daily Rate GSA Price Weekly Rate 426.4E Crane;, Truck- mooned telescopic - 45 Ton = 13,702.77 125,919.40 426.4F Compressor, Ab, trailer mounted, 250 CFM -100 PSI 1160.45 1580.10 426.4F Welder, Trailer Mounted, 400 Amp 1104.91 1253.02 HEAVY EQUIPMENT NOTES: 1 Minimum One (1) Week Operation Phase Duration exclu* g MoblDemob. Rental Rates Only - Transportation rates from to point of origin and/or point of dernrery and/or pant of 2 use are not included 3 Customer is responsible for fuel, personnel and transportation. FOR GSA CUSTOMERS: These items and rates are only applicable as part of an emergency or NOTE disaster response service task/ de6very/purchase order SIN PRODUCT DESCRPTION GSA Price Daily Rate GSA Price Weekly Rate SCHEDULE - F CIVIL AFFAIRS 426-4F Portable Storage Containers 426-4F Portable Storage Containers 426-4F Tent, 20'X20' 426-4F Tent, 40' X 40' 426-4F 426-4F 426-4F 426-4F 426-4F Tent, 10' X 10' Pop -Up Tent, 10' X 15' Pop-Up Chairs - folding 6' Table - fokfing 8' Table - folding 426-4F 50' String Lighting 426-4F 100' String Lighting 426.4F Power Ditto - Spider Boxes 426-4F 24' portable fans on stands 426-4F 48' 2 -speed warehouse farm 426-4F Tents - 60' x 100' x 7'; Seals 500 426-4F Tents - 30'x 90'x7';Sleeps125 426-4F Tents - 30' x60' x 7' ; Sleeps 100 SIN Product Deseription HeaterMeals Setf H eating Entrees 426-4F 50 Twelve Count Cases / 1 -Palet 426-4F 100 Twehre Court Cases / 2-Pallets 426-4F 200 Twelve Count Cases ! 3-Pallets 426.4F 350 Twelve Count Cases / 5- Palets 426-4F 600 Twelve: Count Cases 1 9- Palets 426-4F 1200 Twelve Count Cases 117 -Pallets 426-4F 1500 Twelve Count Cases 122-Pallets HeaterMeals Phis Ful Course Meal Kb 426.4F 50 Twelve: Count Cases / 1 -Palet 426-4F 100 Twelve Count Cases / 2- Palets 426-4F 200 Twelve Count Cases ! 4- Palets 1129.60 1129.60 1282.40 11,334.60 1149.36 1238.95 13.70 17.41 19.87 112.34 124.69 151.64 162.95 161.71 14,042.19 1981.23 GSA Price PaNet Pricing 1138.24 127721 $423.60 11,925.44 $224.02 $353.00 17.41 118.51 124.69 188.57 1169.19 1148.11 1153.05 1153.05 15,773.85 12,070.47 11,437.91 GSA Price Per Case 12,843.73 $65.00 151,117.98 110,427.00 116,795.77 128,792.75 157,585.49 171,961.86 14,621.06 19,019.96 116,039.90 162.29 159.58 154.84 154.84 154.84 $54.84 1105.62 1103.09 1103.09 Colima No. GS- 07F -0403X 12 April L2011 GARNER *i,.Ir.nsmay N.,Pa,.. Amway SIN PRODUCT DESCRIPTION GSA Price GSA Price Daily Rate Weekly Rate 426-4F 4264F 350 Twelve Count Cases 17- Paled$ $306,878.24 110021 600 Twelve Count Cases / 12- Pallets 152,608.97 $10021 426-4F 1200 Twelve Count Cases / 24- Pallets SIN Product Description 1105,217.93 GSA Price Palet Pricing 1100.21 GSA Prise Per Case 426-4F 1500 Twelve Count Cases / 30- Palets 1131,522.42 $100.21 HeaterMeats EX Self - heating Entrees 426.4E 50 Twelve Court Cases / 1 -Palet 13,519.11 167.03 4264F 100 Twelve Court Cases / 2-Pallets 15,628.21 164.32 426-4F 200 Twelve Count Cases / 3- Palets $10,24927 $58.57 426-4F 350 Twelve Count Cases 16- Paled$ $17,314.16 *56.54 4264F 4264F 600 Twelve Count Cases / 10- Pallets 129,681.41 $56.54 426-4F 1200 Twelve Count Cases 120- Pallets $59,362.82 $56.54 1500 Twelve Count Cases / 25-Pallets 174,203.53 $56.54 Heater Meals 3 Ful Course Mein Kits 426-4F 50 Twelve Cant Cases / 1 -Palet $3,325.09 $76.00 426-4F 4264F 4264F 100 Twelve Count Cases 1 2- Palets tic $6,442.82 $73.63 200 Twelve Count Cases 1 4-Pallets 112,885.64 $73.63 350 Twelve Count Cases 17- Palests ' $21,979.65 $71.77 426-4F 600 Twelve Count Cases / 12- Pallets 137,679.40 $71.77 4264F 1200 Twelve Count Cases 124 - Pallets $72,870.53 $69.40 426.4F 1500 Twelve Count Cases / 30 -Pets $91,088.16 $69.40 Cafe2Go Self - Heating Beverage Kits 4264F 4264F 426-4F 18 Six Count Cases / 1 -Palet 36 Six Count Cases / 2- Pallets 54 Six Count Cases / 3- Palets $2,255.43 $143.20 14,270.92 1135.58 $5,994.49 $126.87 426.4E 350 Six Count Cases 110- Palets $38,853.17 1126.87 426-4F 600 Sic Count Cases /17-Pallets 4264F 1200 Six Count Cases / 34-Pallets 166,605.44 *126.87 $133,210.88 1126.87 426-4F 1500 Six Count Cases 142- Pallets 1166,513.60 1126.87 SIN Product Description GSA Price Per Bag Ice 8 W Baps 426-4F ice 8 b Bag 1- 600,000 $2.96 SIN Product Description GSA Price Per 24 Pack Bottled Water 16oz 24 Pack 426-4F 1- 100,000 17.65 426-4F 100,001-300,000 88.15 4264F 300,001- 475,000 $8.64 426-4F 475,001 - 850,000 19.26 426-4F 850,001 - 1,700,000 110.18 SIN Product Description GSA Price Daily Rate GSA Price Weekly Rate Type I (INS) Person Podalet Pedalo 426-4F 100 Standard Reslrooms 18,022.67 $56,158.69 Colgan No_ GS- 07F -0403X 13 April 1.2011 ilkThe s*►..e.a.y itesponse Comia+ny GARNER SIN PRODUCT DESCRIPTION GSA Price Daily Rate GSA Price Weekly Rate 426-4F 4 Wheelchair Accessible 9666.50 14,665.49 426-4F 30 Station Sink 14,628.46 $32,399.24 426-4F 100 Daily Service Fees 426-4F 30 Daily Sink Service Fees SIN Product Deaaipton GSA Price Daily Rate GSA Price Weeldy Rate 426-4F 5% Fuel Surcharge + Tax Type 1(750) Person Podakt Package 426-4F 75 Standard Restraoms 16,017.00 142,119.02 426-4F 4 Wheel Chair AccessAk $666.50 $4,665.49 4264F 22 Station Sinks 13,394.21 123,759.45 426-4F 75 Daily Service Fees 426-4F 22 Daily Sink Service Fees 4264F 75 Restroom Delivery Fees $2,314.23 116,199.62 4264F 5% Fuel Surcharge + Tax Type IN (500) Person Portalet Package 4264F 50 Standard Restrooms 14,011.34 128,079.35 426-4F 2 Wheel Chair Accessible $333.25 $2,332.75 426-4F 15 Station Sinks 12,314.23 116,199.62 426-4F 50 Daily Service Fees 426-4F 15 Daily Sink Service Fees 4264F 50 Restroom Delivery Fees 11,542.82 110,799.75 426-4F 5% Fuel Surcharge + Tax Type N (250) Person Palate( Package 4264F 25 Standard Res*rooms 12,005.67 114,039.67 426-4F 1 Wheel ChairAcoessbie 1166.62 11,166.37 426-4F 7 Station Sinks 11,079.97 17,559.82 426-4F 25 Daily Service Fees 426-4F 7 Daily Sink Service Fees 426.4E 25 Restroom Delivery Fees 1771.41 $5,399.87 426-4F 5% Fuel Surcharge + Tax Type Y (100) Person Portalet Padrage 4264F 10 Standard Restrooms 180227 426-4F 1 Wheel Chair Accessble 1166.62 $5,615.87 11,166.37 426-4F 7 Station Sinks 11,079.97 17,559.82 426-4F 10 Daily Service Fees 4264F 7 Daily yak Service Fees 426-4F 10 Restroom Delivery Fees 1308.56 12,159.95 426-4F 5% Fuel Surcharge + Tax Camara No. GS- 07F -0403X 14 Apsi1 I, 2011 4, * * 1. Isrw ncy Ihavoa.. Coop«, SIN Product Description GSA Mobihzafion Price GSA Daily Stagng Price GSA Demobilization Price NIMS TYPE 11 Comfort Stations (501 Person) 426-4F 25 Comfort Stations $17,773.30 $11,108.31 $8,886.65 4264F 40 Comfort Stations 823,697.73 $17,773.30 $11,848.87 4264F 50 Comfort Stations $29,622.17 522,216.62 114,811.08 426-4F 60 Comfort Stations $35,546.60 $26,659.95 $17,773.30 Comfort Station are tent packages for 500 person evacuees /persons that include; tents, dnais, fans, security and generator for evacuee admhislralIve purposes (i.e., Disaster Food Stamps). CIVIL AFFARS EQUIPMENT AND SERVICES NOTES 1 Minimum One (1) Week Operation Phase Duration excluding Mob/Demob. 2 Rental Rates Only - Transportation rates from to point of origin and/or pant of delivery and/or point of use are not included. 3 Customer is responsible for fuel, personnel and transportation. SIN Description GSA Weekly Price GSA DemobMZation Price SCHEDULE — G EQUIPMENT SERVICES A DISASTER RESPONSE BASE CAMPS 426-4F NIMS TYPE 1 1000 Person Base Camp $498,853.32 81,316,122.72 $406,005.11 4264F NIMS TYPE 1750 Person Base Camp $464,397.81 $1,067,800.10 $377,771.49 4264F NIMS TYPE III 500 Person Base Camp $342,771.66 8731,405.84 $280,225.69 426-4F NIMS TYPE IV 250 Person Base Camp 8278,761.86 8468,67821 $227,777.18 KITCHEN SERVICES: 4264F NIMS TYPE 1 1000 Person Kitchen/Meals 8169,443.73 $425,979.09 $119,806.85 4264F NIMS TYPE 1I 750 Person Kitchen/Meals $164,10927 $367,818.44 8119,332.90 4264F NIMS TYPE III 500 Person Kitchen/Meals $120,988.04 8261,044.11 $57,65322 4264F NIMS TYPE IV 250 Person Kitchen/Meals $101,269.55 $176,873.95 $76,612.80 SHOWER SERVICES: 4264F NIMS TYPE 1 1000 Person Showers 827,622.67 8158,230.50 834,506.12 4264F NIMS TYPE 11750 Person Showers 822,449.90 5136,901.31 126,285.97 4264F NIMS TYPE 111 500 Person Showers $17,314.16 $81,474.53 $20,081.36 4264F NIMS TYPE IV 250 Person Showers $17,314.16 $60,145.34 $17,035.21 LAUNDRY SERVICES: 4264F NIMS TYPE 1 1000 Person Laundries $75,499.50 $216,941.64 861,899.22 4264F NIMS TYPE!! 750 Person Laundries $60,564.99 *168,769.82 $48,687.73 426-4F NIMS TYPE!!! 500 Person Laundries $44,003.73 8113,344.28 835,866.27 4264F NIMS TYPE IV 250 Person Laundries $33,684.11 $68,419.80 $27,116.62 DISASTER RESPONSE BASE CAMP i EQUIPMENT SERVICES NOTES: 1 Minimum One (1) Week Operation Phase Duration excksing Mob/Demob. 2 Pricing is al- inclusive including transportation, personnel, expendable commodities, food, etc. See service level agreement. 3 Cost -minus pricing. 11 cer illcated potable water, grey water manholes are provided; pricing will be reduced. Contract No. G"S47F -0403X 15 Amin. 2011 41. GARNER Tito ismegrwoy AlNponrr Compaty SIN Product Description GSA Pike Daily Rate GSA Price Weedy Rate SCIEDULE ti - TRANSPORTATION EQUIPMENT/PERSONNEL 426-4F Trucking Detention Charge (Demerge) $4,443.32 $31,103.27 426-4F Trucking Lay Over $4,443.32 $31,103.27 426-4F Truck Ordered Not Used *308.56 *2,159.95 426-4F Power 0rdy Truck $1,851.39 $12,959.70 426-4F Rol Backs - Equipment local short -haul *1481.11 *10,367.76 426-4F 426-4F Service Truck *271.54 $1,900.76 Fuel Transports; with Operators *7,405.54 *51,838.79 426-4F Fuel Bobtail Trucks; with Operators $7,405.54 *51,838.79 426-4F Dry Van *617.13 *4,319.90 426-4F Reefer Trailer $2,221.66 *15,551.64 426-4F Drop Deck *1,851.39 *12,959.70 426-4F Removable Drop Deck (RGN) $2,221.66 *15,551.64 426-4F Double Drop Trailer $1,851.39 *12,959.70 426-4F Flat Bed *863.98 $6,047.86 426-4F Flatbed with Moffett *1,481.11 *10,367.76 426-4F Low Boy $1,851.39 112,959.70 426-4F Livestock *2,221.66 115,551.64 426-4F Water Trailer *129.60 *330.78 426-4F 60 Ton Landal Trailer 12,221.66 *15,551.64 426-4F 26' Straight Trek wild gate and driver $1,851.39 *12,959.70 426-4F Road Grader $5,246.09 *36,72160 426-4F Water truck (non - potable) WI operator $4,305.21 $30,136.48 426-4F Bucket Truck $7,983.17 $55,882.22 426-4F Pick up Truck *863.98 $6,047.86 TRANSPORTATION EQUFMENTIPERSONNEL NOTES 1 Mrwo One (1) Week Operation Phase Duration exdud'eng MoblOemob. 2 Customer is responsi le for fuel, personnel and transportation. 3 Trucking mileage rates so be established at fee time of Task Order and PO 4 Trucking mileage rates may vary based on region of equipment FOB. SRI PROJECT EQINPMENT SUPPORT: GSA Price Daily Rate GSA Price Week Rate 426-4F Mobile Command Post wf communications 81,763.51 *12,342.57 426-4F Response Vehicle (Per Vehicle) $123.43 $863.98 426-4F 4-Wheelers (i.e., Rhino) *176.75 *1,234.26 426-4F LSNFirefTawer Tracer $1,594.66 *11,157.68 426-4F Gamer Service Trucks *123.43 *863.98 426-4F Warn $14.81 *98.74 426-4F ORBITRAX Per Messaging $0.25 *0.25 426-4F ORBITRAX Report WA *98.74 Comm No. GS-07F -0403X 16 April 1, 2011 GARNER M* itifisO03040 ftletPaor SIN Product Description GSA Price Hourly Rate PROJECT PERSONNEL SUPPORT: 426-4F Incident Management Team Leader 1148.11 426-4F Project/Operations Manager 1133.30 426-4F Project/Operations Task Leader 1123.43 426-4F Project Adminstrator 174.06 426-4F 426-4F Project Field Clerk 149.37 Warehouse 1 Yard Operator 147.89 426.4E Resource Supervisor 1117.25 426-4F Resource Technician 1117.25 4264F Resource Operator 1117.25 426-4F Electrician 1117.25 426-4F Security 178.99 INCIDENT MANAGEMENT TEAMS: 4264F Incident Management Team Leader 1148.11 4264F ESF 1- Transparfatiar Team Member 1133.30 4264F ESF 2- Communications Team Member 1133.30 4264F ESF 3 - Pubic Works Team Member 1133.30 426-4F ESF 4 - F'reightng Team Member 1133.30 426-4F ESF 5 - information and Planning Team Member 1133.30 426.4F ESF 6 - Mau Care Team Member 1133.30 4264F ESF 7 - Resource Support Team Member 1133.30 4264F ESF 8 - Health and Medical Team Member 1133.30 4264F ESF 9 - Search and Rescue Team Member 1133.30 4264F ESF 10 - Hazardous Materials Team Member 1133.30 426-4F ESF 11- Food and Water Team Member 15.92 426-4F ESF 12 - Energy Tease Member 1133.30 426-4F Per Diem CONUS CONUS 4264F Personal Airfare PROJECT LSA PERSONEL & EQUPMENT NOTES: 1 Minenum One (1) Week Operation Phase Duration excluding MoblDemob. 2 Command Center is for customer field personnel, Gamer Projed Personnel, received for Orb bax Support and aN IT/Cets. 3 Mitres Support is required for aN physical equipment to prevent equipment losses & customer dhargebacks_ 4 Horsy wages are for straight-time orb, overtime and doubletime will be applied i requbed. 5 Hourly wages wi be assessed at no less then twelve (12) bars per day - seven (7) days per week. 6 Federal Holidays are Ned at the Double Time Rate. Al personnel wiN be paid LAW regional prevailing wages in accordance with Davis -Bacon and/or SCA where 7 applicable. 8 Airfare is a factor of total personnel maws required personnellservioe vehicles. Colima No. GS- 07F-0403X 17 April 1.2011 1 ANSHSO DOCUMENT FOR FREIGHT CONTAINERS GARNER R»«r. ..e 1496 -1 Series 1 Freight Containers - Specifications and Testing - Part 1: General Cargo Containers for General Purposes 1496-2 Series 1 Freight Canto ens - Specifications and Testing - Part 2: Thermal Containers 1496 -3 Series 1 Freight Conferrers - Specifications and Testing - Part 3: Tank Containers for Liquids, Gases, and Pressurized Dry Bug( 14964 Seas 1 Freight Containers - Specifications and Testing - Part 4: Non- Pressurized Container for Dry Bulk 1496-5 Series 1 Freight Containers - Specifications and Testing - Part 5: Platform and Platform Based Containers . 1496 -6 Series 1 Freight Containers - Specifications and Testing - Part 6: Intonational Cargo - Security Devices . _ 668 Series 1 Freight Containers - Classification and Dimensions, and Ratings 830 Freight Containers - Terminology 2308 Hooks for Lilting Containers up to 30 Tons Capacixy - Basic Requirements 1161 Series 1 Freight Containers - Comer Fittings, Spectcations 3874 Seas 1 Freight Containers 6346 Series 1 Freight Containers - Going, Identification, and Marketing 9897 _ _ Freight Corners - Conlamer Equpwnent Data Exchange Cowan No. GS- 07F -0403x 18 Apiii L, 3011 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 6/12/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Group Life & Disability Insurance CAPTION: Motion authorizing the City Manager or designee to execute all documents necessary to purchase two years of Group Life Insurance from Standard Insurance Company of Portland, OR for a total amount of $69,816.03, of which no funding is required for the remainder of this fiscal year, and two years of Disability Insurance from Lincoln Financial Group of Houston, TX for a total amount of $166,195.87, of which no funding is required for the remainder of this fiscal year; based on lowest responsible proposal; and authorizing the City Manager or designee to execute all documents necessary to extend the coverage for up to two optional one -year periods, subject to approval of the service provider. BACKGROUND AND FINDINGS: The City offers group life and disability insurance coverage to its employees. Group life insurance consists of the following types of insurance: Basic, Supplemental, Optional, Dependent and Spouse. Basic Life is fully funded by the City. Supplemental, Optional, Dependent and Spouse coverage is fully funded by the employee. The City funds a portion of disability insurance; the remainder of which is funded by the employee. In an effort to realize volume discounts and create more interest among insurers, the City combined Group Life and Disability Insurance into one procurement package. The City's contracted insurance advisor, Crest Benefits Consulting, a division of JDW Insurance, assisted the City in developing the Request for Proposal and in analyzing proposals received. In addition to the $69,816.03 City- funded portion of group life insurance premiums, the employees' portion is $1,144,259.99 for a total of $1,214,076.02 in group life insurance premiums over the two -year term of the agreement. Similarly, while the City- funded portion of disability insurance premiums is $166,195.87, the employees' portion is $354,718.30, for a total of $520,914.17 in disability insurance premiums over the two - year term of the agreement. As compared to current pricing, the agreements recommended herein will result in a total two -year savings to the City of $147,843.85, while employees will realize a premium savings of $719,494.54, for a total combined savings of $867,338.39. ALTERNATIVES: None. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Human Resources Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $245,000.00 $236,011.90 $481,011.90 Encumbered / Expended Amount $146,449.18 $0 $146,449.18 This item $0 $236,011.90 $236,011.90 BALANCE $98,550.82 $0 $98,550.82 Fund(s): Other Employee Benefits Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Approvals: Veronica Ocanas, Assistant City Attorney Yasmine Chapman, Director of Human Resources Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BID ITEM DESCRIPTION Standard Insurance Company Portland, OR TOTAL PRICE PRICE SHEET BI -0118-12 Group Life & Disability Insurance Lincoln Financial Group Houston, TX TOTAL PRICE Minnesota Life Insurance Company St. Paul, MN TOTAL PRICE The Prudential Insurance Company of America Newark, NJ TOTAL PRICE Unum Life Insurance Company of America Houston, TX TOTAL PRICE ReliaStar Life Insurance Company d.b.a. ING Employee Benefits Addison, TX TOTAL PRICE Life Insurance Company of North America Philadelphia, PA TOTAL PRICE Group 1 Group Life Insurance (Two -Year Premium) $ BID ITEM DESCRIPTION 69,816.03 $ Lincoln Financial Group Houston, TX TOTAL PRICE 78,543.63 $ Unum Life Insurance Company of America Houston, TX TOTAL PRICE 83,780.19 $ Life Insurance Company of North America Philadelphia, PA TOTAL PRICE 87,252.03 $ 87,271.23 $ The Prudential Insurance Company of America Newark, NJ TOTAL PRICE ReliaStar Life Insurance Company d.b.a. ING Employee Benefits Addison, TX TOTAL PRICE 87,271 23 $ 118,681 97 Standard Insurance Company Portland, OR TOTAL PRICE Minnesota Life Insurance Company St. Paul, MN TOTAL PRICE Group 2 Disability Insurance (Two -Year Premium) $ 166,195.87 $ Deemed non-responsive for failure to meet the minimum requirements of the RFP. 183,757.96 $ 221,661.03 $ 352,636.94 $ 453,347.91 $ 462,598.70 No Quote AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 5/8/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 Acceptance and Appropriation of 2012 Gro1000 Gardens and Green Spaces Grant from Scotts Miracle -Gro and the United States Conference of Mayors. CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. B. Ordinance appropriating a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden and declaring an emergency. BACKGROUND AND FINDINGS: The Mayor's Fitness Council, in conjunction with the Parks and Recreation Department, was awarded one of five grants from Scotts Miracle -Gro and the United States Conference of Mayors to establish a community garden. The MFC will utilize these funds to partner with the Lindale Neighbors, Texas Agriculture Extension Office, to increase access to healthy foods and vegetables by establishing a community garden at Lindale Park located at 3133 Swantner Lane. In addition to the $15,000 grant, Scotts Miracle Gro will provide $10,000 in product to the project as well. There are no matching funds required. ALTERNATIVES: Do not accept grant. OTHER CONSIDERATIONS: The Parks and Recreation Department has secured a commitment from the Lindale Neighbors via their Adopt - a -Park agreement to serve as administrators of the garden plots. CONFORMITY TO CITY POLICY: Appropriation of funds require City Council approval. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 15,000 15,000 Encumbered / Expended Amount This item 15,000 15,000 BALANCE 15,000 15,000 Fund(s): Comments: An additional award of $10,000 Scotts Miracle Gro products is included in the grant award totaling $25,000. RECOMMENDATION: Staff recommends approval of acceptance of grant award. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award; Drawing of Playground Page 1 of 2 Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle - Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. 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 all documents to accept a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney 0007 2 cdb6f17d- 21b4- 47ec- b914- 27b368ecdd8e Page 2of2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0007 2 cdb6f17d- 21b4- 47ec- b914- 27b368ecdd8e Proidoutt ELIZABETH B. 111111L ,Mayor „i Borossillc 10, Pra'vdc:, ART0411112. V211ARA1 Manne,rr socr„i Vice Prrslda„n ACIC H.AEl,A_ Nt1'I -1TR :Mayor tti Philseaplxia 111)11) I.. 4])ELA,4151)\ Mayor „! toto .ills RICI {AR]} M. 411111 1)4,,,,l CONE. TH1J4l.A1 M. :MEN1N0 .May. ,r Rirs, 111'414r!J [.. P(.[SQUI E_I 14 Malaar.,l Akron JOlI;E'11 P. RILEY. Jll Malur„i Clradrn,nr, SC J CHR141 IAN ( ;OIf.WAGE Mayor ar Edioaholti 144114111 AIN ARD R1aFa,r a C,rr, y1, 7'4 A1ICF1;li11. R. COLl:M,AR MApor o(Colombos. 01 -1 MIC K CORNETT M.ry +se 40Hationto Coy 111 FRANK l IN C 011',!E May a1 Des MOH, 81141 IL/STIR; Ma,,e Li Long khosh 1 h1 R1CIC 111 `J R} MAYS MaRti of North Lila: Rock BRENDA L. LiMVR1'C:l:: Mnpor od Snoiixaicid 11 IONIAS C I EPPERT Aloyor Danz 144 1.1:N I. J. ,41111..1)1:2. ' 15 of 4l bon 11cly1rs 111 I13''X 14 n 11 Mzy„r .,r Nchaek, CA 54.:01' 1- 1111111 hlacur .,l Mena ELM N N. \RAI. A €:R MApor 1 8ow1i1 Gran. KY Arisiony bawd. 12A1111 4141 KER Ma e LIORIt Lilts City PLAN CART E15 BLR411 411/ Atioir 4 Hortd ROBERT t 110)VS'r,R 11yror Hot U 1)44'111'1 LI 12,6 .MA 0, ,,d f'naul*irnrc ROBERT CLUCK Mayae arArlington. T\ 10Y COCKER li MAN. 4,1 I 1211.,,d,ls lir. +d, ROBERT DIRTY Al2sio tii R ,1,r1„r, '45 BUDDY L111' Ma1F,c .x'1'411 €andu HILL. INCH Mayon „r 1u,IRopnrs 'ICE 1REl. A (;IN Abp. r,l 6'iz'1,nd„ 11ca i, OSl:.r141 )) GOOHMAN .MA, of Los 4opns JOHN r 4F/. IlIcKE ,4.4OPER .Mo"ar or Do I1,4RV1=Y 101' INS) ) 11 ,yor tif j rk,r, o MS KEVIN J2)11h5)]\ Mayor Li SHrumc,nv ROS*; I.1T "II.PFIELD Mayor „1r':ha, 'ro MARK MARK 11114 2Yr Morn ,,!Cto ro ,mar, JC/9 -1 N 144)11 rS 14 ,,a,e „l 1111ahasso LOPE G. 41OSIL EY 1f,1a,r s11 'A a GAVIN V.6.11;1f)S {aa .MAN. ar San Fnv „x[o 1'RANA C. 01)115 Haigh of Pstn,ba,ko Pings 1)IC;U'.I. A. 4' LIM° MAls,e Li Sm. Ana STEPHANIE RAWLINGS -4 1.e4 :Mawr of .M111,,nrc 11.A1 IL 11. 4,41 4tiAS NIKorr.al Laredo 4'MES I- S21I -IhIl1 4 MAlwrorCrea, 4314 FRANCIS G. SLAY Mayor -1.A St. Louis 11 N[, 11 =i_R 1 511 i"1`!” Counho 14-111.'1 144 F_111 \1; IN Matsu „i Erssuo BRIAN C:. \1'5 - 11.1111 M:,yor of PicruwnY CELT.. INo Ih 1uon OM 1144111454, THE ITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST WASHINGTON, D.C. 20006 TELEPHONE (202) 293-7330 FAX (202) 293 -2352 URL: www'.usrlrayors.org December 28, 2011 The Honorable Joe Adame Mayor of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 -9277 Dear Mayor Adame: On behalf of The United States Conference of Mayors, may I extend warm congratulations on your outstanding leadership in support of urban livability. I am very pleased to let you know that your city has been awarded the 2012 GRO1000 Gardens and Green Spaces Grant Awards for the Quesada Gardens Initiative . As you know, the GRO1000 Gardens and Green Spaces Grant Awards are sponsored by ScottsMiracle -Gro, and The U.S. Conference of Mayors. The 5 award - winning cities were determined by an independent panel of judges, selected by The U.S. Conference of Mayors. The awards will be officially announced at our Winter Meeting in Washington, DC on Thursday, January 19, 2:00 — 4:15 p.m. during the afternoon Plenary. There will be recognition portion of the program, followed by a group photo on stage with individual posed shots with local ScottsMiracle- Gro representatives just off the stage. We hope very much that you will be able to attend. Award Winners will each receive grants in the amount of $25,000 ($15,000 cash; $10,000 in -kind product provided by Scotts Miracle -Gro). We would appreciate it if you could wait until the January 19th national recognition during the meeting to inform the press of your Grant Award. We will be working with your staff on more details surrounding the winter meeting and the local dedication event and publicity for the award - winning cities. In addition to the national ceremony we look forward to the mandatory local dedication ceremony. The other 2012 winners are listed alphabetically by city Baltimore Mayor Stephanie Rawlings - Blake, Cleveland Mayor Frank Jackson, Columbia (SC) Mayor Steven Benjamin, and Corpus Cristi Mayor Joe Adame. We will be in touch with you soon with some more information. If you have any questions, please contact me at jbogen ©usmayors.orq or (202) 861 -6727. Thank you again and congratulations. Sincerely. Tom Cochran CEO and Executive Director AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 5/8/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 Acceptance and Appropriation of 2012 Gro1000 Gardens and Green Spaces Grant from Scotts Miracle -Gro and the United States Conference of Mayors. CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents to accept a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors for the construction of the Lindale Park Community Garden. B. Ordinance appropriating a $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden and declaring an emergency. BACKGROUND AND FINDINGS: The Mayor's Fitness Council, in conjunction with the Parks and Recreation Department, was awarded one of five grants from Scotts Miracle -Gro and the United States Conference of Mayors to establish a community garden. The MFC will utilize these funds to partner with the Lindale Neighbors, Texas Agriculture Extension Office, to increase access to healthy foods and vegetables by establishing a community garden at Lindale Park located at 3133 Swantner Lane. In addition to the $15,000 grant, Scotts Miracle Gro will provide $10,000 in product to the project as well. There are no matching funds required. ALTERNATIVES: Do not accept grant. OTHER CONSIDERATIONS: The Parks and Recreation Department has secured a commitment from the Lindale Neighbors via their Adopt - a -Park agreement to serve as administrators of the garden plots. CONFORMITY TO CITY POLICY: Appropriation of funds require City Council approval. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 15,000 15,000 Encumbered / Expended Amount This item 15,000 15,000 BALANCE 15,000 15,000 Fund(s): Comments: An additional award of $10,000 Scotts Miracle Gro products is included in the grant award totaling $25,000. RECOMMENDATION: Staff recommends approval of acceptance of grant award. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award; Drawing of Playground Page 1 of 2 Ordinance appropriating a $15,000 grant awarded by Scotts Miracle - Gro and the United States Conference of Mayors in the No. 1067 Parks and Recreation Grant Fund, for the construction of the Lindale Park Community Garden, and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. A $15,000 grant awarded by Scotts Miracle -Gro and the United States Conference of Mayors is appropriated in the No. 1067 Parks and Recreation Grant Fund for construction of Lindale Park Community Garden. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of April, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney 0008 2 1dca40ad -ea2a- 4322- 926d- 59612b0453a0 Page 2of2 Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0008 2 1dca40ad -ea2a- 4322- 926d- 59612b0453a0 Proidoutt ELIZABETH B. 111111L ,Mayor „i Borossillc 10, Pra'vdc:, ART0411112. V211ARA1 Manne,rr socr„i Vice Prrslda„n ACIC H.AEl,A_ Nt1'I -1TR :Mayor tti Philseaplxia 111)11) I.. 4])ELA,4151)\ Mayor „! toto .ills RICI {AR]} M. 411111 1)4,,,,l CONE. TH1J4l.A1 M. :MEN1N0 .May. ,r Rirs, 111'414r!J [.. P(.[SQUI E_I 14 Malaar.,l Akron JOlI;E'11 P. RILEY. Jll Malur„i Clradrn,nr, SC J CHR141 IAN ( ;OIf.WAGE Mayor ar Edioaholti 144114111 AIN ARD R1aFa,r a C,rr, y1, 7'4 A1ICF1;li11. R. COLl:M,AR MApor o(Colombos. 01 -1 MIC K CORNETT M.ry +se 40Hationto Coy 111 FRANK l IN C 011',!E May a1 Des MOH, 81141 IL/STIR; Ma,,e Li Long khosh 1 h1 R1CIC 111 `J R} MAYS MaRti of North Lila: Rock BRENDA L. LiMVR1'C:l:: Mnpor od Snoiixaicid 11 IONIAS C I EPPERT Aloyor Danz 144 1.1:N I. J. ,41111..1)1:2. ' 15 of 4l bon 11cly1rs 111 I13''X 14 n 11 Mzy„r .,r Nchaek, CA 54.:01' 1- 1111111 hlacur .,l Mena ELM N N. \RAI. A €:R MApor 1 8ow1i1 Gran. KY Arisiony bawd. 12A1111 4141 KER Ma e LIORIt Lilts City PLAN CART E15 BLR411 411/ Atioir 4 Hortd ROBERT t 110)VS'r,R 11yror Hot U 1)44'111'1 LI 12,6 .MA 0, ,,d f'naul*irnrc ROBERT CLUCK Mayae arArlington. T\ 10Y COCKER li MAN. 4,1 I 1211.,,d,ls lir. +d, ROBERT DIRTY Al2sio tii R ,1,r1„r, '45 BUDDY L111' Ma1F,c .x'1'411 €andu HILL. INCH Mayon „r 1u,IRopnrs 'ICE 1REl. A (;IN Abp. r,l 6'iz'1,nd„ 11ca i, OSl:.r141 )) GOOHMAN .MA, of Los 4opns JOHN r 4F/. IlIcKE ,4.4OPER .Mo"ar or Do I1,4RV1=Y 101' INS) ) 11 ,yor tif j rk,r, o MS KEVIN J2)11h5)]\ Mayor Li SHrumc,nv ROS*; I.1T "II.PFIELD Mayor „1r':ha, 'ro MARK MARK 11114 2Yr Morn ,,!Cto ro ,mar, JC/9 -1 N 144)11 rS 14 ,,a,e „l 1111ahasso LOPE G. 41OSIL EY 1f,1a,r s11 'A a GAVIN V.6.11;1f)S {aa .MAN. ar San Fnv „x[o 1'RANA C. 01)115 Haigh of Pstn,ba,ko Pings 1)IC;U'.I. A. 4' LIM° MAls,e Li Sm. Ana STEPHANIE RAWLINGS -4 1.e4 :Mawr of .M111,,nrc 11.A1 IL 11. 4,41 4tiAS NIKorr.al Laredo 4'MES I- S21I -IhIl1 4 MAlwrorCrea, 4314 FRANCIS G. SLAY Mayor -1.A St. Louis 11 N[, 11 =i_R 1 511 i"1`!” Counho 14-111.'1 144 F_111 \1; IN Matsu „i Erssuo BRIAN C:. \1'5 - 11.1111 M:,yor of PicruwnY CELT.. INo Ih 1uon OM 1144111454, THE ITED STATES CONFERENCE OF MAYORS 1620 EYE STREET, NORTHWEST WASHINGTON, D.C. 20006 TELEPHONE (202) 293-7330 FAX (202) 293 -2352 URL: www'.usrlrayors.org December 28, 2011 The Honorable Joe Adame Mayor of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 -9277 Dear Mayor Adame: On behalf of The United States Conference of Mayors, may I extend warm congratulations on your outstanding leadership in support of urban livability. I am very pleased to let you know that your city has been awarded the 2012 GRO1000 Gardens and Green Spaces Grant Awards for the Quesada Gardens Initiative . As you know, the GRO1000 Gardens and Green Spaces Grant Awards are sponsored by ScottsMiracle -Gro, and The U.S. Conference of Mayors. The 5 award - winning cities were determined by an independent panel of judges, selected by The U.S. Conference of Mayors. The awards will be officially announced at our Winter Meeting in Washington, DC on Thursday, January 19, 2:00 — 4:15 p.m. during the afternoon Plenary. There will be recognition portion of the program, followed by a group photo on stage with individual posed shots with local ScottsMiracle- Gro representatives just off the stage. We hope very much that you will be able to attend. Award Winners will each receive grants in the amount of $25,000 ($15,000 cash; $10,000 in -kind product provided by Scotts Miracle -Gro). We would appreciate it if you could wait until the January 19th national recognition during the meeting to inform the press of your Grant Award. We will be working with your staff on more details surrounding the winter meeting and the local dedication event and publicity for the award - winning cities. In addition to the national ceremony we look forward to the mandatory local dedication ceremony. The other 2012 winners are listed alphabetically by city Baltimore Mayor Stephanie Rawlings - Blake, Cleveland Mayor Frank Jackson, Columbia (SC) Mayor Steven Benjamin, and Corpus Cristi Mayor Joe Adame. We will be in touch with you soon with some more information. If you have any questions, please contact me at jbogen ©usmayors.orq or (202) 861 -6727. Thank you again and congratulations. Sincerely. Tom Cochran CEO and Executive Director AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Grant appropriation for Senior Community Services Elderly Nutrition Program CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. This request is year two of a three year contract with the Coastal Bend Area Agency on Aging. The Area Agency on Aging of the Coastal Bend is issuing the first installment of the grant in the amount of $160,431 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services, Elderly Nutrition Program from October 1, 2011 through September 30, 2012. Additional funds will be issued through September 2011. Total anticipated funding is $718,988 for FY '12. This grant requires a minimum of 10% City matching funds, which were appropriated as part of the Senior Center Operations' FY12 budget. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. Senior Center Supervisors and program administrators are Certified Benefits Counselors who provide one -on -one information about both public benefits and private health insurance. The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well - balanced noon meal to senior center members and homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 105,016 congregate meals; 103,073 home delivered meals; 50,235 Title XX Meals on Wheels, and 230 hours of Benefits Counseling service units during fiscal year October 2011 through September 2012. Senior Center Operations are supported solely through the City's General Fund and offer a comprehensive lifestyle enhancement component which includes assessment; recreation /leisure activities; health and wellness programs; nutrition education; advocacy; health education; community education; access and assistance; outreach; referrals; emergency transportation and escort; special interest classes, a SeniorNet Computer Technology Center and special events. ALTERNATIVES: Reject the grant award. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $160,431 $160,431 BALANCE $160,431 $160,431 Fund(s): Comments: Click here to enter text. RECOMMENDATION: Staff recommends acceptance of the grant from the Area Agency on Aging of the Coastal Bend for the continuation of the Elderly Nutrition Program. LIST OF SUPPORTING DOCUMENTS: Notification of Funds Available Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first federal installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or City Manager's designee is authorized to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first federal installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott / /Area Agency ��n Aging IBE COASTAL BEND COASTAL BEND e�s�our`c�e Center MM.etlr /G late De rrtnmlW 1feelt.nd Hunan Service, COASTAL BEND COUNCIL OF GOVERNMENTS emorandum To: Elsa Munoz City of Corpus Christi — Senior Community Services From: Betty Lamb Date: December 13, 2011 Re: Notification of FY12 Funds Available — NFA #1 The enclosed award represents your first allocation of funds for FY12 made available to the Coastal Bend by the Texas Department of Aging and Disability Services (DADS) for Older Americans Act Services. The award period for these funds is October 1, 2011 through September 30, 2012. Additional partial awards for FY12 will be issued as funding becomes available by the Coastal Bend Council of Governments. cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C. Old 0 Orivef0ocumenlel Adm InfEWWNFA 1FY2012INFp1lMem O_12 -13 -11 LOCATION; 2910 LEOPARD STREET; CORPUS CHIRSTI, TEXAS 78408 PHONE; (361) 883 -3935 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI, TEXAS 78469 TOLL FREE: 1 -800- 817 -5743 www.aaacoastalbend.org FAX: (361) 883 -5749 The Area Agency on Aging is funded in part by the Texas Department of Aging and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND Physical: 2910 LEOPARD STREET; CORPUS CHRISTI, TEXAS 78408 Mailing: POST OFFICE BOX 9909; CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: DATE: December 13, 2011 Ms. Elsa Munoz City of Corpus Christi Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 CONTRACT PERIOD: Oct. 1, 2011 - Sept. 30, 2012 CONTRACT NUMBERS: AA3- 1148 -4 AWARD ISSUANCE NUMBER: 1 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments -- Area Agency on Aging for the period October 1, 2011 through September 30, 2012. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, .proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM FY12 Prior Contract Award $ - 0 - FY12 Title III Award this Action (1) $ 80,316 FY12 NSIP Award this Action (2) $ - 0 - FY12 Cumulative Award $ 80,316 MEALS IIICIISGRINSIP HOME DELIVERED $ - 0 - MEALS IIIC2ISGRINSIP $ 75,722 $ - 0 - $ 75,722 SUPPORTIVE SERVICES IIIB $ - 0 - $ 4,393 $ - 0 - $ 4,393 TOTAL AWARD ... $ - 0 - $160,431 $ - 0 - $160,431 V (1) This award represents partial funding for FY12 based on funds awarded to CBCOG -AAA through December 5, 2011. Additional funds will be awarded as additional awards are received from DADS. John P. Buckner, Executive Director Coastal Bend Council of Governments cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C.10Id O•GtIVelDacumantalAdminlBetlylNFA IFY20124NFAIIGOFGG_12.17.11, doc AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Grant appropriation for Senior Community Services Elderly Nutrition Program CAPTION: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $160,431 grant awarded by the Area Agency on Aging of the Coastal Bend for the first installment of FY 2012 funding for the Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. This request is year two of a three year contract with the Coastal Bend Area Agency on Aging. The Area Agency on Aging of the Coastal Bend is issuing the first installment of the grant in the amount of $160,431 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services, Elderly Nutrition Program from October 1, 2011 through September 30, 2012. Additional funds will be issued through September 2011. Total anticipated funding is $718,988 for FY '12. This grant requires a minimum of 10% City matching funds, which were appropriated as part of the Senior Center Operations' FY12 budget. Locally, these projects include the Elderly Nutrition Program (Congregate and Home Delivered Meals), Title XX Meals on Wheels and Benefits Counseling. Senior Center Supervisors and program administrators are Certified Benefits Counselors who provide one -on -one information about both public benefits and private health insurance. The Elderly Nutrition Program coordinates the congregate and home delivered meals operations to provide a fully prepared, well - balanced noon meal to senior center members and homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 105,016 congregate meals; 103,073 home delivered meals; 50,235 Title XX Meals on Wheels, and 230 hours of Benefits Counseling service units during fiscal year October 2011 through September 2012. Senior Center Operations are supported solely through the City's General Fund and offer a comprehensive lifestyle enhancement component which includes assessment; recreation /leisure activities; health and wellness programs; nutrition education; advocacy; health education; community education; access and assistance; outreach; referrals; emergency transportation and escort; special interest classes, a SeniorNet Computer Technology Center and special events. ALTERNATIVES: Reject the grant award. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $160,431 $160,431 BALANCE $160,431 $160,431 Fund(s): Comments: Click here to enter text. RECOMMENDATION: Staff recommends acceptance of the grant from the Area Agency on Aging of the Coastal Bend for the continuation of the Elderly Nutrition Program. LIST OF SUPPORTING DOCUMENTS: Notification of Funds Available Page 1 of 2 Ordinance appropriating a $160,431 grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That a grant in the amount of $160,431 from the Area Agency on Aging of the Coastal Bend is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Senior Community Services, Elderly Nutrition Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Page 2 of 2 Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez / /Area Agency ��n Aging IBE COASTAL BEND COASTAL BEND e�s�our`c�e Center MM.etlr /G late De rrtnmlW 1feelt.nd Hunan Service, COASTAL BEND COUNCIL OF GOVERNMENTS emorandum To: Elsa Munoz City of Corpus Christi — Senior Community Services From: Betty Lamb Date: December 13, 2011 Re: Notification of FY12 Funds Available — NFA #1 The enclosed award represents your first allocation of funds for FY12 made available to the Coastal Bend by the Texas Department of Aging and Disability Services (DADS) for Older Americans Act Services. The award period for these funds is October 1, 2011 through September 30, 2012. Additional partial awards for FY12 will be issued as funding becomes available by the Coastal Bend Council of Governments. cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C. Old 0 Orivef0ocumenlel Adm InfEWWNFA 1FY2012INFp1lMem O_12 -13 -11 LOCATION; 2910 LEOPARD STREET; CORPUS CHIRSTI, TEXAS 78408 PHONE; (361) 883 -3935 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI, TEXAS 78469 TOLL FREE: 1 -800- 817 -5743 www.aaacoastalbend.org FAX: (361) 883 -5749 The Area Agency on Aging is funded in part by the Texas Department of Aging and Disability Services NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND Physical: 2910 LEOPARD STREET; CORPUS CHRISTI, TEXAS 78408 Mailing: POST OFFICE BOX 9909; CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: DATE: December 13, 2011 Ms. Elsa Munoz City of Corpus Christi Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 CONTRACT PERIOD: Oct. 1, 2011 - Sept. 30, 2012 CONTRACT NUMBERS: AA3- 1148 -4 AWARD ISSUANCE NUMBER: 1 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments -- Area Agency on Aging for the period October 1, 2011 through September 30, 2012. The funds awarded under this addendum are for the above period in the amount(s) shown below. It is understood and agreed by the Subcontractor that any payment thereunder, shall be for services provided in accordance with all requirements set forth in the referenced contract. The Subcontractor certifies upon request for any funds awarded under this addendum that the Subcontractor is not debarred, .proposed for debarment, suspended, ineligible, or voluntarily excluded from participation in this contract by any federal department or agency or by the State of Texas. PROGRAM FY12 Prior Contract Award $ - 0 - FY12 Title III Award this Action (1) $ 80,316 FY12 NSIP Award this Action (2) $ - 0 - FY12 Cumulative Award $ 80,316 MEALS IIICIISGRINSIP HOME DELIVERED $ - 0 - MEALS IIIC2ISGRINSIP $ 75,722 $ - 0 - $ 75,722 SUPPORTIVE SERVICES IIIB $ - 0 - $ 4,393 $ - 0 - $ 4,393 TOTAL AWARD ... $ - 0 - $160,431 $ - 0 - $160,431 V (1) This award represents partial funding for FY12 based on funds awarded to CBCOG -AAA through December 5, 2011. Additional funds will be awarded as additional awards are received from DADS. John P. Buckner, Executive Director Coastal Bend Council of Governments cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 Corpus Christi, Texas 78469 C.10Id O•GtIVelDacumantalAdminlBetlylNFA IFY20124NFAIIGOFGG_12.17.11, doc AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 5/11/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Texas Music Office — Texas Live Music grant application CAPTION: Resolution authorizing the City Manager or designee to submit a grant application to the State of Texas, Governor's Office, Texas Music Office, in the amount of $3,000 for the Bay Jammin' 2012 Concert series. BACKGROUND AND FINDINGS: The Texas Music Office of the Governor's Office is soliciting applications for the Texas Live Music Grant Program to provide free live music to the general public. There is no required match for this program. The Corpus Christi Bay Jammin' Concert Series has been providing a variety of free live music to the public for over 20 years, mostly during the summer months. The concerts are held at the Anderson Amphitheater in Cole Park. ALTERNATIVES: Reject the resolution to apply for grant funds. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council resolution is required to accept grant funds. Some grant applications require Council resolution to apply for grant funds. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the City Manager or designee to submit a grant application to the State of Texas, Governor's Office, Texas Music Office, in the amount of $3,000 for the Bay Jammin' 2012 Concert series. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that it is in the best interest of the citizens of Corpus Christi, Texas, that the Bay Jammin' concerts be provided during 2012. Section 2. In the event of the loss or misuse of these funds, the City of Corpus Christi City Council assures that the funds will be returned to the State of Texas, Governor's Office, Texas Music Office in full. Section 3. The City Manager, or designee, is authorized to submit a grant application to the State of Texas, Office of the Governor, Texas Music Office, in the amount of $3,00.00 for the Bay Jammin' 2012 Concert series. Section4. The City Manager, or designee, is authorized to apply for, accept, reject, alter, or terminate the grant on behalf of the City. Section 5. The City Council for the City of Corpus Christi approves the submission of the grant application for the Bay Jammin' 2012 concert series to the Governor's Office, Texas Music Office. Section 6. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: 5/11/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 YMCA agreement with Park and Recreation Department for usage of TC Ayers Pool for summer aquatic programs. CAPTION: Ordinance authorizing the City Manager, or designee, to execute lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs; and declaration of emergency. BACKGROUND AND FINDINGS: The YMCA operates the TC Ayers Swimming Pool, city facility, for outreach services throughout the summer months. In addition to neighborhood residents and their own program participants, the YMCA offers free swimming and free lessons during the summer months June and July to participants at the Ben Garza Recreation Center. ALTERNATIVES: Do not approve the agreement and do not provide services at the facility during the summer months. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: City Council must authorize the City Manager or his designee to execute the necessary documents to allow for a one -year agreement with extensions for up to two additional summer periods of TC Ayers Pool. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: This item will not have any impact on operating budget. RECOMMENDATION: Staff recommends approval of lease agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance, Lease Ordinance authorizing the City Manager, or designee, to execute lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs; and declaration of emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas that SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of the T. C. Ayers Pool and adjacent grounds for summer 2012 and two additional summer periods, for YMCA's operation of free summer swim programs. A copy of the lease is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: By: Lisa Aguilar, Assistant City Attorney for City Attorney Joe Adame Mayor Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF THE COASTAL BEND THE STATE OF TEXAS § § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This Agreement made and entered into the day of between the City of Corpus Christi (hereinafter referred to as the (CITY) and the YMCA of the Coastal Bend (hereinafter referred to as the YMCA). WHEREAS, the "CITY" is a Texas home rule municipal corporation (`City'), acting through its duly authorized City Manager or designee (`City Manager'); WHEREAS, the "YMCA ", is a Texas non - profit corporation organized as a tax exempt charitable organization under Internal Revenue Code section 501 -3(C) and existing in good standing under the laws of the State of Texas; WHEREAS, the CITY owns and maintains T.C. Ayers Pool 926 Coke St. and adjacent grounds in Corpus Christi, Nueces County, Texas ( "Premises "); WHEREAS, the CITY and YMCA wish to enter into an Agreement for YMCA to use the Premises at T.C. Ayers Pool and adjacent grounds 926 Coke St for a swimming program; WHEREAS the CITY wishes to bring summer camp participants from Ben Garza Gym, 1815 Howard, and Solomon Coles Recreation Center, 924 Winnebago, to T.C. Ayers Pool and adjacent grounds 926 Coke St for recreational swim; NOW, THEREFORE, City and YMCA, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Initial Term. Subject to the remaining terms and conditions hereof, City agrees to provide YMCA with use of T.C. Ayers Pool and adjacent grounds located at 926 Coke St beginning on the June 5, 2012, and terminate August 11, 2012. This lease may be renewed for up to two additional summer periods upon written agreement of the City Manager and YMCA Executive Director. Use during the renewal periods is subject to the same terms and conditions set forth herein. Section 2. Contact Person /Agreement Administrator. For this agreement the CITY's contact person and Agreement administrator is the Director of Park and Recreation ( "Director ") or the Director's designee. Section 1 Premises and Improvements. The CITY under agreement with the YMCA will provide the Premises, as described and delineated in Exhibit "A ", which is attached and incorporated in this Agreement by reference, and including, without limitation, all other 1 improvements to the Premises ( "Improvements "), such as the fences, irrigation systems, and the grassed areas. The CITY will turn the Premises over to the YMCA on June 5, 2012. The City will present the YMCA a pool that is clean and in operating condition. The YMCA will return the property at the end of the Agreement to the CITY. The property will be presented by the YMCA in clean operating condition and as originally presented; less wear and tear of summer use. Section 4. Consideration. In consideration of the CITY's grant of use of CITY property known as T.C. Ayers Pool as described in Exhibit "A ", the YMCA will operate a swimming program free to the public within the dates of June 5, 2012 through August 11, 2012at the T. C. Ayers Pool, with minimum operation hours of 1:00 p.m. to 4:45 p.m., Tuesday through Saturday. YMCA shall notify Parks Director prior to any changes to YMCA hours of operation. As additional consideration, YMCA must maintain the Premises and all Improvements in accordance with all maintenance rules, with respect to this Agreement, set out by the City Manager in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of the Agreement. At a minimum, maintenance includes: A. YMCA shall pick up and properly dispose of litter on a daily basis during YMCA's exclusive use periods; B. YMCA must immediately report any vandalism occurring at the Premises to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; C. YMCA must ensure, at all times, that parking by YMCA staff and participants is confined to designated parking areas only; D. The City shall provide normal, scheduled mowing of the grassed areas of the Premises; however, YMCA shall treat, or otherwise eliminate, during the term of this Agreement any grass or weeds that grow through cracks in the concrete and pool decking inside the fenced areas of the Premises; E. YMCA will perform a chemical check of the pool's water every two hours during YMCA's exclusive use periods to ensure that the pool water meets the standards found in the City's Code of Ordinances, Section 23 -57, as amended, copy attached as Exhibit C. Following the conclusion of each chemical check, YMCA must ensure that the Park Operations Division of the City's Park and Recreation Department is notified so that Park Operations staff may make any necessary chemical adjustments in the quality of the pool's water. The City will perform chemical checks and chemical adjustments of the pool's water at all other times during the term of the Agreement; F. YMCA will maintain a daily chemical log, including the times at which pool chemical checks are made and related results of each chemical check, during YMCA's exclusive use periods; 2 G. YMCA will vacuum (with YMCA supplied vacuum) the pool, remove debris from the water, and sweep the pool area as needed during the YMCA's exclusive pool use periods. H. YMCA will inspect the pool's restrooms daily during YMCA's exclusive use periods; I. City will provide the following equipment: Backboard, oxygen, and guard chairs. YMCA will provide all other equipment required by Section 23 -57 as well as life vests, and guard equipment. J. YMCA will clean and disinfect the pool's restrooms daily during YMCA's use of pool. Section 5. Joint Use. A. The City retains joint use of the Premises and Improvements during the term of this Agreement, subject to YMCA's right to exclusive control of the Premises during its use for swimming program purposes ( "exclusive use periods "). B. Participants from the Ben Garza Gym and Solomon Coles Recreation Center summer programs will utilize T.C. Ayers Pool for open swim at no charge. Site supervisors from each facility will contact the YMCA each week to indicate the approximate number of participants who will visit the pool during the summer programs. However, YMCA may charge a user fee of $3.00 per child to other large organized groups with 30 or more swimmers who use the pool as a field trip or organized group activity. Section 6. Primary Purpose. YMCA must establish and maintain a swimming program free to the public with the primary purpose being the use of the swimming pool and for no other purpose without the Director's prior written approval. Section 7. Hours of Operation. YMCA will operate the pool, at a minimum, from Tuesday through Saturday from 1:00 pm to 4 :45 pm. Section 8. Operating Safely. A. YMCA covenants that it will operate the Premises in a safe manner. YMCA shall at all times when pool is open for public use have on duty at least two (2) lifeguards who hold an American Red Cross advanced life- saving certificate. YMCA shall be responsible for ensuring compliance by itself and its agents, representatives, and employees with the water safety and equipment provisions prescribed in the City's Code of Ordinances, Sections 23- 57(5), (6), and (8), as amended, and Section 23 -58, as amended, during YMCA's exclusive use periods. Section 23 -57 and Section 23 -58 are attached as Exhibit C. B. In addition to the above, YMCA shall have on the Premises, at all times during its exclusive use periods, at least one spinal backboard capable of carrying an adult. 3 Section 9. Sims. A. YMCA shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ( "Signs ") on the Premises or on any Improvements without the Director's prior written approval. One week prior to YMCA's exclusive use of the facility, YMCA will deliver a list of signs to be posted at the facility for Director's review and approval. B. If YMCA signs are approved, the Director, in writing, may require YMCA to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or re- painted within ten (10) days of Director's written demand, City may do or cause the work to be done, and YMCA will pay City's costs within thirty (30) days of receipt of Director's invoice. Section 10. Advertising. The Director has the right to prohibit any advertising by. YMCA which impairs the reputation of the Premises or the CITY. Section 11. Security. YMCA shall contract and pay for any and all security it requires during its hours of operation for the term of this Agreement. Section 12. Inspection and Maintenance. A. The City shall maintain the mechanical equipment and facility structure of the T. C. Ayers Pool during this Agreement. The City Manager or the Director, or their respective designee, has the right to inspect the Premises at any time. B. The YMCA has the right to request in writing compliance for the proper maintenance of the mechanical equipment and facility structure of the pool. The CITY will respond in regard to the actions to be taken and appropriate deadlines for the action within five business (5) days after receipt of the request. YMCA may, with the CITY's prior written permission, undertake the maintenance repairs; and in such event, the CITY shall pay YMCA's reasonable costs within 30 days of receipt of invoice. Section 13. Non - Discrimination. YMCA and CITY shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs related to this Agreement, on the grounds of race, religion„ national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The CITY Director and/or YMCA C.E.O. retain the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 14. Compliance with Laws. A. YMCA and CITY must comply with all applicable Federal, State, County, and City laws, rules, regulations, and ordinances which may be applicable to its operation at the Premises and its performance under this Agreement. This Agreement is also subject to applicable provisions of the CITY Charter. 4 B. All actions brought to enforce compliance will be brought in. Nueces County, State of Texas where this Agreement was executed and will be performed. Section 15. Noncompliance Costs. Noncompliance with the terms of this Agreement may result in termination of this Agreement and repossession of the Premises and its Improvements by City or its agents. If City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, YMCA shall pay all CITY's court costs and expenses, including reasonable attorneys' fees. Section 16. Indemnity. YMCA must fully indemnify, save and hold harmless the CITY, its officers, employees, and agents (collectively herein referred to as "Indemnitees ") against any and all liability, damage, loss, claims, expenses, costs, judgments, demands and actions of any nature whatsoever on account of injury or damage to person (including, without limitation on the foregoing, premises defects, workers compensation, and death claims), or property loss or damage of any kind whatsoever which arise out of or are in any manner connected with, or are claimed to arise out of or be in any way connected with, wither proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by Indemnitor's officers, employees, agents, representatives, servants, contractors, patrons, licensees, or invitees entering upon the Premises for swimming program - related activities undertaken pursuant to this Agreement; or when any said injury or damage is the result, proximate or remote, in whole or in part, of the violation by Indemnitor, or any Indemnitor's agents, representatives, servants, employees, contractors, patrons, licensees, or invitees of any law, ordinance or governmental order of any kind. YMCA covenants and agrees that if Indemnitees, or any of them, are made a party to any litigation against YMCA or in any litigation commenced by any party, other than YMCA relating to this Agreement, YMCA shall upon receipt of reasonable notice regarding commencement of litigation and its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend Indemnitees, or any of them, in all actions based thereon with legal counsel satisfactory to Indemnitees, and pay all charges of attorney's and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action, Section 17. Insurance. A. YMCA must secure and maintain at YMCA's expense, during the term of this agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit "B," which is attached to this Agreement and incorporated in this Agreement by reference. B. YMCA must provide proof, by Certificate of Insurance meeting the limits and requirements set out Exhibit "B ", to the Director and Risk Management prior to commencing use of the Premises or joint operation of programs under this agreement. C. YMCA must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverage required in this 5 Agreement. D. YMCA shall, during the term of this Agreement, provide copies of all insurance policies to the City Manager or the Director upon request. E. YMCA shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 9.A. set out in this Agreement. (exclusive to T.C. Ayers pool) F. Failure to maintain such insurance at the limits and requirements shown on Exhibit `B" constitutes grounds for termination of this Agreement. Section 18. No debts. CITY or YMCA must not incur any debts or obligations on the credit each others behalf during the term of this agreement. Section 19. Termination. A. Either the City or YMCA may terminate this Agreement without cause by giving thirty (30) days written notice to the non - terminating party. B. If there is noncompliance with one or more of the provisions contained herein, either party may give written notice to the other party to cure or begin curing the default(s) within ten (10) days of receipt of notice. If there is not compliance or substantial compliance with each provision identified within ten( 10) days of receiving said notice, the complying party may terminate this Agreement for cause by providing written notice of termination to the non- complying party and listing one or more areas of continued noncompliance. Section 20. Notice. A. All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; or (3) by fax transmission. B. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by fax transmission will be deemed effective upon transmission will be deemed effective upon transmission, with proof of delivery. C. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Park & Recreation P.O. Box 9277 Corpus Christi, TX 78469 Fax Number: 826 -3864 IF TO YMCA YMCA of the Coastal Bend Attn: Jim Scoville, Executive Dir. 417 S. Upper Broadway Corpus Christi, TX 78401 Fax Number: 882 -1427 6 D. Either party may change the address to which notice is sent by using a method set out above. All parties will notify each other of an address change within thirty (30) days after the address is changed. Section 21. Reporting. YMCA shall submit annual reports to the Parks Director, listing the number of participants of its swimming program, during the term of this Agreement. CITY shall submit annual reports to the YMCA Executive Director, listing the number of participants during the term of this Agreement. The reports are due by September 15th of each Agreement year. Section 22. Construction and Reconstruction Funds. A. If the City receives funds to construct or reconstruct Improvements at the Premises, YMCA covenants to vacate the portion or portions, up to and including the entirety, of the Premises involved in the construction or reconstruction, should the director deem it necessary, upon thirty (30) days written notice from the Director. The Director, in his sole discretion, shall make the determination as to the size and dimensions of the portion or portions to be vacated with a consideration toward the safety of participants. B. YMCA has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. City has no obligation to provide an alternate location for YMCA during the Improvements construction or reconstruction period. The consideration for YMCA relinquishing all rights to use the Premises and Improvements during the construction and reconstruction period is the City's construction or reconstruction of the Improvements for YMCA's benefit. Once construction or reconstruction of the Improvements is complete, the Director will notify YMCA, in writing, of the date on which the Premises and Improvements are once again available to YMCA. YMCA's term will not change nor increase if the City requests YMCA to vacate the Premises as set out herein. Section 23. Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the wavier of any provision will be valid unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 24. Waiver. A, The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any its rights hereunder. No waiver of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. B. If any action by the YMCA requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval or approval of the same or any other action at any other occasion. Any waiver or indulgence of YMCA's default of any provision of the Agreement shall not be considered an estoppels against the City. 7 C. It is expressly understood that, if at any time YMCA is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of any rights and remedies which the City may at any time avail itself of said rights and remedies or elect to terminate this Agreement on account of said default. Section 25. Force Majeure. No party to this Agreement will be liable for failures and delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 26. Assignment and Sub Agreement. This Agreement may not be, in whole or in part, assigned, transferred, or subject directly or indirectly without the prior written consent of the City. Section 27. Publication. YMCA agrees to pay the cost of the newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 28. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. Section 29. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement or by a final judgment of a court competent jurisdiction, then the remainder of this Agreement, or the application of said term or provisions or circumstances other than those as to which is held illegal, invalid, or unenforceable, will not be affected hereby, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof 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 or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 30. Participant Release forms. YMCA shall include the City of Corpus Christi, its officers, agents, employees, in the list of Released Parties on the YMCA Participant Release form if the YMCA participant will be using the City facilities described herein for a YMCA sponsored program. 8 Section 31. No warranty of quiet enjoyment. Lessor does not warrant that YMCA shall peaceably and quietly have, hold and enjoy the Premises for the term mentioned in the lease. Section 32. Appropriation of Funds. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. This Agreement may be terminated by the City without penalty if sufficient funds are not appropriated to meet the City's obligations herein. Section 33. Utilities and Trash Pickup. City shall be responsible for payment of electric, water, wastewater and gas utilities for the Premises. YMCA is responsible for contracting and payment for trash pickup services. Section 34. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the CITY and YMCA for the purpose granted. All other agreements, promises, representations , and understandings, oral or otherwise, which reference to the subject matter hereof, unless contained in this Agreement are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and relating to YMCA's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Ronald L. Olson, City Manager APPROVED AS TO LEGAL FORM this 1°1 day of By: q°_,,v1 / , -I Lisa Aguilar, A..tant City Attorney For City Attorney YOUNG ME 'CHRIST By: Nam :s2-e( .c- Q I4 ►!ASSOCIATION OF THE COASTAL BEND // 2012 9 Date: c3q—ci' 2012 STATE OF TEXAS COUNTY OF NUECES § Before me, on this day personally appeared(G�w,- OfAir� e ! 11)) e- who, by either personal knowledge or by proof of identification, is known to me to be the person whose name is subscribed to the foregoing instrument and hereto acknowledged to me that he executed the same for the purpose and consideration and in t e capacity therein expressed. Given under my hand and seal of office this tt ' day of * "•�s M. ISABEL HUERTA • Notary Public OF TEXAS 0 e ' My Comm. EExp. 0?-17-2013 , 2012. 3-4.10 Notary Pu lie, State o exas i� )bJUtt 1-4, Printed Name Commission expires: 6'7. 0'7, 7v/ 3 10 EXHIBIT A MARTIN LUTHER KING W. ir I ir: ; : :, EXHIBIT B INSURANCE REQUIREMENTS SECTION I. YMCA'S LIABILITY INSURANCE A. YMCA must not commence work under this permit until all insurance required herein has been obtained and the insurance has been approved by the City. YMCA must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. YMCA must furnish to the City's Risk Manager: two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy, and a blanket waiver of subrogation is required on all applicable policies. .1.4agr. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsements Bodily Injury and Property Damage Per occurrence / aggregate limit Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/ Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Auto Liability 1. Owned Vehicles 2. Hired & Non -owned Vehicles At a minimum $25,000 per person 1$50,000 per occurrence for Bodily Injury and $25,000 for property damage WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required when YMCA employs any person other than himself /herself: MUST COMPLY WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,0001$500,000 /$500,000 11 C. In the event of accidents of any kind related to this agreement, YMCA must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of the accident. 11. ADDITIONAL REQUIREMENTS A. YMCA must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. YMCA's financial integrity is of interest to the City; therefore, subject to YMCAs right to maintain reasonable deductibles in such amounts as are approved by the City, YMCA shall obtain and maintain in full force and effect for the duration of this agreement and any extension hereof, at YMCA's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). YMCA shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. YMCA shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. YMCA agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 12 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, YMCA shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend YMCA'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 agreement. F. In addition to any other remedies the City may have upon YMCA'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 YMCA to stop work hereunder, and/or withhold any payment(s) which become due to YMCA hereunder until YMCA demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which YMCA may be held responsible for payments of damages to persons or property resulting from YMCA's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that YMCA'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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2012 YMCA Use of iC Ayers pool ins. req. 3 -5 -12 ep Risk Mgmt. 13 Exhibit C Sec. 23 -57. Swimming pool standards. The following rules pertaining to swimming pools shall be in full force and effect: (1) Definitions. For the interpretation and enforcement of these regulations the following definitions shall apply: (a) "Property swimming pool ": Any swimming pool, other than a private pool appurtenant to a single - family, duplex, condominium, or townhouse residence used only by the occupants of the residence and their guests. (b) "Swimming pool ": Any structure or excavation more than twenty -four (24) inches in depth, either indoors or outdoors, used or suitable to be used for bathing or swimming purposes, together with buildings, equipment and appurtenances used in connection therewith. (c) "Wading pool ": An artificial pool with a maximum depth of twenty -four (24) inches intended primarily for use by children, requiring recirculation and chlorination. (d) "Turbidity ": CIouded or cloudy; not clear or translucent; muddled; not lucid. (2) Unsanitary pools declared a public nuisance. Failure of any person responsible therefor to maintain any swimming pool or wading pool, including private residential pools, in a safe, sanitary condition is hereby prohibited and declared to be a public nuisance within the City of Corpus Christi, Texas. (3) Inspections; fee, (a) Inspections. Any authorized representative of the health department of the City of Corpus Christi, Texas, may enter upon any and all parts of the premises of such swimming places, to make examinations and investigations of the sanitary conditions of such places and of such compliance with the provisions of these regulations. Property swimming pools that were in operation before the adoption of the swimming pool ordinance shall have a maximum of one year from the date the ordinance passed in which to comply with said ordinance. Failure to comply within the time stated shall constitute grounds for the immediate closing of the swimming pool until satisfactory compliance is achieved. (b) Inspection fee. An annual inspection fee of one hundred twenty -five dollars ($125.00), payable on or before April 1 of each year, must be paid for each property swimming pool. The director of public health shall establish procedures for collecting the fee. No person may operate a property swimming pool unless the pool's annual inspection fee has been paid. Each day of operation in violation of this section constitutes a separate offense. (4) Physical quality; disinfection and pH. (a) Physical quality of water. The surface of the pool water shall be kept free of scum and foreign floating matter. The bottom and sides of the pool shall be maintained free of sediment, dirt, slime and algae. Water in the pool shall be maintained free of turbidity at all times. The water, at all times, shall be sufficiently clear to permit a black disc six (6) inches in diameter on a white field, when placed on the bottom of the pool at the deepest point, to be clearly visible from the deck of the pool at all distances up to ten (10) yards measured from a line drawn across the pool through the disc. (b) Facilities. Areas surrounding pools, including bathhouses, dressing rooms, toilets, shower stalls, and lounging areas shall at all times be kept clean and in a state of proper 14 repair. (c) Disinfection. A minimum of not less than 0.2 ppm and a maximum of 0.5 ppm residual chlorine shall be maintained at all times. If other chemical means of water purification are used, comparable levels must be maintained at all times. When cyanuric acid is used as a stabilizer the range of available chlorine should be 1.0 to 1.5 ppm corresponding to acid levels of 25 to 45 ppm. (d) pH. Water pH shall be maintained at a level of 7.2 to 7.6. (e) Bacterial quality. Not more than twenty (20) per cent of the culture tubes of single samples tested shall show the presence of coliform organisms or not more than four (4) coliform organisms shall be present in one hundred (100) milliliters of any single sample tested, (f) Health hazard and/or public nuisance. During the period of inactivity, if the pool remains uncovered, standards which will not permit a health hazard and/or public nuisance to exist must be maintained, water pH from 7.2 to 7.6 and a chlorine residual of 0.2 to 0.5 ppm, available chlorine, and free from turbidity and algae. However, canvas or other suitable type of covering strong enough to support a person of two hundred (200) pounds, properly staked, may be employed during periods of inactivity in Lieu of the above standards. (5) Safety requirements; lifesaving equipment. (a) Swimming pools operated primarily for unorganized use and having an area of more than two thousand two hundred and fifty (2,250) square feet of water surface area shall be provided with an elevated lifeguard platform or chair. In pools with four thousand (4,000) square feet or more of water surface area, additional elevated chairs or stations shall be provided, located so as to provide a clear, unobstructed view of the pool bottom in the area under surveillance. (b) One (1) unit of lifesaving equipment shall consist of a ring buoy not more than fifteen (15) inches in diameter to which shall be attached a sixty -foot length of three- sixteenths- inch rope, and a life pole or shepherd's crook type of pole having blunted ends with minimum length of twelve (12) feet. Not less than one (1) unit of equipment, as above, shall be provided at every property swimming pool. One unit shall be presumed to be adequate for two thousand (2,000) square feet of water surface area, and one (1) additional unit shall be provided for each additional two thousand (2,000) square feet or major fraction thereof of water surface area where there is no lifeguard on duty. (c) A standard twenty - four -unit first aid kit shall be readily accessible to every swimming pool and directions to the location of said kit shall be posted in such a manner as to be clearly visible from the pool deck and protected against the elements. (d) Lifesaving equipment shall be mounted in conspicuous places, distributed around swimming pool deck, at lifeguard chairs, or elsewhere, readily accessible, its function plainly marked and kept in repair and ready condition. Bathers or others shall not be permitted to tamper with, use for any purpose other than its intended use, or remove such equipment from its established location. (e) Where no lifeguard service is provided, a warning sign shall be placed in plain view and shall state "Warning - -No Lifeguard on Duty" with clearly legible letters at least four (4) inches high. In addition, the sign shall also state "No children allowed without an adult present ". (f) There shall be a telephone readily accessible to every swimming pool. Telephone 15 numbers of the nearest ambulance station and physician's office shall be posted near the telephone. Directions to the location of said telephone shall be posted in such a manner as to be clearly visible, form the pool deck and protected against the elements. (g) In above ground pools, the stile shall be removed when the pool is not in use. (h) There shall be a diagrammatic illustration of artificial respiration procedures posted at every swimming pool in such a manner as to be clearly visible from the pool deck and protected against the elements. (6) Depth warning signs at privately and publicly owned bathing places. Every person owning or controlling any bathhouse, bathing pier or swimming pool within the city, where persons are permitted to bathe, whether a fee or charge is made therefor or not, shall place upon such bathhouse, pier or pool at distances not more than fifty (50) feet apart, and in conspicuous places, signs showing the usual depth of the water or the depth at low tide at that point, and warning the public from jumping or diving into the water if the depth is too shallow, and shall also place in each dressing room of such establishment signs warning the public against diving or jumping into the water at any point except where there is sufficient depth of water designated by proper signs under the provisions hereof. (7) Applicability of subsections (4) through (6) to certain bathhouses, piers or swimming pools. Nothing in subsections (4) through (6) of this section shall be construed so as to apply to bathhouses, piers or swimming pools used exclusively by the owner thereof and his family. (8) Pool enclosure required. (a) All swimming pools and wading pools shall be completely enclosed by a fence, wall, or screen enclosure not less than four (4) feet in height. A building may be used as a part of such enclosure. All doors or gates in such enclosure which are accessible to the general public shall be equipped with self- closing and self - latching devices which operate to keep the gate or door securely closed at all times when not in actual use. Fences and walls of such enclosure shall be so designed as to eliminate any openings, holes, or gaps in such enclosure which would permit the passage of a sphere six (6) inches in diameter. Pools completely enclosed within buildings to which access by the general public is controlled, pools constructed above the ground floor of buildings to which access by the general public is controlled, or pools maintained within completely fenced or enclosed apartment complexes equipped with self - closing and self - latching devices on all gates or doors leading directly to the pool area accessible to the general public, shall be considered to be in compliance with the requirements of this subsection. City of Corpus Christi building inspectors may make determinations that natural barriers or obstructions such as bays, rivers, cliffs, seawalls or bulkheads are sufficient to be used as part of a pool enclosure under this subsection. (b) No final inspection shall be approved on any swimming pool or wading pool constructed after the effective date of this section unless, upon final inspection by the building division, the inspector is satisfied that the enclosure requirements of this section have been met. (c) No swimming pool or wading pool in existence prior to the effective date of this section shall be maintained in existence without being brought into compliance with subsection (a) of this section after six (6) months from the effective date of this section. (d) Maintenance of any swimming pool or wading pool in violation of the provisions of this 16 section is prohibited, and any such pool is declared to be a public nuisance within the City of Corpus Christi, Texas. Violation of this section is declared to be a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00) for each . day of violation, and each day of violation is declared to be a separate offense. (Code 1958, § 9 -3; Ord. No. 13540, § 1 (A), 12 -29 -1976; Ord. No. 18544, §§ 1, 2, 11 -6 -1984; Ord. No. 20492, § 1, 10 -11 -1988; Ord. No. 20636, § 1, 3 -28 -1989; Ord. No. 24532, § 3, 7 -24 -2001; Ord. No. 025869, § 1, 7 -27 -2004; Ord. No. 026902, § 1, 7 -25 -2006) Sec. 23 -58. Lifeguard required at publicly owned bathhouse or public swimming pool. Any person operating a public bathhouse or public swimming pool within the city where bathing or swimming facilities are being made available to the public for a charge of money shall at all times when same is in operation have on duty at least one lifeguard who holds a Red Cross advanced life- saving certificate. 17 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Calallen ISD Interlocal agreement for transportation of youth during Summer 2012 CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. BACKGROUND AND FINDINGS: The Interlocal Agreements between the City of Corpus Christi and Calallen Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps. ALTERNATIVES: Parks and Recreation Latchkey Summer Camp program would not provide field trips as part of their program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all interlocal agreements. EMERGENCY / NON - EMERGENCY: non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,400 Encumbered / Expended Amount This item BALANCE $2,400 Fund(s): General Fund, Latchkey Comments: FY12 funds for summer transportation budgeted in General Fund. RECOMMENDATION: Staff recommends approval of interlocal agreements. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Page 1 of 2 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2of2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Calallen Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District campus, a Flour Bluff Independent School District school campus, as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $100.00 per bus and provide District - employed school bus drivers to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 18, 2012 and ends August 10, 2012. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $100.00 per bus per round trip. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 1 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Calallen ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Approved as to legal form April 2, 2012. By: X) Lisa Aguilar, A siistant City Attorney for City Attorney 2 CALALLEN INDEPENDENTSCHOOL DISTRICT By: c\i,.ki-k).3. a) M1 Name: Title: .0 .,n,4 vv� eva Date: ,F.1� 3 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com CCISD Interlocal agreement for transportation of youth during Summer 2012 CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. BACKGROUND AND FINDINGS: The Interlocal Agreements between the City of Corpus Christi and Corpus Christi Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps. ALTERNATIVES: Parks and Recreation Latchkey Summer Camp program would not provide field trips as part of their program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all interlocal agreements. EMERGENCY / NON - EMERGENCY: non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $13,871 Encumbered / Expended Amount This item BALANCE $13,781 Fund(s): General Fund, Latchkey Comments: FY12 funds for summer transportation budgeted in General Fund. RECOMMENDATION: Staff recommends approval of interlocal agreements. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of District school campuses, a Calallen Independent School District school campus and a Flour Bluff Independent School District school campus, and the City also sponsors youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $2.00 per mile and provide District - employed school bus drivers at fixed rate of $20.00 per hour to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 18, 2012 and ends August 10, 2012. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $2.00 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. Additionally, the City shall pay the District for District - employed school bus driver services performed at rate of $20.00 per hour on a prorated basis. These payments shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 1 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from CCISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager 2 Approved as to legal form April 2, 2012 By: o,•vrt= Lisa Aguilar, Assi for City Attorney nt City Attorney CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Name. D. Scott Elliff Title: Superintendent of Schools Date: 3 DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403 -0110 Approved as to Legal Form By: Date: t --to M2.atz.. John J. Janssen General Counsel for CCISD Reviewed and Approved for Purchasing Compliance By: disp,41 Bria r: a/ • i o 1r+ M. asing and Distribution Date: 4/2-- AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com Flour Bluff ISD Interlocal agreements for transportation of youth during Summer 2012 CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. BACKGROUND AND FINDINGS: The Interlocal Agreements between the City of Corpus Christi and Flour Bluff Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps. ALTERNATIVES: Parks and Recreation Latchkey Summer Camp program would not provide field trips as part of their program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all interlocal agreements. EMERGENCY / NON - EMERGENCY: non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,815 Encumbered / Expended Amount This item BALANCE $1,815 Fund(s): General Fund, Latchkey Comments: FY12 funds for summer transportation budgeted in General Fund. RECOMMENDATION: Staff recommends approval of interlocal agreements. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement Page 1 of 2 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 2, 2012 Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor Page 2of2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Flour Bluff Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District school campus, Flour Bluff Independent School District campus during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $4.83 per mile to transport the Summer Program participants from their respective campuses to the various activity sites; NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 18, 2012 and ends August 10, 2012. 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District- employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. The City shall pay the District $4.83 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus 1 maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Flour Bluff ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation by the City for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager 2 Approved as to legal form April 2, 2012. By: 'es.. Lisa Aguilar, Assi nt City Attorney for City Attorney FLOURR BLUFF INDEPENDENT SCHOOL DISTRICT By: Ol.ag 6.01N. Name: NILE. MEG o w� Title: -Trails. Date: '-k • S- tot?... 3 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 24, 2012 Ronald L. Olson, City Manager FROM: Toby Hammett Futrell Interim Assistant City Manager 826 -3082 TobyF @cctexas.com Chamber of Commerce Base Closure Task Force Efforts CAPTION: Resolution to authorize expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 to be used by the South Texas Military Facilities Task Force for efforts to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. PURPOSE: The South Texas Military Facilities Task Force (STMFTF), being reinstated by the Corpus Christi Chamber of Commerce, plans to spend $300,000 over the next 18 months in a quest to keep Corpus Christi military bases open and save jobs. The money will be spent on consultants, materials, travel and research. We believe these expenditures are necessary to compete with other areas of the nation as they make the case to keep their own military bases. The Chamber is asking that the City of Corpus Christi invest $25,000 in 2012 and $75,000 in 2013 to help keep our bases. Our intention is to obtain investments from various municipalities, counties, the Port and the private sector. The Chamber's pledge is to be transparent in their use of the investments by allowing total access to their books. The Chamber will also place all STMFTF funds in a separate bank account so that the funds will not be co- mingled with Chamber operating funds. BACKGROUND AND FINDINGS: President Obama and Secretary of Defense Panetta have both indicated that there will be a reduction in military spending over the next several years. Because of the anticipated downsizing of the military, the Corpus Christi Chamber of Commerce is reinstating the South Texas Military Facilities Task Force (STMFTF) to protect the region's economy and jobs. According to the military, the Corpus Christi Army Depot and Naval Air Station Corpus Christi total over 8,000 jobs with an economic impact of $3.8 Billion. In addition, Naval Air Station Kingsville reports that it has 2,000 jobs with an economic impact of almost $300 million. The loss of all or part of the total of 10,000 jobs and the over $4 Billion of economic impact would be devastating to all of South Texas. The STMFTF is chaired by Wes Hoskins and its members are Loyd Neal, Dick Messbarger, Joe Guzman, Sandy Sanders, Darrell Coleman, Garry Bradford and Mark Scott. ALTERNATIVES: None. This is the preferred model. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This reflects the prior model used successfully in previous proposed military base closures or reduction in military spending. EMERGENCY / NON- EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Legal & Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 90,059.05 75,000.00 165,059.05 Encumbered / Expended Amount 43,867.84 43,867.84 This item 25,000.00 75,000.00 100,000.00 BALANCE 21,191.21 0.00 21,191.21 Fund(s): General Fund Comments: None. RECOMMENDATION: Staff recommends the City of Corpus Christi invest $25,000 in 2012 and $75,000 in 2013 in the Corpus Christi Chamber of Commerce's STMFTF to help keep our military base open. LIST OF SUPPORTING DOCUMENTS: Resolution authorizing expenditure Corpus Christi Chamber of Commerce Letter & Attachment Dated May 2, 2012 Resolution to authorize expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 to be used by the South Texas Military Facilities Task Force for efforts to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. Whereas, the Corpus Christi Army Depot and Naval Air Station Corpus Christi total over 8,000 jobs with an economic impact of $3.6 billion; Whereas, the Naval Air Station Kingsville reports it maintains 2,000 jobs with economic impact of almost $500 million; Whereas, the loss of all or any part of the total 10,000 jobs and over $4 billion of economic impact would be devastating to entire South Texas region; Whereas, in response of anticipated reduction in military spending and anticipated downsizing of the military, the Corpus Christi Chamber of Commerce has reinstated the South Texas Military Facilities Task Force to protect the region's economy and jobs; Whereas, the South Texas Military Facilities Task Force plans to spend $300,000 on consultants, materials, travel and research over the next 18 months to keep our bases and save jobs; Whereas, the South Texas Military Facilities Task Force requests monies from various municipalities, counties, the Port and the private sector, to be used for consultants, materials, travel and research, which are necessary expenditures to compete with other areas of the nation; Now, therefore, be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That the expenditures of $25,000 in FY 2012 and $75,000 in FY 2013 are authorized to be paid to the South Texas Military Facilities Task Force for consultants, materials, travel and research over the next 18 months to keep open the Corpus Christi Army Depot, Naval Air Station Kingsville, and Naval Air Station Corpus Christi. Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: April 24, 2012 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289.0171 ext.1213 FredS(a�cctexas.com Authorizing the execution of future Federal Aviation Administration Memoranda of Agreement for technical services associated with the Runway Safety Project at Corpus Christi International CAPTION: Resolution authorizing the City Manager or designee to negotiate and execute future Memoranda of Agreement with the Federal Aviation Administration (FAA) for various FAA technical services associated with Runway Safety Project at Corpus Christi International Airport to be paid from funds that will awarded under future Federal Aviation Administration Grant Nos. 49 and 50. PURPOSE: Corpus Christi International Airport's Runway Safety Project is a very complex and time - sensitive project that will require quick approval of various memorandums of agreements (MOAs) between the Airport and the FAA. The MOAs will provide for technical services from the FAA that are integral to the Safety Project. In some instances, the FAA may require the MOAs to be executed and returned to the agency within a matter of days. Airport Staff is requesting City Council authority for the City Manager to approve these agreements. BACKGROUND AND FINDINGS: The Runway 17/35 Extension, Phase I and Runways 13/31 Extension Phase 1 Projects are Federal Aviation Administration (FAA) and Department of Aviation priorities that will address safety issues resulting from runway incursion incidents. A runway incursion is an incident where an unauthorized intrusion occurs into a runway by an aircraft, vehicle, person or object that creates a collision hazard. The FAA has committed to a multi -year, multi -grant improvement project that will mitigate the safety concerns. As a result of the time - sensitive nature of the Runway Safety Project and current FAA funding cycle, Staff is requesting prior approval to execute the MOAs. The MOA's will be funded by future FAA Grants 49 & 50 which will formally be presented to the City Council in August, 2012 and August, 2013 timeframe respectively. All appropriation of funds requires approval by the City Council after grant award from the FAA. ALTERNATIVES: No viable alternative exists other than foregoing the project. The FAA must conduct these services in order for the project to continue and mitigation of the identified safety concerns. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,286,000 $4,272,500 $29,337,500 $34,896,000 Encumbered / Expended Amount $1,286,000 $811,217 $2,097,217 This item n/a n/a n/a BALANCE 0 $3,461,283 $29,337,500 $32,798,783 Fund(s):Airport CIP Grant Fund, Airport CIP Capital Reserve Fund Comments: The Department of Aviation is required to match 10% of the MOA RECOMMENDATION: Staff recommends approval of the Resolution LIST OF SUPPORTING DOCUMENTS: Resolution Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager- Business Development Resolution authorizing the City Manager or designee to negotiate and execute future Memoranda of Agreement with the Federal Aviation Administration for various FAA technical services associated with the Runway Safety Project at Corpus Christi International Airport subject to funding to be awarded under future Federal Aviation Administration Grant Nos. 49 and 50. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or City Manager's designee is authorized to negotiate and execute future separate Memoranda of Agreement with the Federal Aviation Administration for FAA technical services associated with the Runway Safety Project at Corpus Christi International Airport subject to funding received under Federal Aviation Administration Grant Nos. 49 and 50 in order to meet time sensitive deadlines and to execute all related documents. A copy of each Agreement will be filed in the City Secretary's Office. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr.. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: June 8, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb(c�cctexas.com; 826 -3729 Fred Segundo, Director of Aviation fredscctexas.com; 289 -0171 Approval of Resolution: Multiple Use Agreement with Texas Department of Transportation CAPTION: Resolution authorizing the City Manager, or designee, to execute a Multiple Use Agreement with the Texas Department of Transportation (TxDOT) for 1) the construction and maintenance of two Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) stations; and 2) the lowering and /or relocation, and maintenance of light poles and signage in State Highway (S.H.) 44 right -of -way. PURPOSE: To determine respective responsibilities of the City of Corpus Christi and the State of Texas. BACKGROUND AND FINDINGS: The planned construction of the 600 -foot extension of Runway 17 -35 to the north will include the installation of a runway lighting system and the lowering of light poles within the Runway Protection Zone (RPZ) which will extend north of the airport and will encompass a section of the TxDOT right of way (S.H. 44). The City of Corpus Christi has requested the State of Texas to permit the construction, operation and maintenance activities within portion of RPZ located within the State Highway right -of -way as described below: A. Construction, operation and maintenance of two Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights (MALSR) stations in the median between Highway 44 main lanes and the service roads. B. Lowering and /or relocation, operation and maintenance of sixteen (16) light poles and one (1) sign. ALTERNATIVES: 1. No other alternatives were evaluated because the MALSR will be provided by Federal Aviation administration (FAA). OTHER CONSIDERATIONS: The State of Texas has indicated its willingness to approve such facilities and other uses as long as such facilities and uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility. CONFORMITY TO CITY POLICY: Conforms to statutes regarding agreements between the State of Texas and municipalities. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital XNot applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: City Staff recommend the approval of the Multiple Use Agreement with the Texas Department of Transportation. LIST OF SUPPORTING DOCUMENTS: Location Map File : \ Mproject \councilexhibits \exhE11046b.dwg DcooLDRFCES P F M. 624 LRGH Jv UTCES BAY Up Al \ oGL ROAD ,� CORPUS C3 -l'RIS rI 'RAY CC McGL01N RD LOCATION MAP NOT TO SCALE HWY 44 MALSR SALMONS & ACCESS ROAD AGNES RD. MALSR LOCATED WITHIN TXDOT ROW A I 12 CORPUS CHRISTI / INTERNATIONAL AIRPORT ROAD PROJECT # E11046 SITE PLAN NOT TO SCALE BEAR LANE CCIA Runway 17 -35 Extension CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute a Multiple Use Agreement with the Texas Department of Transportation (TXDOT) for Construction of MALSR Light Stations in S.H. 44 right -of -way and Lowering Lights and Signage below the RWY 17 approach surface for the Corpus Christi International Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Multiple Use Agreement with the Texas Department of Transportation ( TXDOT) for the Construction of MALSR Light Stations in S.H. 44 right -of -way and Lowering Lights and Signage below the RWY 17 approach surface for the Corpus Christi International Airport. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO LEGAL FORM: li th day of 7' Veronica Ocanas Assistant City Attorney for City Attorney 042412 reso mua txdot's - malsr Tight stations in s.h. 44 right -of -way for ccia , 2012. Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 042412 reso mua txdot's - malsr light stations in s.h. 44 right -of -way for ccia Texas ffe Texas nt of Transportation Form 2044 (Rev. 08/11) Page 1 of 9 STATE OF TEXAS MULTIPLE USE AGREEMENT COUNTY OF TRAVIS § THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State ", party of the first part, and The City of Corpus Christi , hereinafter called City , party of the second part, is to become effective when fully executed by both parties. WHEREAS, on the body for the day of WITNESSETH City ,20 , the governing , entered into Resolution /Ordinance No. hereinafter identified by reference, authorizing the City 's participation in this agreement with the State; and WHEREAS, the City construction, maintenance and operation of a public Two Medium Intensity Approach Lighting Systems has requested the State to permit the on the highway right of way, (General description of area) in the median of State Highway 44 near the Corpus Christi Municipal Airport, between the highway main lanes and the service roads, as shown in attached Exhibit "A ", page 1; and Lowering and/or relocation, operation and maintenance of sixteen (16) light poles and one (1) sign as shown in attached Exhibit "A ", page 2. shown graphically by the preliminary conceptual site plan in Exhibit "A" and being more specifically described by metes and bounds of Exhibit "B ", which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agreements with the State for the purpose of determining the respective responsibilities of the Citv and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. Form 2044 (Rev. 06/11) Page 2 of 9 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. DESIGN AND CONSTRUCTION City will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State. Said plans shall include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compliance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and define the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof in all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State. Any sidewalks, curb ramps and other pedestrian elements to be constructed, either on site or off site, by the City shall be in accordance with the requirements of Title II of the Americans With Disabilities Act (ADA) and with the Texas Accessibility Standards (TAS). Elements constructed by the City and found not to comply with ADA or TAS shall be corrected at the entire expense of the City 2. INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. 3. PARKING REGULATIONS Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 1112 ton trucks, such vehicles to conform in size and use to governing laws. Parking shall be permitted only in marked spaces. Parking shall be prohibited when a security threat, as determined by TxDOT, exists. Form 2044 (Rev. 06111) Page 3 of 4. PROHIBITION/SIGNS Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other •ur•oses not in kee•in• with the ob'ective of a •ublic facilit . The erection of sins other than required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. 5. RESPONSIBILITIES Maintenance and operation of the facility shall be entirely the responsibility of the City . Such responsibility shall not be transferred, assigned or conveyed to a third party without the advanced written approval of the State. Further, such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a clean and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. A. Retention Period, The City shall maintain all books, documents, papers, accounting records and other evidence pertaining to fees collected and costs (hereinafter called the Records). The City shall make the records available during the term of the Agreement and for four years from the date the Agreement is terminated, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. B. Availability. The State or any of its duly authorized representatives, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, and the Comptroller General shall have access to the City 's records that are directly pertinent to this Agreement for the purpose of making audits and examinations. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. Form 2044 (Rev. 08111) Page 4 of 9 8. MODIFICATION/TERMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility is impeding maintenance, damaging the highway facilit im•airin• safet �- 1- - 1• r- 1r • • - ..- _ - • 1_ 11 es a nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility; or (2) terminated and the use of the area as proposed herein discontinued. 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation by the State. 10. RESTORATION OF AREA The City shall provide written notification to the State that such facility will be discontinued for the purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were its construction responsibility under this agreement and restore the area to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. INDEMNIFICATION Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability by claiming its governmental immunity, When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance or operation of the facility, and shall promptly reimburse the State for costs of construction and/or repair work made necessary by reason of such damages. Form 2044 (Rev. 06111) Page 5 of 9 Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the City . Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State and the City shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party which may be liable for having caused the City to pay or disburse any sum of money hereunder. 13. HOLD HARMLESS The City shall indemnify and save harmless the State and its officers and employees from all claims and liability due to its materials or activities of itself, its agents, or employees, performed under this agreement and that are caused by or result from error, omission, or negligent act of the party or of any person employed by the party. The City shall also indemnify and save harmless the State from any and all expense, including but not limited to attorney fees that may be incurred by the State in litigation or otherwise resisting the claim or liabilities that may be imposed on the State as a result of such activities by the City under this agreement. The City , its agents, or employees authorized further agrees to indemnify and save harmless the State from and against all claims, demands, and causes of action of every kind and character brought by any employee of the party against the State due to personal injuries and/or death to such employee resulting from any alleged negligent act by either commission or omission on the part of the City . The indemnification of the State shall extend for a period of three (3) years beyond the date of termination of this agreement. 14. INSURANCE The City , shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right of way, the City 's construction contractor shall submit to the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverage during the construction of the facility. Form 2094 (Rev. 06/11) Page 6 of 9 15. USE OF RIGHT OF WAY It is understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re- construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits. 16. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The , City shall be responsible for obtaining such additional consent, permits or agreement as may be necessary due to this agreement. This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities. 17. FHWA ADDITIONAL REQUIREMENTS If the Facility is located on the Federal -Aid Highway System, "ATTACHMENT A ", which states additional requirements as set forth in the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710, shall be attached to and become a part of this agreement. 18. CIVIL RIGHTS ASSURANCES The City , for itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the and that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the City shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination in Federally- Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non - discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. Form 2044 (Rev. 06/11) Page 7 of 9 19. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 20. LEGAL CONSTRUCTION In case 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 provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. 21. AUDIT The State may conduct an audit or investigation of any aspect of this agreement. The City must provide the State with access to any information the State considers relevant to the investigation or audit. The audit can include, but is not limited to, any contract for construction or maintenance of any facility or structure authorized by this agreement or any contract to provide a service to the ized by this agreement. City if that service is author- 22. AUTHORITY OF STATE AUDITOR The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 23. COMPLIANCE OF THE LAW The City shall comply with all federal, state, and local law, statutes, ordinances, rules and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. 24. NOTICES All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Name of other party) (Mailing Address) (Mailing Address) Texas Department of Transportation Maintenance Division 125 East 11th Street Austin, Texas 78701 -2483 City of Corpus Christi Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 Form 2044 (Rev. 06111) Page 8 of 9 25. WARRANTS The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. List of Attached Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Description Exhibit C - Approved Construction Plans Exhibit D - Certificate of Insurance (TxDOT Form 1560) Exhibit E - Attachment A (FHWA Additional Requirements) IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the City on the day of 20 , and the State on the day of By: , 20 STATE OF TEXAS City of Corpus Christi Executed and approved for the Texas (Name of other party) Transportation Commission for the purpose and effect of activating and /or carrying out the orders, and established policies or work programs heretofore approved and authorized by the Texas Title Transportation Commission. By: Printed Nanie Director, Maintenance Division Toribio Garza, Jr., P.E. Date Printed Name Date APPROVAL RECOMMENDED: District Engineer Lonnie J. Gregorcyk, P.E. Printed Name Date 1 NOI iiiNI--_ i8 -a .. r E Sid I �T ; / I I I F1 Mi u I oT 0 I I �_ ^ 111 AN i g41 11 o a IMVµTMUNNI PR0005m CONCIZEM elRwuoE Pv,e} iY]Y a1 f I I mi g T1 i N � IP Vii: 1 f 1 ll� elf !'1"..- Qi 1 A Ij Is 1 *-r , grV�O &E A �� 4ii p �f �` I�—, cy � � li II. f y ,,_ I /1 J . nM, u; 1,,,„,,mj4 I 1111111‘111 41111111 1 - m@1 1 µ >:w { jf 8r g.q ` II =11a �a x-1:3 C 1 1. e mzl E1 's{ I I I { I I � ar ( l m I i 1 I I �;9;� I 1ijp1ij I I I I 'II I; t ( 11 ±1e: - t� Q i I 4I'll �J _ § _ � vP mRa$ u RPi11111"1A.4J1 h f f 0A 2= 'P11; rn m x, x p i . t 1 r P o, ,, 1! . i gH h Z k I Z4 .. venmvra_ AIS D er A2,15,uxnn OAT er ; I is la CORPUS CHRISTI' INTERNATIONAL AIRPORT RUNWAYI7-35 EXTENSION/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT 11 w.. CITY OF TOXASSCNRlST!� Departmenl of Engineering Services 1 "Iq ; vitill�� m Pe B �% i LA f 2.24 3a; aagi q § fl' g a MALS STATION CONCRETE BARRIER LAYOUT flEzme.,,X, VALE z.,« U.o.Ioo..,oiie/p„ 10:. ,V R3 — g _ 3 9 ggit 4" u . o, "'"'"a$ ii u ylii ¢4 gg x e [{ g 4? 4 4 y .Q�.RRQ. �, r. " ti 4 1111384155 5 5 g 5 5 p444444Q 5 5 5 1 5 6 5.r3541d 5 5 5 5 RR'CI 5 5 1 ••••#., v BIS k H A§ i a z 2c ...•,1!.444.11!4&4.44.6 12 FFG 2 AAAA 444,".44P45441' .a.s zit pp §§ 2 6.F 2 4pppp ## 555 1-nH 2 aNsN•ass glg 'sz S Ey +� Q gx TX z 2 8 pp 5pp sx Ii RFTn 2 2 9RR' gg msz W 2 444 558 444' H • gg 0 ..-_ Lo-AERrozr LONER TO 5 1.0V6F1 10 79 uy641,1,o S 10,EIR TOW S LOAER TOY LOAeli 1013 1V L 1 411 1 1 z f DATE EHSbn CORPUS CHRISTI INTERNATIONAL AIRPORT RUNWAY 17-35 EXTENSION/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT SH 44 ROW LIGHT POLE REVISION PLAN ":\<,ti 30 00O.c01IV 4\,„Eu,, ow....... one:O unv�„ .o:, w CITY OF CORPUS cNRIsrI TEXAS Deportment of Engineering Services 1'1 z s z LA EXHIBIT "B" LEGAL METES AND BOUNDS-DESCRIPTION Description of two 0.0103 acre tracts of land out of the State Highway 44 right -of -way to be fenced around approach lights to serve the City of Corpus Christi and the Corpus Christi International Airport. TRACT ONE: Beginning at a point in the grassy area between the westbound lanes of State Highway 44 and the westbound service road, said point being located 124.79 feet right of State Highway 44 centerline Station 90 +77.59, said point being located at Texas Plane Coordinate System (South Zone) N 17,175,559.02, E 1,308,771.44, the northeast corner hereof; THENCE: South 01° 20' 14.07" East for 15.00 feet to a point for corner, said point being located at Texas Plane Coordinate System (South Zone) N 17,175,542.02, E 1,308,771.84, the southeast corner hereof; THENCE: South 88° 39' 15.93" West for 30.00 feet to a point for corner, the southwest corner hereof; THENCE: North 01° 20' 14.07" West for 15.00 feet to a point for corner, the northwest corner hereof; THENCE: North 88° 39' 15.93" East for 30.00 feet to the point of beginning and containing 0.0103 acres, more or less. TRACT TWO: Beginning at a point in the grassy area between the eastbound lanes of State Highway 44 and the eastbound service road, said point being located 90.44 feet left of State Highway 44 centerline Station 90 +99.88, said point being located at Texas Plane Coordinate System (South Zone) N 17,175,344.30, E 1,308,743.48, the northwest corner hereof; THENCE: North 88° 39' 15.93" East for 30.00 feet to a point for corner, said point being located at Texas Plane Coordinate System (South Zone) N 17,175,345.08, E 1,308,776.47, the northeast corner hereof; THENCE: South 01° 20' 14.07" East for 15.00 feet to a point for corner, the southeast corner hereof; THENCE: South 88° 39' 15.93" West for 30.00 feet to a point for corner, the southwest corner hereof; ENCE. Nor ih O1°- 20'-14:07" West for 15.00 feet to the point of beginning and containing 0.0103 acres, more or less. EXHIBIT C APPROVED CONSTRUCTION PLANS APPROVAL RECOMMENDED: District Engineer Printed Name Date aN m Z zm rl dVW AIN VOA 0 0 O :A9 a vd92:d O,c444-5 i- zey lJ 4 04 0 :U 0 _I: ii E N4 1 1 5 12 4014 i4 iib hj rA' IUR an3N14V =tor, j L JJ '55 § 9 5.4 1 V011 554 3. C y Mly! y g I V F 4{ €y ff, isx I S I •I i CORP J IIIi4S(I INIFRNATIONAI_ AIRPORT RUNWAY 17-35 EXTENSION/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT COVEN FRFFT ANI) SNEF:T INLE% CITY OF CORPUS CHRISTI TEXAS Dep. rlrnen1 n( Engineering Services A A 6 t 3_ 3 2 - 1€21H CORPUS CI INiST I INTERNATIONAL AIRPORT RUNWAY 17-35 EXTENSIONiDISPLACEMENT AND CONNECTING TAXIWAY PROJECT MALS STATION 0ARRICAUE LAYOUT oa +71, ox,io, 14, F I 1141.,,,01I0.1 OAK [ CITY OF CORPUS CHRISTI rExAs a Engineering SelVa:S Ile Dr, Ws' 4441 •-,; 1- ?•„:, 100 44 go 709 8 L. -014 SINW 3142 17 NVld dlIkWra 41 144 01 9 :“o I,1 , § :41 1 - .1 —•• F ?•.4. ••••5 UPPER CONNECTON PIPE DETAILS 577v130 3cild NO103117= 13314, 01 44-4 01 .44 9; 10 01 14 01 0 I 01 0 „ 1) ; ;;. I • • • ; 1 !: c!' r!L • ?! .•. 4:1144fl1,4,4 04444 m 44 CORPUS CHRISTI INTERNATIONAL AIRPORT RUNWAY 17-35 EXTENSION/DISPLADEMEN1 AND CONNED -MG TAXIWAY PROJECT CONCRETE SAFETY BARRIER (P -SHAPE) PRECAST TYPE 1.1 1111.1:31,,Z110444 CITY OF CORPUS CHRISTI TEXAS Deportmoni Engine:el-1n Services A 1 '71.1 S !''''.4...!....",!.",!1 .'�••1p:ny•. a L .-I T j v k .. " ti Qm O. c i m I A I.. ` S 7 7 o. _. [11".----iii_QU . D Q n H 0 4 W '1 m z W ......... r ..............v\, ..._...... .. Pte,. 1 Q ` L ....... c z E i E ......... sem,., [Ilii .___,. I MI N R ryn . `O r exas Geon my a' T+ CONCRETE SAF BARRIER (F -SI PRECAST BcRRIf !TYPE S) CSB (1)-10 N N 'Fitt F: ', y•: "17;. A: `, v 1011 ISI i y,,; 3 W, 9Ki,n0. O1 rI > ` a 'l• CONPUS CHRISM INTERNATIONAL AmPozo RUNWAY 17-35 EXTENSION/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT .7........t. CITY OF CORPUS CHRISTI TEXAS Dopartment of FFngineoling Service* r in i Z1 3 4 O' y m,Mif Jd ; � :' VI ILI. 4[ q S h 4 a '. R Ia & . ' CONCRCTe SAPEur ISAkF IE tx p--SNAPI) r ik=CASTYYPC; HI Fi R'i RI•r en 2 II 11'd20.11 uili_ 0 CORPUS Cf 1121311 lNTF.RNA1'IONAL AIRPORT RUNWAY 17-35 EXTENSION/DISPLACEMENT AND CONNE.CTING TAX€WAY PROJECT REBS N F, ENERGY ABSORBING CRASH TERMINAL -I CITY OF CORPUS CHRISTI TEXAS Ocpar€rnenl of Erljrneerin3 Serdicrs ftl 0 OPP II, Er. PP. c•i• I,r• ervi i..1,01 1.:frX1-,-, • 1,1,1 0, ,r Prr 1 1$ 0 0 3X3/A 31E1VO 3iV1d d3HSVM G3110 -IS FRONT ANCHOR PLATE DETAIL I . ! I i FRONT SECTION OF BASE TRACK tp r- PP 0 35; CO — ':•: Z o ' --.................. C! 40 CORPUS CHRISTI INTURNATIONAL AIRPORT 44 RUNWAY 17,15 EXTENSION/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT REUSABLE ENERGY ABSORBING CRASH TERMINAL -II CITY OF CORPUS CHRIST! TEXAS Oupothrient of ErIgifiearifig Servirc!s- �ronau,c� ttcb.n.t.r. CNf�iWl unit_ o o o aT 0, CORPUS CHRISTI INTERNATIONAL AIRPORT RUNWAY 17-35 EXTENSION/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT SH 44 ROW LIGHT POLE R[V0SION PLAN' is,srwsw,.� CITY OF CORPUS CHRISTI TEXAS Oeportrnent nl F"rrgine¢dng Services z m g.. m v, Lv;S- 3I 4X� m.,I,u ISE'l: IM ase os IOIx/ : ikxn I[. ryvcrmn ny -rakn x qp rrml Int m _ vmr ty ni <e,y Ilii l: ilk II iry c yir,.b10,0 !n <•in,, ¶=,vola 0 10, ,,riE! reiul lc 0 Isl(0 i1Y' lu 3In i0 , r'll-E: '�• 4 ! r <w:aryai r4WIriM fr4*. i!E a»!. e4 w`-: Pi'.tic, 8""", �c n 38,»g_ tai, R & • ` o r �in I _ L+ f,0`;'-at.P3 a as R o 3 8�µ� �� II • n 1� .s .'?i i 0 4 b .1,3:1,1-68 8 9,12 P 7i' i 8 �' ...: w ... a � ."-- }}II- iSe=,ii s;nen 5 .nI h ,q,. 3a3 Pr Sri !If i n qY ys Fii ' 'R8 ,v d � � ; 7R• n 5 S .' Lei 'ln Iii R8 , nrl _ '4-'"r3 'RSR glen R.o' A.R 2 ?� r -� 'o .i-8 "a n F w , 1 i A AL ,12.?, n °5 s { 3 u ? 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N Egi s 5 ° Y ' v1„>n'ieeki "�” "in 41"°."",8.:'.;=T2 II ¶lig _.t I R�4�8"S�FFa • 1E4 r.° __.__._cnUwSPn ave :3; A A 'Pr h4i> ikaoaass4 +. a l t gV' r ammm A ' m “t & «UO'' R'ii3Rleee 3'i' b S u,NN wn'-- n%Yi ma .._roF- : XUttn N-t_'_'4,; o v 3 $ a nU I L4 =31;!‘447,v. -x _ nos 0 9 Texcs Depart:ma' of ROADWAY ILLUMINAT POLES R] L h:<I10NIL 3_o Q o _. . .,.. AIY: ....... ......... ............... ......- ...- .....,._ ._.. t i. rA EY HE I Eu.» b! ...,.. .. _ A , IT IA I pY a n 4 „tea oau �t�rL CORPUSCLIRISTLINTCRNAIICNAL AIfiPOR7 RUNWAY AND CQNNECTING TAXIWAY PROJECT -"}\ CITY OF CORPUS CNRIS17 TCXAS�+' }A pry t .en' or f.11, ..r:n7_.,. ; .., A y# z : jr ci r f"': rrq>. ml i i0 li V1' [ §i ng l•',, •rS3 sgop g' g c eot 1, 1Wi�",qt i gQy y a sl Nu { t✓ IY f ROADWAY ILLLIMINATIONPOL1:S4 PATE! wr 1-1,1,9111 A* i... coL ......, ; m m 0 •-, ; !;!' ! F, 1.t.mnIro3ra t !feign, waling! RC 1. 5. HOubio 1 Ni L..11,1 11c10.1 11c..1.1 1.114.0 W 121 m x 1.1 CORPUS CHRISI!ININATIONAL AIRPORT RUNWAY 17-35 EXTENSION/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT HOMIWAY ILLUMINATION POLE3.H 1 :.;:masunclE, our, CITY OF CORPUS CHRISTI 7XAi Z Z 4 • 0 1,, , : 2 POLE ASSEMBLY FABR 1 TOLERANCES TAE 4. --: : 11. i ..; '.;. ?; = .-1 3. '' • *. '43 --1 9 121 m x 1.1 CORPUS CHRISI!ININATIONAL AIRPORT RUNWAY 17-35 EXTENSION/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT HOMIWAY ILLUMINATION POLE3.H 1 :.;:masunclE, our, CITY OF CORPUS CHRISTI 7XAi Z Z 4 • 0 1,, ILll: :IV, ..,7 15M ,,,t,..,,,=;rtrIT,I-g, =;It a„' r,14-3•71ral,II.!„Ntt tN7,C-L 'f•I • i ........ rn --, . x z —S-,72 , c-. • I ,, ..... .. •,.i I :. T. ''', •' z .., ., v n.: '' .. .,....., ?!. 0, , 4; '„ -..r... r rn — L -,-- - • -I- - c: l'a it Ilahts 7 Sime11/I plx f11SS C i .'• = ;.• : s 1. . • . .„. 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ANCHOR BOLT FABRICATIOP TOLERANCES TABLE €� 1. ax �� --E �m r ;°- t«SE4 013 w •< ny. I F.I..F 5 gi • b ,y' s a --.. .- - -..,, }i „. �Z6 m Enz W 3� --_�. mI. a ,.n...-: I 1 I I .. y i. / ^'\ / v [E , 1 xe... •' '• Q .. :. .... ..... m rin >....,......-!, { w : r x 35 t C50 35 for %.0 I 'i , - - 1- A my. -1 rn i3 f"(7 -T1 w. -.',-'E' . Y y 1 W 1 I .. r 0.1 yVa n - n n a k` 9i „� $ AxaA4 .k g R" '32.3C".ft R 3 `oY $ ^; l 6 l a� n h ,1J # gg R g 1 . - .j 11 " • 3RD° 9 RX i'.-4 i^ exon a cA te[. .1Rus 4 -7M mj. ^n --I -T, p , ... 'r, v A my -"oma w•^ [ .` z 4Y �. i -' IM gn . ?<:, y,?;'n 1, a !� ,i a 1 L ? t #iirl, s :Urt, • ic34 s^.on !. O TCCic, u,.c Tnn ra.,._r. n ny Osl yn!. 24 arrc tc IT1 fC�_ife$r?a .e .11 TSxc,f:cc-for:a !v Str.r- -et 3Vcx-nz il _OSc3'SoCI rC11.e C! st,,cs,r.ci i� frc, ci,.n nsx. 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' :.' 71 ....1 .: 0 VA • .4. -;.—''' ;a :, ,.`4,'y .!7•Ze E ii :..._ ... . .... ... — ,N05......). 11.101, 1 I ..„., _ .,-,-.....,...... 6 ; . „ 1.,.....:AnD v....a , "1 • IN • g 100 . . , CORPUS CIIRISTI INTERNAlIONAL AIRPORT RUNWAY 17-35 EXTENSJON/DISPLACEMENT AND CONNECTING TAXIWAY PROJECT CITY ; ... 4 ' OF CORPUS CHRISTI TEXAS .. rn .:t 10- , C) - 4 i4.$. vl, Z m q lirVi,/ 00 g g q "A s - 0, r ROADWAY IL cumiNtaioN OIJAILSA, EXHIBIT D Certificate of Insurance (TxDOT Form 1560) CERTIFICATE OF INSURANCE tiaras Oeparrmenr or rleneporfesan Agents should complete the form providing all requested information then either fax or mall this form directly to the address listed on page two of this form. Copies of endorsements listed below are not required as attachments to this certificate. Form 1560 (Rev, 01112) Previous editions of this form may not be used. Page 1 oft This certificate Is Issued as a matter of Information only and confers no rights upon the certificate holder. This certificate does not confer any rights or obligations other than the rights and obligations conveyed by the policies referenced on this certificate. The terms of the policies referenced in this certificate control over the terms of the certificate. Insured: Street/Mailing Address: City/State/Zip: Phone Number: ( WORKERS' COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Carrier Phone #: ( ) - Address: City, State, Zip: Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability: Workers' Compensation Not Less Than: Statutory - Texas COMMERCIAL GENERAL LIABILITY INSURANCE: Carrier Name: Carrier Phone #: ( ) - Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Commercial General Liability Insurance Not Less Than: $ 600,000 each occurrence BUSINESS AUTOMOBILE POLICY: Carrier Name: Carrier Phone #: ( ) - Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Business Automobile Policy Bodily Injury Property Damage Not Less Than: $ 600,000 combined single limit UMBRELLA POLICY (if applicable): Carrier Name: Carrier Phone #: ( ) - Address: City, State, Zip: Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy J Should any of the above described policies be cancelled before the expiration date thereof notice will be delivered in accordance with the policy provisions. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. Agency Name Address City, State, Zip Code ( Authorized Agent's Phone Number Authorized Agent Original Signature Date The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under § §552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. Fax completed form to: 512/416-2536 NOTES TO AGENTS; Form 1580 (Rev. 01/12) Page 2 of 2 Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre - printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike - through or cross -out the pre - printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects /contracts on this form. List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service is providing insurance to the contractor /client company, list the staff leasing service as the insured and show the contractor /client company in parenthesis. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing insurance. Over- stamping and/or over - typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. DO NOT COMPLETE THIS FORM UNLESS THE WORKERS' COMPENSATION POLICY IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TXDOT. The SIGNATURE of the agent is required. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE: MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY: If coverages are specified separately, they must be at least these amounts: Bodily Injury Property Damage $500,000 each occurrence $100,000 each occurrence $100,000 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy. MAIL ALL CERTIFICATES TO: Texas Department of Transportation CST —Contract Processing Unit (RA/200 -1st FL) 125 E. 11th Street Austin, TX 78701 -2483 512/416 -2540 (Voice), 512/416 -2536 (Fax) Form 2044 (Rev. 06111) Page 9 of 9 ATTACHMENT A Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710. 1, Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA. 2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable in the event that the airspace facility ceases to be used or is abandoned. EXHIBIT E AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com, 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Amendment No. 3: Peer Review Services (Construction Phase) Energy Efficient Conservation Retrofit - Major City Facilities CAPTION: Motion Authorizing the City Manager, or designee, to execute Amendment No. 3 for peer review services with Stridde, Callins & Associates, Inc. of Corpus Christi, Texas, in the amount of $125,000.00 for the Energy Efficient Conservation Retrofit - Major City Facilities project. PURPOSE: To approve Stridde, Callins & Associates' proposal to review construction documents prepared by McKinstry and render construction phase engineering services for the Energy Conservation Retrofit Project. BACKGROUND AND FINDINGS: A Design /Build contract was awarded to McKinstry Essention, Inc. for the Energy Conservation Retrofit Project. The buildings and facilities selected for this retrofit based upon the potential savings include: • City Hall • Municipal Court/Police • Museum of Science and History • Central Library • American Bank Center Complex • Airport Complex • Street Lighting (Limited Scope) The audits identified upgrades to improve the energy efficiency of these buildings and facilities. Stridde, Callins & and Associates was selected to provide Peer Review Services for this project during the audit phase and the design phase. An amendment to their contract is needed for the construction phase. ALTERNATIVES: 1. Do not amend the contract with Stridde, Callins & Associates. This is not recommended. The City does not have the in -house technical energy systems expertise to oversee the construction phase of this project. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to statutes regarding request for qualifications process; FY 2011 -12 Capital Budget. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Facilities Management FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,300,000.00 $7,300,000.00 Encumbered / Expended Amount $7,000,000.00 $7,000,000.00 This item $125,000.00 $125,000.00 BALANCE $175,000.00 $175,000.00 Fund(s): Energy Efficiency CIP - Public Property Finance Contractual Obligations Comments: This amendment will be funded by the Energy Efficiency CIP fund. RECOMMENDATION: City Staff recommends the approval of Amendment No. 3 with Stridde, Callins & Associates, Inc. of Corpus Christi, Texas, in the amount of $125,000.00 for peer review services during the construction phase for the Energy Efficient Conservation Retrofit - Major City Facilities project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Energy Efficient Conservation Retrofit - Major City Facilities Project No. E11102 June 12, 2012 FUNDS AVAILABLE: Energy Efficiency CIP FUNDS REQUIRED: Construction Contingencies (1.5 %) Consultant Fees: Peer Review (Stridde, Callins & Associates, Inc.)* A/E Consultant (Part of Construction) Materials Inspection and Testing (Part of Construction) $7,300,000.00 $6,950,000.00 $104,250.00 $175,000.00 $0.00 $0.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $22,000.00 Engineering Reimbursements $48,750.00 TOTAL $7,300,000.00 ESTIMATED PROJECT BUDGET BALANCE 0.00 ** *Original Contract Approved by Administrative Approval November 10, 2011. Amendment No. 2 approved March 16, 2012 and Amendment No. 3 approved April 30, 2012. \ Mproject \councilexhibits \exhE11102C.dwg RIVER PROJECT SITE MUSEUM OF SCIENCE & HISTORY NUECBS R y PROJECT SITE SELENA AUDITORIUM PROJECT SITE AMERICAN BANK CONVENTION CENTER PROJECT SITE AMERICAN BANK CENTER ARENA EN/ Y 44 AGNES PROJECT SITE AIRPORT COMPLEX PROJECT SITE POLICE /MUNICIPAL COURTS PROJECT SITE CENTRAL LIBRARY CORPUS CHRISTI B.4y PROJECT SITE HEALTH DEPARTMENT PROJECT SITE CITY HALL £5c U±N5 M &DRLE FM 2444 WHITECAP LOCATION MAP NOT TO SCALE PROJECT #E11102 ENERGY EFFICIENCEY CONSERVATION RETROFIT FOR MAJOR CITY FACILITIES CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AMENDMENT No. 3 - AlE AGREEMENT for Consultant Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home- rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer), and Stridde, Callins & Associates, Inc.., a Texas corporation or partnership, "CONSULTANT, acting through its duly authorized representative who is Scott Stridde, P,E., (name), President (Title), which agree as follows: •Original Contract Amendment No 1 Amendment No 2 Administrative Approval Administrative As proval Administrative Approval November 10, 2011 March 16, 2012 April 19, 2012 $20,000,00 $30,000.00 $0.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow: Energy Services Peer Design/Submittal Review (ESCO Design/Build) (Project E11102) "PROJECT" 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit A", 3. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B", 4. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A", Scope of Services and Fee under this AGREEMENT, an additional total fee not to exceed $125,000.00, (One Hundred Twenty Five Thousand Dollars and Zero Cents) for a restated not to exceed fee of $175,000.00 (One Hundred Seventy Five Thousand Dollars and Zero Cents). CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager RECOMMENDED STR DDE, CA LINS & AS CIATES (Date) Scott Stridde, RE. (Date) President 342 S. Navigation Blvd. Corpus Christi, Texas 78405-3615 (361) 883-9199 Office (361) 883-9177 Fax Daniel Biles, P.E. (Date) Interim Director of Engineering Services ting Department (Date) K IErmasseraj Da!sEschange1Casssa1C4 FassaasSE1 I 102 FacaSes Energy Conservation - 20111S1ndsle, Cans & AssociansaAmensasesS No 3 Coss APPROV i AS TO FORM Leq a ment of Mgmt and Budget Project Number: E11102 Funding Source: 550950-3161-00000-E11102 Amount: S125.000.00 Encumbrance Number: K ',Engneenn KJCi FacaMeg',E1 i 102 FacAlan Energy Cornervahon - 2011%Sirddn, CaUis a AssonatetVAmendment No 3 *Der: Stridde, Callins & Associates, Inc. 342 S. Navigalion Blvd. Corpus Christi, TX 78405.3615 Phone: (361) 883-9199 • Fax' (361) 883 -9177 Consulting Engineers Mechanical — Electrical April 23, 2012 Ms. Joelle Francois, P.E. City Of Corpus Christi Engineering Department 1201 Leopard Street Corpus Christi, Texas 78401 RE: Energy Services Project — McKinstry Construction Documents Review and Construction Phase Engineering Services Dear Ms. Francois: The following is in response to your request for engineering service proposal to review construction documents prepared by McKinstry and render construction phase engineering services for referenced project. Also included in the proposed fee amount are services to review the detailed scope of work documents prepared by McKinstry as stipulated by amendment request dated March 2, 2012. A. Proposed Design Phase Services: 1. Review of construction documents submitted by McKinstry in effort to determine whether construction documents are in general accordance with the Energy Services Proposal dated October 14, 2011, the approved submittals, and the approved detailed scope of work. 2. Submit report and / or comments subsequent to review of construction documents indicating discrepancies between construction documents and proposal and / or submittals and I or detailed scope of work. 3. Attend meetings with City of Corpus Christi personnel and contractor personnel if required to communicate the content of report I review comments or resolve design related items of concern. B. Proposed Construction Phase Services: 1. Attend preconstruction meetings, construction meetings, and pre - commissioning meetings as requested by the City of Corpus Christi to provide general oversight and assistance with construction issues. 2. Provide technical assistance and general oversight including recommendations associated with: a. Minor (no cost) field alterations. b. Construction change orders. c. Project close -out documents. 3. Provide two (2) interim and one (1) final jobsite reviews (per site / facility) of work performed by the contractor, jobsite reviews to be made at such time desired by the. City of Corpus Christi, provided we are given adequate notice to allow scheduling of reviews. During such reviews we will assert every reasonable effort to enforce the requirements of the construction documents and protect the T:1Proposals1City of Corpus Chrisli\McKinstryCDRevCASvcs_042312.doc AMENDMENT No. 3 - A/E AGREEMENT for Consultant Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home- rule municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City Engineer"), and Stridde, Catlins & Associates, Inc;, a Texas corporation or partnership, "CONSULTANT'', acting through its duly authorized representative who is Scott Stridde. P E., (name), President (Title), which agree as follows: One inal Contract Amendment No 1 Amendment No. 2 Administrative Approval Administrative As iroval Administrative As 'royal November 10, 2011 $20,000.00 March 16, 2012 $30,000.00 April 19, 2012 $0.00 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follow: Energy Services Peer Design/Submittal Review (ESCO Design/Build) (Project E11102) "PROJECT". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit A". 3. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B" 4. FEE. The "CITY" agrees to pay the "CONSULTANT'' for services provided in accordance with Exhibit "A", Scope of Services and Fee under this AGREEMENT, an additional total fee not to exceed $125,000.00, (One Hundred Twenty Five Thousand Dollars and Zero Cents) for a restated not to exceed fee of $175,000.00 (One Hundred Seventy Five Thousand Dollars and Zero Cents). CITY OF CORPUS CHRISTI STRIDDE, CALLINS & A Oscar R. Martinez Assistant City Manager RECOMMENDED ATES 3 /2/12 (Date) Scott Stridde, RE. (Date) President 342 S. Navigation Blvd. Corpus Christi, Texas 78405-3615 (361) 883-9199 Office (361) 883-9177 Fax Daniel Biles, P.E. (Date) Interim Director of Engineering Services Ming Depa dm:1r ment (Date) K ..Enoneering DataExchang0Cgarissaity FaciMieME11102 acilthes Energy ConseNa6on 2011 VS1ndde, CaIh,i & AsSociatooLknoodmen! Na 3 doca of Mgmt and Budget Project Number: EH 102 Funding Source: 550950-3161-00000-El 110') Amount: S125,000.00 Encumbrance Number: K Trugekiving DataExthange'Clanssai \C,ty Fac,WeV,E11102 FacAVes Energy Conservatva 2011,,Strde, C0 a Assc,c4ateF,WnendmeN No 3 Stridde, Callins & Associates, Inc. 342 S. Navigation Blvd. Corpus Christi. TX 78405.3615 Phone: (361) 683.9199 • Fax (361) 883.9177 Consulting Engineers Mechanical — Electrical April 23, 2012 Ms. Joelle Francois, P.E. City Of Corpus Christi Engineering Department 1201 Leopard Street Corpus Christi, Texas 78401 RE: Energy Services Project — McKinstry Construction Documents Review and Construction Phase Engineering Services Dear Ms. Frangois: The following is in response to your request for engineering service proposal to review construction documents prepared by McKinstry and render construction phase engineering services for referenced project. Also included in the proposed fee amount are services to review the detailed scope of work documents prepared by McKinstry as stipulated by amendment request dated March 2, 2012. A. Proposed Design Phase Services: 1. Review of construction documents submitted by McKinstry in effort to determine whether construction documents are in general accordance with the Energy Services Proposal dated October 14, 2011, the approved submittals, and the approved detailed scope of work. 2. Submit report and / or comments subsequent to review of construction documents indicating discrepancies between construction documents and proposal and / or submittals and / or detailed scope of work. 3. Attend meetings with City of Corpus Christi personnel and contractor personnel if required to communicate the content of report / review comments or resolve design related items of concern. B. Proposed Construction Phase Services: 1. Attend preconstruction meetings, construction meetings, and pre - commissioning meetings as requested by the City of Corpus Christi to provide general oversight and assistance with construction issues. 2. Provide technical assistance and general oversight including recommendations associated with: a. Minor (no cost) field alterations. b. Construction change orders. c. Project close -out documents. 3. Provide two (2) interim and one (1) final jobsite reviews (per site / facility) of work performed by the contractor, jobsite reviews to be made at such time desired by the. City of Corpus Christi, provided we are given adequate notice to allow scheduling of reviews. During such reviews we will assert every reasonable effort to enforce the requirements of the construction documents and protect the T:IProposaislCity or Corpus ChristilMcKinstryCDRevCASvcs _042312.doc Ms. Joelle Francois, P.E. City Of Corpus Christi April 23, 2012 Page 2 of 3 related interests of the City of Corpus Christi. We will not perform exhaustive reviews, nor will we guarantee the performance of the contractor. 4. Review of requests for payment submitted by the contractor in effort to ascertain whether such requests are reasonable and due. Authorization of submitted pay requests when appropriate. 5. Provide technical assistance and general oversight including recommendations during assessment of award of final acceptance. C. Conditions / Exclusions: 1. Review of construction documents proposed herein is limited to determination of whether such construction documents are in general compliance with previously approved contract documents reviewed by SCA — i.e. energy calculation portion of proposal documents, submittals, and detailed scope of work. Design issues such as errors, omissions, and logistical flaws which are discovered will be included in report / review comments. SCA will endeavor to discover such design deficiencies, however, SCA was not involved with design phase field work nor design development. For this reason, SCA may not have sufficient information available to discover certain design deficiencies which may exist. SCA shall not be responsible nor liable for discovery of design errors, omissions, nor logistical flaws for which information has been made reasonably available to SCA. 2. SCA has not been involved with any of the project financial aspects to date. For this reason, review by SCA of applications for payment submitted by McKinstry will be limited to: a. Determination as to whether the amount applied for is proportionally due with respect to the schedule of values previously approved by the City of Corpus Christi. b. Determination as to whether the format and content of application documents is in accordance with the contract requirements. 3. City of Corpus Christi personnel and / or McKinstry personnel will prepare and process all construction change order and close -out documents. SCA services associated with change orders and close -out documents are to be limited to services indicated by item B.2. of this proposal. D. Compensation: We will provide the above engineering services on an hourly basis for a not to exceed fee amount of One Hundred Twenty -Five Thousand Dollars ($125,000.00) in accordance with the following schedule of hourly rates: Engineer, P.E. $165.00 /hour Engineer, E.I.T. $ 85.00 /hour Designer $ 75.00 /hour CAD Technician $ 65.00 /hour Administrative Assistant $ 50.00 /hour E. Additional Services: If services are required (in writing by the City of Corpus Christi) in addition t� services included in Parts "A" and "B ", such services will be invoiced in T:IProposals\City or Corpus ChristiSMcKinslryCDRevCASvcs o42312.doc Ms. Joelle Francois, P.E. City Of Corpus Christi April 23, 2012 Page 3 of 3 accordance with the above schedule of hourly rates without regard to the status of the not to exceed fee amount. We appreciate the opportunity to continue to provide our service to the City of Corpus Christi. Please advise if additional information or clarification is required. Please indicate your acceptance of this proposal by signing in the space provided and returning one signed copy. STRIDDE, CALLINS & ASSOCIATES, INC. Accepted by CITY OF CORPUS CHRISTI Scott Stridde, P.E. SS /cm By: Name: Date: T.ProposalsiCity of Corpus Christi'tMcKinslryCDRevCASvcs 042312.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non - renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 K1Enginearing OataExchange%ClarissaJtCity Fac lities1E11102 . Facilities Energy Conservation - 20111Stndde, Callins 8 AssociatesAAmendment No 31LARGE AE EXHIBIT B. OCT 2010.00CX C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. K1Engineering DataExchangelClarissaJlCity Facilities1E11102 - Faabtios Energy Conservattan - 20111Stridde, Callins 8 AssociateslAmendmenI No 31LARGE AE EXHIBIT B- OCT 2010 DOCX H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. KSEngir eering DataExehange1ClarissaJ1C ty Faalaies1E11102 - Fac, ties Energy Conservation - 2011tStridde, Catlins 8 AssociatesWmendment Ho. 31LARGE AE EXHIBIT B- OCT 201a DOCX 121 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: �}r cicie �[1U<<IAS ciN21 AssocAerks Inc.. Th Pnx 4 (4 (a STREET ADDRESS: 34 �av,56.41 o n CITY: C orpks Chris h ZIP: 9t-K - FIRM IS: I. Corporation 4. Association 2. Partnership B 3. Sole Owner ❑ S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of' the City of Corpus Christi having an "ownership i interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NA Committee Board, Commission Or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Pr EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Seer ST1q1Ad6 Title: hesofrif/r <Type or Print} Signature of Certifying Person: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi. Texas either on a full or part -time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Page 2 of 2 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. E11102 - Energy Efficiency Retrofit for Major Facilities Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: June 8, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Construction Contract: Planning Department New Offices at City Hall First Floor CAPTION: a. Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. b. Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. PURPOSE: To approve a construction contract that will furnish labor, material and equipment to complete the Planning Department's new offices at City Hall's First Floor. BACKGROUND AND FINDINGS: The City of Corpus Christi Planning Department is being relocated to the First Floor near Central Cashiering in City Hall. This area was determined as having the most spacious area that could accommodate the Planning Department's requirements. The project will consist of the following: • Minor wall demolition • Creating a reception area • Creating larger office spaces • Installing doors • Building counter tops • Creating a new print shop area, storage closet, and conference space ALTERNATIVES: 1. Do not approve. OTHER CONSIDERATIONS: The relocation of the Planning Department will displace Senior Community Staff. However, the Parks and Recreation Department will relocate those displaced staff to the third floor of City Hall. This will allow for the centralization of Senior Community Services. Program Services, including the RSVP (Retired Senior Volunteer Program) and SCP (Senior Companion Program) will be moved to Heritage Park. There will be no disruption in services. This will have the added benefit of having all but one of the Heritage Park homes occupied. Job Order Contract (JOC) is an innovative contracting technique created for facilities maintenance and construction related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost effective and timely basis. CONFORMITY TO CITY POLICY: Complies with Texas Local Government Code 271.120 and City Policy EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Facilities Management Planning Department Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $83,784,51 $83,784.51 Encumbered / Expended Amount This item $58,849.48 $58,849.48 BALANCE $24,935.03 $24,935.03 Fund(s): Maintenance Services Fund (5110) Comments: This project will be funded by the Maintenance Services Unreserved Fund Balance. RECOMMENDATION: City Staff recommend the passage of the Ordinance that appropriates $83,784.51 from the Maintenance Services Unreserved Fund Balance and the approval of a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Planning Department New Offices at City Hall First Floor Project No. E12003 June 12, 2012 FUNDS AVAILABLE: Maintenance Services Operating Fund $ 83,784.51 FUNDS REQUIRED: Construction: (Barcom Commercial, Inc.) $ 58,849.48 Contingencies (10 %) $ 5,884.95 Consultant Fees: Consultant - (SolkaNavaTorno, LLC) * $ 14,195.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 1,618.36 Engineering Services (Project Mgt /Const. Mgt) $ 2,059.73 Finance Reimbursements $ 882.74 Misc. (Printing, etc.) $ 294.25 $ 83,784.51 TOTAL $ (0.00) ESTIMATED PROJECT BUDGET BALANCE *Original Contract approved by Administrative Approval March 16, 2012. File : \ Mproject \councilexhibits \exhE12003.dwg N'ECES B a1/ AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT N w CL 0 LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRIS'17 RAN INTERSTATE 37 LEOPARD ST. AN DIEGO ST. PROJECT # E12003 VICINITY MAP NOT TO SCALE PLANNING DEPARTMENT NEW OFFICES AT CITY HALL FIRST FLOOR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 is appropriated for the Planning Department New Offices at City Hall First Floor. Section 2. The FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase expenditures by $83,784.51. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0020 4 7dcc6990- a6b6- 43e0- 84f4- 88baf2e6cce6 Joe Adame Mayor Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary 0020 4 7dcc6990- a6b6- 43e0- 84f4- 88baf2e6cce6 Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: June 8, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 Jim Davis, Director of General Services jimd @cctexas.com, 826 -1909 Approval of Construction Contract: Planning Department New Offices at City Hall First Floor CAPTION: a. Ordinance appropriating $83,784.51 from the Maintenance Services Reserve for Building Improvements Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51. b. Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. PURPOSE: To approve a construction contract that will furnish labor, material and equipment to complete the Planning Department's new offices on the First Floor of City Hall. BACKGROUND AND FINDINGS: The City of Corpus Christi Planning and Environmental Services Department is being consolidated and relocated to the First Floor near Central Cashiering in City Hall. This area was determined as having the most efficient and effective area that could accommodate the Planning Department's requirements. The project will consist of the following: • Minor wall demolition • Creating a reception area • Creating larger office spaces • Installing doors • Building counter tops • Creating a new print shop area, storage closet, and conference space ALTERNATIVES: 1. Do not approve. OTHER CONSIDERATIONS: The relocation of the Planning Department will displace Senior Community Staff. However, the Parks and Recreation Department will relocate those displaced staff to the third floor of City Hall. This will allow for the centralization of Senior Community Services. Program Services, including the RSVP (Retired Senior Volunteer Program) and SCP (Senior Companion Program) will be moved to Heritage Park. There will be no disruption in services. This will have the added benefit of having all but one of the Heritage Park homes occupied. Job Order Contract (JOC) is an innovative contracting technique created for facilities maintenance and construction related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost effective and timely basis. The JOC Program utilizes an "on -call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. CONFORMITY TO CITY POLICY: Complies with Texas Local Government Code 271.120 and City Policy EMERGENCY / NON - EMERGENCY: Not Applicable FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $83,784,51 $83,784.51 Encumbered / Expended Amount This item $58,849.48 $58,849.48 BALANCE $24,935.03 $24,935.03 Fund(s): Maintenance Services Fund (5110) Comments: This project will be funded by the Maintenance Services Reserve for Building Improvements Fund Balance. RECOMMENDATION: City Staff recommend the passage of the Ordinance that appropriates $83,784.51 from the Maintenance Services Reserve for Building Improvements Fund Balance and the approval of a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $58,849.48 for the Planning Department New Offices at City Hall First Floor project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance PROJECT BUDGET Planning Department New Offices at City Hall First Floor Project No. E12003 May 29, 2012 FUNDS AVAILABLE: Maintenance Services Operating Fund $ 83,784.51 FUNDS REQUIRED: Construction: (Barcom Commercial, Inc.) $ 58,849.48 Contingencies (10 %) $ 5,884.95 Consultant Fees: Consultant - (SolkaNavaTorno, LLC) * $ 14,195.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 1,618.36 Engineering Services (Project Mgt /Const. Mgt) $ 2,059.73 Finance Reimbursements $ 882.74 Misc. (Printing, etc.) $ 294.25 $ 83,784.51 TOTAL $ (0.00) ESTIMATED PROJECT BUDGET BALANCE *Original Contract approved by Administrative Approval March 16, 2012. File : \ Mproject \councilexhibits \exhE12003.dwg N'ECES B a1/ AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT N w CL 0 LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS CHRIS'17 RAN INTERSTATE 37 LEOPARD ST. AN DIEGO ST. PROJECT # E12003 VICINITY MAP NOT TO SCALE PLANNING DEPARTMENT NEW OFFICES AT CITY HALL FIRST FLOOR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance appropriating $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Planning Department New Offices at City Hall First Floor; changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $83,784.51; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $83,784.51 from the Maintenance Services Unreserved Fund Balance No. 5110 is appropriated for the Planning Department New Offices at City Hall First Floor. Section 2. The FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase expenditures by $83,784.51. Section 3. That upon written request of the Mayor of five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of June, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor C: \Program Files \Granicus \Legistar5 \Packet \961_City Council_6_12_ 2012 \0021_4_5d1c5ce1 -06f8- 4331- A7d1- 1567d5565077.Docx Page 2 of 2 Corpus Christi, Texas day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott C: \Program Files \Granicus \Legistar5 \Packet \961_City Council_6_12_ 2012 \0021_4_5d1c5ce1 -06f8- 4331- A7d1- 1567d5565077.Docx AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 15, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Jim Davis, Director of General Services (361) 826 -1909 jimd@cctexas.com Award Job Order Construction Contract City Hall Exterior Lighting Improvements CAPTION: Motion authorizing the City Manager, or designee, to award a Job Order Construction Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $63,697.84 for City Hall Exterior Lighting Improvements for increased illumination and efficiency. PURPOSE: The purpose of this Agenda Item is to award the Job Order Construction Contract for the City Hall Exterior Lighting Improvements Project. BACKGROUND AND FINDINGS: In an effort to deter vandalism and improve safety to patrons and staff, lighting changes will occur at City Hall. The lighting on and around City Hall has been judged to be insufficient in illuminating capacity. To rectify this problem the proposed project will increase lighting to the City Hall exterior. In addition, the current parking lot lighting will be upgraded along with minor strategic additions. LED technology will be utilized to improve illumination and reduce electrical consumption. ALTERNATIVES: This project was bid with only a Base bid; thus, there are no alternative bid options to award. 1. The City Council options are to award this contract to the low bidder (Alpha Building Corporation) or 2. Not award contract. C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL_6_12_2012 0022 1 0DOCAEED- 6DC0- 48FE- 84C2- 0354C3DOE1CD.DOCX OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: ➢ Allows a better defined scope with cost for the customer. ➢ Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. ➢ Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. ➢ Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and /or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Facilities Management FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $278,641.68 $278,641.68 Encumbered / Expended Amount $201,087.55 $201,087.55 This item $63,697.84 $63,697.84 BALANCE $13,856.29 $13,856.29 Fund(s): Maintenance Services Operating Fund Comments: The project requires 65 calendar days, with anticipated completion approximately August 2012. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL_6_12_2012 0022 1 0DOCAEED- 6DC0- 48FE- 84C2- 0354C3DOE1CD.DOCX RECOMMENDATION: City staff recommends that the Job Order Construction Contract be awarded to Alpha Building Corporation of Corpus Christi, Texas in the amount of $63,697.84 for City Hall Exterior Lighting Improvements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL 6 12 2012 \0022 1 0DOCAEED- 6DC0- 48FE- 84C2- 0354C3DOE1CD.DOCX PROJECT BUDGET City Hall Exterior Lighting Improvements Project No. E12007 June 12, 2012 FUNDS AVAILABLE: Maintenance Services Operating Fund $278,641.68 FUNDS REQUIRED: Construction (Alpha Building Corporation) $63,697.84 Contingencies (10 %) 6,369.78 Engineering Services (3.5 %) 2,229.42 Misc. (Printing, Advertising, etc.) 250.00 Total $72,547.04 Estimated Project Budget Balance $206,094.64 File : \ Mproject \councilexhibits \exhE12007.dwg XUECES BAY CORPUS CHRISTI INTERNATIONAL AIRPORT 1 morE et.„ -ww4ra Z •�r, y s w POINT' PROJECT LOCATION LOCATION MAP NOT TO SCALE CORPUS CHRIS17 BAN PROJECT SITE ]] INTERSTATE 37 J®®E SRI= I88 ��C PROJECT # E12007 VICINITY MAP NOT TO SCALE N CITY HALL EXTERIOR LIGHTING IMPROVEMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 -- AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 24, 2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Department of Development Services 361.826.3246 Dan Biles, Interim Director Engineering Services 361.826.3729 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc. in the amount of $44,885.66. (South of Slough Road & east of Rodd Field Road) CAPTION: A) Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD — Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. B) Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 3, in the amount of $44,885.66 for the City's portion of the cost of Sydney Street abutting the linear park, in accordance with the Unified Development Code. BACKGROUND AND FINDINGS: The developer, Alty Enterprises, Inc., is proposing to develop the third phase of a multi - phased single - family residential subdivision named Greystone Subdivision. The subdivision is located south of Slough Road and east of Rodd Field Road. Greystone Subdivision Unit 3 will contain 32 single - family residential lots and 1 park lot. Greystone Subdivision has a preliminary plat that was approved by the Planning Commission in 2004 and thus a vested project in the Platting Ordinance. As a result, the street abutting the parkland must be designed to residential collector standards. The residential collector is larger than the local residential street. Since the City is requiring the developer to construct a larger street, the City is participating in half street construction for Sydney Drive which abuts the parkland. As allowed under the previous Platting Ordinance, a participation agreement for half street construction was granted for both Units 1 and 2. The participation agreement includes Participation Agreement with Alty Enterprises, Inc. City Council Meeting Date: June 12, 2012 Page 2 the street, curb, gutter and 4 -foot wide sidewalk. Since the park is the continuation of the linear park along Master Channel 31, a hike and bike trail is constructed within the park. The hike and bike trail is a concrete walk with a width ranging from 10 feet to 12 feet. The developer is in communication with the Park Department to use the proposed development's park fees to pay for the additional width of the trail. The additional width ranges from 6 feet to 8 feet because of the 4 -foot sidewalk included in the participation agreement. The Park Department will make the determination of the total width of the hike and bike trail. ALTERNATIVES: • Approve the Participation Agreement with Alty Enterprises, Inc. • Disapprove the Participation Agreement with Alty Enterprises, Inc. OTHER CONSIDERATIONS: Prior amendment to the CIP for Project #E12035 Corpus Christi Independent School District — Southside MS Tract PA, was approved by City Council on Tuesday, May 15, 2012 for $238,496.10. The financial impact table reflects and is inclusive of this amount. The ordinance presented herein is an administrative requirement of that approval. CONFORMITY TO CITY POLICY: The proposed roadway abutting a park is consistent with the Park Master Plan. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: The Department of Engineering Services, Finance & Resource Management Division has reviewed the funds available from the Bond 2008 Streets, Developers Participation line item and have verified that the monies are available. FINANCIAL IMPACT: CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,248,700.00 $151,300 $2,400,000.00 Encumbered / Expended Amount 1,935,558.52 (1,935,558.52) These items $283,381.76 (238,496.00) BALANCE 313,141.48 ($132,081.76) 181,059.72 C: AProgram Files \Granicus \Legistar5\Packet \961 _City Council 6_12_ 2012\ 0023_1 _fl 7a637e- 8d00- 42b8- 868d- 51927a97915 c. doc Participation Agreement with Alty Enterprises, Inc. City Council Meeting Date: June 12, 2012 Page 3 Fund(s): Street Bond 2008 Comments: The Project Expenditures to Date column shows a balance of $313,141.48 which was not anticipated at the time the Fiscal Year '12 Capital Improvement Budget was developed. Within the past few months, two Developer Participation projects were completed and came in under budget. This allowed funds, which were not used, to be released and be used to support this additional project. While current year funding shows a negative balance, the additional funds listed under "Project to Date Expenditures" will be used to offset the additional funds needed. This project is fully funded and a balance of $181,059.72 is anticipated to remain for additional Developer Participation projects. The Fiscal Year 2013 CIP shows this corrective action, but the timing of this project precedes the CIP's release. RECOM MENDATION: Staff recommends approval of the motion authorizing the City Manager or designee to enter into a Participation Agreement with Alty Enterprises, Inc. for the construction of the Sydney Street road improvements abutting a park not to exceed $44,885.66 and administrative approval to amend the CIP FY12 for the CCISD participation agreement approved by City Council on May 15, 2012. LIST OF SUPPORTING DOCUMENTS: Amending Ordinance Participation agreement C: AProgram Files \Granicus \Legistar5\Packet \961 _City Council 6_12_ 2012\ 0023_1 _fl 7a637e- 8d00- 42b8- 868d- 51927a97915 c. doc Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD — Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. BE IN ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to add Project #E12036 Greystone Subdivision, Unit 3, Street Participation Project and Project #12035 CCISD — Southside MS Tract PA, Street Participation Project. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to increase expenditures in the amount of $44,885.66 for Project #E12036 Greystone Subdivision, Unit 3, Street Participation and $238,496.10 for Project #E12035 CCISD — Southside MS Tract PA, Street Participation Section 3. That upon written request of the Mayor of five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of May, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Corpus Christi, Texas day of , 2012 Joe Adame Mayor 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 24, 2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Department of Development Services 361.826.3246 Dan Biles, Interim Director Engineering Services 361.826.3729 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc. in the amount of $44,885.66. (South of Slough Road & east of Rodd Field Road) CAPTION: A) Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Projects #E12036 Greystone Subdivision, Unit 3, Street Participation and #E12035 CCISD — Southside MS Tract PA, Street Participation; increasing expenditures in the amount of $283,381.76; and declaring an emergency. B) Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision Unit 3, in the amount of $44,885.66 for the City's portion of the cost of Sydney Street abutting the linear park, in accordance with the Unified Development Code. BACKGROUND AND FINDINGS: The developer, Alty Enterprises, Inc., is proposing to develop the third phase of a multi - phased single - family residential subdivision named Greystone Subdivision. The subdivision is located south of Slough Road and east of Rodd Field Road. Greystone Subdivision Unit 3 will contain 32 single - family residential lots and 1 park lot. Greystone Subdivision has a preliminary plat that was approved by the Planning Commission in 2004 and thus a vested project in the Platting Ordinance. As a result, the street abutting the parkland must be designed to residential collector standards. The residential collector is larger than the local residential street. Since the City is requiring the developer to construct a larger street, the City is participating in half street construction for Sydney Drive which abuts the parkland. As allowed under the previous Platting Ordinance, a participation agreement for half street construction was granted for both Units 1 and 2. The participation agreement includes Participation Agreement with Alty Enterprises, Inc. City Council Meeting Date: June 12, 2012 Page 2 the street, curb, gutter and 4 -foot wide sidewalk. Since the park is the continuation of the linear park along Master Channel 31, a hike and bike trail is constructed within the park. The hike and bike trail is a concrete walk with a width ranging from 10 feet to 12 feet. The developer is in communication with the Park Department to use the proposed development's park fees to pay for the additional width of the trail. The additional width ranges from 6 feet to 8 feet because of the 4 -foot sidewalk included in the participation agreement. The Park Department will make the determination of the total width of the hike and bike trail. ALTERNATIVES: • Approve the Participation Agreement with Alty Enterprises, Inc. • Disapprove the Participation Agreement with Alty Enterprises, Inc. OTHER CONSIDERATIONS: Prior amendment to the CIP for Project #E12035 Corpus Christi Independent School District — Southside MS Tract PA, was approved by City Council on Tuesday, May 15, 2012 for $238,496.10. The financial impact table reflects and is inclusive of this amount. The ordinance presented herein is an administrative requirement of that approval. CONFORMITY TO CITY POLICY: The proposed roadway abutting a park is consistent with the Park Master Plan. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: The Department of Engineering Services, Finance & Resource Management Division has reviewed the funds available from the Bond 2008 Streets, Developers Participation line item and have verified that the monies are available. FINANCIAL IMPACT: CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,248,700.00 $151,300 $2,400,000.00 Encumbered / Expended Amount 1,935,558.52 (1,935,558.52) These items $283,381.76 (238,496.00) BALANCE 313,141.48 ($132,081.76) 181,059.72 C:AProgram Files \Granicus \Legistar5 \Packet \961_City Council 6_12_ 2012\ 0024_ 1_ 26747f87- 1e69- 4bac- 9de3- 3d12514ef2el.doc Participation Agreement with Alty Enterprises, Inc. City Council Meeting Date: June 12, 2012 Page 3 Fund(s): Street Bond 2008 Comments: The Project Expenditures to Date column shows a balance of $313,141.48 which was not anticipated at the time the Fiscal Year '12 Capital Improvement Budget was developed. Within the past few months, two Developer Participation projects were completed and came in under budget. This allowed funds, which were not used, to be released and be used to support this additional project. While current year funding shows a negative balance, the additional funds listed under "Project to Date Expenditures" will be used to offset the additional funds needed. This project is fully funded and a balance of $181,059.72 is anticipated to remain for additional Developer Participation projects. The Fiscal Year 2013 CIP shows this corrective action, but the timing of this project precedes the CIP's release. RECOM MENDATION: Staff recommends approval of the motion authorizing the City Manager or designee to enter into a Participation Agreement with Alty Enterprises, Inc. for the construction of the Sydney Street road improvements abutting a park not to exceed $44,885.66 and administrative approval to amend the CIP FY12 for the CCISD participation agreement approved by City Council on May 15, 2012. LIST OF SUPPORTING DOCUMENTS: Amending Ordinance Participation agreement C:AProgram Files \Granicus \Legistar5 \Packet \961_City Council 6_12_ 2012\ 0024_ 1_ 26747f87- 1e69- 4bac- 9de3- 3d12514ef2el.doc Participation Agreement Between Alty Enterprises, Inc. and City Page 1 of 5 PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS PARTICIPATION AGREEMENT (hereinafter "Agreement ") is entered into between the City of Corpus Christi (the "City "), a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469 -9277 and Alty Enterprises, Inc. ( "Owner ") 3801 Cassowary Court, Corpus Christi, Texas 78414. WHEREAS, the Owner owns certain real property located in Nueces County, Texas, being 7.818 acres out of Lots 3 and 4, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property ") as shown on the attached final plat (Exhibit 1) and Owner desires to plat the Property designated on Exhibit 1 as Greystone Subdivision Unit 3, hereinafter referred to as "Plat "; and WHEREAS, as a condition of the Plat, Owner is required to extend and construct Sydney Street from its existing terminus for a distance of approximately two hundred sixty (260) feet to its proposed terminus at the east end of the proposed development as depicted on and in accordance with the improvement requirements set forth on Exhibit 2 (the "Roadway Extension "); and WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by Owner in conjunction with the Owner's final plat; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with an owner of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement complies with Texas Local Government Code § 212.071 et seq. and the Unified Development Code, Section 8.4.1 (A). NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Owner agree as follows: Subject to the terms of this Agreement and the Plat attached and incorporated as Exhibit 1, Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. Participation Agreement Between Alty Enterprises, Inc. and City Page 2 of 5 The parties acknowledge and confirm the Preliminary Reimbursement Cost Estimate for construction of the Roadway Extension, attached and incorporated as Exhibit 3 (the "Cost Estimate "). Subject to the limitation below, Owner shall pay a portion of the costs of construction of the Roadway Extension. Subject to the limitation set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable on the Cost Estimate attached as Exhibit 3. Notwithstanding any other provision of this Agreement, the total that the City shall pay for the City's agreed share of the costs of the Roadway Extension shall not exceed $44,885.66. The City shall reimburse the Owner the City's agreed costs of the Roadway Extension monthly based on the percentage of construction completed upon receipt of Owner's invoice for the work performed. Such reimbursement shall be made payable to: Alty Enterprises, Inc. Attn: Louis Alty, President 3801 Cassowary Court Corpus Christi, Texas 78414 The invoices must be paid no later than thirty (30) days from the date of the Owner's invoice. Owner shall submit all required performance bonds and proof of required insurance in accordance with applicable laws. Owner shall submit standard contract documents for review and approval. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify Owner of any defect, deficiency or other non - approved condition in the progress of the Roadway Extension. In accordance with Section 212.073, Texas Local Government Code, Owner shall cause the construction contractor that Owner engages to construct the Roadway Extension to execute a performance bond for the construction of the Roadway Extension improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR Participation Agreement Between Alty Enterprises, Inc. and City Page 3 of 5 REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF GREYSTONE SUBDIVISION UNIT 3 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR. ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112, Owner agrees to complete the Disclosure of Ownership Interests form Exhibit 4 (attached and incorporated). This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Owner from and after the date that all original copies have been executed by all signatories. EXECUTED in triplicate originals *this 11 r' day of MA , 2012. Signatures are found on Pages 4 and 5. Participation Agreement Between Alty Enterprises, Inc. and City Page 4 of 5 OWNER: Alty Enterprises, Inc. ouis Alty President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on fifl44 I Alty, President, Alty Enterprises, Inc. CRISTA L. WAtTON Notary Public, State of Texas -7 My Commission Expires August 18, 2014 2012, by Louis Notary Public, State of Texas Participation Agreement Between Alty Enterprises, Inc. and City Page 5 of 5 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § Ronald L. Olson City Manager This instrument was signed by Armando Chapa, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 20 . Notary Public, State Of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 20 . Notary Public, State Of Texas Stale of Texas County of Nuecea AMF911CAN BANK, N,A.,, o National Aseoctottan, hereby certifies that: It hIXds o lion N property owned by ALT. ENTERPRISES, INC., a Texas Corporation. as shown an Ins fare 01100 and it approves sal the xubdiviskn and (10(4.±00 for the puede and aansNter'oll therein expressed. This the cloy of 0111€21CAN BANK, N.A. By JAMES 0, 10*00T1, Capanuaaan. tan State of 00x00 County of hued. This Instrument was oaknowle4ged before me by JAMES T. PICKETT, oe Construction E..14 Moor of AMERICAN BANK. 9.0.. o Notional Association. an behalf of said Bonk. Tide the _ day of _ Notary Puti110 in and Stale of Texas County of Nuewe ALST ENTERPRISES INC,,. hereby certifies 001 ft le the 0W0er of all of the property Mown within Int boundaries 41 Ott fateg01ng pt0l,.. 110ce and exempt tat 21, Black I (S y4;i:.e Pork): that ll hoe had sold Indo surveyed and aub4lddod 00 shorn: thatsteels alarm ore dedicated 1 la. thepublic use ion 4h a1 saw is l iew dsdiPole t the mode e for phi a t q flat,, iption en and use of public tq.kbgan d that this stop was mode for the purpose of deepiplien end dedkattm. This the __ day of 8y 0.1.00 EN1E21P1OSC . INC. By MIS AI:tY, President State of Towle County of Nutu.s Thio Mewme01 000 0000 ENTERPRISES, 1100., on ea This the cloy of 0404 b01w'e mo by y Public in end ion the Stat, of Tmee Stole of Teems Crusty of Newest THE glTr 02 CORPUS 009±011. hereby ceruses Blot 1t is aha 0008 of Lot 21. Black 1 (Greystone Park), of the foregoing plat; Snot it has had said Inds surveyed and subdi0ded as sheen: Plot easements as shown ore' dedicated to the public use for Ila Inatollo±0 operation an4 use of public ut0Nim1 and thou this map was mode far the purpose of desorfottol mod dedication. This the ._.. day of 89 THE. (000 02 CORMS 008±511 State of Texas County of Nuesse This Instrument w.as acknowledged before me by RONA1,0 0 OL505, on behalf of ME CITY OF CORPUS 0091ST, Tilts the ,,.,,,. say .t N0lory public in and for the Slone of Taxes Plat of ystone Subdivision Unit 3 7,818 acres of /and out al Lots 3 and 4, Section iS Roes Skiff and EncMd Farm and Garden Desist a mop o/ Weise is recorded in Worse A, Pages 41-44 Nps Records ed Messes Cam1F. Texas. Nates' 1.) 00101 platted area ppntalre 7,818 acres of kind (Inalud el 10 2.) Sal 5/8 loth Iron hada with red ptd0110 dap stumped "URBAN ENO C.C. TO' at all Lot corners, except where noted. 3.) The recel4ing water 000 the slams water runoff from ter 8 property le Sha 0.0 Boy. The TCE0 hue 4ass11104 The 0400110 life use firthe Deo Boy as xceptional" and "oyster waters'. The 70E0 also categorized the receiving water oa "Contact redreatlan- 008, 4,) 9earin4s are bowed on the recorded plat of Cifeysloos SMhd±khion Unit 1, o map of which ie recorded M Xahirne 85. Pages 4 and 5, Map Remands of Hueco* COunly. Texas. 5.) By graphic 01011 ng only, this property is In Zones "9" and "C" on flood Insurance Rote. Map, Community Ronal N0. 485494 0540 C, City of Corpus Christ]. Texas, which beers an 011,01100 date of March 18, 1985 and R not In a Special Flood Hazard Area. 0,) No Driveway Access to be permitted along Slough Rood.. 7,) Contours. shown are based an. NOW 20 datum. B) Alty Enterprises, Inc, is the owner of 7,520 acres of land The City at Cereus Ch,ist1 Is the *tuner at 0.288 sores of load. 9.) Greystone Pork (Lot 21, Block 1) has been dedicated to the City by separate instrument. N.T.S. Slate of Tosco County of Nueces 1, Joon J. 5PPoxor. a Registered Professional Land Surveyor for Lr00n Engineering. hove prepared the farsg0fng map froma survey mode on the ground udder my 41ee0Nan rid to true and consist 10 the beet al tny knowledge, Information and belief, hove been gaged under contract to est all I.al and Biac4. comers 0.s shown herein and to. complete such operations Intl due a.. reasonable diligence cenetetent with sound p100eeekn01 grackles, TNIs 1110 day of 20 Juan J. 5010,01, R.P.t.S, Tomo License No, 4809 State at T'exo.. County of Nuecte Tide float pat of the he Services of the City of filo the cloy of described property woe approved by the Oepprtmani of Se.eippman1 us Christi. Texas, 0 Ar00ndo Develop/m.1 0,Tykes Engine., Slate of Texas County of Nutmeg fits 0100 platof the herein described property was roved un b%m11 o1 the City of Corpus Christi, Texas by the P1annis9 Commission, 0118 ins day of Migu0 5. 50±4040, A.1.0.0. Secretory 20 Rudy Garda, Chef an Slate 01 Terve County of Nse0e4 I, 12000 1. Bartow. Clark 01 the County Court In and for sold County, da hereby Perla) that the faregafng instrument doled the _,v day of __, a 20 , with Ire certificate of au1Eiaa,tkalion way Med for record 1,0 my office the _ day of 20 At ..�. O'clock „___M and duly recorded the ,®_ day of —______,.. 20_®_, at O'ctadv in sold County 0 Marne Pose Mop Record.. Witness my hand and .seal of the County Court. in and'. for sold County. et slks Texas. the day and year 1001 written.. Filed: for Record mt. O'clock _ 20– e we. Diana r. samara. C glad. Neeae§ 0,01117. 10x00. By. Deputy URE3 A #'1 BATE:: Dec. 39, 2011 ENGINEERINGI I" -Noce caews crrNtI` .1604,0„1.1 38779.81,01 SHEET: 1 of 2. 444. DRAWN Dr; 00 IOW Sri. ori 80.1,1 ARC 11,14111 15:11' ts.9t` 149.89 ... ,_ .. i gli ... ,... ac k_crw Rates: 1.) Toto/ padded arta contains 7818 oases o€ lone (includes 9819 dedladkion). 2.)Set 5/6 inch iron rode +rich red piosila cop' stomp. 'URBAN 944GR C.C. . TX' art. o9 Lotcorners, axc04% wher0 noted, 9109 w akar ter the et.. soter runoff frau* this property 4 the 0/8 9400 has 8aes:fied the oduotk Iife. use far the {1so Roy so 1. and 'oyster eaters'. The TM oleo cotagmized the meshing tion' use. 9). Btarings .sea basad oro iht r 000dtd p!ot 0' 0reyyst000 Subdivision Una 1, 0 MOP of wtn. ss rtawdad &7 Y#urraa 85, 98900 4 444 5, flop Reese. of Naecta' County, graphic plotting, only, this property isin in@r.r0480 Rate Roo, Community Pond NR CW+st=. Terse, *nide 08.8 oneffective dote a1 44x19 1 a 5psaial food HooarO Area.. 8..) do prruoaoy 884490 to be 457471144 8/47771 Slough Rood.. 7,). Contours shot. ore basad on NC40 29 datura. 8.}. qty Enterprise, Ino, iethe owner of 7.520 pares of Wed. The City of C8rpoe Chiesti is the owner of 0.298 eddies of fond. 9.).8900/.1880 Rork (Lot. 21. Block 1) Not boon dedicated to. the City by soporole'.. 91140804481. n0 '0` an Flood Ci Corpus 8, 1495 ane ;s.... not in 150 100 50 0 400 213 Graphic. Scala 1'8100' Ckvysm©c Subdivision Unit 3 7818 pores of lord a+f of Lofs J ofd 4, 5e410n T5, ruff,' Skiff and EnCkli farm and Carder Tracts, p mqe o/ Aare is recorded it Mow 4 Posers 41-4 9 Records o1 ?emcee Caun4, revs URBAN ENGINEERING 44,41.344 4.444n, RATE: Bac.. 30,, 2011... SCALE,. 1 °s IOW d48 N4.: 39779.81.01 SKR?:: 2 of 2 DRAWN Shi%f' STON PARK UNITi2 FUTURE UNITS 25 Syd r ear Street � -- CITY2PARfICIPATION "'L' CURE 12" $7DEWAL g. Cr a Q Nd E 5?: =44;ix 25' D.E. Jr.; ma o !�(�PLAT)rslL99i �"'" 1 21r4. S 66Six c 1 _ ._ _. _..... EXISTING DITCH 31 bRAINAGE EASEMENT GREYSTONE PARK UNIT 3 PARK PARTICIPATION EXHIBIT EXHIBIT "A" 7.7 OENGINEERING CORPUS CHRISTI. MOS "rr.. . NO c„ , JOB NO. 39779.81.01 SCALE: 1"=50' APRIL 10, 2012 Eng: Murf Hudson, P.E. Client: Louis Alty By: Max Construction Park Participation Estimate for GREYSTONE SUBDIVISION UNIT 3 April 10, 2012 Job No. 39779.B1.01 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. PAVING IMPROVEMENTS: 1 Clear and Grub 0.178 0.187 AC $650.00 $121.55 2 Excavation 650 683 CY $11.00 $7,513.00 3 2" HMAC Including Prime Coat 520 546 SY $14.75 $8,053.50 4 6" Crushed Limestone Base 520 546 SY $12.00 $6,552.00 5 8" Lime Stabilized Subgrade 635 667 SY $6.00 $4,002.00 6 6" 'L' Curb 260 273 LF $13.00 $3,549.00 7 4' of 12' Hike and Bike Path 1,058 1,111 SF $5.25 $5,832.75 8 15" RCP 40 42 LF $43.50 $1,827.00 9 Post Inlet Tie 1 1 EA $1,345.00 $1,345.00 10 5' Slot Inlet 1 1 EA $2,765.00 $2,765.00 PAVING SUB - TOTAL: $41,560.80 ENGINEERING @ 8 %: $3,324.86 TOTAL ESTIMATED PARTICIPATION: $44,885.66 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 EXHIBIT 3 1 of 1 witSUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Alty Enterprises, Inc. P. O. BOX: STREET ADDRESS: 3801 Cassowary Court FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78414 2. Partnership 5. Other B 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A N/A EXHIBIT 4 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Signature of Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 4 AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning Department PeteAn @cctexas. corn (361) 826-3781 Urban Transportation Plan Amendment for realignment of Aquarius Street CAPTION: Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for modification of street alignment of Aquarius Street; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. PURPOSE: An amendment to the Urban Transportation Plan for the extension of Aquarius Street. BACKGROUND AND FINDINGS: The alignment of Aquarius Street has been proposed to deviate from the current adopted Urban Transportation Plan. The proposed realignment would extend the existing Aquarius Drive dead - end at Dasmarinas Drive, north eastward of its current location to connect with Commodores Drive across from Fire Station 15. See Figure 3. The proposed realignment will allow for circulation as intended by directing traffic from the neighborhood to Commodores Drive and connection with Park Road 22. The purpose of a collector street is to direct traffic to the arterial street system with minimal disruption to areas of low density. The proposed connection will reduce increases in traffic along a portion of Commodores Drive compared with the existing adopted alignment. The proposed alignment will allow for more direct emergency response, particularly from Fire State 15, to neighborhoods on either side of Whitecap Boulevard. ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: An amendment to an existing plan. EMERGENCY / NON - EMERGENCY: Staff is requesting a non - emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non - controversial item. DEPARTMENTAL CLEARANCES: Transportation Advisory Committee: On January 23, the Transportation Advisory Committee recommended approval of the amendment to the Urban Transportation Plan. Planning Commission: On March 28, 2012 the Planning Commission recommended approval of the amendment to the Urban Transportation Plan. FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Planning Staff recommends approval of the amendment to the Urban Transportation Plan in accordance with the recommendations of the Planning Commission and the Transportation Advisory Committee. LIST OF SUPPORTING DOCUMENTS: Ordinance The following are excerpts from the minutes of the Transportation Advisory Committee and the Planning Commission. Urban Transportation Plan Amendment — Padre Island Area, Aquarius Street Transportation Advisory Committee, January 23, 2012: 2. Discussion of Aquarius Street Alignment with Possible Action Taken: Mr. Cardenas said this is a follow up from another item that was previously discussed by this committee. Mr. Cardenas said Mr. Bob Payne would discuss the proposed alignment of Aquarius St. Mr. Payne said this plan is a little behind and we need to keep our plans updated and consistent with what we are going to construct. The idea here is to go to the Planning Commission and City Council as soon as we are able. Ms. Beard asked if the funds for this are from a previous bond issue. Mr. Payne responded that he is not totally up on the funding but that is what he understands. Mr. Payne showed and explained an aerial of the proposed realignment. He said the proposed realignment will allow for circulation as intended by directing traffic from the neighborhood to Commodores Dr. and connection with Park Rd. 22. The purpose of a collector street is to direct traffic to the arterial street system with minimal disruption to areas of low density. Mr. Payne said the proposed connection will reduce increases in traffic along a portion of Commodores Dr. compared with the existing adopted alignment. The proposed alignment will allow for more direct emergency response, particularly from Fire Station 15, to neighborhoods on either side of Whitecap Blvd. The proposed alignment is consistent with the preliminary designs for the proposed Schlitterbahn Water Park/Resort Development. He said this is something that is going to happen and we are updating maintenance on one of the plans. He asked the committee to recommend approval; therefore, they can move forward with this. Mr. Payne said if the committee would like to take action on this today, please do so, if not then it can wait. Planning Commission, March 28, 2012: Aquarius Street: Mr. Payne stated the realignment of Aquarius Street has been proposed to deviate from the current adopted Urban Transportation Plan and would extend the existing Aquarius Street dead -end at Dasmarinas Drive, north eastward of its current location to connect with Commodores Drive across from Fire Station 15. Mr. Payne stated the realignment would be done according to the City Council approved construction plans. Mr. Payne continued that the proposed amendment was presented to the Traffic Advisory Committee (TAC) at their January 23, 2012 meeting and it was approved. Mr. Payne continued that Staff recommended approval of the amendment. Vice Chairman Huerta stated from the TAC's standpoint, would the realignment affect their flow of traffic and Mr. Payne responded that the flow of traffic would go directly to Whitecap Boulevard. Extending the street would allow high speed traffic, the area would be impacted less to speed traffic and fire protection would be enhanced because of quicker response time. Vice Chairman Huerta stated that Staff needed to make sure the realignment met all guidelines. Mr. Pete Anaya, Planning Director, addressed the commission. Mr. Anaya stated the long -term impact on the area was that Aquarius Street will dead -end at the canal. Commissioner Castillo asked if the area had been platted and Mr. Anaya answered yes and the old alignment was vacated. Mr. Anaya continued that with the new realignment, the property was also platted. After Mr. Anaya's comments concluded, the public hearing was opened. After all comments and discussion concluded, the public hearing was closed and Chairman Garza called for a motion. Motion to approve the proposed realignment of Aquarius Street as an amendment to the Urban Transportation was made by Commissioner Tamez and seconded by Vice Chairman Huerta. Motion passed with Commissioner Nadkarni absent. Ordinance amending the Urban Transportation Ran, an element of the Comprehensive Ran of the City of Corpus Christi, by providing for modification of street alignment of Aquarius Street; amending related elements of the Comprehensive Ran of the City; providing for severance; providing for publication. Whereas the Planning Commission has forwarded to the aty Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Ran, an element of the Comprehensive Plan of the aty of Corpus Christi, Texas; Whereas, Planning Commission public meeting was held on Wednesday March 28, 2012 regarding amendments to the Transportation Plan, during which all interested persons were allowed to appear and be heard; Whereas, the aty Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the aty of Corpus Christi, and its citizens; Now, therefore, be it ordained by the City Council of the City of CorpusChristi, Texas Section 1. That the Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the aty of Corpus Christi, Texas), is amended by providing for realignment of Aquarius Street, as shown on Exhibit A, which is attached to and incorporated into this Ordinance. Section 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Ran, the Comprehensive Ran induding the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. Section 3. That the Comprehensive Plan of the aty of Corpus Christi, Texas, as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. Section 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this Ordinance. Section 5. The aty Council intends that every section, paragraph, subdivision, dause, phrase, word or provision of this Ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, dause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, dause, phrase, word, or provision of this ordinance. Section 6. Publication shall be made in the official publication of the aty of Corpus Christi as required by the aty Charter of the aty of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on thisthe day of , 2012, by the following vote: ,be Mame David Loeb Chris N. Adler John E Marez Kelley Allen Nelda Martinez Larry El izondo Mark Scott Priscilla G Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: ,be Mame David Loeb Chris N. Adler John E Marez Kelley Allen Nelda Martinez Larry El izondo Mark Scott Priscilla G Leal PASSED AND APPROVED, thisthe day of , 2012. ATTEST Armando Chapa ,be Aflame City Secretary Mayor Aquarius Street Exhibit A Portions of Aquarius a. to be deleted from the Ran Commodores Drive 0 T, Lij New Alignment of Aquarius areet Aquarius areet AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: May 9, 2012 Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning Department PeteAn @cctexas. corn (361) 826-3781 Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by realigning the extension of Martin Street and, designation of Dorado Street and a portion of Hacala Street to a C -1 Collector. CAPTION: Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for realignment and the extension of Martin Street to parallel State Highway 286 and connect with a future east west collector; providing for the designation of Dorado Street as a C -1 Collector, and designation of Hacala Street as a C -1 Collector, between Dorado and Frio Streets; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. PURPOSE: These amendments address concerns raised by a developer concerning a conflict between a proposed Cottage District development and the future extension of Martin Street. BACKGROUND AND FINDINGS: The current adopted plan, if implemented would require Martin Street to cut across a proposed cottage district development. The proposed Cottage District development overall site plan is attached. Working with the developer, staff was able to identify an alternative collector street network that would allow for connectivity and the proposed cottage district housing. Therefore, Dorado Street and a portion of Hacala Street (between Frio and Dorado Streets) are proposed to be designated as C -1 Collectors. In addition, Martin Street is proposed to be shown on the Urban Transportation Plan as a C -1 Collector to be extended parallel with State Highway 286 (Crosstown Expressway). Designation of Dorado and Hacala Streets as C -1 Collectors will serve the internal circulation needs of the expanding neighborhood. The extension of Martin Street as a parallel collector street to State Highway 286 will help to control congestion near the State Highway 286 and provide neighborhood access to future higher intensity uses next to the highway. The Developer agrees with the staff recommendation. ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: An amendment to an existing plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Transportation Advisory Committee: On February 27, the Transportation Advisory Committee recommended approval of the amendment to the Urban Transportation Plan. Planning Commission: On March 28, 2012 the Planning Commission recommended approval of the amendment to the Urban Transportation Plan. FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Planning Staff recommends approval of an amendment to the Urban Transportation Plan by: 1. Designating Dorado Street a C -1 Collector and, Hacala Street, between Dorado and Frio Streets, as a C -1, Collector street; and 2. Realignment and extension of Martin Street as a C -1 Collector Street parallel to State Highway 286 to the proposed east -west collector to the south. LIST OF SUPPORTING DOCUMENTS: Cottage District Site Plan Ordinance Transportation Advisory Committee Minutes Planning Commission Minutes Cottage District Site Plan Current Plan Hacala St. --- Dorade irst SN F LOS ENCrNOS SCHOOL. 5 ACRES 150 COTTA .. N 5 CLUS° Martin St. KENTUCKY DERBY BOHEMIAN COLON/LANDS SCHEMATIC STUDY 6 rev. 3 -(5 -2012 SKADVANCED HOUSING ALTERNATIVES CORPORATION LARRY MONEY, ARCHITEC Ia13yrnoney5Ngmz l.cnm S5rl 516 -1155 Proposed Plan Change COLON COTTAGES LOS I NCIRi05 SCHOOL KENTUCKY DERBY OgVE. YY o so iw x; BOHEMIAN COLONYILANDS SCHEMATIC STUDY 6 rev. 3- 6 -.2012 r rADVANCED FIOUS$NG ALTERNATIVES CORPORATION LARRY MONEY, ARCHITE .. f larn?.non y5 gmail.conn 76.1 R1l.f IRS The following are excerpts from the minutes of the Transportation Advisory Committee and the Planning Commission. Urban Transportation Plan Amendment — Westside Area Proposed Martin Street Extension Transportation Advisory Committee, February 27, 2012: 2. Discussion of Proposed Extension of Martin Street as a Collector with Possible Action Taken: Mr. Cardenas said this is also an amendment to the Urban Transportation Plan. He said Ms. Annika Gunning and Mr. Bob Payne with the Planning Department will be presenting this item. Mr. Payne presented a map of the proposed area. He said the alignment of Martin St. to Frio St. has been proposed to deviate from the current adopted Urban Transportation Plan. Mr. Payne stated that Martin St. should be extended to give us the connectivity we are looking for. He said this promotes smart growth principles, walking to your community or walking to schools in this neighborhood. Mr. Payne said extending Martin St. along this line would be beneficial to getting people to the school. Ms. Beard inquired what would be the reason not to extend Martin St. Mr. Payne stated that he does not think of a good reason not to extend Martin St. The committee agreed to approve the extension of Martin St. Planning Commission, March 28, 2012: Martin Street Extension as a Collector: Mr. Payne showed an aerial view showing continuation of Martin Street to the Crosstown Freeway (SH 286). Mr. Payne stated the proposed realignment of Martin Street to Frio Street would realign the designated collector street to turn onto Dorado Street, then Hacala Street and finally onto Frio Street. The street was also proposed to be extended as a collector. Mr. Payne continued the proposed realignment would allow for circulation by directing traffic from Martin Street and without impacting a proposed "cottage development." Mr. Payne continued that it was also proposed that Martin Street be extended to provide circulation within the neighborhood to properties abutting State Highway 286; which would allow access to commercial businesses on the freeway without having to take a more circuitous route to Holly Road or Saratoga Boulevard. Mr. Payne stated Staff's recommendations were approved by the Transportation Advisory Board and also by the developer. After Mr. Payne's presentation, the floor was opened for discussion by commissioners. Commissioner Castillo asked if this property was located in the AICUZ and Mr. Payne responded that the property was in close proximity, but it was not actually in the AICUZ. Vice Chairman Huerta asked if Martin Street, as a collector, if there would be an issue having a 90- degree turn and Mr. Payne responded that the turn should not be an issue. Mr. Payne continued that Staff felt this was a reasonable change to the Transportation Plan. Commissioner Castillo asked if the land owner had been notified of what was proposed and that with this proposal to extend Martin Street, he would lose some of his property to street right -of -way and Mr. Payne answered that Staff had not met with the property owner. Commissioner Castillo stated, as a courtesy, Staff should let them know what was happening and that he would be losing part of his property for street right -of -way. Commissioner Castillo continued he completely agreed with the concept, but as a courtesy, the owner should be notified. After further comments and discussion concluded, the public hearing was opened. George Hodge, 6530 Maximus Drive, addressed the commission. Mr. Hodge stated that as one of the developers on the cottage housing development in the neighborhood, they were aware of the proposed extension of Martin Street and felt it would increase the safety factor in the neighborhood. Mr. Hodge continued the corporation constructing the "cottage housing development" was non - profit and he was requesting any assistance the City could provide in funding the project. Mr. Hodge stated with the proposed extension, there should not be any delays to their project. Mr. Hodge continued he was excited to be part of a corporation that provided affordable housing within the area. Chairman Garza told Mr. Hodge they did a great job on the Oak Park Cottage Housing development and it was a needed addition to the neighborhood. After all comments concluded, the public hearing was closed. Chairman Garza called for a motion. Motion to approve designating Hacala Street (between Dorado and Frio Streets) and Dorado Street with a C -1, Collector Street designation and extend Martin Street as a C -1 Collector Street parallel to State Highway 286 to the proposed east/west collector was made by Commissioner Tamez and seconded by Commissioner Kelly. Motion carried with Commissioner Nadkarni absent. Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by providing for realignment and the extension of Martin Street to parallel State Highway 286 and connect with a future east west collector; providing for the designation of Dorado Street as a C -1 Collector, and designation of Hacala Street as a C -1 Collector, between Dorado and Frio Streets; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. Whereasy the Planning Commission has forwarded to the aty Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the aty of Corpus Christi, Texas; Whereas, Planning Commission public meeting was held on Wednesday March 28, 2012 regarding amendments to the Transportation Ran, during which all interested persons were allowed to appear and be heard; Whereas, the aty Council has determined that these amendments best serve public health, necessity, and convenience, and the general welfare of the aty of Corpus Christi, and its citizens; Now, therefore, be it ordained by the aty Council of the aty of CorpusChristi, Texas Section 1. That the Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the aty of Corpus Christi, Texas), is amended by providing for realignment and the extension of Martin Street to parallel Sate Highway 286 and connect with a future east west collector; providing for the designat ion of Dorado Street as a C-1 collector; and providing for designation of Hacala Street as a C-1 collector, between Dorado and Frio Streets, all as shown on Exhibit A, which is attached to and incorporated into this Ordinance. Section 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan induding the Urban Transportation Plan, is amended to conform to the amendments made by this Ordinance. Section 3. That the Comprehensive Plan of the aty of Corpus Christi, Texas, as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. Section 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this Ordinance. Section 5. The aty Council intends that every section, paragraph, subdivision, dause, phrase, word or provision of this Ordinance shall be given full force and effect for its purpose. If any section, paragraph, dause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, dause, phrase, word, or provision of this ordinance. Section 6. Publication shall be made in the official publication of the aty of Corpus Christi as required by the aty Charter of the aty of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: ,be Mame David Loeb Chris N. Adler John E Marez Kelley Allen Nelda Martinez Larry El izondo Mark Scott Priscilla G Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: ,be Mame David Loeb Chris N. Adler John E Marez Kelley Allen Nelda Martinez Larry El izondo Mark Scott Priscilla G Leal PASSED AND APPROVED, this the day of , 2012. ATTEST Armando Chapa ,be Aflame City Secretary Mayor Exhibit A Martin Street Realigiment and Desigiation of C.1 Collector Streets- Dorado Street and, Hacala Street between Dorado and Frio Streets Designate Hacala areet a C-1 Collector, between Dorado Greet and Frio Greet Designate Dorado Greet aC-1 Collector Holly Ibad Realign Martin areet, a C-1 Collector to be extended parallel to aate Hwy 286 and connect with a future collector east -west collector Crosstown Expressway Gate Hwy 286 AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director, Planning Department PeteAn @cctexas. corn (361) 826-3781 Public Hearing to consider an Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. CAPTION: Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicycle and Pedestrian Plan Map; amending related elements of the Comprehensive Plan of the City; providing for severance; providing for publication. PURPOSE: To amend the Urban Transportation Plan Hike and Bike Trail System by designating Master Channel Ditch 27 a Hike and Bike Trail. BACKGROUND AND FINDINGS: The proposed designation would allow the maintenance access ways on both sides of Master Channel Ditch 27 to serve a dual purpose for ditch maintenance equipment access and for public trail access. Any improvements for the trail system on Master Channel Ditch 27 shall not conflict with Storm Water operations. If Master Channel Ditch 27 is illustrated on the adopted plan then park dedication funds obtained during the development process could be used to improve the trail system. ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: An amendment to an existing plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Transportation Advisory Committee: On March 26, the Transportation Advisory Committee recommended approval of the amendment to the Urban Transportation Plan. Planning Commission: On March 28, 2012 the Planning Commission recommended approval of the amendment to the Urban Transportation Plan. FINANCIAL IMPACT: N/A ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Planning Staff recommends approval of the amendment to the Urban Transportation Plan in accordance with the recommendations of the Planning Commission and the Transportation Advisory Committee. LIST OF SUPPORTING DOCUMENTS: Ordinance Transportation Advisory Committee Minutes Planning Commission Minutes The following are excerpts from the minutes of the Transportation Advisory Committee and the Planning Commission. Urban Transportation Plan Amendment — Bike Path on Master Drainage Ditch 27 Transportation Advisory Committee, March 26, 2012: 1. Discussion with Possible Action of Master Ditch 27: Mr. Cardenas introduced Mr. Andrew Dimas with the Planning Dept. Mr. Dimas demonstrated an illustration of Master Ditch 27 to show the outlay of ditches in that area. He said they are working on an update for the master plan for hike and bike trails. The first step is taking in existing conditions. One of those first steps is inventory of the current master ditches to make sure all of them are on the current bike and hike trail map. This step incorporates it on the existing map that the MPO and the City have worked on together. Therefore, when creating a new master plan everything is included. Mr. Rock inquired when adding to a hike and bike trail are there any additional improvements. Mr. Dimas responded they are protecting what currently exists. For that reason, if it is concrete, it is making sure that any equipment being used by the Storm Water Department will not damage it. Some of the subcommittees with Bold Future have actually asked to preserve green space and not add any type of crushed granite or concrete because the cross - trainers like to use grass versus any type of impervious surface. Mr. Cardenas asked while the exhibit was being presented if the new high school is a definite. Mr. Dimas answered it is not a definite, but they do add it into the equation just in case it goes through and it is recognized in the plan. Mr. Cardenas inquired if the pedestrian and hike and bike portion of the Urban Transportation Plan be updated as well. Mr. Dimas responded yes this would be part of the master plan hike and bike trail. Mr. Cardenas questioned if this would be coming as a separate item for the hike and bike trail or would it all be tied into one. Mr. Dimas stated that it all be tied into one as an amendment to the current Urban Transportation Plan. Mr. Rock stated that Master Ditch 27 is along Brooke Rd. and this is not a well - developed road for biking and hiking. He said this was the intent of his earlier question about adding sidewalks and things like that. Mr. Dimas mentioned the idea with the master plan is putting it in the books now and when developers start plotting and constructing the roads, they would set aside those portions. Mr. Dimas said it is easier to define it now then try to retro fit later. a. Recommendation to Add Master Ditch 27 to Existing Hike and Bike Trail System on Both Sides of the Ditch with Possible Action Taken: Ms. Beard motioned to add the Master Ditch 27 to the Master Plan. Mr. Dudek seconded. Motion passed. b. Recommendation that Collector be Retained on the Plan with Possible Action Taken: Mr. Jacobi motioned to stand with committee's previous motion that the proposed right -of -way be removed. Mr. Dudek seconded. Motion passed. Planning Commission, March 28, 2012: Master Ditch 27: Mr. Payne stated that it has been proposed to add Master Ditch 27 to the existing Hike and Bike Trail System illustrated in the Urban Transportation Plan. Mr. Payne continued that in the future, the major drainage systems for the city will be incorporated in the Hike and Bike Master Plan set to be completed in late 2012. Mr. Payne stated the proposed designations would allow drainage systems to be incorporated into existing and future plans. Current infrastructure would only require maintenance as already scheduled and any improvements set forth because of the Hike and Bike Master Plan will designed according to Storm Water operations. Mr. Payne concluded that Staff recommended adding Master Ditch 27 to the existing Hike and Bike Trail System for a future trail system on both sides of the ditch. After Mr. Payne's presentation concluded, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Garza called for a motion. A motion to approve adding Master Ditch 27 to the existing Hike and Bike Trail System for a future rail system on both sides of the ditch was made by Commissioner Tamez and seconded by Commissioner Taylor. Motion passed with Commissioner Nadkarni absent. Ordinance amending the Urban Transportation Ran, an element of the Comprehensive Ran of the City of Corpus Christi; by adding Master Channel Ditch 27 to the Bicyde and Pedestrian Ran Map; amending related elements of the Comprehensive Ran of the City; providing for severance; providing for publication. Whereas the Planning Commission has forward to the aty Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Ran, an element of the Comprehensive Plan of the aty of Corpus Christi, Texas; Whereas, Planning Commission public meeting was held on Wednesday March 28, 2012 regarding amendments to the Transportation Plan, during which all interested persons were allowed to appear and be heard; Whereas, the aty Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the aty of Corpus Christi, and its citizens; Now, therefore, be it ordained by the City Council of the City of CorpusChristi, Texas Section 1. That the Corpus Christi Urban Transportation Plan (a part of the Comprehensive Plan of the aty of Corpus Christi, Texas), is amended by adding Master Ditch 27 to the existing Bicyde and Pedestrian Plan Map, as shown on Exhibit A, which is attached to and incorporated into this Ordinance. Section 2. That to the extent that the amendments made by this Ordinance represent a deviation from the Comprehensive Ran, the Comprehensive Ran induding the Urban Transportat ion Plan, is amended to conform to the amendments made by this Ordinance. Section 3. That the Comprehensive Plan of the aty of Corpus Christi, Texas, as amended from time to time, except as changed by this Ordinance and any other ordinances adopted on this date, remains in full force and effect. Section 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this Ordinance. Section 5. The aty Council intends that every section, paragraph, subdivision, dause, phrase, word or provision of this Ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, dause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, dause, phrase, word, or provision of this ordinance. Section 6. Publication shall be made in the official publication of the aty of Corpus Christi as required by the aty Charter of the aty of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on thisthe day of , 2012, by the following vote: ,be Mame David Loeb Chris N. Adler John E Marez Kelley Allen Nelda Martinez Larry El izondo Mark Scott Priscilla G Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: ,be Mame David Loeb Chris N. Adler John E Marez Kelley Allen Nelda Martinez Larry El izondo Mark Scott Priscilla G Leal PASSED AND APPROVED, thisthe day of , 2012. ATTEST Armando Chapa ,be Aflame City Secretary Mayor APPROVED as to form: By: Lisa Aguilar, Assistant Qty Attorney for the City Attorney Master Channel Ditch 27 Exhibit A _CORPUS CHRISTI BICYCLE AND LJ PEDESTRIAN PLAN AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: May 4, 2012 Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation 289.0171 ext.1213 FredS(c�cctexas.com APPROPRIATING $629,027 IN REVENUE FROM CUSTOMER FACILITY CHARGES TO FUND DESIGN, CONSTRUCTION AND DEBT SERVICE ASSOCIATED WITH THE QUICK TURN AROUND FACILITY FOR RENTAL CAR OPERATIONS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; CAPTION: An ordinance appropriating $629,027 in revenue from Customer Facility Charges in the No. 4632 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with the Quick Turn Around Facility for rental car operations at Corpus Christi International Airport and transferring $483,675 into the Airport CFC Debt Service Fund No. 4643; amending the FY2011 -12 Capital Budget adopted by Ordinance no. 029135 to increase appropriations by $629,027. PURPOSE: Design and construction of Corpus Christi International Airport's Rent A Car (RAC's) Quick Turn Around Facility is funded from a $3.50 Customer Facility Charge (CFC) on vehicles rented at the Airport. The fee is paid on each transaction day up to maximum number of days. The CFC was authorized to fund the design, construction, debt service, renovation, repair, operating, and maintenance costs of existing and future facilities that are allocable or attributable to the operations of the rental car concessions at the Airport. The CFC revenue must be appropriated annually to fund project costs. BACKGROUND AND FINDINGS: The On- Airport Rental Car Concession and Lease Agreements executed between the City and Rent -A -Car (RAC) Companies on November 1, 2009 included provisions for the collection and remittance of a Customer Facility Charge (CFC) to the City. The CFC is a fee collected by the RACs from customers that rent a car at the Airport only. Industry data reflects that approximately 98% of vehicles rented at the Airport are by customers from outside of Corpus Christi. The CFC collected by the RAC funds the design, construction, repair, operations and maintenance of the new QTA Maintenance Facility. Based on current projection, the Airport should receive approximately $800,000 annually in CFC receipts. On May 18, 2010, the City Council authorized the issuance of $5.5 million in Certificates of Obligation (COs) to fund the construction of the QTA. Debt Service on the COs will be approximately $485,000 annually. A contract was awarded to Bar -Com for construction of the QTA and work was initiated in January of 2011 with completion anticipated in February 2012. When completed, the proposed facility would be the first Leadership in Energy and Environmental Design (LEED) Certified city building. On June 28, 2011, the City Council authorized the appropriation of $759,163 in revenue from customer facility charges to fund design, construction and debt service associated with the quick turnaround facility for rental car operations at Corpus Christi International Airport. ALTERNATIVES: No viable alternatives exist as the Customer Facility Charge is the only contractual funding source for the Quick Turnaround Facility and appropriation is required. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,276,400 $3 „234,100 $0 $6,510,500 Encumbered / Expended Amount $3,276,400 $679,556 $3,955,956 This item n/a 145,352 n/a $145,352 BALANCE 0 $2,699,896 $2,699,896 Fund(s): Airport CFC Fund, Certificates of Ob igation Comments: n/a RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Charlotte Yochem, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager- Business Development Page 1 of 2 Ordinance Appropriating $629,027 in revenue from customer facility charges in the No. 4632 Airport Customer Facility Charge Fund to fund design, construction and debt service associated with the Quick Turn Around facility for rental car operations at Corpus Christi International Airport and transferring $483,675 into the Airport CFC Debt Service Fund No. 4643; amending the FY 2011 -2012 capital budget adopted by Ordinance No. 029135 to increase appropriations by $629,027. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $629,027 in revenue from customer facility charges in the No. 4632 Airport Customer Facility Charge Fund is appropriated to Fund Design, Construction and Debt Service associated with the Quick Turn Around facility for rental car operations at Corpus Christi International Airport. SECTION 2. That $483,675 is transferred into the Airport CFC Debt Service Fund No. 4643. SECTION 3. That the FY 2011 -2012 capital budget adopted by Ordinance 029135 is changed by increasing appropriations by $629,027. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 00282e71 0c6el- daed- 4dal- a222- 3a251f159a48 Joe Adame Mayor Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary 00282e71 0c6el- daed- 4dal- a222- 3a251f159a48 Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: TO: 5/7/2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation M ichael Mo(c�cctexas. com 361- 826 -3494 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance appropriating $54,833.71 in developer and corporate contributions and $580.42 in interest earnings for a sum of $55,414.13 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one -half miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 55,414.13 55,414.13 BALANCE 55,414.13 55,414.13 Fund(s): The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Schedule of park development fees, fees in lieu of land, and interest earned to be appropriated. Ordinance City of Corpus Christi, Texas For the 9 month(s) ended April 02, 2011 Fund: 4720 - Community Enrichment Fund 4720 Org. Account Description Total Revenues Unappropriated 21300 Developer Fee - interest 68.85 21300 Park trust - unrestrict interest 451.29 21371 Gateway interest 4.82 21357 HEB Park pool & tennis interes 0.99 21502 Beautification prom. interest 5.10 21507 Ed exchg prg- Sister City int. 0.36 21511 Permanent art trust interest 49.01 INTEREST 580.42 21300 Park trust - unrestrict donation 0.00 21300 Park Development Fee 15,400.00 21336 Cole Park donation 208.00 21346 Waldron Park 1,974.59 13120 Collier Park 10,000.00 21667 Vista Hermosa 0.00 21668 Gardendale 1,320.00 21364 Cedar Ridge Park 10,531.12 21529 Tropic Park 10,600.00 21424 Shoreline Oaks 4,800.00 CONTRIBUTION 54,833.71 TOTAL INT / CONTRB 55,414.13 Page 1 of 2 Ordinance appropriating $54,833.71 in developer contributions and $580.42 in interest earnings for a sum of $55,414.13 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one - half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, City Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $54,833.71 in developer contributions and $ 580.42 in interest earnings for a sum of $55,414.13 is appropriated in the No. 4720 Community Enrichment Fund for park improvements and other related projects. Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 1, 2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Nueces Stone Quarry, LLC (Case No. 0312 -01) Change from "CG -2" General Commercial District to "IL" Light Industrial District Property Address: 10010 South Padre Island Drive CAPTION: PUBLIC HEARING — ZONING Case No. 0312 -01: Nueces Stone Quarry, LLC: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of land use from commercial to light industrial. The property to be rezoned is Flour Bluff Point, Block 6, Lots 2, 3, and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street. RECOMMENDATION: Planning Commission & Staff Recommendation (March 28, 2012): Denial of the change of zoning to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse, subject to the following five (5) conditions: 1. USE: The only uses permitted by this Special Permit other than those uses permitted by -right in the "CG -2" General Commercial District are outside storage and a warehouse. 2. OUTSIDE STORAGE: The outside storage shall not exceed an area of 8,000 square feet. The outside storage must be set back at least five (5) feet with a landscape buffer from the residentially used property and screened from the street right -of -way and adjacent properties. 3. WAREHOUSE: The total square footage for the warehouses shall not exceed an area of 5,000 square feet. 4. LIGHTING: Any on -site lighting must be shielded and directed away from the property along its northern property line. City Council Executive Summary Memorandum Nueces Stone Quarry, LLC (Case No. 0312 -01) Page 2 5. TIME LIMIT: This Special Permit shall expire after one (1) year from the date of the ordinance unless the property is in compliance with the conditions mentioned above and all other City of Corpus Christi rules and regulations. BACKGROUND AND FINDINGS: The applicant operates a stone retail business and was cited for the outdoor storage of stone materials in the incorrect zoning district. The applicant proposes to construct several warehouse structures ranging from 1,200 to 2,000 square feet for the indoor storage of equipment and stone materials in order to make the property appear more like a commercial establishment instead of an industrial storage yard. An "IL" Light Industrial District is not appropriate for this area because of the abutting residential uses immediately to the north of the property. The stone retail use is an appropriate use for the area if the site has the proper screening and buffering from the residential area to the north, which can be required by granting a Special Permit. The Special Permit could also limit the size of the proposed warehouses. Additionally, approval of the "IL" District would create spot zoning since there is no industrial zoning within the immediate area. The subject property is also within the Navy's Accident Potential Zone 2 (APZ -2). The retail establishment is consistent with the Navy's recommended land use. ALTERNATIVES: 1. Approve the applicant's request of the "IL" Light Industrial District; 2. Modify the recommended conditions of the Special Permit; or 3. Deny the request altogether. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The requested change in zoning to an "IL" Light Industrial District would not be consistent with the Comprehensive Plan or the Flour Bluff Area Development Plan, which designate the property for future commercial uses. Despite the inconsistency, staff supports the continued operation of the business at the current location provided that the outside storage is screened from view from the street right -of -way and adjacent properties. Granting a Special Permit as recommended would maintain the commercial designation of the property. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A City Council Executive Summary Memorandum Nueces Stone Quarry, LLC (Case No. 0312 -01) Page 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Zoning Report with Attachments 2. Ordinance with Exhibit A K: \DevelopmentSvcsSHARED\ZONING CASES \0312 -01 Nueces Stone Quarry, LLC \0312 -01 Agenda Memo, Nueces Stone Quarry.docx ZONING REPORT Case No.: 0312 -01 HTE Case No.: 12- 10000006 Planning Commission Hearing Date: March 28, 2012 (Tabled from March 141h) Applicant & Legal Description Applicant: Nueces none Quarry, LLC Owner: Nueces none Quarry, LLC Representative: Yonca Cngun Legal Description/ Location: Rour Bluff Point, Bock 6, Lots2, 3 and 4, located along the north side of SD uth Padre Island Drive (S-I 358) between Hermine Drive and none Greet. Zoning Request From: / D- jLBBOeneral Commercial District To: [BBEght Industrial District Area: 0.64 Acres Purpose of Request: To allow for outside storage and the construction of awarehouse building. Existing Zoning and Land Uses 2007 Volume Basting Zoning District Basting Land Use Future Land Use {- / D- jLBBOeneral Commercial Commercial Commercial bdrtiL i`0Allulti family 1 & / D jLBBOeneral Commercial Sngle- family residences Commercial { nj CIL / D- jLBBOeneral Commercial Sngle- family residence & Nursery Commercial 9A1C n/ D- jLBBOeneral Commercial Auto repair facility Commercial i St n/ D- jLoneral Commercial Auto repair facility Commercial ADP, Map & Violations Area Development Ran: The subject property is located in the Rour Bluff Area Development Ran (ADP) and is planned for commercial. The proposed change in zoning to the rip:Blight Industrial District is not consistent with the Rour Bluff ADPor the adopted Future Land Use Map. Map No.: 035032 Zoning Violations Code Enforcement has cited the property owner for using the property with a use not consistent with the current zoning; obstruction of the right -of -way; and signage. Building Inspection has cited the owner for building without a permit. azle Summarv: • Requested Zoning The requested change of zoning is to allow outside storage of merchandise and construct a warehouse building for storage of materials and equipment. • Transportation and Circulation: The subject property currently has direct access on the frontage road of SD uth Padre Island Drive (S-I 358). SD uth Padre Island Drive (S-I 358) is designated as a freeway by the Urban Transportation Ran. The roadway right -of -way varies in itswidth. Street R.O.W. &rest Urban Trans Ran Type proposed Section Basting Section 2007 Volume SD uth Padre Island Drive (S-I F1 $r ROW and varying paved section Varied ROW and paved section N/A • Relationship to Smart Growth: While continuing to utilize existing infrastructure, the proposed rezoning would have minimal impact with regards to smart growth. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Ran and the Rour Bluff Area Development Ran (ADP) designate the subject property as commercial use. The requested change in zoning to an [B tight Industrial District is not consistent with the Rour Bluff ADP or the adopted Future Land Use Map of the Comprehensive Ran. The existing use is a commercial establishment that contains outside storage and proposes to construct a warehouse building to store the equipment and some material. The proposed rezoning, while not compliant with the future land use plan, does follow current commercial development trends in and around this immediate area. Plat Status Subject property contains (3) three platted lots. Department Comments • The applicant operates a stone sales business, and as such, stone materials are displayed outdoors. The applicant proposes to construct several warehouse structures in order to store equipment and stone materials. The proposed warehouse structure will range from 1,200 to 2,000 square feet. Moving the storage of equipment and material indoors make the property look more like a commercial establishment instead of a storage yard. • This rezoning request from n/ D- JLBBto i [Oi {s not consistent with the adopted future land use plan or Rour Bluff Area Development Ran. Despite the inconsistency, staff supports the commercial establishment to continue in operation provided that the outside storage is screened from view from the street right -of -way and adjacent properties. The proposed warehouse will not be out of character with the abutting commercial establishments. • The subject property is under the bPoltf Accident Potential Zone 1 2 (APZ -2). The retail establishment is consistent with the bPoltf recommended land use. High concentration of people within an APZ-2 is also not recommended. • aaff met with the applicant on March 22, 2012, and was able to reach an agreement on the conditions of the Special Permit. Staff Analysis Although the requested ri[BBlight Industrial District is inconsistent with the adopted Rour Bluff Area Development Ran or Future Land Use Ran, both of which identify the area as remaining commercial development, the requested rezoning is consistent with the bPo t recommended land uses. An t [Bi i] District, however, is not appropriate for this area because of the existing residential uses abutting to the north. The stone retail use is an appropriate use for the area if the site has the proper screening and buffering from the residential area to the north. This may be accomplished through a Special Permit to require the screening and setback from the residential area. The Special Permit would also limit the size of the proposed warehouses. Approval of the rtfLoiBiDstrict would also create a spot zoning since there is no industrial zoning within the immediate area. Planning Commission & Staff Recommendation (March 28, 2012): Denial of the change of zoning to the [:Blight Industrial District and, in lieu thereof, approval of the / D �ItLBBf;General Commercial District with a Special Permit for limited outside storage and a warehouse, subject to the following conditions: 1. USE The only uses permitted by this Special Permit other than those uses permitted by -right in the n/ D- jLBBGeneral Commercial District are outside storage and awarehouse. 2. OUTSDE STORAGE The outside storage shall not exceed an area of 8,000 square feet. The outside storage must be set back at least five (5) feet with a landscape buffer from the residentially used property and screened from the street right -of -way and adjacent properties. 3. WARE HOUSE The total square footage for the warehouses shall not exceed an area of 5,000 square feet. 4. UGHIING Any on -site lighting must be shielded and directed away from the property along its northern property line. 5. IIMEUMIT This Special Permit shall expire after one (1) year from the date of the ordinance unless the property is in compliance with the conditions mentioned above and all other City of Corpus Christi rules and regulations • c a C a, > CU CU Number of Notices Mailed 1 16 within s$$4 notification area; 0 outside notification area As of May 1, 2012 Favor 10 (inside notification area); 0 (outside notification area) Opposition 10 (inside notification area); 0 (outside notification area) For 0.0 %in opposition Attachments: 1. Ste Existing Zoning, Notice Area, & Ownership Map 2. Conceptual Ste Ran K \DEVE_OFMENTsJ s-1A ZONING C4323,0312-01 NUE6STONEQUARdN, LLQ0312- 01,ZONING REPORT FOR CC, NUE6STONEQUARdN, LLC, FOR CC4-27- 12.DOC 7 / / 8 / FeK / LDR 6 / / 2 / LDR / 2 / / 12 / / / / 13 / /14 / / 3. 4 / 5 / / / 6 Lae 15 / 7/ / 14 „„....... .„ i ---p-,.... • / 8 / , - / 0 1 , 2 1,,...... /LDR/ 6 , / / " --?'.--, -----., / l ----, 9z / / 10 // 11 / //------,..„... g / E N C LI L --,--.,,,,, 34 .- ▪ '-,--„. --..., ' 32 '--- PLO" OR B,LUFFCENTER36 -----R S r„. ---, i --,." • ; '400 O2X2)2 / Prepared By: corgirrit D n of D m r e /pea CASE: 0312-01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 RM-2 Multifamily 2 RM-3 Multifamily 3 ON Professional Office RM-AT Multifamily AT CN-1 Neighborhood Commercial CN-2 Neighborhood Commercial CR-1 Resort Commercial CR-2 Resort Commercial CG-1 General Commercial CG-2 General Commercial CI Intensive Commercial CBD Downtown Commercial • -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IN Heavy Industrial FUD Planned Unit Bev, Overlay RS-10 Single-Family 15 RS-6 Single-Family 6 RS-4.5 Single-Family 4.5 RS-TF Two-Family RS-15 Single-Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subiect Froperry wiet 200" buff er 0 Owners Th favor 4 Owners Marin 200 Seated ob V Owbers attached ownership table A in oppositron City af Corpus Christi Site Plan with Parking and Landscaping Proposed Building Tract 3 2. CONCEPTUAL SITE PLAN Ordinance amending the Unified Development Code (UDC), upon application by Nueces Stone Quarry, LLC, by changing the UDC Zoning Map in reference to Flour Bluff Point, Block 6, Lots 2, 3, and 4, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit, subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Nueces Stone Quarry, LLC, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 14, 2012, and March 28, 2012, during meetings of the Planning Commission, and on Tuesday, June 12, 2012, during a meeting of the City Council, in 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, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Bluff Point, Block 6, Lots 2, 3, and 4, located along the north side of South Padre Island Drive (SH 358) between Hermine Drive and Stone Street, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit for limited outside storage and a warehouse and subject to five (5) conditions, without resulting in a change of future land use (Zoning Map 035032) (Exhibit A). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. USE: The only uses permitted by this Special Permit other than those uses permitted by- right in the "CG -2" General Commercial District are outside storage and a warehouse. 2. OUTSIDE STORAGE: The outside storage shall not exceed an area of 8,000 square feet. The outside storage must be set back at least five (5) feet with a landscape buffer from the residentially used property and screened from the street right -of -way and adjacent properties. 3. WAREHOUSE: The total square footage for the warehouses shall not exceed an area of 5,000 square feet. 4. LIGHTING: Any on -site lighting must be shielded and directed away from the property along its northern property line. Page 2 of 3 5. TIME LIMIT: This Special Permit shall expire after one (1) year from the date of the ordinance unless the property is in compliance with the conditions mentioned above and all other City of Corpus Christi rules and regulations. SECTION 3. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 4. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, 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 as provided in Section 1.10.1 and /or Article 10 of the UDC. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi Page 3 of 3 Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Joe Adame Mayor, City of Corpus Christi K: \DevelopmentSvcs \SHARED\ZONING CASES \0312 -01 Nueces Stone Quarry, LLC \0312 -01 Ordinance, Nueces Stone Quarry, LLC, CG -2_SP, FINAL.docx L U 4. 44 `. 45 46 / 17. o. 46 `_. 6 !^ 5 :`/4$ R 2_ 8 1: . FL 0UR, BL.0P'F�- -POINT 2 -A FP & ENC e r y: cor jieie n co CASE: 0312-01 Exhibit A Planning Commission & Staff Recommendation: N" tS SUBJECT PROPERTY Approval of the "CG -2 /SP" General Commercial District with a Special Permit. Ordinance No.: LOCATIO City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 1, 2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Luxury Spec Homes Inc. (Case No. 0412 -01) Change from "RS -TF" Two - Family District to "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay Property Address: 4325 Cedar Pass Drive CAPTION: PUBLIC HEARING — ZONING Case No. 0412 -01: Luxury Spec Homes Inc.: A change of zoning from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as Cedar Ridge Unit 1, Block 7, Lots 1B and 10, located to the southeast of Weber Road and east of Yorktown Boulevard. RECOMMENDATION: Planning Commission & Staff Recommendation (April 11, 2012): Approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay with the following eight (8) conditions: 1.) Development Plan: The property shall be developed in accordance with the plat. Each two -unit structure must be constructed at the same time. 2.) Density: The density shall not exceed eighteen (18) dwelling units over 2.401 acres. There shall be nine (9) buildings with two (2) dwelling units in each building. 3.) Height: Buildings shall not exceed one -story and 35 feet in height. 4.) Parking: Each dwelling unit shall be provided two parking spaces in a private garage. Guest parking shall be provided on Lot 8. 5.) Setbacks: A minimum twenty (20) foot front yard setback shall be provided along Cedar Pass Drive. A minimum ten (10) foot rear yard and five (5) foot side yard where the building does not share a common wall with another dwelling unit is required. The front yard setback on individual lots along the private street shall be eighteen (18) feet. The front yard setback on Lots 9, 10, 11, and 12 shall be no less than four (4) feet. 6.) Access: Each lot will have access to a private street of twenty -four (24) feet as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane /No Parking" so as to maintain a twenty (20) foot wide access drive for emergency vehicles. City Council Executive Summary Memorandum Luxury Spec Homes Inc. (Case No. 0412 -01) Page 2 7.) Sidewalk: A four (4) foot sidewalk shall be constructed on one side of the private street and located in a dedicated sidewalk easement. 8.) Time Limit: Construction of the development shall commence within two (2) years from the approved ordinance date. BACKGROUND AND FINDINGS: The applicant plans to build nine single - family attached, one -story structures with two dwelling units in each building for a total of eighteen dwelling units on the 2.401 -acre site. Each dwelling unit would be 1,500 square feet in floor area, share a common wall with another dwelling unit, and be built on its own lot so that the unit can be sold with the land. Each lot would have access to a twenty- four - foot -wide private street with a four -foot sidewalk on one side. Each building would have a five -foot side yard, ten -foot rear yard, and a front yard ranging from four to eighteen feet. A twenty -foot front yard would be maintained a long Cedar Pass Dr. Construction of all nine buildings is expected to be complete by the end of 2012. The applicant has requested the Planned Unit Development Overlay district (PUD) because the proposed development would not strictly comply with street design standards and other dimensional requirements for the site as required by the Unified Development Code (UDC). PUDs allow for increased flexibility in site layout and design. Despite the subject property's location within a the Navy's Accident Potential Zone — 2, staff recommends approval of the PUD because the proposed development would not increase the density allowed by -right under the current zoning district, which is "RS -TF" Two - Family. Additionally, the project could be built without using the PUD Overlay, although the UDC would not afford the project the requested flexibility in design. ALTERNATIVES: 1. Recommend modifications to the conditions of the Planned Unit Development; or 2. Deny the requested zoning change. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the adopted Future Land Use Map and meets other criteria of the Comprehensive Plan and Southside Area Development Plan, such as encouraging infill development and locating medium - density residential development along a collector street with convenient access to an arterial street. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A City Council Executive Summary Memorandum Luxury Spec Homes Inc. (Case No. 0412 -01) Page 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Zoning Report with Attachments 2. Ordinance with Exhibits A and B ZONING REPORT Case No.: 0412 -01 HTE No. 12- 30000001 Planning Commission Hearing Date: April 11, 2012 Applicant & Legal Description Applicant /Owner: Luxury Spec Homes Inc. Representative: Vic Nazari Legal Description /Location: Cedar Ridge Unit 1, Block 7, Lots 1B and 10, located to the southeast of Weber Road and east of Yorktown Boulevard. Zoning Request From: "RS -TF" Two - Family District To: "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay Area: 2.401 acres Purpose of Request: To allow the property owner to construct a residential development consisting of nine (9) single - family attached houses totaling eighteen (18) dwelling units. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -TF" Two - Family Vacant Medium Density Residential North "RS -6" Single - Family Park & Drainage Corridor Park & Drainage Corridor South "RS -TF" Two - Family & RS -4.5" Single - Family Medium & Low Density Residential Medium & Low Density Residential East "RS -TF" Two - Family Medium Density Residential Medium Density Residential West "RS -4.5" Single - Family Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for medium density residential uses. The proposed change in zoning to the "RS -TF" District with a Planned Unit Development Overlay (PUD) is consistent with the adopted Future Land Use Plan. Map No.: 047033 Zoning Violations: None Transportation Transportation and Circulation: The subject property has 400 feet of frontage on Cedar Pass Dr., a "01" Minor Residential Collector, and is approximately 700 feet east of Sun Valley Dr., also a "01" Minor Residential Collector. The subject property has indirect access to Yorktown Blvd, which is an "A3" Primary Arterial, via Sun Valley Dr. and to Everhart Rd., which is an "Al" Minor Arterial, via Cedar Pass Dr. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Cedar Pass Dr. 01 Minor Residential Collector 60' ROW, 40' paved 60' ROW, 40' paved Not Available Sun Valley Dr. 01 Minor Residential Collector 60' ROW, 40' paved 60' ROW, 40' paved Not Available Zoning Ibport Case #0412 -01, Luxury Spec Homes Inc. Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -TF" Two - Family District to the same district ( "RS -TF ") with the addition of the Planned Unit Development Overlay (PUD) to allow for the construction of nine (9) single - family attached houses, totaling eighteen (18) dwelling units. Each dwelling unit will be built on a separate lot and will share a common wall along the lot line, providing for fee - simple ownership. The PUD Overlay is being requested because the development will not strictly comply with the public access and street design standards and other dimensional requirements for the site as required by the Unified Development Code (UDC). • Applicant's Development Plan: The applicant plans to build nine (9) single- family attached, one -story buildings with two dwelling units in each building for a total of eighteen (18) dwelling units on the 2.401 -acre site. Each dwelling unit is 1,500 square feet in floor area and will share a common wall with another attached single - family dwelling unit. Each dwelling unit will be built on its own lot so that the unit can be sold with the land. Each lot will have access to a 24- foot -wide private street with a 4 -foot sidewalk on one side. Each building will have a 5 -foot side yard, 10 -foot rear yard, and a front yard ranging from 4 -18 feet. A 20 -foot front yard will be maintained a long Cedar Pass Dr. Construction of all nine (9) buildings is expected to be complete by the end of 2012. • Existing Land Uses: Located to the north of the subject property are a public park, single - family houses, and a drainage corridor. A townhouse /condominium development is located immediately to the south and east of the property. Single- family houses are also located to the south. Immediately to the west is a drainage corridor and then single - family houses. • Existing Zoning: The subject property is currently zoned with the two - family district ( "RS -TF "), which allows for single - family detached or attached, two - family or townhouse uses. The district allows a maximum density of 14.52 dwelling units per acre. Below is a comparison of the dimensional requirements for a single - family attached house in the "RS -TF" District and the proposed PUD: Minimum Dimensions "RS -TF" District Standards for single - family attached houses Proposed PUD Complies ? Site area 6,000 sq. ft. 6,300 - 15,300 sq. ft. Yes Site area per dwelling unit 3,000 sq. ft. 3,100 - 8,300 sq. ft. Yes Site width 50 ft. 15 - 85 ft. No Front yard 20 ft. 4 - 18 ft. No Side yard 5 ft. 5 ft. Yes Rear yard 15 ft. 10 ft. minimum No Open space 30% 52 - 80% Yes • AICUZ: The subject property is located in an Accident Potential Zone 2 (APZ -2) and as a residential use the proposed development is not considered a compatible land use according to the Navy's recommendations. The subject property, however, is currently zoned for two - family development and was previously platted for additional phases of the adjacent townhouse /condominium project. The proposed development will not increase the density of the subject property beyond what is currently allowed by -right under the current zoning district. Even without the approval of the PUD Overlay, the developer could K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -01 Luxury Spec Homes Inc \0412 -01 Zoning Report, Luxury Spec Homes Inc. FINAL for CC.doc Zoning Ibport Case #0412 -01, Luxury goec Homes Inc. Page 3 construct medium density residential uses on this site although he /she would not be granted flexibility in the code requirements as the PUD Overlay allows. • Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with the adopted Future Land Use Map and meets other criteria of the Comprehensive Plan and Southside Area Development Plan (ADP), such as: 1. Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement F) 2. Locating medium - density residential development along a collector street with convenient access to an arterial street (Comprehensive Plan, Residential Policy Statement H); and 3. Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low- density residential activities from incompatible activities (Southside ADP, Policy Statement B.1). Plat Status: The subject property is platted and will be replatted according to the PUD plan. Department Comments: • Infill development should be encouraged at this site. Traditional land use regulations can sometimes discourage development on difficult sites; whereas, PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. • The proposed development will maintain the same density allowed by -right under the current zoning district. The project could be built without using the PUD Overlay, but the UDC would not afford the project the requested flexibility in its design. • Each two -unit building should be built at the same time to create consistency in the execution of the development plan and in the aesthetics of the project. Planning Commission & Staff Recommendation (April 11, 2012): Approval of the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay with the following eight (8) conditions: 1.) Development Plan: The property shall be developed in accordance with the plat. Each two -unit structure must be constructed at the same time. 2.) Density: The density shall not exceed eighteen (18) dwelling units over 2.401 acres. There shall be nine (9) buildings with two (2) dwelling units in each building. 3.) Height: Buildings shall not exceed one -story and 35 feet in height. 4.) Parking: Each dwelling unit shall be provided two parking spaces in a private garage. Guest parking shall be provided on Lot 8. 5.) Setbacks: A minimum twenty (20) foot front yard setback shall be provided along Cedar Pass Drive. A minimum ten (10) foot rear yard and five (5) foot side yard where the building does not share a common wall with another dwelling unit is required. The front yard setback on individual lots along the private street shall be eighteen (18) feet. The front yard setback on Lots 9, 10, 11, and 12 shall be no less than four (4) feet. 6.) Access: Each lot will have access to a private street of twenty -four (24) feet as measured from back of curb to back of curb. The private street shall be striped to Zoning Ibport Case #0412 -01, Luxury Spec Homes Inc. Page 4 indicate "Fire Lane /No Parking" so as to maintain a twenty (20) foot wide access drive for emergency vehicles. 7.) Sidewalk: A four (4) foot sidewalk shall be constructed on one side of the private street and located in a dedicated sidewalk easement. 8.) Time Limit: Construction of the development shall commence within two (2) years from the approved ordinance date. Notification Number of Notices Mailed — 59 within 200' notification area; 0 outside notification area As of May 1, 2012: In Favor In Opposition For <1% in opposition. — 0 (inside notification area); 0 (outside notification area) — 1 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. AICUZ Map 3. Plat K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -01 Luxury Spec Homes Inc \0412 -01 Zoning Report, Luxury Spec Homes Inc. FINAL for CC.doc SUBJECT PROPERTY CASE: 0412-0 2. SITE - EXISTING ZONING, NOTICE AREA 8 OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT MuItifamlly AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR BP Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Coin menial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev.. Overlay RS -10 Single- Family 10 RS-6 Single- Family 6 RS-4.5 Single-Family 4.5 RS -TF Two - Family RS -15 Single- Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Csfner with 217d'}' buffer ifY r-avor 4 O utters wiinitt 20 Med 20 X Owlets, attached ov�rrerchip7 table trr oppomlUorr City of Corpus Christi Attachment 1 AIUZ Map y of .' rpus ''" risti --FEET STREET 1.1i 1.1E STREETf•.1.Ar1E• L`i =F ' PELINE 1,000 ft THEE:. The City c' Corpus Chri --i or, Jr ss t ii -r to er [-lance public awaren= -Its in err cc _rally ur -2r deg meat ar therefore, subject to change without notice. While we endeavor to provide timely and accurate information, we make no guarantees. The City of Corpus Christi makes no warranty, express or implied, including warranties of merchantability and fitness for a particular purpose. Use of the information is the sole responsibility of the user. The material from this document comes from a variety of sources. We do not control or guarantee the accuracy, relevance, kmehness or completeness of any outside information CURVE DATA C.A. = 90' 00' 00" Ra =104004 L 1.1' T = 10.00' C.A. = 90' 00' 00" 0 R = 5.00' Lo = 7.07' T 5.00' C.A. = 90' 00' 00" 0 R07 =_ 2347.000' L. T = 24.00' C.A. = 09' 22' 09" R = 367.94' Lo = 60.17' T = 30.15' Lc = N 68 15' 48" E 60.10' 100' Wide Drainage Right--of--Way Vol. 1036, P. 629 (D.R.N.C.T.) CEDAR RIDGE P.U.D. UNIT 1 BEING A REPLAT OF LOTS 1B & 1C, BLOCK 7, CEDAR RIDGE UNIT 1, A MAP OF WHICH IS RECORDED IN VOLUME 64, PAGE 271 (M.R.N.C.T.) CORPUS CHRISTI, NUECES COUNTY, TEXAS Cedar Pass Drive N6132'00”W 561°32'00"E 397.39' 11233' 134.06 20'06 LOT SQUARE FEET ACRES 1A 5351.2 0.123 10 3582.7 0.082 2A 3583.4 0,082 2B 3584.1 0.082 3A 3237.5 0.074 38 3709.0 0.085 4 6007.1 0.138 5A 3167.1 0.073 58 3144.4 0.072 6A 3143.2 0.072 68 3186.9 0.073 7 9903.7 0.227 8A 5299.0 0.122 88 6470.5 0.149 9A 6891,6 0,158 98 8361.5 0.192 10A 5057.1 0.116 108 3400,0 0.078 11A 3400.0 0.078 110 3389.3 0.078 12 10745.3 0.247 Lot 23 Lot 15 1/61.32'00"W 173.08' Lot 14 1.01 20 861'32'00"W 100.00' 1/61'32'00"W 105.36' Lot 3 9613200 9 125.38 Lot 4 9613200W 105.40' Lot 22 741, ilo Lot 13 1.00 21 841 Lo 22 (P.a-111 pub s V11111y LIANA LANE N61.32.00 W 100.00' • rD Lot 6 N61'32'00"W 90.00' Lot 12 Cedar Ridge Unit 2 Vol. 53, P. 4-6 (M.R.N.C.T.) Lot 21 Lot 1 St Lot 10 8" ot 9 Lot 20 LINE DATA LINE BEARING DISTANCE L1 9 05' 41' 02" W 8.06' L2 N 23' 33' 37" W 13.38' L3 N 41' 59' 34" W 17.86' Lot 19 34.00' 34.00' 34.00' 34.00' N61°28'28"W 274.20' Lot 1A Lot 7 401'3200"W 100.0 Lot 8 10' 08(00111 25 111.50' Lot 16 0 Cedar Ridge Unit 1 Vol. 64, P. 277 20 40 SCALE 1" - 40' NOTES: 1, YARD REQUIREMENTS AS DEPICTED APE A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND SUBJECT TO CHANGE, 00 606 ZONING 000 02141408 2. SET 6/8 INCH RON RODS AT ALL LOT CORNERS, P.C.'S, 808, BLOCK CORNERS, ETC. UNLESS OTHERWISE SPECIFIED. 3. AO DENOTES ACRES OF LAND S.F. DENOTES SQUARE FEET OF LAND YR 0580968 0450 REQUIREMENT O t. DENOTES BUILDING LINE DENOMS UTILITY EASEMENT O.E. DENOTES DRAINAGE EASEMENT O.L. DENOTES CENTERLINE OF ROADWAY O ,8. 0800108 41000 006308 O.H. DENOTES DRILL HOLE S . DENOTES SET WV IRON ROD DENOTES GRADE ELEVATIONS 4. 80 6596810 PLOTTING ONLY, 98(0 8808560108 IS IN ZONE .C. 05 1198 FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 986484 0526 0, CITY OF CORPUS CHRISTI, TEXAS, WHICH BEARS AN EFFECTIVE DATE OF JUNE 4,1060 AND IS 800 (0 A SPECIAL FLOOD HAZARD AREA. 5. THE RECEIVING WATER FOR THE STORM WATER RUNOFF 8508 0(88 PROPERTY IS THE 060 CREEK BASIN. THE TCECI HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK, EDT IT IS RECOGNIZED AS AN ENVIRONMENTALLY SENSITIVE AREA. THE 0E0 CREEK FLOWS DIREC1L1'INTO THE OSO BAY. THE TCEO HAS CLASSIFIED 045 0006010 LIFE USE FOR THE OSO 400 48 'EXCEPTIONAL. AND 'OYSTER WATERS. AND CATEGORIZED THE RECEIVING WATER AS A 'CONTACT RECREATION USE.. 6 TOTAL PLATTED AREA IS 2.401 ACRES. T. BEARING ARE BASED ON THE SOUTH BOUNDARY. oF CEDAR PASS 08/05, 07 MONUMENT. ON THE GROUND AND SHOWN AS SOUTH 61. 3Z OW EAST ON THE RECORDED PLAT OF CEDAR RIDGE. UNIT 1, A MAR OF WHICH IS PECORCEDIN VOLUME 48, PAGE 164-165. AND AS IN VOLUME 64, P075 243, MAP RECORDS OF NUECES COUNTY, TEXAS. LOT 6 AND LOT 13 ARE FOR NON-RESIDENTIAL PURPOSES, 9. 900 0(10 OF CORRUS CHRISTI HAS NO RESPONSIBILITY FOR REPAIR AND MAINTENANCE OF UTILITY UNES INSIDE 094 BOUNDARY OF CEDAR RIDGE RUG. 08471, UNLESS SUCH UTIUTIES ARE INSTALLED IN A DEDICATED PUBLIC UTILITY EASEMENT. 8(565 080 DEVELOPER HAS CHOOSEN TO CONSTRUCT THE STREETS OF CONCRETE, INSTEAD OF THE CITY OF CORPUS CHRISTI'S FLEXIBLE BASE PAVEMENT, IF THE CITY MUST REMOVE ANY PAVEMENT TO REPAIR OR MAINTAIN A CITY UTILITY LINE, THE CITY WILL ONLY PATCH THE PAVEMENT IN A MANNER SIMILAR TO THAT USED ON ASPHALT STREET SURFACES. THE 0100 15 NOT REQUIRED TO 4050085 098 PAVED SURFACE WITH CONCRETE TO MATCH 388 100002,00 PAVEMENT 10 ALL STREET AREAS SHALL BE DEDICATED UTILITY EASEMENTS. hIE HOMEOWNERS ASSOCIATION RESERVES THE RIGHT TO INSTALL SUCH ITEMS AS FENCES, WALLS, SECURITY SYSTEM, AND ANY OTHER IMPROVEMENT AS LONG AS IT DOES NOT UNREASONABLY INTERFERE WITH NORMAL CITY AND FRANCHISE UTILITY WORK. THE CRY OF CORPUS CHRISTI IS NOT LIABLE FOR ANY STAINING OF CONCRETE ROAD SURFACES CAUSED BY CITY VEHICLE AND EQUIPMENT. 11. THE CONVEYANCE TO ANY GRANTEE OF ANY LOT WITHIN THE SUBJECT SUBDIVISION 0/ALL INCLUDE MEMBERSHIP IN THE HOMEOWNERS ASSOCIATION, WHICH ASSOCIATION SHALL HOLD TITLE TO ALL COMMON AREAS (5 048 SUBDIVISION THE HOMEOWNER'S ASSOCIATION WILL BE RESPONSIBLE FOR MAINTENANCE OF PRIVATE STREETS. 12 THE CD, OF CORPUS CHRISTI IS NOT RESPONSIBLE FOR ANY DRAINAGE WITHIN THE CEDAR RIDGE P.U.O. UNIT 1 THE HOMEOWNERS ASSOCIATION WILL BE RESPONSIBLE FOR ANY MAINTENACE OF STORM WATER DISCHARGE 590 048 RECEIVING WATERS, AND WILL NEED TO ENSURE ANY DISCHARGE COMPLIES WITH APPLICABLE TOEO REGULATIONS. THIS PLAT IS IN COMPLIANCE WITH THE P.U.O. 2 ZONING ORDINANCE Ha 025818 ADOPTED JULY 13, 2004 BY THE CITY COUNCIL. SHEET 2 OF 2 VOSS ENGINEERING, INC. FIRM No. F-166 ENGINEERING AND LAND SURVEYING 6838 GREENWOOD DRIVE CORPUS CHRISTI, TEXAS 78415 361.854.6202 FAX: 361.853.4696 SITE PLAN JOB No. 11-6549 Ordinance amending the Unified Development Code (UDC), upon application by Luxury Spec Homes Inc., by changing the UDC Zoning Map in reference to Cedar Ridge Unit 1, Block 7, Lots 1B and 1C, from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay, subject to eight (8) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Luxury Spec Homes Inc., for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 11, 2012, during a meeting of the Planning Commission, and on Tuesday, June 12, 2012, during a meeting of the City Council, in 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, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Cedar Ridge Unit 1, Block 7, Lots 1B and 10, located to the southeast of Weber Road and east of Yorktown Boulevard, from the "RS -TF" Two - Family District to the "RS -TF /PUD" Two - Family District with a Planned Unit Development Overlay and subject to eight (8) conditions, without resulting in a change of future land use (Zoning Map 047033) (Exhibit A). SECTION 2. That the Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1.) Development Plan: The property shall be developed in accordance with the plat as shown in Exhibit B. Each two -unit structure must be constructed at the same time. 2.) Density: The density shall not exceed eighteen (18) dwelling units over 2.401 acres. There shall be nine (9) buildings with two (2) dwelling units in each building. 3.) Height: Buildings shall not exceed one -story and 35 feet in height. 4.) Parking: Each dwelling unit shall be provided two parking spaces in a private garage. Guest parking shall be provided on Lot 8. 5.) Setbacks: A minimum twenty (20) foot front yard setback shall be provided along Cedar Pass Drive. A minimum ten (10) foot rear yard and five (5) foot side yard where the building does not share a common wall with another dwelling unit is required. The front yard setback on individual lots along the private street shall be eighteen (18) feet. The front yard setback on Lots 9, 10, 11, and 12 shall be no less than four (4) feet. Page 2 of 3 6.) Access: Each lot will have access to a private street of twenty -four (24) feet as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane /No Parking" so as to maintain a twenty (20) foot wide access drive for emergency vehicles. 7.) Sidewalk: A four (4) foot sidewalk shall be constructed on one side of the private street and located in a dedicated sidewalk easement. 8.) Time Limit: Construction of the development shall commence within two (2) years from the approved ordinance date. SECTION 3. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 4. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, 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 as provided in Section 1.10.1 and /or Article 10 of the UDC. 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 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi Page 3 of 3 Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Joe Adame Mayor, City of Corpus Christi K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -01 Luxury Spec Homes Inc \0412 -01 Ordinance, Luxury Spec Homes Inc., FINAL.docx BRE . KEN SUBJECT PROPERTY RR CKENRIDG E UNIT 5 WNHr USE NLT 2 03/./ 4/ � i2 zd 4: SRR Oeparr: ebt 0.e:.:1n: S?r icesk CASE 0412-0 Exhibit A Applicant's Request: Approval of the "RS- TF /PUD" Two - Family District with a Planned Unit Development Overlay Ordinance No.: ()CATION CURVE DATA C.A. = 90' 00' 00" R = . La =11040.104'' T = 10.00' C.A. = 90' 00' 00" O R = 5.00' Lo = 7.07' T = 5.00' C.A. = 90' 00' 00" 3 R = 24.00' La = 37.70' T = 24.00' C.A. = 09' 22' 09" R = 367.94' Lo = 60.17' T = 30.15' Lc = N 68' 15' 48" E 60.10' 100' Wide Drainage Right -of -Way Vol. 1036, P. 629 (D.R,N.C.T.) CEDAR RIDGE P.U.D. UNIT 1 BEING A REPLAT OF LOTS 1B & 1C, BLOCK 7, CEDAR RIDGE UNIT 1, A MAP OF WHICH IS RECORDED IN VOLUME 64, PAGE 271 (M.R.N.C.T.) CORPUS CHRISTI, NUECES COUNTY, TEXAS Cedar Pass Drive N61'32'00"W 561°32'00"E 397.39' 12 LOT SQUARE FEET ACRES 1A 5351.2 0.123 10 3582.7 0.082 2A 3583.4 0.082 2B 3584.1 0.082 3A 3237.5 0.074 38 3709.0 0.085 4 6007.1 0.138 5A 3167.1 0.073 58 3144.4 0.072 6A 3143.2 0.072 68 3186.9 0.073 7 9903.7 0.227 8A 5299.0 0.122 88 6470.5 0.149 9A 6891,6 0.156 98 8361.5 0.192 10A 5057.1 0.116 108 3400,0 0.078 11A 3400.0 0.078 110 3389.3 0.078 12 10745.3 0.247 Lot 23 Lot 15 061'32'00"16 173.0 Lot 14 Lot 20 801'32'00"W 100.00' Lot 22 Lot 21 4' SIDEWALK EAS Lo 22 (GLM" woad s we " 6116. 606660 LIANA LANE 661'32'00 W 100.00' 0„1 -`-;z40 .,, OC, 2 961'3200"W 10 Lot 3 N6i 5100 0 125.30 Lot 4 961'32'00"W 105.40 Lots Nbl 32 UU W IU046 LOT 6 N61'32'00W 90.00' Cedar Ridge Unit 2 Vol. 53, P. 4-6 (M.R.N.C.T.) Lot 21 Lot 1 Lot 20 LINE DATA LINE BEARING DISTANCE L1 N 05' 41' 02" W 8.06' L2 N 23' 33' 37" W 13.38' L3 N 41' 59' 34" W 17.86' Lot 7 &1'3200"W 100.0 Lot 8 0' PRIVATE UE Lot 19 34.00' 961 °28'28"W Lot 1A 0 274.20' 50' 20'18 1,0/1 1�6 L1 Cedar Ridge Unit 1 Vol. 64, P. 271 20 40 SCALE 1" = 40' NOTES 1. YARD REQUIREMENTS AS DEPICTED AREA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE AND SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 2. SET 6/6 INCH IRON RODS AT ALL LOT CORNERS, HOE, PIS, BLOCK CORNERS, ETC. UNLESS OTHERWISE SPECIFIED. 3. AC. DENOTES ACRES OF LAND S.F. DENOTES SQUARE FEET OF LAND YR DENOTES YARD REQUIREMENT EL. DENOTES 80110160 LINE U.E. DENOTES UTILITY EASEMENT O.E. DENOTES DRAINAGE EASEMENT O.L. DENOTES CENTERLINE OF ROADWAY SC. DENOTES BLOCK CORNER O.H. DENOTES DRILL HOLE 'S" DENOTES SET 51801606 600 "+" DENOTES GRADE ELEVATIONS 4. 8Y GRAPHIC P10111140 ONLY, THIS PROPERTY IS IN ZONE "G' ON THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NUMBER 488494 0520 0, CITY OF CORPUS CHRISTI, TEXAS, WHICH BEARS AN EFFECTIVE DATE OF JUNE 4,1887 AND IS NOT IN A SPECIAL FLOOD HAZARD AREA. 5. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS THE 000 CREEK BASIN. THE TCE5 HAS NOT CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO CREEK, BUT ITIS RECOGNIZED AS AN ENVIRONMENTALLY SENSITIVE AREA THE 000 CREEK FLOWS DIRECTLY INTO THE OSO BAY. THE 1050 HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS 'EXCEPTIONAL. AND 10YSTER WATERS" AND CATEGORIZED THE RECEIVING WATER AS A'CONTACT RECREATION USE. 8. TOTAL PLATTED AREA IS 2.401 ACRES. T. BEARING ARE BASED ON THE SOUTH BOUNDARY OF CEDAR PASS DRIVE, AS 800088NTEO ON THE GROUND AND SHOWN AS SOUTH 81' 32 00' EAST ON THE RECORDED PLAT OF CEDAR RIDGE UNIT 1, A MAP OF WHICH IS 6,8008DED IN VOLUME 48, PAGE 180.185. AND AS IN VOLUME 84, PAGE 210, MAP RECORDS OF NUECES COUNTY, TEXAS. 0. LOT 6 AND LOT 13 ARE FOR NON-RESIDENTIAL PURPOSES. 9. THE CITY OF CORPUS CHRISTI HAS NO RESPONSIBILITY POR REPAIR AND MAINTENANCE OF UTILITY LINES INSIDE THE BOUNDARY OF CEDAR RIDGE P.U.D. UNIT 1, UNLESS SUCH UTILITIES ARE INSTALLED INA DEDICATED PUBLIC 11111112 EASEMENT. SINCE THE DEVELOPER HAS CHOOSEN TO CONSTRUCT THE STREETS OF CONCRETE, INSTEAD OF THE CITY OF CORPUS CHRISTI'S FLEXIBLE BASE PAVEMENT, IF THE CITY MUST REMOVE ANY PAVEMENT TO REPAIR OR MAINTAIN A CITY UTILITY LINE THE CITY WILL ONLY PATCH THE PAVEMENT IN A MANNER SIMILAR TO THAT USED ON ASPHALT STREET SURFACES. THE CITY IS NOT REQUIRED TO RESTORE THE PAVED SURFACE WITH CONCRETE TO MATCH THE INSTALLED PAVEMENT. 10 ALL STREET AREAS SHALL BE DEDICATED UTILITY EASEMENTS. THE HOMEOWNERS ASSOCIATION RESERVES THE RIGHT TO INSTALL SUCH ITEMS AS FENCES, WALLS, SECURITY SYSTEM, AND ANY OTHER IMPROVEMENT AS LONG AS IT DOES NOT UNREASONABLY INTERFERE WITH NORMAL CITY AND FRANCHISE UTILITY WORK THE CITY OF CORPUS CHRISTI IS NOT LIABLE FOR ANY STAINING OF CONCRETE ROAD SURFACES CAUSED BY CITY VEHICLE AND EQUIPMENT. 11. THE CONVEYANCE TO ANY GRANTEE OF ANY LOT WITHIN THE SUBJECT SUBDIVISION SHALL INCLUDE MEMBERSHIP IN THE HOMEOWNERS ASSOCIATION, WHICH ASSOCIATION SHALL HOLD TIRE TO ALL COMMON AREAS 13(3148508014101002 THE HOMEOWNER'S ASSOCIATION WILL BE RESPONSIBLE FOR MAINTENANCE OF PRIVATE STREETS. 12 THE CNV OF CORPUS CHRISTI IS NOT RESPONSIBLE FOR ANY DRAINAGE WITHIN THE CEDAR RIDGE P.U.O. UNIT 1 THE HOMEOWNER'S ASSOCIATION WILL BE RESPONSIBLE FOR ANY MAINTENACE OF STORM WATER DISCHARGE INTO THE RECEIVING WATERS, AND WILL NEED TO ENSURE ANY DISCHARGE COMPLIES WITH APPLICABLE TCEQ REGULATIONS. THIS PLAT IS IN COMPLIANCE WITH THE P.V.O. 2 ZONING ORDINANCE N0. 025818 ADOPTED JULY 13, 2004 BY THE CITY COUNCIL SHEET 2 OF 2 VOSS ENGINEERING, INC. FIRM No. F-166 ENGINEERING AND LAND SURVEYING 6838 GREENWOOD DRIVE CORPUS CHRISTI, TEXAS 78415 361.854.6202 FAX: 361.853.4696 SITE PLAN JOB No. 11-6549 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 14, 2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING CBH Equity, LLC (Case No. 0412 -03) Change from "RS -6" Single - Family 6 District to "IL" Light Industrial District Property Address: 9149 State Hwy 44 CAPTION: PUBLIC HEARING — ZONING Case No. 0412 -03: CBH Equity, LLC: A change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. The property to be rezoned is approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas. RECOMMENDATION: Planning Commission & Staff Recommendation (April 25, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: The purpose of the requested change of zoning is to allow an oilfield service company to construct a 20,000- square -foot warehouse and office on approximately 2.5 acres and for future light industrial uses on the remaining 7.5 acres. There is no development plan for the 7.5 acres at this time, but it is anticipated to develop with light industrial uses. The oilfield service company sells valves and refinishes drill bits for the oilfield industry. The majority of the warehouse would be used for retail storage of the valves and about 7,500 square feet would serve as an area for refinishing the drill bits. The company would operate during normal business hours and is expected to have a limited amount of outside storage, which is allowed in the "IL" District. The subject property is currently used for agricultural purposes. The subject property is bordered to the north and west with agricultural land; to the north with an abandoned elementary school; to the east across S. Clarkwood Rd. are single - family houses and vacant City Council Executive Summary Memorandum CBH Equity, LLC (Case No. 0412 -03) Page 2 lots; and to the south across SH 44 is a recently developed convenience store and truck stop. Also, to the south and under construction is a Border Patrol facility and Baker Hughes, which is another oilfield service company. ALTERNATIVES: Deny the requested change of zoning. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the Comprehensive Plan and Port /Airport/Violet Area Development Plan (ADP), which slate the subject and adjacent properties for light industrial uses. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: 1. Zoning Report with Attachments 2. Ordinance with Exhibit A K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -03 CBH Equity \0412 -03 Agenda Memo, CBH Equity, LLC, RS -6 to IL, FINAL.docx ZONING REPORT Case No.: 0412 -03 HTE No. 12- 10000013 Planning Commission Hearing Date: April 25, 2012 Applicant & Legal Description Applicant /Owner: CBH Equity, LLC Representative: Chris Hamilton Legal Description /Location: Being approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, located on the northwest corner of South Clarkwood Road and State Highway 44. Zoning Request From: "RS -6" Single Family 6 District To: "IL" Light Industrial District Area: Approximately 10 acres, located inside city limits, out of a 13.987 -acre tract Purpose of Request: To allow for construction of a 20,000 sq. ft. pre- engineered metal building for an oilfield service company and for other future light industrial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Agricultural Light Industrial North "RS -6" Single - Family 6 Vacant, Public /Semi- Public, & Low Density Residential Light Industrial South "IL" Light Industrial & "RS-6" Single - Family 6 Agricultural & Commercial Commercial East "RS -6" Single - Family 6 Vacant & Low Density Residential Light Industrial West Outside City Limits Agricultural Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located in the Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change in zoning to the "IL" Light Industrial District is consistent with the adopted Future Land Use Plan. Map No.: 058043 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has approximately 1,500 feet of frontage along the access road of State Highway 44 (SH 44), which is an existing F1 Freeway as indicated in the Urban Transportation Plan, and 250 feet of frontage on South Clarkwood Road, which is a proposed A3 Primary Arterial. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume SH 44 F1 Freeway 400' ROW, varied paved width 360' ROW, 310' paved width at intersection Year 2005 - 20,838 ADT (Between Rand Morgan & Clarkwood) South Clarkwood Road A3 Primary Arterial 130' ROW, 79' paved width 100' ROW, 65' paved width Year 2011 - 1,239 ADT (Between Leopard &SH44) Zoning Report Case #0412 -03, CBH Equity, LLC Page 2 Staff Summary: • Requested Zoning: The applicant has requested a change of zoning from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District on 13.987 acres of land, located at the northwest corner of SH 44 and S. Clarkwood Rd. This zoning change has been initiated because an oilfield service company is looking to establish its business on approximately 2.5 of the 13.987 acres. The landowner, however, has requested the rezoning of his entire property (13.987 acres) because the entire acreage is anticipated for light industrial uses. The property's current zoning district, "RS -6" Single - Family 6, does not allow for oilfield service businesses, which are classified as "light industrial services." Additionally, only 10 acres of the 13.987 -acre site are within the City Limits. Because the City does not have the authority to assign a zoning designation to land outside the city limits even if the site is within the 5 -mile Extraterritorial Jurisdiction (ETJ), only the 10 -acre portion of the landowner's property that falls within the City Limits can be rezoned. If the remaining acreage is ever annexed, the property could be rezoned to the appropriate designation at that time. • Applicant's Development Plan: The applicant proposes to use approximately 2.5 acres of the 13.987 -acre tract to build a 20,000 sq. ft. pre- engineered metal building to house offices and a warehouse for a national oilfield service company. The company sells valves and refinishes drill bits for the oilfield industry. The majority of the warehouse would be used for retail storage of the valves and about 7,500 square feet would serve as an area for refinishing the drill bits. A limited amount of outside storage is expected, which is allowed in the "IL" District. The company would have less than 20 employees and would operate during normal business hours. There is no development plan for the remaining acreage at this time, but it is anticipated for light industrial uses in the future. • Existing Land Uses: The subject property (13.987 acres) is currently used for agricultural purposes. To the north of the subject property is an abandoned elementary school. Located to the east across S. Clarkwood Rd. are low density residential uses and vacant lots. Located to the south across SH 44 is a recently developed convenience store and truck stop. Also to the south and under construction is a Border Patrol facility and Baker Hughes, which is another oilfield service company. Located to the west is vacant land outside the city limits. • Buffer Yard: A minimum 20 -foot buffer yard would be required between the subject property and the property to the north where there is the "RS -6" Single - Family 6 District. A solid screening fence would also be required between the "IL" and "RS -6" Districts. • Comprehensive Plan & Area Development Plan (ADP) Consistency: The Comprehensive Plan and the Port/Airport/Violet Area Development Plan (ADP) slate the subject property and the areas immediately adjacent to it for light industrial uses. The proposed change of zoning to the "IL" Light Industrial on the 10 acres located within the city limits would be consistent with the adopted Future Land Use Map. Plat Status: The subject property is not platted. Zoning Report Case #0412 -03, CBH Equity, LLC Page 3 Department Comments: • The Comprehensive Plan and Future Land Use Map call for the subject property and all adjacent parcels on the northwest corner of S. Clarkwood Rd. and SH 44 to be used for light industrial purposes. • The change of zoning to "IL" on 10 acres would be consistent with the Comprehensive Plan. • The proposed oilfield service company is an appropriate use of land but would have to provide the appropriate buffer where adjacent to the single - family zoning district. Planninq Commission & Staff Recommendation (April 25, 2012): Approval of the change of zoning to the "IL" Light Industrial District. Notification Number of Notices Mailed — 16 within 200' notification area; 0 outside notification area As of May 14, 2012: In Favor In Opposition For 0.0% in opposition. — 1 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map — Existing Zoning, Notice Area, & Ownership Map 2. Site Survey 3. Site Plan for the Oilfield Service Company K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -03 CBH Equity \0412 -03 Zoning Report, CBH Equity, FINAL for PC 042512.doc t i3 D A E rNAf' t44' SUBJECT ENS HWY 44 ACC PA R,K BAKER F1/2012 Preppred 8y:1 remym f oeveibpmenr a�ervices CASE: 0412-0 2. SITE EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM-2 Multifamily 2 RM -3 Multifamily 3 ON. Professional Office RM -AT Multifamily AT CN -1 Neighborhood Comma CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial. CI Intensive Com mercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy industrial PUD Planned Unit Dev, Overlay RS -10 Single - Family 10 RS-6 Single -Family 6 RS -4,5 Single-Family 4,5 RS -TF Two - Family RS -15 Single-Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Owner within 200'trsre0 ... attached ownership ra0ie inlays an avcr XOwners rn oppasaton GNE. SUBJECT PROPERTY ()CATION MAP City of Corpus Christi onnan... CULTIVATED FIELDS h zmInninn Tn.!, +ng,Innn tnn:gn+ .41%, TKO. fiT.,.+3+,:+.0t1+.7: (nplpInr1,+NI r++:4T .n.11$110 .+T+F 1143]. SURVEY OF 254M$9 ACRE TRACT nn. L...DSTON nNEn.:EnlinijNG tIrn •oVER rnnnt.C.. 254.069 ACRE TRACT bb AVMHDIH IIVIS OD 0 2 0 0 CLARKWOOD /1 / 0 • • . • 1 1 40. Wide Driveway 19 Parking Spaces 0 1 78' , 4 IN a vaiay LL LL'OL amp OOZ °.l areas .....,, • Build to Suit ,..„..- IP • LUDDEKE 1 :::r.r."g:V; S 1_.... .t For Con 5 truc tidn [tiding Permit od 611.1aled..AN Regulatory Approvdl / -- SCHEMATIC SITE PLAN Na. REviSION ISSUE / BY DATE "101102....smr.L....onans PDF created with pdfFoctory Wel version vAny atIffactotv.com.au Ordinance amending the Unified Development Code (UDC), upon application by CBH Equity, LLC, by changing the UDC Zoning Map in reference to approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District; 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 CBH Equity, LLC, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 25, 2012, during a meeting of the Planning Commission, and on Tuesday, June 12, 2012, during a meeting of the City Council, in 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, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on approximately 10 acres out of a 13.987 -acre tract of land described in a survey of 254.069 acres of land, more or less, out of the west 5/8 of Section or Survey 402, Certificate No. 1739, Patent No. 359, Volume 37, Abstract No. 988 in Nueces County, Texas, located on the northwest corner of South Clarkwood Road and State Highway 44, from the "RS -6" Single - Family 6 District to the "IL" Light Industrial District (Zoning Map 058043) (Exhibit A). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, 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 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and /or Article 10 of the UDC. SECTION 7. 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. Page 2 of 3 SECTION 8. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi Page 3 of 3 Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Joe Adame Mayor, City of Corpus Christi K: \DevelopmentSvcs \SHARED\ZONING CASES \0412 -03 CBH Equity \0412 -03 Ordinance, CBH Equity, LLC, RS -6 to IL, FI NAL.docx ASSESSORS MAP 44 SUBJECT PROPERTY RS -his CL NSEE HWY 44 ACC HWY' 44 FRWY HWY 44 FRW HWY 44 ACC DEATON BAKER 4rx S U', 8 CASE: 0412-0 Exhibit A Approval of the "IL" Light Industrial District Ordinance No.: e' 1 ISE BUSINESS PAR K 22 14 R -W{3-0D 7A —4 10 11 A 2A 12 Prepered 8y: j eparrmerrr of Deveibpmen 14 1712012 remym ervice SUBJECT ;PROPERTY LOCATION MAP City of COrpUS Christi AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 23, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds Pcctexas.com 361- 886 -2603 PUBLIC HEARING Crime Control and Prevention District Proposed FY2013 budget STAFF PRESENTER(S): Name 1. Floyd Simpson 2. Pat Eldridge 3. OUTSIDE PRESENTER(S): Title /Position Department Chief of Police Police Police Administration Manager Police Name Title /Position Organization 1. Susie Luna - Saldana Board Chairman Crime Control and Prevention District 2. 3. BACKGROUND : The Crime Control and Prevention District adopted the FY2013 budget on April 18 after holding a public hearing on the same date. The City Council will now hold this public hearing on June 12 and approve on June 26. LIST OF SUPPORTING DOCUMENTS: PowerPoint Crime Control & Prevention District FY 2012/2013 Proposed Budget ■ Continued focus on Core Programs — 50 Police Officers — Juvenile Assessment Center — Pawn Shop Detail — Purchase of five replacement police vehicles — Purchase of support equipment ■ Continued focus on long term fiscal responsibility and control 2 Crime Control & Prevention District FY 2012/2013 Proposed Budget ■ Assignment of 50 Police Officers — 8 Directed Patrol Officers — 10 Gang Unit (JET) Officers — 3 Moped Officers — 2 Traffic Safety Officers — 1 Narcotics Officer (with a drug dog) — 1 Campus Crime Stoppers Officer — 25 Patrol Officers (enhance patrol response) 3 Crime Control & Prevention District FY 2012/2013 Proposed Budget • Total Expenditures $5,627,344 — 4% pay increase for sworn officers — 2% pay increase for civilian personnel • Total Revenues $6,435,008 • Elimination of the Graffiti Sr. Staff Asst. (relocated to the General Fund - Police) • All other programs fully funded • Ending fund balance $3,525,427 4 Crime Control & Prevention District FY 2012/2013 Budget Calendar April 18 —CCD public hearing & budget adoption June 12 - City Council public hearing June 19 —City Council approves or rejects CCD Budget, lit reading June 26 - City Council approves or rejects CCD Budget, 2"d reading 5 Pr AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 10, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Interim Director of Engineering Services danb@cctexas.com Fred Segundo, Director of Aviation fredS(ccctexas.com Motion adopting a Resolution for the acquisition of an Avigation easement referred to as Parcel 3 and two tracts of land referred to a Parcels 3A and 3B, needed for the CCIA Runway 17 -35 Extension /Displacement Project. CAPTION: Motion adopting a resolution authorizing the use of the power of eminent domain to acquire certain property rights to tract of land referred to herein as Parcels 3, 3A, and 3B located in the area adjacent to State Highway 44, more specifically, for 0.87 acres fee simple; and 14.10 acres for an Avigation Easement; both being a portion of Tracts 1 and 2 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport Runway Extension / Displacement Project. PURPOSE: The adoption of this resolution authorizes the City to acquire fee simple tracts of land and an avigation easement for a public aviation project using eminent domain proceedings. The City first provides owners with the Texas Landowner Bill of Rights which fully describes the eminent domain process. If the City and the landowners cannot reach an agreement on the value of the parcels and any resulting damages, then eminent domain proceedings would become necessary to acquire the parcels. This resolution establishes a public necessity for the acquisition of these parcels and authorizes initiation of eminent domain proceedings, but only in the event that they become necessary. The resolution and the motion to adopt it are required in order to comply with the new Senate Bill 18 requirements for a public record vote. BACKGROUND AND FINDINGS: On May 17, 2011, City Council approved an Ordinance appropriating $600,000 from the Unreserved Fund Balance in Passenger Facility Charge Funds to fund Capital Improvement Projects at Corpus Christi International Airport (CCIA) identified in the FY2010 -2011 Capital Budget. In addition, the ordinance changed the FY2010 -2011 Capital Budget adopted by Ordinance No. 028995 to identify alternate funding sources for airport projects. These funds were to be used on an interim basis for design, environmental studies, and land acquisition costs in advance of a future award of a Federal Aviation Administrative (FAA) grant. The future FAA Grant will provide 90% of the eligible expenses with Aviation CIP funds providing the other 10 %. The Runway 17/35 Extension Project and Runways 13/31 Extension Project will address safety issues resulting from runway incursion incidents. A runway incursion is an incident where an unauthorized intrusion occurs into a runway by an aircraft, vehicle, person or object that creates a collision hazard. These projects are the result of the Runway Alternate Study performed in year 2011 by Jacobs Engineering that recommended decoupling the runway ends at 35 and 31, following FAA new Advisory Circular standards. On the same agenda, a Motion was passed to execute a contract with KSA Engineers, Inc., of Longview, Texas for various tasks involved with the runway project development and design. Based on the location of the runway extension and FAA's recommendations, KSA Engineers determined the need for a total of six parcels comprised of three Avigation Easements and three tracts of land needed for the Runway 17 -35 runway protection zone (RPZ) and runway approach lighting stations. These six individual parcels are shown on the attached Location Map as Parcels 1 through 3B. City Land Acquisition staff began negotiations with three groups of landowners which are listed on the attached Parcel List. Offers of just compensation were made to all the landowners based on appraisal reports obtained by the City, a copy of which was provided to the property owners. City Land Acquisition staff has since completed negotiations with the owner of Parcels 2 and 2A and have acquired full title to the land and avigation easement. Parcel 3 is a 14.10 acre Avigation Easement, whereas Parcels 3A and 3B total .87 acres needed in fee simple for road and access purposes. Negotiations for Parcel 3,3A, 3B, are concluding with a final offer having been presented. In the event an agreement is not reached with the landowner, eminent domain proceedings could be required. State law, as amended by Texas Senate Bill 18, requires all entities to follow certain procedures prior to initiating eminent domain proceedings under §21.012 of the Texas Property Code. These procedures are codified in Subchapter B, of Chapter 2206, of the Texas Government Code. The parcels are grouped into individual resolutions according to landowner groups, as permitted under Tex. Gov't Code §2206.053. City Council is requested to pass a motion to adopt each resolution individually by separate record vote, as permitted under this stated code. Other similar resolutions will be presented to City Council in the near future for parcels associated with Runway 13 -31, located west of this Runway 17 -35. ALTERNATIVES: No alternatives are available. Texas law requires a resolution be adopted at a public meeting by record vote prior to initiating eminent domain proceedings. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Aviation and Engineering Departments. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital [x] Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable Comments: Funding will be required in the future for payment of just compensation settlements to landowners. Payments and expenditures which exceed $50,000, will require City Council approval. RECOMMENDATION: Adoption of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Parcel List Resolution File: \Mproject \councilexh \exhE1 1046LAND.dw N 4 N W4 t V V s. V.M.DONIGAN V01.1 P0.46 Y.R.N.C.T. 5 4 MARSH ANNA SPOHN WELCH 91.38 AC. 3 JOHN PAUL HOOTEN 91.36 AC. 2 NANCY OGBURN UEMPSEY 91.36 AC. 9(0 7 ROE 6 95.0. 6 ROE 6 iln r i.P. big GRAPHIC SCALE IN FEET LEGEND 500.60• 500.90. a 5Irarie I0. I000ao' PROPOSED AVIGATION EASEMENT 1\\-ppOpyyt NN161 0* PAW 11 !1 PROPOSED PROPERTY ACQUISITION PROJECT# E11046 Corpus Christi International Airport CCIA Runway 17 -35 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4 -26 -2012 EXHIBIT A Parcel List CCIA Runway 17 -35 Extension /Displacement and Connection Taxiway Project E11046 Parcel Type Landowner Name Parcel Size (ac.) Legal Description 1 Avigation Easement Anna Spohn Welch Marsh 7.80 Lot 4, V.M. Donigan Partition 2 Avigation Easement Hooten Family Trust 18.81 Lot 3, V.M. Donigan Partition 2A Fee Simple (Deed) Hooten Family Trust 1.68 Lot 3, V.M. Donigan Partition 3 Avigation Easement See Undivided Interest list below 14.10 Lot 2, V.M. Donigan Partition 3A Fee Simple (Deed) See Undivided Interest list below 0.68 Lot 2, V.M. Donigan Partition 3B Fee Simple (Deed) See Undivided Interest list below 0.19 Lot 1, V.M. Donigan Partition Parcels 3, 3A, 3B Undivided Interest 1 James Daniel Walker 7.69% 2 Charles Arthur Walker 7.69% 3 Mary Frances Wilson Burson 7.69% 4 James Fred Ogburn 7.69% 5 Sylvia Claire Wilson Beckman 7.69% 6 George David Wilson 7.69% 7 Bettye Joyce Walker Coats 7.69% 8 Ann B. Trumbly Living Trust 7.69% 9 Kelley D. Cook 7.69% 10 Starla Leigh Burnham 2.56% 11 William Taylor Laughlin 7.69% 12 Rodney Blake Driskill 7.69% 13 Nancy Ogburn Dempsey 7.69% 14 Jarma Dawn Aycox 2.56% 15 David Eugene Burnham 2.56% 100% j: \gen \agenda items \cda runway 17 -35 resolution \exhibit b. parcel Iist.docx EXHIBIT B Resolution determining the necessity to acquire a tract of land and easement rights for property referred to herein as Parcels 3, 3A, and 3B located in the area adjacent to State Highway 44, as described in Exhibits "A ", "C ", and "E" and delineated in Exhibits "B ", "D ", and "F" attached hereto and incorporated herein, authorizing the filing of eminent domain proceedings for the CCIA Runway Extension / Displacement Project for 0.87 acres fee simple; and 14.10 acres for an Avigation Easement; both being a portion of Tracts 1 and 2 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas. The owners of the needed property interests are James Daniel Walker, Charles Arthur Walker, Mary Frances Wilson Burson, James Fred Ogburn, Sylvia Claire Wilson Beckman, George David Wilson, Bettye Joyce Walker Coats, Ann B. Trumbly Living Trust, Kelley D. Cook, Starla Leigh Burnham, William Taylor Laughlin, Rodney Blake Driskill, Nancy Ogburn Dempsey, Jarma Dawn Aycox, and David Eugene Burnham. The property is located on State Highway 44 and Hopkins Road across from the Corpus Christi International Airport, in Corpus Christi, Nueces County, Texas. WHEREAS, the City Council of the City of Corpus Christi has found that public necessity requires the City of Corpus Christi to acquire certain real property interests for public purposes as set out below; and WHEREAS, the City of Corpus Christi has attempted to purchase those needed real property interests but has been unable to agree with the owners on the value of the property interest, or the damages, if any; WHEREAS, the in accordance with the Texas Property Code, the City has provided the landowners with a copy of the Landowner's Bill of Rights; WHEREAS, in accordance with state law, the City has obtained a written appraisal from a certified appraiser of the value of the property being acquired and damages, if any, to the remainder; WHEREAS, the City has waited thirty (30) days from the date of the initial offer, delivered a copy of the certified appraisal, and made a final offer to the landowners and has included in the final offer an amount at least as much, or greater than the certified appraisal; WHEREAS, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of a present quorum of the City Council, determined to utilize its constitutional and resolution %20for %20walker[1] - Parcel 3 statutory authority to exercise its authority for eminent domain in accordance with State law. 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 finds and determines that a public necessity exists for the welfare of the City and its citizens and it is in the public interest to acquire the tract of land, as described in Exhibits "A ", "C ", and "E" and delineated in Exhibits "B ", "D ", and "F ", attached hereto and incorporated herein, within the City of Corpus Christi, Nueces County, Texas, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its Corpus Christi International Airport including but not limited to runway extension, related apparatus, and other facilities related to avigation purposes to accommodate and make operable the runway extension. That the legal descriptions of said property are attached hereto as Exhibits "A ", "C ", and "E" and delineated in Exhibits "B ", "D ", and "F ", all being made a part hereof for all purposes. Section 2. That the City Attorney, or other authorized designee, is hereby authorized and directed to file, or cause to be filed, a suit in eminent domain on behalf of the City of Corpus Christi against the owners now having, or who may acquire, an interest in the real property interests necessary to the City, described and located below, for the public purposes set out below, and to take whatever other action may be deemed appropriate to effect the necessary acquisitions. Section 3. The City Attorney, or other authorized designee, shall file eminent domain proceedings for: Owners: Project: resolution %20for %20walker[1] - Parcel 3 James Daniel Walker, Charles Arthur Walker, Mary Frances Wilson Burson, James Fred Ogburn, Sylvia Claire Wilson Beckman, George David Wilson, Bettye Joyce Walker Coats, Ann B. Trumbly Living Trust, Kelley D. Cook, Starla Leigh Burnham, William Taylor Laughlin, Rodney Blake Driskill, Nancy Ogburn Dempsey, Jarma Dawn Aycox, and David Eugune Burnham. The CCIA Runway Extension / Displacement Project #E11046 will provide for the construction and extension of Runway 17 by 600 feet to the north toward State Highway 44. The proposed runway extension will then require lighting and navigation aids to be placed on the North side of Public Purpose: State Highway 44, along with an Avigation Easement that will extend northward approximately 1120 feet. The permanent Avigation Easement is described in the attached Exhibits "A" and "B" and needed for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". A tract of land containing 0.87 acres will also be acquired fee simple that will provide for an access road off of Hopkins Road leading to the location of the lighting and navigation aids to assist with airport operations. Location: State Highway 44 across from CCIA Corpus Christi, Texas 78406 Property: Described in the attached and incorporated Exhibits A, B, C, D, E, F. Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. Section 5. The owners or parties claiming interest in said property are depicted on Exhibits "A ", "C ", and "E ". Section 6. The Recitals are incorporated for all purposes as if they were fully recited herein. Section 7. This Resolution shall take effect immediately from and after its adoption and it is so resolved. resolution %20for %20walker[1] - Parcel 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary resolution %20for %20walker[1] - Parcel 3 Joe Adame Mayor Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott resolution %20for %20walker[1] - Parcel 3 LNV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 PARCEL NO. 3 Field note description for a 14.10 acre tract more or less, out of a 91.36 acre tract of land being out of Tract 2 of the Partition of V.M. Doriigan 456.65 acre tract in Sections 6 and 7, Ranch VI of the H.L. Kinney Sectionized Land in Nueces County, Texas, recorded in Volume 1, Page 49, Miscellaneous Map Records attached to Partition Deed dated January 12, 1951, recorded under Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County Texas, said 14.10 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a point in the north right of way line of the Texas Mexican Railroad right of way, the southwest corner of said Nancy Ogburn Dempsey 91.36 acre tract, the southeast corner of John Paul Hooten 91.36 acre tract, for the southwest and beginning corner of the tract herein described; Thence North 00 °- 47' -34" West, a distance of 1,120.89 feet to a point for the northwest comer of the tract herein described; Thence North 88 °- 39' -16" East, a distance 626.84 feet to a point for the northeast corner of the tract herein described; Thence South 07 °- 11' -07" West, a distance of 1,132,89 feet to a point in the north right of way line of said Texas Mexican Railroad right of way for the southeast corner of the tract herein described; Thence South 88 °- 35' -43" West, with the north right of way line of said Texas Mexican Railroad right of way, a distance of 469.61 feet to the Point of Beginning. Containing more or less (614,318.12 Square Feet) 14.10 acres of land. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor of LNV, Inc., hereby certify that the foregoing field note description was prepared from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyors Association Standards and Specifications for a Category 1 -A, Land Title Survey. Sr- This the/ day of AmeA 2012. 7411-t_Ae4 paiceec., Horacio Oliveira State of Texas License No, 1415 Exhibit "A" — PL SCALE 1`.200' F-- z5 -9z PL 0 0 • Mo > J 0 PL PL 2 b NANCY OGBURN DEMPSEY 91.36 AC. to PL W P1 3 JOHN PAUL HOOTEN 91.36 AC. State of Texas County of Nueoes Horacio Oliveira. a Registered Professional Land Surveyor, of LIN Ino.. do hereby certify that the foregoing map wos prepored from informotion of record and from a survey made on the ground under my direction. Z PL PL PL S 07'11.07• P L PL 1132,99• PARCEL 3 14.10 ACRES 4/ SECRON LINE PL 114 Thls the 13 day of 2011. Horocio Oliveira State of Texas License No. 1415 N 0047'34 W 1120.89' • THIS AMP TO ACCOMPANY FIELD NOTE DESCRIPDON • SOURCE OF BENNNG.TEIOLS STATE PLANE TEXAS SOUTH ZONE-4205—WTD 83 • BY GRAPFIC PLUTONS ONLY, 11415 PROPERTY IS 114 ZONES AI, B & C' 014 FLOOD NSURNICE TWE MAP COMMUNITY PANEL NUMBER 485464 0161JC, FEMA MTP EFFECINE 611E OF JULY 18, 1085. • PARCEL 3 = 814,316.12 SQ. FT., 14.10 AC. PORK OF 110G66 N0 W FD 1' LP, SW CORNER OF WELC =Et4D• 91.36 AC. TRACT M.R.14.C.1. MAP RECORDS. NUECES COUNTY TEXAS I.R. MON ROO I.P. IRON PIN F0 FOUND B.L 81)1.01NG UNE ACL ABOVE (X101)40 LEVEL — PL— PROPERTY UNE — ROW— RIGHT OF WAY SECNON UNE IIIIH{}µH RAIL ROM TRACKS M 7.1L la Exhibit "B" EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 3 AREA=614,318.12 SQ. FT. 14.10 AC. REFERENCES: LOT 2, V.M. OONIGAN VOLUME 1, PAGE 49. M.R.N.C.T. O 10 1 J DATE: OCTOBER 2011 LNV englnaa a 1 architect 1 contractors LNV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 Field note description for 0.68 acre tract, more or less out of a 91.36 acre tract of land being out of Tract 2 of the Partition of the V.M. Donigan 456.65 acre tract in Sections 6 and 7, Range VI of the N.L. Kinney Sectionized Land in Nueces County, Texas, recorded in Volume 1, Page 49. Miscellaneous Map Records attached to Partition Deed dated January 12, 1951, recorded under Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas, 0.68 acre tract is part of the 14.10 acre tract out of Tract IV of Fidelity National Title Commitment GF No. 120220902 -5 and being more particularly described by metes and bounds as follows: Commencing at the southwest comer of said Lot 2 of the V.M. Donigan Subdivision and the north right of way line of the Texas Mexican Railroad , from whence a found 1 inch iron pipe at the southwest corner of Lot 4 of the V.M.Donigan Partition recorded in Volume 1 Page 49 of the Map Records Nueces County. Texas, bears South 88 °- 33' -07" West a distance of 2188.29 feet. Thence North 00 °- 47' -34 "West a distance of 451.20 feet to the southwest corner and Point of Beginning of the tract herein described; Thence North 00 °- 47' -34" W, a distance of 40.00 feet to a point for the most northwesterly corner of the tract herein described; Thence North 88 °- 39' -16" East, a distance of200.01 feet to a point, for an interior corner of the tract herein described, Thence South 67 °- 35' -46" East, a distance of 136.57 feet to a point, for an interior corner of the tract herein described: Thence North 880- 39'46" East, a distance of 406.98 feet to a point. for the most northeasterly comer of the tract herein described; Thence South 00 °- 47' -23 East, a distance of 40.00 feet to a point on the east property line of said Lot..2 V.M. Donnigan Partition, recorded in Volume 1 Page 49, Map Records Nueces County Texas and the west property line of Lot 1 of the V.M. Donnigan Partition recorded in Volume 501 Page 228 of the Deed Records Nueces county Texas for a corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 415.00 feet to a point, for an interior corner of the tract herein described; Thence North 67 °- 35' -46" West, a distance of 136.57 feet to a point, for an interior corner of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 191.99 feet to the Point of Beginning. Containing more or Tess 0.68 (29.742.36 Square Feet) acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio 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. This the ! day of 2012. f Horacio Oliveira State of Texas License No, 1415 Exhibit "C" PL PL SCALE: 1..200' g a PL EL PL 1 NANCY OGBURN DEMPSEY 143.56 AC. TRACT OUT OF TRACKS 5&6 KINNEY LANDS AKA SHRS 1&2 V.M.DONIGAN PARTITION VOL.501 PG.228 D.R.N.C.T. 2 NANCY OGBURN DEMPSEY 91.36 AC. VOL.1 PG.49 M.R.N.C.T. 3 JOHN PAUL HOOTEN 91.36 AC. > r VOL.1 PG.49 M.R.N.C.T. PL Pi J 0 State of Texas County of Nueces i, Horocio Oliveira, a Registered Profess •nal Land Surveyor, of LIN MIC.. do hereby certify that the foregoing mop wos prepared from information of record and from o survey made on the ground under my direction. This the /R lay of AtifIV S, ,2o 1 1. Horatio Oliveira State of Texas License No. 1415 PL PL PL S 00'47'23" E 40.00' N 88'39'16" E 406.98' 0.68 ACRES S 6735'46" E 136.57' N 68'39'16" E 200.01' N 00'47'34" W 40.00' I FORM* M.R.N.C.T. I.R. LP. FO ^PL - -ROW - PL P S 8819'16" 415.00' N 6735'46' WI 138.57' S 88'39'16" W 191.99' POUR 0: B EGINNING e• AIR UOUIDE GASLINE P W rc - 5 2 • d }3 a 0 wce � = Z o SECnO UNE - W Q O - In 1 N 00'47'34• W 451.20 PL UAP RECORDS. NIECES OOIINTY. TUGS IRON ROD IRON PIN FOUND PROPERTY LINE RIGHT Of WAY SECTION un l-H4-H}4{F} RML WO TRACKS —PIPE— UNDERGROUND PIPELINE BOUNDARY OF LAND TO BE ACQUIRED P1 ENTERPRISE PETRO — l PIPELINE I x 1 O r") — V m TD 1 • I.P. — SW CORNER OF WELCft---,..„...� 91.36 AC. TRACT THIS LOP TO ACCOMPANY FIELD NOTE DESCRIPTION . SOURCE OF BEARING TEXAS STATE PLANE TEXAS SOUTH ZONE -4205 --NAD 53 • AREA - 29,742.35 SO. FT., 0.65 AC. • DRS SURVEY IS SUBJECT TO ALL ENCUMBRANCES REFERENCED IN THE SCHEDULE B OF 114E TIRE oOMMI1ENT PR'OMOED BY THE CRY OF CORPUS CHRISTI (cums NIY TIRE SER IcES). Exhibit "D" EXHIBIT OF 0.68 AC. 29,742.36 SQ. FT. OUT OF LOT 2 REFERENCES: LOT 2, V.M. DONIGAN PARTITION VOLUME 1, PAGE 49, M.R.N.C.T. 0 DATE: NOVEMBER 2011 engineers I architect I contractus LNV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 Field note description for 0.19 acres tract, more or less is out of a 91.36 acre tract of land being out of Tract 1 of the Partition of the V.M. Donigan 456.65 acre tract in Sections 6 and 7, Range VI of the H.L. Kinney Sectionized Land in Nueces County, Texas, recorded in Volume 1, Page 49, Miscellaneous Map Records attached to Partition Deed dated January 12, 1951. recorded under Clerk's File No. 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: Commencing at a point on the south property line of said Lot 1 of the V.M. Donigan Partition and the north right of way line of the Texas Mexican Railroad , from whence a found 1 inch iron pipe at the southwest corner of Lot 4 of the V.M.Donigan Partition recorded in Volume 1 Page 49 of the Map Records Nueces County, Texas, bears South 88 °- 35' -04" West a distance of 2920.80 feet, Thence N 00 °- 47' -23 "W a distance of 395.44 feet to the southwest corner and point of beginning of the tract herein described; Thence North 000- 47' -23" W. a distance of 40.00 feet to a point for the most northwesterly comer of the tract herein described; Thence North 88 °- 39' -16" East, a distance of 209.81 feet to a point on the west right of way of an unrecorded road (Hopkins Road) located with the use of design drawings provided by the City of Corpus Christi, for the most northeasterly corner of the tract herein described; Thence in a southwesterly direction with west right of way of said Hopkins Road, and with the arc of a circular curve to the right, whose Central Angle is 07 °- 46' -35", whose Radius is 312.94 feet, a distance of 42.47 feet to a point for the southeast comer of the tract herein described; Thence South 88 °- 39' -16" West, a distance of 196.01 feet to the Point of Beginning. Containing more or less (8,096.08 Square Feet) 0.19 acres of land. Bearings are based on Texas State Plane Zone 4205 NAD 83. State of Texas County of Nueces 1, Horacio 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. This the 347- day ofAkeelt 2012. Horacio Oliveira State of Texas License No. 1415 Exhibit "E" PL *3z SCALE: r=200' PL PL PL PL PL 1 NANCY OGBURN DEMPSEY 143.56 AC. TRACT OUT OF TRACKS 5&6 KINNEY LANDS AKA SHRS 1&2 V.M.DONIGAN PARTITION VOL.501 PG.228 D.R.N.C.T. State of Texas County of Nuecse PL PL PL 2 NANCY OGBU'N DEMPSEY VOL.1 ° *1id�t' C.T. I, Horacio Oliveira, o Registered Prof. Land Surveyor, of LIN Inc., do hereby certify that the foregoing mop wos prepared from information of record and from a survey mode on the ground under my direction. This the I, day ofj .2011. Horocio Oliveiro State of Texas License No. 1415 PL PL LEGEND- M.R.N.C.T. I.R. I.P. FD —PL —ROW- -- PIPE— PL PL PL UNRECORDED ROAD DESIGN DRAWINGS PROVIDED BY CITY 0.19 ACRES N 88'39'16" E 209.81' 8=07'46'35" R-312.94' T=21.27' L-42.47' ROW HOPKINS RD Row % S 88'39' 16" W POR1f oF196.01' N 00.47'23" W ' BEpN►9No 40.00' N 0395.4P ' W 395.4 PL PL MAP RECORDS, NIECES COUNTY, TEAS IRON ROD WON PRI FOUND PROPERTY LINE RIONT OF WAY SECTION ME RAIL ROAD MILKS BOUNDARY OF LAND TO OE ACQUIRED FO 1" IA, SW CORNER OF WELCH 91.36 AC. TRACT NOT c• J z • TNI$ MM TO ACCOMPANY FIELD NOTE DESCRIPTION • SOURCE OF BC. O/TE)4lS STATE PLANE TENS SOUTH IONS -4205 -IND eJ • AREA - 8,090.00 SO. FT.. 0.19 M. • MIS SURVEY IS SUBJECT TO ALL DNCIMIBRANCES REFERENCED 94 THE SCHEDULE B OF THE TITLE 001/MRMEHT PROVIDED BY THE CITY OF CORPUS CHRISTI (OUARArTY TITLE SERVICES). MOR co M i to a MOR - JOE MIREUR RD Exhibit "F" ROW EXHIBIT OF 0.19 AC. 8,096.08 SQ. FT. OUT OF LOT 1 REFERENCES: LOT 1, V.M. DONIGAN PARTITION VOLUME 501, PAGE 228, D.R.N.C.T. 0 2?;z0 _ �I DATE: NOVEMBER 2011 Royston !architects I contractors 7'..'p.aim AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 10, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Interim Director of Engineering Services danb@cctexas.com Fred Segundo, Director of Aviation fredS(ccctexas.com Motion adopting a Resolution for the acquisition of an Avigation easement referred to as Parcel 1, needed for the CCIA Runway 17 -35 Extension /Displacement Project. CAPTION: Motion adopting a resolution authorizing the use of the power of eminent domain to acquire certain property rights to an Avigation and Hazard Easement referred to herein as Parcel 1 located in the area adjacent to State Highway 44, more specifically, for 7.80 acres being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas, for public use for the Corpus Christi International Airport (CCIA) Runway Extension / Displacement Project. PURPOSE: The adoption of this resolution authorizes the City to acquire avigation easements for a public aviation project using eminent domain proceedings. The City first provides owners with the Texas Landowner Bill of Rights which fully describes the eminent domain process. If the City and the landowners cannot reach an agreement on the value of the parcel and any resulting damages, then eminent domain proceedings would become necessary to acquire the parcel. This resolution establishes a public necessity for this acquisition of the parcel and authorizes initiation of eminent domain proceeding, but only in the event that they become necessary. The resolution and the motion to adopt it are required in order to comply with the new Senate Bill 18 requirements for a public record vote. BACKGROUND AND FINDINGS: On May 17, 2011, City Council approved an Ordinance appropriating $600,000 from the Unreserved Fund Balance in Passenger Facility Charge Funds to fund Capital Improvement Projects at Corpus Christi International Airport (CCIA) indentified in the FY2010 -2011 Capital Budget. In addition, the ordinance changed the FY2010 -2011 Capital Budget adopted by Ordinance No. 028995 to identify alternate funding sources for airport projects. These funds were to be used on an interim basis for design, environmental studies, and land acquisition costs in advance of a future award of a Federal Aviation Administrative (FAA) grant. The future FAA Grant will provide 90% of the eligible expenses with Aviation CIP funds providing the other 10 %. On the same agenda, a Motion was passed to execute a contract with KSA Engineers, Inc., of Longview, Texas for various tasks involved with the runway project development and design. Based on the location of the runway extension and FAA's recommendations, KSA Engineers determined the need for a total of six parcels comprised of three Avigation Easements and three tracts of land needed for the Runway 17 -35 runway protection zone (RPZ) and runway approach lighting stations. These six individual parcels are shown on the attached Location Map as Parcels 1 through 3B. In compliance with FAA's land acquisition guidelines, City Land Acquisition staff began negotiations with three groups of landowners which are listed on the attached Parcel List. Offers of just compensation were made to all the landowners based on appraisal reports obtained by the City, a copy of which was provided to the property owners. City Land Acquisition staff has since completed negotiations with the owner of Parcels 2 and 2A and has acquired full title to the land and avigation easement. Negotiations for Parcel 1, Avigation Easement, are concluding with a final offer having been presented. In the event an agreement is not reached with the landowner, eminent domain proceedings could be required. State law, as amended by Texas Senate Bill 18, requires all entities to follow certain procedures prior to initiating eminent domain proceedings under §21.012 of the Texas Property Code. These procedures are codified in Subchapter B, of Chapter 2206, of the Texas Government Code. The parcels are grouped into individual resolutions according to landowner groups, as permitted under Tex. Gov't Code §2206.053. City Council is requested to pass a motion to adopt each resolution individually by separate record vote, as permitted under this stated code. Other similar resolutions will be presented to City Council in the near future for parcels associated with Runway 13 -31, located west of this Runway 17 -35. ALTERNATIVES: No alternatives are available. Texas law requires a resolution be adopted at a public meeting by record vote prior to initiating eminent domain proceedings. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Aviation and Engineering Departments. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital [x] Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable Comments: Funding will be required in the future for payment of just compensation settlements to landowners. Payments and expenditures which exceed $50,000, will require City Council approval. RECOMMENDATION: Adoption of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Parcel List Resolution File: \Mpro ec t`councllexh\exhE11046LAND.dw+q i 5 v.M.oONICAN OOL1 P0.40 WARW. 4 3 ImSH ANNA SPOHN .10194 PATH. HOOtEN WECCN 91.56 AC. 91.26 AC. 2 NANCY OGEURN 0EMPSYY 41.76 AC. 0E0 7 ROE SEA 6 ROE 0 1Me n t. \r qil0 500' GRAPHIC SCALE IN FEET LEGEND \ \ \N PROPOSED AVIGATION EASEMENT E PROPOSED PROPERTY ACQUISITION PROJECT# E11046 Corpus Christi CITY COUNCIL EXHIBIT International Airport CCMA Runway 17 -35 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE: 4 -26 -2012 Parcel List CCIA Runway 17 -35 ExtensionlDisplacement and Connection Taxiway Project E11046 Parcel Type Landowner Name Parcel Size (ac.) Legal Description Lot 4, V.M. Donigan Partition 1 Avigation Easement Anna Spohn Welch Marsh 7.80 2 Avigation Easement Hooten Family Trust 18.81 Lot 3, V.M. Donigan Partition 2A Fee Simple (Deed) Hooten Family Trust 1.68 Lot 3, V.M. Donigan Partition 3 Avigation Easement See Undivided Interest list below 14.10 Lot 2, V.M. Donigan Partition 3A Fee Simple (Deed) See Undivided interest list below 0.68 Lot 2, V.M. Donigan Partition 3B Fee Simple (Deed) See Undivided Interest list below 0.19 Lot 1, V.M. Donigan Partition Parcels 3, 3A, 3B Undivided Interest % 1 James Daniel Walker 7.69% 2 Charles Arthur Walker 7.69% 3 Mary Frances Wilson Burson 7.69% 4 James Fred Ogburn 7.69% 5 Sylvia Claire Wilson Beckman 7.69% 6 George David Wilson 7.69% 7 Bettye Joyce Walker Coats 7.69% 8 Ann B. Trumbly Living Trust 7.69% 9 Kelley D. Cook 7.69% 10 Staria Leigh Burnham 2.56% 11 William Taylor Laughlin 7.69% 12 Rodney Blake Driskill 7.69% 13 Nancy Ogburn Dempsey 7.69% 14 Jarma Dawn Aycox 2.56% 15 David Eugene Burnham 2.56% 100% j:\gen \agenda items \ccia runway 17 -35 resolution \exhibit b. parcel list.docx Resolution determining the necessity to acquire easement rights .for..- property referred -to herein - as- Parcel ..1._. located - .in-- the .. area adjacent to State Highway 44, as described in Exhibit "A" and delineated in Exhibit "B," attached hereto and incorporated herein, authorizing the filing of eminent domain proceedings for the CCIA Runway Extension / Displacement Project for 7.80 acres for an Avigation Easement; being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas. The owner of the needed property interests is Anna Spohn Welch Marsh. The property is located on State Highway 44 across from the Corpus Christi International Airport, in Corpus Christi, Nueces County, Texas. WHEREAS, the City Council of the City of Corpus Christi has found that public necessity requires the City of Corpus Christi to acquire certain real property interests for public purposes as set out below; and WHEREAS, the City of Corpus Christi has attempted to purchase those needed real property interests but has been unable to agree with the owners on the value of the property interest, or the damages, if any; WHEREAS, the in accordance with the Texas Property Code, the City has provided the landowners with a copy of the Landowner's Bill of Rights; WHEREAS, in accordance with state law, the City has obtained a written appraisal from a certified appraiser of the value of the property being acquired and damages, if any, to the remainder; WHEREAS, the City has waited thirty (30) days from the date of the . initial offer, delivered a copy of the certified appraisal, and made a final offer to the landowners and has included in the final offer an amount at least as much, or greater than the certified appraisal; WHEREAS, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of a present quorum of the City Council, determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law. 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 finds and determines that a public necessity exists for the welfare of the City and its citizens and it resolution for marsh.doc - Parcel 1 is in the public interest to acquire the tract of land, as described in Exhibit "A" and delineated in Exhibit "B, attached hereto-and -incorporated herein-, the- City of Corpus Christi, Nueces County, Texas, far suc - public use; that such- acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its Corpus Christi International Airport including but not limited to runway extension, related apparatus, and other facilities related to avigation purposes to accommodate and make operable the runway extension. That the legal descriptions of said property is attached hereto as Exhibit "A" and delineated in Exhibit "B," all being made a part hereof for all purposes. Section 2. That the City Attorney, or other authorized designee, is hereby authorized and directed to file, or cause to be filed, a suit in eminent domain on behalf of the City of Corpus Christi against the owners now having, or who may acquire, an interest in the real property interests necessary to the City, described and located below, for the public purposes set out below, and to take whatever other action may be deemed appropriate to effect the necessary acquisitions. Section 3. The City Attorney, or other authorized designee, shall file eminent domain proceedings for: Owner: Anna Spohn Welch Marsh Project: The CCIA Runway Extension 1 Displacement Project #E11046 will provide for the construction and extension of Runway 17 by 600 feet to the north toward State Highway 44. The proposed runway extension will require an Avigation Easement located on the North side of State Highway 44 extending northward approximately 1120 feet. Public Purpose: The permanent Avigation Easement is described in the attached Exhibits "A" and "B" and needed for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B ". Location: State Highway 44 across from CCIA Corpus Christi, Texas 78406 resolution for marsh.doc - Parcel 1 Property: Described -in the attached and incorporated Exhibits A and B Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. Section 5. The owners or parties claiming interest in said property are depicted on Exhibit "A ". Section 6. The Recitals are incorporated for all purposes as if they were fully recited herein. Section 7. This Resolution shall take effect immediately from and after its adoption and it is so resolved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor resolution for marsh.doc - Parcel 1 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott resolution for marsh.doc - Parcel 1 L Inc. 801 Navigation Blvd:, Suite 2000 orpus rIs , exas 78408 PARCEL NO. 1 Fiekl.,Plate Description for a 180.acre tract of land tailed Parcel "11;.calt of tho Marsh Anna Spohn Welch, 91.6 acre tract of land,. out-of the V.M, Donigan .plhttetotded in, VIiluitie ITap 49. MisCeilandouS Map attached to Partition Deed 3:10003, V.Olume 5014 Pae 22.8, Deed Roporos Qf Nueces county, TOas,:said 780 ;acre tract of land .being inore particularly y riitte'sand ,boands as follows! Bevoilig at apOintin the mirth right pf.WaY line of the Texas Mexican Rai Iroad..,.along Statellighway No. .44 the soutinvest corner:Oa 9136.:acre tract. of land in the narnexiflehn Paul Roote.n, the .so.utheast.corrier ofsald 9136:acre tract. for the southeast :and beginning comer iof the tract'bercin described.; Thence South 88245'43" West, With the north right Of way line of said texas Mexican Railroad; a •stance of20.39 feet to ra :point for the southwest cornet of thertract herein described; Thence ,Nrtn was., a distahc6 of 1,134 feet:to:a point for the northWeSt comer of the tract herein. described; Then0e NOrth 8P-39.'-1'6" East, a .distance of 3.908 feet to a part in the west line ofsMd 9-1;36 acre Plobten proprty, far the northeast corner of.The traCt herein described; Thence South 006.-48'-41"' East, with the west hae of said Illootetrtract of land, a distance Of 1,1/1,64 feet to the Point of Deginning. Containing !note or Jess .(339,5S7.3 SqUare Feet) 7.80 acres of land. State of Texas County Uf Nueoes 1, Ho-ratio :Oliveira, a Reglitered Professional Laud Surveyor -6f LNV, Inc., hereby -Pert* that the foregiing field note description was prepared from a survey madv on the ground under my direction, and that this description:conforms to.the current Texas Surveyors Association Standards and Specifications for •a Category I -A, Land Title Survey. This the ;Pr. day of ./41411M tioracio Oliveira State of Texas License 'No. 1415 Exhibit "A" CALE: 1"=200' State of Texas county of Nuoces , Horacio Oliveira, o ',Registered Professional Land Surveyor. of UN Inc., dq hereby certify that the Foregoing mop was prepored from information of record } from a survey mode on the ground under my direction. This the1.L,_day of.t_2011. 0 z • - 2 OFt, M a- 0 0 Horatio OFrveira State of Texas License No. 1415 0152.35' 1134• 4 MARSH ANNA SPOHN WELCH 91.36 AC. THIS MAP TO ACCOMPANY FIELD NOTE DESCRIPTION • 1E SOWN Z -4205-N PLANEA83 • BY GRAPHIC PL017s1P ONLYTHIS PROPERTY 5 AI ZONES M. 8 er C' ON FLOOD INR7RANCE RATE NAP. COla8UM1Y PPM. NUMBER U 41 C. SSFEMA MAP EFFECTIVE • PARCEL 1 - 339.887.3 SD. FT.. 7.80 AC. Exhibit "B" LEGEND: M.RJLC.T. LR. 1P. FD B.L. AGL —PL- -ROW - 11111111111 FD 1' LP SW CORNER OF WF -LC 91.36 AC. TRACT TEXTS MEXICAN RAILROAD Exhibit "B" MAP RECORDS, NUECES COUNTY, TEXAS IRON ROO IRON PIN FOUR!? BUILDING LINE ABOVE GROUND LEVEI. PROPERTY LOVE RIONE OF WAY SECAON INE RAIL ROAD TRACKS EXHIBIT OF MAXIMUM PERMITTING BUILDING HEIGHT ABOVE GROUND LEVEL PARCEL NO. 1 AREA=339,587.3 SO. FT. 7.80 AC. REFERENCES: LOT 4, V.M. DOINIGAN VOLUME 1, PAGE 49, M.R.N.C.T. DATE: OCTOBER 2011 UW engineers larchitectscontractors AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Execute Construction Contract Rehabilitation of Lift Station FY 2011 Everhart and Staples Lift Station Padre Island Section 4 Lift Station CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with J. S. Haren Company of Athens, Texas in the amount of $857,000 for the Base Bid of the Rehabilitation of Lift Stations FY 2011 Project as follows: • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station PURPOSE: The purpose of this Agenda Item is to execute the construction contract for the Rehabilitation of Lift Stations FY 2011: Everhart and Staples Lift Station and Padre Island Section 4 Lift Station. BACKGROUND AND FINDINGS: The proposed project is funded through FY 2011 -2012 Wastewater Capital Budget & Capital Improvement Planning Guide. The contract has bid and City Council approval is required for construction to commence. The project consists of the rehabilitation of two lift stations which requires control of flow, the replacement of pump bases, dry pit submersible pumps, suction /discharge piping, fittings, pump control panels, main electrical disconnects, plug valves, check valves and miscellaneous items of work required to complete project in accordance with plans, specifications and contract documents. C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL_6_12_2012 0037 1 2B5B2321- A8CA- 494E- 931B- C1ED9F573422.DOCX On April 25, 2012, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid J. S. Haren Company Athens, Texas $857 000.00 R. M. Wright Construction Company El Paso, Texas $878 000.00 Associated Construction Partners Boerne, Texas $980 000.00 ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's consultant, Urban Engineering, conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder based on the Total Base Bid is J. S. Haren Company of Athens, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, J. S. Haren Company has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2011 -2012 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,000,000.00 $2,000,000.00 $3,000,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $857,000.00 $857,000.00 BALANCE Fund(s): Wastewater CIP Comments: The project requires 180 calendar days, with anticipated completion approximately January 2013. Thus, funding for this contract will only be required during Fiscal Year 2011 -2012. C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL_6_12_2012 0037 1 2B5B2321- A8CA- 494E- 931B- C1ED9F573422.DOCX RECOMMENDATION: City staff and Urban Engineering recommend that the construction contract be awarded to J. S. Haren Company of Athens, Texas in the amount of $857,000 for the Rehabilitation of Lift Stations FY 2011: Everhart and Staples Lift Station and Padre Island Section 4 Lift Station for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL 6 12 2012 \0037 1 2B5B2321- A8CA- 494E- 931B- C1ED9F573422.DOCX PROJECT BUDGET REHABILITATION OF LIFT STATIONS FY 2011 EVERHART AND STAPLES LIFT STATION PADRE ISLAND SECTION 4 LIFT STATION Project No. E10142 June 12, 2012 FUNDS AVAILABLE: Wastewater CIP $3,000,000.00 FUNDS REQUIRED: Construction (J. S. Haren Company) Base Bid $857,000.00 Contingencies (10 %) 85,700.00 Consultant Fees: Consultant Design (Urban Engineering) * 103,900.00 Construction Materials Testing (Rock Engineering & Testing Laboratory) 17,140.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 23,567.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 29,995.00 Misc. (Printing, Advertising, etc.) 4,285.00 TOTAL $1,121,587.50 BALANCE $1,878,412.50 * Consultant Design Contract awarded on April 12, 2011 to Urban Engineering (Motion No. M2011- 086). Construction Observation Services is included in Consultant Design Contract. \Mproject\councilexhibits\exhE10142.dwg .w°LECES a.2 J CORPUS CHRISTI Kay Everhart and Staples Lift Station PROJECT #E10142 FM, 43 fiyu.Na _MADRE Padre Island Section Lift Station LOCATION MAP NOT TO SCALE cliff Of Jv1EXICO Lift Station Rehabilitation 2011 • Everhart and Staples Lift Station • Padre Island Section 4 Lift Station CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Lift Station Rehabilitation 2011 Everhart and Staples Lift Station and Padre Island Section 4 Lift Station May 29, 2012 City Council Presentation WASTEWATER U EPA R TOYS NT Lift Station Rehabilitation 2011 Padre Island Section 4 Lift Station City lf ca.pux chd,r; fASTEWATER DEPARTMENT Project Schedule Year 2012 2013 Month vs a: U Q ` 0 z a Construction Phase (185 Days) 6 Month Total Construction Duration Cily qi Corpus Christi WASTEWATER D LPA! 7'M L Nl' FUNDS AVAILABLE: Wastewater C IP ..... . FUNDS REQUIRED: Project Budget $3,000,000.00 Construction (J. S. Haren Company) Base Bid............ $857,000.00 Contingencies (10%) ............... 85,700.00 Consultant Fees: Consultant Design (Urban Engineering) *...... 103,900.00 Construction Materials Testing (Rock Engineering & Testing Laboratory)..... ...... 17,140.00 Reimbursements: 57,847.50 TOTAL $1,121,587.50 BALANCE $1,878,412.50 * Consultant Design Contract awarded on April 12, 2011 to Urban Engineering (Motion No. M2011- 086). Construction Observation Services is included in Consultant Design Contract. WASTEWATER 1)E PAR Tho ENT AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Mark Van Vleck, P. E., Interim Director of Development Services markvv @cctexas.com (361) 826 -3246 Pete Anaya, P. E., Director of Planning petean@cctexas.com (361) 826-3781 RESOLUTION AUTHORIZING PROVISIONALLY ACCREDITED LEVEE (PAL) AGREEMENT WITH FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) Corpus Christi Flood Protection System CAPTION: Resolution authorizing the City Manager, or designee, to execute a Provisionally Accredited Levee (PAL) Agreement with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. PURPOSE: The purpose of the PAL is to continue to recognize the Salt Flats Levee and Concrete Flood Wall as a component of the Corpus Christi Flood Protection System as being accredited by FEMA for reducing flood risk and exposure for the 100 -year level of protection (a one - percent possibility) storm event and assessing levee recertification requirements. C\ PROGRAMFILES \GRANICUS \LEGISTAR5 \ PACKET \961 CITY COUNCIL 6 12 2012 \0038 1 A96FD7B4- E1C0- 46C8 -AC54- OEDBCD425E99.DOCX BACKGROUND AND FINDINGS: The U.S. Department of Homeland Security. Federal Emergency Management Agency (FEMA) is currently working to prepare updated and revised Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This study will produce Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for Nueces County, including the City of Corpus Christi. This restudy effort is part of FEMA's Risk Mapping, Assessment, and Planning (Risk MAP) program and reflects FEMA policy updates Post Hurricane Katrina and Hurricane Ike. In particular, FEMA's assessment methodology of storm surge analysis and wave run -up along coastal structures and levee systems are a new feature from past issued FIRM's. The current issued FIRM's for Nueces County show the Corpus Christi Flood Protection System as accredited (reducing the flood risk) for the 100 -year storm event. To be recognized and annotated on the updated FIRM's under the current remapping effort, FEMA requires that the earthen Salt Flats Levee System and the concrete floodwall adjacent to the Corpus Christi Museum of Science and History be recertified in accordance with 44 CFR 65.10. FEMA has classified the Corpus Christi Seawall as a coastal structure, not a levee, and not subject to recertification as provided by 44 CFR 65.10. ALTERNATIVES: Four alternatives are offered: 1. Do Nothing - Submit written notice to FEMA of the City intent not to certify the Salt Flat's Levee System and adjacent concrete floodwall as a flood control structure. 2. New Flood Protection System - Submit written notice to FEMA of City intent not to certify the Salt Flat's Levee System and adjacent concrete floodwall as a flood control structures but proceed to investigate the design requirements of a new flood protection system for the downtown area. Construction costs of investigated improvements of this new flood protection system are unknown at this time, but are anticipated to be significant. 3. Enter into the PAL Agreement -. Submit written notice of City intent to enter into a PAL Agreement with FEMA. With this notice in effect, the future revised draft FIRM's would show the levee as a PAL upon release. Over the next 24 -month period, notice is given to our community that Salt Flats Levee and concrete floodwall levee certification verification is underway. It is anticipated that recertification verification may require some reconstruction /enhancements of the existing levee system infrastructure. 4. Enter into the PAL Agreement and Improve Coastal Structures - Submit written notice of City intent to enter into a PAL Agreement with FEMA, and proceed to consider future improvements to the Corpus Christi Flood Projection System, with emphasis on assessment of improvements to coastal structure and the seawall system to mitigate for wave action. Costs of improvements associated C\ PROGRAMFILES \GRANICUS \LEGISTAR5 \ PACKET \961 CITY COUNCIL 6 12 2012 \0038 1 A96FD7B4- E1C0 -46C8 -AC54- OEDBCD425E99.DOCX with requisite improvements to the coastal structures including seawall wave action are unknown, but are considered to be significant. OTHER CONSIDERATIONS: If the City enters into a PAL Agreement, the upcoming revised draft FIRM's, levees will be labeled as PAL's during the 24 -month period to notify map users that levee certification verification is underway. FEMA requires that documentation for certification of the levee system meeting 44 CFR 65.10 be provided by May 29, 2014. Failure to recertify the Levee system could limit the City's future opportunity to positively influence flood insurance rates in our community if the City would later make improvements to the flood coastal structures or other components of the flood protection system. Future infrastructure improvements to minimize the wave run -up along the seawall could reduce flood insurance rates in conjunction with levee and concrete flood wall certification. CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Storm Water Department Development Services Planning Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $0.00 $0.00 BALANCE Fund(s): N/A Comments: Urban Engineering is currently under contract to develop a Levee Certification C\ PROGRAMFILES \GRANICUS \LEGISTAR5 \ PACKET \961 CITY COUNCIL 6 12 2012 \0038 1 A96FD7B4- E1C0 -46C8 -AC54- OEDBCD425E99.DOCX Guidance Document, as part of the Salt Flats Levee System Improvements. The purpose of this document is to investigate the structural integrity of the existing Salt Flats Levee as well as the impediments to certification of the Flood Protection System. This guidance document will provide alternatives and costs for potential improvements, and provide an action plan for Levee System Certification. Future costs associated with re- certifying the Levee System in accordance with FEMA requirements would be presented to City Council for consideration and possible appropriation of Type A funds. City staff will schedule a workshop(s) with City Council and Type A Board to further address community impacts when FEMA publishes revised updated floodplain maps for public view and comment. FEMA's schedule for publication of updated FIRM's is unknown, but anticipated prior 2012 year end. RECOMMENDATION: City Staff recommends entering into the PAL Agreement with FEMA and proceed with alternative 3. Future wave action mitigation along the Corpus Christi Seawall could follow after anticipated infrastructure requirements of levee system recertification are known. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Letter from FEMA dated March 2, 2012 C\ PROGRAMFILES \GRANICUS \LEGISTAR5 \ PACKET \961 CITY COUNCIL 6 12 2012 \0038 1 A96FD7B4- E1C0- 46C8 -AC54- OEDBCD425E99.DOCX File : \Mproject \councilexhibits \exh3428e.dwg F M 624 6 .NU�c�s �.�y ROAD ���hA CORPUS CHRISTI RAy CCI A McGL01N RD XJ LOCATION MAP NOT TO SCALE Concrete Flood Wall near Corpus Christi Museum of Science and Histor CORPUS C3- (RIS`I7 RA y INTERSTATE 37 PROJECT # 3428 SITE LOCATION NOT TO SCALE SALT FLATS LEVEE SYSTEM CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute a Provisionally Accredited Levee (PAL) Agreement with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Provisionally Accredited Levee (PAL) Agreement, and all related documents, with the Federal Emergency Management Agency (FEMA) for Scenario Al: Levee not in Federal System for the Corpus Christi Flood Protection System. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 051512 reso provisionally accredited levee (pal) agreement (fema) for scenario al Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 051512 reso provisionally accredited levee (pal) agreement (fema) for scenario al March 2, 2012 The Honorable Joe Adame Mayor, City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 U.S. Department of Homeland Security Region VI 800 N. Loop 288 Denton, TX 76209-3698 FEMA RE: Request for Levee System Certification Documentation - Corpus Christi Flood Protection Systein Dear Mayor Adame: The Federal Emergency Management Agency (FEMA) is currently working to prepare Preliminary Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This study will produce Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for the county area. This restudy effort is part of FEMA's Risk Mapping, Assessment, and Planning (Risk MAP) program. As part of the mapping effort, we determined the flood hazard information depicted in the county and incorporated community's current maps and FIS' are based, in some areas, on flood risk reduction structures. The Corpus Christi Flood Protection System in Nueces County reduces the flood hazard risk for communities within its vicinity. The current effective flood maps in Nueces County show the levee as accredited (reducing the flood risk) for a flood that has a one-percent- chance of being equaled or exceeded in any given year (also known as the base flood or 100-year flood). The Corpus Christi Flood Protection System includes an earthen levee on the west side, and a small floodwall on the northeast corner and are subject to levee certification requirements. For FEMA to continue to recognize the Corpus Christi Flood Protection System on the FIRM maps that are currently in production, we will need to receive documentation which meet the requirements of the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10), entitled "Mapping of Areas Protected by Levee Systems." A copy of the regulation can be found at http://www.access.gpo.govinara/cfr/waisidx_02/44cfrv1_02.html. In accordance with 44 CFR 65.10(a), it is the responsibility of the community or other party seeking recognition of a levee system, to certify the levee system provides risk reduction from the base flood by submitting data defined and outlined in the regulation. The remainder of the Corpus Christi Flood Protection System consists of seawall which are considered to be coastal structures, not levees, and do not need to be certified to 44 CFR 65.10. www.fema.gov The Honorable Joe Adame March 2, 2012 Page 2 In order to comply with this request, there are three options your community may pursue: 1. Submit all required documentation to fully comply with 44 CFR 65.10 If your community or levee owner has all of the documentation necessary to satisfy the requirements of 44 CFR 65.10, please submit the data to the FEMA Region 6 Office within 30 days. This documentation should include an existing operation and maintenance plan, and record of an on-site inspection by a registered professional engineer. Upon receipt of your submittal, FEMA will perform a completeness review of the data received and determine the levee's accreditation status. A fact sheet with additional information on the required documentation for a complete certification package is enclosed for your reference. 2. Submit documentation identifying your intent to NOT certify the flood control structure If your community or the levee owner does not intend to, or is aware of a deficiency which may preclude the levee or flood control structure from certification in compliance with 44 CFR 65.10, please submit a letter to the FEMA Region 6 Office within 30 clays to document this decision. Sign a Provisionally Accredited Levee (PAL) agreement FEMA understands it inay take time to acquire and/or assemble the documentation necessary to fully comply with 44 CFR 65.10. Therefore, FEMA developed a process to provide additional time to allow communities to collect the required documentation for certification of the levee system. This process is known as the Provisionally Accredited Levee (PAL) procedure. The PAL approach is only available for maintained levees with no known deficiencies. If you would like to pursue this option please contact the FEMA Region 6 Office to enter into this agreement. A fact sheet with additional information on the PAL agreement is enclosed for your reference. Initiation of this process can take place only if you, the community/levee owner, sign and return the enclosed PAL agreement within 90 days of the date of this letter before May 29, 2012. Levees will be labeled as PALs during the 24-month period to convey to map users that levee certification verification is underway. FEMA recommends that you, the levee owner, implement outreach efforts to inform affected property owners that an assessment of the levee is underway. FEMA also encourages the purchase of flood insurance, even though coverage is not federally required for the areas landward of the levee. If you endorse the enclosed PAL agreement but are unable to submit all the documentation necessary to meet the requirements of 44 CFR 65.10 before May 29, 2014. FEMA will de- accredit the levee and initiate a map revision to re-designate certain areas on the landward side of the levee as flood prone. The Honorable Joe Ada.me March 2, 2012 Page 3 If FEMA does not receive any documentation to assist us in the determining a flood risk reduction structure's accreditation status, FEMA will proceed with the study and deem the flood risk reduction structure as de-accredited. The exact impact to the FIRM is unknown at this time, however, FEMA will analyze and model the levee system as de-accredited and determine flood hazard risk on the landward side of the levee system(s). The results of the analysis will identify the appropriate flood hazard area subject to flooding during the one-percent-annual-chance flood. We request you notify the FEMA Region 6 office within 30 days as to which of the above options your community is planning to pursue. This notification allows FEMA to continue progress on the flood hazard analysis being performed in your county and identifies the required information for FEMA to determine how the flood risk reduction structure should be analyzed. If you have questions regarding the specific submittal requirements, please contact Larry Voice, at the FEMA Region 6 Office either by telephone at (940) 898-5419 or by e-mail at Larry . V oi ce@fema.dhs. goy. Once the revisions to the maps are complete, your community will receive updated flood hazard maps and are encouraged to review and engage with FEMA during the post-preliminary phase of the countywide mapping effort. Community comments should be submitted during the formal appeal and protest period. It is FEMA's objective to work with local community officials, local levee districts, county flood protection staff, and Floodplain Administrators from the beginning of this update through the issuance of the effective map. We look forward to working with you and your community officials to address this important matter. If there is anything we can do to facilitate the submittal process, please let us know, Sincerely, iFrank Pagano Mitigation Division Director Enclosures: Levee Location Map PAL Certification Agreement Procedure Memorandum No. 34 Procedure Memorandum No. 43 44 CFR 65.10 FEMA Fact Sheet-Meeting the Criteria for Accrediting Levees on Flood Maps FEMA Fact Sheet-The NFIP and Levees FEMA Fact Sheet-Provisionally Accredited Levees cc: Ronald Olson, City Manager, City of Corpus Christi Dan McGinn, Floodplain Manager, City of Corpus Christi The Honorable Loyd Neal, County Judge, Nueces County The Honorable Joe Adame March 2, 2012 Page 4 Danielle Hale, Emergency Management Director, FPA, Nueces County (without attachments) Kay Bailey Hutchison, U.S. Senator John Cornyn, U.S. Senator Blake Farenthold, U.S. Representative Juan "Chuy" Hinojosa, State Senator Connie Scott, State Representative Michael Sterling, USACE, Galveston District Michael Segner, State NFIP Coordinator Rigel Rucker, Study Manager, RAMPP Surya Ravulaparthy, Michael Baker Jr., Inc. Stephen Altman, RAMPP-RSC6 Nueces County, Texas - Corpus Christi Flood Protection System Nueces County Texas Locator Map 101•0+ Seawall Floodwall ammimilm Earthen Levee " Roads Nueces County (Unincorporated Areas) requires certification N 0.350.175 0 0.35 Miles F*Muery 14. 2Q12 PC:Sii$C 96VLScfi_Poa1ATX1NwcesitevesVAaFs PAL AGREEMENT, SCENARIO Al: LEVEE NOT IN FEDERAL SYSTEM Letter of Agreement and Request for Provisionally Accredited Levee (PAL) Designation and Agreement to Provide Adequate Compliance with the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10) We, the undersigned, have received the letter from Federal Emergency Management Agency (FEMA) dated March 2, 2012, and the enclosed document entitled "Requirements of 44 CFR 65.10." We understand that FEMA is in the process of providing an updated flood map, termed a Flood Insurance Rate Map (FIRM), for Nueces County, Texas and that the area behind the levee known as Corpus Christi Flood Protection System will be remapped to reflect that the levee has been designated as a PAL. To the best of our knowledge, the levee known as Corpus Christi Flood Protection System meets the requirements of 44 CFR 65.10 and has been maintained in accordance with an adopted operation and maintenance plan as evidenced by the attached plan and records of levee maintenance and operation, as well as tests of the mechanized interior drainage systems, if applicable. We hereby submit to FEMA, within 90 days (before May 29, 2012) our agreement to provide FEMA with necessary data and documentation to show that the levee known as Corpus Christi Flood Protection System complies with 44 CFR 65.10. We understand that the data and documentation will be required before May 29, 2014. This information will allow FEMA to move forward with the FIRM for Nueces County, Texas. We fully understand that if complete data and documentation to comply with 44 CFR 65.10 are not provided within the designated timeframe of 24 months, FEMA will initiate a revision to the FIRM to redesignate the areas as Special Flood Hazard Area, the area subject to inundation by the base (1-percent-annual-chance) flood. Levee Owner Representative (signature) (print) Date: Community CEO (signature (print) Date: Other (if applicable) (signature) (print) Date: Attachments - Operation and Maintenance Plan and Records To be provided at later date. Test Records of Mechanized Interior Drainage System To be provided at later date. ME 0 FROM: Federal Emergency Management Agency Washington, D.C. 20472 August 22, 2005 FOR: Regional Directors Regions I - X David L Maurstad, Acting Director Mitigation Division SUBJECT: Procedure Memorandum 34 — Interim Guidance for Studies Including Levees Background: Throughout the United States, levees protect numerous communities and large expanses of agricultural land from floods. Their importance in mitigating flood hazards and their relevance to the National Flood Insurance Program (NM') are indisputable. However, riverine and coastal levees, in the aggregate, stretch for tens of thousands of miles, and information on their location, structural integrity, and certification often is outdated or missing altogether. Issue: To address this challenge, a Levee Coordination Committee—including representatives from FEMA, other Federal agencies, and States—is examining current levee regulations and assisting in the development of a long-term policy that protects citizens and property, while accommodating the needs of the NFIP. This memorandum helps to clarify the entities responsible for providing information on levees identified during a mapping project. Action Taken: Until the new policy is developed, this memo provides interim guidance to minimize delays in near-term mapping studies. The attached flow chart supplements FEMA's procedure memorandums 30 and 32. This information is in conformance with Section 65.10 of the NFIP regulations. Supplement to Procedure Memo 30—FEMA Levee Inventory System. Mapping partners CTPs, IDIQs, OFAs, etc. -- should continue providing information about levees located in or adjacent to study areas. Information should be provided via the FEMA Levee Inventory System (FLIS) according to Procedure Memorandum 30 and the instructions available on the 1-LIS Web site located at http://flis.pbsjdfirm.com. The FLIS will be accessed via the MIP after release 3.0. Levee coordinates should be gathered at a level of detail consistent with GIS accuracy and digital Flood Insurance Rate Map (FIRM) standards. Mapping partners who do not already have access to the FLIS can contact the National Service Provider at (703) 960-8800. tkugust 22, 2005 Page 2 of 2 — Procedure Memorandum 34 Supplement to Procedure Memo 32 Levee Review Protocol. 'fhe protocol for levee reviews, particularly the details provided in Table 1 of Procedure Memorandum 32, is revised according to the attached flow chart. Identification of Levees It is critical that all levees within the scope of the mapping project be identified early in the mapping project, ideally no later than the scoping meeting The role of all mapping partners, including coordination with the State and other Federal partners (e.g., U.S. Army Corps of Engineers), related to review of levee certification should be clearly identified as part of the scoping process. When levees are identified at the scoping meeting the community must be informed of the data requirements for FEMA to recognize a levee as providing protection from the 1-percent-annual-chance flood (base flood) on the FIRM. In accordance with 44 CFR Section 65.10(a), it is the responsibility of the community or other party seeking recognition of a levee system at the time of a flood risk study or restudy to provide the data outlined in 44 CFR Section 65.10. FEMA will not be conducting detailed examinations of levees to determine how a structure or system will perform in a flood event. In addition, the community or party seeking recognition should be provided with a deadline for submitting the data and informed that if the data are not submitted by the deadline, the levee cannot be recognized as providing protection from the base flood as part of the current mapping effort. However, a revision could be initiated once data are available. Early identification of levees allows the mapping partner to outline to the community, or party seeking recognition, their responsibilities and FEMA's expectations to minimize study delays. In order to aid our mapping partners in properly assessing how to handle levee mapping issues, we have generated the below flowchart. cc: See Distribution List Distribution List (electronic distribution only): Office of the Mitigation Division Director Risk Assessment Branch Risk Identification Branch Flood Insurance and Mitigation Divisions in FEMA Regional Offices Office of Legislative Affairs Office of General Counsel National Service Provider Systems Engineering and Technical Assistance Contractor Map Service Center .4:tvz._.-.F-P_ End 0 been adequately maintained? FE End Nob: Numbers shown for reference purposes only Indicates community coordination point nterim Guidance for Studies Including Levees Map as providing protection Nob: Numbers shown for reference purposes only Indicates community coordination point nterim Guidance for Studies Including Levees U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 FEMA March 16, 2007 (Originally Issued on September 25, 2006) MEMORANDUM FOR: Mitigation Division Directors Regions I - X FROM: David 1. rstad Director Mitigation Division SUBJECT: Revised Procedure Memorandum No. 43 - Guidelines for Identifying Provisionally Accredited Levees Background: Early in the implementation of Flood Map Modernization (Map Mod), the Department of Homeland Security's Federal Emergency Management Agency (FEMA) recognized that the role of levees in flood risk reduction would be an important part of the efforts of Map Mod. Further, it was acknowledged that the condition of levees had not been assessed since they were originally mapped as providing base (1-percent-annual-chance) flood protection. Because of this, FEMA initiated a revised process to gain a better understanding of the actual flood risks for those citizens living and working behind levees nationwide. On August 22, 2005, FEMA issued Procedure Memorandum No. 34 - Interim Guidance for Studies Including Levees. The purpose of the memorandum was to help clarify the responsibility of community officials or other parties seeking recognition of a levee by providing information identified during a study/mapping project. Often, documentation regarding levee design, accreditation, and the impacts on flood hazard mapping is outdated or missing altogether. To remedy this, Procedure Memorandum No. 34 provides interim guidance on procedures to minimize delays in near-term studies/mapping projects, to help our mapping partners properly assess how to handle levee mapping issues. Issue: Levee owners or communities have the responsibility to provide documentation that a levee meets the requirements of Title 44 of the Code of Federal Regulations, Section 65.10 of the National Flood Insurance Program regulations (44 CFR Section 65.10), as part of a study/mapping project. Without the required documentation necessary to comply with 44 CFR Section 65.10, the area behind the levee will be re-delineated and mapped as Special Flood Hazard Area on the Digital Flood Insurance Rate Map (DFIRM). Procedure Memorandum No. 34 allows for the issuance of a deadline to the community for submitting the required documentation. www.fema.gov Page 2 of 4 Revised Procedure Memorandum No. 43 While 44 CFR Section 65.10 documentation is being compiled, the release of more up-to-date DFIRM panels for other parts of a community or county may be delayed. To minimize the impact on the Map Mod goals of mapping areas landward of levees, mapping partners should be provided with guidance that will allow preliminary and effective DFIRMs to be issued while the levee owner or community is given a reasonable amount of time to compile and submit data and documentation to show compliance with the requirements of 44 CFR Section 65.10. Guidance should also be provided to the mapping partners that allows, in specific situations, the preliminary DFIRM to be issued while providing the communities and levee owners with a specified timeframe to show compliance with 44 CFR Section 65.10 by correcting any maintenance deficiencies associated with the levee. Action Taken: To minimize the impact of the levee recognition and certification process on Map Mod goals, guidelines have been developed that will allow mapping partners to issue preliminary and effective versions of DFIRMs while the levee owners or communities are compiling the full documentation required to show compliance with 44 CFR Section 65.10. The guidelines also explain that mapping partners can issue preliminary DFIRMs while providing the communities and levee owners with a specified timeframe to correct any maintenance deficiencies associated with a levee to and show compliance with 44 CFR Section 65.10. These guidelines are summarized in the attached document entitled "Guidelines for Identifying Provisionally Accredited Levees (PALs)." The attached document describes the criteria for five scenarios intended to determine when a levee does or does not qualify for the PAL designation. FEMA has established a specified timeframe in which the community or levee owner may use to fulfill the remaining requirements for 44 CFR Section 65.10 before the levee is shown on the DFIRM as not providing base flood protection. The attached guidance also describes an additional process for maintenance deficient levees that do not currently qualify for the PAL designation. FEMA has established a separate specified timeframe for these levees, which allows the community or levee owner time to correct any maintenance deficiencies associated with a levee. If the levee qualifies for the PAL designation, FEMA will provide the community 90 days to sign and return an agreement indicating that the full documentation for 44 CFR Section 65.10 will be provided within 24 months of the signed agreement. If the signed agreement is not returned to FEMA within 90 days, or if the levee does not meet the PAL requirements (except for the maintenance deficient levees), the community is no longer eligible for the PAL designation, and the area landward of the levee will be remapped as Zone AE or Zone A, depending on the type of study performed for the area. For levees that are included in the U.S. Army Corps of Engineers (USACE) Federal Program, FEMA will actively coordinate with the appropriate USACE district to determine which projects do not provide protection from the base flood. In a collaborative effort, existing data or project-specific information will be evaluated to identify and validate non-accredited levees in the USACE's inventory. As part of the USACE's recent survey of their levee inventory, levee projects have been identified to be no longer eligible for Public Law (PL) 84-99 rehabilitation assistance, based on the project's last inspection. However, many of these levee projects have been identified to Page 3 of 4 Revised Procedure Memorandum No. 43 be eligible for a one-time-only "maintenance deficiency correction period," established to allow public sponsors/levee owners to correct levee maintenance deficiencies before the levee is placed in an inactive status in the USACE Rehabilitation & Inspection Program and becomes ineligible for PL 84-99 rehabilitation assistance. The USACE has developed a written notification process to inform communities or levee owners of this status after it has coordinated with FEMA. Copies of the USACE notification letter will be provided to FEMA. If a community or levee owner receives this notification letter, the area landward of the identified levee will be mapped as Zone AE or Zone A, as appropriate. Effective on the date of this Procedure Memorandum, levees that meet the PAL requirement (levees presently shown as providing base flood protection on the effective FIRM), for which the community or levee owner cannot readily provide full documentation of 44 CFR Section 65.10, will be identified on the FIRM with a map note. This note, placed landward of the levee, will indicate that the levee is provisionally accredited and any existing Zone X (shaded) area is provisional. If there is no existing Zone X (shaded) area on the effective FIRM, then the mapping partner should define the provisional Zone X (shaded) area using the best available data. Specific procedures and guidance for evaluating and mapping levees is provided in Appendix H of Guidelines and Specifications for Flood Hazard Mapping Partners. The following note must be applied at several locations, point to the levee, and be placed landward of the levee in or near the Zone X (shaded) area: WARNING: Provisionally Accredited Levee. For explanation, see the Notes to Users. The applicable Note to Users would read as follows: WARNING: This levee, dike, or other structure has been provisionally accredited and mapped as providing protection from the I-percent-annual-chance flood. To maintain accreditation, the levee owner or community is required to submit documentation necessary to comply with 44 CFR Section 65.10 by ( , ). Because of the risk of overtopping or failure of the structure, communities should take proper precautions to protect lives and minimize damages in these areas, such as issuing an evacuation plan and encouraging property owners to purchase flood insurance. The five scenarios for determining whether the levee qualifies for the PAL designation are described in the attachment. The document also summarizes the process for coordinating with community officials and others to acquire the appropriate levee documentation, while moving forward with the production of countywide mapping for communities with levees. Attachment Guidelines for Identifying Provisionally Accredited Levees (PALs) Page 4 of 4 Revised Procedure Memorandum No. 43 cc: See Distribution List Distribution List (electronic distribution only): Directors, Regions I - X Office of the Mitigation Division Director Risk Analysis Branch Risk Reduction Branch Risk Insurance Branch Federal Insurance and Mitigation Divisions in FEMA Regional Offices Office of Legislative Affairs Office of General Counsel National Service Provider Independent Verification and Validation Contractor Map Service Center Indefinite Delivery Indefinite Quantity Contractors Cooperating Technical Partners §65.10 a reissuance or revision of the flood in- surance study or maps and will be de- ferred until such time as a significant change occurs; (f) An additional 90 days is required to evaluate the scientific or technical data submitted; or (g) Additional data are required to support the revision request. (h) The required payment late not been submitted in accordance with 44 CFR part 72, no review will be COD- ducted and no determination will be issued until payment is received. (51 FR 30315, Aug. 25, 1986; 61 FR 46331, Aug. 30, 1996, as amended at 62 FR 5736, Feb 6, 1997] § 65.10 Mapping of areas protected by levee systems. (a) General. For purposes of the NFIP, FEMA will only recognize in its flood hazard and risk mapping effort, those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with the level of protection sought through the comprehensive flood plain management criteria estab- lished by §60,3 of this subchapter. Ac- cordingly, this section describes the types of information FEMA needs to recognize, on NFIP maps, that a levee system provides protection from the base flood. This information must be supplied to FEMA by the community or other party seeking recognition of such a levee system at the time a flood risk study or restudy is conducted, when a map revision under the provi- sions of part 65 of this subchapter is sought based on a levee system, and upon request by the Administrator dur- ing the review of previously recognized structures. The FEMA review will be for the sole purpose of establishing ap- propriate risk zone determinations for NFIP maps and shall not constitute a determination by FEMA as to how a structure or system will perform in a flood event. (b) Design criteria, For levees to be recognized by FEMA, evidence that adequate design and operation and maintenance systems are in place to provide reasonable assurance that pro- tection from the base flood exists must be provided. The following require- ments must be met: 44 CFR Ch. 1 (10-1-02 Edilion) (1) Freeboard. (1) Riverine levees must provide a minimum freeboard of three feet above the water-surface level of the base flood. An additional one foot above the minimum is required within 100 feet in either side of structures (such as bridges) riverward of the levee or wherever the flow is constricted. An additional one-half foot above the min- imum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. (ii) Occasionally, exceptions to the minimum rlverine freeboard require- ment described in paragraph (b)(1)(i) of this section, may be approved. Appro- priate engineering analyses dem- omairating adequate protection with a lesser freeboard must be submitted to support a request for such an excep- tion. The material presented must evaluate the uncertainty in the esti- mated base flood elevation profile and include, but not necessarily be limited to an assessment of statistical con- fidence limits of the 100-year discharge; changes in stage-discharge relation- ships; and the sources, potential, and magnitude of debris, sediment, and ice accumulation. It must be also shown that the levee will remain structurally stable during the base flood when such additional loading considerations are Imposed. Under no circumstances will freeboard of less than two feet be ac- cepted. (iii) For coastal levees, the freeboard must be established at one foot above the height of the one percent wave or the inaximum wave runup (whichever is greater) associated with the 100-year stillwater surge elevation at the site. (iv) Occasionally, exceptions to the minimum coastal levee freeboard re- quirement described in paragraph (b)(1)(iii) of this section, may be ap- proved. Appropriate engineering anal- yses demonstrating adequate protec- tion with a lesser freeboard must be submitted to support a request for such an exception. The material presented must evaluate the uncertainty in the estimated base flood loading condi- tions. Particular emphasis must be placed on the effects of wave attack and overtopping on the stability of the levee. Under no circumstances, how- ever, will a freeboard of less than two 346 Federal Emergency Management Agency § 65.10 feet above the 100 -year stillwater surge elevation be accepted. (2) Closures. All openings must be pro- vided with closure devices that are structural parts of the system during operation and design according to sound engineering practice. (3) Embankment protection. Engineer- ing analyses must be submitted that demonstrate that no appreciable ero- sion of the levee embankment can be expected during the base flood, as are- sult of either currents or waves, and that anticipated' erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The factors to be addressed in such analyses in- clude, but are not limited to: Expected flow velocities (especially in con- stricted areas); expected wind and wave action; ice loading; impact of debris; slope protection, techniques; duration of flooding at various stages and ve- locities; embankment and foundation materials; levee alignment, bends, and transitions; and levee side slopes. (4) Embankment and foundation sta- bility. Engineering analyses that evalu- ate levee embankment stability must be submitted. The analyses provided shall evaluate expected seepage during loading conditions associated with the base flood and shall demonstrate that seepage into or through the levee foun- dation and embankment will not jeop- ardize embankment or foundation sta- bility. An alternative analysis dem- onstrating that the levee is designed and constructed' for stability ,against loading conditions for Case IV as de- fined in the U.S." Army Corps of Engi- neers (COE) manual, "Design and Con- struction of Levees" (EM 1110 -2 -1913, Chapter 6, Section II),' may be used. The factors that shall be addressed in the analyses include: Depth of flooding, duration of flooding, embankment ge- ometry and length of seepage path at critical locations, embankment and foundation materials, embankment compaction, penetrations, other design factors affecting seepage (such as drainage layers), and other design fac- tors affecting embankment and founda- tion stability (such as berms). (5) Settlement. Engineering analyses must be submitted that assess the po- tential and magnitude of future losses of freeboard as a result of levee settle- it and demonstrate that freeboard will be maintained within the min- imum standards set forth in paragraph (b)(1) of this section. This analysis must address embanktent loads, com- pressibility of embankment soils, com- pressibility of foundation soils, age of the levee system, and construction compaction methods, In addition, de- tailed settlement analysis using proce- dures such as those described in the COE manual. "Soil Mechanics Design — Settlement Analysis" (EM 1100 -2 -1904) must be submitted. (6) Interior drainage. An analysis must be submitted that identifies the source(s) of such flooding, the extent of the flooded area, and, if the average depth is greater than one foot, the water - surface elevation(s) of the base flood. This analysis must be based on the joint probability of interior and ex- terior flooding and the capacity of fa- cilities (such as drainage lines and pumps) for evacuating' interior flood- waters, (7) Other' design criteria. In unique sit- uations, such as those where the levee system has relatively high vulner- ability, FEMA may require that other design criteria and analyses be sub- mitted to show that the levees provide adequate protection. In such situa- tions, sound engineering practice will be the standard on which FEMA will base its determinations." FEMA will also provide' the rationale for requiring this additional information. (c) Operation plans and criteria. For a levee system to be recognized, the operational criteria must be as de- scribed below. All closure devices or mechanical systems for internal drain- age, whether manual or automatic, must be operated in accordance with an officially adopted operation manual, a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or when the manual for a pre- viously recognized system is revised in any manner. All operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP. 347 §65.11 (1) Closures. Operation plans for clo- sures must include the following: (1) Documentation of the flood warn- ing system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time ex- ists for the completed operation of all closure structures, including necessary sealing, before floodwaters reach the base of the closure. (it) A formal plan of operation in- cluding specific Fictions and assign- ments of responsibility by individual name or title. (iii) Provisions for periodic oper- ation, at not less than one-year inter- vals, of the closure structure for test- ing and training purposes. (2) Interior drainage systems. Interior drainage systems associated with levee systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. These drainage systems will be recognized by FEMA on NFIP maps for flood protection pur- posen only if the following minimum criteria are included in the operation plan: (i) Documentation of the flood warn- ing system, under the jurisdiction of Federal, State, or community officials, that will be ueed to trigger emergency operation activities and demonstration that sufficient flood warning time ex- ists to permit activation of mechanized portions of the drainage system. (ii) A formal plan of operation in- cluding specific actions and assign- ments of responsibility by individual name or title. (iii) Provision for manual backup for the activation of automatic systems. (iv) Provisions for periodic inspection of interior drainage systems and peri- odic operation of any mechanized por- tions for testing and training purposes. No more than one year shall elapse be- tween either the inspections or the op- erations. (3) Other operation plans and criteria. Other operating plans and criteria may be required by FEMA to ensure that adequate protection is provided in spe- cific situations. In such cases, sound emergency management practice will be the standard upon which FEMA de- terminations will be based. 44 CFR Ch. 1 (10-1-02 Edition) (d) Maintenance plans and criteria. For levee systems to he recognized as pro- viding protection from the base flood, the maintenance criteria. must be as described herein. Levee systems must be maintained in accordance with an officially adopted maintenance plan, and a copy of this plan must be pro- vided to FEMA by the owner of the levee system when recognition is being sought or when the plan for a pre- viously recognized system is revised in any manner. All maintenance activi- ties must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP that must assume ulti- mate responsibility for maintenance. This plan must document the formal procedure that ensures that the sta- bility, height, and overall integrity of the levee and its associated structures and systems are maintained. At a min- imum, maintenance plans shall specify the maintenance activities to be per- formed, the frequency of their perform- ance, and the person by name or title responsible for their performance. (e) Certification requirements. Data submitted to support that a given levee system complies with the structural requirements set forth in paragraphs (b)(1) through (7) of this section must be certified by a registered professional engineer. Also, certified as-built plans of the levee must be submitted. Certifi- cations are subject to the definition given at §65.2 of this subchapter. In lieu of these structural requirements, a Federal agency with responsibility for levee design may certify that the levee has been adequately designed and con- structed to provide protection against the base flood. [51 FR 30316, Aug. 25, 1986l *65.11 Evaluation of sand dunes in mapping coastal flood hazard areas. (a) General conditions. For purposes of the NFIP, FEMA will consider storm- induced dune erosion potential in its determination of coastal flood hazards and risk 'napping efforts, The criterion to be used in the evaluation of dune erosion will apply to primary frontal dunes as defined in §59.1, but does not 348 FACT SHEET LEVEES l[)EN t sty‘ t Requirements for Mapping Levees C - , As part of a mapping project, it is the levee owner's or community's responsibility to provide data and documentation to show that a levee meets the requirements of Section 65.10 of the National Flood Insurance Program (NFIP) regulations. Links to Section 65.10 and many other documents are available on FEMA's Web site at www.ierna,govfp1anIjnLhrn/jyJpin.shtni. The FEMA requirements in Section 65.1() are separated into five categories: 1. General criteria; 2. Design criteria; 3. Operations plans and criteria; 4. Maintenance plans and criteria; and 5. Certification requirements. The requirements for each of these areas are summarized below. (A) GENERAL CRITERIA For purposes Of the NM', FEMA will only recognize in its flood hazard and risk mapping effort those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with thc level of protection sought through the comprehensive floodplain management criteria established by Section 60.3 of the NFIP regulations. Section 65.10 of the NFIP regulations describes the types of information FEMA needs to recognize, on 'NEW maps, that a levee system provides protection from the flood that has a 1-percent chance of being equaled or exceeded in any give year (base flood). This information must be supplied to FEMA by the community or other party seeking recognition of a levee system at the time a study or restudy is conducted, when a map revision under the provisions of Part 65 of the NFIP regulations is sought based on a levee system, and upon request by the Administrator during the review of previously recognized structures. The FEMA review is for the sole purpose of establishing appropriate risk zone determinations for NFIP inaps and does not constitute a determination by FEMA as to how a structure or system will perfonn in a flood event. (B) DESIGN CRITERIA For the purposes of the NFIP, FEMA has established levee design criteria for freeboard, closures, embankment protection, embankment and foundation stability, settlement, interior drainage, and other design criteria. These criteria are summarized in subsections below. (B)(1) FREEBOARD For riverine levees: A minimum freeboard of 3 feet above the water-surface level of the base flood must be provided. An additional I foot above the minimum is required within 100 feet on either side of structures (e.g., bridges) riverward of the levee or wherever the flow is constricted. FEMA November 2008 PAGE 1 An additional 0.5 foot above the minimum at the upstream end of the levee, tapering to not less than the minimum at the downstream end of the levee, is also required. Exceptions to the mi nimum riverine freeboard requirements above may be approved if the following criteria are met: Appropriate engineering analyses demonstrating adequate protection with a lesser freeboard must be submitted. • The material presented must evaluate the uncertainty in the estimated base flood elevation profile and include, but not necessarily be limited to: o An assessment of statistical confidence limits of the I -percent-annual-chance discharge; o Changes in stage-discharge relationships; and o Sources, potential, and magnitude of debris, sediment, and ice accumulation. • It must be also shown that the levee will remain structurally stable during the base flood when such additional loading considerations are imposed. Under no circumstances will freeboard of less than 2 feet be accepted. For coastal levees, the freeboard must be established at 1 foot above the height of the 1 -percent-annual-chance wave or the maximum wave runup (whichever is greater) associated with the 1-percent-annual-chance stillwater surge elevation at the site. Exceptions to the minimum coastal freeboard requirements above may be approved if the following criteria are met: Appropriate engineering analyses demonstrating adequate protection with a lesser freeboard must be submitted. • The material presented must evaluate the uncertainty in the estimated base flood loading conditions. Particular emphasis must be placed on the effects of wave attack and overtopping on the stability of the levee. Under no circumstances will a freeboard of less than 2 feet above the 1-pereent-annual-ehance stillwater surge elevation be accepted. (BX2) CLOSURES The levee closure requirement is that all openings must be provided with closure devices that are structural parts of the system during operation and design according to sound engineering practice. (BX3) EMBANKMENT PROTECTION Engineering analyses must be submitted to demonstrate that no appreciable erosion of the levee embankment can be expected during the base flood, as a result of either currents or waves, and that anticipated erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The factors to be addressed in such analyses include, but are not limited to: • Expected flow velocities (especially in constricted areas); • Expected wind and wave action; November 2008 PAGE 2 Yt-140.- s, • Ice loading; • Impact of debris; • Slope protection techniques; • Duration of flooding at various stages and velocities; • Embankment and foundation materials; • Levee alignment, bends, and transitions; and • Levee side slopes. (B)(4) EMBANKMENT AND FOUNDATION STABILITY Engineering analyses that evaluate levee embankment stability must be submitted. The analyses provided shall evaluate expected seepage during loading conditions associated with the base flood and shall demonstrate that seepage into or through the levee foundation and embankment will not jeopardize embankment or foundation stability. An alternative analysis demonstrating that the levee is designed and constructed for stability against loading conditions for Case IV as defined in U.S. Army Corps of Engineers (USACE) Engineering Manual 1110-2-1913, Chapter 6, Section II, may be used. The factors that shall be addressed in the analyses include: • Depth of flooding; • Duration of flooding; Embankment geometry and length of seepage path at critical locations; • Embankment and foundation materials; • Embankment compaction; • Penetrations; • Other design factors affecting seepage (e.g., drainage layers); and Other design factors affecting embankment and foundation stability (e.g., berms). (B)(5) SETTLEMENT Engineering analyses must be submitted that assess the potential and magnitude of future losses of freeboard as a result of levee settlement and demonstrate that freeboard will be maintained within the minimum freeboard standards set forth in B(1). This analysis must address: • Embankment loads, • Compressibility of embankment soils, • Compressibility of foundation soils, November PAGE 3 Age of the levee system, and Construction compaction methods. A detailed settlement analysis using procedures such as those described in USACE Engineering Manual EM 1110-1-1904 must be submitted. (B)(6) INTERIOR DRAINAGE An analysis must be submitted that identifies the source(s) of such flooding; the extent of the flooded area; and, if the average depth is greater than 1 foot, the water-surface elevation(s) of the base flood. This analysis must be based on the joint probability of interior and exterior flooding and the capacity of facilities (such as drainage lines and pumps) for evacuating interior floodwaters. Interior drainage systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. For areas of interior drainage that have average depths greater than 1 foot, mapping must be provided depicting the extents of the interior flooding, along with supporting documentation. (B)(7) OTHER DESIGN CRITERIA In unique situations, such as those where the levee system has relatively high vulnerability, FEMA may require that other design criteria and analyses be submitted to show that the levees provide adequate protection. In such situations, sound engineering practice will be the standard on which FEMA will base its determinations. FEMA also will provide the rationale for requiring this additional information. (C) OPERATIONS PLANS AND CRITERIA For a levee system to be recognized, the operational criteria must be as described below. All closure devices or mechanical systems for internal drainage, whether manual or automatic, must be operated in accordance with an officially adopted operation manual, a copy of which must be provided to FEMA by the operator when levee or drainage system recognition is being sought or when the manual for a previously recognized system is revised in any manner. All operations must be under the jurisdiction of a Federal or State agency, an agency created by Federal or State law, or an agency of a community participating in the NFIP. (C)(1) CLOSURES Operation plans for closures must include the following: • Documentation of the flood warning system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time exists for the completed operation of all closure structures, including necessary sealing, before floodwaters reach the base of the closure; • A formal plan of operation, including specific actions and assignments of responsibility by individual name or title; and • Provisions for periodic operation, at not less than 1-year intervals, of the closure ructure(s) for testing and training purposes. November 2008 PAGE 4 (C)(2) INTERIOR DRAINAGE SYSTEMS Interior drainage systems associated with levee systems usually include storage areas, gravity outlets, pumping stations, or a combination thereof. FEMA will recognize these drainage systems on NEW maps for flood protection purposes only if the following minimum criteria are included in the operation plan: Documentation of the flood warning system, under the jurisdiction of Federal, State, or community officials, that will be used to trigger emergency operation activities and demonstration that sufficient flood warning time exists to permit activation of mechanized portions of the drainage system; • A formal plan of operation, including specific actions and assignments of responsibility by individual name or title; Provision for manual backup for the activation of automatic systems; and • Provisions for periodic inspection of interior drainage systems and periodic operation of any mechanized portions for testing and training purposes; no more than 1 year shall elapse between either the inspections or the operations. (C)(3) OTHER OPERATION PLANS AND CRITERIA FEMA may require other operating plans and criteria to ensure that adequate protection is provided in specific situations. In such cases, sound emergency management practice will be the standard upon which FEMA determinations will be based. (A) MAINTENANCE PLANS AND CRITERIA For levee systems to be recognized as providing protection from the base flood, the following maintenance criteria must be met: Levee systems must be maintained in accordance with an officially adopted maintenance plan, and a copy of this plan must be provided to FEMA by the owner of the levee system when recognition is being sought or when the plan for a previously recognized system is revised in any manner. All maintenance activities must be under the jurisdiction of a(n): o Federal or State agency; o Agency created by Federal or State law; or o Agency of a community participating in the NFIP that must assume ultimate responsibility for maintenance. The maintenance plan must document the formal procedure that ensures that the stability, height, and overall integrity of the levee and its ; ;‘sociated structures and systems are maintained. At a minimum, the maintenance plan shall specify: o Maintenance activities to be performed; o Frequency of their performance; and o Person by name or title responsible for their performance. November 2008 PAGE 5 (E) CERTIFICATION REQUIREMENTS Data submitted to support that a given levee system complies with the structural requirements set forth in B(1) through B(7) above must be certified by a Registered Professional Engineer. Also, certified as-built plans of the levee must be submitted. Certifications are subject to the definition given in Section 65.2 of the NFIP regulations. In lieu of these structural requirements, a Federal agency with responsibility for levee design may certify that the levee has been adequately designed and constructed to provide protection against the base flood. November 2008 PAGE 6 FEMA Levee Recertification and Provisionaly Accredited Levee (PAL) Agreement Council Presentation May 29, 2012 LOCATION MAP NOTES TO USERS ZONE P£ tdA.P 51101E _ PANEL mac IIFIRM FLOOD INSURANCE IRATE MAP NUECES COU.TN, TEXAS AND ii<ORYOR 11. ;OMAN City of Corpus a Christi PROCESS FINANCIAL CONSIDERATIONS ALTERNATIVES IMPACTS TO FLOOD PLAIN MAPS V 0 c O • 2 . - V 121 PAL Agreemen Com ructure u" Improvements none LOMR PAL PAL with subsequent LOMR Construction FIRM Zone = Costs = $0 AE(9) Cost = TBD $$$$$$ Cost = TBD $$ Cost = TBD $$$$ FIRM Zone = X (flood insurance not required) FIRM Zone = AO(1-3) FIRM Zone = X (flood insurance not required) ZONE AE (EL 19) ZONE," iEL-11) ZONE, AE (EL 10) ,.ZONE` rEL11) ZONE AE (EL 9) ZONE VE ZONE VE EL 12) (EL 13) ZONE AO (DEPTH 3') SFlexLn MAP ILLUSTRATING POTENTIAL NON -ACCREDITED LEVEE SCENARIO PREAK Arnr4u, cm LK: b Fla HAZ_Ar - �u'F`.L Ma are rib eFICKT 20, .. N Shoreline BI m ZONE VE (EL 15) ZONE VE ZONE VE (EL 12) (EL 131 ZONEX ZONE X ZONE VE iEL 15) ZONE AO (DEPTH 2') ZONE X CORPUS CHRISTI BAY "ZONE VE • iEL 13) ZONE VE (EL 127 MAP ILLUSTRATING POTENTIAL ACCREDITED LEVEE SCENARIO co cco ZONEVE (EL 15) ZONE VE (EL 15) CORPUS CHRISTI BAY N Shoreline Blv Without Levee - Zone AE (EL 9') was mapped from landward of the levee at Tuming Basin Tributary to Zone AOs. This scenario assumed that the levee did not provide any protection, and the elevation 9' was the result of coastal flooding coming through the levee from the west. Zone AOs were mapped along the N Shoreline Blvd, and this was the result of wave runup overtopping the seawall in the east. ZONE VE (EL 12) ZONE VE (EL 13) With Levee - Zone AO (Depth 2') and (Depth 3') were mapped from the seawall to the levee. This scenario assumed that the levee did provide protection. However, Zone AOs were mapped as the result of wave runup overtopping the seawall in the east. Corpus Christi Mapping Nueces County, TX FIRM MAP COMPARISON AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Economic Development Corporation (361) 882 -7448 mculbertson@ccredc.com Type A Grant for Little Boeing Blue Inc. dba Motorglobe CAPTION: A) Ordinance appropriating $125,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average salary of at least $50,000 over a five year period, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund to incentivize Motorglobe to locate their national headquarters in Corpus Christi. BACKGROUND AND FINDINGS: Motorglobe is a subsidiary of Trust Dale. Trust Dale is a company founded by Dale Cardwell a former television reporter. He found when doing stories of companies that there were great companies out there. They investigate companies to see if they meet the high level of quality and customer service. They then pay him to advertise them as best in class. He is expanding this to automobile dealers. They would like to locate their national headquarters here in Corpus Christi. They will create 50 jobs with an annual salary of $50,000 per employee. ALTERNATIVES: The company will not invest enough for a tax abatement. The Type A fund is the only incentive that they are eligible for. OTHER CONSIDERATIONS: They are competing internally to set up the headquarters in Corpus Christi instead of Atlanta, Georgia. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi EMERGENCY / NON - EMERGENCY: EMERGENCY DEPARTMENTAL CLEARANCES: Budget Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 125,000 125,000 BALANCE 125,000 125,000 Fund(s): Type A Fund RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a five year Type A agreement with Motorglobe for $125,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Page 1 of 3 Ordinance Appropriating $125,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $125,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Motorglobe for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs. SECTION 2. That Ordinance No. 029155, which adopted the FY 2011 -2012 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $125,000 for a business incentive grant from the Type A Corporation to Motorglobe for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0039 2 bf7a436d- 6708 - 4667- b335- 01c3b5178a5b Joe Adame Mayor Page 2of3 APPROVED: , 2012 Charlotte Yochem Assistant City Attorney For City Attorney 0039 2 bf7a436d- 6708 - 4667- b335- 01c3b5178a5b Page 3 of 3 Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0039 2 bf7a436d- 6708 - 4667- b335- 01c3b5178a5b AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 9, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Economic Development Corporation (361) 882 -7448 mculbertson@ccredc.com Type A Grant for Little Boeing Blue Inc. dba Motorglobe CAPTION: A) Ordinance appropriating $125,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Little Boeing Blue, Inc. ( "Motorglobe ") for building improvements and new equipment for a new headquarters in Corpus Christi and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $125,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average salary of at least $50,000 over a five year period, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund to incentivize Motorglobe to locate their national headquarters in Corpus Christi. BACKGROUND AND FINDINGS: Motorglobe is a subsidiary of Trust Dale. Trust Dale is a company founded by Dale Cardwell a former television reporter. He found when doing stories of companies that there were great companies out there. They investigate companies to see if they meet the high level of quality and customer service. They then pay him to advertise them as best in class. He is expanding this to automobile dealers. They would like to locate their national headquarters here in Corpus Christi. They will create 50 jobs with an annual salary of $50,000 per employee. ALTERNATIVES: The company will not invest enough for a tax abatement. The Type A fund is the only incentive that they are eligible for. OTHER CONSIDERATIONS: They are competing internally to set up the headquarters in Corpus Christi instead of Atlanta, Georgia. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi EMERGENCY / NON - EMERGENCY: EMERGENCY DEPARTMENTAL CLEARANCES: Budget Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 125,000 125,000 BALANCE 125,000 125,000 Fund(s): Type A Fund RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a five year Type A agreement with Motorglobe for $125,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Page 1 of 3 Resolution Approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Little Boeing Blue, Inc. ( "Motorglobe "), which provides a grant of up to $125,000, for building improvements and new equipment for a new headquarters in Corpus Christi, and the creation and retention of at least 50 full time jobs with an annual average salary of at least $50,000 over a five year period, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Motorglobe Business Incentive Agreement for the creation and retention of jobs WHEREAS, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Motorglobe for equipping its facilities within the City, in which Motorglobe will invest in furniture, fixtures, and equipment and will retain at least 50 full -time jobs with an average annual salary of at least $50,000 over a five year period, will best satisfy this goal; WHEREAS, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Motorglobe; WHEREAS, there is a need for a 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 Motorglobe. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Motorglobe that provides for facilities and equipping its facilities within the City of Corpus Christi, which is attached to this resolution as Exhibit A, is approved. 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 Motorglobe, which is attached to this resolution as Exhibit B. This resolution takes effect upon City Council approval on this the day of , 2012. 0040 2 b1b4d3d4- 5a92- 4e66- a52f- 14d290790107 Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED: day of , 2012. Charlotte Yochem Assistant City Attorney For City Attorney 0040 2 b1b4d3d4- 5a92- 4e66- a52f- 14d290790107 Page 3 of 3 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0040 2 b1b4d3d4- 5a92- 4e66- a52f- 14d290790107 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND MOTORGLOBE FOR CREATION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Little Boeing Blue Inc. dba Motorglobe (Motorglobe), a Texas for-profit corporation. 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 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 of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use fax 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 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 September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the Board, on November 9, 2010, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on November 19, 2010; WHEREAS, Section 501.073, Texas Local Government Code, formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Page 1 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, Motorglobe will locate their headquarters here in Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Motorglobe, through this contract with Motorglobe, to be used by Motorglobe to partially offset the costs of building improvement, purchase of computers, office stations, furniture and fixtures and which will result in creation of up to 50 new full-time permanent jobs in the City of Corpus Christi, with an estimated annual average salary of $50,000.00. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Motorglobe 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 January 1, 2013. 3. Performance Requirements and Grants. a. Motorglobe's performance requirements: (1) Motorglobe shall create and retain 50 new jobs with an annual average salary of $50,000.00. b. Corporation's Grants. The Corporation will grant Motorglobe up to $125,000 under the following conditions: (1) For every new job created and retained the Corporation will grant $2,500.00. (2) If Motorglobe does not create a new job the Corporation will not award any grant to Motorglobe for that calendar 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 defined in the Type A Guidelines. Page 2 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT c. Motorglobe agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. d. Motorglobe agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. e. Motorglobe shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Buy Local Provision. a. Motorglobe 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. Motorglobe warrants and represents to Corporation the following: a. Motorglobe is a corporation duly organized, validly existing, 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. Motorglobe has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Motorglobe 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. Motorglobe has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, 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. e. The parties executing this Agreement on behalf of Motorglobe are duly authorized to execute this Agreement on behalf of Motorglobe. Page 3 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT 7. Compliance with Laws. Motorglobe shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Motorglobe covenants and agrees that Motorglobe 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 Motorglobe 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 Motorglobe 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. Motorglobe 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 Motorglobe covenants to fully indemnify, save, and hold harmless less the Corporation, the City, their respective officers, employees, ees, and agents (`" inde nitees ", against all liability, dam age, 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 Motorglobe 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 lnde nitees Motorglobe 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 lndemnites, 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 1' 0 Motorglobe BUSINESS INCENTIVE AGREEMENT 12. Events of Default by Motorglobe. The following events constitute a default ofthis Agreement by Motorglobe: a. Failure of Motorglobe 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 Motorglobe 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 Motorglobe or any attachment or other levy against the property of Motorglobe with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. Motorglobe makes an assignment for the benefit of creditors. e. Motorglobe files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Motorglobe become delinquent, and Motorglobe fails to timely and properly follow the legal procedures for protest or contest. g. Motorglobe 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 Motorglobe is in default according to the terms of this Agreement, the Corporation or City shall notify Motorglobe in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Motorglobe 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 Motorglobe, 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. Motorglobe shall immediately repay all funds paid by Corporation under this Agreement. b. Motorglobe shall pay Corporation reasonable aftorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. Page 5 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT c. Upon payment by Motorglobe of all sums due, the Corporation and Motorglobe shall have no further obligations to one another under this Agreement. 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. a Any waiver or indulgence of Motorglobe's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Motorglobe 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. Motorglobe specifically agrees that Corporation shall only be liable to Motorglobe for the actual amount of the money grants to be conveyed to Motorglobe, and shall not be liable to Motorglobe 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 amount for that year, and Corporation shall not be liable 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 Motorglobe to be accompanied by all necessary supporting documentation. Page 6 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Motorglobe: Motorglobe Corporation P.O. Box 271825 Corpus Christi, TX 78427 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 Motorglobe will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees 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. Page 7 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT 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 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 Motorglobe. 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: Attest: By: Eloy Salazar President Armando Chapa Assistant Secretary Page 8 of 10 Motorglobe BUSINESS INCENTIVE AGREEMENT Little Boeing Blue, Inc. Date: 5- 3 - THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2012, by President for Little Boeing Blue, Inc., a Texas for-profit co or tion, on behalf of the corporation. Notary Public State of Texas Page 9 of 10 rret ir""1-kr-re.Ir "reran Ark.i-rt,t1 APPROVED: stay of 20 1 . Charlotte Yochem Assistant City Attorney For City Attorney Page 10 of 10 Motorglobe BUSENESS INCENTIVE AGREEMENT 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 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 of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the Board, on October 18, 2010, again amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly 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 Type A Corporation; WHEREAS, Little Boeing Blue, Inc. ( "Motorglobe ") has submitted a proposal to the Type A Corporation for a $125,000 grant for locating their headquarters in Corpus Christi; Page 1 of 3 Motorglobe0040_4_53a6c685 -1 ab0- 4e74- ab14- da75b9375d20 WHEREAS, the Type A Corporation, Motorglobe has executed a business incentive project agreement for the creation of jobs related to Motorglobe locating their headquarters in Corpus Christi. 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 the Creation of Jobs between the Type A Corporation and Motorglobe related to Motorglobe locating their headquarters in Corpus Christi ( "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 January 1, 2013. 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 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 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. Page 2 of 3 Motorglobe0040_4_53a6c685 -1 ab0- 4e74- ab14- da75b9375d20 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 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 Corporation Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: , 2012. Charlotte Yochem Assistant City Attorney for City Attorney Page 3 of 3 Motorglobe0040_4_53a6c685 -1 ab0- 4e74- ab14- da75b9375d20 AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Type A Grant for the Del Mar College Foundation Truck Training for $750,000. CAPTION: A) Ordinance appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund to Del Mar College Foundation to purchase six truck driving simulators to increase their output of Commercial Drivers to satisfy the growing need for CDL drivers in Corpus Christi. BACKGROUND AND FINDINGS: Del Mar College currently has a Transportation Training program that graduates between 250 and 300 students annually with an annual capacity of 312 students. This expansion will increase the student capacity to 1,056 graduates per year. The expansion includes acquisition of one or two additional tractor - trailer truck and six driving simulators incorporated into three customized mobile classroom units with two simulators each. The Eagle Ford Shale and the growth of economic activity in our area have increased the need for CDL drivers. The Del Mar College Foundation will purchase the six simulators and receive a matching gift of $2,000,000. The Type A Board approved this grant on March 19, 2012. ALTERNATIVES: This is the only incentive that this project is eligible for. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi EMERGENCY / NON - EMERGENCY: EMERGENCY DEPARTMENTAL CLEARANCES: Budget Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 750,000 750,000 BALANCE 750,000 750,000 Fund(s): Type A Fund Comments: None RECOMMENDATION: Staff recommends approval of this grant to the Del Mar College Foundation for purchasing truck simulators in the amount of $750,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Page 1 of 2 Ordinance Appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Del Mar Foundation for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program. SECTION 2. That Ordinance No. 029155, which adopted the FY 2011 -2012 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $750,000 for a business incentive grant from the Type A Corporation to Del Mar Foundation for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program. 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0041 2 75229e8a- 0417- 403f- a2cc- bcbb67eb457f Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0041 2 75229e8a- 0417- 403f- a2cc- bcbb67eb457f AGENDA MEMORANDUM for the City Council Meeting of May 29, 2012 DATE: May 8, 2012 TO: Ronald L. Olson, City Manager THROUGH: Toby Futrell, Interim Assistant City Manager FROM: Mike Culbertson, C.C. Regional Economic Development Corporation (361) 882-7448 mculbertson@ccredc.com Type A Grant for the Del Mar College Foundation Truck Training for $750,000. CAPTION: A) Ordinance appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College Foundation ( "Del Mar Foundation "), for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $750,000; and declaring an emergency B) Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs PURPOSE: To provide a grant from the Type A fund to Del Mar College Foundation to purchase six truck driving simulators to increase their output of Commercial Drivers to satisfy the growing need for CDL drivers in Corpus Christi. BACKGROUND AND FINDINGS: Del Mar College currently has a Transportation Training program that graduates between 250 and 300 students annually with an annual capacity of 312 students. This expansion will increase the student capacity to 1,056 graduates per year. The expansion includes acquisition of one or two additional tractor - trailer truck and six driving simulators incorporated into three customized mobile classroom units with two simulators each. The Eagle Ford Shale and the growth of economic activity in our area have increased the need for CDL drivers. The Del Mar College Foundation will purchase the six simulators and receive a matching gift of $2,000,000. The Type A Board approved this grant on March 19, 2012. ALTERNATIVES: This is the only incentive that this project is eligible for. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to locate and thrive in Corpus Christi EMERGENCY / NON - EMERGENCY: EMERGENCY DEPARTMENTAL CLEARANCES: Budget Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 750,000 750,000 BALANCE 750,000 750,000 Fund(s): Type A Fund Comments: None RECOMMENDATION: Staff recommends approval of this grant to the Del Mar College Foundation for purchasing truck simulators in the amount of $750,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Type A Agreement Page 1 of 3 Resolution Approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Del Mar College Foundation ( "Del Mar Foundation "), which provides a grant of up to $750,000, for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Del Mar Foundation Business Incentive Agreement for the creation and retention of jobs WHEREAS, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Del Mar Foundation for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, will best satisfy this goal; WHEREAS, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Del Mar Foundation; WHEREAS, there is a need for a 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 Foundation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and Del Mar Foundation that provides for the purchase of six (6) truck driving simulators to expand Del Mar College's existing Transportation Training Program, which is attached to this resolution as Exhibit A, is approved. 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 Foundation, which is attached to this resolution as Exhibit B. This resolution takes effect upon City Council approval on this the day of , 2012. 0042 2 2a2cbd69- a92b- 42eb- a011- d6e1bca30b22 Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0042 2 2a2cbd69- a92b- 42eb- a011- d6e1bca30b22 Joe Adame Mayor Page 3 of 3 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kelley Allen Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0042 2 2a2cbd69- a92b- 42eb- a011- d6e1bca30b22 BUSINESS INCENTIVE AGREEMENT BE EEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOUNDATION FOR EXPANSION OF TRANSPORTATION TRAINING PROGRAM This Business Incentive Agreement ("Agreement") for capital investments and job training is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College Foundation ("Del Mar Foundation"), a 501(c)(3) foundation supporting Del Mar College, 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 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 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 118 th 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; WHEREAS, Section 501.073, Texas Local Government Code, formerly 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; Page 1 of 10 BUSINESS INCENTIVE AGREEMENT De Mar Truck Training Expansion 03222012 WHEREAS, Del Mar Foundation intends to help Del Mar College (DMC) expand DMC's existing Transportation Training Program by purchasing and installing six driving simulators into three customized mobile classroom units, which will allow DMC to serve more students and train students to obtain their Commercial Driver's License (CDL); WHEREAS, local industries need to fill over 1,000 commercial driver positions WHEREAS, local industries produce meaningful, wealth producing jobs that bring in dollars from outside Corpus Christi into the City; and WHEREAS, Del Mar College has invested or will invest approximately $691,261 in assets and will hire additional instructors and operate the program at an annual estimated cost to Del Mar College of $795,142; WHEREAS, the Transportation Training expansion will further De Mar College's mission of education and economic development; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar Foundation 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 College will invest at least $691,261 in assets for the Transportation Training program. Del Mar Foundation 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. b. Del Mar Foundation shall purchase the six simulators for DMC's transportation training Program. c. Del Mar College shall expend at least $795,142 every year to support and operate the expansion of the Transportation Training program. d. The Corporation will reimburse Del Mar Foundation for the costs incurred by Del Mar Foundation to acquire six truck driving simulators to expand the Del Mar College Transportation Training Program. The amount reimbursed by the Corporation may not exceed $750,000. e. On the annual anniversary of the effective date of this agreement, Del Mar Foundation shall report to the Corporation the number of students placed with the businesses within the region requiring a commercial driver's license that were trained by Del Mar College through the Transportation Training Program and the Page 2 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 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 defined in the Type A Guidelines, 5. Buy Local Provision. a. Del Mar Foundation agrees to use its best efforts to give preference and priority to Iocal 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 Foundation warrants and represents to Corporation the following: a. Del Mar Foundation is a 501(0 organization and 509(a)(1) public charity under the Internal Revenue Code, duly organized, validly existing, 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 Foundation 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 Foundation has timely filed and will timely file all Iocal, 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 Foundation has access to the Texas Development Corporation Act, Subtitle C1, 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 10 BUSINESS INCENTIVE AGREEMENT -- Del Mar Truck Training Expansion 03222012 e. The parties executing this Agreement on behalf of Del Mar Foundation are duly authorized to execute this Agreement on behalf of Del Mar Foundation. 7. Compliance with Laws. Del Mar Foundation shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non- Discrimination. Del Mar Foundation covenants and agrees that Del Mar Foundation will not discriminate or 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 Foundation 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 Foundation 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 Foundation 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. it the extent t . riz law, e! Mar Foundation covenants nts t fully indemnify, v.-:, and hold r I ss the Corporation, t it y , their respective officers, employees, and agents ( "Ins nitees' against all liability, damage, loss, claims demands, and actions f any i on account of personal nal injuries (including, , without limiting the ore i , workers' compensation nsation an t -. claims), or property loss or - a e of any kind, is arise out of or are in n manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar Foundation activities conducted er or incidental to this Agreement, including an injury, loss or damage caused the sole or contributory negligence of any or all of the Indemnitees. Del Mar Foundation must, at its own expense, se, i s vesti ate all those claims and demands, attend to their settlement r other disposition, defend II actions based on those claims and demands with counsel s tip acto to Indemnitees, and Page 4 of 10 BUSINESS INCENTIVE AGREEMENT Del Mar Truck Training Expansion 03222012 pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar Foundation 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 Foundation 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 Foundation or any attachment or other levy against the property of Del Mar Foundation with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. Del Mar Foundation makes an assignment for the benefit of creditors. e. Del Mar Foundation files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Del Mar Foundation become delinquent, and Del Mar Foundation fails to timely and properly follow the legal procedures for protest or contest. g. Del Mar Foundation 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 Foundation is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar Foundation in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar Foundation 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 Foundation, 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. Page 5 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 a. Del Mar Foundation shall immediately repay all aH furids paid by Corporation under this Agreement. b. Del Mar Foundation shall pay Corporation's reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar Foundation under this Agreement. 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 Foundation's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar Foundation 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 Foundation specifically agrees that Corporation shall only be liable to Del Mar Foundation for the actual amount of the money grants to be conveyed to Del Mar Foundation, and shall not be liable to Del Mar Foundation 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' Page 6 of 10 BUSINESS INCENTIVE AGREEMENT Del Mar Truck Training Expansion 03222012 grant amount for that year, and Corporation shall not be liable 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 Foundation 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: Del Mar: Del Mar College Foundation Attn: Executive Director of Development 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 Foundation will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one Page 7 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 another. The employees or agents of either party may not be, nor be construed to be, the employees 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 person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future Iaw 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 Iaw 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 Foundation. 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. Page 8 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 Corpus Christi Business & Job Development Corporation By: Eloy Salazar President Date: Attest: By: Armando Chapa Assistant Secretary APPROVED AS TO FORIVI: day of , 20 2, Charlotte Yochem Assistant City Attorney For City Attorney Page 9 of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 Del Mar College Foundation, Inc. By: Mary C. / Queen, CFRE Executive Director of Development Date: I/425 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 1JYLL 9„, Mary C. McQueen, CFRE, Executive Director of Deve opment, Del Mar Foundation, Inc., a 501(03 organization supporting Del Mar College, a subdivision of the State of Texas, on behalf of the Foundation. Notary Public State of Texas Nretmegata54.61.04.61.6324.1.41.4tirgawatrasebbe 1 4 1 IV:4N DELIA G. PEREZ Nmary Puthc STATE OF TEXAS My Comm. Exp 12-10,2(ro4 SA' Page 1° of 10 BUSINESS INCENTIVE AGREEMENT — Del Mar Truck Training Expansion 03222012 Final ,2012, by College political 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 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 of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the Board, on October 18, 2010, again amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly 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 Type A Corporation; WHEREAS, Del Mar College Foundation ( "Del Mar ") has submitted a proposal to the Type A Corporation for a $750,000 grant for locating their headquarters in Corpus Christi; Page 1 of 3 0042 4 c25cbd8a- ac33- 4aa6- 8b02- 6421e9722816 WHEREAS, the Type A Corporation and Motorglobe have executed a business incentive project agreement for the creation of jobs related to Motorglobe locating their headquarters in Corpus Christi. 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 the Creation of Jobs between the Type A Corporation and Motorglobe related to Motorglobe locating their headquarters in Corpus Christi ( "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 January 1, 2013. 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 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 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. Page 2 of 3 0042 4 c25cbd8a- ac33- 4aa6- 8b02- 6421e9722816 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 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 Corporation Ronald L. Olson Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary 0042 4 c25cbd8a- ac33- 4aa6- 8b02- 6421e9722816 Page 3 of 3 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 10, 2012 Ronald L. Olson, City Manager FROM: Margie C. Rose, Assistant City Manager Marg ier(a� cctexas. com 361.826.3232 Amend Financial Policies to provide direction on preparation of Annual Budgets CAPTION: Resolution amending Financial Policies adopted by Resolution 029128 and providing Financial Policy direction on preparation of the Annual Budgets PURPOSE: Amending Financial Policies adopted by Resolution 029128 and providing financial policy direction on preparation of Fiscal 2012 -2013 Budget and future Annual Budget Processes BACKGROUND AND FINDINGS: It is the City's practice to reaffirm its Financial Policy or to adopt a new or modified policy annually in conjunction with budget preparation. These policies serve as a basis for preparing the City's annual budget. In preparing the proposed 2012 -2013 budget, Staff is recommending amendments to the policy that should not require that the policy be submitted for affirmation or amendments annually. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This resolution is implementing Policy guidelines to be followed. EMERGENCY / NON - EMERGENCY: Resolution requiring one reading DEPARTMENTAL CLEARANCES: Management and Budget, Finance and Legal Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: The policy itself has no financial impact RECOMMENDATION: Approval of the Financial Policies as presented LIST OF SUPPORTING DOCUMENTS: Resolution is attached Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Finance Margie C. Rose, Assistant City Manager RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 029128 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial Policy in May 2005 by Resolution 026265; and reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; and amended the policy in July 2011 by Resolution 029128; WHEREAS, as a result of those policies, the City 4ias achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain that a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029128 are amended to read as follows: 2 Section 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare the FY 2011 12 each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation process until amended by City Council resolution. Section 2. Current Revenues Equal /Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance /Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of each fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) ten (10 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. 3 Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the annual Internal Service Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2. Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4. Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period; 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of any one -time appropriations. This 4 subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 4: 5. Property Tax Rate for Operations and Maintenance. The Each proposed annual bBudget for FY 2011 2012 shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.): Section 6. 6. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal ,income growth to insure an adequate financial base for the future. Section -4. 7. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service and special revenue funds of the City. unfavorable revenue or expende trends, thus allowing for the identification of Section 8. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, 5 the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 9. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outline Sections 2 and 4hereinoutlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section 10. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 11. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 12. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 adopted by the City Council on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 13. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 14. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery 6 shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 15. Zero Based Budgeting type of process. To prepare the General Fund City's — operating budget, the City shall utilize the a Zero Based Budgeting type of process. The staff shall be accountable for utilizing the a Zero Based Budgeting type of process comprehensively for all General Fund department budgets. Consideration may be given to expanding the Zero Based Budgeting process to Non General Fund Departments if deemed appropriate by the City Manager. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas 7 of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 029128 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial Policy in May 2005 by Resolution 026265; and reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; and amended the policy in July 2011 by Resolution 029128; WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029128 are amended to read as follows: 2 Section 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation process until amended by City Council resolution. Section 2. Current Revenues Equal /Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of each fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the 3 annual Internal Service Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period; 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of any one -time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury 4 Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 7. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service and special revenue funds of the City. Section 8. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 9. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. Section 10. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. 5 Section 11. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 12. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 13. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 14. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 15. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 6 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott FIN C (JjjfJ OVERVIEW Committed General Fund Balance/Working Capital o io% - 25% of total annual GF appropriation committed for major contingencies o Uncommitted fund balance in excess of the io% policy requirement may be recommended for expenditure by the City Manager 6/ 20 2 :O2 (continued) pjij:.y OVERVIEW Other Committed Fund Balances: u Enterprise Funds - 25% reserve o Internal Service Funds - 3% reserve u Group Health Plans - goal to: «pay administrative costs & claims based on most recent actuarial study in case plan ceases or change in third party administrator; «cover difference between revenues budgeted & the n0% of projected claims expense as catastrophic reserve 6/ 20 2 02 (continued) �j][ OVERVIEW o General Liability Fund - goal to: fund long-term liabilities, incurred but not reported & risk margin for adverse claims determined by actuarial recommendation & in CAFR; protect against unexpected claims as catastrophic reserve equaling 25% of the average of incurred costs of claims over prior 5 -year period; protect against cost increases for purchased insurance coverage premiums equaling 25% of cost for purchased insurance over prior year 6/ 20 2 02 FIN • C POLICY OVERVIEW (continued) o Worker's Compensation Fund — goal to: fund long-term liabilities, incurred but not reported & risk margin for adverse claims determined by actuarial recommendation & in CAFR; protect against unexpected claims as catastrophic reserve equaling 25% of the average of incurred costs of claims over prior 5 -year period; Debt Service Reserve Fund —strive to: maintain balance for debt instruments of at least 2% of annual debt service appropriation(s) 6/ 20 2 Q02 FIN C r POLICY OVERVWAW Property Tax Rate for O&M o Effective Tax Rate when property values decrease Current Tax Rate when property values increase, as long as the tax rate does not exceed the "rollback" rate Multi-year Budget Model Business plans will be considered as part of future budget recommendations 6/ 20 2 Q02 (continued) �j][ OVERVIEW Cost Recovery — GF may recover support costs by charging other funds for administrative costs Zero Based Budgeting Type of Process —will be used 6/ 20 2 02 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: 06/05/12 Ronald L. Olson, City Manager FROM: Celia Gaona, City Auditor celiag @cctexas.com 826 -3659 Approval of FY 2013 Annual Audit Plan CAPTION: Ordinance to approve the Annual Audit Plan for FY 2012 -2013. PURPOSE: To have the Fiscal Year 2013 Annual Audit Plan approved by City Council in accordance with the Code of Ordinance Chapter 12 %2 City Auditor. BACKGROUND AND FINDINGS: On November 2, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council. Article II, Section 29 (b) of the City Charter provides that the City Auditor shall report to the City Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. On July 20, 2011, City Council approved an amendment to the City Code of Ordinance adding Chapter 12 %2 City Auditor. On November 15, 2011, Chapter 12 %2 City Auditor Ordinance was amended to establish a Council Audit Committee. Chapter 12 %2 Section 2 (h) (1) of the City Code of Ordinance provides that no less than thirty (30) days prior to the beginning of each fiscal year the City Auditor shall submit an annual audit plan to the City Council through the Council Audit Committee for review and comment. In conformance, the City Auditor is presenting the Fiscal Year 2013 Audit Plan for City Council approval, which has been presented to and approved by the Council Audit Committee on May 29, 2012. ALTERNATIVES: NA OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 %2 City Auditor EMERGENCY / NON - EMERGENCY: Non - Emergency two readings DEPARTMENTAL CLEARANCES: Council Audit Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Exhibit A — Ordinance to approve the Annual Audit Plan for FY 2012 -2013 Ordinance to approve the Annual Audit Plan for FY 2012 -2013. Whereas, Section 12 1/2 -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each fiscal year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the Council Audit Committee reviewed and approved the FY 2013 Annual Audit Plan at its meeting on May 29, 2012; Whereas, the Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval Be it ordained by the City Council of the City of Corpus Christi Texas: Section 1. That the City Council has reviewed and does approve the Annual Audit Plan for FY 2012 -2013, copy attached as Exhibit A. City of Corpus Christi City Auditor's Office Proposed Annual Audit Plan Fiscal Year 2013 City Auditor's Office May 17, 2012 To: Honorable Members of the Council Audit Committee and City Council Subject: Fiscal Year 2013 Proposed Audit Plan In accordance with Corpus Christi Code of Ordinance, Chapter 12 1/2, Section 2 (H)1, attached is the City Auditor's Fiscal Year 2013 Audit Plan. This provision requires the City Auditor to submit the annual audit plan for review and comment through the Council Audit Committee thirty (30) days prior to the beginning of each fiscal year. The FY 2013 Audit Plan incorporates input from City Council Members and some Department Directors. We also applied a department level risk assessment considering factors such as financial impact, internal and external environment changes, complexity, and prior issues. The City Auditor used professional judgment to rank this input and develop auditable areas including preliminary audit objectives. This approach provides adequate audit coverage for City processes and programs in high -risk areas and recognized concerns raised by City Management. The Government Auditing Standards, which we will follow, require that we provide independent, objective, fact -based assessments of the stewardship, performance and cost of policies, programs, and operations we audit. Our work is also vital to maintaining citizens' trust and confidence in the City's effective, efficient and economic deployment and use of its resources. 2013 Audit Plan For FY 2013, the plan includes 4 proposed audits and 5 Follow -up Audits (Enclosure A) along with one audit carried over from the prior fiscal year. The plan also includes the performance of Surprise Cash Counts on various city sites collecting money, Fraud Investigations, and Special Assignments or requests by City Council and City Management. These requests will be subject to approval by the Council Audit Committee. With approval of the Council Audit Committee, this plan may be amended. We look forward to assisting the Committee and the City Council in fulfilling their governance responsibilities to the City of Corpus Christi. Celia Gaona, CIA CFE CISA City Auditor Enclosure A Proposed FY 2013 Audit Plan Item # Project # Department Program/ Risk Area Component Audit Objectives Estimated Hours 1 AU13-001 Hotel/Motel Occupancy Tax 4 AU13-004 Municipal Court 5 FU13-001 6 FU13-002 Financial Services - Warehouse Engineering Financial Services - Payroll Financial Services Purchasing Financial Services - Utility 7 FU13-003 Business Office & Field 8 9 10 FU 13-004 FU 13-005 TBD Operations Financial Services -Central Cashiering Hotel/Motel Occupancy Tax Citywide Compliance Inventory Compliance Operational Follow -Up Audit Follow -Up Audit Follow -Up Audit Follow -Up Audit Follow -Up Audit Other Engagements Determine if hotels/motels are properly collecting and Revenue remitting all occupancy taxes owed to the City in 885 compliance with applicable regulations and guidelines. Determine if adequate controls are in place to manage inventories. Evaluate controls over the procurement of professional services process. Determine if adequate controls are in place for the ?'^collections and billing of fees. Evaluate management implementation of prior audit recommendations. Evaluate management implementation of prior audit recommendations. Expense Expense Revenue Expense Expense Expense Revenue Revenue Evaluate management implementation of prior audit recommendations. Evaluate management implementation of prior audit recommendations. Evaluate management implementation of prior audit recommendations. ..:......................................................................................................................................................................................................................................................................................................... Perform Surprise Cash Counts, Special Assignments, TBD and evaluate allegations of fraud, waste or abuse, and conduct investigations. 685 785 785 100 100 100 100 100 812 Audit Carryovers Estimated yover hours from FY12 AU 12-003 Financial Services - Central Cashiering Cash To evaluate the adequacy of cash handling controls Revenue over receipts. 300 4,752 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Celia aona, City . u :ito June 1; , 2012 Annual Audit Plan Plan Development 03 Department level Risk Assessment 03. Input from some City Council Members and some Department Heads 03 Audit Plan presented to Audit Committee on May 29, 2012 03 Includes 4 proposed Audits, 5 Follow-up Audits, and one audit carried over from FY 2012 03 Includes hours allocated for Special Assignments, Fraud Investigations, and Surprise Cash Counts FY 2013 Annual Audit Plan Item # Project # 1 AU13-001 Department Audit Objectives Determine if hotels/motels are properly collecting and Hotel/ Motel remitting all occupancy taxes owed to the City in Occupancy Tax compliance with applicable regulations and guidelines. Financial Services - Determine if adequate controls are in place to manage 2 AU13-002 Warehouse inventories. Evaluate controls over the procurement of professional 3 AU13-003 Engineering services process. Determine if adequate controls are in place for the 4 AU13-004 Municipal Court collections and billing of fees. Financial Services - Evaluate management implementation of prior audit 5 FU13-001 Payroll recommendations. Financial Services - Evaluate management implementation of prior audit 6 FU13-002 Purchasing recommendations. Annual Audit Plan cont. Item # Project # 7 FU13-003 8 FU13-004 Department Audit Objectives Financial Services - Utility Business Office & Field Evaluate management implementation of prior audit Operations recommendations. Financial Services - Central Evaluate management implementation of prior audit Cashiering recommendations. Evaluate management implementation of prior audit 9 FU13-005 Hotel/Motel Occupancy Tax recommendations. Perform Surprise Cash Counts, Special Assignments, and evaluate allegations of fraud, waste or abuse, and conduct 10 TBD Citywide investigations. Audit Carryovers AU12-003 Financial Services - Central To evaluate the adequacy of cash handling controls over Cashiering receipts. Questions ? AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: TO: May 15, 2012 Ronald L. Olson, City Manager FROM: Herb Canales, Library Director herbc @cctexas.com 826 -7070 Ordinance appropriating library donations CAPTION: Ordinance authorizing the City Manager to accept and appropriate in the Library Grants Fund No. 1068 the following donations for the following purposes: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. PURPOSE: Adoption of this ordinance will make $18,605.81 in donations available to the library. The library continues to receive mineral interest earnings from the estate of William T. Neyland. These funds will be used at Neyland library. To date the library has received $854,647 from the estate. The library has also received a $10,000 bequest from Fredric W. M. Germaine for the purchase of investment publications. As part of a national promotion of the NASA space program the library also received $450 for the Harte Library to support a traveling exhibition and programming. BACKGROUND AND FINDINGS: N/A ALTERNATIVES: None OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: YES EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $18,605.81 $18,605.81 BALANCE $18,605.81 $18,605.81 Fund(s): Comments: Funds have been received. RECOMMENDATION: Staff recommends acceptance of donations and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance authorizing the City Manager to accept and appropriate in the Library Grants Fund No. 1068 the following donations for the following purposes: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Manager or designee is authorized to accept and appropriate donations described as follows in the Library Grants Fund No. 1068: $8,155.81 from the Neyland Estate for the Neyland Library; $10,000 from the Fredric W. M. Germaine Estate for purchase of investment publications; and $450.00 from the American Library Association for the Vision of the Universe program. 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 , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: June 19, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com Hire Corpus Christi First CAPTION: ORDINANCE ADDING SECTION 26, HIRE CORPUS CHRISTI FIRST, TO PART II COUNCIL POLICIES, OF THE CORPUS CHRISTI CODE OF ORDINANCES, RELATING TO LOCAL CONTRACTING PREFERENCES; PROVIDING FOR SEVERABILITY PURPOSE: This ordinance will provide for local preference in award of personal property (supplies, vehicles and equipment) and selected services (excluding construction services, telecommunications services or information services) that are required for the day -to- day operations of City Departments. It provides for a five (5 %) preference to local bidders of personal property and selected services that are less than $500,000 and a three (3 %) preference to local bidders of personal property above that amount. BACKGROUND AND FINDINGS: Local Government Code 271.905 and 271.9051 have been amended to allow Municipalities of any size to consider a bidder's principal place of business in awarding certain types of contracts. This ordinance will promote local economic development by ensuring a portion of citizens' tax dollars remain in the local economy, by improving employment opportunities for local residents and increasing sales tax revenues. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This ordinance will be added to the Code of Ordinances, Part II, Council Policies, as Section 26. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals Veronica Ocanas, Assistant City Attorney Constance Sanchez, Finance Director Eddie Houlihan, Assistant Budget Director Margie C. Rose, Assistant City Manager ORDINANCE ADDING SECTION 26, HIRE CORPUS CHRISTI FIRST, TO PART II COUNCIL POLICIES, OF THE CORPUS CHRISTI CODE OF ORDINANCES, RELATING TO LOCAL CONTRACTING PREFERENCES; PROVIDING FOR SEVERABILITY WHEREAS, City Council wishes to use the City spending powers in a manner that promotes fiscal responsibility and maximizes the effectiveness of local tax dollars by ensuring a portion of citizens' tax dollars remain in the local economy for economic benefit of the citizens; and WHEREAS, City Council finds that by encouraging the local business capacity, the City will maintain an able and competitive pool of businesses from which to choose to procure goods and services; and WHEREAS, City Council finds that awarding contracts to local vendors provides additional economic benefit for a city's citizens by keeping their tax dollars local; and WHEREAS, City Council finds the principal place of business of a business is a relevant criterion in providing best value for the City; and WHEREAS, City Council finds that awarding contracts to businesses located within the city limits, defined herein as the local area, benefits the City and its residents by improving employment opportunities, increasing property values, and increasing sales tax revenues; and WHEREAS, City Council finds that the Texas Local Government Code Sections 271.905 and 271.9051 allow the City to consider a vendor's principal place of business in awarding certain contracts; and WHEREAS, City Council determines that in any procurement addressed by this Ordinance, the local bidder offers the City the best combination of contract price and additional economic development opportunities, including the employment of residents of the City and increased tax revenue to the City; and WHEREAS, City Council finds that the conclusions and determinations contained herein meet the written determination required by the Texas Local Government Code in Sections 271.905(b)(2) and 271.9051(b)(2) or as they may be amended or renumbered; and WHEREAS, City Council desires to add a new Section 26 to Part 11, Council Policies, of the Code of Ordinances to require utilization of state law to create a contracting preference for local businesses; 0046_ 2_ ea122586- c3c6- 4dcb- 8bed- 2a887325aac1 Page 1 of 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The findings in the preamble of this Ordinance are determined to be true and correct and are hereby adopted. Section 2. That Council Policies, Part 11 of the Corpus Christi Code of Ordinances, is hereby amended by adding the following new Section 26: Sec. 26. Hire Corpus Christi First. (a) In order to maximize the effectiveness of local tax dollars by ensuring a portion of citizens' tax dollars remain in the local economy for economic benefit of the citizens by using all available legal opportunities to contract with local businesses, city department directors and purchasing officials have a duty to grant a preference to local businesses unless doing so would violate the law or be contrary to the best interests of the City. Nothing in this section prohibits the city from rejecting any or all bids. (b) Definitions. Bid means any procurement method governed by Texas state law. Local area means within the Corpus Christi city limits. Local business means a business with a principal place of business in the local area. Principal place of business means a business headquarters or an established place of business within the city limits (local area) from which one or more of the entity's workforce are regularly based, and /or from which a business conducts a substantial part of its operations or performs a substantial role in a commercially useful function. A local place of business used solely as a post office box, mail drop or telephone message center or any combination thereof, with no other substantial work function, may not be construed as a principal place of business. (c) Purchases of real property or personal property that is not affixed to real property. (i) In purchasing any real property or personal property that is not affixed to real property, if the City receives one or more bids from a bidder whose principal place of business is in the local area and whose bid is within three percent of the lowest bid price received by the City from a bidder who is not a resident of Corpus Christi, the City 0046_ 2_ ea122586- c3c6- 4dcb- 8bed- 2a887325aac1 Page 2 of 5 shall enter into a contract with the lowest bidder whose principal place of business is in the local area, as the City Council of the City of Corpus Christi hereby determines that the local lowest bidder offers the City of Corpus Christi the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of Corpus Christi residents and increased tax revenues to the City. (ii) This section does not prohibit the City from rejecting any or all bids. (iii) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. (d) Purchases of real property, personal property that is not affixed to real property, or services of less than $500, 000 except for construction services or professional services subject to Chapter 2254 of the Texas Government Code. (i) In purchasing any real property, personal property that is not affixed to real property, or services other than construction services or professional services that are subject to Chapter 2254 of the Texas Government Code, as amended, if the City receives one or more competitive sealed bids from a bidder whose principal place of business is in the local area and whose bid is within five percent of the lowest bid price received by the City from a bidder who is not a resident of Corpus Christi, the City shall enter into a contract for purchases in an amount of less than $ 500,000 with the lowest bidder whose principal place of business is in the local area, as the City Council of the City of Corpus Christi hereby determines that the local lowest bidder offers the City of Corpus Christi the best combination of contract price and additional economic development opportunities for the City created by the contract award, including the employment of Corpus Christi residents and increased tax revenues to the City. (ii) This section does not prohibit the City from rejecting any or all bids. (iii) Nothing in this section may be construed to require the City to enter into a contract with a bidder that is not a responsible bidder. (iv) This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153. (e) Requests for city council determination. 0046_2_ea122586-c3c6-4dcb-8bed-2a887325aac1 Page 3 of 5 (i) A department director or purchasing official may request that city council consider and determine whether to grant a preference to a local business under this section for any reason. (ii) A department director or purchasing official has a duty to request that city council consider and determine whether to grant a preference to a local business if the department director or purchasing official finds that to grant a local preference under this section could be contrary to the intent of this policy. Section 3. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of 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 Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 4. This ordinance takes effect immediately upon passage. 0046_ 2_ ea122586- c3c6- 4dcb- 8bed- 2a887325aac1 Page 4 of 5 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor 0046_ 2_ ea122586- c3c6- 4dcb- 8bed- 2a887325aac1 Page 5 of 5 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 6/19/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera Assistant Director of Financial Services mikeb(a�cctexas.com Work Trucks CAPTION: Motion approving the lease purchase of one (1) pickup truck and the purchase of eleven (11) pickup trucks and one (1) heavy duty truck in the amount of $314,850.27 of which $292,947.52 is required for FY 2011/2012. The vehicles are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0044 -12, based on low bid and the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. All thirteen (13) vehicles are replacement units to the fleet. These vehicles will be used by Parks and Recreation, Street, Gas, Water, and Storm Water Departments. Funding for the purchase of these vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund and the Operations Budgets of Park and Recreation, Street and Water Departments. Financing for the lease purchase of the pickup truck will be provided through the City's lease /purchase financing contractor. Champion Ford Caldwell Country Ford Philpott Motors Corpus Christi, TX Caldwell, TX Nederland, TX Items: 1, 2, 4 -7 Item: 3 Item 8 $209,275 $21,644 $83,931.27 Grand Total: $314,850.27 BACKGROUND AND FINDINGS: These vehicles will be used by Parks and Recreation, Street, Gas, Water and Storm Water Departments for daily operations. All 13 vehicles are replacements to the fleet. ALTERNATIVES: Award of line item six on the bid tabulation is recommendation based on section 271.905 of the local government code, (Consideration of Location of Bidders Principle Place of Business) and Code of Ordinances, Part II, City Council Policies, Section 26. The alternative is to award to the non -local lowest responsible bidder. OTHER CONSIDERATIONS: The pickup truck will be funded for a forty -eight month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after the acceptance of the pickup truck. The estimated annual payment is $5,919. Total estimated cost over the forty -eight month period, including principal of $22,396 and interest of $1,280, is $23,676. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Gas, Parks and Recreation, Street, Solid Waste, Water, and Stormwater Departments FINANCIAL IMPACT: Operating Expense RSCALYEAR 2011 - 2012 Qarrent Year Future Years TOTALS Purchase Lea Purchase Budget Purchase 4, 977, 552.71 4, 977, 552.71 Lease Purchase 116,223.27 23,182.75 139,406.02 Encumbered/ Expended amount as of 5/25/12 Purchase (3,961, 695.68) (3,961, 695.68) Lease Purdiase (115,730.02) (115,730.02) Thisltem Purchase (292,454.27) (292,454.27) Lease Purchase (493.25) (23,182.75) (23,676.00) BALANCE Purchase 723,402.76 723,402.76 Lease Purchase 0.00 0.00 0.00 FUND(S): Purchase - General (Street, Park and Fbcreation), Water, and Maintenance Service Lease Purdiase - General (Park and Fbcreati on) Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation and price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISACOVINGTON DATE: JUNE 19, 2012 Champion Ford Corpus Christi, Texas BID TABULATION BID INVITATION NO. BI -0044-12, BUYBOARD Contract # 358-10 WORK TRUCKS Caldwell Country Ford Caldwell, Texas Philpott Motors (2) Nederland, Texas Access Ford Corpus Christi, Texas Extended Price $20,248.00 $80,992.00 DESCRIPTION QTY UNIT Unit Price Extended Price Unit Price Extended Price Extended Price Unit Price Unit Price 1 Series (PU-2), '/ Ton, Extended Cab Pickup, Short (6 W) Bed, pipe rack, tow package and saddle box, in Accordance with Specification No. 1014. Color— White. Street Department 2 Lease Purchase - Series (PU-2), '/ Ton, Crew Cab Pickup, Short (6 W) Bed, In Accordance with Specification No. 1014. Color — White. Parks and Recreation Department 3 Series (PU-1),'/ Ton, 4X4 Extended Cab Compact Pickup, Short (6') Bed Pickup, In Accordance with Specification No. 1014. Color — White. Water Department 4 Series (PU-2), '/ Ton, Extended Cab Pickup, Short (6 W) Bed, In Accordance with Specification No. 1014. Color— White. Gas Department 5 Series (PU-2), '/ Ton, Standard Cab Pickup, Long (8') Bed, In Accordance with Specification No. 1014. Color — White. Stormwater Department 6 Series (HT -1.5) 15,000 lbs. GVWR Crew Cab and Chassis, 60 inch cab -to -axle, with Service Body and Canopy Top. (Rawson - Koenig # E60D94, No Exception). In Accordance with Specifications No. 1009, 1012, and 1013. Color — White. Gas Department 7 Series (PU-2), '/ Ton, 4X4 Extended Cab Pickup, Short (6'/') Bed, In Accordance with Specification No. 1014. Color — White. Water Department 8 Series (PU-2), '/ Ton, 4x4 Crew Cab Pickup, Short (6 W) Bed, In Accordance with Specification No. 1014. Color— White. Parks and Recreation Department TOTAL AWARD: GRAND TOTAL AWARD: 4 Each $19,685.00 $78,740.00 1 Each 22,396.00 22,396.00 1 Each 22,562.00 22,562.00 1 Each 18,245.00 18,245.00 1 1 Each Each 16,554.00 16.554.00 50,800.00 50.800.00 (1) 1 Each 22,540.00 22,540.00 3 Each $209,275.00 $314,850.27 $20,644.00 $82,576.00 23,486.00 23,486.00 21,644.00 21,644.00 18,276.00 18,276.00 19,337.00 19,337.00 49,877.00 49,887.00 (1) 22,986.00 22,986.00 $21,644.00 27,977.09 83, 931.27 $83,931.27 Sames Ford Lincoln Corpus Christi, Texas Allen Samuels Chevrolet Corpus Christi, Texas Unit Price Extended Price Unit Price Extended Price $20,514.63 $82,058.52 $28,200.00 $112,800.00 22,774.00 22,774.00 23,036.63 23,036.63 34,061.00 34,061.00 22,666.00 22,666.00 No Bid No Bid No Bid No Bid 32,343.00 32,343.00 19,424.63 19,424.63 27,553.00 27,553.00 16,717.00 16,717.00 17,723.63 17,723.63 23,304.00 23,304.00 53,298.00 53,298.00 52,459.27 52,459.27 22,670.00 22,670.00 23,470.63 23,470.63 (1) Award recommendation based on section 271.905 of the local government code, (Consideration of Location of Bidders Principle Place of Business). (2) Per BUYBOARD Contract # 358-10 No Bid No Bid No Bid No Bid DATE: TO: FROM: CAPTION: AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 6/19/2012 Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com Service Agreement for Closed Circuit Television Pipeline Inspection Motion approving a service agreement with Video Plumbing, Inc., Corpus Christi, Texas for closed circuit television pipeline inspection services in accordance with Bid Invitation No. BI- 0159 -12 based on only bid for an estimated annual expenditure of $502,933 of which $83,822.18 is required for the remainder of FY 2011- 2012. The term of the agreement shall be for twelve months with option to extend for up to two additional twelve months periods, subject to the approval of the supplier and the City Manager or his designee. Funds are budgeted in the Wastewater Department Operational Budget in FY 2011 -2012 and have been requested for FY 2012 -2013. BACKGROUND AND FINDINGS: This service agreement will provide for inspection of approximately 30,000 linear feet of newly installed waste water lines, sizes 6" through 15 ". It also covers the inspection and cleaning of approximately 76,900 linear feet of existing 6" through 15" lines to ensure wastewater is flowing properly. Manhole inspection for existing and new construction is also covered under the agreement. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,748,330.61 $419,110.82 $4,167,441.43 Encumbered / Expended Amount $1,083,605.30 0.00 $1,083,605.30 This item $83,822.18 $419,110.82 $502,933.00 BALANCE $2,580,903.13 0.00 $2,580,903.13 Fund(s): Wastewater System Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - GABRIEL MALDONADO COUNCIL DATE: JUNE 19, 2012 BID TABULATION BI- 0159 -12 CLOSED CIRCUIT TELEVISION PIPELINE INSPECTION Video Plumbing, Inc. CORPUS CHRISTI, TX ITEM DESCRIPTION QTY. UNIT Extended Price 1.0 Inspection and Cleaning of approximately 40,650 linera feet of exisiting pipe. 2.0 Inspection and Cleaning of approximately 36,250 linera feet of repair /rehabilitation of pipeline. 3.0 Inspection of approximately 30,000 linera feet of new pipeline. Grand Total 40,650 36,250 30,000 LOT LOT LOT $210,683.00 $210,050.00 $82,200.00 $502,933.00 SERVICE AGREEMENT Closed Circuit Television Pipeline Inspection Service Agreement No. THIS Closed Circuit Television (CCTV) Pipeline Inspection SERVICE AGREEMENT (this 1 "Agreement ") is entered into by and between Video Plumbing. Inc. (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. WHEREAS Contractor has proposed to provide CCTV Pipeline Inspection in response to Bid Invitation No. BI- 0159 -12 in accordance with Specification 1105, revised date 1/19/12 which is incorporated and attached as Exhibit C; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform CCTV Pipeline Inspection in accordance with Specification 1105 Revised 1/19/12. 2. Term. This Agreement is for twelve (12) months from notification by the City to the Contractor to commence. The term includes an option to extend for up to two additional twelve -month 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 the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Wastewater Collections System Superintendent. 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 the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Wastewater Collections System Superintendent will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the 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 (the City's fiscal year ends on July 31St), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Specification 1105 Revised 1/19/12, or the Contractor's bid offer to Bid Invitation No. BI- 0159 -12 waives any subsequent breach of the same. 9. 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. 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. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Wastewater Collections System Superintendent. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0159 -12 or Specification 1105 Revised 1/19/12. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor five (5) work days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The 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. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence in the workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Wastewater Collections System Superintendent P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: (361) 857 -1971 IF TO CONTRACTOR: Contractor Contact Address: City, State, Fax No.: Video Plumbing, Inc. Judy Helm 6250 Greenwood Drive Corpus 361- 852 -8022 Texas 78417- 17. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( INDEMNITEES) FROM AND AGAINST ANY AND ALL LL4BILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE 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 WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED 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. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Assistant Director of Financial Services Contractor VIE© PLUM din) 4 //V C , Exhibit A: Bid Invitation No. BI- 0159 -12, Insurance Requirements and Specification 1105 Revised Date 1/19/12 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: May 1,2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(a� cctexas. com 361- 826 -7205 Accepting an amendment to the 2012 TB State Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. B. Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $7,047 to provide funding for the elimination and control of tuberculosis to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. Original grant was awarded in the amount of $73,276 from September 1, 2011 to August 31, 2012. ALTERNATIVES: Discontinue the Tuberculosis program; thus causing the grant to cease to exist for Tuberculosis services; this in itself could lead to major Tuberculosis outbreaks in the future. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Item required two readings DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,047 $7,047 BALANCE $7,047 $7,047 Fund(s):1066 Comments: No match funding required. RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents. Furthermore, the City Council ratifies acceptance of the grant amendment to be effective March 26, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0049_2_74e48c09-198c-4d 61 -81 e9- f15815e91479 Page 1 of 2 Corpus Christi, Texas day of 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0049_ 2_ 74e48c09- 198c- 4d61 -81 e9- f15815e91479 Page 2 of 2 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: TO: May 1,2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(a� cctexas. com 361- 826 -7205 Accepting an amendment to the 2012 TB State Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or his designee to accept a grant amendment in the amount of $7,047 from the Texas Department of State Health Services for the Tuberculosis Program and execute all related documents; and ratifying acceptance of the grant amendment to be effective March 26, 2012. B. Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $7,047 to provide funding for the elimination and control of tuberculosis to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. Original grant was awarded in the amount of $73,276 from September 1, 2011 to August 31, 2012. ALTERNATIVES: Discontinue the Tuberculosis program; thus causing the grant to cease to exist for Tuberculosis services; this in itself could lead to major Tuberculosis outbreaks in the future. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Item required two readings DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,047 $7,047 BALANCE $7,047 $7,047 Fund(s):1066 Comments: No match funding required. RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Ordinance appropriating a grant amendment in the amount of $7,047 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Tuberculosis Program; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant amendment in the amount of $7,047 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for the Tuberculosis Program. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 0050_ 2_ 6cd8662c- 35c6 -41 d8- b62d- 2e5d94cf3db5 Page 1 of 2 Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 0050_ 2_ 6cd8662c- 35c6 -41 d8- b62d- 2e5d94cf3db5 Page 2 of 2 AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: May 23, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(c�cctexas. com 361- 826 -7205 Accepting an amendment to the 2012 CPS - Laboratory Response Network -PHEP Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant amendment in the amount of 15,744 from the Texas Department of State Health Services for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. B. Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $15,744 to maintain the LRN laboratory activities within the Corpus Christi - Nueces County Public Health District beginning August 1, 2011 through August 31, 2012 for the purchase of supplies, personnel salary with fringe benefits and other expenses to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. ALTERNATIVES: Discontinue the LRN laboratory activities; thus causing a delay in our expedient an appropriate response to public health consequences. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Item required two readings DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 15,744 $15,744 BALANCE 15,744 $15,744 Fund(s):1066 Comments: No fiscal impact to general fund and no match funding required. RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Resolution authorizing the City Manager or designee to accept a grant amendment in the amount of $15,744 from the Texas Department of State Health Services for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to accept a grant amendment in the amount of $15,744 from the Texas Department of State Health Services for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: May 23, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netter(c�cctexas. com 361- 826 -7205 Accepting an amendment to the 2012 CPS - Laboratory Response Network -PHEP Grant and appropriating funds CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant amendment in the amount of 15,744 from the Texas Department of State Health Services for the Laboratory Response Network Public Health Preparedness Program, extending the grant until August 31, 2012, and to execute all related documents. B. Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant amendment in the amount of $15,744 to maintain the LRN laboratory activities within the Corpus Christi - Nueces County Public Health District beginning August 1, 2011 through August 31, 2012 for the purchase of supplies, personnel salary with fringe benefits and other expenses to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. ALTERNATIVES: Discontinue the LRN laboratory activities; thus causing a delay in our expedient an appropriate response to public health consequences. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Item required two readings DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 15,744 $15,744 BALANCE 15,744 $15,744 Fund(s):1066 Comments: No fiscal impact to general fund and no match funding required. RECOMMENDATION: Staff recommends accepting the grant amendment and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Ordinance appropriating a grant amendment in the amount of $15,744 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant amendment in the amount of $15,744 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for the Laboratory Response Network Public Health Emergency Preparedness Program. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/21/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 2012 Parks and Recreation Summer Food Program CAPTION: A. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. B. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. C. Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. The Texas Department of Agriculture provides grant funds for the Summer Food Program. There is no required local match for this grant. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $250,000 $250,000 BALANCE $250,000 $250,000 Fund(s): Grant Fund 1067 Comments: none RECOM MENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution, Ordinance, Notice of Program Approval, Interlocal Agreement with CCISD Page 1 of 2 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney Joe Adame Mayor Page 2of2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/21/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 2012 Parks and Recreation Summer Food Program CAPTION: A. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. B. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. C. Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. The Texas Department of Agriculture provides grant funds for the Summer Food Program. There is no required local match for this grant. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $250,000 $250,000 BALANCE $250,000 $250,000 Fund(s): Grant Fund 1067 Comments: none RECOM MENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution, Ordinance, Notice of Program Approval, Interlocal Agreement with CCISD Page 1 of 2 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a $250,000 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: March , 2012 Lisa Aguilar Assistant City Attorney For City Attorney Page 2of2 Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/21/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 2012 Parks and Recreation Summer Food Program CAPTION: A. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. B. Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. C. Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen years; and declaring an emergency. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. The Texas Department of Agriculture provides grant funds for the Summer Food Program. There is no required local match for this grant. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $250,000 $250,000 BALANCE $250,000 $250,000 Fund(s): Grant Fund 1067 Comments: none RECOM MENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution, Ordinance, Notice of Program Approval, Interlocal Agreement with CCISD Page 1 of 2 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, is authorized to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Page 2of2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Page 1 of 3 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home -rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring summer recreational programs for children from June 18, 2012, to August 10, 2012, at which food will be served (Summer Food Program); and WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of milk and juice (hereinafter collectively referred to as Meals), to the City for a fixed fee. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 18, 2012 and ends August 10, 2012. 2. Consideration. The City shall pay the District $3.00 per lunch meal and $.70 per snack meal. 3. Billing. The District shall bill the City on a monthly basis for all Meals provided to the City. The City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 4. Nutritional Assurances. The District assures that each Meal will meet the minimum nutrition value and content requirements, in accordance with the Texas Department of Agriculture FY 2012 Summer Food Service Program regulations. 5. Recordkeeping. A. The District must maintain full and accurate records including, but not limited to, the following: 1. Menu records (Menu Records), including the amount of food prepared; and 2. Meal records (Meal Records), including the daily number of Meals delivered by type. B. The District must provide monthly reports of Menu Records and Meal Records to the City's Director of Programs, or designee, within ten business days following the end of each month during which Meals are provided. Page 2 of 3 C. The District must retain the Menu Records and Meal Records for 3 years and 90 days, or so long as an audit is in progress. The District must make all records and accounts pertaining to this Summer Food Program available to representatives of the United States Department of Agriculture and the General Accounting Office for audit or administrative review at a reasonable time and place. 6. Food Service Operations. The District will maintain its food service operations at the District's facility during the term of this Agreement as a part of the consideration. 7. Workers. The food service workers will continue to be the District's employees for the term of this Agreement and, therefore, subject to the District's board policies and regulations. Their salaries and benefits, if any, will be paid out of the City's consideration payments set out above. 8. Coordination. The City's Director of Parks and Recreation, or designee, shall place a weekly order with Jody Houston, the District's appointed representative, or designee, for the number of Meals by type needed, the sites at which the Meals are needed, and the time at which the Meals must arrive at each site. 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing Meals for the Summer Food Program sites and activity sites and is not for the benefit of any third party or individual. 10. Current Revenue. All money spent for this Summer Food Program through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make these agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2012. CITY OF CORPUS CHRISTI ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved � 17 , 2012 Lisa Aguilar ; . sistant City Attorney for the City ttorney Ronald L. Olson City Manager DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403 -0110 By: D. Sco E tiff Superintendent of Schools Approved as to Legal Form By: "?, John J. Janssen General Counsel for CCISD Date: 3 " as Date: 5'- -2-5- • 201.2-- Reviewed and Approved for Purchasing Compliance By.: Brian Direct cha ng and Distribution Date: 3/241a- AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/21/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3464 Lease renewal for CC Model Railroad Club for Louisiana Parkway building CAPTION: Ordinance authorizing the City Manager, or designee, to execute lease agreement with the Corpus Christi Model Railroad Club for use of the building at 821 Louisiana Parkway and adjacent grounds for three years; and declaration of emergency. BACKGROUND AND FINDINGS: The Corpus Christi Model Railroad Club (Club) has been leasing the property and building at 821 Louisiana Parkway for 17 years. The Club is a registered 501c -3 organization and has remained in compliance with the lease throughout its tenancy. ALTERNATIVES: Do not approve the lease agreement and request the Club vacate the premises. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: City Council must authorize the City Manager or his designee to execute the necessary documents to allow for a three -year lease agreement. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: This item will not have any impact on the operating budget. RECOMMENDATION: Staff recommends approval of lease agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance, Lease Ordinance authorizing the City Manager, or designee, to execute a three -year lease agreement with Corpus Christi Model Railroad Club for the use of City property at 821 Louisiana Avenue; and declaration of emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas that SECTION 1. That the City Manager or his designee is authorized to execute a three - year lease agreement with Corpus Christi Model Railroad Club for use of City property at 821 Louisiana Avenue. A copy of the lease is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 1 LEASE AGREEMENT BETWEEN TILE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI MODEL RAILROAD CLUB. C. STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease ("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager, or designee ("City Manager"), and the Corpus Christi Model Railroad Club, Inc., a non-profit organization ("Lessee"), acting through its President, or President's duly authorized agent. WHEREAS, the City owns the building, facilities, parking lot area, and adjacent grass areas at 821 Louisiana Avenue, Corpus Christi, Nueces County, Texas, ("Premises"); and WHEREAS, the Lessee desires to utilize the Premises to conduct its activities for the benefit of Lessee's members and the public and to offer its members a facility in which to meet and conduct club-related activities only; NOW, THEREFORE, City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section I. Defmitions. A. City - City of Corpus Christi B. City Manager - City Manager of Corpus Christi or his designee C. Council - Corpus Christi City Council D. Director - Director of Park and Recreation Department or his designee E. Lease - This Lease Agreement, including all attached and incorporated Exhibits F. Lessee - The Corpus Christi Model Railroad Club, Inc. G. Premises - Building, facilities, parking lot area, and adjacent grass areas at 821 Louisiana Avenue, Corpus Christi, Nueces County, Texas, as shown on Exhibit "A" which is attached hereto and incorporated herein by reference H. Risk Manager - The City of Corpus Christi Risk Management Department Section 2. Term. City hereby leases the Premises, subject to all of the terms and conditions of this Lease, to the Lessee. The term of this Lease shall be for a period of three (3) years, beginning on the day after final Council approval, unless sooner terminated as set out herein, and extending thereafter as a month to month tenancy ("Holdover Period") upon the same terms and conditions as set out herein; provided, however, that the Holdover Period shall not exceed twelve months in length and the City Manager has the absolute right to terminate such tenancy upon thirty (30) calendar days notice. Section 3. Consideration. In consideration of City's Lease of the Premises to Lessee, Lessee shall regularly provide the public with an opportunity to view Lessee's model train displays. Lessee shall provide the Director with a schedule specifying the time and dates when the Premises 2 will be accessible to the public for viewing purposes. Section 4. Lessee Services and Responsibilities. A. City Use. If Lessee is not using the Premises, City has the right to use any or all the Premises for City purposes. Lessee shall not be entitled to any compensation, in whatever form, either tangible or intangible, for the City's use of the Premises. B. Maintenance. Lessee shall maintain the Premises in accordance with the schedule attached hereto and incorporated herein as Exhibit "B". If Lessee is unable to perform maintenance tasks as scheduled, or within a timely manner, the City Manager may terminate this Lease upon fifteen (15) days written notice to Lessee. C. Utilities. Lessee shall pay for all utilities related to usage of Premises, to include water, wastewater, solid waste, phone and electrical bills, prior to the due date. Failure to pay any utility bill(s) prior to the due date constitutes grounds for termination of this Lease. D. Voting Accommodations, The Premises may be used as a polling location for a variety of public elections. Any and all requirements, schedules, and demands by the respective agency for use of the Premises in connection with conducting the election must be observed by Lessee without exception, at no cost to said agency conducting the election. E. Insurance. Lessee must obtain and maintain the minimum insurance requirements set out in Exhibit "C", which is attached hereto and incorporated herein by reference, for the period of the Lease at Lessee's own expense. Lessee shall use an insurance company or companies acceptable to the City's Risk Management Department ("Risk Manager") and must furnish the Risk Manager with a Certificate of Insurance evidencing that such insurance is in effect. A copy of all insurance policies will be provided to the Risk Manager upon his/her written request. Lessee cannot begin operation under this Lease until it provides a Certificate(s) of Insurance for all required insurance to the Risk Manager. City provides property insurance coverage on the building; however, Lessee is responsible for insuring Lessee's own personal property which may be located at the Premises. Section 5. City Responsibilities. A. Capital Improvements. City may, from time to time, and in City's sole discretion, undertake capital improvements to the Premises. Prior to commencing any capital improvements, City shall notify Lessee, in writing, of the dates in which Lessee shall be required to vacate the Premises, should the Director deem this necessary. Lessee agrees that the term of this Lease shall not be prorated for the period in which Lessee is restricted from entering the Premises for the purposes of constructing capital improvements. Lessee acknowledges and understands that City shall have no obligation to provide an alternate location for Lessee during any period that Lessee must vacate the Premises. B. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation. Section 6. Default. The following shall constitute events of default: A. Failure to perform scheduled maintenance, in accordance with Exhibit "B ", and as required in Section 4B of this Lease. B. Failure to maintain any insurance required by Section 4E. C. Failure to pay utilities before the past due date, as stated in Section 4C. D. Failure to keep, perform, and observe all other promises, covenants and conditions contained in this Lease. Lessee shall be notified in writing of any default and shall have ten (10) days to cure the default. If the default is not cured or substantially cured within ten (10) days of receipt of the notice, Director shall terminate this Lease upon (10) days written notice to Lessee. Section 7. Concessions. Food and drink concessions and retail sales operations are specifically not included in this Lease. Section 8. Laws. Lessee shall comply with all applicable laws, ordinances, regulations, and rules of the federal, state, county, and City governments which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 9. Alterations. Lessee shall not make any additions nor alterations to improvement at Premises without the Director's prior written consent. Any permanent additions or alterations made by Lessee shall become the property of the City at the expiration of this Lease. Section 10. Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Section 11. Indemnity,. In consideration of allowing Lessee to use the Premises, Lessee, its officers, members, employees, representatives, and agents (collectively, " Indemnitors") covenant to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees ("Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage, or any other kind of injury or damage, including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with Lessee's use of the Premises and all activities associated therewith pursuant to this Lease, regardless of whether such injuries, death, or damages are caused, or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not if caused by the sole negligence of Indemnitees unmixed with the fault of any other person or entity. 4 Lessee covenants and agrees that it City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 12. Assignment. This Lease may not be, in whole or in part, assigned or transferred directly or indirectly without the prior written consent of the City. Section 13. Nondiscrimination. Lessee covenants that all its members, guests, and the public shall be treated equally without regard to or because of race, religion, national origin, marital status, sex, age, or disability and in compliance with all federal and state laws prohibiting dis- crimination in employment. Section 14. Attorney's Fees. If any action or proceeding is brought to take possession of the Premises, or to enforce compliance with the Lease, or for failure to observe any of the covenants of the Lease, Lessee must pay the City such sum as a court of competent jurisdiction may ad- judge reasonable as attorney's fees in said action or proceeding or in the event of an appeal as allowed by an appellate court if a judgment is rendered in favor of the City. Section 15. Termination. Either City or Lessee may terminate this Lease without cause by giving forty-five (45) days written notice to the non-terminating party by any method set out in Section 16. Section 16. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; or, (4) by deposit with an overnight express delivery service, for which service has been prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director, Park and Recreation P. 0. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3464 IF TO LESSEE: Corpus Christi Model Railroad Club, Inc. Attn: President P. 0. Box 6471 Corpus Christi, Texas 78466-6471 Either party may change the address to which notice is sent by using a method set out above. 5 Lessee will notify City of an address change within thirty (30) days after the address is changed. Section 17. Waiver. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach, nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 18. Modifications. No changes or modifications to this Lease may be made, nor any provision waived, unless in writing and signed by a person authorized to sign agreements on be- half of each party. Section 19. Inspection. Any officer or authorized employee of City may enter upon Premises, at all reasonable times and without notice, to determine whether Lessee is providing the maintenance required by Section 4B to the items in Exhibit "A" and in accordance with the schedule set out in Exhibit "B", or for any other purpose incidental to City's retained rights of Premises. Section 20. Signs. Lessee shall not place, paint, post, or otherwise affix any signs at, on, or about the Premises, or any part thereof, without the Director's prior written approval. City may require Lessee to remove, paint, or repair any signs allowed. If Lessee does not remove, paint, or repair the signs within ten (10) days of demand thereof in writing, the City may remove, paint, or repair the signs and bill Lessee for the cost. Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City. If payment is not timely made, City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days written notice to Lessee. Section 21. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 22. Captions. The captions employed in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. Section 23. Interpretation. This Lease will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 24. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises, and representations, unless contained in this Lease, are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Exhibit "B", Section 3, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits, of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any pro- vision of this Lease does not render the other provisions unenforceable, invalid, or illegal. 6 Section 25. Severabilitv. If, for any reason, any section, paragraph, subdivision, clause, pro- vision, phrase, or word of this Lease is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not effect any other section, paragraph, subdivision, clause, provision, phrase, or word of this Lease, for it is the definite intent of this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. Section 26. Surrender. Upon expiration or cancellation of this Lease, Lessee shall return Premises to City in reasonably good condition, ordinary wear and tear excepted. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI By: By: Armando Chapa, City Secretary Ronald L. Olson, City Manager, or his designee Approved as to legal form this 3 day off-it '‘-4•3 , 2012. By: Lisa Aguilar, Ai2tant City Attorney For the City Attorney CORP S CHRISTI t DEL RALLROAD CLUB, INC. By: N Title: Presid nt Date: 7 EXHIBIT "A" ST. 8 EXHIBIT " CORPUS CHRISTI MODEL RAILROAD CLUB, INC. MAINTENANCE SCHEDULE AND RULES — 821 LOUISIANA AVENUE Section 1. Lessee shall maintain the Premises at all times during the term of this Lease in a clean and sanitary condition and, at the expiration of Lease, shall return said Premises to City M reasonably good condition, ordinary wear and tear and acts of God, excepted; and fire and flood damage or destruction, where Lessee is without fault, excepted. Section 2. Lessee shall conform to the following rules set out by the Director for the maintenance of said Premises for the term of this Lease: (a) Maintenance shall include litter pickup, mowing of grass areas on Premises, as shown in Exhibit "A", and keeping building and parking lot areas in a good state of repair. (b) Litter on the Premises shall be picked up at least three (3) times weekly during the term of this Lease. (c) No grass on the grounds shall exceed 6" in height. (d) If Director provides written notice to Lessee of necessary maintenance, Lessee shall have ten (10) days to complete said maintenance. If said maintenance is not completed, Director may undertake said maintenance and bill Lessee for the cost. Lessee shall pay said billed costs within thirty (30) days of receipt of invoice from City. If payment is not timely made, City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may terminate this Lease upon ten (10) days written notice. Section 3. The Director may, at any time during the term of this Lease, promulgate such additional and reasonable maintenance rules as may be necessary for the efficient and safe operation of the Premises. Director will notify Lessee, in writing, at least ten (10) days prior to the implementation of any new rule(s) under this Lease. 9 EXHIBIT "C" 1. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured on the General liability policy, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $500,000 COMBINED SINGLE LIMIT (When applicable) LIQUOR LIABILITY COVERAGE If liquor being served $1,000,000 COMBINED SINGLE LIMIT Property Coverage Lessee will be responsible for any and all damage to equipment used regardless if owned, rented, leased or borrowed. WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable when employs paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT $500,000 /$500,000 /$500,000 10 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon • request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 11 • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, 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 agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm @cctexas.com (361) 826 -1972 Execute Geotechnical Services Agreement J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013 Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013 CAPTION: A. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $89,500 for the J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013. B. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $108,100 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013. PURPOSE: The purpose of this Agenda Item is to execute the geotechnical services agreement for the Landfill Groundwater Monitoring FY 2012 -2013: J. C. Elliott Landfill and Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) requires the installation and monitoring of groundwater monitoring wells around solid waste landfills. TCEQ regulations require groundwater monitoring continue in accordance with the Groundwater Monitoring and Sampling Plan approved TCEQ Landfill Permit for the Cefe Valenzuela Landfill. Monitoring is required for the operational life of the landfill and for a period of thirty (30) years after final closure. The monitoring ensures there is no migration of leachate off the landfill site. Landfill cells are designed to prevent the flow of groundwater into and out of disposal cells. Modern disposal cells are constructed with liners and leachate collection system to allow any water to be collected for treatment. C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL_6_12_2012 0057 1 48AC1917- 13A3- 4E12- 866A- 291B0C9C96C3.DOCX J. C. Elliott Landfill Monitoring Contract — There are twenty -three (23) groundwater monitoring wells at the J. C. Elliott Landfill that will be sampled during FY 2012 -2013. The Ground Water Sampling and Analysis Plan (GWSAP) sets for the sampling requirements and procedures sampling and analysis. The GWSAP requires semi - annual detection monitoring of the groundwater wells commencing in January 2013. After each detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. Kleinfelder will sample the 23 -well system for the total metals and volatile organic compounds specified in the current GWSAP in Exhibit "A ", Page 4 of 5, of the Agreement. After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases in the total metals and volatile organic compounds have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements. Kleinfelder will conduct verification sampling of the well(s) in which statistically significant increases occurred. Cefe Valenzuela Monitoring Contract — There are thirty (30) groundwater monitoring wells located at Cefe Valenzuela Landfill that will be used for the FY 2012 -2013. Kleinfelder will conduct detection monitoring sampling of landfill monitor wells in August 2 -12 and will prepare the 2012 Annual Ground Water Monitoring Report. Kleinfelder will conduct a second monitoring event in February 2013. Kleinfelder will conduct background monitoring at five wells in August 2012 and November 2012, and will prepare a statistical analysis of the data to determine background limits. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases in the total metals and volatile organic compounds have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements. Kleinfelder will conduct verification sampling of the well(s) in which statistically significant increases occurred. ALTERNATIVES: TCEQ requires all testing and certifications for landfills to be provided by independent third parties. Staff does not possess the expertise to perform the required sampling, laboratory testing, and preparation of required TCEQ reports. CONFORMITY TO CITY POLICY: The agreements and selection process comply with the Professional Procurement Act and City Policy. The agreements will allow the City to comply with the Landfill Operating Permits and Ground Water Sampling and Analysis Plans approved by TCEQ for the J. C. Elliott Landfill and Cefe Valenzuela Landfill. Kleinfelder was selected based upon qualifications, working knowledge and previous coordination with TCEQ concerning groundwater monitoring at J. C. Elliott Landfill and Cefe Valenzuela Landfill. EMERGENCY / NON - EMERGENCY: Not applicable C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL_6_12_2012 0057 1 48AC1917- 13A3- 4E12- 866A- 291B0C9C96C3.DOCX DEPARTMENTAL CLEARANCES: Solid Waste Services FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $197,600.00 $197,600.00 BALANCE Fund(s): General Fund Comments: The agreements will result in the expenditure of an amount not to exceed $197,600 during FY 2012 -2013. Funds have been requested in the proposed budget to cover these projects. RECOMMENDATION: City staff recommends that the geotechnical services agreements be awarded to Kleinfelder of Corpus Christi, Texas for Landfill Groundwater Monitoring FY 2012 -2013, in the amount of $89,500 for the J. C. Elliott Landfill, and $108,100 for the Cefe Valenzuela Landfill, for a total amount of $197,600. LIST OF SUPPORTING DOCUMENTS: Location Map C: \PROGRAM FILES \G RAN ICUS \ LEG I STARS \ PACKET \961 CITY COUNCIL_6_12_2012 0057 1 48AC1917- 13A3- 4E12- 866A- 291B0C9C96C3.DOCX File: \Mproject\ councilexhibits \exhE12046— E12047.dwg NUECES BAY AGNES MORGAN CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS/ CHRISTI J.C. ELLIOTT LANDFILL F.M. 43 NUECES COUNTY F.M. 665 \ FM 2444 CEFE F. VALENZUELA LANDFILL LOCATION MAP PROJECT #E12046 & E12047 NOT TO SCALE APPROVAL OF CONTRACTS FOR LANDFILL GROUND WATER MONITORING SERVICES FOR J.C. ELLIOT AND CEFE VALENZUELA FOR 2012 -2013 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ AGREEMENT for Geotechnical Engineering Testing Services This AGREEMENT is between the City of Corpus Chhsh. Texas, a Texas home-rule municipal corporation ("CITY), acting through its duly authorized City Manager ordesignee ("City Engineer"), and KLEINFELDER a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Emad Al Turk, P. E., Vice President which agree as follows: 1. DECLARATIONS: "c}TY^ desires to engage "LAB" to provide services in connection with City's project described as foliows J C Elliott LandfiII Groundwater Monitorinq FY 2012-2013 (Proect No E12046 ("PROJECT). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A' and the Terms and Conditions to AGREEMENT attached as Exhthit C 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit W, Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $89,500.00 (Eighty Nine Thousand Five Hundred Dollars and Zero Cents) 4i INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit -B" 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI Oscar R. Martinez, (Date) Assistant City Manager RECOMMENDED f �� / J�~~�L-- Daniel BUen.P.Ei (Date) I erim Directo of Engineering Services 05- %'3.207_~- ' 'v Operating Department (Date) APPROVED AS TO FORM Office of Mena ement and Eldget / Legal Department (Date) (Date) Project No, B204 Fund Source No. 63OOOD-1O2O-12538-E12Q4G Encumbrance No. KLEINFELDER Enna k, P. E., Vice President 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854-4774 Office (361) 854-4924 Fax Juaunn` 120.46 JceuIOnwwonuaxuvwoW^rsnmowvonwn2012-20131GeorsoxwCAe ENGINEERING TESTING SERVICES kto,ntelder doc. KLEINFELDER Bright Peep, it. Right Solutions, April 27, 2012 Proposal No. 124942 City of Corpus Christi 2525 Hygeia P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attention: Mr. Lawrence Mikolajczyk Director, Solid Waste Operations SUBJECT: 2012-2013 Groundwater Monitoring and Related Services J. C. Elliott Landfill Corpus Christi, Texas Dear Mr. Mikolajczyk: We are pleased to submit the following proposal for professional environmental services. This proposal presents the scope of work for expanded groundwater monitoring, and was developed on the basis of our discussions and review of our scope of work/cost during the last two years of groundwater monitoring at the J. C. Elliott Landfill. If a portion of this proposal does not meet your project needs, or if those needs have changed, Kleinfelder is prepared to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications, such as changes in scope, methodology, scheduling, and contract terms may result in changes to the quality of the assessments, as well as adjustment to our fees. SCOPE OF BASIC SERVICES Performance Period The services proposed herein will be performed for the City of Corpus Christi fiscal year beginning August 1, 2012 and ending July 31, 2013. Project Summary This is a proposal for ground water monitoring and related services at the J. C. Elliott Landfill. Kleinfelder will prepare the annual monitoring report for the monitoring year ending with the July 2011 detection monitoring event. For fiscal year 2013, Kleinfelder 124942 / VVAC12P0239 Page 1 of 5 Copyright 2012 Kleinfelder 326 N. Industrial Drive, Waco TX 76710 p 254.754.0369 f 1 254,754.0478 April 27, 2012 EXHIBIT "A" Pa se 1 of 5 will conduct two detection monitoring events of landfill monitor wells on a semi - annual schedule commencing in February 2013. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. 2012 Reporting The 2012 detection monitoring year will be completed with the July 2012 event. Kleinfelder will prepare and submit the annual ground water monitoring report for calendar year 2012 in accordance with TCEQ regulations and the Ground Water Sampling and Analysis Plan. This report is due 90 days after the last sampling event and is presently estimated for submittal in October, 2012. Kleinfelder will transmit two paper copies and one electronic copy of the report to the City of Corpus Christi and 3 paper copies to the TCEQ. The estimated cost of this activity is $14,700. Ground Water Monitoring Table 1 shows the planned Detection Monitoring schedule for the performance period. Kleinfelder will sample the 23 -well system for the total metals listed and volatile organic compounds specified in the current Groundwater Sampling and Analysis Plan (GWSAP). Kleinfelder proposes to add the following to the analytical list: iron, manganese, alkalinity, nitrate - nitrogen, ammonia - nitrogen, and dissolved organic carbon. These will facilitate identification of geochemical processes that can mobilize metals, and may assist with preparing alternate source demonstrations when background is exceeded in a well. Kleinfelder also proposes to collect up to 4 samples from the landfill leachate collection system to characterize the waste in terms of monitored constituents. These data may also assist in preparation of alternate source demonstrations and contaminant fate and transport modeling, and to justify removal of monitored constituents that are not present in the waste leachate. Following each detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. The estimated cost of this activity is $57,600. 124942 / WAC12P0239 Page 2 of 5 Copyright 2012 Kleinfelder April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1 254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 2 of 5 Table 1 Planned 2012 Sampling Schedule Event Type January 2013 July 2013 Detection Wells: MW 1 -2, 4 -5, 7, 12, 16- 32 Wells MW 1 -2, 4 -5, 7, 12, 16 -32 Total Sampled 23 wells 23 wells Verification Re- sampling After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases (SSIs) have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements as described above. Kleinfelder will conduct verification sampling of the well(s) in which SSIs occurred. The proposed verification re- sampling budget allows for travel time and up to 1 day of sampling per re- sampling event (up to two annually) and an analytical budget of up to $500 per event. The estimated cost for this activity is $12,200. Consulting Services Consulting Services includes activities not specifically related to the collection, analysis, and reporting of data, such as permit modifications, alternate source demonstrations, and responding to TCEQ inquiries, notices of deficiency, notices of violation, or other unanticipated. In addition, Kleinfelder may lend its expertise in others matters related to groundwater, as requested by the City of Corpus Christi. The estimated cost for these services is $ 5,000. Schedule This proposal is for continuation of work initiated under an existing contract with the City of Corpus Christi. The approximate schedule of events by quarter is presented in Table 2. 124942 / WAC12P0239 Page 3 of 5 Copyright 2012 Kleinfelder 326 N. Industrial Drive, Waco TX 76710 p 1 254.754.0369 f 1254.754.0478 April 27, 2012 EXHIBIT "A" Page 3 of 5 Table 2 — Schedule Fiscal Year Quarter Planned Activity 2012 (current contract) 4, May -July 2012 Conduct semiannual sampling event in July, completing FY 2012 contract activity 2013 (this proposal) 1, Aug -Oct, 2012 Evaluate data; conduct notification and verification sampling / alternate source demonstration as necessary. Prepare annual monitoring report. 2, Nov 2012 -Jan 2013 1st semiannual detection monitoring event of FY 2013 contract in January 2013 3, Feb -Apr 2013 Evaluate data; conduct notification and verification sampling / alternate source demonstration as necessary. 4, May - July 2013 2nd semiannual detection monitoring event in July 2013 Assumptions and Exclusions 1. Sampling labor estimates for detection monitoring are based on sampling all wells in 5 days. The assumed sampling rate may or may not be realized due to weather delays, equipment failures, or other unforeseen events. 2. The extent of Consulting Services required during the project year cannot be fully anticipated. The budget should be understood to mean that Kleinfelder will provide these services up to the budgeted amount at our rates existing at the time of the service. 3. The budget does not include meetings. Costs for time spent, travel, and preparation for meetings are an additional expense. 4. The budget anticipates a limited amount of time to respond to comments and requests for additional information from TCEQ. Excessive requests for information will be an additional expense. ADDITIONAL SERVICES The following services are not included in the Basic Services and will be considered as Additional Services, if required or requested: • Meetings /interviews other than those described in the Basic Services. • The services of specialty subconsultants or other special outside services other than those described in Basic Services. • Any other services not specifically included in Basic Services. 124942 / WAC12P0239 Page 4 of 5 Copyright 2012 Kleinfelder April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 4 of 5 DELIVERABLES Two signed, bound copies and one electronic copy of the annual report will be prepared and transmitted to the City of Corpus Christi. In addition, we will submit three copies of the annual report to the TCEQ. COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $89,500. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission. AUTHORIZATION Your standard service agreement can be used to authorize these services. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or need additional information, please do not hesitate to call. We are committed to assist the City to ensure the success of this project. Sincerely, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firm - F5592 z o': Hen L. Fleischhauer, P.G. Field Project Manager 124942 / WAC12P0239 Copyright 2012 Kleinfelder M/kek. CA, Winfield L. McAtee, P.G. Project Manager Page 5 of 5 April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 5 of 5 Exhibit B Mandatory Requirements INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its officers, agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused by Consultant's negligent or alleged negligent performance of services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder, but in no event shall Consultant be required to indemnify, save harmless and defend the City of Corpus Christi for its sole or concurrent negligence. Neither party shall be liable to the other for consequential damages, including but not limited to loss of profits, loss of use, incidental, indirect, collateral, punitive, exemplary, multiple or other special damages. TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB ", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY'S policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "C" Page 1 of 3 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY ". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. r-- Coy of CChhnsti SUPPLIER NUMBER TO BE ASSIGNED BY CTTY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every,questionmust be answered. If the question is not applicable, answer with NA ". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: Kleinfellder P. O. BOX: STREET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association U S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an **ownership interest" constituting 3% or more of the ownership in the above named "firm." AName Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an **ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of-the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Emad Al Turk, P. E. Title: Vice President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: Z _ /o • /z.. a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee" Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads. and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate. or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: June 12, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb @cctexas.com (361) 826 -3729 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm @cctexas.com (361) 826 -1972 Execute Geotechnical Services Agreement J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013 Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013 CAPTION: A. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $89,500 for the J. C. Elliott Landfill Groundwater Monitoring FY 2012 -2013. B. Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kleinfelder of Corpus Christi, Texas in the amount of $108,100 for the Cefe Valenzuela Landfill Groundwater Monitoring FY 2012 -2013. PURPOSE: The purpose of this Agenda Item is to execute the geotechnical services agreement for the Landfill Groundwater Monitoring FY 2012 -2013: J. C. Elliott Landfill and Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) requires the installation and monitoring of groundwater monitoring wells around solid waste landfills. TCEQ regulations require groundwater monitoring continue in accordance with the Groundwater Monitoring and Sampling Plan approved TCEQ Landfill Permit for the Cefe Valenzuela Landfill. Monitoring is required for the operational life of the landfill and for a period of thirty (30) years after final closure. The monitoring ensures there is no migration of leachate off the landfill site. Landfill cells are designed to prevent the flow of groundwater into and out of disposal cells. Modern disposal cells are constructed with liners and leachate collection system to allow any water to be collected for treatment. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \961 CITY COUNCIL 6 12 2012 \0058 1 05F944D7- F3FE- 4A79- 9C90- 76F1252F14F4.DOCX J. C. Elliott Landfill Monitoring Contract — There are twenty -three (23) groundwater monitoring wells at the J. C. Elliott Landfill that will be sampled during FY 2012 -2013. The Ground Water Sampling and Analysis Plan (GWSAP) sets for the sampling requirements and procedures sampling and analysis. The GWSAP requires semi - annual detection monitoring of the groundwater wells commencing in January 2013. After each detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. Kleinfelder will sample the 23 -well system for the total metals and volatile organic compounds specified in the current GWSAP in Exhibit "A ", Page 4 of 5, of the Agreement. After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases in the total metals and volatile organic compounds have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements. Kleinfelder will conduct verification sampling of the well(s) in which statistically significant increases occurred. Cefe Valenzuela Monitoring Contract — There are thirty (30) groundwater monitoring wells located at Cefe Valenzuela Landfill that will be used for the FY 2012 -2013. Kleinfelder will conduct detection monitoring sampling of landfill monitor wells in August 2 -12 and will prepare the 2012 Annual Ground Water Monitoring Report. Kleinfelder will conduct a second monitoring event in February 2013. Kleinfelder will conduct background monitoring at five wells in August 2012 and November 2012, and will prepare a statistical analysis of the data to determine background limits. Kleinfelder will conduct verification resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases in the total metals and volatile organic compounds have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements. Kleinfelder will conduct verification sampling of the well(s) in which statistically significant increases occurred. ALTERNATIVES: TCEQ requires all testing and certifications for landfills to be provided by independent third parties. Staff does not possess the expertise to perform the required sampling, laboratory testing, and preparation of required TCEQ reports. CONFORMITY TO CITY POLICY: The agreements and selection process comply with the Professional Procurement Act and City Policy. The agreements will allow the City to comply with the Landfill Operating Permits and Ground Water Sampling and Analysis Plans approved by TCEQ for the J. C. Elliott Landfill and Cefe Valenzuela Landfill. Kleinfelder was selected based upon qualifications, working knowledge and previous coordination with TCEQ concerning groundwater monitoring at J. C. Elliott Landfill and Cefe Valenzuela Landfill. EMERGENCY / NON - EMERGENCY: Not applicable C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \961 CITY COUNCIL 6 12 2012 \0058 1 05F944D7- F3FE- 4A79- 9C90- 76F1252F14F4.DOCX DEPARTMENTAL CLEARANCES: Solid Waste Services FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $197,600.00 $197,600.00 BALANCE Fund(s): General Fund Comments: The agreements will result in the expenditure of an amount not to exceed $197,600 during FY 2012 -2013. Funds have been requested in the proposed budget to cover these projects. RECOMMENDATION: City staff recommends that the geotechnical services agreements be awarded to Kleinfelder of Corpus Christi, Texas for Landfill Groundwater Monitoring FY 2012 -2013, in the amount of $89,500 for the J. C. Elliott Landfill, and $108,100 for the Cefe Valenzuela Landfill, for a total amount of $197,600. LIST OF SUPPORTING DOCUMENTS: Location Map C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \961 CITY COUNCIL 6 12 2012 \0058 1 05F944D7- F3FE- 4A79- 9C90- 76F1252F14F4.DOCX File: \Mproject\ councilexhibits \exhE12046— E12047.dwg NUECES BAY AGNES MORGAN CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS/ CHRISTI J.C. ELLIOTT LANDFILL F.M. 43 NUECES COUNTY F.M. 665 \ FM 2444 CEFE F. VALENZUELA LANDFILL LOCATION MAP PROJECT #E12046 & E12047 NOT TO SCALE APPROVAL OF CONTRACTS FOR LANDFILL GROUND WATER MONITORING SERVICES FOR J.C. ELLIOT AND CEFE VALENZUELA FOR 2012 -2013 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ AGREEMENT for Geotechnical Engineering Testing Services This AGREEMENT i md^ Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or de' nme ("City Engineer), and KLE|NFELDER. a Texas corporation or partnership (^LAB^), acting through its duly authorized representative who is Emad Al Turk, P. E., Vice President which agree as follows: 1 DECLARATIONS: "CITY" desires to engage ~LAB" to provide services in connection with City's project, desoribmdam follows- Cefe Valenzuela Landfill Groundwater Monitoring FY 2012-2013 (Proiect |Wo. E12047) ("PROJECT"). Z SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as Exhibit C 3, FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A', Scope of Services and Fee Schedule under this AGREEMENT a total fee not to exceed $108.100-88 (One Hundred Eight Thousand One Hundred Dollars and Zero Cents 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indamnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". S. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowleUgo, based upon currently available infonnsodon. the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None' CITY OF CORPUS CHRISTI Oscar R. Martinez, Assistant City Manager RECOMMENDED (Date) 24 Daniel BUaa.P.E. (Date) ° Operating Depa mv APPROVED AS TO FORM (Date) Office of Management and Budget .41k Lege Department (Date) 6, 3.--1!')/ �v� Project No E12047 Fund Source No. S30003-1D2O'126O8'E12O47 Encumbrance No. Erna ur.P.E^ (Date) Vice President 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854-4774 Office (361) 854-4924 Fax ILL CEFE v^ewzusme,omrCEFswuEmzu IAomuummWATsnmum/ponmoz:2-20,zmeor cHmCAL ENGINEERING TESTING SERVICES doc (--"---***%\i-CLEWVIFELDE-it? aright People Right Solutions, April 27, 2012 Proposal No. 124941 Attn. Mr, Lawrence Mikolajczyk Director, Solid Waste Operations City of Corpus Christi 2525 Hygeia P.O. Box 9277 Corpus Christi, TX 78469- 9277 SUBJECT: Proposal to Provide Environmental Services 2012-2013 Groundwater Monitoring and Related Services Cefe Valenzuela Landfill Corpus Christi, Texas Dear Mr. Mikolajczyk: We are pleased to submit the following proposal for professional environmental services. This proposal presents the scope of work for expanded groundwater monitoring, and was developed on the basis of our discussions and review of our scope of work/cost during the last two years of groundwater monitoring at the Cefe Valenzuela Landfill, If a portion of this proposal does not meet your project needs, or if those needs have changed, Kleinfelder is prepared to consider appropriate modifications, subject to the standards of care to which we adhere as professionals. Modifications, such as changes in scope, methodology, scheduling, and contract terms may result in changes to the quality of the assessments, as well as adjustment to our fees. SCOPE OF BASIC SERVICES Performance Period The services proposed herein will be performed for the City of Corpus Christi fiscal year beginning August 1, 2012 and ending July 31, 2013, Project Summary This is a proposal for ground water monitoring and related services at the Cefe Valenzuela Landfill. Kleinfelder will conduct detection monitoring sampling of landfill monitor wells in August 2012 and will prepare the 2012 Annual Ground Water Monitoring Report. Kleinfelder will conduct a second monitoring event in February 2013. Kleinfelder will conduct background monitoring at five wells in August 2012 and November 2012, and will prepare a statistical analysis of the data to determine background limits. Kleinfelder will conduct verification 124941 / WAC12P0240 Page 1 of 5 Copyright 2012 Kleinfelder 326 North industrial Drive, Waco, TX 76710 p 1254 754.0369 f I 254,7540478 April 27, 2012 EXHIBIT "A" Pa e 1 of 5 resampling of wells exceeding background limits, prepare notices of exceedances, and submit results of resampling or alternate source demonstrations as necessary. Kleinfelder will continue quarterly methane monitoring. Ground Water Monitoring Table 1 shows the planned monitoring schedule for the performance period. Kleinfelder will sample the detection monitoring system for the total metals and volatile organic compounds specified in the current Ground Water Sampling and Analysis Plan (GWSAP). The 7 background event wells will be sampled for metals only. Kleinfelder proposes to add the following to the analytical list: iron, manganese, alkalinity, nitrate - nitrogen, ammonia - nitrogen, and dissolved organic carbon. These will facilitate identification of geochemical processes that can mobilize metals, and may assist with preparing alternate source demonstrations when background is exceeded in a well. Kleinfelder also proposes to collect up to 4 samples from the landfill leachate collection system during the August and February events to characterize the waste in terms of monitored constituents. These data may also assist in preparation of altemate source demonstrations, contaminant fate and transport modeling, and to justify removal of monitored constituents that are not present in the waste leachate. Following each detection monitoring event, Kleinfelder will compare the results with background values, and if exceedances occur, Kleinfelder will prepare notification reports to send to TCEQ. The estimated cost of this activity is $63,700. Table 1- Planned 2012 -13 Sampling Schedule Event Type August 2012 February 2013 Detection 23 Wells: MW 1 -14, 40-44 Wells MW 1 -19, 40-46 Background 7 Wells: MW 15 -19, 45-46 Total Sampled 30 wells 30 wells Verification Re- sampling After each detection monitoring event, Kleinfelder will evaluate data to determine if statistically significant increases (SSIs) have occurred. In the event that such changes have occurred, Kleinfelder will notify the TCEQ in accordance with the requirements as described above. Kleinfelder will conduct verification sampling of the well(s) in which SSIs occurred. The proposed verification re- sampling budget allows for travel time and up to 1 day of sampling per re- sampling event (up to two annually) and an analytical budget of up to $500 per event. The estimated cost for this activity is $12,200. 124941 / WAC12P0240 Page 2 of 5 Copyright 2012 Kleinfelder April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p 1254.754.0369 f 1254.754.0478 EXHIBIT "A" Page 2 of 5 2012 Reporting The 2012 monitoring year will end with the August 2012 background monitoring event. Kleinfelder will prepare and submit the annual ground water monitoring report for calendar year 2012 in accordance with TCEQ regulations and the Ground Water Sampling and Analysis Plan. This report is due 90 days after the last sampling event and is presently estimated for submittal in November, 2013. Kleinfelder will transmit two paper copy and one electronic copy of the report to the City of Corpus Christi and 3 paper copies to the TCEQ. The estimated cost of this activity is $14,700. Statistical Analysis of Background Data Upon completion of the background monitoring in the 7 new wells, groundwater data will be statistically evaluated with DUMPStat software that has been used previously for the landfill's ground water data. A report containing a description of the software, approach, upper background limits determined from the analysis and details of the evaluation will be prepared and submitted to the TCEQ. The estimated cost of this activity is $8,500. Methane Monitoring Kleinfelder will conduct quarterly methane monitoring at the Cefe Valenzuela Landfill. A LandTech meter will be used to test methane levels in 16 perimeter gas monitoring probes, 3 gas pipeline vents and 5 onsite structures. Data will be transmitted via letter report to the City. The estimated cost for this activity is $4,000. Consulting Services Consulting Services includes activities not specifically related to the collection, analysis, and reporting of data, such as permit modifications, alternate source demonstrations, and responding to TCEQ inquiries, notices of deficiency, notices of violation, or other unanticipated costs. In addition, Kleinfelder may lend its expertise in others matters related to groundwater, as requested by the City of Corpus Christi. The allowed cost for these services, if required, is $ 5,000. Schedule The approximate schedule of events by quarter is presented in Table 2. 124941 / WAC12P0240 Page 3 of 5 Copyright 2012 Kleinfelder April 27, 2012 KLEINFELDER 326 North Industrial Drive, Waco, TX 76710 p1254.754.0369 f 1 254.754.0478 EXHIBIT "A" Page 3 of 5 9 JO y abed «V,,1I9IHX3 8LVO t'SL'tSZ 11 69£037SL'bSZ I d 0LL9L Xl 'meM `anua leulsnpuI ypoN 9Z£ tlEO13JNI31)I ZLOZ 'LE IlJdy JappluiaiN ZIOZ IU6uAdoa 9 ;o ti abed 0PZOdZLOWM / l46bZl. •seo/nUas oiseg ul papnloul igleoWoads lou sao!AJas Jay ;o !uy • •seoIAJes olseg ul paquosap asoy; uegl Jay ;o seo!AJas apis ;no goads Jaylo Jo s ;ue ;Insuoogns illieloads saolnuas aqi • •seoiivas oiseg ay; ul paquosap asoy; uegl Jaylo sma!AJa ;uys6unaaIN • :pa ;sanbai Jo paJlnbaJ jl 'seoi,ues ieuor;ippy se paJaplsuoo aq II!M pue seosAJas oiseg ayl ul papnloul lou aJe sao!AJeS 6ulnnollo; aqi S33IA113S ivN0I1104v •asuadxa Ieuol ;lppe ue aq Illnn uol ;ewJOOul Joj s ;sanbai anlsseox3 •03Q1 woJj uoneWJOJuI leuol;lppe Job sJsanbaJ pue s ;uawwoo o; puodsaJ o; awl; jo ;unowe pallwli e saledlonue ;a6pnq ay! •asuadxa Ieuolllppe ue aJe s6ul ;aew Jo; uol;eJedaJd pue lanai; ' ;ueds awl; Jo; slso0 -s6upeaw apnpul ;ou saop la6pnq eqj -aoyuas ay ; ;o awn ay ; 6ul;slxa semi Jno ;e;unowe la6pnq ay; o; do sao!AJas asay; apinoJd limn JapiaJulapl leg' ueaw of poo ;siapun aq pinoys pa ;a6pnq ow_ •paledlopue Alin; aq louueo Jea,t ;oafoJd ayl 6ulJnp pannbeJ se plies 6unlnsuo3 Jo ;ua;xa aqi 'sluene uaasaio}un Jaylo Jo 'saJn11ee ;uawdmba `sieiap Jay ;earn o; anp pazlleaJ aq ;ou stew JO I(ew a)BJ 6ugdwes pawnsse aqi •Aep Jed sham 6ulldwes uo paseq aJe salewllsa Jogel 6ulidweg -L '£ suolsnlox3 pue suogdwnssy •6uuouuow auey ;aw buapenb onpuo0 •pa;senbaJ se 6ul ;Insuoo Jeul0 EIOZ AInf • AeW 'b (Iesodojd sly3) £LOZ •6uuo ;luow auey ;aw AIJepenb ;onpuo0 •fuesseoeu se '6ulldwesaJ uoneoIuen pue uoneoyl ;ou pnpuoo :ewp a ;enlen3 •AJenJgad ul ;uana 6uuopuow uol ;oa ;ap Ienuuelwas pUZ E LOZ AV-qad 'E •6uuopuow auey ;ew AIJapenb ;onpuo0 •podai uogenlene leonsl ;e ;s pue podej 6uuoiiuow ienuue eiedaJd • ;uana 6uuo;luow punaapeq pnpuo0 ELOZ Uef-ZLOZ noN 'Z •6uuoiluow euey;aw itiJapenb ;onpuo0 'kesseoeu se '6ulldwesaJ uogeopen pue uol ;eoynou ;onpuoo :e ;ep a ;enien3 • ;sn6ny ul ;oeJ ;uoo E I.OZ Ad to ;uana 6uuo ;Iuow uol ;oalep Ienuuelwas ESL Z LOZ '130 -6ny ' l /4lnooy pauueld Jepeno JeaA Ieosld elnPayoS — Z algal DELIVERABLES Two signed, bound copies and one electronic copy of the annual report will be prepared and transmitted to the City of Corpus Christi. In addition, we will submit three copies of the annual report to the TCEQ. COMPENSATION Kleinfelder proposes to perform the Basic Services on a Time and Materials basis for $108,100. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfeider's express permission. AUTHORIZATION Your standard service agreement can be used to authorize these services, We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or need additional information, please do not hesitate to call. We are committed to assist the City to ensure the success of this project. Best regards, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firrn — F5592 e: C7 Hen L. Fleischhauer, P.G. Field Project Manager 124941 / VVAC12P0240 Page 5 of 5 Copyright 2012 Kleinfeleter 4( /71: i iW field L. McAtee, P.C., Project Manager April 27, 2012 KLEINFELDER 326 North ndustria[ Drive, Waco, TX 76710 p12547540369 f 1 2 54,754.0478 EXHIBIT "A" Pa .e 5 of 5 Exhibit B Mandatory Requirements INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its officers, agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused by Consultant's negligent or alleged negligent performance of services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder, but in no event shall Consultant be required to indemnify, save harmless and defend the City of Corpus Christi for its sole or concurrent negligence. Neither party shall be liable to the other for consequential damages, including but not limited to loss of profits, Toss of use, incidental, indirect, collateral, punitive, exemplary, multiple or other special damages. TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB ", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "C" Page 1 of 3 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY ". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. SUPPLIER NUMBER TO BE ASSIGNED BYcrr PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Chnsti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every,question must be answered. If the question is not applicable, answer with NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Kleinfelder P. O. BOX: STREET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi ZIP: 78416 FIRM IS: I. Corporation X, 2. Partnership e 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or anach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an **ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any maner related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." AName Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Emad Al Turk, P. E. (type or Pant) Signature of Certifying Person: Title: Vice President DEFINITIONS Date: - /0 'n- a. "Board member." A member of any board, commission. or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional. industrial or commercial, and whether established to produce or deal with a product or service. including but not limited to, entities operated in the form of sole proprietorship. as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate. or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM for the City Council Meeting of June 19, 2012 DATE: 5/24/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com; 826 -3464 Approval of Job Order Contract: Universal Little League Fencing CAPTION: Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $124,771.46 for fencing at the Universal Little League fields. (Bond Issue 2008) PURPOSE: To award a Job Order Contract to furnish the labor and materials necessary to install new fencing and replace old fencing at the Universal Little League fields. BACKGROUND AND FINDINGS: This sports complex is located along Greenwood Drive across the street from the Boys' and Girls' Club. It is part of the Manual Q. Salinas / Old State School property and home to the Universal Little League. This project will: - install 1,011 linear feet of new fencing along the edge of the parking lot to regulate the traffic flow within the designated areas, - replace 4,079 linear feet of original outfield fencing due to the age and condition of the material, - replace 1,880 linear feet of fabric on the backstop at three fields located in this area, and - install nine gates to control access to the fields. ALTERNATIVES: 1. The City Council options are to award this contract to the approved JOC Contractor (Barcom Commercial) or 2. Not award the contract OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: ➢ Allows a better defined scope with cost for the customer. ➢ Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. ➢ Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. ➢ Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and /or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding project procurement. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,292,500.00 $1,707,500.00 $0.00 $3,000,000.00 Encumbered / Expended Amount $1,292,500.00 $0.00 $1,292,500.00 This item $124,771.46 $124,771.46 BALANCE 0 $1,582,728.54 $1,582,728.54 Fund(s): Parks and Recreation Bond 2008. Sports Field Lighting and Other Improvements — City Wide Comments: This project will be funded out of Parks and Recreation Bond 2008 proceeds. The project will be completed in 70 days after the Notice to Proceed is issued. RECOMMENDATION: City Staff recommend the contract be awarded to Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $124,771.46 so the project may be completed in a timely manner. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Universal Little League Fencing Project No. E12035 June 19, 2012 FUNDS AVAILABLE: Park and Recreation Capital Improvement Budget (Bond 2008) $141,865.46 FUNDS REQUIRED: Construction (Barcom Commercial) $124,771.46 Contingencies (10 %) 12,477.00 Engineering Services (3.5 %) 4,367.00 Misc. (Printing, Advertising, etc.) 250.00 Total $141,865.46 Estimated Project Budget Balance $0.00 File : \ Mproject \councilexhibits \exhE12032.dwg PROJECT LOCATION AGNES MORG CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD. CORPUS CHRISTI Ip LOCATION MAP NOT TO SCALE Spio AY() DEL OSO MARTIN MIDDLE SCHOOL NATIONAL GUARD STATION PROJECT # E12032 SITE PLAN NOT TO SCALE Universal Little League Fencing CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com (361) 826-3729 CAPTION: Foster Crowell, Director of Wastewater Services fosterc@cctexas.com (361) 826 -1801 Approval of Contract for Professional Services: Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade (Project No. E10179) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with Freese and Nichols of Corpus Christi, Texas in the amount of $249,352.00 for the Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade. BACKGROUND AND FINDINGS: The existing Whitecap Wastewater Treatment Plant utilizes an ultra - violet (UV) disinfection system for the final effluent in order to comply with bacteria limits in the TCEQ discharge permit. The system was originally designed for the inactivation of E. coli. Since the plant discharges to saltwater, TCEQ now requires that enterococci be monitored for compliance with the discharge permit rather than E. coli. Enterococci bacteria are more difficult to inactivate than E. coli and often require a higher dosage of UV. The plant has periodically had difficulty meeting the enterococci limits. The purpose of this project is to upgrade the disinfection system to allow continuous compliance with the enterococci limits. Freese and Nichols Inc. was selected to perform this work because of their experience in designing multiple UV disinfection systems for wastewater treatment plants around the state of Texas. Freese and Nichols, Inc. is also providing peer review for the UV system on the New Broadway Wastewater Treatment Plant Project. The proposed project will design an upgrade for the existing disinfection system including larger UV modules, flow metering to flow pace the UV dosage, piping, instrumentation and control, electrical and miscellaneous items of work to provide a complete installation. ALTERNATIVES: 1. Award the contract to Freese and Nichols as proposed. 2. Do not award the contract to Freese and Nichols as proposed. C: \Program Files \G ranicus \Legistar5\ Packet \961_City Council_ 6 _ 12_2012 \0060 1 _62a689 1 f- edc4- 4a6a -b 5 cf -8 caa80a4f8b2. docx EMERGENCY / NON - EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $90,000.00 $720,000.00 $810,000.00 Encumbered /Expended Amt. This item $90,000.00 $159,352.00 $249,352.00 BALANCE FUNDS: Wastewater CIP Comments: The total design cost for the engineering services is $249,352. The total project budget with engineering services and reimbursements is $269,300.16. Engineering Design Services include design of upgrades to the UV disinfection system including UV modules, flow metering, instrumentation and control, and electrical. Design will be completed in approximately seven months. Construction procurement is anticipated in future out years under the Wastewater CIP Program. It is estimated that the construction costs will range between $2.5M - $3M. RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Freese and Nichols of Corpus Christi, Texas, in the amount of $249,352.00 for professional services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map A/E Contract C: \Program Files\Granicus\Legistar5\Packet\961_City Council_ 6 _ 12_2012 \0060 1 _62a689 1 f- edc4- 4a6a -b 5 cf -8 caa80a4f8b2. docx PROJECT BUDGET ESTIMATE WHITECAP WASTEWATER TREATMENT PLANT ULTRA - VIOLET (UV) DISINFECTION SYSTEM UPGRADE Project No. E10179 June 12, 2012 FUNDS AVAILABLE: Wastewater CIP $810,000.00 FUNDS REQUIRED: Construction (estimate) TBD Contingency (10 %) TBD Consultant Fees: Consultant (Freese and Nichols) 249,352.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 6,857.18 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 8,727.32 Finance Reimbursements 3,116.90 Misc. (Printing, Advertising, etc.) 1,246.76 TOTAL $269,300.16 ESTIMATED PROJECT BUDGET BALANCE $540,699.84 * Construction Observation Services not included in Freese and Nichols' consultant fee. TBD - To Be Determined \Mproject \councilexhibits \exhE10179.dwg N PROJECT #E10179 LOCATION MAP NOT TO SCALE Whitecap Wastewater Treatment Plant Ultra- Violet (UV) Disinfection System CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Freese and Nichols, Inc. (FNI), a Texas corporation, (Architect/Engineer — NE), hereby agree as follows: 1. SCOPE OF PROJECT Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade (Proiect No. E101791- The proposed project will replace the existing low - intensity low- pressure UV disinfection equipment with new UV disinfection equipment. The new UV equipment is needed to comply with the future enterococcus bacteria permit limits. The improvements will include electrical and instrumentation improvements required to support the UV disinfection improvements along with all the related accessories and appurtenances. Recommendations for improvements in addition to the UV disinfection equipment to comply with the future enterococcus bacteria permit limits will also be provided. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional 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, as described in Exhibit "A" and "A -1 ", 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. NE services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may Large A/E Contract Page 1 of 3 K1Engineenng OataExchangoWELMAPIWASTEWATER1E10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADE\1 CONTRACT PROFESSIONAL SERVICES.doc be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $249.352.00 (Two Hundred Forty Nine Thousand Three Hundred Fifty Two Dollars and 00/100). Monthly invoices will be submitted in accordance with Exhibit "D ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The NE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Large A/E Contract Page 2 of 3 KFEngineering OaiaExtlteng •AVEIMAP1WASTEWATER1E10179 WHRECAP WWTP UV DISINFECTION SYSTEM UPGRADB1 CONTRACT PROFESSIONAL SERVICES.doc 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Engineering Services. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached as Exhibit "C". CITY OF CORPUS CHRISTI FREE SE AND NICHOLS, INC. Oscar R. Martinez Date Assistant City Manager RECOMMENDED Daniel Biles, P.E. Date Interim Director of Engineering Services \-\ Foster Crowell, Date Director of Wastewater Services APPROVED AS TO FORM Office of Management Date and Budget City Attorney ATTEST ate Armando Chapa, City Secretary Ron Guzman, P.E. Date Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Fax Project No. E10179 Fund Source No 550950-4510-00000-E10179 Encumberance No. Large NE Contract Page 3 of 3 KAEN4nsanng DataE=hangtYsVELMAPWASTEWATERIEID179 WHITECAP VANTP UV DISINFECTION SYSTEM UPGRADED CONTRACT PROFESSIONAL SERVICES cloc EXHIBIT A CITY OF CORPUS CHRISTI WHITECAP WASTEWATER TREATMENT PLANT ULTRA - VIOLET (UV) DISINFECTION SYSTEM UPGRADE (PROJECT NO. E10179) 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following in addition to those items shown on Exhibit "A- 1" Task List. 1. Design Phase. The A/E Consultant will perform the following services under the design phase: a. Confer with the City staff regarding the design parameters of the Project. The A/E Consultant will participate in up to seven (7) formal meetings (as described in greater detail in Exhibit A -1) with the City's staff to initiate the project, discuss the progress on design items, 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 Consultant will participate in discussions with the operating department and other agencies (such as the Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. The A/E Consultant will also participate in up to one (1) formal enterococcus bacteria permit limit coordination meeting with TCEQ to discuss anticipated future stringent enterococcus bacteria permit limit for the City of Corpus Christi WWTPs. 1. Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined final design and probable cost estimate for construction. 2. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 3. Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and probable project design solutions; (which are common to municipalities). 4. Review and investigate 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, and improvements required, and conformance to relevant Master Plan(s). 5. Review of the project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the project; The A/E Consultant will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. EXHIBIT "A" Page 1 of 9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER IE10179WHITECAP WWFP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX 6. Attend and participate in a maximum of up to two (2) client coordination meetings and two (2) UV disinfection equipment manufacturer coordination meetings to gather requirements from the City to discuss planning and conceptual design. Gather information and perform close coordination with the City's staff via phone and e- mails. b. The City will 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). c. Prepare final quantities and estimates of probable costs. d. Furnish a technical memorandum identifying the problems associated with the existing UV disinfection equipment and the recommendations for the proposed UV equipment improvements to meet the future enterococcus bacteria permit limits for the Whitecap Wastewater Treatment Plant (WWVfP). Additional details on this technical memorandum are provided in Exhibit A -1. e. Furnish one (1) set of the 50% half size plans (half -size plans only - identify needed front -end and technical specifications) to the City staff for review and approval purposes with the opinion of probable construction cost. The City will be responsible for reproduction for additional sets of 50% half -size plans per the requirement of the City. Upon receipt of the 50% set of half- size plans and list of front -end and technical specifications, the City will promptly review the submittal and provide their comments to the NE Consultant in electronic e-mail or CDROM. There will be one (1) 50% submittal review coordination meeting to discuss comments on the 50% half size plans and specifications list. e. Assimilate all review comments, modifications, additions /deletions and proceed to 100% completion of Interim Design Submittal. f. Furnish one (11 copy of the 100% Interim Design Submittal [half size plans and front -end documents and technical specifications] to the City staff for review and approval purposes with one (1), copy of revised opinion of probable construction costs. 100% half size plans shall be submitted, dated, and stamped "NOT FOR CONSTRUCTON". There will be one (1), 100% Interim Design Submittal review coordination meeting to discuss comments on the 100% Interim Design Submittal. Upon approval of the 100% Interim Design Submittal by the City, the words "NOT FOR CONSTRUCTION" shall be removed and the original seals of the responsible professional engineer will be provided on the plans and the seals will be signed and dated. The required no. of Final 100% Contract Documents sets will be forwarded to Texas Commission on Environmental Quality (TCEQ) for review and approval. g. Upon receipt of comments from TCEQ, the NE Consultant will make necessary modifications to the 100% Contract Documents. The stamp "ISSUED FOR BID" and original seals of the professional engineers will be placed on the 100% plans and dated. One (1) copy of the completed 100% Contract Documents will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed Contract Documents per the requirement of the City. The A/E Consultant will also furnish one (1), CDROM with an electronic file copy of the "ISSUED FOR BID" plans in AutoCAD and Front -End Documents and Technical Specifications in MS Word to the City. The said "ISSUED FOR KIENGINEERING DATAEXCHANGEWELMAPIWASTEWATER1E10179 WHITECAP WWtP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX BID" Contract Documents henceforth become the sole property and ownership of the City of Corpus Christi. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the 50% and100% Interim and Final Design Submittal accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City Staff. The A/E Consultant 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 civil, mechanical, electrical, etc. i. The City agrees that any modifications of the submitted "ISSUED FOR BID" 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. j. Prepare and submit monthly status reports with action items developed from coordination and review meetings. k. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction. c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. (As available from City Engineering files). f. Field location of existing City utilities. (NE Consultant to coordinate with City Operating Department). g. Copy of Geotechnical Survey and Findings. h. Provide applicable Master Plans. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the Bid and Construction Phase. In addition, the individual shall also coordinate all activities necessary to award and execute the construction contract. b. The individual will be responsible to initiate contact and coordinate exchange of information (relevant plans and specifications and change orders) from previous A/E Consultant who assisted the City with the design of Whitecap WWTP UV Disinfection Facility. c. Provide the budget for the Project specifying the funds available for the construction contract. EXHIBIT "A" Page 3of9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERIE10179 WHITECAP NNVTP UV DISINFECTION SYSTEM UPGRADECONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX 2. Bid Phase. The NE will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacting 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. Conduct one (1), pre -bid conference for the construction projects and coordinate responses with the City. Response to the pre -bid conference will be in the form of addenda issued after the bid -bid conference. The A/E Consultant will also attend the tour of the project site along with the prospective CONTRACTORs after the pre -bid conference. e. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f. Furnish one (11 hard paper copy set of the 100% "ISSUED FOR CONSTRUCTION" Conformed Documents (full size drawings on bond paper and front -end documents and technical specifications on 8.5" x 11" paper) to the City staff. The original seals of the responsible professional engineer will be replaced with "ISSUED FOR CONSTRUCTION" seals. The City will be responsible for reproduction for any additional sets of the Conformed Documents per the requirements of the City and the Construction Contractor. The A/E Consultant will also furnish one (1) CDROM with an electronic file copy of the Conformed Drawings in AutoCAD and Conformed Specifications in MS Word to the City. The City staff will: a. Arrange and pay for printing of all Contract Documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E Consultant) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the A/E Consultant's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the CONTRACTOR. EXHIBIT "A" Page 4 of 9 K ENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER1E10179 WHITECAP WARP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHrDIT ADOCX 3. Construction Phase. The A/E will perform construction contract administration to include the following: a. Participate in one (1) pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting 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. Attend and participate in a maximum of up to three (3) periodic site visits (when needed) 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. Visits to the site in excess of the specified number are an additional service. f. Attend and participate in a maximum of up to six (6) periodic construction meetings (when needed) to the site to attend the Monthly Construction Progress Meeting. These meetings shall be coordinated by the City prior to the meeting dates. Visits to the site for Monthly Construction Progress Meetings in excess of the specified number of meetings are an additional service. g. Attend and participate in a maximum of up to two (2) final walkthrough /punchlist site visits to the site (separate from the site visits) in company with ONWER's representative to observe whether the improvements have been completed in accordance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the CONTRACTOR before issuing the FINAL Certificate of Acceptance. The City's representative will be responsible to track the completion of all the punchlist items. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the CONTRACTOR. The A/E Consultant will issue FINAL Certification of Acceptance upon the completion of all the punchlist items. Provide recommendation for final payment to the CONTRACTOR. Visits to the site in excess of the specified number are an additional service. h. 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. i. As applicable, review and assure compliance with Contract Documents, the preparation of operating and maintenance manuals updates (by the CONTRACTOR) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and EXHIBIT "A" Page 5 of 9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERIE10179 WHITECAP WWIP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT A.DOCX 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. 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 one u full -size reproducible drawing set (full size drawings on bond paper) and all electronic files ( AutoCAD r.14 or later) of the record drawings. All drawings will be CAD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications /estimates for payments to CONTRACTOR. b. Conduct the final acceptance inspection with the NE Consultant. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E Consultant will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E Consultant will, with written authorization by the Director of Engineering Services, do the following: 1. Assist the City with the design, bid and construction phase services of any additional improvements that may be required to comply with the future revised enterococcus bacteria permit limits. The additional improvement design may specifically anticipate the incorporation of filters and /or any additional biological or chemical processes upstream of UV disinfection equipment and any additional equipment selection and design, structural improvements, electrical, instrumentation and SCADA design and integrator's documentation requirements and would be completed after City's authorization for this additional service item. All the additional improvement design items will be completed in accordance with the recommendations provided in the technical memorandum. Details of items that will be included in the technical memorandum are provided in Exhibit A -1. This additional design will be added to the bid package for UV Disinfection Improvements Project and will be bid and constructed EXHIBIT "A" Page 6 of 9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER lE10179 WHITECAP WNTP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX simultaneously with the designed Whitecap WVVTP UV Disinfection Improvements. 2. Assist the City for all the required coordination with the state and the federal agencies. The A/E Consultant will prepare and submit all documents for review as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Commission for Environmental Quality (TCEQ) 3. Provide SCADA and instrumentation updates for the proposed electrical and instrumentation improvements in this project. 4. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List. 5. Site and factory visits associated with factory testing of equipment to be provided for the project and other special equipment and materials related to this improvement project. 6. Additional services that are required to comply with local, state, or federal regulations that becomes effective after the date of this Contract. 7. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by the City. 8. Making revisions to drawings, specifications or other documents when such revisions are not consistent with approvals or instructions previously given by the City or due to other causes not solely within the control of the A/E Consultant. 9. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. 10. Design, contract modifications, studies or analysis required to comply with local, state, federal, or other regulatory agencies that become effective after the date of this Contract. 11. Visits to the site in excess of the number of trips for periodic site visits, monthly construction progress meetings, or contract completion activities. 12. Any services required as a result of default of the Contractor(s) or the failure, for any reason, of the Contractor(s) to complete the work within the contract time. 13. Providing Basic Engineering Services or Additional Services on an accelerated time schedule. The scope of this service includes cost for overtime wages of employees and consultants, inefficiencies in work sequence, and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the City. EXHIBIT "A" Page 7 of 9 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATER1E10179 WHITECAP WMP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT AOOCX 14. Providing follow -up construction observation services during the Contractor's warranty period. 15. Participation by the NE Consultant in facility startup planning meetings and warranty inspections. 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Monday April 2, 2012 Begin Design Phase Monday June 11, 2012 Technical Memorandum Monday August 6, 2012 50% Submittal Friday August 17, 2012 City Review Friday October 12, 2012 100% Interim Design Submittal Friday October 26, 2012 City Review Friday November 9, 2012 100% Submittal to TCEQ Friday February 8, 2013 TCEQ Review Friday February 22, 2013 100% "ISSUED TO BID" Final Design Submittal Wednesday May 1, 2013 Bid Phase Ends Friday November 30, 2013 Construction Phase Ends 3. FEES A. Fee for Basic Services. The City will pay the NE Consultant a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section 1 above, and for all expenses incurred in performing these services. For services provided in Section 1, A/E Consultant will submit monthly statements for basic services rendered. In Section 1, the statement will be based upon NE Consultant's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE Consultant a not -to- exceed fee as per the table presented in Section 3.C. Summary of Fees. EXHIBIT "A" Page 8 of 9 KIENGINEERING DATAEXCHANGE VELAIAP1WASTEWATER1E10179 WHITECAP WNW UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT ADOCX C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $0.00 2. Design Phase 118,382.00 3. Bid Phase 18,760.00 4. Construction Phase 33,994.00 Subtotal Basic Services Fees (Authorized) 171,136.00 Fee for Additional Services (Allowance) 1. Disk Filters and Chemical Feed Improvements — Design Phase 56,583.00 2. Disk Filters and Chemical Feed Improvements — Bid Phase 7,993.00 3. Disk Filters and Chemical Feed Improvements — Construction Phase 7,080.00 4. Provide SCADA Documentation /Integration 6,560.00 Sub -Total Additional Services Fees 78,216.00 Total Project Fee $249,352.00 The estimated cost of construction for Whitecap Wastewater Treatment Plant Ultra - Violet (UV) Disinfection System Upgrade (Project No. E10179) is $2,150,000. The basic services fee for the project is $171,136. Therefore, the percentage of basic engineering services cost to construction is 7.96 %. EXHIBIT "A" Page 9 of 9 KtENGINEERING DATAEXCHANGEWELMAPIWASTEWATERIE10179 WHITECAP WIMP UV DISINFECTION SYSTEM UPGRADEICONTRACT PROFESSIONAL SERVICESI2 EXHIBIT A.DOCX EXHIBIT A -1 TASK LIST CITY OF CORPUS CHRISTI WHITECAP WASTEWATER TREATMENT PLANT ULTRA- VIOLET (UV) DISINFECTION SYSTEM UPGRADE (PROJECT NO. E10179) Phase I — Final Design Phase 1) The A/E Consultant shall submit a technical memorandum identifying the problems associated with the existing UV disinfection equipment and the recommendations for the proposed UV equipment improvements to meet the future enterococcus bacteria permit limits for the Whitecap Wastewater Treatment Plant (WWTP). Only one (1) hard paper copy and one (1) electronic copy of this technical memorandum will be submitted to the City for their records. This technical memorandum will be submitted within the first 75 days, after the receipt of "Authorization to Proceed" from the City and will include the discussion on the following items: a. Analysis of the collimated beam test results for Whitecap WWTP effluent samples that were conducted by Carollo Engineers for the new Broadway WWTP UV Disinfection Improvements. b. Analysis of the enterococcus bacteria sampling data from Whitecap VWVfP. c. Analysis of the future permit limits for enterococcus bacteria in coordination with TCEQ. d. Limitations associated with the existing UV disinfection equipment to meet the future enterococcus bacteria permit limits. e. Identification of appropriate UV disinfection equipment and any additional improvements such as filters or any other biological or chemical processes needed to comply with the future enterococcus permit limits. f. Analysis of the plant hydraulics with respect to the changes at the UV disinfection facility and any additional improvements. g. Recommendations for the proposed UV disinfection equipment, flowmeter and any additional improvements. h. Analysis of additional chemical disinfection system to achieve sufficient disinfection during peak flow or flooding events or when needed. 2) Perform field investigation in a site visit (1 site visit) as required to define specific areas for the replacement of existing UV equipment with new UV equipment, locations, tie -in point(s), additional improvements needed for compliance with the future WWTP permit limits, and other applicable parameters required to complete the items as shown on this Task List. 3) Attend and participate in client initiation meeting (1 meeting), design phase client coordination meeting (up to 1 meeting), UV disinfection equipment manufacturer coordination meetings (up to 2 meetings), 50% Design Submittal review meeting (1 meeting) and 100% Interim Design Submittal review meeting (1 meeting) with pertinent City's Engineering and Wastewater Department staff to discuss planning and conceptual design. Gather information and perform close coordination with the City's staff via phone and e- mails. EXHIBIT "A -1" Page 1 of 6 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERIE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADEI3 EXHIBIT A -1 TASK LIST.DOCX 4) Attend and participate in one enterococcus bacteria permit limit coordination meeting (1 meeting) with TCEQ for anticipated future stringent enterococcus bacteria pemiit limit for City of Corpus Christi WWTPs. 5) The A/E Consultant will be responsible for the design of the new UV disinfection equipment and related accessories and appurtenances for a complete UV disinfection operational system that will enable full operational permit compliance for enterococcus bacteria removal. 6) If the technical memorandum recommends filters or other biological or chemical processes, the City can choose to retain the same NE Consultant to design the additional improvements upstream of UV disinfection equipment and any additional equipment selection and design necessary to meet the future enterococcus permit limits. These additional improvements will be considered as an additional service item and will need to be authorized by the City in order to proceed to complete the design. Any civil, mechanical, geotechnical, electrical, instrumentation, SCADA design and integrator's documentation requirements related to these additional improvements will also be completed after this additional service item has been authorized by the City. 7) The NE Consultant will be responsible for providing electrical and instrumentation design for the operation of the disinfection equipment and related appurtenances that will be installed under the scope of this project. In addition, details of any civil, mechanical, piping or structural improvements resulting due to the installation of new UV equipment will be provided by the A/E Consultant. 8) Provide specification for integrator's documentation requirements for Supervisory Control and Data Acquisition ( SCADA), Operator, and Engineering manuals for the SCADA and Human Machine Interface (HMI) systems including HMI screen shots and operator level instruction for normal operator task with -in the control systems. A/E shall review Integrator's submittal and work with Integrator to assure documentation requirements are met and integrated into plant manuals and documentation systems. A/E shall provide "as- built" Electrical, Instrumentation, and SCADA system drawings and documentation after the completion of the construction of the proposed improvements. City will provide all existing UV Disinfection Facility drawings in AutoCAD format for use by the A/E to make revisions as required for this project. 9) The NE Consultant shall prepare one (1) set of 50% design submittal (design drawings only) for the UV Disinfection Improvements Project using FNI standard Contract Documents. The 50% review drawings shall be delivered to the City Staff in half size along with a list of front - end and technical specifications. The proposed design components for the project are as follows: a. Design of new UV Disinfection Equipment and related accessories and appurtenances b. Design of additional biological or chemical treatment processes improvements required for compliance with the future enterococcus bacteria permit limits (only after authorization by the City) c. Design of new civil, mechanical and structural improvements required to support the UV disinfection improvements along with related accessories and appurtenances d. Design of electrical improvements consisting of two (2) transformers, two (2) operator interface control panels and all associated electrical for two disinfection channels. EXHIBIT "A -1" Page 2 of 6 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATEREE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADEI3 EXHIBIT A -I TASK LIST.DOCX Transformer feeds will also include manual transfer switches to allow swapping of transformer feeders to each channel for redundancy. UV system circuit breaker panels will be installed separate from UV control panels. Panels, transformers, and switches will be installed adjacent to existing structure at three (3) feet above grade e. Design of new ultrasonic flowmeter at inlet of UV channels with flow signal routed to new UV system for flow paced control f. Design of new SCADA RTU with antenna on pole for communicating to Greenwood VW TP and to Central Office on Holly Road g. Design of area lighting to be installed to illuminate UV structure h. Control System Logic Documentation i. Specifications for HMI and SCADA System Operator and Engineering Manual Documentation 10) There will be one (1) review workshop to discuss the 50% design submittal. The City will be responsible to provide comments to the NE Consultant on electronic e-mail or CDROM. Upon receipt of all the electronic comments, the A/E Consultant will assimilate all review comments, modifications, additions /deletions and proceed to prepare a 100% Interim Design Submittal [Final Design Drawings, Front -End and Technical Specifications]for the UV Disinfection Improvements Project. 11) The A/E Consultant shall prepare one (11 set of 100% Interim Design Submittal for the City to review at 100% completion. There will be one (1) 100% Interim Design Submittal review coordination workshop to discuss the 100% Interim Design Submittal. The City will be responsible to provide follow -up comments to the A/E Consultant on electronic e-mail or CDROM. Assimilate all review comments, modifications and additions /deletions and proceed to completion of 100% Final Design Submittal. The original seals of the responsible professional engineer will be provided on the 100% Final Design Submittal and dated and the required no. of sets will be forwarded to TCEQ for review and approval. The NE Consultant will be responsible for coordination of 100% Contract Documents submittal to TCEQ for review. In addition, the NE Consultant will also be responsible for addressing TCEQ comments related to the A/E Consultant's 100% Contract Documents. 12) The A/E Consultant will prepare the final opinion of probable construction cost based on the 100% Contract Documents. 13) The NE Consultant will submit 100% Contract Documents for FNI constructability review. The A/E Consultant will also make final modifications to the 100% Contract Documents per the comments provided during the constructability review. 14) Upon receipt of comments from TCEQ and FNI Construction Services, the A/E Consultant will make necessary modifications to the 100% Contract Documents. After the incorporation of all the comments, the stamp "ISSUED FOR BID" will be placed on the 100% full -size plans from the A/E Consultant and the original seals of the professional engineers will be placed on the drawings and dated. One (1) copy of the completed 100% "ISSUED FOR BID" Final Design Submittal will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed "ISSUED FOR BID" Final Design Submittal per the requirement of the City. The NE Consultant will also furnish one (1) CDROM with an EXHIBIT "A -1" Page 3 of 6 KIENGINEERING OATAEXCHANGEWELMAAIWASTEWATERIE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADE73 EXHIBIT A-1 TASK LIST.000X electronic file copy of the "ISSUED FOR BID" plans in AutoCAD and specifications in Word to the City. Phase II — Bid Phase 1) The A/E Consultant will assist the City in securing bids. The City will issue Notice to Bidders to prospective CONTRACTORS and vendors listed in their database of prospective bidders and to selected plan rooms. 2) The A/E Consultant will assist the City by responding to questions and interpreting bid documents. The NE Consultant will prepare and issue addenda and forward the addenda to the City for distribution to the prospective bidders. 3) The A/E Consultant will assist the City in conducting one (1) pre -bid conference for the construction project and coordinate CONTRACTOR's responses with the City. Response to the pre -bid conference will be in the form of addenda issued after the conference. The A/E Consultant will also attend the tour of the project site along with the prospective contractors after the pre -bid conference. 4) The NE Consultant will assist the City in the opening, tabulating, and analyzing the bids received. The A/E Consultant will review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified (based on City requirements) to construct the project. The A/E Consultant will submit to the City a written recommendation to award of contracts or other actions as appropriate to be considered by the City. 5) The A/E Consultant will make necessary modifications to the 100% "ISSUED FOR BID" Contract Documents based on the addenda issued during the Bid Phase. After the incorporation of all the comments, the stamp "ISSUED FOR CONSTRUCTION" will be placed on the 100% Contract Documents from the A/E Consultant. One (1) copy of the completed 100% "ISSUED FOR CONSTRUCTION" Contract Documents will be forwarded to the City. The City will be responsible for reproduction for any additional sets of the completed 100% "ISSUED FOR CONSTRUCTION" Contract Documents per the requirement of the City. The A/E Consultant will also furnish one (1) CDROM with an electronic file copy of the "ISSUED FOR CONSTRUCTION" plans in AutoCAD and specifications in Word to the City. Phase III — Construction Observation Services Upon completion of the Bid Phase Services, FNI will proceed with the performance of construction phase services as described as follows. FNI will endeavor to protect City in providing these services; however, it is understood that FNI does not guarantee the CONTRACTOR's performance, nor is FNI responsible for supervision of the CONTRACTOR's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the CONTRACTOR, or any safety precautions and programs relating in any way to the condition of the premises, the work of the CONTRACTOR or any subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. EXHIBIT "A -1" Page4of6 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERIE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRAOE13 EXHIBIT A -1 TASK LIST.DOCX The City agrees to include provisions in the Construction Contract Documents that will require the Construction CONTRACTOR to include FNI and their subconsultant(s) on this project to be listed as an additional insured on CONTRACTOR's insurance policies. 1) Assist City in conducting one (1), pre- construction conference with the CONTRACTOR, review construction schedules prepared by the CONTRACTOR pursuant to the requirements of the construction contract. 2) Attend and participate in up to a maximum of six (6) periodic construction meetings to the site to attend the Monthly Construction Progress Meeting. Visits to the site for Monthly Construction Progress Meetings in excess of the specified number are an additional service. 3) Attend and participate in up to a maximum of three (3) periodic site visits to the site (as distinguished from the continuous services of a Resident Project Representative) to observe whether the improvements have been completed in accordance with the Construction Contract Documents. The estimated construction time for this project is 9 months. FNI will endeavor to protect the City against defects and deficiencies in the work of CONTRACTOR and will report any observed deficiencies to the City. Visits to the site in excess of the specified number are an additional service. 4) Review quality related documents provided by the CONTRACTOR such as shop drawings, test reports, equipment installation reports or other documentation required by the Construction Contract Documents. 5) Process contract modifications and negotiate with the CONTRACTOR on behalf of the City to determine the cost and time impacts of change orders. Prepare change order documentation for approved changes for execution by the City. Documentation of field orders, where cost to City is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the CONTRACTOR or other deviations from the construction Contract Documents requested by the CONTRACTOR and approved by the City are an additional service. Substitutions of materials or equipment or design modifications requested by the City are an additional service. 6) Conduct, in company with City's representative, a final review of the Project for conformance with the Contract Documents of the Project and general compliance with the Construction Contract Documents. Attend and participate in up to a maximum of two (2) final walkthrough /punchlist site visits to the site (separate from site visits) to observe whether the improvements have been completed in accordance with the Construction Contract Documents. The City's representative will be responsible to track the completion of all the punchlist items. The A/E Consultant will issue FINAL Certificate of Completion upon the completion of all the punchlist items. Visits to the site in excess of the specified number are an additional service. Prepare a list of deficiencies to be corrected by the CONTRACTOR before issuing the FINAL Certificate of Completion. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the CONTRACTOR. Make recommendation for final payment to the CONTRACTOR. EXHIBIT "A -1" Page 5 of 6 KIENGINEERING OATAEXCHANGEIVELMAPIWA STEWATERIE10179 WHITECAP WWTP UV DISINFECTION SYSTEM UPGRADEI3 EXHIBIT A-1 TASK LIST.DOCX 7) Prepare an Operation and Maintenance (O &M) Manual updates for the UV disinfection improvements and associated electrical and instrumentation appurtenances in accordance with provisions of TCEQ regulatory guidance document 217.16, Operations and Maintenance Manual for Wastewater Treatment Facility. The City will be responsible to incorporate these O &M manual updates to their overall plant O &M manual. 8) Revise the construction drawings in accordance with the information furnished by Construction CONTRACTOR and the construction inspector reflecting changes in the Project made during construction. One (1) set of full -size prints of "RECORD DRAWINGS" and one (1) CDROM with an electronic file copy of the plans in AutoCAD after the completion of the Construction Project will be provided to the City. The City will be responsible for making additional sets of hard -copy prints and electronic copies per the requirement of the City. EXHIBIT "A -1" Page 6 of 6 KIENGINEERING DATAEXCHANGEIVELMAPIWASTEWATERtE10179 WHITECAP WWrP UV DISINFECTION SYSTEM UPGRADEI3 EXHIBIT A-1 TASK LIST.DOCX EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, or reduction in coverage or limits required on all certificates or by policy endorsements Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury / Advertising Injury $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT UMBRELLA — EXCESS LIABIITY Must follow form $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $2,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act $500,000/$500,000/$500,000 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis (except for Professional Liability), by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non - renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. EXHIBIT "B" Page 2 of 3 I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and /or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold It and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 City of Corpus sti GE SUPPLIER ASSIGNED BBYCRY- PURCHASINO DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question, must be answered. If the question is not applicable, answer with NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline, Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership S. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' N/A ame Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." NIA Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant N/A EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof. you shall disclose that fact in a signed wrion f. to the City official, employee or body that has been 1 requested to act in the matter, unless me interest at the City official or employ.t. in the n ani.r is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. fEthics Ordinance Section 2-349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as or the date of this statement, 111111 have not knowingly withheld disclosure of any information requested and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P. E. Title: Principal ypr or Print Date: DEFINITIONS a. -Board member.- A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. -Economic benefit-. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public' in general or a substantial segment thereof. c. -Employee." Any person employed by the City of Corpus Christi. Texas either on a fu part-time basis, but not as an independent contractor. d. -Firm." Any entity operated for economic gain. NOether professional. industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture. receivership or trust. and entities which for puiTtoses of taxation are treated as non-profit organizations. e. -Official.- The Mayor, members of the City Council, City Manager. 1)eputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi. Texas. -Owttersitip interest." Legal or equitable interest, whether actual!), or constructively y held. in a firm, including when such interest is held through an agent, trust. estate. or holding entity. -Constructively held" refers to holdings or control established through votina trusts, proxies, or special terms of venture or partnership agreements.- -Consultant.- Any person or firm, such us engineers and architects, hired by t he 'it ) oF Corpus Christi for the purpose of professional consultation and recommendation. Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Whitecap Disinfection Improvements City Project No. E10179 Council Presentation May 29, 2012 WASTEWATER DEPARTMENT Project Scope Ay afC rpris Christi WASTEWATER DE PA 12 T.7f ENT Project Schedule Cily C01,111S EliAA WASTEWATER DEPARTMENT Project Budget FUNDS AVAILABLE: Wastewater C I P $810,000.00 FUNDS REQUIRED: Construction (estimate) TBD Contingency (10%) TBD Consultant Fees: Consultant (Freese and Nichols) 249,352.00 Reimbursements:_ 19,948.16 TOTAL $269,300.16 ESTIMATED PROJECT BUDGET BALANCE $540,699.84 Ey of Corm C 0E6 WASTEWATER DEPARTMENT AGENDA MEMORANDUM Future Item for the City Council Meeting of June 12, 2012 Action Item for the City Council Meeting of June 19, 2012 DATE: June 19, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Fred Segundo, Director of Aviation FredS ©cctexas.com (361) 289 -0171 x1213 Approval of Reimbursement Resolution for Expenditure of Funds Related to Airport System Improvements PURPOSE: Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $6,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Airport System; authorizing matters incident and related thereto; and providing an effective date. BACKGROUND AND FINDINGS: On September 13, 2011, Airport staff, in conjunction with KSA Engineers, made a presentation to the City Council regarding a Runway Safety Project. The Federal Aviation Administration (FAA) has approved the planning, design, and construction of this project, which includes displacement of thresholds and reconfiguration of our runway and taxiway system. These improvements will eliminate runway incursion incidents which result when an unauthorized intrusion occurs into a runway by aircraft, vehicle, or person that creates a collision hazard. The total cost of the project is estimated to be $55,000,000 — with 90% as FAA's share and 10% as the local share. The City of Corpus Christi is anticipating issuing Certificates of Obligation in an amount not to exceed $6,000,000 to fund the local share of this project and $500,000 in contingencies that are not tied to the grant. The debt service payments, although backed by the full faith and credit of the City, would be transferred from the Airport's operating fund to the City's debt service fund. It is anticipated that the funds would be needed by early fall 2012. This agenda item would allow reimbursement of qualifying expenditures prior to actual receipt of debt proceeds. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Airport • Financial Services LIST OF SUPPORTING DOCUMENTS: Resolution cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Wesley S. Pierson, Assistant City Manager RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF IN AN AMOUNT NOT TO EXCEED $6,000,000 FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING IMPROVEMENTS TO THE CITY'S AIRPORT SYSTEM; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) constructing, improving, enlarging, repairing, and extending the City's airport system (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the project that is the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $6,000,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 95606154.1 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150 -2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148 -10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds," as defined in Treasury Regulation Section 1.148 -1, of the Obligations or another issue of tax - exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. -2- 95606154.1 SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 95606154.1 PASSED, ADOPTED AND APPROVED on this the 19th day of June, 2012. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF , 2012: Carlos Valdez, City Attorney -4- 95606154.1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 19th day of June, 2012, relating to establishing the City's intention to reimburse itself in an amount not to exceed $6,000,000 for improvements to the City's airport system, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of 2012. City Secretary (CITY SEAL) -5- 95606154.1 AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: May 29, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation UPDATE TO CITY COUNCIL — 2012 Mayor's Fitness Council Report STAFF PRESENTER(S): Name 1. Stacie A. Talbert OUTSIDE PRESENTER(S): Title /Position Department Assistant Director Parks and Recreation Name Title /Position 1. Wade Spenst Chairperson BACKGROUND : Organization Mayor's Fitness Council The Mayor's Fitness Council will present their progress since being established by City Council in 2010 as well as provide information about future goals and initiatives. LIST OF SUPPORTING DOCUMENTS: Presentation An Epidemic Obesity in USA (CDC figures) • Adults - 35.7% • Children - 17% These figures have tripled since 1980 Diabetes (CDC figures) 6.5% of US population has received an official diagnosis 9.8% of Nueces County population has been diagnosed Health, Social and Economic Implications • CDC estimates annual cost of diabetes - $174 billion $116 billion in direct medical costs $58 billion in disability, lost work and production, etc. orpus Christi Created in May 2010 Thirteen member, cross - •3 At -Large •College/University Community Outreach •Corporate Initiatives •Disability Networks sectoral team •Health Care and Medical • Senior Citizen Networks • Veteran's Wellness • Worksite Wellness •Youth and After School •Faith Based Partners Parks & Recreation and Health Departments and Mayor's Office personnel serve as ex -officio members To advise city officials regarding the promotion of healthy living through increased everyday activity, organized sports or events and balanced nutrition. $80,000 awarded to MFC in (2010) c) iih-1-J .-1 7ci E r._, . •. i.., O ro v E ,4 E r0 0 ft ▪ '� O cu a t' °E ,..,;- a) o (• .0 cn 0 ft 70 cu -1 • '�'' `LA E ,4 r-i o E 7.-It .. ;' iis ft '' • '-' E u i.., r._, co r- 0 0 a.. "Corpus Christi ACHIEVE Grant $4o, 000 • Center for Disease Control National Recreation & Park Association Community Action Plan to address chronic disease via Policy Environmental & System Changes CHANGE Assessment Survey 13 entities throughout community • Data Collection Project • Heart and Stroke Survey Community Action Plan Vision Living Health through physical activity, balanced nutrition and elimination of tobacco use will be a way of life for all residents in Corpus Christi, Texas. Mission The Mayor's Fitness Council will collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help the healthy choice be the easy and natural choice for residents. ommunity Action Plan Project Goal 1.0: Increase the miles of paths that support bicycle and pedestrian transportation. • Hike and Bike Trails and Lanes Bold Future Initiative - Hike and Bike Trail Master Plan Project Goal 2.0: Increase the number of community venues that are tobacco free. • City Council Youth Advisory Commission Project Goal 3.o: Increase the number of community venues that provide healthy food options. • Lindale Park Community Garden - $25,000 Grant Walk -ability Audit of SEA District on May 24, 2012 The EDGE Community Garden at Lindale Park What's next Enhance Marketing Strategies Formal Partnership Tiers • Individuals Organizations/Businesses Expand Programs • Prescription Pads Hydration Stations AGENDA MEMORANDUM for the City Council Meeting of June 12, 2012 DATE: June 7, 2012 FROM: Ron Olson, City Manager Ron0@cctexas.com (361) 826 -3220 UPDATE TO CITY COUNCIL Proposed FY 2012 -2013 Operating Budget — General Fund Summary STAFF PRESENTER(S): Name 1. Ron Olson 2. Margie C. Rose 3. BACKGROUND Title /Position City Manager ACM, General Gov't. Operations Department This presentation will focus on the General Fund portion of the proposed FY 2012 -2013 Operating Budget. LIST OF SUPPORTING DOCUMENTS: PowerPoint GENERAL FUND SUMMARY 2012-2013 GUIDING CONCEPTS: OBf1iGATK. TO F U Mission focus with fundamentals first Accountability to taxpayers Value for dollars Sustainable M SSION The primary fund of the City where all assets and liabilities not assigned to a special purpose fund are recorded. Provides resources necessary to sustain day to day activities. The mission of the General Fundis to deliver general services in the most cost effective manner. 14 FUNDS INTE CT WITH GENE FUND Enternal Services Eng. ,20 Gen'l Serv. 6,1 50 Health/Risk 17.04 MIS 7_71 Stores .51 From GF: .SZ1.6V4,00 To GF: $i556.000 GENERAL. FUND Transfers: To at From €ondfSpecial Revenue ;800 15-6 1.406 .128/.1150 .254/_491 $27 000 2,643000 Bond Sr. Serv. HOT V isitors Dev. Serv. From GF: To GF: $33.071_000 $12.557O0* Enterprise Airport Gas Marina Storm Water Wastewater Water From OF: To GF: 757 .0-99 1.234 3.109 2.t544 $05,000 sa„Bsc-,,ocn, Legend: From General Fund To General Fund COMP ISON TO OTHER CITIES FY 2012 General & Debt Service Fund Budgeted. Ad Valorem Tax Dailas .Fort Worth Plano Aust n Laredo Waco Houston Galveston Garland Arlington San Antonio Midland El Paso Corpus Christi Lubbock McAllen Brownsville Amarillo r M1, j, `, , ^ x , • `, .1 • -t' so $100 $200 $300 $400 $500 $600 COMP ISON TO OTHER CITIES McAllen Midland Houston Plano Austin San Antonio Brownsville Arlington El Paso FY 2012 General Fund Sales Tax Budgeted Per Capita $0 $50 $100 $150 $200 $25o $300 $350 COMP SON TO OTHER CITIES Fiscal Year 2012 Budgeted Revenues and Expenditures Houston Dallas Re ue $1,93o,641,326 $1,011,365,209 San Antonio $895,295,485 Austin $691,758,774 Fort Worth $557,625,181 El Paso $322,168,680 Plano $203,270,103 Arlington $199,387,437 Corpus Christi $206,360f733 Laredo $143,765,731 Amarillo $142,015,871 Lubbock $133,650,607 Garland $131,741,593 nditu $1,930,641,326 $1,011,365,209 $948,175,649 $691,758,774 $557,625,181 $322,168,680 $217,032,365 $200,681,828 $2o5,144,508 $143,821,421 $147,392,222 $133,635,316 $132,456,113 $1,600,000 $1,400,000 $1,200,000 $1,000 $800,000 $600,000 $400,000 $200,000 $0 c w 0 N 1p u o o San Antonio ot to -e CO c 0 'N N O 0 t0 O(0 d 'S a o .� U E.0 m o w d- Q 3 0 0 ® Revenues a Expenditures COMP ISON TO OTHER CITIES FY 2012 Operating and Debt Service Rates per $100 Valuation Fort Worth Dallas Waco Garland Brownsville El Paso Arlington Houston Laredo Corpus Christi San Antonio Galveston Plano Austin Lubbock Midland McAllen Amarillo -013211-11111Or 4 itiettlitilleitilidillitiMillainait--tA; iteilatrieN46.11i.w: kinfargimani-Mpu itom 0116 -e -h, 2:91311,-,74'"'""IN-Y"' A 31.01x1r-i-415,-isowv, , . . . . vonVOTISMO.--V-Wit-ig . 4'1011.86.11tatom,,,,,,zavak,..100. 4-4-ziaggias 0.44 aitntStiatNt 0.45 411* ,,..,a,Iniatta if* 404:3 -,isp_oimtcm-w.m;gma-TAx:a--ma mitit [ingfanik,444&t-,, 4K14 --v 0.43 $- $0.10 $0.20 $0.30 $0.40 $0.50 $0.50 Operating • Debt $0.70 $0.80 $0.90 11111 5-Year Proper (M&O/I&S FY 2011 FY 2012 Pro osed FY 201 Property Tax Rate Distribution Corpus Christi Independent School District City of Corpus Christi Nueces County Downtown Management District Land Corpus Christi Junior College District Nueces County Hospital District Nueces County Emergency Services Downtown Management District Improvements Nueces County Farm Roads & Flood Control Total 51.237350 $o.570557 50.350999 $o.300000 50.258003 $0.162428 50.100000 $0.070000 50.004260 $3.053597 Police Fire GENE ' FUND FTE EM P140 RS GF Sworn Grant Total GF Sworn Grant Total Parks & Recreation GF Grant Total GF Grant Total Municipal Court — Admin Finance GF Grant Total Solid Waste Services Health Services 240.5 395.0 1-2 652.5 15 414 2 431 263.23 25.81 289.04 177 66 104 42 54.00 55.39 238.9 395.0 1$ 651.9 15 414 2 431 256.71 25.81 282.52 140 61 3$ 99 59 54.00 55.39 206.2 395.0 18 619.2 14 414 2 430 249.52 25.81 275.33 150 33 31 71 58 51.00 1±39 52.39 GENE ' FUND FTE EM P140 RS CONTINUED Library Services GF Grant Total Neighborhood Services GF Grant Total Animal Care and Control Services GF Grant Total Traffic Engineering City Attorney 25 Museum GF 21.7 Grant 1_0 Total 22.7 Human Resources 17 Municipal Court — Judicial 30.9 Comprehensive Planning O Office of Management & Budget 0 62.6 8.o 70.6 19.9 29.1 49.0 O 1 1 18 52.35 8.o 60.35 19.9 30.1 50.0 O 0 O 28 23 23 23 21 17.4 18.4 52.35 0 52.35 21.9 30.1 52.0 28 0 1.0 18.4 16 8.72 0 0 0.0 18.4 17 8.9 8 8 GENE Human Relations FUND FTE EMPLO RS GF Grant Total City Secretary City Auditor City Manager Public Information Mayor ACM - Gen Govt & Ops Support ACM - Safety, Health, & Neighborhood Intergovernmental Relations City Council Clean City Initiatives Street Services GRAND TOTAL Total — General Total — Sworn Total — Grant 6 0 6 6 0 3 4 2 1 1 1 0 1 109 2,119.13 1,186.83 809.00 123.3 6.00 0.25 6.75 6 3 3 2.5 2 1 1 1 0 1 96 2,046.55 1,112.50 809.00 125.05 6.00 0.7F 6.75 6 4 3 2.5 2 1 1 1 0 0 0 1,919.86 994.81 809.00 116.o5 GENE FUNDVENUE Sales Tax Property Tax Solid Waste Services Franchise Fees Public Safety Services Other Taxes Intergovernment / Interfund Other Administrative Services Municipal Court Recreation Services TOTAL 44,478,983 51,023,685 34,586,250 17,013,186 12,790,039 7,561,803 14,089,643 6,548,117 4,387,419 4,765,933 3,189,730 200,434,788 % 22% 25% 17% 8% 6% 4% Es •mated 2012 50,996,697 51,553,333 36,029,013 17,215,135 12,793,373 7,428,034 7% 7,671,553 3% 5,549,053 2% 3,998,371 2% 4,355,001 2% 3,099,141 100% 200,688,704 % 25% 26% 18% 9% 6% 4% 4% 3% 2% 2% 2% 1000 % 54,056,499 52,882,246 26% 35,813,007 17% 17,290,424 8% 13,476,607 7,608,644 26% 7,388,122 5,741,469 5,033,274 3,872,600 3,197,841 206,360,733 100% 7% 4% 4% 3% 2% 2% 2% GENE , FUND RXPRNDITU Police Fire Solid Waste Other Activities GF Grant Total GF Grant Total Parks & Recreation GF Grant Total Neighborhood Services GF Grant Total Municipal Court 63,617,743 4,782,598 68,400,341 45,412,785 0 45,412,785 25,585,001 4,461,578 14,604510 2,353,769 16,958,279 1,670,952 10,50F,023 12,175,975 5,075,386 29.2% 2.2% 31.4% 20.8% o.o% 20.8% 11.7% 2.0% 6.7% 1.1% 7.8% 0.8% 4.8% 5.6% 2.3% 64,330,662 4,782,598 69,113,260 44,046,960 206,:127 44,253,287 24,269,581 6,719,422 14,894,068 2,415,926 17,309,994 1,752,085 10,611,936 12,364,021 4,522,839 29.2% 2.2% 31.4% 20.0% 0.1% 20.1% 11.0% 3.0% 6.8% 1.1% 7.9% 0.8% 4.8% 5.6% 2.1% Pose. i 201 63,984,942 3,692,690 67,677,632 44,460,353 70,000 44,530,353 23,772,491 23,764,455 29.1% 1.7% 30.7% 20.2% o.o% 20.2% 10.8% 10.8% 15,077,141 6.9% 2,420,263 1.1% 17,497,404 8.o% 1,867,448 0.8% 7,252,766 3.3% 9,120,214 4.1% 5,362,484 2.4% GENE 14 FUND EXPENDITU CONTINUED Health Services Library Services Finance GF Grant Total GF Grant Total Engineering Services Animal Care and Control Services Legal Outside Agencies Human Resources Museums 2,559,005 1.2% o o.o% 2,559,005 1.2% 3,705,911 1.7% 545,400 0.3% 4,251,311 2.0% 3,452,602 1.6% 6,969,210 3.2% 1,935,716 0.9% 2,038,764 1,855,923 1,225,916 1,684,336 0.9% 0.9% o.6% o.8% Estimated FY 2012 2,442,814 1,569,115 4,011,929 3,700,923 137,960 3,838,883 3,729,029 5,881,829 2.7% 1.1% 0.7% 1.8% 1.7% o.1% 1.7% 1.7% 1,876,209 0.9% 2,115,061 1,794,611 1,375,010 1,492,343 1.0% o.8% o.6% 0.7% Proposed ty29i131111111 2,594,971 1,569,115 4,164,086 3,665,332 1.7% 0 o.o% 3,665,332 1.7% 3,517,516 1.6% 3,424,615 1.6% 2,054,772 1,931,505 1,795,566 1,574,279 1,450,304 0.9% GENE i, FUND RXPRNDITU CONTINUED City Manager Comprehensive Planning City Secretary Office of Management and Budget Human Relations GF Grant Total City Auditor Mayor City Council Street Services GRAND TOTAL Total - General Fund Total - Grant 1,662,014 0 809,557 676,957 468,129 12,973 481,102 0 130,994 92,717 9,977,597 217,873,065 199,673,302 18,199,763 o.8% 0.0% 0.4% 0.3% 0.2% o.o% 0.2% o.o% o.1% o.o% 4.6% 100.0% 91.6% 8.4% 1,353,007 0 750,969 641,753 388,685 112,000 420,685 268,642 135,702 121,501 11,956,788 220,316,354 200,560,492 19,755,862 o.6% o.o% 0.3% 1,369,177 868,012 845,941 0.3% 731,143 0.2% 432,568 0.2% o.o% 5,027 o.o% 0.2% 487,595 0.2% 0.1% 327,479 0.1% o.1% 138,247 o.1% 0.1% 133,768 0.1% 5.4% o o.o% 100.0% 220,204,369 100.0% 91.0% 205,144,508 93.2% 9.o% 15,059,861 6.8% o.6% 0.4% 0.4% 0.3% PROJECTED CH GE IN FUND BA CE Estimated Beginning Balance 8/1/12 Projected Changes Total Projected Ending Balance 7/31/13 Restricted • Unrestricted Total Projected Ending Balance 7/31/13 Target at to Target at 25% $ 1,716,225 $ 29,450,601 $ 20,514,451 $ 51,286,127 1,216,225 31,166,826 $ 31,166,826 DECISION PAC GES FOR 2013 APPROVED ACM for General Government and Operations Support Municipal Court New Court Management System 650,000 Municipal Court Numerous CDC & Court improvements 236,000 Human Resources Electronic records, training, 1 FTE 225,000 Finance Finance HOT audits & Mileage reimbursement to 27,000 IRS rate Bank lending program - revenue -270,000 APPROVED ACM for Safety, Health and Neighborhoods Fire Conduct academy 1,600,000 Police In Car Cameras 1,518,871 Police Contractual pay increase 1,391,996 Animal Control Animal Control improvements 250,000 2 Additional Code Enforcement Neighborhood Services personnel and operating expense 150,000 adjustment Park & Rec Heritage park move & athletic games 71,000 Fire Reduce OT & staffing to stations -400,000 Police Numerous reductions -1,296,006 DRCISION PAC GFS FOR APPROVED ACM for Business Support Services Planning Personnel additions Increase paid attendance through HOT advertising - revenue Museum ACM for Pubic Works, Utilities, and Transportation Solid Waste 9 Additional personnel for garbage collection & code compliance Other City Secretary City Auditor Election cost Personnel /Op. Expense increases 2013 153,000 -50,000 225,206 320,000 53,873 $4,855,94o ISSUES CONSIDRD Three Year Projection Financial Sustainability critical Business Plans Continue to update b) Quickbase Performance Metrics Managed Competition RFP — Solid Waste Facilities Compensation Equity Multi -Year plan ISSUES CONSIDRD nual repeating versus ad hoc Continued evaluation for possible changes Health Insurance Preliminary rates are projected pending confirmation of actuary & benefit consultant b) New Consumer Driven Health Plan for Public Safety Projected Rate Increases General 6.6% Police n.6% ISSUES CONSIDRD Separation of Funds Street b) Solid Waste Change in fiscal year Street Funding ) Remove from General Fund b) Decision process outside of the budget Police In -Car Video System ) Performance Issues b) Liability Issue io. Code Enforcement ) Anticipated funding of $l5ok b) 2 additional officers & software upgrades ISSUES CONSIDRD mal Services �ticipated funding of S25Ok Increase ability to respond to calls & treat animals 12. Municipal Court ) New court software system funding ) City Detention Center needs 13. Health Department a) Funding level with prior year's budget b) Researching formation of Health District (separate taxing entity) 14. Citizen Cash Card / Use of credit cards & technology a) Investigated by Finance Department Determined it would not create level of efficiencies expected 15. Fire Union Negotiations a) The ultimate outcome of the negotiations will affect the budget