Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 08/28/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, August 28, 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. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Felix Zapata, El Shaddai Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1 12 -00623 Proclamation declaring September 2012 as "Life Insurance Awareness Month" Proclamation declaring September 8, 2012 as "Grandparent's Millennium Olympics Day" Proclamation declaring September 8, 2012 as "Operation K.E.Y.S. - Keeping Every Youth in School Day" F. MINUTES: (NONE) G. BOARDS & COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: Corpus Christi Page 1 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 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: (ITEMS 2 - 19) 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. 2 12 -00600 Name change of Greenwood Branch Library and the children's area Resolution authorizing the name change of the Greenwood Library to the Ben F. McDonald Public Library and the naming of the Greenwood Library children's area the Velia and Joe De Leon Children's Library. Attachments: Agenda memo - Renaming Library & Children's area (a7 Greenwood Library.doc Resolution - Renaming Library & Children's area (a7 Greenwood Library.docx 3 12 -00570 Agreement for temporary tax abatement for future mixed use development located at 908 and 916 -928 Staples Street Resolution authorizing the execution of an agreement with Mr. Owen A. Norton providing for temporary property tax abatement. Attachments: Agenda Memo Exec Summary Form - Owen Norton RESOLUTION - Owen Norton Tax Abatement 7 -19 -12 Tax abatement Agreement Project Cap Tax Abatement Application Protect Cap Letter to Other Taxing Jurisdictions 4 12 -00506 Change order to fund sidewalk accessibility improvements (Bond Issue 2004) Motion authorizing the City Manager, or designee, to execute Change Order No. 8 with Safeco Insurance Company of America in the amount of $281,019.24 for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for under -run items, over -run items, additional sidewalk improvements, additional storm water improvements, additional detectable warning surfaces, and reconstruction of curb inlet tops (Bond Issue 2004). Corpus Christi Page 2 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 Attachments: Memo Change Order 8 Location Map ADAAcoeua Ramps Staples Gtrmt.mf Chanqe Order Summary ADAAooeaa Ramps Staples 8troetdoo 5 12-00563 Agreement for materials testing for Williams Drive project from Rodd Field Road to Airline Road (BOND 2008) Motion authorizing the City Manager, or deoignee, to execute a Construction Materials Testing Agreement with Tolunay-Wong Engineers, Inc., of Corpus Christi, Texas in the amount of $250,570 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile Drive to Airline Road. (Bond 2008). Attachments: Memo Williams Testing PmiootBudqet Williams Testing Location Map V�Uiame Williams Testing Agreement 6 12-00556 Professional services contract to fund project management and master planning for all capital improvement projects for the Water Department Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with URS Corporation of Corpus Christi, Texas in the amount of $300,000.00 for the Water Program Management Project. Attachments: Memo Water Program Management Proiect Budget Water Program Manaciementxlsx Location Map Water Program Mananoment.pdf Contract Water Program Manaciement Powerpoint Water Program Manaqement 7 12-00578 Resolution opposing a federal administrative action that threatens artificial reef habitat Resolution opposing the U.G. Department of the Interior's Idle Iron policy and supporting both the REEFS Act and the Rigs to Reef Habitat Protection Act. Attachments: Agenda memo REEFS Ac Resolution for Riqs to Reef David Sikes column on Idle Iron 080112 HR 6208 Reefs Ac S 1555 Rigs to Reef Ac 8 12-00588 Ordinance setting a property tax rate Corpus Christi Page 3 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 Ordinance setting a property tax rate of $0.570557 per $100 valuation which is effectively a 1.40% increase over the effective tax rate; and declaring an emergency. Attachments: Agenda Item - Ad Valorem Tax Rate - Adopting the Rate Ordinance - Ad Valorem Tax Rate 2012 9 12 -00602 Second Reading Ordinance - Authorizing resale of 22 foreclosed properties with delinquent ad valorem taxes (First Reading 8121112) Ordinance authorizing the resale of twenty -two (22) properties for $76,450.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,583.99 plus $12,276.42 for partial payment of City paving and demolition liens. Attachments: Agenda Memo - Property Tax Resale 22 Properties Property for Tax Resale August 2012 Tax Resale Ordinance August 2012 10 12 -00543 Second Reading Ordinance - Appropriating a federal grant to fund improvements to the Airport Terminal building (First Reading 8/21/12) Ordinance appropriating $98,299 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 046 -2010 in the No. 3020 Airport Capital Improvement Fund to modify the Terminal Building; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to add Project No. E09046GR46 and increase revenues and expenditures by $98,299. Attachments: Agenda memo - Grant 46 Amendment rev8.07.12 Ord - approp -FAA Grant 7 -26 -12 11 12 -00545 Second Reading Ordinance - Accepting and appropriating a State grant amendment to fund women, infants, and children program (First Reading 8121112) Ordinance authorizing the City Manager or his designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $32,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for the peer counselor and registered dietician projects by $12,000 and $20,000 respectively. Attachments: WIC Agenda memo Ordinance - FY11 -12 20120712 WIC GrntAmend - Peer Coun & Reg Dietician Letter of Amendment 12 12 -00510 Second Reading Ordinance - Accepting and appropriating a State Corpus Christi Page 4 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 grant to fund oyster bed testing (First Reading 8121112) Ordinance authorizing the City Manager or his designee to execute all documents necessary to accept and appropriate a grant of $22,500 from the Texas Department of State Health Services in the Health Grants Fund No.1066 to provide laboratory services for the analysis of bay water samples. Attachments: Seafood Safety Agenda Memo Ordinance - FY12 -13 Seafood Aquatic Life grant 13 12 -00579 Second Reading Ordinance - Accepting and appropriating a federal grant to fund meals for senior citizens First Reading 8121112) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $561,717 grant awarded by the Area Council on Aging of the Coastal Bend and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program. Attachments: Agenda Memo - ENP Grant Award FY12 Final 7.12 12 Award letter - ENP FY 12 grant Ordinance - ENP Final Award FY 12 14 12 -00580 Second Reading Ordinance - Accepting and appropriating a federal grant to fund Retired Senior Volunteer program (First Reading 8121112) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $45,434 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. Attachments: Agenda Memo - RSVP Grant award 2013 Ordinance - RSVP Grant AwardFINAL Award letter - RSVP Federal 2012 -2013 15 12 -00581 Second Reading Ordinance - Accepting and appropriating a federal grant to fund Senior Companion program (First Reading 8121112) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service; appropriating the $275,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Corpus Christi Page 5 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program, and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants Fund. Attachments: Agenda Memo - SCP Grant award 2013 Ordinance - SCP Grant AwardFINAL Award Letter - SCP grant 2013 16 12 -00585 Second Reading Ordinance - Executing a contract and appropriating funds with State to fund Community Youth Development Program in 78415 zip code area; and executing subcontracts for youth services (First Reading 8/21/12) Ordinance authorizing the City Manager or designee to execute a contract with the Texas Department of Family and Protective Services for funding for September 1, 2012 through August 31, 2014 in the total amount of $640,403; authorizing appropriation in the Grants Fund No. 1060 for Community Youth Development program contracts for the 78415 Zip Code area; and authorizing execution of subcontracts as follows: $85,000 to SERCO of Texas and $65,000 to Communities In Schools for subcontract period September 1, 2012 through August 31, 2013, and providing for one annual renewal period. Attachments: Agenda Item - CYD grant & subcontracts Ordinance - CYD grant & subcontracts CYD Contract Renewal with DFPS FY13 CYD Extension Agreement CIS CYD Extension Agreement SERCO 17 12 -00572 Second Reading Ordinance - Type A Grant to fund expansion of facilities for Craft Training Center (First Reading 8/21/12) Ordinance approving a Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend ( "Craft Training Center") to provide grant amount up to $750,000 for expansion of Craft's existing facility and authorizing the City Manager or designee to execute a Project Support Agreement with the Type A Board to administer the Craft Training Center Business Incentives Agreement and appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund fora business incentive grant from the Type A Corporation to Craft Training Center for expansion of its facility; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $750,000. Corpus Christi Page 6 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 Attachments: Agenda memo - Craft Training Center ORDINANCE Craftr 8 -8 -12 Craft Training Center Type A Agreement Amendment 18 12 -00575 Second Reading Ordinance - Agreement and appropriation of funds for two additional crossing guards at Flour Bluff ISO (First Reading 8/21/12) Ordinance authorizing the City Manager or designee to execute an agreement with the Flour Bluff Independent School District to reimburse the City of Corpus Christi for the services of three additional School Crossing Guard positions during the school year 12/13 and for each subsequent school year; and appropriating $20,000 from Flour Bluff Independent School District for two additional school crossing guards, changing the FY2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $20,000 each. Attachments: FBISD agenda memo Ordinance - Flour Bluff Crossing Guards 2012 - Police FBISD Crossing Guard Agreement SCG add FBISD certification of funds 19 12 -00577 Second Reading Ordinance - Transferring and appropriating funds for a professional services contract to analyze the current condition of the Barge Dock (First Reading 8/21/12) Ordinance transferring and appropriating $350,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CI P Fund for the Barge Dock Elevation Phase 1 Project; authorizing the City Manager or designee to execute a Professional Services Contract with RVE, Inc. of Corpus Christi, Texas in the amount of $309,870.00 for the Barge Dock Elevation Phase 1 Project. Attachments: Memo - Barge Dock Protect Budget - Barge Dock.xlsx Location Map - Barge Dock.pdf Ordinance - Barge Dock.docx Contract - Barge Dock.pdf Presentation - Barge Dock.pdf J. EXECUTIVE SESSION: (ITEM 20) 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 Corpus Christi Page 7 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 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. 20 12 -00626 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding City of Greenville v. Syngenta Crop Protection, Inc. and Syngenta AG, Case No. 3:10 -cv- 00188- JPG -PMF, presently pending in the United States District Court for the Southern District of Illinois, with possible discussion and action in open session. Corpus Christi Page 8 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 K. PUBLIC HEARINGS: (ITEMS 21 -22) 21 12 -00561 First Reading Ordinance - Amending the Urban Transportation Plan and redesignating County Road 52 from 4 lane with a median to 4 lane with a continuous left turn lane located between US 77 and Callicoatte Road Public Hearing to consider an Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by re- designating County Road 52 from an A -2 Arterial (100 -foot right -of -way, four lanes, and a median) to an A -1 Arterial (95 -foot right -of -way, four lanes, and a continuous left turn lane) between U.S. Hwy. 77 and Callicoatte Road; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda memo - Urban Transportation Plan Amendment Ordinance Urban Transportation Code CR 52.doc Unofficial minutes - Planning Commission Meeting 7 -18 -12 PPT - County Road 52 22 12 -00562 First Reading Ordinance - Amending the Urban Transportation Plan to consolidate two proposed collector streets into a single collector located midpoint between CR 69 and US 77 Public Hearing to consider an Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by consolidation of two north -south collector streets into a single collector street generally located midpoint between County Road 69 and U.S. Hwy. 77; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: New Agenda Memo Northwest Consolidate Two Collectors.docx Ordinance Urban Transportation Plan CR 69 and HW 77.doc Unofficial minutes - Planning Commission Meeting 7 -18 -12 2 PPT- Consolidation of two collectors Northwest L. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. M. FIRST READING ORDINANCES: (ITEMS 23 - 25) Corpus Christi Page 9 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 23 12 -00595 First Reading Ordinance - Accepting and appropriating a State grant for overtime enforcement of Driving While Intoxicated (DWI) and speeding Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $60,528.90 for the 2013 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $68,842.11, for a total project cost of $129,371.01 and appropriating $60,528.90 in the No. 1061 Police Grants Fund. Attachments: Agenda memo - STEP appropriation Ordinance - (STEP) grant 2012 - Police Grant Agreement - Texas Department of Transportation 24 12 -00610 First Reading Ordinance - Accepting and appropriating a federal grant and awarding a construction contract for the runway extension /displacement and taxiway project at the Airport Ordinance accepting and appropriating $16,345,505.00 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 049 -2012 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 Extension Displacement and Associated Taxiways and Runway 13/31 Connecting Taxiways Project; changing the FY2012 -2013 Capital Budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $5,545,505.00 each; authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi in the amount of $12,841,419.06 for Base Bid Plus Additive Alternates 1, 2 and 3 for the Runway 17/35 Extension /Displacement and Connecting Taxiway Project. Attachments: Memo - CCIA Runway Budget - CCIA Runway Location Map - Runway 17 -35 Ordinance 2nd Reading- Runway 17 -35 Presentation - CCIA Runway 25 12 -00620 First Reading Ordinance - Accepting and appropriating a State grant for a marketing campaign to improve air service at the airport Authorizing the City Manager or designee to execute all documents necessary to accept Small Community Air Service Development Program from the United States Department of Transportation (USDOT) in the amount of $300,000 and appropriating $300,000 from the United Corpus Christi Page 10 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 States Department of Transportation Small Community Air Service Development Program in the No. 1055 Airport Grants Fund for a marketing campaign to educate travelers on benefits of local air service at Corpus Christi International Airport. Attachments: Agenda memo - Air Service Grant Ord- approp -DOT Grant 8 -17 -12 non - emergency Corpus Christi TX GrantAgreement Final N. FUTURE AGENDA ITEMS: (ITEMS 26 - 33) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 26 12 -00597 Supply agreement for asphalt used for street construction and repair Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Invitation No. BI- 0210 -12, based on lowest responsible bid, for an estimated 6 -month expenditure of $376,731.00. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Street Operations in FY 2012 -2013. Attachments: Agenda Memo - Enulsified Polymerized Asphalt Bid Tabulation - Emulsified Polymerized Asphalt.xlsx 27 12 -00446 Participation agreement and Reimbursement agreement to fund street and water improvements for future development located south of Yorktown Blvd. and east of Cimarron Blvd. (Bond 2008) Motion authorizing the City Manager to execute a Participation Agreement for $88,000 for City's portion of Excalibur Road, and a Water Arterial Transmission and Grid Main Extension Construction and Reimbursement Agreement for $18,171.34, each with MPM Development LP, Developer of Royal Creek Estates Unit 4. Attachments: Agenda Memo- Royal Creek Unit 4, Participation Agreement.Signed Water Reimbursement Agreement. Signed 28 12 -00591 Professional services contract to obtain Legal services for general water law issues Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus Corpus Christi Page 11 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 expenses and authorize $50,000 for consultant subcontracts needed to assist with resolution of water law issues. Attachments: Agenda Memo re Tim Brown Legal Services contract Ltr -Tim Brown Legal Services Agreement FY 2012 -2013 29 12 -00606 Amendment to contract to continue Packery Channel monitoring through FY 2012 - 2013 Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to the contract between the City of Corpus Christi and Texas A &M University- Corpus Christi in the amount of $314,389.00, for a restated amount not to exceed $1,548,028.00, for Packery Channel Monitoring for Fiscal Year 2012 -2013. Attachments: Agenda Memo - Packery Channel Monitoring 2012- 2013.docx Protect Budget - Packery Channel Monitoring 2012- 2013.xls Location Map - Packery Channel Monitoring 2012- 2013.pdf Contract - Packery Channel Monitoring 2012- 2013.pdf 30 12 -00569 Resolution declaring intent to establish a street user fee Resolution declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. Attachments: Agenda memo - Street user fee Resolution - Street Fee FUTURE PUBLIC HEARINGS: ITEMS 31 - 32) 31 12 -00609 Change of zoning from single - family 6 district to the neighborhood commercial district at 1221, 1225, 1237 Home Rd. Case No. 0712 -02: Hutton Company: A change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District, resulting in a change of future land use from low density residential to commercial. The property to be rezoned is described as Laguna Acres, Block 1, Lots 2, 3 and 4, located near the southwest corner of Columbia Street and Home Road. Planning Commission & Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District. ORDINANCE Corpus Christi Page 12 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 Ordinance amending the Unified Development Code ( "UDC ") upon application by Hutton Company, on behalf of Guadalupe Silva Reyes (owner of lots 2 and 3) and Mayan Sun Enterprises, LTD (owner of lot 4) ( "Owners "), by changing the UDC Zoning Map in reference to Laguna Acres, Block 1, Lots 2, 3, and 4, from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; providing for publication; and declaring an emergency. Attachments: Agenda Memo, Hutton Company (8- 16 -12) Aerial View, Hutton Company Report, Hutton Company, FINAL for CC (8 -2 -12) Ordinance w Exh A, Hutton Co (8 -1 -12) 32 12 -00612 Change of zoning from the farm rural district to the light industrial district at 8018 Sedwick Road Case No. 0712 -03 Michael N. Gunning: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change of future land use. The property to be rezoned is described as a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots, located on the north side of Sedwick Road and approximately 1,000 feet west of Rhew Road. Planning Commission & Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Michael N. Gunning, on behalf of Eloy Salazar and Rick A. Martinez ( "Owners "), by changing the UDC Zoning Map in reference to a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots, from the "FR" Farm Rural 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 for penalties; providing for publication; and declaring an emergency. Attachments: Agenda Memo Michael Gunning (8- 14 -12) Aerial Overview Map M.Gunninq Zoning Report w attachments, Michael Gunning 8 -14 -12 Ordinance w Attchmts, Gunning (8- 14 -12) Corpus Christi Page 13 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 FUTURE CORPORATION MEETING: (ITEM 33) 33 12-00515 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) 1. Call meeting to order 2. Secretary Armando Chapa calls roll. 3. Motion appointing Councilman Kelley Allen as a board member of the CCCIC. 4. Approve minutes from Board meeting of June 28, 2011. 5. Treasurer's Report 6. Appointments to the Loan Review Committee 7. Public Comment 8. Adjournment Attachments: Agenda memo CCCIC CCCIC Agenda CCCIC Minutes 6-28-11 Mtqpdf CCC|C'Counci|Paoket.dou Tmaaune/aReport.pdf 0. UPDATES TO CITY COUNCIL: (ITEMS 34 - 35) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited 34 12-00559 Status of New Broadway Wastewater Treatment Plant Attachments: Memo Broadway Presentation Presentation Broadway VVVVTP Construction Photos Auqust 28 2012 35 12-00619 Downtown Streets Chaparral (Bond 2008) Attachments: Memo Downtown Streets Chaparral Memo August O2012 Memo June 72O12 Chaparral St 8-28-12 City Council Presentation Corpus Christi Page 14 Printed on 8/24/2012 City Council Meeting Agenda - Final August 28, 2012 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. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. 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 15 Printed on 8/24/2012 AGENDA MEMORANDUM Future Item for the City Council Meeting of (8/21/12) Action Item for the City Council Meeting of (8/28/12) DATE: August 10, 2012 TO: Ronald L. Olson, City Manager FROM: Herb Canales, Library Director herbc(a�cctexas.com 826 -7070 Renaming the Greenwood Branch Library and the Children's Library CAPTION: Resolution authorizing the name change of the Greenwood Library to the Ben F. McDonald Public Library and the naming of the Greenwood Library children's area the Velia and Joe De Leon Children's Library. PURPOSE: Authorizing renaming Greenwood Branch Library and the Greenwood Library children's area. BACKGROUND AND FINDINGS: Mayor Joe Adame has requested renaming the Greenwood Branch Library in honor of former mayor Ben F. McDonald and renaming the Greenwood Branch Library children's area in honor of Velia and Joe De Leon. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Current Council policy approved by Resolution 21901, 8. Naming of City Facilities, states: "final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City boards, commissions, committees or advisory bodies." EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: None ❑ 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 RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: None. Resolution Authorizing the name change of the Greenwood Library to the Ben F. McDonald Public Library and naming the Greenwood Library children's area the Velia and Joe De Leon Children's Library WHEREAS, Mayor Ben F. McDonald was instrumental in passing civil rights ordinances in the City during the early 60's and was a prominent force in shaping Corpus Christi history during those years; WHEREAS, Mayor Ben F. McDonald promoted the development of branch libraries in Corpus Christi; WHEREAS, Ben F. McDonald had the distinction of running a major State agency, The Texas Department of Community Affairs; and WHEREAS, Councilmember Joe De Leon promoted the development of branch libraries, and in particular, the construction of the Greenwood Library; WHEREAS, Velia De Leon worked on behalf of the library system as a board member for many years; WHEREAS, Velia De Leon was a promoter of libraries and books in South Texas beginning in the 1920s; WHEREAS, Velia De Leon was involved with the Corpus Christi Public Library system from the 1950s until she passed away in 1990, and was involved in the construction of the Greenwood Library in 1966; and WHEREAS, in honor of Ben F. McDonald and in honor of Velia and Joe De Leon; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The name change of the Greenwood Library to the Ben F. McDonald Public Library is hereby authorized. Section 2. The naming of the Greenwood Library children's area to Velia and Joe De Leon Children's Library is hereby authorized. Section 3. This Resolution shall become effective on the date of final City Council approval. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary 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 Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: August 6, 2012 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Emily Martinez (361) 882 -7448 emartinez@ccredc.com Tax Abatement for Mr. Owen A. Norton for the property located at 908 and 916 -928 Staples Street CAPTION: Resolution authorizing the execution of an agreement with Mr. Owen A. Norton providing for temporary property tax abatement. PURPOSE: Granting a tax abatement to Mr. Owen A. Norton for a term of up to eight years. BACKGROUND AND FINDINGS: Mr. Owen A. Norton submitted an application for incentives to the City of Corpus Christi requesting tax abatement for the building located at 908 and 916 -928 Staples Street. The development is located within the Texas Enterprise Zone, a council identified catalyst area. In accordance with the City's Tax Abatement Guidelines and Criteria, Mr. Norton is seeking tax abatement as per section 3 of the Guidelines: The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any the project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. Level 3 provides a maximum number of 8 years tax abatement, including up to 2 years during construction. The increment value of the City's ad- valorem tax will be abated based on the following schedule: • Years 1 -5 100% (not to exceed 2 years for construction) • Year 6 75% • Year 7 50% • Year 8 25% The 8,950 square foot building will become a restaurant, and retail and office space keeping the period look. Improvements are estimated to be approximately $425,000. The property is currently appraised at $76,946 and is currently vacant. This project will create 10 permanent jobs. ALTERNATIVES: There are no other incentives available to a project this size. It is below the investment limits for a County or College District abatement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This tax abatement is eligible for a Tier 3 treatment. It is in a Texas Enterprise Zone and it is locally owned. EMERGENCY / NON - EMERGENCY: NON - EMERGENCY 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: RECOMMENDATION: Staff recommends approval to grant tax abatement to Owen A. Norton, the owner of taxable property located at 908 and 916 -928 Staples Street in accordance with the City's Tax Abatement Guidelines and Criteria. LIST OF SUPPORTING DOCUMENTS: Tax Abatement Application Tax Abatement Agreement Page 1 of 2 Resolution Authorizing the execution of an agreement with Mr. Owen A. Norton providing for temporary property tax abatement Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City of Corpus Christi, Texas (the "City ") to enter into tax abatement agreements for projects meeting the guidelines and criteria for granting tax abatement duly adopted by the City; and Whereas, an application for temporary tax abatement has been filed with the City by Mr. Owen A. Norton for the construction of improvements to facilities in the City; and Whereas, the property to be covered by the proposed tax abatement agreement is located in the city limits of the City within an area designated as a reinvestment zone eligible for property tax abatement under the provisions of the Act; and Whereas, the project is not located on property that is owned or leased by a person who is a member of the City Council of the City of Corpus Christi; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council finds and determines that the terms of the proposed agreement with Mr. Owen A. Norton providing for temporary property tax abatement and the property subject to the proposed agreement meet the applicable guidelines and criteria, as amended, adopted by the City. The City Council further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long term benefit of the City. SECTION 2. The Tax Abatement Agreement with Mr. Owen A. Norton, attached as Exhibit A, is approved, and the City Manager is authorized to execute the agreement. This resolution takes effect upon City Council approval on this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0003 2 RESOLUTION - Owen Norton Tax Abatement 7 -19 -12 Joe Adame Mayor Page 2 of 2 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 0003 2 RESOLUTION - Owen Norton Tax Abatement 7 -19 -12 TAX ABATEMENT AGREEMENT This Tax Abatement Agreement ("Agreement") is made and entered into by and between the City of Corpus Christi, Texas ("City") and Owen A. Norton, a Sole Proprietor, the owner of taxable property ("Owner") in the City of Corpus Christi, Texas, located on 908 and 916-928 Staples Street, Corpus Christi, Nueces County, Texas ("Property"). I. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the City. IL DEFINITIONS A. As used in this Agreement, the following terms have the following meanings: 1. "Abatement" means the temporary or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act 2. "Added Value" means the increase in the assessed value of the Eligible Property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." 3. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement, plus the agreed upon value of Improvements made after January 1, but before the execution of this Agreement. 4. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting the Improvements. (a) The Construction Phase ends upon the earliest to occur of the following events: (1) When a certificate of occupancy is issued for the project (if within City limits). (2) When commercial production of a product or provision of a service is achieved at the facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two (2) years after the date of this Agreement. (b) The determination of the end of the Construction Phase is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City may deem relevant. Page 1 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) (c) The determination of the end of the Construction Phase by the City is conclusive, and any judicial review of the determination is governed by the substantial evidence rule. 5. "Eligible Property" means the buildings, structures, site improvements, and that office space and certain personal property necessary to the operation and administration of the Facility to be constructed under this Agreement. A list of the Eligible Property is set forth in the Project Description, which is attached to this Agreement as Exhibit A and made a part of this Agreement. During the Construction Phase of the Eligible Property, the Owner may make the change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. 6. "Facility" means a Basic Manufacturing or Service Facility, Regional Distribution Center Facility, Regional Telecommunications/Data Processing Center Facility, Regional Visitor Amusement Facility, Central Business District (CBD) Residential Facility, Renewal Community Facility, or Petrochemical Facility approved by the City as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the City. 7. "Improvements" means the buildings, portions of buildings, and other improvements, including fixed machinery and equipment, used for commercial or industrial purposes on the Property. 8. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased, except as provided in Section 2(e); any improvements, including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the Facility; improvements to real property which have an economic life of less than 15 years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated, or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the City. B. The Guidelines and Criteria for Granting Tax Abatement adopted by the City are incorporated as a part of this Agreement. Except as the guidelines and criteria are specifically modified by this Agreement, all definitions in the guidelines and criteria are applicable to this Agreement. Ill. PROPERTY A. The Property is an area within the City of Corpus Christi, Texas, located in whole or in part within the jurisdiction of the City, and is more fully described in Exhibit B, which is attached to this Agreement and made a part of this Agreement. The Property is located within a zone for tax abatement established under Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi, Texas. B. The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. 7921-0002-0080 (R2000 18 612) Page 2 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) Land $32,200 C. The City and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $44,746 D. Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $76,946 IV. TERM OF ABATEMENT AND AGREEMENT A. The City agrees to abate the ad valorem taxes on the Eligible Property under this Article and Articles V and VI of this Agreement. The Abatement is effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement continues for up to two (2) years during the period of the Construction Phase and for the next six (6) full tax years after the Construction Phase, expiring as of December 31 of the 2020 tax year. If the period of the Construction Phase exceeds two (2) years, the Facility is considered completed for purposes of Abatement, and in no case may the period of Abatement, inclusive of construction and completion, exceed eight (8) tax years. The years of Abatement provided in this Agreement in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event may the Abatement extend beyond December 31 of the 2020 tax year. This Abatement also covers as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post-construction two (2) year period of Abatement. In no event, however, may the total Abatement period for the Eligible Property exceed the maximum six (6) year Abatement period for the entire project as specified in this Agreement. B. The term of this Agreement continues for a period of five (5) years following expiration of the abatement period. All terms and conditions imposed upon the Owner continue in effect during the period, and the Owner is obligated specifically to continue the minimum employment levels specified in this Agreement. Any default is subject to the provisions of Article VIII of this Agreement. V. TAXABILITY During the period that the Abatement is effective, taxes are payable as follows: 1. The value of the land comprising the Property is fully taxable. 2. The Base Year Value of existing Improvements comprising the Property is fully taxable. 3. The value of Ineligible Property is fully taxable. 4. The Added Value of Eligible Property is abated under Article VI of this Agreement. VI. AMOUNT OF ABATEMENT Page 3 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) The Abatement provided by this Agreement is based upon a small Us ;ss facility located in a catalyst area " - . Owner represents and warrants that this project will add 10 additional permanent or full-time operating or contract employees and will maintain the same level of employment for the term of the abatement agreement. The percentage of tax abated is under the following schedule: Construction Period (not to exceed 2 years) Year Year 2 Year 3 Year 4 Year 5 Year 6 Percentage of Abatement 100% 25% B. In order to be counted as a permanent job under this Agreement, the job must be a full-time position providing regular work schedules of at least 35 hours per week. For compliance purposes, the determination date is January 1 of each year, commencing with the January 1 following the date of completion of construction. The percentage of abatement provided each year under this Agreement is based upon the employment information as of January 1 of the year. As a result, the actual amount of abatement may vary from year to year based upon employment levels and property valuations. C. At the time of execution of this Agreement, the Owner reasonably estimates and represents to the City that the Added Value comprising permanent Improvements upon completion of the Construction Phase is: $425,000 ("Estimated Added Value"), of which $425,000 is eligible for tax abatement. D. In the event that upon completion of the Construction Phase, the Added Value of permanent Improvements, as determined by the Appraisal District, is at any time during the period of Abatement less than eight-five percent (85%) of the Estimated Added Value, not due to circumstances beyond the control of Owner, the Owner agrees to pay, as additional taxes under this Agreement, an amount equal to the then current tax rate of the City applied to the difference between the Added Value from eighty-five percent (85%) of the Estimated Added Value, multiplied by 100%, minus the net percentage of Abatement provided under this Agreement. For the purposes of this provision, the term "circumstances beyond the control of Owner" includes casualty losses, national economic factors, shutdowns due to governmental regulations, strikes, acts of war; and the like. E. The formula for calculating the additional tax is outlined as follows: Page 4 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) (Tax Rate] x [(85% of Est. Added Value - Actual AV) (100% - Abatement %)] = Additional Tax. VII. CONTEMPLATED IMPROVEMENTS A. The contemplated improvements are set forth in the Project Description attached as Exhibit "A." During the Construction Phase, the Owner may make the change orders to the project that are reasonably necessary, provided that no change order may be made that will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the City. All improvements must be completed under all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property is limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. B. Owner represents and warrants that this project will add 10 additional permanent or full-time operating or contract employees and will maintain the same level of employment for the term of the abatement agreement. Also, Owner represents and warrants the project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to another. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Failure to Commence Operation During Term of Agreement. In the event that the Facility is not completed and does not begin operation with the minimum number of 10 permanent jobs by the January 1 following the completion of construction, no abatement is given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. In the event that the Owner fails to begin operation with the minimum number of 10 permanent jobs by the next January 1, then this Abatement Agreement terminates and all abated taxes during the period of construction are recaptured and must be paid within 60 days of the termination. B. Discontinuance of Operations During Term of Abatement. In the event the Facility is completed and begins operation with the required minimum number of permanent jobs, but subsequently discontinues operations or the minimum number of permanent jobs is not maintained on any January 1 during the term of the Agreement after the completion of construction, for any reason except on a temporary basis due to fire, explosion, or other casualty, accident, or natural disaster, the Agreement may be terminated by the City, and all taxes previously abated by virtue of this Agreement are recaptured and must be paid within 60 days of the termination. C. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent or fails to timely and properly follow the legal procedures for their protest or contest, this Agreement terminates and the abatement of the taxes for the calendar year of the delinquency also terminates. The total taxes assessed without abatement for that calendar year must be paid within sixty (60) days from the date of termination. Penalty and interest do not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrue under the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement begin to accrue as of the date the taxes were due under the laws of the State of Texas. Page 5 of 14 Project Cap Tax Abatement Agreement 7- -12 (2) D. Notice of Default. Should the City determine that the Owner is in default under the terms and conditions of this Agreement, City must notify the Owner that if the default is not cured within sixty (60) days from the date of the notice ("Cure Period"), then this Agreement may be terminated. In the event the Owner fails to cure the default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and must be paid as provided in this Agreement. E. Actual Added Value. Should the Nueces County Appraisal District determine that the total level of Added Value during any year of the term of this Agreement after completion of the Construction Phase is lower than the Estimated Added Value, then a lower percentage of Abatement is applicable. For each year during which an Abatement has been granted, the difference between the tax abated and the tax that should have been abated based upon the actual Added Value as determined by the City must be paid within 60 days of notification to the Owner of the determination. Penalty and interest does not begin to accrue upon the sum until the first day of the month following the sixty (60) day notice, at which time penalty and interest accrues under the laws of the State of Texas. F. Reduction in Rollback Tax Rate. 1. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the City, but is not treated as "new property value" (as defined in Section 26.012 (17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04 (c) (2) of the Texas Tax Code, and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City recaptures from the Owner a tax in an amount equal to the lesser of the following: (a) The amount of the taxes abated for that year by the City with respect to the Property. (b) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate, computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. 2. If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated under subparagraph (b) above is prorated on the basis of the value of the abatement with respect to each taxpayer. 3. This event does not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above does not apply. The recaptured taxes must be paid within thirty (30) days after notice of the rollback in tax rate has been given to the Owner. Penalty and interest do not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrue under the laws of the State of Texas. G. Continuation of Tax Lien. 1. The amount of tax abated each year under the terms of this Agreement is secured by a first and prior tax lien, which continue in existence from year to year until the time as Page 6 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) this Agreement between the City and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. H. City Council Reserves Right to Terminate or Modify Agreement. In the event of any default by Owner, the City Council reserves the right to terminate or modify this Agreement. I. Owner's right to appeal. 1. Owner must be afforded written notice of the default and the opportunity to cure as provided above. 2. If Owner believes the action was improper, Owner may file an appeal in Nueces County district court within sixty (60) days after written notice of the action by the City. 3. Owner shall remit to the City, within the 60-day period, any additional or recaptured taxes levied under the payment provisions of Texas Tax Code § 42.08. 4. If the final determination of the appeal increases Owner's tax liability above the amount paid, Owner shall remit the additional tax under Tax Code § 42.42. 5. If the final determination of the appeal decreases Owner's tax liability, the City will refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable under Tax Code § 42.43. IX. ADMINISTRATION A. Inspections. The Owner shall allow employees and/or representatives of the City to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty-four (24) hours prior notice, and conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections must be made with one or more representatives of the Owner and under Owner's safety standards. B. Appraisals. 1. The Chief Appraiser of the Nueces County Appraisal District annually determines: (a) The taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement. (b) The full taxable value without Abatement of the real and personal property comprising the Property. 2. The Chief Appraiser records both the abated taxable value and the full taxable value in the appraisal records. 3. The full taxable value figure listed in the appraisal records is used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. Page 7 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) 4. Each year the Owner shall furnish the Chief Appraiser with the information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified in this Agreement. C. Annual Reports. 1. Owner shall certify to the governing body of the City on or before April 1 each year that the Owner is in compliance with each applicable term of this Agreement. 2. Additionally, during the initial four years of the term of property tax abatement, Owner shall provide to the City an annual report covering those items listed on Schedule I attached to this Agreement in order to document the efforts of the Owner to acquire goods and services on a local basis. 3. The annual report is prepared on a calendar year basis and is submitted to the City no later than ninety (90) days following the end of each the calendar year. 4. The annual report is accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. 5. The copies of the four prior quarterly IRS 941 returns must be provided to verify employment. D. Utilization of Local Contractors and Suppliers. Owner agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements. 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. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. E. Utilization of Disadvantaged Business Enterprises ("DBE". Owner agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Owner agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Owner agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Owner to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Owner is in compliance with this requirement. Failure to substantially comply with this requirement, in the Page 8 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. F. Living Wage Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. G. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. H. Undocumented Workers. Owner does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Owner is convicted of a violation under §U.S.C. Section 1324a(f), Owner shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Owner has been notified of the violation. X. ASSIGNMENT A. The Owner may assign this Agreement to any one or more corporation(s), 50% or more of the outstanding voting securities of which are owned, directly or indirectly, by one of the Owners, or any partnership(s) or limited partnership(s) in which an Owner, or a subsidiary of an Owner, is a general partner. B. The Owner may assign this Agreement to any other new owner or lessee of the Facility with the prior written consent of the City, which consent may not be unreasonably withheld. C. Any assignment must provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor and become the Owner upon the same terms and conditions as set out in this Agreement. D. In the event more than one entity is Owner under this Agreement, the obligations of the entities is joint and several. E. Any assignment of this Agreement is to an entity that must provide substantially the same improvements to the Property, except to the extent the improvements have been completed. F. No assignment is approved if the Owner or any assignee is indebted to the City for ad valorem taxes or other obligations. XL NOTICES A. Any notice required to be given under the provisions of this Agreement must be in writing and is duly served when deposited, with the proper postage prepaid, and registered or certified, return receipt requested, with the United States Postal Service, addressed to the City or Owner at the addresses listed below. Page 9 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) B. If mailed, any notice or communication is deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices are delivered to the following addresses: To the City: To the Owner: CITY OF CORPUS CHRISTI 1201 Leopard Street P. 0. Box 9277 Corpus Christi, Texas 78469 Attn: City Manager Owen Norton 4003 Bunny Run Austin, Texas 78746 C. Either party may designate a different address by giving the other party ten days written notice. This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. Executed this day of , 2012. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa Ronald L. Olson City Secretary City Manager Page 10 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) OWNER: Owen A. Norton By ACKNOWLEDGMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF This instrument was acknowledged before me on , 2012, by Owen A. Norton, Sole Proprietor. NOTARY PUBLIC, State of Texas Page 11 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) SCHEDULE 1 "Buy Local" Annual Reports The following information is reported to the City on a calendar-year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" are defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. 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. Page 12 of 14 Project Cap Tax Abatement Agreement 7-19-12 (2) Exhibit A Project Plan Mr. Norton will renovate this 1920's era strip center as defined as 918-926 Staples Street with the adjacent parking lot defined as 908 Staples. The owner will invest approximately $425,000 to create retail, restaurant, and office space keeping the period look. This will revitalize this area of town by providing a mixed use facility. Page 13 of 14 Project Cap Tax Abatement Agreement 7-1912 (2) EXHIBIT B Description of Property Page 14 of 14 Project Cap Tax Abatement Agreement 7 -19 -12 (2) APPLICATION FOR TAX ABATEMENT This application should be filed prior to the beginning of construction or the installation of improvements. The filing of this document acknowledges familiarity and conformance with Guidelines and Criteria for Granting Tax Abatement. This application will become part of the Tax Abatement Agreement and any knowingly false representations will be grounds for terminating the Agreement. This Application should be submitted to the City Manager, City Hall, 1201 Leopard, P.O. Box 9277, Corpus Christi, Texas 78469 (for properties inside the City limits) and to the County Judge, Nueces County Courthouse, 901 Leopard Street, Corpus Christi, Texas 78401 (for properties in unincorporated areas). FOUR COPIES OF THE APPLICATION SHOULD BE FILED WITH THE APPROPRIATE GOVERNMENTAL UNIT. .. .... ......... A cant Information Date Project Inforpiation Use of Facility, asic Manufacturing or Service Industry OPetrochemical Facility El Regional Visitor/Amusement Facility o Renewal Community Facility ibe Pro ct, Service or Facility to be provided. 11/4„ Project Description: ATTACH ANNUAL REPORT Number of Employees ORegional Distribution Center ORegional Telecommunications Facility DEnterprise Zone Residential Redevelopment Facility .1 Attach as Exhibit A (one or more letter-size pages) a statement fully explaining the project, descn. e xiati g tJ and improvements, describing all proposed improvements and investments, and providing a list of improvements and property for which abatement is requested. qtk, Operation Address an Le, City School District [WOW PROJECT DEXPANSION MODERN]ZATION Description Attach as Exhibit B (one or more letter-size pages) a complete legal description and/or map showing proposed site. Economic Information cmistruction Estimates Commencement Date: Completion Date: Peak Construction Jobs: Total Cost of Constriction: Permanent Employment Esti mat Permanent Employment Number of Jobs Created PAGE TWO IF MODERNIZATION: Estimated Economic Life of Existing Plant: U-, Added Economic Life from Modernization: Estimated Appraised Value on Site As of January 1 Preceding Abatement Agreement Value of Abated Property upon Completion of Project Value upon Completion of Project of any Property and Project Improvements not subject to Abatement Land Improvements Personal Property Z:6 043-0 bC) Is the land currently under an agricultural-use or open-space exemption? Yes Land/Imp, Tax Acct, No, Personal Prop, Acct, No, VARIANCE, Is the applicant seeking variance under Section 3(0 of the Guidelines? Yes ONo Off -yes" attach the required supplementary information, OTHER ABATEMENTS: Has the applicant made application for abatement of project by another taxing jurisdiction or nearby counties? Yes ONo Off "yes" provide dates of application, hearing dates, if scheduled, name 01k risdiction ad contacts, and letters of intent, COMPA RESENTAT Name: Name and Title of Authorized Company Official INSTRUCTIONS Applicants and projects must meet the requirements established by the Guidelines and Criteria in order to receive positive consideration. Section 2 of the Guidelines, for example, sets out regulations governing eligible facilities, eligible and ineligible improvements, terms and economic qualifications. Conformance with all sections is required for eligibility. APPLICATION INFORMATION The taxing unit may consider Applicant's financial capacity in determining whether to enter into an abatement agreement. Established companies for which public information is available, or the wholly-owned businesses of such companies, should attach a statement showing when the company was established, business references (name, contact and telephone number of principal bank, accountant and attorney) and may be required to submit an audited financial statement and business plan. PROJECT INFORMATION Only facilities listed in the Guidelines may receive abatement without applying for a variance. Check the definitions in the Guidelines to see if your project qualifies. If the project is a Basic Manufacturing or Service Industry or a Regional Distribution Center, the Application should include market studies, business plans or other materials demonstrating that the facility is intended to serve a market the majority of which is outside of the Nueces County region. ECONOMIC INFORMATION Permanent Employment Estimates — In estimating permanent employment, include the total number of jobs (using Full Time Equivalents) created at this site by your firm as well as known permanent jobs of service contractors required for operation. Estimated Appraised Value on Site — The value January 1 preceding abatement should be the value established by the Nueces County Appraisal District. If the Applicant must estimate value because the taxable value is not known or is combined with our properties under a single tax account, please so state. To qualify, the abated properties must meet the criteria outlined in the Tax Abatement Policy. Projections of value should be a "best estimate" based on taxability in Texas, August 20, 2012 Nueces County County Judge Loyd Neal 901 Leopard Street, Room 303 Corpus Christi, Texas 78401 Corpus Christi Independent School District Superintendent Scott El liff 801 Leopard Street Corpus Christi, Texas 78401 Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION This is notice that the City of Corpus Christi intends to determine whether to grant a temporary tax abatement to Owen Norton for his property located at 908 and 916-928 South Staples Street in Corpus Christi, Texas on August 28, 2012 in the City of Corpus Christi's City Council room in City Hall located at 1201 Leopard Street Corpus Christi, Texas. This property is in a Texas Enterprise Zone and is eligible for a Tier 3 abatement which is based upon a mixed use facility located in a catalyst area. Owner represents and warrants that this project will add 10 additional permanent or full-time operating or contract employees and will maintain the same level of employment for the term of the abatement agreement. The percentage of tax abated is under the following schedule: Percentage of Abatement Construction Period (not to exceed 2 years) Year 4 Year 5 Year 6 100% 100% 100% 100% 75°A) 50% 25% As required by Texas Tax Code Section 312, all taxing jurisdictions must be notified at least seven (7) days prior to the public hearing. If you have any concerns please be present at this hearing. Mike Culbertson Vice President One Shoreline Plaza 800 North Shoreline Blvd. Suite 1300 South Corpus Christi,Texas 78491 p 361-882-7448 f 361-862-9930 www.ccradc.com AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: July 19, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Execute Change Order No. 8 ADA Sidewalk Accessibility Improvements Staples Street from Leopard Street to Six Points (Bond Issue 2004) CAPTION: Motion authorizing the City Manager, or designee, to execute Change Order No. 8 with Safeco Insurance Company of America in the amount of $281,019.24 for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for under -run items, over -run items, additional sidewalk improvements, additional storm water improvements, additional detectable warning surfaces, and reconstruction of curb inlet tops. (Bond Issue 2004) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Change Order No. 8 for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points (Project). BACKGROUND AND FINDINGS: Change Order No. 8 provides for additional funds to accommodate additional construction resulting from unforeseen changes during construction, including additional sidewalk improvements to accommodate the bus stop area adjacent to City Hall, storm water improvements to correct existing system inadequacies, curb inlet top reconstruction to accommodate storm water maintenance equipment, and under -runs and over- runs of various bid items. This change order is largely a reflection of the non - availability of record drawings depicting existing infrastructure in this older section of town as well as issues related to contractor default near the end of project construction duration. This change order was negotiated with the bonding company to resolve all outstanding project construction issues and facilitate project closeout with the Texas Department of Transportation (TxDOT) and the Federal Highway Administration (FHWA). Reconstruction of the curb inlet tops resulted from a design error and associated costs have been deducted from the A/E consultant's contract and previously credited to the project through administrative action. The changes include: C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \970 CITY COUNCIL 8 28_2012 \0004 1 MEMO - CHANGE ORDER 8.DOCX • Sidewalk Improvements along the west side of Staples Street from Lipan to Leopard (adjacent to City Hall) including resurfacing the bus stop area $ 24,456.00 • Additional Storm Water Improvements Required $ 35,025.88 • Detectable Warning Surface at nine Ramps $ 4,800.00 • Reconstruction of curb inlet tops $131,010.00 • Under runs of Various Bid Items - $224,059.25 • Over runs of Various Bid Items $309,786.61 Total cost for unforeseen changes $281,019.24 The Project provides for construction of ADA curb ramps and compliant sidewalks along Staples Street from Leopard Street to Six Points, as part of the City's effort to comply with the Americans with Disabilities Act (ADA). The Project was identified and prioritized by the Committee for Persons with Disabilities (CPWD), and implements parts of both the ADA Transition Plan and the Metropolitan Planning Organization (MPO) Transportation Improvement Program. The City coordinated with TXDOT and the Regional Transportation Authority to maximize resources. Part of the Bond Issue 2004 package for Street Improvements, the Project falls under Bond Issue 2004 ADA Improvements City -Wide and FY 2010 CIP. The Street Improvement Program includes the construction of ADA - compliant barrier -free ramps and sidewalks. ALTERNATIVES: 1. Execute Change Order No. 8 as recommended. 2. Do not execute Change Order No. 8. OTHER CONSIDERATIONS: Change Order No. 8 completes the negotiations with the bonding company or surety that took over the contract when the original contractor defaulted. Executing Change Order No. 8 gives the City the ability to finish the construction and close out the contract. Not closing out this contract could seriously affect the City's receipt of TxDOT and FHWA funding. TxDOT and FHWA funding sources are at a critical point, and failure to close out the project within the mandated timeframes may cause the City to lose the federal funds earmarked for this project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Tex. Loc. Gov't Code § 252.048 regarding Change Orders; FY 2011 -2012 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \970 CITY COUNCIL 8 28 2012 \0004 1 MEMO - CHANGE ORDER 8.DOCX FINANCIAL IMPACT: CIP Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,408,500.00 $1,591,500.00 $0.00 $5,000,000.00 Encumbered / Expended Amount This item $281,019.24 $281,019.24 Future Anticipated Expenditures $0.00 $0.00 BALANCE $3,408,500.00 $1,310,480.76 $0.00 $4,718,980.76 Fund(s): Street and Storm Water CIP Comments: Change Order No. 8 adds 90 calendar days, with anticipated completion approximately November 2012. Thus, funding for this contract will only be required during Fiscal Year 2012 -2013. RECOMMENDATION: City staff recommends that Change Order No. 8 be executed with Safeco Insurance Company of America in the amount of $281,019.24 for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. LIST OF SUPPORTING DOCUMENTS: Location Map Change Order Summary C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \970 CITY COUNCIL 8 28 2012 \0004 1 MEMO - CHANGE ORDER 8.DOCX File : \Mproject \councilexh \6300e.dwg NUECES BAY CORPUS CHRISTI BAY PROJECT # 6300 LOCATION MAP NOT TO SCALE FLOUR BLUFF ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS ALONG STAPLES STREET FROM LEOPARD STREET TO SIX POINTS (BOND 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ PROJECT: APPROVED: CONTRACTOR: DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET August 21, 2012 ADA Accessibility Ramps — Staples Street from Leopard Street to Six Points (Project No. 6300) BOND ISSUE 2004 City Council Motion No. 2009 -015 on January 20, 2009 SLC Construction, L.P. P.O. Box 639 Conroe, TX 77305 Safeco Insurance Company of America TOTAL CONTRACT AMOUNT (January 20, 2009) $2,826,066.92 Motion No. 2009 -015 25% Limit Amount $706,516.73 Change Order No. 1 (September 28, 2009) $4,545.25 Administrative Approval Change Order No. 2 (October 30, 2009) $2,617.86 Administrative Approval Change Order No. 3 (December 10, 2009) $6,458.31 Administrative Approval Change Order No. 4 (January 12, 2010) $81,297.92 Motion No. 2010 -008 Change Order No. 5 (March 19, 2010) $0.00 Administrative Approval Change Order No. 6 (March 24, 2010) $0.00 Administrative Approval Change Order No. 7 (March 30, 2010) $105,079.68 Motion No. 2010 -067 Change Order No. 8 (August 21, 2012) $281,019.24 Motion No. M2012- TOTAL All Change Orders $481,018.26 17.02% < 25% NEW CONTRACT PRICE $3,307,085.18 C: \Program Files \Granicus \Legistar5 \Packet \970_City Council_8_28_2012 \0004_3_Change Order Summary - ADA Access Ramps Staples Street.doc AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: July 19, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Valerie Gray, P.E., Director of Streets and Storm Water Services Vg ray(a� cctexas. corn (361) 826 -1875 Motion to Execute Construction Contract: Williams Drive Phase 1 from Rodd Field to Nile Drive, and Williams Drive Phase 2 from Nile Drive to Airline Road (Bond 2008) CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Materials Testing Agreement with Tolunay -Wong Engineers, Inc., of Corpus Christi, Texas in the amount of $250,570 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile Drive to Airline Road. (Bond 2008). PURPOSE: This item proposes to award a construction materials testing agreement for the rehabilitation of Williams Drive from Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway and the construction of a four -lane concrete road. City Council awarded a construction contract for this project on July 24, 2012 and this will complete the item by awarding the testing agreement. BACKGROUND AND FINDINGS: This project includes the rehabilitation of Williams Drive from Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway and the construction of a four -lane concrete road with turning lanes at each intersection, new curb and gutter, sidewalks, ADA curb ramps, bus pads, lane striping, pavement markings, street lighting, signalized intersections, and utility work to improve public safety and traffic flow in the area. This work complies with the Urban Transportation Plan for C3 (four -lane collector) street sections. This project is being phased to cause the least amount of disruption to vehicular traffic, businesses, Smith Elementary School and area residents. This agreement will provide for: • Sampling of soil materials and testing for atterberg limits and moisture /density properties • Compaction testing of soil backfill, sub - grade, fill, base, HMAC • Groundwater sampling • Proof -roll and compaction test of sub -grade • HMAC laboratory testing • Concrete monitoring and testing • Test report preparation and submittal • Related laboratory testing and sample pick -up services ALTERNATIVES: 1. Award the testing agreement as presented 2. Do not award the testing agreement (not recommended) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding award of professional agreements; FY 2012 -2013 Street Capital Budget. EMERGENCY / NON - EMERGENCY: Not Applicable FINANCIAL IMPACT (2012 — 2013 CIP): ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 12 -13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,120,000.00 $12,630,800.00 $10,001,000.00 $24,751,800.00 RTA Contribution 0.00 137,440.00 0.00 137,440.00 TOTAL BUDGET $2,120,000.00 $12,768,240.00 10,001,000.00 $24,889,240.00 Encumbered / Expended Amount 2,120,000.00 0.00 0.00 2,120,000.00 This item 250,570.00 250,570.00 Additional expenditures 0.00 10,000,000.00 7,926,084.10 17,926,084.10 BALANCE $0.00 2,517,670.00 2,074,915.90 $4,592,585.90 Fund(s): Capital / RTA Comments: The RTA contributed $137,400 for the construction of bus stops along the project route. RECOMMENDATION: Tolunay -Wong Engineers, Inc. was awarded the original geotechnical investigation work and is being recommended for the Phase 2 construction materials testing contract. They have worked on their commitment to compliance with City policy on the use of Geotechnical Engineering firms, specifically the requirement to have a locally residing professional engineer working from the local office. Tolunay -Wong has relocated a registered geotechnical engineer from their Houston office to their Corpus Christi office and therefore is now in full compliance with the City policy. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Testing Agreement PROJECT BUDGET Williams Drive Phases 1 & 2 From Rodd Field Road to Airline (BOND ISSUE 2008) Project No. 6466 & 6467 August 21, 2012 FUNDS AVAILABLE FISCAL YEAR 13: Williams Drive Phase 1 $ 2,475,000.00 Williams Drive Phase 2 5,470,000.00 RTA 137,440.00 Storm Water 12,545,600.00 Wastewater 2,569,300.00 Water 1,671,900.00 Gas 20,000.00 TOTAL FUNDS AVAILABLE $ 24,889,240.00 FUNDS REQUIRED: Construction (Reytec Resources): $ 17,714,384.10 Contingencies 1,771,438.41 Texas Department of Transportation Advance Funding Agreement 8,562.00 Consultant Fees: *Consultant (Nesmith) 1,232,714.00 * *Consultant (RVI) 1,115,640.00 Geotechnical Testing (Tolunay -Wong) 19,896.25 Materials Testing (Tolunay -Wong) THIS ITEM 250,570.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) (1.75 %) 248,892.40 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) (2.5 %) 373,338.60 Finance Reimbursement (1.25 %) 248,892.40 Misc. (Printing, Advertising, etc.) 20,000.00 TOTAL $23,004,328.16 ESTIMATED PROJECT BUDGET BALANCE $ 1,884,911.84 File : \ Mproject \councilexh \exh6466- 6467.dwg NUECES BAY CORPUS CHRISTI BAY N PROJECT #6466 & #6467 LOCATION MAP NOT TO SCALE FLOUR BLUFF PROJECT #6466 WILLIAMS DRIVE, PHASE 1 FROM RODD FIELD ROAD TO NILE DRIVE & PROJECT #6467 WILLIAMS DRIVE, PHASE 2 FROM NILE DRIVE TO AIRLINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ ■ fr AGREEMENT for Construction Materials Engineering Laboratory's Inspection and Materials Testing 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 Tolunav -Wong Engineers, Inc., a Texas corporation or partnership ( "LAB "), acting through its duly authorized representative who is John January, Branch Manager, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Williams Drive, Phase Nos. I and 2 — Phase 1 from Rodd Field to Nile Drive (Project No. 6466) and Phase 2 from Nile Drive to Airline Road (Project No. 6467) (Bond 2008) ( "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 "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 $250,570.00 (Two Hundred Fifty Thousand Five Hundred Seventy Dollars and Zero Cents). LAB must submit a completed Summary Sheet with each monthly invoice in the form shown as Exhibit D. Prior to approving any payment, the City must receive a correct invoice, a completed Summary Sheet, and all appropriate supporting documentation. 4. INDEMNIFICATION AND HOLD HARMLESS: "LAB" 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 an regulations of the Federal government, the state, and city which exist at the PROJECT SITE ar- as yo s: None. CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager Public Works, Utilities & Transportation (Date) APPROVED AS TO FORM fN �C• � /J,iZ� Daniel i es, P.E. (Date) Director of Engineering Services Office of Management and Budget (Date) ATTEST Armando Chapa, City Secretary (Date) -WONG ENGINEERS, INC. Jo n "' = ry (Date) Branch Manager 52 3 IH 3 : Suite B -7 Corpus Christi, TX 78408 (361) 884-5050 Office (361) 884 -5052 Fax Tout nay -�Vong Engineers, Inc. 5233 III 37. Suite 1b 7 * Corpus Christie Tit * Plirmm I%-8 4 -5O5.O * Rix 361-104-5 852 MATERIAL TESTING COST ESTIMATE PROPOSAL Nitty 311„ 2IDI2 havesal No:: P12 -0113 City C'0'. jCYts C iristi Deptuttinvrit Etrtginteenitig S'vuviic so it ll 11 tt1 St, Sate 3 0(0) Coma Chi's bt„ 'Texas MIN / t Iilii(QiaY: s11e :. l tmn 1[laiitesi, PE. . Ilniteati�r t t Ilnm�jnaxat tHff ea -fee;4 Rgibruneer. Cleat E i rt r Wit Bliuxam Nom, & 22 Fin= Raddlittal w litti Point IIV i, & ft< i(ti'71 .'(CONC 1C I'I, OPTION) 11 We: atm ppilu trutticdt Ito submit( t( bio, porstfull Ikoir ip titikontauiitg, iontittuur i room ronuttotikdl teNttiitiw, c3kutiir , Id6tt: utoiti4ibtui Iii oiui ikait• kilo ailnaMe: atilittentudi Ipatcitra it. pitql1114111102tittlEitarm toxin uttikusttintiiimit, colt tditu: ipooijautt„ Ipuxolpiatit xil stttaip oil' anti Ipttta tt Ilista.9;. *MAHE OF WORK Ii j;; (1ur tntdintattrotdiiiv, Hiatt ¢ icami9uattibiaiat ttt:at6it until iiut31nddIetil<iu. Ikailbxuiittgst;ituilax StimpiiitigoithiciiinuttiviitlissiottlititsliitglitinitInditclliniktuttilintdidweiklintBilvimapidim .c, elommtetiin ttt ltiia t Jli:�utayti liututidd ill„snli�uttd ;, tiil�, tltttu r;, Ill ttir��f(" iko ( im n fivattiir:rttmillihtg IPixifiadl uxailittmclivatainipttuu diaiuttt* ttlicails ili}ttttdir «o. Illt d1A lltlit;tiutlaaiyyttnliim ( iatat�xtiit�mruniitautRitri ►YcttaNttia: S ` 1[ twtix11plinttlpixtlintxtit hill antdi milk auiittiil do Rid itttttltIittitnxttttttyyttt ttia�;tuttdi t►uit ?ilx 1piiulktuii3 uum�iitu. RTES As yono requested, we have provided a cost estimate for this project.. Estimated ated total east for app items - anticipated were based an the standard TWE flee sdcdule submitted for projects Wit the City of Corpus Ctiriatti, Any additional services no shown on lids proposal will be (MUM in accordance with standard fee schedule,. Sirtcerelyc TOIL �� � .1 WONG ENGINEERS, INC, 11 ko.L 1F-1124 Ein(kawwut : (io #t ( Itlintrafie; Pimpled l dUI akk: CONSTRUCTION MATERIALS TESTING COST ESTIMATE PROPOSAL Cost Estimate for iVilhianis Drive, Phase Nos. I & 2 From Rocldfield - Airline Project No. 6466 & 6467 (CONCRETE OPTION) Description of Services Souks Soils TozEmitiart MoistomeiDensity Relations,. A ' IN El 693 Attetivre, Limits Compessive &web $flute <i ll Saud V MMM1 amp CaKn ri ttte Testing Iflsllii lthtsikp Review Ciomr tuetv'lI'ot lhtfitieiiatm Cyliimoilmw'Omits ISlitm1pikotiel talpt I? iu j tt# lItenansukannit 1Piva1 ittelt lEirgjialaut /l �I;1hIif('11ltsliiic ; �►1��flttdlt'l Iauiiiti i�iitttt iNtattilicacall adlttiiam S1puuiiiiic;(iiaisiljy slttI iiitgy Ills ullic1D) m iigy Nioltlihr,Sirmiinumm UliihJthus { xr.�5 \ 1i lib[ Ct?llut t Quantity Unit Unit 3500 CCU 10 200 500 38.00 ICU' 14000 4$11)) ea e 38.00 clay A 4 1115.00} en 114600B :<lB 1 1(03 33 .,00 kbar 30,409, OM 111,00 cart WIXOXM 11(00 1k2.20 Ihcr 33,200.00 ll l0} 36.0D cI ' 4,501010:0) **Wall WARM I[(0( 8 001(0) lit. ,Ski1lkt dealt e ruin yj itiit V* Mai i &mo net 1I010 NOM Iiir ' Rah ?? I17 1 l) unt 2?dli)(M) ?� 4133t1E1[0) ent IN3)ill • AMID WiNICM 2 DM um 001 71. Lumel um Rom 71 mem unt 2[1())11) 1XI) MOE cda)y 31)(1B Stidi;lttaiitl 1:419 )1111111E» Subarade Testing Soil Technician Sieve Analysis Moisture/Density Relations, ASTM D 1557 Atterberg Limits Groundwater Testing Base Line Testing Additional Testing (if needed) 400 38.00 hr $15,200.00 50 60.00 ea 3,000.00 10 140.00 ea 1,400.00 10 42.00 ea 420.00 Subtotal $20,020.00 3 1,000.00 ea $3,000.00 2 1,000.00 ea 2,000.00 Subtotal $5,000.00 Total $250,570.00 Exhibit B Mandatory Requirements (Revised August, 2008) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to 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 work 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 1 of 1 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 8. 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 EXHIBIT "C" Page 2 of 3 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. EXHIBIT "C" Page3of3 w C V wL 0 a 3 0 I- 0 L c 0 U 0 C 0 c.) 0 as c. C 0 U Basic Services: o 0 T o to co N 25%1 co 25% 50% oo tr) c0 $5,000 $1,000 $0 $6,000 $1,250 $1,500 $3,000 1- N EA EA CD o 0 ° 0 1.n T T oo to N. o o a a o a 0. 40 3, $2, `Z$ $4, N 4 Eft ° 0 ° 0 r T o 0 0 o 0 0 ^ {A. ` Additional Services: Subtotal Additional Services O W A0 W Q) • LL LL CO O 8 U E cn E N • tti co CO Additional Services Fees Total of Fees Last Revision: June 2012 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 t -City of Corpus Christi, Texas as changes occur. Certifying Person: John Jan y a Title: Branch Manager (Type or Print Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. IEXHIBIT "E" Page 2 of 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of 8/21/2012 Action Item for the City Council Meeting of 8/28/2012 DATE: August 24, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; 826 -3729 Gustavo Gonzalez, P.E., Director of Water Operations gustavogo @cctexas.com; 826 -1874 Approval of Professional Services Contract for the Water Program Management Project CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with URS Corporation of Corpus Christi, Texas in the amount of $300,000.00 for the Water Program Management Project. PURPOSE: The purpose of this item is to ensure that the technical, fiscal and operational aspects of all Capital Improvement Projects for the Water Department are fully funded and managed on a full - time basis, to include integration with maintenance and repair projects. BACKGROUND AND FINDINGS: The City is undertaking a number of current and future potable water projects to enhance system reliability and capacity. This project provides a mechanism to fund programmatic planning, oversight and implementation of capital improvement projects. This project will provide a holistic approach to the management of projects and consider efficient project sequencing and overall master planning for the water program. In order to properly manage these projects, the individual or group of individuals must have comprehensive knowledge and experience in Surface Water Treatment (to include raw water pump stations) and Water Distribution Systems; project management; and program management. ALTERNATIVES: 1. Award the contract to URS Corporation as outlined herein. 2. Do not award the contract. OTHER CONSIDERATIONS: The project manager resides in Corpus Christi, Texas and will serve as the principal agent for the project. Local staff and outside expertise will be used as needed to satisfy the program objectives. The majority of work is anticipated to be performed by local staff though. URS Corporation will not engage in work without the prior authorization of the City of Corpus Christi. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process and the FY2012 -2013 Capital Budget. This consultant was selected by the City through Request for Qualifications 2011 -05 solicitation. EMERGENCY / NON - EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $900.00 $599,100.00 $600,000.00 $1,200,000.00 Encumbered / Expended Amount $900.00 $900.00 This item $300,000.00 $0.00 $300,000.00 Future Expenditures $44,100.00 $45,000.00 BALANCE $0.00 $255,000.00 $600,000.00 $855,000.00 Fund(s): Water CIP Revenue Bond Comments: This project is No. WA 01 in the 2012 -2013 Capital Improvement Planning Guide. RECOMMENDATION: City Staff recommends the contract be awarded to URS Corporation of Corpus Christi, Texas, in the amount of $300,000.00 for the Water Program Management Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Water Program Management Project No. E11069 August 21, 2012 FUNDS AVAILABLE: Water CIP TOTAL AVAILABLE: FUNDS REQUIRED: Consultant Fees: Consultant (URS Corporation) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Finance Reimbursements Misc. (Printing, etc.) $ 1,200,000.00 $ 1,200,000.00 $ 300,000.00 $ 24,000.00 $ 15,000.00 $ 6,000.00 TOTAL $ 345,000.00 ESTIMATED PROJECT BUDGET BALANCE $ 855,000.00 \Mproject \councilexhibits \exhE1 1069. dwg F.M. 624 C0RTUS C.3-110-S17 B_AtJ NOTE: CITY WIDE PROGRAM PROJECT # E11069 F. LAGUNA MAiJRE FM 2444 Air co vQ (MU Of Qe° MEXICO LOCATION MAP NOT TO SCALE WATER PROGRAM MANAGEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 A/E AGREEMENT for Architect/Engineer 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 URS CORPORATION, a Nevada corporation, acting through its duly authorized representative who is Jeff Edmonds, P.E., Branch Manager (CONSULTANT), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in connection with City's project, described as follows: Water Program Management (Project No. El1069) (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. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "A ", Scope of Services, and Fee under this AGREEMENT, a fee not to exceed 12simagg (Three Hundred Thousand Dollars and Zero Cents), 4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to indemnify, save harmless and defend the "CITY ", and it's agents, servants, and employees as more fully set forth in "Exhibit B-1". 5. The Term of this Agreement begins on the day it is signed by the City. The City, by and through its City Manager or designee, may extend the Agreement at each calendar year by one year upon agreement of both parties. Payment terms are net 30 days. CITY OF CORPUS CHRISTI URS CORPORATION Oscar R. Martinez Assistant City Manager RECOMMENDED Daniel Biles, P.E. for of E (Date) Dan Warth, (Date) Vice President 711 North Carancahua, Suite 1620 Corpus Christi, TX 78475 (361) 884-7140 e ce (361 888- 10/;°// (Date) eff Edmonds, P.E. ne-ring Services Branch Manager .::.; .. S 11 e a, ]C?, / ting Depart ent (Date) Office of Mgmt and Budget (Date) ( / ate) Project Number: E11069 Funding Source: 550950- 4088 - 00000- E11069 Encumbrance Number: 119b 141&12. 0:\ Documents and Seltingsl5ammy_Yo"ngTocal Senirgs \Trmporary Internet FilestContent.0u1100k15L99F710 AE Agreement.docx h May 29, 2012 Mr. Bill Green, PE City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi, Texas 78401 Subject: Water Program Management Services E10144 Dear Mr. Green: BACKGROUND: The City is undertaking a number of current and future potable water projects to enhance system reliability and capacity. There is a desire to improve planning, prioritization and integration of water capital improvements projects. The City published the 2011 -05 Professional Services Solicitation in November of 2011. That solicitation included Project No. E11069, Water Program Management Services. URS submitted a statement of qualifications to provide those services on December 22, 2011. We were notified of our selection as the most qualified firm for Project No. E11069 on April 11, 2012. This transmittal represents URS' proposal for Program Management Services under the 2011 -05 solicitation. SCOPE OF WORK: URS proposes to provide a wide range of Program Management and consulting services related to the potable water capital improvements program. These services can be described as functioning as an extension of the City of Corpus Christi staff to enhance alignment and control of project delivery within the Water Capital Improvements Program. This section will discuss the types of services that URS proposes to provide. Work will be provided as directed by the City of Corpus Christi project manager as described in written Work Authorizations. URS will not engage in work without the prior authorization of the City of Corpus Christi. Compensation will be as described under "Fees" on page 3 of 4. Develop Program Management Plan (PMP): An important early step in the process is to develop a Program Management Plan. This document will not only set the internal URS framework for operating the program, it will establish standards for use by any service provider working under the water program. Some key issues to be addressed in the PMP are information flow, decision management and an issue escalation plan. Program Management: URS will provide management services to help ensure that overarching objectives of the Water Capital Improvements Program are achieved. These services will be provided by an experienced program manager and other support staff on an as- needed basis. The types of activities under general program management include coordination of URS Corporation 711 North Carancahua, Suite 1620 Corpus Christi, TX 78475 Tel: 361 - 884 -7140 Fax: 361 -888 -4169 www.urscorp.com EXHIBIT "A" Page 1 of 4 Page 2 of 4 information flow, schedule tracking, expediting decisions, budget monitoring and providing enhanced programmatic controls. Coordination: URS will conduct project management meetings to ensure that proper coordination occurs between city departments, individual design efforts and other program stakeholders. Regular meetings will be scheduled and attended by the URS' PM who shall coordinate information flow between project stakeholders. The URS PM will also be available to conduct or attend executive briefings as required. Standardization of Design Contracting: Significant benefits could be realized by implementing standard procedures. Standard procedures can help expedite reviews, avoid duplicated effort and enhance final project outcomes. The PMP will include the development of standardized scopes of work, design procedures, uniform deliverable contents, quality expectations and contract documents. Master Scheduling: URS will maintain a master program schedule to track the progress of individual projects as well as cross - project dependencies. Master scheduling will help keep projects on schedule and improve the coordination between project teams, with outside entities and regulatory agencies. Programming Documents: URS will assist the City to develop strategic programming documents that will be used for high level. planning. These documents will assist with project formulation, prioritization, sequencing, budgeting. Independent Peer Review: URS will provide technical peer reviews of design documents at key project milestones. To avoid conflicts of interest, URS will not be called upon to provide actual design services under this contract. We will reach out periodically to subject matter experts within URS to review the work of design consultants and provide comments and suggestions for improving project outcomes. Cost Estimating: URS can provide budgetary cost estimates for programming purposes as well providing peer review of engineer's estimates that are completed by the design consultants. Technical Consultation: URS will provide technical consultation on an as- needed basis by recognized subject matter experts. When tasked with providing expert technical consultation, the URS PM will determine the EXHIBIT "A" Page 2 of 4 Page 3 of 4 appropriate type of expertise required and screen candidates within URS to identify the best individual for each technical consultation. The deliverables for technical consultations- will - typically -be letter reports. Value Engineering Studies: URS will work with the City's Project Manager to identify individual projects for complete VE studies. At the appropriate design milestone (typically 35 %), a URS facilitator will then lead a team of independent professionals through a five -step process following the SAVE International methodology for producing project improvements. Project stakeholders will select the alternatives or recommendations likely to have the greatest potential for project improvements. These alternatives are then incorporated into the program and managed through implementation. Procurement Strategy Development: Recent legislation has broadened local governments' ability to utilize alternative project procurement strategies beyond the traditional design, bid, build approach. URS will assist the project stakeholders with the evaluation of available procurement strategies and the recommendation of strategies best suited to individual projects. WORK AUTHORIZATIONS: URS agrees to undertake and perform certain consulting and professional engineering services ( "Services ") in accordance with the terms and conditions contained herein, as may be requested by Client from time to time. URS will provide written estimates for blocks of work and not proceed until written authorization from the City is received. URS will immediately notify the City when nearing the budget ceiling on any work authorization and will not exceed the ceiling without prior written authorization. The Services to be performed, URS's compensation, and the schedule for performance for each task shall be described in one or more authorizations issued to URS by the City of Corpus Christi in the form of Work Authorization. A Work Authorization shall be valid and binding upon the Parties only if accepted in writing by the City and URS. Each duly executed Work Authorization shall be subject to the terms and conditions of this Agreement, except to the extent expressly modified by the Work Authorization. FEES: URS will perform services under this contract based on the method stipulated in the Work Authorization. Work Authorizations will establish either a Time and Material or Lump Sum fee basis. The initial rate schedule is attached. Since this is proposed to be a multi -year effort, the labor rates will be escalated at the start of each calendar year at the consumer price index for the previous year as published by the U.S. Bureau of Labor Statistics. Other subcontract and other direct costs will be reimbursed at cost plus 10 %. EXHIBIT "A" Page 3 of 4 Page 4 of 4 SCHEDULE: Schedules will be established for deliverables as they are defined in each Work Authorization. It is anticipated that some aspects of URS' work will take the form of period costs for normal weekly operating- activities. Other- activities will be discrete- deliverables -with a defined due date such as a peer review report or value engineering study. Schedules will be negotiated individually for discrete deliverables. Should you wish to discuss this matter further, please do not hesitate to contact me at 361 -884 -7140. Sincerely, URS Corporatio Jeff Edmonds, P.E. Branch Manager Attachments: Rate Schedule Sample Work Authorization T &M Sample Work Authorization Lump Sum Pre - negotiated Indemnity Language EXHIBIT "A" Page 4 of 4 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR NE PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) -- (Negotiated revision approved by the City and URS Corporation, July 2012) 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 except for Worker' Compensation and Professional Liability Insurance 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 500,0001500,0001500,000 EXHIBIT "B" Page 1 of 3 C:'Documents and Sellings\Sammy_YounglLocal Sellings\Temporary Internet Files \Content.Outlook15L99F71O1LARGE 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 , 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 a certificate of insurance eepioc of -the policies, declarations pogo and all endorsements thereto as they apply to the limits required by the City, . 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 EXHIBIT "B" Page 2 of 3 C:\Documents and SeUingstSammy_Youny Local Settings \Temporary Internet Fites \Content.Outlook15L99F71OLLARGE AF EXHIBIT B -OCT 2010.00CX 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. 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 URS Specific Language negotiated with the City of Corpus Christi, Exhibit B -1 EXHIBIT "B" Page 3 of 3 C:IOocuments and Sellings\Sammy YounglLocal SetlingslTemporary Internet Files1Content .OuIIook15L99F71O1LARGE AE EXHIBIT B -OCT 2010.00CX URS SPECIFIC INDEMNIFICATION LANGUAGE The following language was previously negotiated for use on URS -City of Corpus Christi professional service agreements: INDEMNIFICATION AND HOLD HARMLESS To the extent permitted by law, 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 cost 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 performance of services covered by this contract. The foregoing indemnity shall apply except to the extent 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. EXHIBIT "B -1" Page 1of.1 City of us CfuSsti - - SUPPLIER BE ASINED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE-OF-INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URS Corporation P. O. BOX: STREET ADDRESS: 711 N. Carancahua, Suite 1620 CITY: Corpus Christi ZU": 78475 FIRM IS: I. Corporation 4. Association 2. Partnership 8 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this age 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." NIA 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." N/A 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 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: Jeff Edmonds, P. E. (Type or Print) Signature of Certifying Person: Title: Branch Manager DEFINITIONS Date: Ve5/7_ 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 "C" Page 2 of 2 h C a) cro ca Lp (p C M ty a (0 W pa E zz° �, a 0) U o a ° _ Invoice Date: C '0 ci o• E ac 0 Fo- 0 0 0 z a 0 z 0 E I. C 0 U Basic Services: RS C ca C RS C cys ca C C 50 %I 0 Lo a ca C 1n/a n/a C m C 0 0 0 0 Lo 0 ° cr, $0 $0 $0 $0 $0 $0 $01 0 0 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 O co 0 0 . 0 co as 0 6 0 M 0 0 00 0 0 0 co I $300,000 $0 $0 $300,000 $0 $0 $150,000 00 to, 0 00 00 40 0 00 00 0 0 0 0 0.0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 0 O 00 O 0 0 0 0 a H CO F 0 gym... p m HH m H m 0 CCI H H 0 CO 0 CO m I- CO $0 $0 $0 $0 $0 $0 $0 $300,000 $0 $0 $300,000 $0 $0 $150,000 0 0 0 0 0 0 0 x000 `0g $ Q$ 0$ 000 `ao£$ 0$ 0$ 000'000 I +-, C a, a, a) ch E a rn (4 a w (0 O 'L'' ..c N g ii C co 0_ w 9 E C s t 2 m E 0 Tii 0_ a 0 C rn cL© f ix O d Subtotal Basic Services Additional Services: d D 00 CO U C f E QQt ]_ La c Ct a a 0 & M Manuals 0 0 Subtotal Additional Services N a) a, a, LL N o U R Q) E QD U a as V) o0 Additional Services Fees r) LL 0 0 ti Schedule of Hourly Rates for Project E10144: Water Program Management Services 2012 Hourly Labor Category Rate Corporate Principal 191 Program Manager 174 Sr. Engineer /Sr. Scientist/Chief Estimator 161 Engineer /Scientist/Constructability Reviewer 139 Staff Engineer (PE) /Scientist/Scheduler 116 Sr. Cost Estinator /Jr. Engineer (PE) 110 Project Financial Administrator 90 Sr. CADD Designer /GIS Specialist/EIT 89 CADD Technician /Scheduler Assistant 81 Junior Estimator 72 Admin. Assistant/Writer 60 Note: Engineer Classifications include civil, structural, coastal, geotechnical, electrical, mechanical, and environmental disciplines. Charges for equipment, services, and supplies not furnished directly by URS Corporation and any items of expense not customarily incurred in our normal operations, are computed as follows: Notes: 1. Cost plus 10 percent for other shipping charges, professional services, subsistence, transportation, printing, and reproduction, miscellaneous supplies, and rentals. 2. Cost plus 10 percent for surveying services, land drilling equipment, construction equipment, testing laboratories, and contract labor. 3. Cost plus 10 percent for vehicle, aircraft, watercraft, helicopter, and marine drilling equipment and operation. 4. Mileage, per diem, and lodging will be reimbursed at cost plus 10 %. 5. Labor rates for subcontractors will be charged consistent with URS' proposed labor rates and will be invoiced at cost plus 10 %. 6. A new rate table will go into effect at the beginning of each calendar year. The rates will be accelerated based on the CPI for the previous calendar year. _EXHIBIT "E" Page 1 of 1 ma c 4n a-+ V .■16 o W mia) E CL o0 CD V E cD i = 3 13 w ._ a) • +, s CU C 4 V o ID o ® to = •- . 0_ i o I' . o o o co 0 49 CL Ta V > cu o cu 4. 0. 2 0 E o. cu To • ._ .L4 co c i • •V c _ W V cu • V • $1,200,000.00 0 0 4) 5 $1,200,000.00 TOTAL AVAILABLE: FUNDS REQUIRED: Consultant Fees: 0 0 0 0 0 0 0 Consultant (URS Corporation) Reimbursements: 0 0 0 0 0 N 69- Contract Administration (Contract Preparation /Award /Admin) 0 0 0 0 0 L 69- Finance Reimbursements 0 0 0 0 0 cm 69- Misc. (Printing, etc.) 0 0 0 0 0 co Lci 69- 0 0 0 0 0 0 U, co ESTIMATED PROJECT BUDGET BALANCE AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: August 10, 2012 TO: Ronald L. Olson, City Manager FROM: Torn Tagliabue, Director, Intergovernmental Relations tomtag @cctexas. corn 361.826.3850 Resolution opposing the U.S. Department of the Interior's Idle Iron policy and supporting both H.R. 6208 (the REEFS Act) and S. 1555/H.R. 3429 (the Rigs to Reef Habitat Protection Act). CAPTION: Resolution opposing the U.S. Department of the Interior's Idle Iron policy and supporting both H.R. 6208 (the "Retaining Essential Environmental Fishing Structures Act' or REEFS Act) and S. 1555/H.R. 3429 (the Rigs to Reef Habitat Protection Act). PURPOSE: The resolution expresses the City of Corpus Christi's (City) opposition to a federal administrative action that will do irreparable damage to on an extensive range of marine fisheries and ecosystems if the U.S. Department of the Interior removes artificial reefs from the Gulf of Mexico. In addition, the resolution expresses support for two federal bills — H.R. 6208 (the "Retaining Essential Environmental Fishing Structures Act' or REEFS Act) by US Representative Blake Farenthold and S. 1555 by Senator David Vitter/H.R. 3429 by Representative Steven Palazzo (the Rigs -to -Reef Protection Act). BACKGROUND AND FINDINGS: The U.S. Department of the Interior adopted the Idle Iron policy directive in October 2010 targeting offshore structures in the Gulf of Mexico and that have not produced oil or gas within five years of the directive issue date of Oct. 15, 2010. Of the estimated 3,500 oil and gas wells in the Gulf of Mexico, an estimated 475 structures have been removed in the last two years with another 200 slated for removal in 2012. In recent months, opposition to the Idle Iron policy has grown because it destroys artificial reef habitat that supports a complex marine habitat. Artificial reefs created by non - producing oil and gas wells are proven to enhance the fishery resources and commercial and recreational fishing opportunities. Enhancement of fishery resources is Page 1 of 3 considered to be the restoration or creation of habitat to improve recruitment and spawning potential of reef associated species, while enhancement of fishing opportunities is the creation or improvement of fishing opportunities. Tom Schmid of the Texas State Aquarium, Dr. Larry McKinney from the Harte Institute at Texas A &M University- Corpus Christi, and Skip Porter from the University of Texas Marine Science Institute in Port Aransas all support H.R. 6208 and have written an op- ed piece supporting the measure. ALTERNATIVES: The City Council has several options: (1) oppose the Idle Iron policy as recommended by City staff, (2) support the Idle Iron policy implemented by the U.S. Department of the Interior, (3) decline to support any or all of the federal legislative items, (4) support any or all of the federal legislative items, or (5) take no action on the Idle Iron policy and /or federal legislative items. OTHER CONSIDERATIONS: Congress is on recess until September 9. There is little time left for Congress to act during the 112th Congress which ends in January 2013. CONFORMITY TO CITY POLICY: The resolution is consistent with past actions of the City Council expressing support or opposition to legislative, regulatory and /or administrative proposals of state or federal agencies. EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: ACM — Business Support Services City Attorney 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):n /a Page 2 of 3 Comments: RECOMMENDATION: Staff recommends adoption of the resolution opposing the federal regulatory action (i.e. Idle Iron policy) and supporting the two pieces of federal legislation — H.R. 6208 (REEFS Act) and S. 1555/H.R. 3429 (Rigs -to -Reef Habitat Protection Act). LIST OF SUPPORTING DOCUMENTS: 1. Draft City Council Resolution 2. Corpus Christi Caller -Times column by David Sikes, August 1, 2012 3. Copy of H.R. 6208 by Rep. Blake Farenthold (REEFS Act) 4. Copy of S. 1555/ H.R. 3429 by Sen. David Vitter & Rep. Steven Palazzo Page 3 of 3 Page 1 of 2 Resolution Opposing the U.S. Department of the Interior's Idle Iron policy and supporting the proposed REEFS Act and the proposed Rigs to Reef Habitat Protection Act. Whereas, the U.S. Department of the Interior issued the Idle Iron Policy directive ( "Idle Iron ") on October 15, 2010, directing removal of oil and gas platforms, rigs and associated structures ( "rigs ") in the Gulf of Mexico for wells that have not produced oil or gas within five (5) years of the directive's issue date. Whereas, during the past two years, approximately 475 rigs have been removed from the Gulf of Mexico pursuant to Idle Iron and more than 200 additional rigs are scheduled for removal in 2012. Whereas, the Artificial Reef Act of 1989, known as "Rigs -to- Reefs," was passed to promote and enhance the artificial reef potential off the Texas coast of the Gulf of Mexico. Whereas, U.S. Representative Blake Farenthold (Texas) filed House Resolution 6208, "Retaining Essential Environmental Fishing Structures Act" ( "REEFS Act "), on July 26, 2012, to limit the authority of the Secretary of the Interior to require or authorize removal or movement of offshore rigs. Whereas, U.S. Senator David Vitter (Louisiana) introduced Senate Bill 1555 on September 14, 2011 and U.S. Representative Steven Palazzo (Mississippi) introduced House Resolution 6208 on November 15, 2011, collectively the "Rigs to Reef Habitat Protection Act," to limit the authority of the Secretary of the Interior to require or authorize removal or movement of offshore rigs. Whereas, the Corpus Christi City Council believes that the rigs in the Gulf of Mexico are beneficial for the Gulf of Mexico and Corpus Christi in that they are the basis for a thriving artificial reef ecosystem that sustain a variety of marine life and should not be removed. Whereas, this resolution aligns with the City Council's goals of paying special attention to our unique environment. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Council, as the governing body of the City of Corpus Christi, opposes the U.S. Department of the Interior's Idle Iron policy and supports the proposed REEFS Act and the proposed Rigs to Reef Habitat Protection Act. This resolution takes effect upon City Council approval on this the day of , 2012. Resolution Idle Iron 8 -3 -12 Page 2 of 2 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 Resolution Idle Iron 8 -3 -12 Outrage mounts over Gulf oil rig removal policy : Corpus Christi Caller Times CORPJS CHRISTI, TEXAS ri r to r iris€ €. Read more at calleracorn Outrage mounts over Gulf oil rig removal policy By David Sikes Wednesday, August 1, 2012 CORPUS CHRISTI — Outrage over the U.S. Department of Interior's wanton removal of retired oil and gas platforms in the gulf is finally approaching an appropriate pitch. U.S. Rep. Blake Farenthold filed a bill this past week that would halt the removal by explosion and other means of these rich offshore havens for protected corals, fishes and other marine animals. Farenthold's simple and straightforward bill calls for a two - year moratorium until federal fisheries managers and the DOI can re- evaluate the destructive practice and examine the benefits of leaving the rigs in place. This comes on the heels of a letter from the Congressional Sportsmen's Caucus to Secretary of the Interior Ken Salazar also asking for a two -year moratorium on the DOI's destructive Idle Iron policy. In addition to Farenthold, the letter carries the signatures of 19 other members of Congress from both parties and 10 states. Farenthold and Texas Gov. Rick Perry earlier sent separate letters to Salazar denouncing the policy. Hopefully recent developments will stop the bleeding long enough for a reasonable review of this misguided policy, which requires all non producing rigs be removed from the gulf. In many cases these steel structures have been in place for decades providing shelter for hundreds of fish species and generating billions of dollars in recreational fishing and diving revenue. These underwater ecosystems are well established with a biodiversity and abundance of life that rivals or exceeds that which is found on natural coral reefs. Texas Parks & Wildlife is funding a two -year study by the Harte Research Institute for Gulf of Mexico Studies to inventory the marine life on rigs at various depths. The study should conclude what we already know. The Interior Department seems to stand alone in defense of its policy to rip these rich habitats from the gulf floor, leaving nothing behind. During the past two years about 475 oil and gas platforms have been removed and more than 200 additional rigs are scheduled for removal this year. The list of vocal opponents includes the Coastal Conservation Association, Saltwater - Fisheries Enhancement Association, Environmental Defense, the Harte Research Institute for Gulf of Mexico Studies, renown oceanographer Sylvia Earle, the Gulf of Mexico Fisheries Management Council, the Port Aransas Boatmen and a growing number of federal legislators. http: / /www.caller. com/news/ 2012 /aug /01 /outrage- mounts- over - rig - removal - policy / ?print =1 [8/3/2012 1:57:32 PM] Outrage mounts over Gulf oil rig removal policy : Corpus Christi Caller Times A federal bill called the Rigs to Reef Habitat Protection Act filed by U.S. Sen. David Vitter (R -La.), with a complimentary House version by Rep. Steve Palazzo (R- Miss.) also calls for platforms to be left in place if it is determined they harbor protected or valuable marine life. Currently there is inadequate evaluation prior to removal of what the Department of Interior ignorantly considers marine debris. And recently the Congressional Sportsman Caucus, a bipartisan coalition of nearly 300 members of Congress representing nearly all 50 states submitted an amendment to the 2012 Farm Bill called the Sportsmen's Act of 2012. This included a provision that would have slowed the rampant destruction of platforms, while demanding the National Marine Fisheries Service (or NOAA Fisheries) assess the potential impacts of destroying these valuable artificial reef habitats. Unfortunately the amendment did not survive. Earlier the Gulf of Mexico Fishery Management Council began a process that could result in declaring fixed petroleum platforms and other artificial reefs with the greatest biodiversity as essential fish habitat. It could be late next year before a decision is final on this. If the rigs do achieve the status of essential fish habitat the Department of Interior would be forced to involve NOAA- Fisheries in each removal. I'm not sure how the conflicting policies of two federal agencies would be reconciled. In June a coalition of marine conservation, tackle and boating industry groups called for a halt to the Idle Iron policy in its own letter to Salazar. And the Sportfishing and Boating Partnership Council, an 18- member committee established to advise the Department of Interior and the U.S. Fish and Wildlife Service on recreational boating and fishing issues and aquatic resource conservation issues, also sent a letter to Salazar calling for a two -year moratorium on rig removals. Let's hope this growing level of opposition and outrage for the policy is enough to overtake the Department of Interior's profound position of arrogance. © 2012 Scripps Newspaper Group — Online http: / /www. caller. com /news/ 2012 /aug /01 /outrage- mounts- over - rig - removal - policy / ?print =1 [8/3/2012 1:57:32 PM] AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: August 28, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Ordinance Adopting the Fiscal Year 2013 Property Tax Rate CAPTION: Ordinance setting a property tax rate of $0.570557 per $100 valuation which is effectively a 1.40% increase over the effective tax rate; and declaring an emergency. PURPOSE: The fiscal year 2012 -2013 operating budget includes a tax rate of $0.570557 in the determination of the ad valorem tax revenue for fiscal year 2012 -2013. Although this is the same property tax rate as the prior year, Section 26.05(b) of the Property Tax Code mandates that since this rate exceeds the effective tax rate, the wording in the caption above must be utilized. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. This vote was taken on July 31, 2012. Subsequently, two public hearings were held — one on August 14, 2012, and the second on August 21, 2012. This agenda item is required to set the property tax rate for fiscal year 2012 -2013. Although the proposed property tax rate of $0.570557 per $100 valuation is the same tax rate as last year's rate, the tax rate exceeds the effective tax rate of $0.562666, and so specific wording is required in the motion to adopt the tax rate, as well as in the ordinance. It should be noted that two different percentage "increases" are noted in the ordinance. The first amount listed in the caption represents the difference between the total proposed tax rate ($0.570557) and the total effective tax rate ($0.562666). The second amount listed in the body of the ordinance represents the change in the maintenance and operations portion of the proposed tax rate ($0.380339) to the maintenance and operations portion of the effective tax rate ($0.371457). This, again, is the specific wording outlined in the Property Tax Code. However, the proposed tax rate of $0.570557 per $100 valuation is the same tax rate as the prior year's rate. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - $ 77,518,178 $ 77,518,178 Encumbered /Expended amount of (date) - - - - This item - $ 77,518,178 $ 77,518,178 BALANCE - - $ - $ - FUND(S): General Fund $51,282,246 Debt Service Fund $26,235,932 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Staff is requesting an emergency reading due to the fact that Section 26.06(e) of the Property Tax Code specifies that the meeting to vote on the tax "increase" may not be earlier than the third day or later than the 14th day after the date of the second public hearing. Since the second public hearing was held on August 21st and the 14th day after that date is September 4th when there is no Council meeting scheduled, it is necessary to take action on this item on August 28th DEPARTMENTAL CLEARANCES: • Legal Department LIST OF SUPPORTING DOCUMENTS: cc: • Ordinance Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Ordinance setting a property tax rate of $0.570557 per $100 valuation which is effectively a 1.40% increase over the effective tax rate; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2012 as follows: $0.380339 for the purpose of maintenance and operation 0.190218 for payment of principal and interest on debt $0.570557 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 2.39 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $8.88. SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2012 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.380339 on each One Hundred Dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the tax year 2012 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.190218 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2012 -2013 Principal Interest & Fees Total 2001 General Obligation $1,015,000 $553,365 $1,568,365 2002 Certificates of Obligation $1,435,000 $1,055,302 $2,490,302 2003 General Obligation $725,000 $87,344 $812,344 2004 Certificates of Obligation $305,000 $224,026 $529,026 2005 General Obligation $5,780,000 $3,608,239 $9,388,239 2005 Certificates of Obligation $300,000 $608,419 $908,419 2006 Certificates of Obligation $410,000 $795,842 $1,205,842 2007 Certificates of Obligation $108,940 $90,664 $199,604 2007 General Obligation $170,000 $143,745 $313,745 2007A General Obligation $1,300,000 $1,154,843 $2,454,843 2008 Tax Notes $1,060,000 $115,280 $1,175,280 2008 Certificates of Obligation $240,000 $568,266 $808,266 2009 General Obligation $3,270,000 $3,552,738 $6,822,738 2009 Certificates of Obligation $290,000 $317,371 $607,371 2010 General Obligation $500,000 $486,258 $986,258 2010 Certificates of Obligation $105,000 $112,904 $217,904 2012 General Obligation $500,000 $2,184,542 $2,684,542 2012 Public Property Contractual Obligation $550,000 $163,927 $713,927 2012A General Obligation $0 $211,188 $211,188 Total required for 2012 debt service $18,063,940 $16,034,263 $34,098,203 Less: Amount paid from unencumbered fund balance - $2,544,505 Less: Transfers for self- supporting debt - $7,219,406 Total to be paid from taxes in 2012 $24,334,292 In addition to the ad valorem tax levy for debt service totaling $24,830,910, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2012 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2013, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6: 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 day of August, 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 AGENDA MEMORANDUM First Reading at the City Council Meeting of August 21, 2012 Second Reading at the City Council Meeting of August 28, 2012 DATE: August 21, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Approval for the resale of twenty -two (22) foreclosed properties CAPTION: Ordinance authorizing the resale of twenty -two (22) properties for $76,450.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,583.99 plus $12,276.42 for partial payment of City paving and demolition liens. PURPOSE: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces, County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of twenty -three (23) properties at the bid prices listed in Exhibit A. Neighborhood Services has identified one property for City use — leaving twenty -two (22) properties for resale. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The list of resale properties received from the law firm contained twenty -three (23) properties. Each of the twenty -three (23) properties was reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. One property at 2522 Sarita was identified by Neighborhood Services for potential City use. Neighborhood Services is interested in repairing the house located at this address to sell to low income families. Since Nueces County holds title as Trustee for themselves, the City, Corpus Christi Independent School District, and Del Mar College, the City's next step would be to acquire the interests from each of these entities by making an offer for the property. This action will take place at a later time as Neighborhood Services proceeds with moving forward on this project. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered /Expended amount of (date) - - - This item - $ 19,860.41 - $ 19,860.41 BALANCE - $ 19,860.41 - $ 19,860.41 FUND(S): General Fund and Debt Service Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: This item is not an emergency and is scheduled for approval in two readings. DEPARTMENTAL CLEARANCES: • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager City's Portion of City Paving and Demo T,ienc 11 oo.oss $ 1 h O --. 0■ ,--I a• t"--- N 0■ a• M v' v) v') 0■ N AO 01 N N 00 00 \O •-i 00 N M v) 01 M M O N N O 1 144.26 11 O \O Cr) v') N C--- v O Cr) c z 'Minus: Property Pulled by the City of Corpus Christi 11 U. 0 City's Portion b- 1 252.53 N \O Cr) 508.52 463.19 v) 0• l� O M N kn \O 01 Cr) O 01 I0ts . h vi 00 O , -i 1 43.41 1 O 0• kn N \O M vi ,—I 01 0• oo •—i O M M 01 . N O Cr) O 00 01 ,--I v') lh.;, r Js r�r, N v') 00 O v') s7 r , Amount of Bid 00.0SS $ O O O O O ,--i 1 oo.00s'i 1 3,800.00 O O O O O i O O O O O O O O O O N 1 oo.00s`z 1 00.005`Z 1 oo.00s'z 1 O O O O O o0 O O O O O N O O O O O --, 1 oo.00s'z 1 00.005`Z O O O O N O O O O 0 ,--r O O O O 0 ,--r O O O O O N 1 oo.00s'i 1 O O O O O l• N 1 oo.00s'i 1 O O: O O O v') �u u, f Legal Description 1593- 0001 -0160; Lot 16, Block 1, Citizens Addition 8649 - 0004 -0020; Lot 2, Block 4, Sutherland Addition 14047- 0004 -0140; Lot 14, Block 'D', La Gloria Addition 7645- 0001 -0540; Lot 54, Block 1, San Simeon 12050- 0028 -0280; Lot 28, Block 28, Del Mar Addition 8299 0006 0110; Lot 11, Block 6, Southwest Heights Addition 1603 - 0005 -0070; Lot 7, Block 5, Claremont Place 5711- 0003 -0010; Lots 1 and 2, Block 3, Nelson Addition No. 2 I 2327 - 0002 -0130; Lot 13, Block 2, Esperanza Estates Subdivision 3795- 0005 -0015; The North 65 feet of Lot 1, Block 5 Jones Addition 19764- 0007 -0410; Lot 41, Block 7, Windsor Park Unit 1 4740 - 0002 -0050; Lot 5, Block 2, Manchester Place Subdivision 14032- 0005 -0050; Lot 5, Block 5, La Arboleda Addition 0072 - 0010 -0120; Lot 12, Block 10, Airport Park Addition 12550- 0010 -0090; Lot 9, Block 10, Flour Bluff Point 2540- 0012 -0070; Lot 7, Block 12, Flour Bluff Park 14072- 0002 -0080; Lot 8, Block 2, La Pascua #2 Subdivision 3593- 0004 -0370; Lot 37, Block 4, Hudson Acres Addition 13593- 0004 -0380; Lot 38, Block 4, Hudson Acres Addition 4100 - 0002 -0065; The East 33 feet of Lot 6, Block 2, Laguna Acres Addition 12486- 0008 -0236; Tract 'D', Lot 23, Block 'H', Flour Bluff Estates 2709 - 0002 -0160; Lot 16, Block 2, Gardendale No. 2 Addition 13837- 0001 -0050; Lots 5, 6 and 7, Juarez Addition 18299-0006-0140; Lot 14, Block 6, Southwest Heights Addition I Property Location 1517 Lexingtom Ave. 1626 Caldwell Dr. 13028 Reyna St. 1214 Clover Circle 1421 Atlantic St. 2522 Sarita St. 4309 Jacquelyn Dr. 1334 Kennedy Ave. 15406 Nicole Court 0 0 U M 1706 Sharon Dr. 1130 Manchester Ave. 12622 Wainwright 3605 Stinson 11005 Stone St. 925 McDonald St. 14621 Elvira Dr. 1418 Main Dr. 11414 Main Dr. 1147 Lolita St. 1310 Melody Lane 5125 Williams Dr. 1808 25th St. 12522 Sarita St. Suit Number 85- 6479 -EI v') V') Vl Cr) a1 O v) V') O N a1 O co \O . 00 � a1 O c..7 lI . N N O wcUU 01 01 O V') M M M o0 \O � N Cr) a1 a1 a1 O O O L O o0 O N O L) O M a1 v') M M ,--I V') � o0 0o O O O ,--■ � a1 O 10- 1224 -D 109-2848-C1 10- 2452 -G �ww l� M M \O O Cr) Cr) � � O ,--■ O O 09- 2061 -C ��7w \O r- vD 0■ 00 V') ,--i ,--� � � 00 00 01 O O O 'Subtotal 1 r- 0■ � 00 O Total * 5 y I-1 1624 00 - I 1735 1739 I 1750 1752 1753 1756 1758 M - 1764 1765 I 1766 1768 I ,--- - 1773 I 1774 1776 1777 00 - 1779 1784 1786 I 1752 f ,--, N M v') 4 00 0■ O ,--I ,--- N ,--I ,--I M ,--I ,--I v') ,--I 0 ,--I l— 00 0■ ,--I ,--I ,--I O ,--I N M N N N N 0 Ordinance authorizing the resale of twenty -two (22) properties for $76,450.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,583.99, plus $12,276.42 for partial payment of City paving and demolition liens. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of twenty -two (22) properties listed on the attached and incorporated Exhibit A for $76,450.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,583.99 plus $12,276.42 for partial payment of City paving and demolition liens. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. 1IMinus: Property Pulled by the City of Corpus Christi N W N N N w� N o ---• 10 w. 00 . -1 w, CA w. VA w. .. w. W w. N w ' w-. O 00 �1 lh p w N w+ — J VI N w 00 01 1784 — v -1 'O w J ■1 00 LLLl 4 J •l 01 w. J v .. w. J v W w. J J w. w-• CA 00 '—' J CA 01 — CA V) — J C, 4a. r J CA W r--. J vi 00 wr v Ul. Os. w-' J LA W -4 w"' J J vi ti N O w-' J w s4) 1718 1735 r 01 N Item # G.0 cn w. VD �1 N rn (Subtotal 1 O .4p icm OA O O O O 00 00 VO N 00 1D Q •1 Ch CA N N w. 6 >n 07- 3493 -F O w-' w-` O J O O \O w O N N CA .P. 00 v LA .p w "1 N 00 �,�4)6 1 10- 1224 -D 1 09-4140-B O O 0 CO 00 �1 vi wj N W W O J. \D 00 w 0 O n�o O 1D w C1 W O C 09- 2839 -C 1 O .0 N W [!ti 'D rn 0 0 0 0 00 "1 VD ID \D Vi N 00 N W.. N CO O LA .p r-.. w-. Ch LA J --1 CA cn In 1D G��xrn Suit Number 12522 Sarita St. 808 25th St. 1147 Lolita St. 310 Melody Lane 5125 Williams Dr. 11414 Main Dr. 1005 Stone St. 925 McDonald St. 4621 Elvira Dr. 1418 Main Dr. I 3605 Stinson 2622 Wainwright 513 Culberson 706 Sharon Dr. 1130 Manchester Ave. 15406 Nicole Court 11334 Kennedy Ave. 4309 Jacquelyn Dr. 1517 Lexingtom Ave. 1626 Caldwell Dr. 3028 Reyna St. 1214 Clover Circle 421 Atlantic St. ' s v c.,� +., c+ Property Location 8299- 0006 -0140; Lot 14, Block 6, Southwest Heights Addition 3837- 0001 -0050; Lots 5, 6 and 7, Juarez Addition 4100- 0002 -0065; The East 33 feet of Lot 6, Block 2, Laguna Acres Addition 2486 -0008 -0236; Tract D', Lot 23, Block 'H', Flour Bluff Estates 2709 -0002 -0160; Lot 16, Block 2, Gardendale No. 2 Addition 13593- 0004 -0380; Lot 38, Block 4, Hudson Acres Addition 1 2550- 0010 -0090; Lot 9, Block 10, Flour Bluff Point 2540 -0012 -0070; Lot 7, Block 12, Flour Bluff Park 4072 - 0002 -0080; Lot 8, Block 2, La Pascua #2 Subdivision 3593- 0004 -0370; Lot 37, Block 4, Hudson Acres Addition 0072- 0010 -0120; Lot 12, Block 10, Airport Park Addition 1 4032- 0005 -0050; Lot 5, Block 5, La Arboleda Addition 1 3795 -0005 -0015; The North 65 feet of Lot 1, BIock 5 Jones Addition 9764 - 0007 -0410; Lot 41, Block 7, Windsor Park Unit 1 4740 - 0002 -0050; Lot 5, Block 2, Manchester Place Subdivision 12327- 0002 -0130; Lot 13, Block 2, Esperanza Estates Subdivision 1 15711-0003-0010; Lots 1 and 2, Block 3, Nelson Addition No. 2 1603- 0005 -0070; Lot 7, Block 5, Claremont Place 1 1593 - 0001 -0160; Lot 16, Block 1, Citizens Addition 8649 -0004 -0020; Lot 2, Block 4, Sutherland Addition 4047 - 0004 -0140; Lot 14, Block D', La Gloria Addition 7645 -0001 -0540; Lot 54, Block 1, San Simeon 2050- 0028 -0280; Lot 28, Block 28, Del Mar Addition R100 onn6 0140• Lot 14 Block 6 Southwest Heights Addition Legal Description LIL cn O O O O 00'005`1 00"000`LZ 00"008`1 00.000`Z 00'000'1 00 "000` 1 00.00i`Z _00.00S`z 00.005`z w-. O O 0 0 O N 0 O 0 0 O 00 "000`8 00.005`Z 00-005`z 00.00S`Z N 4 0 0" O O 0 0 66. O Q 00 "000 00"008`£ 00'005`1 - 00-000'I 00 "0SS $ Amount of Bid U1 - O 00 ;:-.1 N �i - V1 w-■ W V0 O O )---. 115.36 118.99 193.30 N LA O 1 43.41 O 00 V] (Jn Ln O O 1 165.23 508.52 463.19 107.95 252.53 366.62 City's Portion Vl W VI O w In ON �1 O 133.95 1,022.40 144.26 i cn • N 22.49 1,816.84 0' N 'D Lh 192.79 455.39 01"611 9C9911 00.055 $ City's Portion of City Paving and Demo LiPp.q 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 Page 1 of 2 Ordinance Appropriating $98,299 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 046 -2010 in the No. 3020 Airport Capital Improvement Fund to modify the Terminal Building; amending the FY 2012 -2013 Capital Budget adopted by Ordinance No. 029565 to add Project No. E09046GR46 and increase revenues and expenditures by $98,299. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $98,299 from the Federal Aviation Administration Grant No. 3 -48- 0051- 046 -2010 is appropriated in the No. 3020 Airport Capital Improvement Fund to modify the Terminal Building at Corpus Christi International Airport. SECTION 2. That the FY 2012 -2013 capital budget adopted by Ordinance 029565 is amended to increase revenues and expenditures by $98,299. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0010_2_Ord- approp -FAA Grant 7 -26 -12 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 0010_2_Ord- approp -FAA Grant 7 -26 -12 Joe Adame Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: TO: July 13, 2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter(c�cctexas. com 361- 826 -7205 Women's, Infant and Children's Grant Amendment Approval of amendment and appropriation of funds CAPTION: Ordinance authorizing the City Manager or his designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $32,000 from the Texas department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for the peer counselor and registered dietician projects by $12,000 and $20,000 respectively. PURPOSE: The Women's, Infant and Children's Grant allows the Health District WIC division to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. BACKGROUND AND FINDINGS: The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. This item approves additional funds increasing the award amount for the peer counselor and registered dietician. This contract with the Department of State Health Services provides services at the Corpus Christi - Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The contract is from 10/01/2011 through 09/30/2012. This grant provides level funding. No matching funds required. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance - Federal Grant and Office of Management and Budget. 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 $940,708 $940,708 Encumbered / Expended Amount This item $32,000 $32,000 BALANCE $972,708 $972,708 Fund(s): Comments: No match funding required. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the City Manager or his designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $32,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for the peer counselor and registered dietician projects by $12,000 and $20,000 respectively. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept and appropriate a grant amendment of $32,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to increase the award amount for the peer counselor and registered dietician projects by $12,000 and $20,000 respectively. 0011_2_Ordinance - FY11 -12 20120712 WIC Grnt Amend - Peer Coun Reg Dietician CombOrd DWB 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 votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor 0011_2_Ordinance - FY11 -12 20120712 WIC Grnt Amend - Peer Coun Reg Dietician CombOrd DWB DAVID L. LAKEY, M.D. COMMISSIONER June 18, 2012 TEXAS DEPARTMENT OF STATE HEALTH SERVICES Letter of Amendment 1100 West 49th Street • Austin, Texas 78756 P.O. Box 149347 • Austin, Texas 78714 -9347 1- 888 - 963 -7111 • www.dshs.state.tx.us TDD: 1-800- 735 -2989 Celina Hernandez, WIC Director LA #038, Corpus Christi - Nueces County Public Health District 1702 Horne Road Corpus Christi, TX 78416 Dear Ms. Hernandez: The Corpus Christi - Nueces County Public Health District WIC contract will be amended to reflect revisions as detailed in the table below. This letter constitutes a formal contract amendment. Project Project Contact Current Award Amount Amended Amount Increase Amended Amount (Decrease) Revised Project Total Peer Counselor Kristina Arrieta kristin_a.arrieta @dshs.state.tx,us (512) 341 -4593 $87,894.00 $12,000.00 $99,894.00 Registered Dietician Angela Gil angela.gil @dshs.state.tx.us $31,000.00 $20,000.00 $51,000.00 (512) 341 -4590 This project increase will be reflected in your contract "Not to Exceed" amount as shown below: Contract "Not to Exceed" Amount Current Contract Amount Amended Amount Increase Amended Amount (Decrease) Revised. Contract "Not to Exceed" Amount $940,708.00 $32,000.00 $972,708.00 Funds are awarded with the understanding that any procurements using these funds will be in compliance with the Uniform Grants Management Standards (UGMS), WIC policies and 7 CFR Part 3016. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. 4n Equal Employment Opportunity Employer and Provider Celina Hernandez, WIC Director June 18, 2012 Page 2 In order for the State Agency to track these expenditures, please bill for each special project(s) listed above on a separate State of Texas Purchase Voucher (B-13). Label each voucher with the specific project name as well as allocations to Administrative (Admin), Nutrition Education (NE) and Breastfeeding (BF) costs. Vouchers without allocations listed will be applied toward Admin. For questions regarding funding decisions, please contact Benny Jasso, WIC Program, at (512) 341-4573, or benny.jasso@dshs.state.tx.us. For questions regarding purchase requests, please contact Alisin Genfan, Contract Development and Support Branch, at (512) 776-3156 or alisin.genfan@dshs.state.tx.us. Sincerely, ike Montgomery, Section Director Nutrition Services Section AG An Equal Employment Opportunity Employer and Provider AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21,2012 Action Item for the City Council Meeting of August 28, 2012 DATE: TO: June 21, 2012 Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter(c�cctexas. com 361- 826 -7205 Seafood & Aquatic Life Activities grant FY 12 -13 Approval of grant award and appropriation of funds CAPTION: Ordinance authorizing the City Manager or his designee to execute all documents necessary to accept and appropriate a grant of $22,500 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide laboratory services for the analysis of bay water samples. PURPOSE: The Seafood Grant allows the Health District Laboratory to test oyster beds in the Gulf to assure they are safe for human consumption. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $22,500 to provide funding for laboratory services for the analysis of bay water samples beginning September 1, 2012 through August 31, 2013 for the purchase of supplies to support the analysis of marine water for the Seafood Safety Division of DSHS. ALTERNATIVES: Discontinue analysis of bay water samples OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON - EMERGENCY: Non - emergency 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 $22,500 $22,500 BALANCE $22,500 $22,500 Fund(s): Comments: No match funding required RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the City Manager or his designee to execute all documents necessary to accept and appropriate a grant of $22,500 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide laboratory services for the analysis of bay water samples. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept and appropriate a grant of $22,500 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide laboratory services for the analysis of bay water samples. 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 votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor IIArea Agency on Aging OEFniE cals7zL BEND COASTAL BEND Aging & Disablllty resource enter M 1n.. of M Wad. and liumin-Sereke, COASTAL BEND COUNCIL OF GOVERNMENTS May 9, 2012 Ms. Elsa Munoz City of Corpus Christi — Parks & Recreation Dept. Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 RE: Final Planned NFA (Notification of Funds Available) for FY2012 Dear Ms. Munoz: Enclosed, is your final planned allocation for FY12. These funds are provided under the Title III of the Older Americans Act of 1965, as amended. Please note your FY2011 — FY2013 Contract is for a three (3) year period ending on September 30, 2013. We have received all updated documents for FY12, including FY12 budget work papers, debarment certification, audit certification form, current insurance, current health inspection and updated emergency plans — all necessary documentation to maintain continuance said contract. If you have any questions about the enclosure, please call the office or send your inquiry by email. Sincerely, Betty Lamb, Director Area Agency on Aging of the Coastal Bend Coastal Bend Aging and Disability Resource Center enclosure S:Adm I npna l0 a clAdm in fAAANe n dor1FVt 21N FArtre nsm itta I Ltr2_5.9 -12 LOCATION; 2910 LEOPARD STREET; CORPUS CHIRSTI, TEXAS 78408 MAILING: POST OFFICE BOX 9909; CORPUS CHIRSTI, TEXAS 78469 www. a aacoa sta l ben d. o rg PHONE: (361) 883 -3935 TOLL FREE: 1- 800 - 817 -5743 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: May 9, 2012 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: 2 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 MEALS IIICIISGRINSIP HOME DELIVERED MEALS IIIC2ISGRINSIP SUPPORTIVE SERVICES IIIB TOTAL AWARD FYI2 Prior Contract Award $ 80,316 $ 75,722 $ 4,393 $160,431 J FYI2 Title III Award this Action (1) $207,526 $196,694 $ 12,167 $416,387 FYI2 NSIP Award this Action (2) $ 68,598 $ 76,732 $ - 0 - $145,330 FYI2 Cumulative Award $356,440 $349,148 $ 16,560 (1) This award represents the balance of planned allocation for FY12, based on funds awarded to CBCOG -AAA through March 23, 2012. 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 lldld 0-01 ivel0ocumenlslAdminleellylNFA1Fy20124NFA21CalCC _5.9- 12.dec B� Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $561,717 grant awarded by the Area Council on Aging of the Coastal Bend and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $561,717 grant awarded by the Area Council on Aging of the Coastal Bend for the final installment of FY 2012 Senior Community Services, Elderly Nutrition Program Section 2. That $561,717 grant from is appropriated into the No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior Community Services, Elderly Nutrition Program. 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 Joe Adame Mayor AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of August 21, 2012 Consent Agenda Item for the City Council Meeting of August 28, 2012 DATE: 7/30/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494, MichaelMo(c�cctexas.com Retired Senior Volunteers Program (RSVP) grant award for FY12 -13 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $45,434 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. PURPOSE: Appropriation of grant funding to allow for continuation of the Retired Senior Volunteers Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service in the amount of $45,434. The City of Corpus Christi provides $79,173 in matching funds for the continuation of the RSVP in Fiscal Year 2013. The RSVP program Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During a previous grant period (9/1/2010 - 8/31/2011) and fiscal year 2010 -2011, 574 enrolled volunteers contributed 62,000 hours through 44 different non - profit organizations like the Muscular Dystrophy Association, KEDT TV, South Texas Botanical Gardens, Corpus Christi Metro Ministries, and other community based organizations like Driscoll Children's Hospital, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 79,173 $ 79,173 Encumbered / Expended Amount This item $45,434 $ 45,434 BALANCE $124,607 $124,607 Fund(s): Parks and Recreation Grant Fund Comments: Click here to enter text. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Notification of Funds Available Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $45,434 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $79,173 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer program and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $45,434 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program. Section 2. That a $45,434 grant from the Corporation for National and Community Service is appropriated into the No. 1067 Parks and Recreation Grants Fund for the Retired Senior Volunteer Program. Section 3. That the City match of $79,173 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program, and appropriating the $79,173 in the No. 1067 Parks and Recreation Grant Fund. 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 Joe Adame Mayor Notice of Grant Award Retired and Senior Volunteer Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Award Information Agreement No.: 11SRWTX017 Amendment No.: 2 CFDA No.: 94.002 Award Description Project Period: Budget Period: 04/01/2011 - 06/30/2014 07/01/2012 - 06/30/2013 Authorize FY2012 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Current Year Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) Total Available $0 $45,434 $45,434 $0 $0 $0 $0 $45,434 $45,434 Cumulative Funding for Project Period Total Awarded in Previous Years Total CNCS Funds Awarded to Date $56,793 $102,227 Funding Source and Amount 2012-- OPE1 -P74- COO - 61413 -4101 $45,434.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 4/19/12. Grantee shall prepare a Project Progress Report (CNCS -1020 for Senior Corps) annually at the end of the 4th quarter of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2012 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https: // egrants. cns. gov / termsandconditions /RSVPTandC_Revised20101001.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting Page 1 For Official Use Only For Official Use Only Notice of Grant Award Retired and Senior Volunteer Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: 06/06/2012 Signature Date Lennette B. White Name (typed) Senior Grants Officer Title Lennette B. White, 215- 964 -6309 Grants Official LeRoy Minor, (512) 916 -5671 Program Official Page 2 For Official Use Only AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of August 21, 2012 Consent Agenda Item for the City Council Meeting of August 28, 2012 DATE: 7/30/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director, Parks and Recreation Department MichaelMo(c�cctexas.com, 361- 826 -3494 Senior Companion Program (SCP) grant award for FY12 -13 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service; appropriating the $275,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program, and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants Fund. PURPOSE: Appropriation of grant funding to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service in the amount of $275,007. The City of Corpus Christi provides $76,903 in matching funds for the continuation of the Senior Companion Program in Fiscal Year 2013. The Senior Companion Program (SCP) assists low- income volunteers 55 years and over who are willing to serve as companions to homebound elderly and /or disabled persons 21 years of age or older. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 76,903 $ 76,903 Encumbered / Expended Amount This item $275,007 $275,007 BALANCE $351,910 $351,910 Fund(s): Parks and Recreation Grant Fund Comments: Grant match budgeted in General Fund for FY13. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Notification of Funds Available Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service; appropriating the $275,007 grant in the No. 1067 Parks and Recreation Grants Fund; transferring $76,903 from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program, and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants Fund. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. Section 2. That a $275,007 grant from the Corporation for National and Community Service is appropriated into the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. Section 3. That a City match of $76,903 is transferred from the No. 1020 General Fund to the No. 1067 Parks and Recreation Grants Fund as City matching funds for the Senior Companion Program; and appropriating the $76,903 in the No. 1067 Parks and Recreation Grants Fund. 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 Joe Adame Mayor Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi E[N: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Award Information Agreement No.: Amendment No.: CFDA No.: 10SCWTX001 2 94.016 Award Description Project Period: Budget Period: 07/01/2010 - 06/30/2013 07/01/2012 - 06/30/2013 Authorize FY2012 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Current Year Previously This Award! Total Current Awarded Amendment Year This Year Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) Total Available $0 $275,007 $275,007 80 80 $0 $0 $275,007 $275,007 Cumulative Funding for Project Period Total Awarded in Previous Years 8550,014 Total CNCS Funds Awarded to Date 8825,021 Funding Source and Amount 2012 - -OPE 1 -P77- COO -61413 -4101 8275,007.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 4/16/12. Grantee shall prepare a Project Progress Report (CNCS -1020 for Senior Corps) semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2012 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https:ll egrants. cns. govl termsandconditionsl FGPSCPTandC _Revised20101001.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Page 1 For Official Use Only Notice of Grant Award Senior Companion Program Grantee For Official Use Only 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: Lennette B. White Name (typed) Senior Grants Officer Title Lennette B. White, 215- 964 -6309 Grants Official LeRoy Minor, (512) 916 -5671 Program Official Page 2 For Official Use Only RPT_BGT_424 June 7, 2012 10:58.AM City of Corpus Christi SCP City of Corpus Christi Application ID: 12SC139541 Budget Dates: 07/01/2010 - 06/30/2013 Total Amt CNCS Share Grantee Share Excess Amount Section I. Volunteer Support Expenses A. Project Personnel Expenses 75,171 60,137 14,584 450 B. Personnel Fringe Benefits 4,039 3,231 808 0 FICA 5,749 4,599 1,093 57 Health Insurance 9,021 7,217 1,714 90 Retirement 12,606 10,085 2,395 126 Life Insurance 0 0 0 0 Total $31,415 $25,132 $6,010 $273 C. Project Staff Travel Local Travel 1,500 1,500 0 0 Long Distance Travel 1,882 1,506 376 0 Total $3,382 $3,006 $376 $0 D. Equipment E. Supplies 504 500 4 0 F. Contractual and Consultant Services 1. Other Volunteer Support Costs 1,751 1,616 135 0 Criminal Background Check 0 0 0 0 Total $1,751 $1,616 $135 $0 J. Indirect Costs 25,288 0 0 25,288 Section I. Subtotal $137,511 $90,391 $21,109 $26,011 Section 11. Volunteer Expenses A. Stipends Corporation Funded Non - Corporation Funded Non - Stipended 149,418 19,369 Total $168,787 149,418 0 0 0 19,369 0 $149,418 $19,369 $0 B. Other Volunteer Costs Meals 19,900 9,440 10,460 0 Uniforms 425 340 85 0 Insurance 394 244 150 0 Recognition 5,616 2,598 3,018 0 Volunteer Travel 45,874 22,576 23,298 0 Physical Examinations 6,375 0 6,375 0 Section II. Subtotal Budget Totals Total $78,584 $35,198 $43,386 $0 $247,371 $184,616 $62,755 $0 5384,882 $275,007 $83,864 $26,011 Funding Percentages 76.6% Required Match n/a # of years Receiving CNCS Funds n/a 23.4% Form 424A Modified SF -424A (4/88 and 12/97) Page 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: July 31, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 FY13 Community Youth Development Program (Bid Invitation No. BI- 0134 -11) CAPTION: Ordinance authorizing the City Manager or designee to execute a contract with the Texas Department of Family and Protective Services for funding for September 1, 2012 through August 31, 2014 in the total amount of $640,403; authorizing appropriation in the Grants Fund No. 1060 for Community Youth Development program contracts for the 78415 Zip Code area; and authorizing execution of subcontracts as follows: $85,000 to SERCO of Texas and $65,000 to Communities In Schools for subcontract period September 1, 2012 through August 31, 2013, and providing for one annual renewal period. PURPOSE: On 8/31/2010, M2010 -198, The City entered into a new contract term with the Texas Department of Family and Protective Services for youth services from September 1, 2010 — August 31, 2011 with the option to renew the contract on an annual basis for a total contract term not to exceed 54 month. For FY13, the State awarded the City $640,403 to continue youth services for the term of September 1, 2012 to August 31, 2014. The Parks and Recreation Department subcontracts with local providers for youth services. For FY2012, the CYD Collaborative Committee voted to contract with 4 subcontractors for youth services with the option to extend the contract for up to 48 months. For FY2013, youth services with the same 4 subcontractors are recommended which will provide for one annual renewal period for FY14. Due to the size of the contracts, only the CIS and SERCO agreements require Council approval. BACKGROUND AND FINDINGS: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Community Youth Development (CYD) Program in fifteen zip codes throughout the State. The City of Corpus Christi has been allocated $640,403 in program funds for two Fiscal Years 2013 and 2014, Contract Period September 1, 2012 through August 31, 2014, to be used in the 78415 Zip Code area. The City's Purchasing Department released a Request for Proposals (Bid Invitation No. BI- 0134-11) for providers to service the youth of 78415 with services including but not limited to Youth Leadership Development, Youth Advisory Committee, Mentoring and Recreation. A review committee was formed and reviewed 11 proposals of which 4 were recommended. ALTERNATIVES: Reject State funding and discontinue the CYD program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This award conforms to all City purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation Purchasing Department Legal Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 - 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $320,201.50 $320,201.50 $640,403.00 BALANCE $320,201.50 $320,201.50 $640,403.00 Fund(s): Grant Fund 1060 Comments: There is no City match requirement for this contract. RECOMMENDATION: Staff recommends approving the contract with the Texas Department of Family and Protective Services and extending the subcontracts with Communities In Schools and SERCO of Texas to continue providing services to qualifying youth in the 78415 ZIP code through FY2013. LIST OF SUPPORTING DOCUMENTS: Contract with State for CYD program Extension Agreement with Communities in Schools Extension Agreement with SERCO, Inc. Ordinance Ordinance authorizing the City Manager or designee to execute a contract with the Texas Department of Family and Protective Services for funding for September 1, 2012 through August 31, 2014 in the total amount of $640,403; authorizing appropriation in the Grants Fund No. 1060 for Community Youth Development program contracts for the 78415 Zip Code area; and authorizing execution of subcontracts as follows: $85,000 to SERCO of Texas and $65,000 to Communities In Schools for subcontract period September 1, 2012 through August 31, 2013, and providing for one annual renewal period. BE IT RESOLVED 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 contract with the Texas Department of Family and Protective Services for funding for FY 2013 through FY 2014 in the amount of $640,403 for the Community Youth Development Program for the 78415 Zip Code area. SECTION 2. That the funds described in Section 1 are appropriated in the Grants Fund No. 1060 for Community Youth Development program for the 78415 Zip Code area. SECTION 3. That the City Manager or his designee is authorized to execute subcontracts for Community Youth Development program services, with contract periods September 1, 2012 through August 31, 2013 as follows: SERCO of Texas in the amount of $85,000 and Communities In Schools in the amount of $65,000, and providing for one annual renewal period. 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 votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor Texas Dept of Family and Protective Services Contract Renewal Boilerplate for Client Services Contracts Service Type: Community Youth Development Form 9070 June 2012 Purchased Prevention and Early Intervention Services Contract Contractor Name: City of Corpus Christi Contract #: 23792861 Renewal #: 2 The Texas Department of Family and Protective Services, hereinafter referred to as the Department, and City of Corpus Christi, hereinafter referred to as the Contractor, entered into a contract effective September 1. 2012 for the purpose of providing Community Youth Development services with a payment type of Cost Reimbursement. This contract has been renewed 1 time(s) previously. The contract dated September 1, 2010 and all prior amendments and renewals are referred to herein as the "Original Contract." The procurement # 530 -11 -0006, which resulted in this contract, anticipated possible renewals and amendments of the contract, and no additional procurement process is necessary before entering into this renewal. The Department and the Contractor agree to amend the contract as follows: Name Change. Effective as of [Insert Date], the Contractor's name was changed from [insert old name] to [insert new name]. The Contractor represents and warrants to the Department that such name change was effected in accordance with applicable law and resulted in no material change in the ownership, management or business organization of the Contractor. 1. Effective Date of Contract. Section 1.2 of the Original Contract is amended to include: September 1, 2012, through August 31, 2014. II. Section 1.3 of the Original Contract is deleted in its entirety and the following provision substituted for same: Contract Amount. DFPS will pay the Contractor $640,403.00 ($320,201.50 FOR FY13 - September 1, 2012 through August 31, 2013; FY14 $320,201.50 September 1, 2013 through August 31, 2014) available funds for services rendered in accordance with the terms of this Contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Department. Section 1.9 of the Original Contract is deleted in its entirety and the following provision substituted for same: Testimony in Proceedings. Contractor will require its employees to testify in judicial and administrative proceedings at the request of DFPS. To the extent possible, Contractor will also assist the Department in locating past employees, agents, volunteers, consultants, or subcontractors when DFPS requires past employees, agents, volunteers, consultants, or subcontractors to appear and testify in accordance with this subsection. IV. Section 1.38.2 of the Original Contract is deleted in its entirety and the following provision substituted for same: Immediate Suspension or Termination. The Department will immediately suspend or revoke this Contract if the Contractor is found liable for, or has a contract, license, certificate, or permit of any kind revoked for, Medicaid fraud. DFPS will also immediately suspend or revoke this Contract if a necessary license, certificate, or permit named in this Contract expires or is revoked Page 1. of 4 Texas Dept of Family and Protective Services Contract Renewal Boilerplate for Client Services Contracts by any applicable licensing authority for any reason. V. Section 1.39.2 of the Original Contract is deleted in its entirety and the following provision substituted for same: Form 9070 June 2012 1.39.2. Suspension, Ineligibility, and Voluntary Exclusion. Executive Orders 12549, 13224 and 12689 require DFPS to screen each covered Contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Contractor certifies the following: 1.39.2.1.That Contractor is, to the best of its knowledge and belief, not on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. 1.39.2.2.That Contractor will not knowingly enter into any subcontract with a person who is on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DFPS or the U.S. Department of Health and Human Services or U.S. Treasury Department, as applicable. 1.39.2.3.That Contractor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially designated nationals list without modification in any subcontracts or solicitations for subcontracts. VI. Section 1, GENERAL REQUIREMENTS of the Original Contract is amended by adding the following language: 1.42 Information Security Requirements. Contractor must comply with the following: 1.42.1. The DFPS IT Security Policy located at: httb: / /www.dfos. state .tx.us /documents /PCS /Contractor Information Securitv.p df 1.42.2. Health and Human Services Enterprise Information Security Standards and Guidelines 1.42.3. Title 1, Texas Administrative Code, Sections 202.1 and 202.3 -.28 1.42.4. Texas Human Resources Code, Section 40.005 1.42.5. Texas Family Code, Section 161.006(a) -(b) 1.42.6. Texas Family Code, Section 162.018 1.42.7. Texas Family Code, Subchapter C, Sections 261.201 -.203 1.42.8. Texas Family Code, Section 264.408 1.42.9. Texas Family Code, Section 264.511 1.42.10. Texas Health and Safety Code, Section 85.115 1.42.11. Title 40, Texas Administrative Code, Subchapter B, Sections 700.201 -,209 1.42.12. The Federal Information Security Management Act of 2002 (FISMA); 1.42.13. Publication 1075 - Tax Information Security Guidelines for Federal, State and Local Agencies; 1.42.14. NIST Special Publication 800 -53 Revision 3 - Recommended Security Controls for Federal Information Systems and Organizations; and 1.42.15. NIST Special Publication 800 -47 - Security Guide for Interconnecting Information Technology Systems. 1.42.16. In addition to the requirements expressly stated in this Section, Contractor must comply with any other State or Federal law, regulation, or administrative rule relating to the specific DFPS program area that Contractor supports. 1.42.17. Upon reasonable notice, Contractor must provide, and cause its subcontractors and agents to provide, DFPS or its designee, prompt, reasonable, Page 2 of 4 Texas Dept of Family and Protective Services Contract Renewal Boilerplate for Client Services Contracts and adequate access to any information security records, books, documents, and papers that are directly pertinent to the performance of the Contract including, but not limited to: 1.42.17.1.Contractor information security policies; 1.42.17.2.Contractor information security procedures; 1.42.17.3. Contractor information security standards; 1.42.17.4.Contractor information security guidelines; 1.42.17.5.Contractor security plan in compliance with NIST Special Publication 800 -53 Revision 3; 1.42.17.6. Contractor security violation reports; 1.42.17.7.Contractor employee security acknowledgement agreements; and 1.42.17.8.Lists of Contractor's employees, subcontractors, and agents with authorized access to DFPS confidential information. 1.42.18. Items 1.42.17.1 through 1.42.17.8 above are subject to DFPS' review and approval. Neither DFPS' review or approval, nor its failure to review or approve, will relieve, waive, or satisfy any of Contractor's obligations under this Agreement. 1.42.19. Contractor will provide, and will cause its subcontractors and agents to provide, to DFPS, upon reasonable notice, written certifications of compliance with controls and provisions relating to information security, including but not limited, those related to confidential data transfers and the handling and disposal of Personally Identifiable Information (PII). Acceptable forms of written compliance may be, but are not limited to: 1.42.19.1.Statement on Auditing Standards No.70, Service Organizations (SAS -70) Report; 1.42.19.2.General Security Controls Audit; 1.42.19.3.Application Controls Audit; 1.42.19.4.Vulnerability Assessment; and 1.42.19.5.Network/Systems Penetration Test. Form 9070 June 2012 VII. Section 1, GENERAL REQUIREMENTS of the Original Contract is amended by adding the following language: 1.43. Survivability. All obligations and duties of the Contractor not fully performed as of the expiration or termination of this Contract will survive the expiration or termination of the Contract. VIII. Incorporation by Reference. Contractor represents, and requests the Department to rely on these representations: A. If any material facts have changed, the Contractor has attached new and current documents as indicated by the Department. 1. DFPS Procurement #: 530 -11 -0006 2. Form 2031, Signature Authority Designation 3. Form 4732, Request for Determination of Ability to Contract 4. Form 2030, Budget for Purchase of Service with Narrative, if applicable 5. Form 9007 Internal Control Structure Questionnaire (ICSQ) 6. PEI Supplement Attachment I 7. 2282CR Cost Reimbursement Supplement Attachment II 8. Performance Measures Attachment III 9. Plan of Operation 10. Policy and Procedures Manual Page 3 of 4 Texas Dept of Family and Protective Services 11. Policy Clarifications Contract Renewal Boilerplate for Client Services Contracts Form 9070 June 2012 B. Upon request by the Department, the Contractor will prepare and execute new documents from the forms listed above. Budget. The Budget for Purchase of Service Contracts (Form 2030) and Budget Narrative included in the Original Contract are hereby deleted and the Form 2030 and Budget Narrative attached hereto are substituted for same. The Department shall reimburse the Contractor the reasonable, allowable and allocable costs. X. Service Provisions. Services Provisions remain the same as stated in the Original Contract. All other terms and conditions of the Original Contract not in conflict with this renewal are continued in full force and effect. By signing this renewal, the Contractor represents and warrants to the Department that Contractor still complies with all previously submitted Certiftcations made when entering into this agreement. This renewal # 2 to contract # 23792881 is effective September 1, 2012, through August 31, 2014. . Texas Department of Family Contractor: City of Corpus Christi and Protective Services Signature Signature Printed Name: AudnovD*oNnqm Printed Name: Michael Morris Title: Assistant Commissioner for Child Title: Director of Parks and Recreation Protective Services Date Date Page 4 of 4 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES COMMISSIONER Howard G. Baldwin, Jr. July 30, 2012 Angel Escobar City Manager City of Corpus Christi 606 N. Carancahua, Suite 105 Corpus Christi, TX 78401 RE: Contract Renewal Notice of Award — Fiscal Year 2013 Contract #23792861, Community Youth Development Program Dear Mr. Escobar: Contract renewals for Division of Prevention and Early Intervention (PEI) programs must be finalized by August 31, 2012. For FY2013, the target for the average number of youths to be served monthly will be 300 and annual number of unduplicated youth to be served will be 1376, as reflected in your current Plan of Operation. Please review all documents and then print out 3 copies of each of the following: contract (9070) with attachments, approved 2030, approved narrative and the plan of operations. All necessary documents need to be signed in blue ink. If a board, judge, or other governing body must approve your renewal packet, please ensure that you have planned for this process within the available time and advise your contract manager of key dates. All renewal information is due no later than August 22, 2012. Please send renewal documents to my attention at the following address: DFPS /PEI (if sending by regular mail) P. O. Box 149030, Mail Code Y -987 Austin, TX 78714 -9030 OR (if sending by courier) DFPS /PEI 2401 Ridgepoint Drive, M/C Y987 Austin, TX 78754 Your partnership in expediting the renewal process is greatly appreciated. If you do not intend to renew your contract with DFPS, please contact me immediately so that we may initiate contract closure. 2401 RIDGEPOINT DR. P.O. Box 149030, MC Y -987 • AUSTIN, TEXAS 78714 -9030 ♦ (512) 929 -6439 Mr. Escobar July 30, 2011 Page 2 of 2 Please contact me at 512 - 929 -6439 if you have any questions regarding this letter or the enclosed documents. Sincerely, Fe lifiCO L`o eZ, Jr. i STAR Cont ct Man a er Prevention and E,ariy Intervention bocuments sent by e-mail: Contract form 9070 2030 Budget and Budget Narrative Plan of Operations Addendum 2 Attachment 1 PEI Supplement Attachment II form 2282CR Attachment III Performance Measures Service Dollar U 1 O W F. w __........... _.___. $0,00 Faf Fn $0.001 K w - :J — Certified by: Name: Michael Morris Title: Director of Parks & Recreation Date: Summary 1 Contractor City of Corpus Chr Contract No. '.23792861 C''ontract Period September 1, 2012 y $67,682.04 $23,250.16 $3,480.90 $225,788.40 ' _$225,788,401 0' e o ticipants to be served: 1376 A Grand Total $67,682.04 $23,250.16 z9 $1,718.40 $1,762.50 $0.001 $3,480.90 $225,788.40 225,788.40 0 Cost Category (IA) Personnel - Salaries (113) Personnel - Fringe Benefits SSubtotal (2) Travel (3) Materials, Supplies and CA 1(4) Equipment(Rent/Lease /Purchase) Subtotal (5) Other Costs (list below) 'Subtotal Total Direct Costs Indirect Cost Rate (if applicable): 0 Grand Total' Total FA Service Total Subcontractor Service 'Total Service Dollars (Total FA Non - Service /Operational Grand Total' (IA) Personnel - Salaries 1 Contractor City of Corpus Christi Contract No. 23792861 a-s 1 I 1 ..., 1 . - : - . F a S2,4.0 522,00178.00 0 g :4 *For motatoring purposes tmesheets ud payroll data must be kept on file *'Costs not allowable ttalready being paid by other sources., , f . . . ''''' C=I .■3. .:`,....'4 ..;.-.:.... c,8:t -z --. 8.,,i, 44 — ..--,- .•.'•,,2 'a ■8; 4z. — — — . 1. Total FA Service CYD Program Manager Accountant CYD Administrative Assistant 1. -4: i cl g City of Corpus Christi '..23792861 hrough August 31, 1 U O B Reimbursable ' $6,084.00 $3,456.00 N Contract No. 0006 $0.001 el el *For monitoring purposes payroll data must be kept on file. * *Costs not allowable if already being paid by other sources Type of Fringe Benefits o H U Workers Compensation (PM & Admin Asst) ($234 x 26) Health Insurance (PM & Admin Asst) ($144 x 12 x 2) (Total FA Non - Service /Operational Total Fringe Benefits Contract No. ',23792861 Contract Period ',September 1, 2012 through August 31, 2 Z1 o o $0.00 R Reimbursable rn c F 00'08 S g $124.801 10000 00.001 v *for monitoring purposes receipts and other detailed records must he kepi on file_ * *Costs not allowable if already being paid by other sources. Type of Travel Expense L (mileage /food /lodging etc.) 1Total FA Service Local Mileage (40)_______ DIPS Provider Meting & PIP Conference — x° To s v o (Mileage for Conference Total FA Non - Service /Operational 1 (3) Materials, Supplies and Controlled Assets ) Contractor City of Corpus Christi IC Other in file. Ctf. q C` 1 Vi Yi H v' Contract Ao. Contract Period efl 00'0$ 000$ 00'0$ 100 0090 $0.001 Materials, Supplies and Controlled Assets (description and basis of cost)__ Total FA Service Routine Office Supplies Community Awareness Supplies Total FA Non - Service /Operational ^0 8 E Total Equipment Total FA Non -Servic LL � V C� L O d con N p O ,44 N C° w 0 a w° m en e q LL N Z t o E co C > Contract No. Contract Period September 1, 2012 through August 31, 2 $o.001 $290 00 $300.00 $250.00 $3,840.00 $28,000.00 $85,000.00 Fl L___..._... $0.00 $0.00 Z.; w v3 $650.00 $300.00 � 00'000`58$ 00000'80$ vs ss 'Total FA Service _ -- Postage / Deliver Copying /Printing Charges Recruitment Costs Leadership Recognition Event Community Needs Assessment Registration Fees (TNOYS membership & PIP Conference) Lease / Rental Expenses 'Total FA Non- Service /Operational Youth Odyssey SERCO of Texas ©oys & Girls Club Communities In Schools ITotal Subcontracts Total Other *For monitoring purposes receipts and other detailed records must be kept on 0 * *All equipment must be tagged and numbered. * *Costs not allowable if already being paid by other sources. City ofCorpus Christi FY13 Budget Narrative 78415 Community Youth Development Program BUDGET NARRATIVE The City of Corpus Christi (City) will serve as the fiscal agent for the Community Youth Development (CYD) Program. The City will provide fiscal services necessary to ensure State funds are properly utilized to deliver the services reflected in this proposal. The City will also ensure subcontracts for the delivery of services is executed by all service delivery agencies. During the program period, the City will monitor each subcontractor to ensure services are being delivered in accordance with State guidelines and as specified in the subcontract for services. Personnel — Salaries $67,682.04 Positions are salary-based with the exception of the Administrative Assistant which is paid on an hourly-base. The Program Manager and the Administrative Assistant are charged for 100% of their time, the Accountant is charged for time spent working on the CYD program. Timesheets are prepared each month by the persons in the three positions and their hours worked on CYD business is verified by the Program Manager. The Fiscal Agent is reimbursed by DFPS for only those hours worked on CYD. FA Non-Service 0 • perationat Salaries: $67 682 0 4 • CYD Program Manager — Salary $39,500.04 A full-time (40 hours a week) CYD position responsible for preparing correspondence, plans, contracts, agreements, budgets, and monitoring reports. Monitors subcontractor and fiscal agent budgets and expenditures and ensures contract compliance. Conducts annual subcontractor formal monitoring and quarterly site visits. Collects and analyzes data to monitor contract compliance. Works with subcontractors on resolving problems and answering questions. Oversees the management of database on CYD participants. Reviews monthly subcontractor billings and reports for payment processing. Performs Community Outreach by creating collaborative relationships. Maintains inventory of all capital purchases by subcontractors and maintains an inventory list. In addition, this position also assists in CYD data entry as needed. 40 hours per week spent on CYD. $3,291.67 mo. x 100% x 12 mos. = $39,500.04 Accountant — Salary $6,174.00 Full-time (40 hours a week) position responsible for processing payment requests to vendors and subcontractors. Records and reports expenditures and processes time reimbursement for Fiscal Agent. 7-8 hours per week spent on CYD. $3,675 mo. x 14% x 12 mos. = $ 6,174.00 Administrative Assistant — Salary $22,008.00 A full-time (40 hours a week) CYD position reimbursed at an hourly wage of $10.58, responsible for all data entry into the PEIS data system and assisting the CYD Program Manager. Also responsible for maintaining files, assisting with community events and some correspondence with providers (40 hours per week spent on CYD). $1,834 x 100% x 12 mos = $ 22,008.00 City ofCorpus Christi FY13 Budget Narrative Personnel — Fringe Benefits $23,250.16 L'E FA Non-Service Operational Fringe Benefits: $23,250.16 TMRS (retirement) Percentage on the (2) full-time salaries (CYD Program Manager ($39,500.04 and CYD Administrative Assistant($22,008.00) — For 4 months (Sept — Dec) - 14.24% x $5,125.67 x 4 months = $2,919.60 or approx $729.90 per month For 8 months (Jan-Aug) - 14.84% x $5,125.67 x 8 months = $6,085.20 or approx $760.65 per month. FICA Percentage of tax on the (2) full-time salaries (CYD Program Manager ($39,500.04 and CYD Administrative Assistant ($22,008.00) — 7.65% x $61,508.04 = $4,705.36 or approx $392.11 per month. Worker's Compensation (Program anager and Administrative Assistant) $2341pay period x 26 pay periods x = $6,084.00 Health Insurance (Program Manager and Administrative Assistant) $144/mo. x 12 mos. x 2 = $3,456.00 Fringe Benefits will be charged at 100% to the State for the two full-time positions. Fringe Benefits for the Accountant are being paid by the City of Corpus Christi and not being charged to the State. Personnel — Travel $1,718.40 FA Non-Service Operational Travel: $1 I 71 8 • 40 Local mileage — Local travel by CYD Program Manager and/or Administrative Assistant at a rate of $0.40/mile, estimated miles for year to travel to subcontractor sites to coordinate and monitor programs. Basis is derived from historical usage from previous years. In the event there is a mileage rate increase, we will reimburse at a level no higher than the standard federal level. Although the State rate is .55, we will only bill at the level that the agency utilizes which is currently .44 although there may be an increase through the year. Approximately 62.5 miles/mo. x 12 mos. x $0.40/mile = $300.00 Out-of-town travel: Funds are allocated to cover expenses for the DFPS Provider Meeting and the Total Trip - $1,418.40, City of Corpus Christi FY13 Budget Narrative Partners In Prevention Conference held in Round Rock, Texas for the CYD Program Manager and the Administrative Assistant.. We will request for reimbursement at this rate, but in the event of an increase, we will request at a level no higher than the standard DFPS rate. Trip 1 — DFPS Provider Meeting & PIP Conference Hotel: 2 staff (CYD Program Manager and Administrative Assistant) x 3 nights x $138.67.00 night = $832.00 $104. X Hotel Tax (15%) = $15.60: 2 staff x 3 nights x $15.60 = $124.80 Per Diem: 2 staff x 4 days x $36/day = $288.00 Transportation (car): 1 vehicle x 434/miles (Austin roundtrip) x .40= $173.60 Materials and Supplies $1,762.50 FA Non-Service Operational Material and Supplies: $1,762.50 Routine office supplies — $600.00 Office supplies to be utilized by the CYD Program Manager and Administrative Assistant in overseeing all projects under the Community Youth Development Program. Office supplies including but not limited to paper, pens, folders, envelopes, items for CYD meetings, subcontractor trainings, pre-bid conferences, publications, and correspondence. Approximately $50 per mo. x 12 mos. = $600.00. This figure is based on historical usage from previous years. Community Awareness Supplies — $562.50 Community Awareness for the CYD program will be done throughout the 78415 area including attendance at community events and school functions. At these events, we will be distributing small items to spread the CYD message and to recruit youth for the CYD programs. Items to be purchased will include the CYD logo and phone number and will include such items not limited to pens, pencils, and notebooks to be distributed to participants at events. This also includes supplies to conduct community meetings and attend school events at the three high schools and three middle schools. These items include but are not limited to decorations, banners, activity supplies etc. for community events. This figure is based on historical usage from previous years. Community Awareness Items — 750 items @ $.75 ea = $562.50 Food/snacks (for Youth) — $600.00 Costs associated with the purchase of food, drinks and/or snacks for youth that attend the CYD Collaborative Committee meetings. Youth attendance to each monthly meeting averages about 7-10 youth. We invite a number of YAC students to attend the meetings and get a feel for the Collaborative Committee and to voice their opinion on programs. In addition, the CYD Program Manager with assistance from YAC youth, will visit each of the 78415 schools to raise awareness of the program by participating in the school's festivals. Before the end of school, a Leadership Recognition event will be held for those youth that participated in community events, community City of Corpus Christi FY13 Budget Narrative service. The event is designed to give the youth some recognition for their leadership skills. Food will be provided at the event for the CYD youth. All food costs will be in accordance with DFPS guidelines. Basis is from historical data. Food for CYD Youth at CCC Meetings & Leadership Recognition Luncheon 4 meetings at $25 each (approx. 15 kids each) - $100.00 Leadership Recognition catering + labor (other expenses listed on page 5) - (50+ youth in attendance) $500.00 $600.00 Rental, Lease or Purchase of Equipment - $0.00 None FA Non-Service Rental, Lease or Purchase of Equipment: $0.00 None Other Costs $225,788.40 L " FA Non-Service Operational Other Costs: $5,788.40 Postage, delivery charges — $158.40 Costs associated with mailings and deliveries of CYD documents. Fiscal agent is charged per piece, not cost allocation. The estimate of $0.44 per piece is an average cost which includes processing the outgoing mail plus postage. 30 pieces x 12 x $0.44/piece = $158.40. Copying/printing charges — $290.00 Cost for copying documents for CYD meetings, copies to subcontractors and DFPS. Based on prior year's volumes. Fiscal agent is charged per copy at .05 each, not by cost allocation. The estimate of $0.05 per copy includes the City of Corpus Christi lease agreement and the maintenance contract. Copies made - 150 copies/mo. x $0.05 x 12 mos. = $90. Specialty outside print jobs (i.e. display boards, banners, postcards and/or posters for distribution) estimated at $50 x 4 months = $200.00. Recruitment Costs — $300.00 Costs associated with recruiting for the CYD program throughout the year including extra pushes for summer programs. This includes visiting school events that are held in the fall at the 78415 schools and end of year events. This will give the CYD Program Manager the opportunity to visit with each school, meet teachers and parents at the schools and engage the youth through activities while learning about CYD programs. This will also give us the opportunity to showcase programs, perform City of Corpus Christi FY13 Budget Narrative surveys, increase recruitment and also promote awareness of the CCC. These events will involve the CYD Collaborative Committee, providers and YAC. In order to increase awareness at the events, for larger events we will create more of a presence with larger booths and activities for YAC youth to interact with while discussing the program. Costs associated with these events include but are not limited to t -shirts for working youth, staff and volunteers, booth costs, decorations, and supplies. Booth Costs & Supplies 6 events @ $50 $ 300.00 Total Cost $ 300.00 Leadership Recognition Event - $650.00 Towards the end of the year, we will collaborate with providers to provide a Leadership Recognition event for CYD Youth. This event will invite CYD youth to receive recognition for the jobs /community service that they provided throughout the year while being recognized within their community. Costs will include but not limited to a Speaker, projector and sound system including microphone rental, award certificates and recognition token, and decorations. Cost is based on historical data. Recognition Event Site Rental $ 300.00 Presentation Services (system rental & decor) $ 200.00 Certificates $ 150.00 Total cost for Leadership Recognition Event $ 650.00 Community Needs Assessment -- $300.00 The Community Needs Assessment will require special meetings with the YAC and CCC. A youth survey will be distributed to YAC peers in the 78415 zip code. Incentive to complete the form for the youth will include a small item either a CYD wristband, CYD ID tag or similar item in cost. In the past, these items have helped to bring in more surveys and have offered more incentive to the YAC students to approach their friends and peers. Also, in order to bring about competition amongst the youth, the CYD youth who represent the school with the most surveys returned receive a prize, such as an educational field trip. In addition, the CYD Program Manager will enlist assistance from the Dr. Philip W. Rhoades at Texas A &M University- Corpus Christi for compilation of data for a more comprehensive Community Needs Assessment, approx cost $230 based on historical costs. Basis on cost derives from historical data from previous years and does not have a formula readily available. Survey incentives 400 x $.50 - $ 200.00 Recognition event for school - $ 100.00 $ 300.00 Registration Fee — $250.00 Registration Fee for 2 staff for PIP registration. $125 /staff x 2 staff = $250 Lease / Rental Expenses - $3,840.00 The CYD Program Manager's Office is now located at a City of Corpus Christi's, "Parks and Recreation" rental office area located at 606 Carancahua, Ste 105 Corpus Christi, Texas. The space that utilized for CYD business is 320 square footage (CYD Program Manager — 120 sq ft, CYD Administrative Assistant — 110 sq. ft, CYD Storage — 90 sq ft). The monthly lease amount paid to Wilson Plaza Associates L.P. is $4,802. The monthly rental fee paid to the City of Corpus Christi for housing the CYD office at 606 N. Carancahua, Ste 105 is $320. This amount includes utilities and City of Corpus Christi FY 13 Budget Narrative electricity. Lease / Rental Expense Breakdown: CYD Office Square Footage: 320 Total Square Footage for the building: 4,802 Monthly Rental for the building: $4,802.00 4,802' / $4,802 = $1.00 per square foot 320' x $1.00 = $320 per month x 12 months = $3,840 'Total Subcontractor Services/Other Costs: $220,000 Youth Odyssey $28,000 SERCO of Texas $85,000 Communities In Schools $65,000 Boys & Girls Club of CC $42,000 Total Subcontract Service Dollars: $ 220,000 TOTAL AMOUNT OF CYD CONTRACT: $320,201.50 Community Youth Development Program FY 2013 Plan of Operation 1- SUMMARY PAGE Contractor Name: City of Corpus Christi Contract Number: 23792861 ;.`�a4 W 'y ,�....F , , . � !'10 ,. ,. i �f :'.8: - it a h TI _ -i ��' rr47 a �,�.7t. - +i >: �`M�rima 130 .Co #act infgrina�flolt' . � � , . ; , ar,�.. .r .. , �3, Name: TBD Youth Advisory Committee (only one. service provider per ZIP code) Title: E -mail: Phone Number: Celina Pulcher CYD Program Manager Celinat cctexes.com 361 - 826.4028 � r , . 1, . % . Secondary, Profit'arri'0on aQtIn to atlo OI' :. ...1'a.6'1 ,. ' ` .. Name: Title: E -mail: Phone Number: Diana Naranjo JAC / CYD Superintendent DianaN@cctexas.com 361- 826 -4005 1. Will the fiscal agent provide direct services? Ell Yes ® No 2. Identify the service provider offering the following required services: Required Service: Names of Service Providers Mentoring TBD Youth Leadership Development TBD Youth Advisory Committee (only one. service provider per ZIP code) TBD Detailed Changes to the. Plan of Operation Where no changes are identified, the contractor is required to provide services as identified in the FY 12 Plan of Operation. Formal Compliance Monitoring `. ® I certify that the information from Plan of Operation for FYI 2 is the same. ❑ The changes being made are detailed below. 1. Describe how the fiscal agent will ensure that the service providers meet all the administrative requirements, such as internal controls, personnel requirements, background checks, record keeping, 2 -1 -1 listings, and . reporting of suspected child abuse and neglect as described in the RFP. 2. Describe how the fiscal agent will ensure that the service providers meet all the fiscal requirements, such as billing to the month incurred, billing only items that are reasonable, necessary, allowable, and allocable, billing only items in the budget, billing costs reasonable for the services delivered, and having proper supporting documentation for costs billed, including personnel time, as described in the RFP. 3. Describe how the fiscal agent will ensure that the service providers meet all the programmatic requirements, such as performance measures, delivering services consistent with their plan of operation and local RFP requirements including program reports, eligibility requirements, age restrictions, and services provided (typeandintensityj, .as describedin the RF-P. Comm uniti' and Youth Collaboration'and.Input ® 1 certify that the information from Plan of Operation for FY12 is the same. ❑ The changes being made are detailed below. 1. Is the CCC a stand -alone group or part of a larger collaboration? Stand - alone group CYO Plan of Operation Page 1 of 5 Fiscal Year 2013 (September 1, 2012 - August 31, 2013) ❑ Part of a larger collaboration (Name of the larger collaboration: 2. Describe how the CCC will: a. assist with the strengths and needs assessment, b. assist with integration of CYD into the community, c. encourage collaboration among area agencies to provide an integrated means of identifying barriers to service delivery, finding solutions to these barriers, and providing a diverse menu of resources to meet a range of client needs. 3. Describe any additional duties and activities of the CCC not mentioned in the response above. 4. Describe how the fiscal agent will conduct outreach for participation on the CCC: 5. Describe how the Fiscal Agent will collaborate with the YAC to ensure youth input on decisions made for the CYD program. 6. Describe how the YAC will be involved in: a. Outreach and Awareness b. Evaluation - collecting feedback from local youth, including CYD participants, about CYD services and the impact of services on juvenile delinquency prevention. Te.ntati►e Sched'ute for CCC • rneetiings for FY13 September 9/20/12 March 3/21/13 October 10/18/12 April 4/18/13 November 11/15/12 December 12/20/12 May 5/16/13 June 6120113 January 1/17/13 July 7/18/13 February 2/21/13 August 8115113 I Coimnunity Strengths and Needs Assessment 1 certify that the information from Plan of Operation for FY12 is the same. ❑ The changes being made are detailed below. 1. When was the most recent strengths and needs assessment completed? 2. Based on the completed assessment, list the community's strengths and needs for the prevention of iuvenile delinquency. Community - Strengths- for the - prevention -of- Juvenile - Delinquency: Community Needs for the prevention of Juvenile Delinquency: 3. List and rank the recommended juvenile delinquency prevention funding priorities that resulted from the assessment: Funding Priority 1: Funding Priority 2: CYD Plan of Operation Fiscal Year2013 Page 2 of 5 (September 1, 2012 — August 31, 2013) Funding Priority 3: Funding Priority 4: Funding Priority 5: 4. Describe how the fiscal agent will ensure that all services funded are based on the funding priorities identified in the strengths and needs assessment for the prevention of juvenile delinquency. CYD Services D etail ® I certify that the information from Plan of Operation for FY12 is the same. ❑ The changes being made are detailed below. 1. Is this CYD Program a stand -alone program or a component of a larger program? ❑ Stand -alone El Component of a larger program (Name of the larger program 2. Check the services to be provided: ❑ Youth -Based Curriculum Activity - 01 ❑ Family -Based Curriculum Activity - 02 ❑ Family Focused Service - 05 ❑ Recreational Services - 07 ❑ Academic Support Services - 08 ❑ Life Skills Classes - 09 ❑ Mentoring -10 ❑ Youth Leadership Development -11 ❑ Youth Advisory Committee -12 (only one provider may offer the YAC service) 3. Check the protective factors this program will identify for change: ❑ Involvement with positive peer group activities and norms ❑ Social competencies such as decision making skills, assertiveness and interpersonal skills ❑ Parental /guardian supervision ❑ Caring adults other than parent ❑ Strong bond between children and parents ❑ Emotional support and absence of severe criticism ❑ High parental expectations ❑ Clear rules and expectations ❑ Involvement with school /community ❑ Friendship network ❑ Positive perception of self and others ❑ Places high values on helping others ❑ Sense of purpose CYD Program Description ® 1 certify that the information from Plan of Operation for FY12 is the same. ❑ The changes being made are detailed below. 1. Describe the services to be provided. Include every service indicated in the check box above. Indicate the time of day that services will be provldecr(e.g., after school, weekends, during the school day). 2. Describe what startup activities will be necessary including, but not limited to, hiring and training staff, publicizing your program in the community, and recruiting to the program. Provide a brief timeline for all activities. 3. Identify the frequency, intensity and duration of services for a client: CYD Plan of Operation Fiscal Year 2013 Page 3 of 5 (September 1, 2012 — August 31, 2013) Service Type Use the service type names first and individual program names in parenthesis; if needed ForWhom Target youth; primary caregiver Example: Academic Support (Future Kids) Youth Frequency. :daily, weekly; monthly (1 service dges Llat equal a'time periods such'?a's'an haur� 4 sessions per month • Duration`. the amount Qf time It will;take a client complete the program, • .Intenslty he total # Of • sessions per Client 3 months 12 Sessions (frequency x duration 4. Identify the target population to be served: Youth is an art of the program designed to serve ages other than the CYD target population of 10 -17? Yes 0 No ❑ 1f yes, please describe: Is any part of the program specifically designed to serve only males or females? Yes ❑ No • If yes, please describe: Is any part of the program specifically designed to serve a specific racial or ethnic group? Yes ❑ If yes, please describe: No ❑ 'Client .Recruitment .and'Retention • 1 certify that the information from Plan of Operation for FY12 is the same. ❑ The changes being made are detailed below. 1. Recruitment: a. Describe the process for recruitment of at -risk youth and their families. Provide a description of any outreach strategies used to encourage referrals and collaboration. Include recruitment efforts to address cultural diversity. Identify those agencies and organizations which are likely to refer clients. b. Describe any community- based - outreach- and - awareness - events -or activities -your- program will implement or participate In this year. 2. Retention: c. Describe strategies used to engage youth and their families. Describe any techniques you will implement to establish trust, build rapport, and maintain relationships with your target population. d. Will your program offer incentives for participation? ❑ Yes ❑ No If yes, describe the types of incentives and how they will be used (Note: Please refer to the PEI policy on Incentives). CYD Plan of Operation Fiscal Year 2013 Page 4 of 5 (September 1, 2012 — August 31, 2013) c. Describe your plans to retain youth in the program and ensure youth complete the program. Describe how you will recover youth who stop attending services to return to the program. I Volunteer Recruitment, Retention and Training ® I certify that the information from Plan of Operation for FY12 Is the same. ❑ The changes being made are detailed below. 1. Will the program use volunteers? ❑ Yes ❑ No 2. If yes, describe the procedures for recruiting and screening volunteers and what criteria will be used to ensure they are a good fit to deliver the proposed services. 3. Explain the tasks which will be assigned to volunteers (mentoring, tutoring, presenting), how they will be trained, supervised, and retained (once a month supervision is required per the RFP). 4. If volunteers will serve as mentors, state the adult to youth ratio. Accessibility El I certify that the information from Plan of Operation for FY12 Is the same. ❑ The changes being made are detailed below. 1. Discuss potential barriers (e.g., transportation, child care, etc.) to providing services to the program participants and how you will overcome those barriers. If transportation will not be offered, identify the processes that are used to ensure that these factors are not obstacles to accessing services. 2. . Describe the "safe passage" plan for youth/families without transportation. Signature of Person completing the Plan of Operation for the Contractor: &26( ZK‘'/(a-C d-/rtu. ic/2.-e, W/2 Printed Name Date Signature Signature of DFPS Program Specialist Approving the Plan of Operation: Signature Signature -of -DFPS- Contract - Manager: Signature Printed Name Date Printed Name Date CYD Plan of Operation Fiscal Year2013 Page 5 of 5 (September 1, 2012 -- August 31, 2013) Texas Dept. of Family and Protective Services Prevention and Early Intervention Supplement Program Name: Community Youth Development Attachment I 1. Plan changes and Supplemental bills. Plan changes to budgets and plan of operations are limited to a total of three (3) during the fiscal year with the final plan change to be submitted no later than June 1. Any additional request for plan changes will require a waiver prior to requesting the change. All waiver requests must be submitted to the contract manager with the original signature of the contract's authorized signatory and must completely document specific compelling reasons for the request. Waiver requests must be submitted at least 30 days in advance of the anticipated plan change and are subject to DFPS's approval. Supplemental bills will be accepted once a quarter (due dates to be determined by DFPS) to submit costs not included on the main monthly bill or if additional costs exceed $2,500. Only one supplemental bill may be submitted for each month, so all additional costs must be included. 2. Automated Background Checks. All staff and volunteers that work or will work on the contract are required to have background checks conducted through the Automated Background Check System (ABCS) regardless of whether they have contact with client or client information or if salary is reimbursed through the contract. This includes, but not limited to, Executive Directors and Chief Financial Officers. Forms 2970c and 2971c should be updated when checks are updated every two years and the forms must be kept on file. 3. Performance Measures Reporting. Contractor is required to review performance measure reports from the Prevention and Early Intervention System Database and the STAR database on a monthly basis. Contractor is required to submit the downloaded database reports that reflect all performance measures and a corrective action plan to DFPS no later than 15 days after the end of the first, second, and third quarters for each performance measure that is off track. A corrective action plan must include: (1) a statement of the problem, (2) the proposed steps to be taken, (3) a timeline for each step, (4) the person(s) responsible for implementing each step, and (5) the person responsible for oversight of the plan to ensure it is implemented correctly. The corrective action plan must be submitted on the required template and must outline the measures that will be taken by contractor to address each performance measure that is off track. 4. Cultural Competency. 3 hours of Cultural competency training is required annually for all staff on your DFPS contract. New hires must receive cultural competency training within 60 days after the hire date and annually thereafter. Documentation to support training must be maintained by contractor for review by DFPS. 5. Program Forms and Social Security Numbers. Contractor is required to complete all fields of program forms in their entirety, including any social security number fields. If a client refuses to provide their social security number, contractor must document refusal in the case file. The expectation is that contractors make a good faith effort to obtain social security numbers and other information listed on the program form. Items with an asterisk May 2010 Texas Dept. of Family and Protective Services on program forms are required fields in the database; however, the expectation is that the form is completed thoroughly. Primary caregivers must sign program forms giving consent for services prior to the provision of services. 6. Contractual Obligations. Pursuant to Section 1.28 of the contract, a contractor's acceptance of funds directly under the contract or indirectly through a subcontract acts as acceptance of the authority of the state, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. In accordance with the legislative audit committee, DFPS can request any documentation, at any time, to be sent to DFPS to a location DFPS chooses. Examples of documentation that may be requested includes, but is not limited to, client files in their entirety (progress notes, action plans, registration forms, protective factor surveys, sign in sheets, monthly tracking forms, referral information, etc.), invoices that support monthly billings, a contractor's full general ledger, etc. May 2010 Texas Dept. of Family and Protective Services Cost Reimbursement Supplement for 2282 Attachment II March 2010 1. Cost Reimbursement Contract. 1.1. Basis for Payment. DFPS is not obligated to pay unauthorized costs or to pay more than Contractor's allowable and actually incurred costs consistent with federal and state regulations. Contractor is responsible for submitting bills in an accurate and timely manner for each service period and for notifying the Department of a need to expedite payment. DFPS will make reasonable efforts to process all bills received in an accurate and timely manner, but does not warrant immediate payment. 1.2. Regulation Compliance. Contractor will remain in compliance with 45 CFR Part 74 as applicable, Office of Management and Budget (OMB) Circulars A -133, A -110, A- 21, A -87, and A -122 as applicable, the Uniform Grant Management Standards (UGMS) as applicable, and 40 Texas Administrative Code (TAC) § §732.240 -256 as applicable. The reimbursement made to Contractor will not exceed Contractor's actual costs to provide the services under this Contract and Contractor's actual costs, both direct and indirect, must be allowable, reasonable, and allocable. 1.3. Physical Property. Contractor will assume responsibility for the protection of all physical property and equipment purchased under this Contract. Contractor must furnish DFPS with a written, factual report of the theft of, or damage to, any equipment purchased under this contract, including circumstances concerning the loss. In addition, in the event of any theft, vandalism, or other offense against the properties, Contractor will notify appropriate local law enforcement authorities. 1.4. Equipment. Equipment is any article of tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the lesser of: the capitalization level established by the contractor for financial statement purposes or $5,000. Contractor will follow the provisions of Title 45 Code of Federal Regulations (CFR) Part 74 regarding disposition of any equipment purchased under this Contract with funds allocated to Contractor or its subcontractor. Contractor will not give any security interest, lien, or otherwise encumber any item of equipment purchased with contract funds. Contractor will permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. Contractor will maintain a current inventory of equipment that is available to the Department at all times upon request. Cost reimbursement contractors must also follow the following guidelines when contracting with DFPS. 1.4.1. Cost reimbursement contractors must add certain types of equipment items that are classified as "controlled assets" as designated in the Comptroller's State Property Accounting (SPA) Process User's Guide, available on the Internet, to their inventory. Contractors should review the SPA guide periodically for the most current list. 1.4.2. All cost reimbursement contractors must follow the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" for equipment disposition purposes, except when federal or statutory requirements supersede. 1.4.3. Contractors must request DFPS approval before disposing of equipment or controlled assets prior to the end of the useful life for that item. 1.4.4. Any change to the equipment category in a cost reimbursement budget will require prior approval from the Department. Page 1 of 2 Texas Dept. of Family and Protective Services Cost Reimbursement Supplement for 2282 Attachment 11 March 2010 2. Minimum Insurance Standards. 2.1. Contractor will provide insurance for direct delivery of services 48 hours prior to contract signing. Contractor will obtain and furnish proof of the following bonding and insurance coverage within forty -eight (48) hours of the award of the Contract or at such other time as specified by DFPS. The required coverages are: 2.1.1. Dishonesty bonding under a commercial crime policy or business services bonding, at a ten thousand dollar ($10,000.00) minimum; and 2.1.2. Commercial General Liability Coverage at a three hundred thousand dollar ($300,000) minimum for each occurrence limit, and six hundred thousand dollar ($600,000) minimum aggregate limit. The Department will be provided with ample written notice of policy or bond cancellation or material change in the policy or bond. 2.1.3. [Add the following if professional liability insurance is required.] Contractor must provide and furnish evidence of professional liability insurance with the minimum limits of $300,000.00 per occurrence and $600,000.00 aggregate. 2.2. The Contractor will purchase coverage with insurance companies or carriers rated for financial purposes "B" or higher whose policies cover risks located in the State of Texas. All bonds, policies, and coverage will be maintained during the entire term of contract. 2.3. All required insurance policies will include an endorsement stating that the Department will be given thirty (30) calendar days written notice of policy or bond cancellation or a material change in the policy or bond. Page 2 of 2 FY 2013 Performance Measures for Community Youth Development (CYD) Program Procurement Number: 530 -11 -0006 Attachment 111 Goal of the Contract: To prevent delinquency in Target Youths Output Measures Output #1: The expected average number of Target Youths are served monthly. Performance Period: Contractor performance for this output is determined for each month of the contract period, either wholly or partially, depending on the contract start and end dates. indicator: Average number of unduplicated Target Youths served in the Contractor's CYD Program each month Output Target: 300 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: The numerator is the total number of unduplicated Target Youths served by the Contractor during the most recent completed month, added to the total number of unduplicated Target Youths served by the Contractor during each previous completed month (if any). The denominator is the total number of completed months. Divide the numerator by the denominator. Output #2: The expected number of Target Youths are served during the contract period. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Total number of unduplicated Target Youths served in the Contractor's CYD Program during the contract period. Output Target: 1376 Purpose: To evaluate the Contractor's effort at providing services to youths in the CYD Program Data Source: PEIS Database Methodology: Total number of unduplicated Target Youths with unique client ID numbers that were served by the Contractor during the contract period. Output #3: Pre - Service and Post - Service Protective Factors Survey Questionnaires are completed by the 6 -9 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 6 -9 year old Target Youths served in the Contractor's CYD Program from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources: PEIS Database Methodology: The numerator is the number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires were obtained. The denominator is the total number of eligible 6 -9 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Output #4: Pre - Service and Post - Service Protective Factors Survey Questionnaires are completed by the 10 -17 year old Target Youths served. Performance Period: Contractor performance for this output is determined annually but measured quarterly throughout the contract period. Indicator: Percentage of eligible 10 -17 year old Target Youths served in the Contractor's CYD Program from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires are obtained by the Contractor Target: 60% Purpose: To evaluate the Contractor's effort at obtaining outcome data Data Sources PEIS Database Methodology: The numerator is the number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period from whom completed Pre - Service Protective Factors Survey Questionnaires and matching Post - Service Protective Factor Survey Questionnaires were obtained. The denominator is the total number of eligible 10 -17 year old Target Youths served by the Contractor during the contract period. Divide the numerator by the denominator, multiply by 100 and state as a percentage. Outcome Measures Outcome #1: 6 -9 year old Target Youths report an increase in the protective factors. Performance Period: Contractor performance for this outcome is determined annually. Indicator: Percentage of unduplicated 6 -9 year old Target Youths who indicate an absolute increase in protective factors, as determined by comparison of the Pre - Service Protective Factors Survey scores to the Post - Service Protective Factors Survey scores Target: 75% (The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPS reserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 6 -9 year old Target Youths who are served by the Contractor's CYD Program Data Sources: PEIS Database Methodology: For each eligible 6 -9 year old Target Youth from whom both Pre- and Post - Service Protective Factors Survey Questionnaires are obtained by the Contractor: 1. Calculate the scores for both the Pre- and Post - Service Questionnaires per instructions in the Protective Factors Survey User Manual. 2. For each set of matching Pre- and Post - Service Questionnaires from the same 6 -9 year old Target Youth, subtract the score in the Pre - Service Protective Factors Survey Questionnaire from the corresponding score in the Post - Service Protective Factors Survey Questionnaire to determine an absolute increase, if any. 3. Count the number of Post- Service Protective Factors Survey Questionnaires that indicate an absolute increase. 4. The numerator is the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase in the score. The denominator is the total number of Post - Service Protective Factors Survey Questionnaires completed by eligible 6 -9 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. (The Contractor must meet or exceed the target for Output #3 in order to achieve the target for this outcome.) Outcome #2: 10 -17 year old Target Youths report an increase in the protective factors. Performance Period: Contractor performance for this outcome is determined annually. Indicator: The number of Protective Factors Survey subscales (protective factors) for which 10 -17 year old Target Youths indicate an absolute increase by comparing Pre - Service Protective Factors scores to Post- Service Protective Factors scores. Target: One protective factor for which 75% of 10 -17 year old Target Youths indicate an absolute increase (The Contractor's ability or inability to meet or exceed this target will not be the sole means for assessing their success in providing the contracted client services. DFPS reserves the right to revise the target for this outcome measure for any subsequent contract periods based on statewide Contractor performance data.) Purpose: To evaluate the Contractor's success at increasing protective factors in the 10 -17 year old Target Youths who are served by the Contractor's CYD Program Data Sources: PEIS Database Methodology: For each eligiblel0 -17 year old Target Youth from whom both Pre- and Post - Service Protective Factors Survey Questionnaires are obtained by the Contractor: 1. Calculate the subscale scores for both the Pre- and Post - Service Questionnaires per instructions in the Protective Factors Survey User Manual. 2. For each 10 -17 year old Target Youth, subtract the subscale scores in the Pre - Service Protective Factors Survey Questionnaire from the corresponding subscale scores in the Post - Service Protective Factors Survey Questionnaire to determine an absolute increase, if any. 3. For each subscale, count the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase. 4. For each subscale, the numerator is the number of Post - Service Protective Factors Survey Questionnaires that indicate an absolute increase in that subscale score (protective factor). The denominator is the total number of Post - Service Protective Factors Survey Questionnaires completed by eligiblel0 -17 year old Target Youths. Divide the numerator by the denominator, multiply by 100 and state as a percentage. 5. Count the number of subscales (protective factors) for which the percentage equals 75% or more. (The Contractor must meet or exceed the target for Output #4 in order to achieve the target for this outcome.) Outcome #3: 10 -16 year old Target Youths served in the Contractor's CYD Program will not engage in delinquent behavior. Outcome Performance Period: Contractor performance for this outcome is determined annually. Outcome Indicator: Percentage of 10 -16 year old Target Youths that are not referred to a county juvenile probation program while registered in and receiving services from the Contractor's CYD Program Outcome Target: 95% Purpose: To evaluate the Contractor's success in providing services that deter delinquent behavior in 10 -16 year old Target Youths receiving services from the CYD Program Data Sources: Texas Juvenile Justice Department database and PEIS database Methodology: The numerator is the total number of unduplicated 10 -16 year old Target Youths served in the Contractor's CYD Program during the contract period who were also referred to a county juvenile probation program while registered in the Contractor's CYD Program. An existing protocol for matching youth data maintained in the CYD database with youth data maintained by the Texas Juvenile Justice Department database will be used to establish the numerator. The denominator is the total number of unduplicated 10 -16 year old Target Youths served in the Contractor's CYD Program during the contract period. Divide the numerator by the denominator, subtract this number from one, multiply by 100 and state as a percentage. Definitions Absolute Increase — A documented increase in the score for the Post - Service Protective Factors Survey Questionnaire relative to the corresponding score for the matching Pre - Service Protective Factors Survey Questionnaire. Completed Protective Factors Survey Questionnaire — For the Child (age 6 -9) Protective Factors Survey Questionnaire, the Child must have responded to a minimum of 15 items. For the Youth (age 10 -17) Protective Factors Survey Questionnaire, the Youth must have responded to a minimum of 20 items. Contract Period — The total length of this time frame is limited to all or part of the current fiscal year and shall not exceed 12 months. Eligible (to respond to the Post- Service Protective Factors Survey Questionnaire) — A 6 -17 year old Target Youth that has completed a Pre - Service Protective Factors Survey Questionnaire and; • Completed the prescribed CYD Program; or • Participated in the CYD Program for 12 months from the date the Pre - Service Protective Factors Survey Questionnaire was completed. The Post - Service Protective Factors Survey Questionnaire must be the same version (Age 6 -9 or Age 10 -17) that was administered to the youth as the Pre - Service Protective Factors Survey Questionnaire. The youth's age is calculated as of the date of registration or September 1st of the current fiscal year if the youth was registered in a previous fiscal year. Eligible (to respond to the Pre - Service Protective Factors Survey Questionnaire) — A 6 -17 year old Target Youth must be newly registered into the CYD Program during the current contract period. The youth's age is calculated as of the date of registration in the contract period assessed. Post - Service Protective Factors Survey Questionnaire --A tool identical to the Pre - Service Protective Factors Survey Questionnaire administered to the 6 -17 year old Target Youth following the receipt of services and designed to assess changes in the levels of the Target Youth's protective factors. Pre - Service Protective Factors Survey Questionnaire — A tool administered to the 6 -17 year old Target Youth prior to the receipt of services and designed to assess the levels of the Target Youth's protective factors. Protective Factors — Personal characteristics or environmental conditions that interact with risk factors to reduce the likelihood of problem behaviors. Subscale — Groups of questions on the Youth (age 10 -17) Protective Factor Survey Questionnaire indicative of one of five protective factors: Family Bonding /Communication; School Involvement; Individual Self- Esteem /Self- Efficacy; Positive Peer Association; Community Involvement. Target Youths — Youths through 17 years of age who live in and/or attend school in one of the designated ZIP Code areas or attend school at another eligible public middle or high school located outside of the designated ZIP Code area that has at least 30% enrollment from the designated ZIP Code area as determined by DFPS. Unduplicated Target Youth —A Target Youth with a unique client ID number who receives at least one service is only counted one time during the performance period. AGREEMENT TO EXTEND THE SUBCONTRACT WITH COMMUNITIES IN SCHOOLS, CORPUS CHRISTI, INC. Whereas, Communities in Schools submitted a proposal in response to City of Corpus Christi Request for Proposals for the Community Youth Development Program, RFP BI- 0134-11, which stated that the term of the contracts resulting are for a period of one - year with an option to extend for up to four additional one -year periods; Whereas, on August 30, 2011, the Corpus Christi City Council authorized a one -year Subcontract with Communities in Schools effective September 1, 2011, in the amount of $65,000, to provide services for youth ages 10 to 17 in the78415 zip code area, a copy of which is attached as Exhibit A ( "Subcontract "); Whereas, the parties desire to extend the Subcontract for one additional year term with the option to extend for one more additional year; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The parties agree to extend the contract period of the subcontract for one additional year, from September 1, 2012 through August 31, 2013. 2. Subcontractor Communities in Schools, Corpus Christi, Inc. agrees to comply with all terms and conditions of the Subcontract. 3. All other terms and conditions of the Subcontract remain in effect. 4. This agreement to extend the subcontract takes effect upon date of last signature. 5. The agreement may be extended for up to one additional one year term upon written agreement of the City Manager and authorized representative of Communities in Schools. Executed in triplicate, each of which is recognized as an original. Attest: Armando Chapa City Secretary City of Corpus Christi Ronald L. Olson City Manager CTOR: Com +' in Schools, Corpus Christi, Inc. oria Tay or Title: D ctor Date: gl AGREEMENT TO EXTEND THE SUBCONTRACT WITH SERCO OF TEXAS Whereas, SERCO of Texas submitted a proposal in response to City of Corpus Christi Request for Proposals for the Community Youth Development Program, RFP BI -0134- 11, which stated that the term of the contracts resulting are for a period of one -year with an option to extend for up to four additional one -year periods; Whereas, on August 30, 2011, the Corpus Christi City Council authorized a one -year Subcontract with SERCO of Texas effective September 1, 2011, in the amount of $85,000, to provide services for youth ages 10 to 17 in the78415 zip code area, a copy of which is attached as Exhibit A ( "Subcontract "); Whereas, the parties desire to extend the Subcontract for one additional year term with the option to extend for one more additional year; NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The parties agree to extend the contract period of the subcontract for one additional year, from September 1, 2012 through August 31, 2013. 2. Subcontractor SERCO of Texas agrees to comply with all terms and conditions of the Subcontract. 3. All other terms and conditions of the Subcontract remain in effect. 4. This agreement to extend the subcontract takes effect upon date of last signature. 5. The agreement may be extended for up to one additional one year term upon written agreement of the City Manager and authorized representative of SERCO of Texas. Executed in triplicate, each of which is recognized as an original. Attest: City of Corpus Christi Armando =Chaps Ronald L. Olson City Secretary City Manager SUBCONTRACTOR:. SERCO of Texas By: Name: ickie G. V- Idez Title: Vice - President Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: TO: August 2, 2012 Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM: Mike Culbertson (361) 882 -7448 mculbertson@ccredc.com An additional Type A Grant to Craft Training Center of the Coastal Bend for expansion of facilities. CAPTION: Approving a Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend ( "Craft Training Center ") to provide grant amount up to $750,000 for expansion of Craft's existing facility and authorizing the City Manager or designee to execute a Project Support Agreement with the Type A Board to administer the Craft Training Center Business Incentives Agreement and appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Type A Corporation to Craft Training Center for expansion of its facility; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $750,000. PURPOSE: Grant request from Craft Training Center for an amendment to their $1,750,000 grant for an additional $750,000 in funds to complete their expansion of their facilities. Amend the budget to increase the grant to Craft Training Center from $1,750,000 to $2,500,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund and to appropriate an additional $750,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development. BACKGROUND AND FINDINGS: On October 17, 2011 Craft Training Center requested a $2.5 million grant from the Type A Board for expansion of their facilities. The Board voted to give them $1.75 million but said that Craft could come back after they had begun construction for additional funding. In a letter dated July 11, 2012 Craft Training Center requested an additional $750,000 in funding to complete their facility. On July 12, 2012 Craft held their ground breaking for the new facility. They now estimate that the total cost will be $4.5 to $4.9 million to build and equip the expanded facility. They are asking for the $750,000 and the rest, $2.0 to $2.4 million, will be made up of industry partners' cash and in -kind donations. ALTERNATIVES: The Craft Training Center needs this additional funding to expand to the degree needed to increase their enrollment to increase the number of graduates needed to fill the positions that will become available. The jobs will be filled by employees coming from outside of the Corpus Christi area. OTHER CONSIDERATIONS: Craft's original request was for $2,500,000. Due to budget constraints in the Type A fund, the Board told Craft that they may come back to the Board for addition funding. CONFORMITY TO CITY POLICY: This project is in line with the City's stated goal of increasing training opportunities for local residents to obtain jobs in local industries. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Type A Board 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 RECOMMENDATION: Staff recommends approval of a grant for $1,750,000 for an expansion of training facilities for Craft Training Center help train students for work in area industries. LIST OF SUPPORTING DOCUMENTS: Business Incentive Agreement Ordinance Certification of Funds Page 1 of 2 Ordinance Approving a Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend ( "Craft Training Center ") to provide grant amount up to $750,000 for expansion of Craft's existing facility and authorizing the City Manager or designee to execute a Project Support Agreement with the Type A Board to administer the Craft Training Center Business Incentives Agreement and appropriating $750,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Type A Corporation to Craft Training Center for expansion of its facility; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $750,000. 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 Craft Training Center to expand their training facilities within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for Craft Training Center's expansion of their facilities between the Type A Corporation and Craft Training Center; WHEREAS, there is a need for a business incentives project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement for Craft Training Center's expansion of their facilities between the Type A Corporation and Craft Training Center. Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentives agreement for the creation and retention of jobs between the Type A Corporation and Craft Training Center that provides for the expansion of Craft Training Center's facilities within the City of Corpus Christi, which is attached to this ordinance 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 incentives agreement with Craft Training Center, which is attached to this ordinance as Exhibit B. 0017 2 ORDINANCECraftr8 -8 -12 Page 2 of 2 SECTION 3. 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 Craft Training Center for expansion of its facility. SECTION 4. That Ordinance No. 029565, which adopted the FY 2012 -2013 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 Craft Training Center for expansion of its facility. 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 0017 2 ORDINANCECraftr8 -8 -12 Joe Adame Mayor AMENDED BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND ASSOCIATED BUILDERS & CONTRACTORS MERIT SHOP TRAINING PROGRAM, INC. DBA CRAFT TRAINING CENTER OF THE COASTAL BEND FOR EXPANSION OF THEIR TRAINING FACILITY IN CORPUS CHRISTI This Business Incentive Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Associated Builders & Contractors Merit Shop Training Program, Inc., a Texas non- profit corporation, doing business as Craft Training Center of the Coastal Bend ("CTCCB"). 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, Section 504.002 et seq, ( "the Act "), 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 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the Texas Comptroller of Public Accounts, effective April 1, 2003, to be administered by the Corporation's Board of Directors ( "Board "); WHEREAS, the ordinance adopting the 118th cent sales tax specifically provided that the funds could be used to make grants to organizations to provide training, retraining, and education to ensure the knowledge and skills required for the jobs of the future are in place; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the City's residents; 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, Section 501.073 of the Texas Local Government Code requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, CTCCB was formed in 1988 in conjunction with industry partners as a place where area residents could get the skills required to qualify for work in local industrial companies; WHEREAS, CTCCB currently has an enrollment of over 400 students that are receiving training in an industrial curricula and conducts 1,500 assessments per year for employment at local industrial companies ; WHEREAS, CTCCB intends to expand its existing training program by adding the new training stations and new classes at its Corpus Christi location on Leopard Street ("Facility"), which will Page 1 of 9 CRAFT Craft Cr Amended BUS INCENTIVE AGREEMENT 7 -27 -12 allow it to increase their enrollment by up to 50% and train more students for employment in the local industries; WHEREAS, the Corporation originally approved a grant of $1,750,000 to CTCCB on October 17, 2011 and entered into a business incentive agreement with CTCCB, approved by the City Council by Resolution No. 029304 on December 6, 2011; WHEREAS, the Corporation approved an additional grant of $750,000 to CTCCB on July 23, 2012, increasing the total grant to CTCCB to $2,500,000; WHEREAS, the proposed grant from the Corporation will further CTCCB's mission of education and economic development; WHEREAS, the local industry produces meaningful, wealth producing jobs that bring in dollars from outside of the City into the City; and WHEREAS, CTCCB proposes to invest at east $3,500,000 over a two year period to increase and expand its training facility in the City; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and CTCCB 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. CTCCB shall expand its Facility to add additional training space in order to expand its existing programs and to develop new programs needed by local and regional employers. b. CTCCB shall invest at least $3,500,000 in the expansion of its Facility to be used for training students and CTCCB shall annually report its actual investments at the Facility and provide documentation to support its report to the Corporation. c. The Corporation will reimburse CTCCB for the costs incurred by CTCCB to expand and improve its Facility in the City, including the purchase of fixtures, furnishings, and instructional equipment. The amount reimbursed by the Corporation may not exceed $2,500,000. d. On the annual anniversary of the Effective Date of this Agreement, CTCCB shall report to the Corporation the total number of students enrolled and the total number of course graduates placed with area industry within the City and the industrial districts in jobs requiring training provided by CTCCB through their facilities on Leopard Street and the average starting annual salaries paid by each employer within Corpus Christi during the previous year. Page 2 of 9 CRAFT Craft Ctr Amended BUS INCENTIVE AGREEMENT 7-27-12 4. Job Training Qualification. a. In order to be eligible for funds for job training under this Agreement, CTCCB must commit in writing to create jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, 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 "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. 5. Utilization of Local Contractors and Suppliers. CTCCB agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. 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. CTCCB agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of CTCCB to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if CTCCB is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Warranties. CTCCB warrants and represents to the Corporation the following: a. CTCCB is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, and has all corporate power and authority to carry on its business as presently conducted in the City. b. CTCCB has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. CTCCB has timely filed and will timely file all local, state, and federal tax reports and returns required by law to be filed, and all taxes, 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. CTCCB has access to the Act, 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 CTCCB are duly authorized to execute this Agreement on behalf of CTCCB. f. CTCCB does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, CTCCB is convicted of a violation under §U.S.C. Section 1324a(f), CTCCB shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date CTCCB has been notified of the violation. Page 3 of 9 CRAFT Craft Ctr Amended BUS INCENTIVE AGREEMENT 7-27-12 7. Compliance with Laws. CTCCB shall observe and obey all applicable federal, state, and local laws, ordinances, regulations, and rules. 8. Non - Discrimination. CTCCB covenants and agrees that CTCCB 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 CTCCB 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 CTCCB 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. CTCCB 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 the City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. INDEMNIrf. TO THE EXTENT AUTHORIZED BY LAW, CTCCB COVENANTS TO FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CORPORATION, THE CITY, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS (INDEMNITEES”) AGAINST ALL LIABILITY, DAMAGE, LOSS, CLAIMS DEMANDS, AND ACTIONS OF ANY KIND ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITING THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND, WHICH ARSE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH CTCCB'S ACTIVITIES CONDUCTED UNDER OR INCIDENTAL TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF ANY OR ALL OF THE INDEMNITEES. CTCCB MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON THOSE CLAIMS AND DEMANDS WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM THE LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of CTCCB to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or the City determines that any representation or warranty on behalf of CTCCB 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.. Page 4 of 9 CRAFT Craft Ctr Amended BUS INCENTIVE AGREEMENT 7 -27 -12 c. Any judgment is assessed against CTCCB or any attachment or other levy against the property of CTCCB with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. CTCCB makes an assignment for the benefit of its creditors. e. CTCCB files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. The taxes owed by CTCCB become delinquent, and CTCCB fails to timely and properly follow the legal procedures for protest or contest, g. CTCCB changes the general character of its business as conducted as of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or the City determine that CTCCB is in default according to the terms of this Agreement, the Corporation or City shall notify CTCCB in writing of the event of default and provide sixty (60) days from the date of the notice (Cure Period") for CTCCB 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 CTCCB, as determined by the Board, the following actions must be taken for any default that remains uncured after the Cure Period. a. CTCCB shall immediately repay all funds paid by the Corporation under this Agreement. b. CTCCB shall pay the Corporation for the reasonable attorney fees and costs of court incurred by the Corporation to collect any amounts due under this Agreement. c. The Corporation shall have no further obligations to CTCCB 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 CTCCB's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time CTCCB is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to Page 5 of 9 CRAFT Craft Ctr Amended BUS INCENTIVE AGREEMENT 7-27-12 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 the Corporation may at any time avail itself of any rights or remedies or elect to terminate this Agreement on account of the default. 16. Limitation of Liability. CTCCB specifically agrees that the Corporation shall only be liable to CTCCB for the actual amount of the money grants to be conveyed to CTCCB, and shall not be liable to CTCCB for any actual or consequential damages, direct or indirect, interest, attorney fees, or costs of court for any act of default by the Corporation under the terms of this Agreement. Payment by the Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the term of this Agreement. The Corporation shall use its reasonable 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 the 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 the Corporation's customary and usual costs and expenses, as compared to each contracting party's grant amount for that year, and the Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, the Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from CTCCB to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent by United States certified mail, postage prepaid, addressed as follows: CTCCB: Craft Training Center of the Coastal end Attn: President 7433 Leopard Street Corpus Christi, Texas 78409 Corporation: City of Corpus Christi Business and Job Development Developmerit Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent to the City at the fo lowing address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 6 of 9 CRAFT Craft Ctr Amended BUS INCENTIVE AGREEMENT 7-27-12 c. Notice is effective upon deposit in the United States maU if sent in the manner provided above. 18. Incorporation of other documents. The 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 CTCCB 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. 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 the Corporation and CTCCB. 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 Sections 14.a and 14.b shall survive the termination of this Agreement. Page 7 of 9 CRAFT Craft Ctr Amended BUS INCENTIVE AGREEMENT 7-27-12 Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar President Armando Chapa Assistant Secretary Page 8 of 9 CRAFT Craft Ctr Amended BUS INCENTIVE AGREEMENT 7-27-12 Associated Builders & Contractors Merit Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend By: m,vt,/ Anne Matula President Date: 12— THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2012, by Anne Matula, as President of Associated Builders & Contract it Shop Training Program, Inc. dba Craft Training Center of the Coastal Bend, a Texas non-profit corporation, on behalf of said corporation. Notary Public State of Texas 14 MI/ SAAL • ^ . I " 06 \ / 6 2 ‘\\\\ Page 9 of 9 CRAFT Craft CtrArnended BUS INCENTIVE AGREEMENT 7-27-12 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 21, 2012 Action Item for the City Council Meeting of August 28, 2012 DATE: 08/14/2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 361- 886 -2603 Approve agreement with Flour Bluff ISD and appropriate revenue and expenditures for two additional school crossing guards CAPTION: Ordinance authorizing the City Manager or designee to execute an agreement with the Flour Bluff Independent School District to reimburse the City of Corpus Christi for the services of three additional School Crossing Guard positions during the school year 12/13 and for each subsequent school year; and appropriating $20,000 from Flour Bluff Independent School District for two additional school crossing guards, changing the FY2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $20,000 each. PURPOSE: Flour Bluff ISD has requested two additional school crossing guards and they will reimburse the City. BACKGROUND AND FINDINGS: In 92/93 the Flour Bluff ISD requested and the City authorized the services of an additional School Crossing Guard. These services have been reimbursed each year since. The FBISD has requested an additional two School Crossing Guards for a total of three which will be reimbursed. The district will be invoiced on a quarterly basis for actual hours worked, not to exceed an annual total of $30,000. This will cover the total cost for three School Crossing Guard positions. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Budget FINANCIAL IMPACT: Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 188,487.07 188,487.07 Encumbered / Expended Amount This item 20,000 20,000 BALANCE 208,487.07 208,487.07 Fund(s): General, Police Comments: The financial impact reflects only $20,000 increase as expenditure and revenue for one guard for FBISD is already included in the adopted budget. RECOMMENDATION: Approval of the agreement. LIST OF SUPPORTING DOCUMENTS: Agreement Ordinance authorizing the City Manager or designee to execute an agreement with the Flour Bluff Independent School District to reimburse the City of Corpus Christi for the services of three additional School Crossing Guard positions during the school year 12/13 and for each subsequent school year; and appropriating $20,000 from Flour Bluff Independent School District for two additional school crossing guards, changing the FY2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $20,000 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an agreement with the Flour Bluff Independent School District to reimburse the City of Corpus Christi for the services of three additional School Crossing Guard positions during the school year 12/13 and for each subsequent school year. SECTION 2. That $20,000 is appropriated from the Flour Bluff Independent School District, changing the FY2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $20,000 each. 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 Chris N. Adler Kelley Allen Larry Elizondo, Sr Priscilla G. Leal David Loeb John Marez Nelda Martinez Mark Scott 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 Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor THE STATE OF TEXAS § COUNTY OF NUECES § 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 (FBISD) for purposes of the Interlocal Cooperation Act, Texas Government Code Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, FBISD is authorized to do so, desires to engage and to pay for the services of three school crossing guards from the City. These school crossing guards are in addition to regular guards and /or services that are provided to the FBISD; WHEREAS, the City through the assistance, coordination and management of the Corpus Christi Police Department provides school crossing guards for local schools and is presently capable of providing three additional school crossing guards to FBISD. WHEREAS, FBISD retains the services of three school crossing guards from the City for a fee not to exceed a total of Thirty Thousand ($30,000.00) for the school year. NOW THEREFORE the City and FBISD in consideration of the mutual covenants contained herein agree as follows: 1. TERM. This agreement shall be for a period from the beginning of the regular school year in August, 2012 to the end of the regular school year in May, 2013. 2. SERVICES. The City of Corpus Christi shall provide three school crossing guards for the regular FBISD school year to assist pedestrians in the crossing of public roadways while going to and coming from school in the Flour Bluff area. 3. COMPENSATION. The City will be responsible for invoicing FBISD for the services rendered on a quarterly basis, beginning on December 1, 2012 and continuing on March 1, 2013 and June 1, 2013. The invoices will be for actual hours worked and shall not exceed a total of Thirty Thousand ($30,000.00) for the school year. Said rate may change if the position receives a cost of living increase during the contractual period, and FBISD agrees to said increase, if any. FBISD will be responsible for reimbursing the City for said invoice within 30 days of receipt of said invoice. Said services are to be paid from current revenues available to FBISD. 4. RENEWAL AND TERMINATION. This agreement shall be made renewable at the beginning of each school year unless written notice not to renew is given to the other party by July 15th of each year. This agreement may be terminated by either party at any time, without cause, upon no less than thirty (30) days written notice to the other party. 5. ASSIGNMENT. Neither this agreement nor any duties or obligations hereunder shall be assignable by the City without the prior written consent of the FBISD: 6. EQUAL OPPORTUNITY. Services shall be provided by the City in compliance with the Civil Rights Act of 1964. The City will not discriminate against any employee, applicant for employment, or client because of race, religion, color, sex, national origin, age, or' handicapped condition, and will ensure that employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. 7. GOVERNING LAW. The validity of this agreement and of any of its terms or provisions as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas and venue lies exclusively in Nueces County, Texas. FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT Dr. J Carbajal Superintendent Date: 7/3//).a. ATTEST Armando Chapa City Secretary Date: CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Approved as to legal form: , 2012 Buck Brice Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: August 28,2012 Agenda Item: Ordinance authorizing the City Manager or designee to execute an agreement with the Flour Bluff Independent School District to reimburse the City of Corpus Christi for the services of three additional School Crossing Guard positions during the school year 12/13 and for each subsequent school year; and appropriating $20,000 from Flour Bluff Independent School District for two additional school crossing guards, changing the FY2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $20,000 each. Amount Required: $ 20,000 Fund Name Account No. Fund No. Org. No. Project No. Amount Police General 510000 1020 11850 00000 $20,000 Total $20,000 ❑ Certification Not Required Director of Financial Services Date: Print on Green Pape AGENDA MEMORANDUM Future Item for the City Council Meeting of 8/21/2012 Action Item for the City Council Meeting of 8/28/2012 DATE: TO: FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; 826 -3729 August 24, 2012 Ronald L. Olson, City Manager Approval of Professional Services Contract for the Barge Dock Elevation — Phase 1 Project CAPTION: Ordinance transferring and appropriating $350,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CIP Fund for the Barge Dock Elevation Phase 1 Project; authorizing the City Manager or designee to execute a Professional Services Contract with RVE, Inc. of Corpus Christi, Texas in the amount of $309,870.00 for the Barge Dock Elevation Phase 1 Project. PURPOSE: To award the professional services contract for the Barge Dock Elevation — Phase 1 project. BACKGROUND AND FINDINGS: Original construction of the Barge Dock was completed in 1941, concurrently with the seawall system. Rehabilitation to the Barge Dock ramp was completed in 1983. The last comprehensive inspection and evaluation of the concrete seawall system was completed in 1999. The 1999 evaluation did not include a detailed inspection of the seawall barge dock area and adjoining sloped seawall section. Recent visual observations of this remaining section of the seawall reveal potential structural distress. The U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) is preparing updated and revised Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This effort will provide updated Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for Nueces County, including the City of Corpus Christi. This update is part of FEMA's Risk Mapping, Assessment, and Planning (Risk MAP) and reflects FEMA policy revisions that address future storm surge criteria developed for Post Hurricane Katrina and Hurricane Ike assessment. In particular, FEMA's assessment methodologies of and criteria for storm surge analysis and wave run -up along coastal structures and levee systems have changed. Therefore, a more detailed forensic assessment of the barge dock and the adjacent sloped C:AProgram Files \ Granicus \Legistar5\ Packet \970City Council 8282012 \00191Memo - Barge Dock. docx seawall is required prior to pursuing the full scope of improvements as identified in the 2012 Capital Improvement Program. An investigation and analysis of the current condition of the barge dock to estimate the fitness of the overall structure to perform as originally designed, per current engineering standards and FEMA approved modeling methods using FEMA - proposed wave run -up data is proposed. This project also provides for collaboration with Barge Dock Stakeholders to determine if the Barge Dock should continue to function as designed, or if additional uses should be considered. Opinions of anticipated construction costs for potential alternatives will be developed for future Type A Board and City Council consideration. This professional services contract was approved by the Corpus Christi Business and Job Development Corporation on July 16, 2012 to be recommended to the City Council. ALTERNATIVES: 1. Award the contract to RVE, Inc. as outlined herein. 2. Do not award the contract. OTHER CONSIDERATIONS: Project schedule includes completion of detailed forensic assessment in August 2013 and completion of conceptual planning to determine future function of Barge Dock in March 2014. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process and the FY2012 -2013 Capital Budget and conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Type A Board FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,700,000.00 $8,700,000.00 Encumbered / Expended Amount This item $309,870.00 $309,870.00 Future Expenditures $7,997,500.00 $7,997,500.00 BALANCE $392.630.00 $392,630.00 Fund(s): Seawall Systems CIP 3271 C:AProgram Files \ Granicus \Legistar5\ Packet \970_City Council _8_28_2012 \0019_1_Memo - Barge Dock. docx Comments: Geotechnical and forensic testing services will also be required to complete this project and the scope and costs associated with these services will be determined as part of this project with subsequent presentation to the Type A Board for consideration. Future costs associated with design and construction of Barge Dock improvements will be determined pending the results of this assessment with subsequent presentation to the Type A for consideration. This project is pending funding approval by the City Council and will require close coordination with the City's Type A Board and the City Council. RECOMMENDATION: City Staff recommends the contract be awarded to RVE, Inc. of Corpus Christi, Texas, in the amount of $309,870.00 for the Barge Dock Elevation Project Phase 1. LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Location Map Ordinance C:AProgram Files \ Granicus \Legistar5\ Packet \970_City Council _8_28_2012 \0019_1_Memo - Barge Dock. docx PROJECT BUDGET Barge Dock Elevation - Phase 1 Project No. 3426 August 21, 2012 FUNDS AVAILABLE: Seawall Systems CIP Fund (Current Authorization) $ 350,000.00 Seawall Systems CIP Fund (Future Authorization) $ 8,350,000.00 TOTAL AVAILABLE: $ 8,700,000.00 FUNDS REQUIRED: Construction (Estimated) $ 6,750,000.00 Contingencies (10 %) $ 675,000.00 Consultant Fees: Engineering Consultant (RVE, Inc.) $ 309,870.00 Testing Agreement (Estimated Geotechnical & Forensic Testing) $ 100,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 168,750.00 Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt) $ 168,750.00 Finance Reimbursements $ 101,250.00 Misc. (Printing, Advertising, etc.) $ 33,750.00 TOTAL $ 8,307,370.00 ESTIMATED PROJECT BUDGET BALANCE $ 392,630.00 File : \Mproject \councilexhibits \exh3426.dwg PROJECT SITE CONVENTION CENTER HUGHES MULTI- PURPOSE ARENA PROJECT #3426 PALO ALTO Vf VICINITY MAP NOT TO SCALE BARGE DOCK ELEVATION - PHASE 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance transferring and appropriating $350,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A CIP Fund for the Barge Dock Elevation Phase 1 Project; authorizing the City Manager or designee to execute a Professional Services Contract with RVE, Inc. of Corpus Christi, Texas in the amount of $309,870.00 for the Barge Dock Elevation Phase 1 Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $350,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund is transferred to and appropriated in the No. 3271 Seawall Type A CIP Fund for the Barge Dock Elevation Phase 1 Project. SECTION 2. The City Manager or designee is authorized to execute a Professional Services Contract with RVE, Inc. of Corpus Christi, Texas in the amount of $309,870.00 for the Barge Dock Elevation Phase 1 Project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0019_4_Ordinance - Barge Dock Joe Adame Mayor 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 John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kelly Allen 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 Larry Elizondo, Sr. Mark Scott Kelly Allen David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary 0019_4_Ordinance - Barge Dock Joe Adame Mayor 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 RVc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A /E), hereby agree as follows: 1. SCOPE OF PROJECT (Barge Dock Improvements: Project #3426) The Barge Dock Investigation includes project management, research and review of record drawings and information, topographic and bathymetric survey, geotechnical and concrete testing and analysis, void survey, timber pile evaluation, bulkhead and tie back evaluation, storm sewer condition observations, and underwater storm sewer outfall observations of the barge dock and rear sloped seawall from the north end of the stepped seawall where it meets the south end of the barge dock, to the north end of the barge dock where it meets the Art Museum. As an option, the City may also elect to include a wave loading analysis, and structural stability analysis to determine the structural condition of the barge dock and seawall after the initial investigation. The investigation and analysis will estimate the fitness of the overall structure to perform as originally designed, per current engineering standards and FEMA approved modeling methods, from wave height data developed by URS for the recently published Draft FIRM Map 320 G update. The Barge Dock Definition includes meetings with Barge Dock Stakeholders and City Staff, and engineering analysis to determine if the Barge Dock should continue to function as designed, or if additional uses, or a different use or uses are needed. The result of this project would determine what, if any, improvements are needed, what those improvements would look like, and a rough order of magnitude of the improvement costs. The first step would be meetings with Stakeholders, in addition to applicable City departments, to develop a project definition. These Stakeholders would likely include the Type A Board, Port of Corpus Christi, RTA, American Bank Center, Downtown Development District, Art Museum and others as determined by City Staff. These meetings would identify the wants and needs of the various groups. Using that information a written project program with conceptual drawings would be developed for presentation to the Stakeholders for review and comment. The plan would then be presented to Council for concept approval. The concept and drawings would finally be refined based on Stakeholder and Council comments, a rough order of magnitude of costs would be developed, and a final presentation made to Council for approval and authorization to proceed with design. The Barge Dock Design Project scope and budget has not been defined and will be included by addendum, if funded. CONTRACT FOR ENGINEERING (AIE) SERVICES Page 1 of 4 K:SEngineering gataExchange \ClarisseSiCily Facilities\3426 . Barge Dock \Professional Services ConlracME Contracl.docx 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform investigations, develop a use definition and a rough order of magnitude of costs, and design services necessary to prepare reports and recommendations, 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. Exhibit "A -1" provides supplemental description of services to Exhibit "A" and does not intended to supersede services described in Exhibit "A ". Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE 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 AIE 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 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 AIE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. MANDATORY REQUIREMENTS NE agrees to the mandatory contract and insurance requirements as set forth in Exhibit "B". CONTRACT FOR ENGINEERING (AIE) SERVICES Page 2 of 4 K LEngineering DalaExchange \ClarissaJlCity Facilitias13426 - Barge Dock4Professional Services Contracl4AE Conlracidocx lv 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized. 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 A/E 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 NE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. HDR Engineering Inc. is approved to assist with the Barge Dock investigation. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E 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. CONTRACT FOR ENGINEERING (A/E) SERVICES Page 3 of 4 K:SEngineering DalaExchangelClarisseJ \City Facililies43426 - Barge OockSProfessional Services Contrachf4E Contracl.docx cr, 10. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by an insurance company acceptable to the City. The Consultant further 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 ". 11. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C ". CITY OF CORPUS CHRISTI 1 1 0-1-I Z, Oscar Martinez, P.E. Date Patrick i Veteto, P.E. Date Assistant City Manager 820 Buffalo Street RECOMMENDED Daniel Biles, P.E. Date Director of Engineering Services ATTEST Armando Chapa, City Secretary Corpus Christi, TX 78401 (361) 887 -8851 Office (361) 887 -8855 Fax APPROVED AS TO FUNDING ONLY ENTERED AUG 012012 Office of Mgmt & Budget Date CONTRACT MANAGERS' CONTRACT FOR ENGINEERING (A/E) SERVICES Page 4of4 K:SEngineering DateExchangeTlarisseACily Facilities13426 - Barge Dock4Prolessionel Services ConlracME Conlracl.docx EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS Barge Dock Improvements: Project #3426 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. Preliminary Phase. The ArchitectlEngineer -A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations to the City. Coordinate all required services with the. Geotech Lab. ( The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of four (4) formal meeting(s) with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Engineering Letter Report, with executive summary, opinion of probable construction costs, defined technical evaluations of identified feasible alternatives and review with City staff to produce an acceptable format. The Engineering Letter Report will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) for clarification and definition of intent and execution of the Project; The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and probable Project design solutions (which are common to municipalities). EXHIBIT "A" Page 1 of 11 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with pertinent agencies such as RTA, CCISD, and TDLR. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well- defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the A/E and Sub - consultant Engineers have checked and reviewed the Engineering Letter Report prior to submission. 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. (AIE to coordinate with City Operating Department.) g. Provide applicable Master Plans. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a. Study, verify, and implement Engineering Letter Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. EXHIBIT "A" Page 2 of 11 c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) copy of the pre -final plans and bid documents to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the pre -final plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the pre -final and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. h. Provide construction traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, as directed by the City Traffic Engineering Department. i. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. j. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. EXHIBIT "A" Page 3 of 11 k. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. I. Provide Storm Water Best Management Practices Recommendations (Contractor will be required to provide a Storm Water Pollution Prevention Plan). The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the professional services contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the A/E will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange end pay for printing of all 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) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer'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. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. EXHIBIT "A" Page 4 of 11 c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation . or continuous monitoring of the progress of construction. f. Assist the City in the preparation of change orders as authorized. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Prepare applications /estimates for payments to contractor. c. Conduct the final acceptance inspection with the Engineer. d. Prepare change orders as required. e. Provide construction observation services unless these additional services are authorized for the consultant to perform. 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 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 will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT Permits /Amendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit /Amendments f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments EXHIBIT "A" Page 5 of 11 g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k, United States Environmental Protection Agency (USEPA) I. Texas Department of License and Regulation (TDLR ) 2. Right -of -Way (ROW) Acquisition Survey. The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW parcel drawings and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform to the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. The City will provide title commitments for each parcel to be acquired and will be used as the basis for the A/E's deed research. PLATTING IS NOT INCLUDED. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform to the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Subsurface Utility Engineering (S.U.E.). Upon receiving authorization from the City to proceed, conduct hydro - excavation, pneumatic excavation, or probing, with or without water jet assistance, to identify underground utilities of record. The process will conform to subsurface utility engineering in accordance with ASCE Standard C- 1, 38 -02. 5. Public Meeting. Assist City in preparing exhibits and conducting three (3) public meetings. 6. Environmental Issues. a. Provide environmental site evaluations and Archeology Reports that are needed for the Project. b. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 7. Construction Observation Services (Duration TBD). 1. Provide a project representative (PR) to provide periodic construction observation. EXHIBIT "A" Page 6 of 11 A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3, Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, NE's clarifications and interpretations of the EXHIBIT "A" Page 7 of 11 Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Investigation Project includes project management, research and review of record drawings and information, topographic and bathymetric survey, geotechnical and concrete testing and analysis, void survey, timber pile evaluation, bulkhead and tie back evaluation, storm sewer condition observations, and underwater storm sewer outfall observations of the barge dock and rear sloped seawall from the north end of the stepped seawall where it meets the south end of the barge dock, to the north end of the barge dock where it meets the Art Museum. As an option, the City may also elect to include a wave loading analysis, and structural stability analysis to determine the structural condition of the barge dock and seawall after the initial investigation. The investigation and analysis will estimate the fitness of the overall structure to perform as originally designed, per current engineering standards and FEMA approved modeling methods, from wave height data developed by URS for the recently published Draft FIRM Map 320 G update. 10. Definition Project. The Barge Dock Definition includes meetings with Barge Dock EXHIBIT "A" Page 8 of 11 Stakeholders and City Staff, and engineering analysis to determine if the Barge Dock should continue to function as designed, or if additional uses, or a different use or uses are needed. The result of this project would determine what, if any, improvements are needed, what those improvements would look like, and a rough order of magnitude of improvement costs. The first step would be meetings with Stakeholders, in addition to applicable City departments, to develop a project definition. These Stakeholders would likely include the Type A Board, Port of Corpus Christi, RTA, American Bank Center, Downtown Development District, Art Museum and others as determined by City Staff. These meetings would identify the wants and needs of the various groups. Using that information a written project program with conceptual drawings would be developed for presentation to the Stakeholders for review and comment. The plan would then be presented to Council for concept approval. The concept and drawings would then be refined based on Stakeholder and Council comments, a preliminary opinion of probable costs would be developed, and a final presentation made to Council for approval and authorization to proceed with design. 11. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List. 2. SCHEDULE ACTIVITY DATE Barge Dock Elevation Project #3426 Begin Investigation Project Upon Receipt of Notice to Proceed Submit Investigation Report Six (6) Months from Completion of All Forensic Tests Begin Definition Project Upon Receipt of Notice to Proceed Submit Definition Report Six (6) Months from Notice to Proceed Begin Design Project TBD Submit Final PS &E TBD Pre -Bid Conference TBD Project Bid Date TBD Begin Construction TBD Complete Construction TBD 3. FEES A. Fee for Basic Services. The City will pay the A/E 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 I.A.1 -4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be pro -rated based EXHIBIT "A" Page 9 of 11 upon the estimated construction duration shown in Section 1.B.7.above. Services required beyond the estimated construction duration are subject to additional fees to be determined. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the AIE a not -to- exceed fee as per the table below: Summary of Fees Barge Dock Project No. 3426 Fee for Basic Services 1. Preliminary Phase TBD . 2. Design Phase TBD 3. Bid Phase TBD 4. Construction Phase TBD Subtotal Basic Services Fees TBD Fee for Additional Services (Allowance) 1. Permitting a. USAGE Permit TBD b. GLO Easement TBD c. LSLS Survey TBD d. TDLR Registration TBD e. Other TBD Subtotal Fee for Permitting TBD 2. ROW Acquisition Survey TBD 3. Topographic Survey TBD 4. Subsurface Utility Engineering (SUE) TBD 5. Public Meetings (3 Meetings) TBD 6. Environmental Issues TBD 7. Construction Observation Services (Duration TBD) TBD 8. Warranty Phase TBD 9. Project Investigation a. Project Management (Authorized) $13,620 $12,180^ b. Topographic and Bathymetric Surveys (Authorized) c. Geotechnical and Concrete Testing (Authorized) $ 7,210 d. Seawall Void Survey (Authorized) $15,930 e. Timber Pile Assessment (Authorized) $33,370 f. Bulkhead and Tie Back Assessment (Authorized) $31,690 g. Storm Sewer Cleaning and Video (Authorized) $ 5,920 - h. Storm Water Outfall UIW Inspection (Authorized) $ 8,080' EXHIBIT "A" Page 10 of 11 i. Wave Loading Analysis $73,780 j. Structural Stability Analysis $28,260 k. Comprehensive Report of Findings (Authorized) $18,560 $248,600- Subtotal Fee for Project Investigation 10. Project Definition a. Initial Meeting with Staff $990 b. Develop Initial Project Program $11,180 c. Initial Meeting with Stakeholders $11,760 d. Revise Program and Meet with Staff $6,860 e. Revise and Prepare Concept Drawings and ROM $12,040 f. Meet with Staff to Review Concept and ROM $1,440 g. Present Concept and ROM to Stakeholders $4,240 h. Revise Concept and ROM $3,740 i. Council Presentation $3,100 j. Final Concept, ROM and Report $5,920 Subtotal for Project Definition $61,270 Subtotal Additional Services (Allowance) $309,870 $309,870- Total Fee EXHIBIT "A" Page 11 of 11 EXHIBIT A -1 CITY OF CORPUS CHRISTI Barge Dock Improvements: Project #3426 TASK LIST GENERAL The Barge Dock Improvements initially includes only two Additional Service Components, but no Basic Services; (1) Barge Dock Investigation to determine the existing condition and fitness for continued use as originally designed, and (2) Barge Dock Definition to determine if the Barge Dock should continue to' function as designed, or if additional uses, or a different use or uses are needed. The Barge Dock Improvements may lead to a Design Project requiring Basic Serves and other Additional Services for design of improvements as needed to meet the requirements for the desired barge dock function determined as a result of the Barge Dock Definition. A scope and budget has not yet been established and will be included by addendum, if approved and funded. Monthly progress reports shall be prepared for submittal to the City and submitted by the last Wednesday of each month. BASIC SERVICES TASK LIST Preliminary Phase Engineering Letter Report Preparation of the Engineering Letter Report will be in two parts; a Preliminary Engineering Letter Report and Final Engineering Letter Report. The Preliminary Engineering Letter Report will be used as the basis for all regulatory permitting, easement applications and ROW acquisitions, if necessary. After all permits and easements have been coordinated with the regulatory agencies, the Preliminary Engineering Letter Report will be revised to comply with the permit and easement requirements and the Final Engineering Letter Report will be issued. The Final Engineering Letter Report will be used as the basis for final design and ROW acquisition, if necessary. A. Prepare Preliminary Engineering Letter Report 1. Attend a project kick off meeting and prepare meeting minutes. 2. Collect data needed for the Preliminary Engineering Letter Report: • ROW Information of Record from City; EXHIBIT "A -1" Page. 1 of 10 • Utility Information of Record from City; • Construction Plans of Record from City; • Conventional Surveys (Additional Services); • S.U.E. Surveys (Additional Services); • Environmental Surveys, if necessary (Additional Services); • Geotechnical Investigation (Direct Contract with City). 3. Review and analyze data. 4. Prepare a Preliminary Engineering Letter Report including: a. Data collected; b. Analysis of the data; c. Preliminary design calculations; d. Preliminary plans and sections; e. Preliminary landscaping and architectural features plan; f. Lighting and electrical upgrades plan; g. Storm water system upgrades/realignments; h. Barge Dock fill and structural upgrade alternatives; i. Water and wastewater utility upgrades/realignments; j. Permit requirements, and k. Preliminary opinion of probable costs. The Preliminary Engineering Letter Report will include a recommended plan of action within the project budget. 5. Submit one (1) hard copy and one (1) electronic copy of the Preliminary Engineering Letter Report. 6. Meet and review Preliminary Engineering Letter Report with City Staff. 7. Obtain approval to prepare the Final Engineering Letter Report. 8. Permit Applications (Additional Services). 9. Services do not include EA or EIS. 1 d. Submit one (1) hard copy and one (1) electronic copy of all applications 11. Meet and review Applications with City Staff. 12. Revise Applications per City Staff comments and submit Applications to the appropriate Regulatory Agency. 13. Respond to comments and meet with Regulatory and Resource Agencies as needed. EXHIBIT "A -1" Page 2 of 10 14. Meet with City Staff to review final permit and easement requirements. 15.Obtain Approval to prepare the Final Engineering Letter Report. B. Prepare Final Engineering Letter Report 1. Revise the Preliminary Engineering Letter Report per final permit and easement requirements. The Final Engineering Letter Report will become the basis for final design. 2. Submit one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report and Preliminary Drawings. 3. Meet and review Final Engineering Letter Report and Preliminary Drawings with City Staff. 4. Obtain approval to proceed with the Design Phase. Design Phase A. Develop construction drawings in English units in 22" x 34 B. Retain the services of an ADA Specialist subconsultant (Additional Services). C. Prepare opinion of probable construction costs including contingency amounts. D. Prepare Contract Documents with City standard contracts and specifications. E. Provide Quality Assurance /Quality Control (QA/QC) pre -final review and prepare submittal for City's review depicting pre -final development of the contract documents and construction drawings. F. Address comments received from the City from the pre -final submittal. G. Provide Quality Assurance /Quality Control (QA/QC) final review and submit one (1) hard copy and one (1) electronic copy of the final contract documents and construction drawings to the City for bidding process. H. Update the Opinion of Probable Costs. EXHIBIT "A-1" Page 3 of 10 Bid Phase Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Construction Phase Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. ADDITIONAL SERVICES (Subject to Authorization) 1. PERMITTING. TBD 2. ROW ACQUISITION SURVEY. TBD. 3, TOPOGRAPHIC SURVEY. TBD Initial Surveys will be done as part of the Barge Dock Investigation. 4, S.U.E. Conduct hydro - excavation, pneumatic excavation, or probing, with or without water jet assistance, to identify underground utilities shown on record drawings, and/or identified by surface evidence discovered with the topographic survey. The process will conform to subsurface utility engineering in accordance with ASCE Standard C -I, 38 -02, and shall be in accordance with Section 1.e of Basic Services in Exhibit "A. Add findings to existing conditions drawing. 5. PUBLIC MEETING (maximum of 3 Meetings) • Prepare Exhibits and Handouts • Attend and Participate (City Staff will lead the meeting) • Prepare Meeting Minutes 6. ENVIRONMENTAL SURVEY — TBD 7. CONSTRUCTION OBSERVATION (Duration TBD) • Provide construction observation services described below and in Exhibit 'A' Section 1.B.7, as authorized by the City. • Conduct daily site visits to the project site during construction. • Prepare daily reports and coordinate site visits with RVE office staff. • Coordinate with City staff during construction. EXHIBIT "A -1" Page 4 of 10 • Coordinate construction activities with materials testing lab. WARRANTY PHASE As described in Exhibit 'A' Section 1.B.8. 9. BARGE DOCK INVESTIGATION The Barge Dock Investigation includes project management, research and review of record drawings and information, topographic and bathymetric survey, geotechnical and concrete testing and analysis, void survey, timber pile evaluation, bulkhead and tie back evaluation, storm sewer condition observations, and underwater storm sewer outfall observations of the barge dock and rear sloped seawall from the north end of the stepped seawall where it meets the south end of the barge dock, to the north end of the barge dock where it meets the Art Museum. As an option, the City may also elect to include a wave loading analysis, and structural stability analysis to determine the structural condition of the barge dock and seawall after the initial investigation. The investigation and analysis will estimate the fitness of the overall structure to perform as originally designed, per current engineering standards and FEMA approved modeling methods, from wave height data developed by URS for the recently published Draft FIRM Map 320 G update. Tasks Performed By Consultant: Project Management Develop Project Objective Identify Primary Tasks Prepare Scope, Schedule and Budget Overall Coordination and Meetings with City Staff Topographic and Hydrographic Survey Dock, Seawall, Ramp, and Sidewalk on Land Extend Beyond Sunfish Island Breakwater on Water Show Locations of Geotechnical Borings, Grab Samples and Other Tests Geotchnica! and Concrete Testing and Analysis Field and office investigation to determine locations of tests Recommend concrete sampling intervals and frequencies Recommend concrete sampling techniques Prepare plan map of testing locations with narrative Assist City in contracting with testing firm Coordinate activities of testing firm Review and assess testing results EXHIBIT "A -1" Page 5 of 10 Seawall Void Survey Develop Drilling Program Drill Concrete and Joints at Various Locations Measure Depth of Voids with Probe Fill Drill Holes Report Timber Pile Inspection Field and Office Investigation to Determine Test Locations Prepare Exhibits for Inspection Locations Prepare Specifications for Concrete Removal Prepare Specifications for Trench Safety Prepare Specifications for Determining Pile Length Develop Inspection Program /JOC Contract Documents Assist City with JOC Coordination Prepare Specifications for Repair of Inspection Locations Perform Visual Inspection and Testing Prepare Drawings of Inspection and Test Results Prepare Report of Findings Bulkhead and Tie Back Inspection Field and Office Investigation to Determine Test Locations Prepare Exhibits for Inspection Locations Prepare Specifications for Removal of Dock Panels Prepare Specifications for Materials Testing Prepare JOC Documents Assist City with JOC Coordination Prepare RFP for Geotechnical and Testing Work Assist City with Geotechnical and Testing Coordination Perform Visual and Physical Measurements Prepare Drawings of Inspection and Testing Results Report Storm Sewer Inspection Field and Office Investigation to Determine Scope of Inspection Prepare Exhibits for RFP Prepare Specifications for Cleaning and Inspection Assist City with Coordination of Inspection Firm Review Inspection Results Underwater Inspection (Storm Outfalls Only) Develop Inspection Program Underwater Inspection Report EXHIBIT "A_1 "s Page 6 of 10 Wave Load Analysis (Option if Elected by City) Wave modeling will be performed to approximate wave conditions at the project site under exposure from a storm having pre - defined still water level ( "surge ") and wind speed associated with a 100 -year return period storm. The modeling will be performed in two phases. The first phase will calculate wave generation and transformation over a larger area to develop input for a second, smaller -scale (Phase 2) model that will calculate interaction of waves with the existing and proposed improvements. In both modeling phases, the surge will be based on the FEMA Flood Insurance Study (FIS) for the City of Corpus Christi (1992 revision) and the wind speed will be based on Vickery et al. (2000) as developed for the ASCE -7 wind codes. Results from the Phase 2 model will be utilized to calculate associated wave loads on vertical and sloped walls. Analysis will model waves and provide estimates of wave pressures, overtopping, and toe scour for different combinations of storm surge and wind speed.. Activities related to FEMA zone reclassification, adjacent impact analysis, structural "certification," etc. would not be not included; however, the results could be applied to FEMA studies if needed. Structural Stability Analysis (Option if Elected By City) Based on the data and information collected during the field investigation, an analysis will be performed to estimate the capacity of the existing structure. This will include the upper wall (timber support piling, concrete caps and revetment paving) and the lower barge dock bulkhead (wall, tie -backs and anchor wall). Engineering opinions regarding the ability and feasibility to repair, upgrade or replace will be provided. Conceptual repair options or opinions of costs will not be generated in this phase of the work. Comprehensive Report Prepare a comprehensive report of methods and findings. Report will include appendices with all supporting reports, field data, observations and calculations. Tasks Coordinated By Consultant and Performed By City: Geotchnical and Concrete Testing and Analysis Soil Borings Landward and Seaward Bottom Sample Sieve Analysis (for Wave Analysis) Pile Design Data /Recommendations Paving Design Data /Recommendations Concrete Cores Compression Testing Concrete Petrographic Analysis EXHIBIT "A_l" Page 7 of 10 Report of Finding and Recommendations Timber Pile Inspection Remove Sidewalk /Seawall as Indicated By Void Survey Install "Trench" Safety Perform Pile Removal to Determine Length if Needed Perform Pile Soundings to Determine Length if Needed Perform Seawall Component Testing if Needed Fill Voids and Repair Sidewalk /Seawall Bulkhead and Tie Back Inspection Remove Sidewalk and Fill Under Seawall For Timber Pile Inspection Replace Fill and Sidewalk After Inspections Remove Paving and Dock Panels for Bulkhead and Tie Back Inspection Test Bulkhead and Tie Back Components if Needed Replace Paving Storm Sewer Inspection Clean Storm Sewer Pipes Camera Inspection Report of Findings 10. BARGE DOCK DEFINITION The Barge Dock Definition includes meetings with Barge Dock Stakeholders and City Staff, and engineering analysis to determine if the Barge Dock should continue to function as designed, or if additional uses, or a different use or uses are needed. The result of this project would determine what, if any, improvements are needed, what those improvements would look like, and a rough order of magnitude of improvement costs. The first step would be meetings with Stakeholders, in addition to applicable City departments, to develop a project definition. These Stakeholders would likely include the Type A Board, Port of Corpus Christi, RTA, American Bank Center, Downtown Development District, Art Museum and others as determined by City Staff. These meetings would identify the wants and needs of the various groups. Using that information a written project program with conceptual drawings would be developed for presentation to the Stakeholders for review and comment. The plan would then be presented to Council for concept approval. The concept and drawings would finally be refined based on Stakeholder and Council comments, a rough order of magnitude of costs would be developed, and a final presentation made to Council for approval and authorization to proceed with design. Tasks Performed By Consultant EXHIBIT "A -1" Page 8 of 10 Initial Meeting with City Staff: Conduct one meeting with appropriate City Staff members, as determined by the Director of Engineering Services. Develop Initial Project Program: Develop an initial written project program and concept drawing based on City Staff input. The initial program and concept drawing will be used as exhibits for subsequent meetings with other Stakeholders. Meetings with Stakeholders: Conduct up to three separate meetings with Stakeholders, as determined by the Director of Engineering Services. The meeting attendees, schedule, invitations, and venues will be provided by the City. RVE will provide a mounted concept drawing exhibit and original drawing and project program hand outs. City will make copies of the hand outs for the meeting attendees. RVE, Inc. will conduct the meeting and prepare meeting minutes of each meeting. Revise Project Program and Meet With Staff: Using the information gathered at the Stakeholder meetings, RVE will revise the written project program and meet with City Staff to review the revised program. Staff will direct RVE as to which items to include and exclude from consideration in the project program. RVE will revise the program per Staff comments. Develop Project Concept and ROM and Meet With Staff: Using the revised program, RVE will prepare a revised project concept drawing(s) and Rough Order of Magnitude (ROM) project costs. RVE will meet with City Staff to review the concept drawing(s), program and ROM. Stakeholder Presentation: Conduct one joint meeting with all Stakeholders to present the concept drawing(s), program and ROM. The meeting attendees, schedule, invitations, and venue will be provided by the City. RVE will provide a mounted concept drawing exhibit and concept drawing(s), project program and ROM for hand outs. City will make copies of the hand outs for the meeting attendees. RVE, Inc. will conduct the meeting and prepare meeting minutes of the meeting. Revise Project Concept and ROM: City Staff will direct RVE as to which Stakeholder comments to include in a final project program for Council consideration. RVE will prepare a revised program, project concept drawing(s) and ROM. RVE will meet with City Staff to review the concept drawing(s), program and ROM. Council Presentation: RVE will present the program, concept drawing(s) and ROM to the Council. RVE will include Stakeholder comments in the presentation. EXHIBIT "A-1" Page 9 of 10 Final Project Concept, Rough Order of Magnitude of Costs, and Report: RVE will prepare a final program, project concept drawing(s) and ROM for inclusion in a final report. RVE will meet with City Staff to review the final report, If Council decides to proceed with the project, RVE will work with the Director of Engineering Services to develop a scope and engineering budget for the required Design Project services. Provided By City: Attendee list and invitations to Stakeholder meetings Stakeholder meeting venue Stakeholder meeting hand outs Program Development Direction EXHIBIT ,,A -1 "" Page 10 of 10 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 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 K,1Enginsering DalaExchange\ClarissaJ\Cily Facilities 13426 - Barge Dock4Professional Services Contrecl \LARGE Al EXHIBIT B.00T 2010_DOCX EXHIBIT `B" Pale 1 of 3 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 -VI1. 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. K:SEngineering OataExchenge5ClarissaJSCity Facilitkes53426 - Barge Dock\Protessional Services Con1racl4LARGE AE EXHIBIT B -OCT 2010.DOCX EXHIBIT "B" Page 2 of 3 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. EXHIBIT ` Page 3 of 3 K4Engineering DalaExchange4ClarissaJ\Cily Facililies13426 - Barge DocklProfessional Services ConlracllLARGE AE EXHIBIT B -OCT 2010,DOCX • SUPPLIER NUMBER TO URCHAASINO DIVISIIONI Y Ray of 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: RVE, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation 4. Association 2, Partnership . 8 S. Other 3. Sole Owner 0 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 Air 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 Pat Veteto trees amtenanee Inance ommtttee 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 hes an "ownership interest" constituting VA or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "C" Pa•e1 oft 1 EXHIBIT "C"1 FILING REQUIREMENTS If a person who requests official action on a mailer knows taint 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 recttcsted to act in the hotter, unless the interest oI 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 td)] CERTIFICATION I certil' y 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. 1'exas as changes occur. Certifying Person: Patrick D. Vete .E. mile or Pram) Sigtiniure of Certifying Pergola:, Title: President DEFINITIONS Dale: a. "t3onrd member." A member of nny 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 substantin] segment thereof. C. "Employee." Any person employed by the City oI' Corpus Christi. Texas either on a full or pan - 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 product 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 trentcd as non - profit organizations. e. "Official.r"fhe Mayor, members of the City Council. City ,Manager. Deputy City Manager, Assistant City Managers, Department and Division I-leads. 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." "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. g. z 0 ' 0 15 o• a C CO Invoice Date: 0 O 0 C • 0 o_ ,0 > e 0 E > ac • 0 v N O z E 0 z E +4+ O Basic Services: C n/a I C C C C C C 0 O 0% I n/a 0% 0 0 0% I C •0 0 0% $0 $0 $0 so 0 $0 $01 0 o o 0 0 0 0 I0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 o° 0 0 0 0 0 co 0 0 6g 0 69 00 0 0 ° 0 0 69 0 00 0 0 0 0 0 0 0� 248,600 0 0 248,600 0 0 0 61,270 0 0 61,270 0 0 0 0 a ° 0 0 ° 0 TBD TBD TBD TBD TBD TBD 0 TBD TBD TBD TBD TBD TBD TBD 0 0 °�- 0 CO 0 co 0 E9 ° 0 CO 0) 0 co 69 0 63 0o0 to ° 69- 0 0 69 ° 00 0 °° 0 I... CO 0 co 0 ° 0 00 o 0 co 0 69 69 0 00 0 co 0 69 ° 0 co 0) O c) 69 Preliminary Phase O co O cu a co cc o CL 0 'N) a 0 00 CC 0 Subtotal Basic Services Additional Services: Project Definition Subtotal Additional Services N 0 LL O E N Basic Services Fees Exhibit "D" Page 1 of 1 w N co s a 1 c 0 64.7o ca au w V 0 0 4u co m City Council Presentation August 21, 2012 N cn Project Schedule dV ?NW 83J Nvr 030 AO N 100 1d3S onv inr Nnr /WIN dV ?NW 83J Nvr 030 AO N 100 1d3S onv Future Design Phase schedule pending results of assessment phase. w OA V w • 0 CI. 11 FUNDS AVAILABLE: O 0 0 0 O O 0 0 0 0 0 0 0 O 0 0 0 0 1` 0 '0 U) LC) f- 0 O O O O 0 00 O N. ti N ti CO ci 0 0 0 0 1.6 CA ci. C) CO Ch f-- M lo U) 0 to N- 0 0 CO CO 0 CO O CC) CO CO 1. N- CO CO .- r — — CO N to Ef} to E& Ef)- to Ef} Ef} d9 Ea 0. EA- CO (Current Authorization) LL O U U J w E o u) C1) CU a) J C� C .o > >a wow �(/)a t5-w CO al --I c R3 CIO I-- Z C c a)a)O moo v) v) I— u 0 0 c 0 0 L LL Consultant Fees: Misc. (Printing, Advertising, etc.) Eft ESTIMATED PROJECT BUDGET BALANCE AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 28, 2012 Second Reading for the City Council Meeting of September 11, 2012 DATE: August 6, 2012 TO: FROM: Ronald L. Olson, City Manager Pete Anaya, P.E., Director of Planning and Environmental Services petean @cctexas.com 361- 826 -3781 Urban Transportation Plan Amendment- Northwest Area Proposed Collector Street Amendment to Designate County Road 52 from an A -2 Arterial to an A -1 Arterial between US 77 and Callicoatte Road CAPTION: Public Hearing to consider an Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by re- designating County Road 52 from an A -2 Arterial (100 -foot right -of -way, four lanes, and a median) to an A -1 Arterial (95 -foot right -of -way, four lanes, and a continuous left turn lane) between U.S. Hwy. 77 and Callicoatte Road; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: A property owner has requested that the City consider changing the Urban Transportation Plan by re- designating of County Road 52 from an A -2 Arterial (100 foot right -of -way, with 4 lanes and a median) to an A -1 Arterial (95 foot right -of -way, with 4 lanes and a continuous left turn lane) between US 77 and Callicoatte Road. See the Exhibit map in the attached Ordinance. BACKGROUND AND FINDINGS: Approximately 500 feet of County Road 52 has been built without a median and prior to designation on the Urban Transportation Plan as an A -2 Arterial with a median. The portion of the roadway proposed for re- designation is approximately 1 mile in length. The property owner of land that abuts the proposed extension of the street has proposed a light industrial development. Existing land uses in the area include a car dealership, an auto sales lot, a mobile home subdivision, vacant land and a large drainage ditch between the proposed development and an existing single family subdivision. The purpose of County Road 52 on the plan is to provide an alternative route between Calallen and Tuloso Midway areas. The vision for the roadway is to have an attractive boulevard that will connect the Calallen and Tuloso Midway neighborhoods. A roadway with a median (A -2, Arterial) can provide better traffic flow and limit left turn movements to enhance traffic safety. However, where the future development is expected to involve truck movement, a street with a continuous left turn lane provides more storage space for truck turning movements. In general, staff has not apposed re- designation of roadways where it appears the future development trend will involve significant truck movement. ALTERNATIVES: Denial of the Amendment to Urban Transportation Plan. OTHER CONSIDERATIONS: The Future Land Use Plan was reviewed by staff and no changes are necessary. This portion of County Road 52 is not in the 2012 Bond Program. CONFORMITY TO CITY POLICY: The roadway alignment on the attached development plan conforms to the roadway alignment on the City's adopted Urban Transportation Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: City Traffic Engineer's recommendation: Approval. Transportation Advisory Committee recommendation: Approval on June 25, 2012. Planning Commission recommendation: Approval on July 18, 2012. 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 re- designation of County Road 52 extended, between US 77 and Callicoatte Road, from an A -2 Arterial Roadway with a median to an A -1 Arterial Roadway with a continuous left turn lane. (See Exhibit in the attached Ordinance) LIST OF SUPPORTING DOCUMENTS: Planning Commission Unofficial Minutes 7 -18 -2012 Ordinance Powerpoint Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by re- designating County Road 52 from an A -2 Arterial (100 -foot right -of- way, four lanes, and a median) to an A -1 Arterial (95 -foot right -of- way, four lanes, and a continuous left turn lane) between U.S. Hwy. 77 and Callicoatte Road; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Transportation Advisory Committee and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission public hearing was held on Wednesday July 18, 2012 regarding amendments to the Urban Transportation Plan, during which all interested persons were allowed to appear and be heard; and WHEREAS, City Council public hearing was held on Tuesday August 28, 2012 regarding amendments to the Urban Transportation Plan, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Corpus Christi Urban Transportation Plan, an element of the Compre- hensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan "), is amended by re- designating County Road 52 from an A -2 Arterial (100 -foot right -of -way, four lanes, and a median) to an A -1 Arterial (95 -foot right -of -way, four lanes, and a continuous left turn lane) between U.S. Hwy. 77 and Callicoatte Road, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. Section 2. To the extent the amendments made by this ordinance represent a devia- tion from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. Section 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. Section 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. Section 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, 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, clause, phrase, word, or provision of this ordinance. Section 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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 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 Exhibit A County Road 52 - A-2 Arterial Proposed to be an A -1 Arterial US 77 Callicoatte Road "UNOFFICIAL EXCERPT" CITY OF CORPUS CHRISTI PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS 1201 LEOPARD STREET JULY 18, 2012 5:30 P.M. IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: C. AMENDMENTS TO THE URBAN TRANSPORTATION PLAN 1. Classification of County Road 52 Mr. Robert Payne, Planning and Environmental Services Department, addressed the Commission. Mr. Payne stated the amendment was initiated because a property owner requested the City to amend the Urban Transportation Plan by re- designating County Road 52 from an A -2 Arterial with a100 foot right -of -way with four (4) lanes and a median to an A -1 Arterial with a 95 foot right -of -way with four (4) lanes and a continuous left -turn lane between U.S. Highway 77 and Callicoatte Road. Mr. Payne stated that approximately 500 feet of County Road was built without a median and prior to the adoption of the A -2 Arterial designation. Mr. Payne continued the portion of the road proposed for re- designation is approximately one mile in length. The property owner abutting the proposed extension of the street is proposing development of his land for heavy commercial with light industrial uses. Existing land uses in the area include a car dealership, an auto sales lot, a mobile home subdivision, vacant land and a large drainage ditch between his proposed development and an existing single - family subdivision. Mr. Payne stated the subject roadway was in the Northwest Area Development Plan and the road will remain as an arterial as there has been some rezoning of light industrial uses in the area. Mr. Payne continued that once the road was fully constructed, its purpose will be to provide an alternative to U.S. Highway 77 and Hearn Road for connectivity between the Calallen and Tuloso Midway areas. Mr. Payne continued the vision for the road was to have it as an attractive boulevard that would connect both neighborhoods. Mr. Payne stated that an A -2 Arterial roadway with a median provides better traffic flow and limits left -turn movements to enhance traffic safety. Mr. Payne continued that where the future development involves truck movement, a street with a continuous left turn lane will provide more storage space for truck turning movements. Unofficial Excerpt Planning Commission Meeting July 18, 2012 Page 2 Mr. Payne stated the proposed re- designation of County Road 52 was presented to the Traffic Advisory Board at their June 25, 2012 meeting and the Board approved the amendment. Commissioner Castillo asked if Charlie Cardenas, City Traffic Engineer, had commented on Staff's recommendation and Mr. Payne answered that he verbally discussed the re- designation with him. Commissioner Castillo continued that Mr. Cardenas was asked the same question and he did not have a response. After Mr. Payne's presentation concluded, the public hearing was opened. Charles Massey, 3680 U.S. Highway 77, addressed the Commission. Mr. Massey stated that in 2005, the City built the first 450 feet of County Road 52. Mr. Massey continued that Jennings Chevrolet contributed $75,000.00 to the project. Mr. Massey stated the estimated cost was $300,000 to build the first 250 feet. Mr. Massey stated having to put the median in the roadway restricts the gooseneck from being able to execute the turn onto County Road 52. Mr. Massey stated the re- designation of the roadway would be a positive step and he encouraged the Commission to approve the amendment. After all comments and discussion concluded, the public hearing was closed. Chairman Garza called for a motion. A motion to approve amending the Urban Transportation Plan to re- designate County Road 52 from an A -2 Arterial Roadway with a median to an A -1 Arterial Roadway with a continuous left -turn lane between U.S. Highway 77 and Callicoate Road was made by Commission Tamez and seconded by Commissioner Nadkarni. Motion passed with Commissioner Kelly absent. •a LLI id !III III i1) 1 Avalg 11,.. I: II =9 9 .11..:47 i.5••ral HS-13M V v a BVX21 1.1.91dH3 lindki0* 011 .s3llkl3d01141 66303V NOIS1 Aladfl Et 863 V Ad V NIINI13thl flj L E.. J.., ••• :.6 /174:1 .c: 2 Existing Land Use I = -.—. z rr::..- ,..._ ,_ . - .„ .._ ;1-751 4--,... 1:t:' i f) FLI .- CI 1 a .---, L.;._ :: z - ii‘ -.--.1 !!----, - r.--. ,Dr., rt''. .— 11) _. -0— = 4--. LJI rTr• 1.__. 1.1., Fr'i = ,—i iiI ..=. -, — EL W . - - =I 1 id L L MOM Future Land J L11 LL -n cB ,•a L Lo a+ • = cI 7 C_I u f r r c1) � `1 � .1 _ , - �- - , -0 �1 ►� a) L L - 4�� 1 `` z 7' �- , t al T __C(.7 ' Ll z) z-, -� �) 1 ' ��� (LJ 1 --� � Ll 1 -L ,� -, L.) _ �Zl _� �--, 0 1- ZLn ` -, % / 1— ll LL --- ,, ,--e i cf, .....,_, _-, x.1 _L_ _L1 `� i .1 i LL} -< </) 111 a i id , zrl — _1., _t , 0 '‘.5") ' H- 1---1 ail CO L., a) _,_., ,..._, --c., 0 a) LL, 0 0 0 0 1 0 id al • �Zl •a LLI AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 28, 2012 Second Reading for the City Council Meeting of September 11, 2012 DATE: August 6, 2012 TO: FROM: Ronald L. Olson, City Manager Pete Anaya, P.E., Director of Planning and Environmental Services petean @cctexas.com 361- 826 -3781 Urban Transportation Plan Amendment — Northwest Area Proposed Collector Street Amendments to Consolidate Two Proposed Collectors into a Single Collector CAPTION: Public Hearing to consider an Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by consolidation of two north -south collector streets into a single collector street generally located midpoint between County Road 69 and U.S. Hwy. 77; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: A property owner has requested that the City consider changing the Urban Transportation Plan by removing a proposed C -1 (60 foot right -of -way, with two travel lanes) collector street located approximately 1,000 feet west of and parallel with US 77. See the Exhibit map in the attached Ordinance. BACKGROUND AND FINDINGS: There are two north -south C -1 collector streets proposed on the City's Urban Transportation Plan between County Road 69 and US 77. The two collector streets were added to the Urban Transportation Plan in 2001 when the Northwest Area Development Plan was adopted. The purpose of the two collector streets is to provide a grid system in conjunction with the existing east -west roadways in the area. The collector nearest to US 77 is intended to provide a relief route when full development occurs along the freeway frontage roads. The two collectors are spaced approximately 1,000 feet (0.18 mile) apart which is closer than the City standard of to %2 mile apart for collector roadways identified in the adopted Urban Transportation Plan. Since 2001, there has not been any dedication of right -of -way for either collector roadway as there have not been any final plats approved that directly abut the proposed collectors. Consolidating the collector system into a single north -south collector would meet the City standard for collector spacing of to %2 mile apart. Centering a single collector approximately midpoint between County Road 69 and US 77 would result in a spacing falling between the 1/4 to %2 mile standard. ALTERNATIVES: Denial of the Amendment to the Urban Transportation Plan. OTHER CONSIDERATIONS: The Future Land Use Plan was reviewed by staff and no changes are necessary. CONFORMITY TO CITY POLICY: Consistent with the Urban Transportation Plan standard on collector street spacing of to %2 mile for collector roadways. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: City Traffic Engineer's recommendation: Approval. Transportation Advisory Committee recommendation: Approval on June 25, 2012. Planning Commission recommendation: Approval on July 18, 2012. 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 consolidating the two north -south collectors between County Road 69 and US 77 into a single C -1, 60 foot right -of -way collector located approximately midpoint between the two major roadways (See Exhibit in the attached Ordinance). LIST OF SUPPORTING DOCUMENTS: Planning Commission Unofficial Minutes 7 -18 -2012 Ordinance Powerpoint Ordinance amending the Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, by consolidation of two north -south collector streets into a single collector street generally located midpoint between County Road 69 and U.S. Hwy. 77; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Transportation Advisory Committee and Planning Commission have forwarded to the City Council their recommendations concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, the Planning Commission held a public hearing on Wednesday July 18, 2012, regarding amendments to the Urban Transportation Plan, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council held a public hearing on Tuesday August 28, 2012 regarding amendments to the Urban Transportation Plan, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve the public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Corpus Christi Urban Transportation Plan, an element of the Compre- hensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan "), is amended by consolidating two proposed north -south collector streets located parallel to and between County Road 69 and U.S. Hwy. 77 into a single collector, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. Section 2. To the extent the amendments made by this ordinance represent a devia- tion from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. Section 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. Section 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. Section 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, 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, clause, phrase, word, or provision of this ordinance. Section 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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 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 Exhibit A County Road 69 New Collector Street Location Delete Proposed Collectors Delete Proposed Collectors 1 1 1 1 1 1 1 1 1 1 1 v No 1 1 'r- 1 New Collector Street Location Delete Proposed Collectors 1 1 New Collector Street Location Delete Proposed Collectors "UNOFFICIAL EXCERPT" CITY OF CORPUS CHRISTI PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS 1201 LEOPARD STREET JULY 18, 2012 5:30 P.M. IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: C. AMENDMENTS TO THE URBAN TRANSPORTATION PLAN 2. Realignment of Proposed Collector Roads located west of U. S. Highway 77 and north of County Road 48 Mr. Payne stated this amendment was initiated because a property owner has requested the City amend the Urban Transportation Plan by removing a proposed C -1 Collector street with a 60 -foot right -of -way with two travel lanes located approximately 1,000 feet west of and parallel with U.S. Highway 77. Mr. Payne that when the Northwest Area Development Plan was adopted in 2001, there were two north -south C- 1 collector streets proposed on the City's Urban Transportation Plan. The purpose of the two collector streets was to provide a grid system in conjunction with the existing east -west roadways in the area. The collector closest to U.S. Highway 77 was intended to provide a relief route when full development occurs along the freeway frontage roads. Mr. Payne continued that since 2001, there has not been any dedication of right - of -way for either roadway because there have not been any approved final plats that directly abutted the proposed collectors. Consolidating the collector system into a single north -south collector would meet the City's standard for collector spacing of one - fourth (1/4) to one -half (1/2) mile apart. Mr. Payne stated the proposed realignment of the collector roads was presented to the Traffic Advisory Board at their June 25, 2012 meeting and the Board approved the amendment. After Mr. Payne's presentation concluded, the floor was opened for discussion and comments from the Commission. Vice Chairman Huerta asked what was the distance of the proposed collector street between the adjacent major roadways (US 77 and CR 69) and Mr. Payne answered the distance was about 2,000 feet, but the distance did not exceed one -half (1/2) mile. After final discussion and comments concluded, the public hearing was opened with no one coming forward in favor or in opposition and the public hearing was closed. Chairman Garza called for a motion. A motion to approve amending the Urban Transportation Plan to consolidate two north -south collectors into a single C -1, 60 foot right -of -way collector between County Road 69 and U.S. Highway 77 located approximately midpoint between the two major roadways was made by Vice Chairman Unofficial Excerpt Planning Commission Meeting July 18, 2012 Page 2 Huerta and seconded by Commissioner Nadkarni. Motion passed with Commissioner Kelly absent. id !III III L 11 i ill -/•■■1 a) . , _Z-1 Z7) W :L., t) a) New Collector Street Location Northwest Blvd. County Road 69 County Road 52 _ ilNew Collector Street Location 1 1 1 1 1 al 1 County Road 48 -C--), LL, «i - _' `i� �L' _ _ _; -L--, 0 ' I 0 a) a) L.--_-) � -� ,.., a) _i_, _,_., -zi) ---1__i ;-,., --L___ i a) Z.l 1 ttl L -1--, T. ll) _L 7 a) �=) a) =, c) —fro a) , a-, o '1 z L. —1— `- f 1 tt lr i, J i , � Lie _ ) pit _� t) «t - a i i _ L, 1 ) ,--, e ‘—_, -0 a) 1_, _-,7_, o a) -L___, a) — -c_.__, I 0 _-,=-2,. c) a, L1. !III 4 ill AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: August 9, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(a cctexas.com 886 -2604 Accepting and appropriating the 2013 Selective Traffic Enforcement Program grant from TXDOT CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $60,528.90 for the 2013 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $68,842.11, for a total project cost of $129,371.01 and appropriating $60,528.90 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2013. The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $51,242.11 for salaries and fringe benefits and $17,600 for mileage. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $68,842.11 $68,842.11 Encumbered / Expended Amount This item $60,528.90 $60,528.90 BALANCE $129,371.01 $129,371.01 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $60,528.90 for the 2013 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed Enforcement, with a city match of $68,842.11, for a total project cost of $129,371.01; and appropriating $60,528.90 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $60,528.90 for the 2013 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $68,842.11, for a total project cost of $129,371.01; SECTION 2. That $60,528.90 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for Driving While Intoxicated and Speed Enforcement across the City. 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 Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr 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 Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: August 24, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Fred Segundo, Director of Aviation freds @cctexas.com, (361) 289 -0171 Approval of Construction Contract for Corpus Christi International Airport Runway 17 -35 Extension/ Displacement and Connecting Taxiway Project CAPTION: Ordinance accepting and appropriating $16,345,505.00 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 049 -2012 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 Extension Displacement and Associated Taxiways and Runway 13/31 Connecting Taxiways Project; changing the FY2012 -2013 Capital Budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $5,545,505.00 each; authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi in the amount of $12,841,419.06 for Base Bid Plus Additive Alternates 1, 2 and 3 for the Runway 17/35 Extension /Displacement and Connecting Taxiway Project. PURPOSE: To accept and appropriate a Federal Aviation Administration (FAA) Grant and award the construction contract. BACKGROUND AND FINDINGS: This project is located at the Corpus Christi International Airport and addresses safety issues resulting from potential runway incursion incidents. A Taxiway Utilization and Redevelopment Plan recommended the proposed airfield reconfiguration projects for Runway 17 -35 and Runway 13 -31 to improve the safety of the airfield movement areas where the majority of runway incursions have occurred (the south end of the airfield where Runways 13 -31 and 17 -35 are coupled). This project consists of extending Runway 17 and Taxiway Alpha by 600 feet to the north and displacing the threshold of Runway 35 by 600 feet to the north. Included in the project is the construction of two new connecting taxiways connecting the new runway thresholds to the parallel taxiway to the west and the construction of a run -up area on the north end of Taxiway Alpha. Runway extension and taxiways will be bituminous (asphaltic concrete) pavement, matching the existing runway and taxiway paving on the airport. As a result of the runway threshold relocations, additional lighting and signage will be installed and all navigation aids will be appropriately relocated. The Distance -To -Go signs will also be replaced. A new Medium Intensity Approach Lighting System with Runway Alignment Lights (MALSR) will be installed to serve the approach end of Runway 17, replacing the existing Omni - Directional Approach Lighting System (ODALS). This MALSR will cross State Highway 44 and will include construction in the highway right -of -way. All taxiway lighting and signage serving Runway 17 -35 will be converted to LED. Lastly, Runway 17 -35 and all taxiways serving Runway 17 -35 will be seal coated and marked including the enhanced taxiway centerline markings and hold positions lines and signs. The Additive Alternates include: Additive Alternate No. 1 is comprised of the construction of four new connecting taxiways connecting Runway 17 -35 and the terminal parking apron to Taxiway Alpha. The new taxiway configuration was also recommended by the Taxiway Utilization and Redevelopment Plan. This work will include the removal of four existing connecting taxiways and extensive grading and drainage improvements of the infield area serving Runway 17 -35. As a result of the new locations of these connecting taxiways, new LED lighting and signage will be installed. All new connecting taxiway paving will be seal coated and marked including the enhanced taxiway centerline markings and hold positions lines and signs. Additive Alternate No. 2 is comprised of the reconstruction of the North General Aviation Apron from asphaltic concrete paving to Portland Cement Concrete (PCC) paving. The existing bituminous paving section of the entire apron will be removed to the bottom of the existing base and replaced with a new PCC paving section. Additive Alternate No. 3 is comprised of the construction of drainage improvements along Pinson Road and its associated drainage shed. Existing failed drainage culverts will be removed and replaced, new culverts installed and all ditches re- graded to improve the drainage efficiency of the area. Additive Alternate No. 4 is comprised of installing an FAA furnished MALSR serving Runway 17 in lieu of relocating the MALSR serving Runway 35 to Runway 17 as included in the Base Bid. It is not yet certain that an FAA furnished MALSR will be available for this project. Additive Alternate No. 5 is comprised of relocating the existing Distance Measuring Equipment (DME) in lieu of installing an FAA furnished DME as included in the Base Bid. It is not yet certain that an FAA furnished DME will be available for this project. On July 25, 2012, the City received proposals from two (2) bidders and their bids are as follows: Berry Contracting, LP DBA Bay Ltd. Corpus Christi, Texas HAAS — Anderson Construction Corpus Christi, Texas Base Bid $ 8,073,515.21 $ 8,142,166.75 Additive Alternate No. 1 $ 3,410,993.17 $ 3,878,625.26 Additive Alternate No. 2 $ 1,059,427.18 $ 1,020,480.10 Additive Alternate No. 3 $ 297,483.50 $ 248,652.51 Additive Alternate No. 4 $ (9,066.40) $ (1,644.80) Additive Alternate No. 5 $ 0.00 $ (2,657.00) Total Base Bid plus Additive Alternates 1 thru 5 $12,832,352.66 $13,285,622.82 ALTERNATIVES: 1. Do not award the contract (not recommended) 2. Award contract as proposed for the Base Bid plus Additive Alts. 1, 2, and 3. (Recommended) 3. Award contract for the Base Bid plus Any combination of Additive Alternates. OTHER CONSIDERATIONS: City Staff will be coming back to City Council with the next month for an amendment to KSA's contract for construction management, inspection and testing as per Federal Aviation Administration (FAA) requirements. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; Bond Issue 2008; FY 2012 -2013 Capital Budget. EMERGENCY / NON - EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 566,000.00 12,000,000.00 12,566,000.00 Additional Project Match 1,179,576.38 1,179,576.38 Additional Grant Appropriation 5,545,505.00 5,545,505.00 TOTAL: $18,725,081.38 $19,291,081.38 Encumbered / Expended Amount 566,000.00 566,000.00 This item $12,841,419.06 $12,841,419.06 Future Anticipated Expenses This Project 3, 962, 591.24 3, 962, 591.24 BALANCE $1,921,071.08 $1,921,071.08 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026) Comments: The construction contract will be paid out of an FAA grant and a grant match. RECOMMENDATION: City Staff recommends accepting and appropriating $16,345,505.00 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 049 -2012 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 Extension Displacement and Associated Taxiways and Runway 13/31 Connecting Taxiways Project; changing the FY2012 -2013 Capital Budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $5,545,505.00 each; city staff also recommends authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi in the amount of $12,841,419.06 for Base Bid Plus Additive Alternates 1, 2 and 3 for the Runway 17/35 Extension /Displacement and Connecting Taxiway Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance PowerPoint Presentation PROJECT BUDGET Runway 17/35 Connecting Taxiways Project Project No. E11046, E11122, E11123 August 28, 2012 FUNDS AVAILABLE: Amount FAA Grant $ 16,345,505.00 Airport CIP Reserves (match) $ 2,379,576.38 TOTAL AVAILABLE: $ 18,725,081.38 FUNDS REQUIRED: Construction (Bay LTD) $ 12,841,419.06 Contingencies (10 %) $ 1,284,141.91 Consultant Fees: Consultant - Design (KSA Engineers, Inc.)* $779,550.00 Consultant - Construction Mgmt & Inspection, (KSA Engineers, Inc.) Est. $820,000.00 Consultant - Testing (KSA Engineers, Inc. / Rock Engineering) $150,000.00 Consultant - Grade Control (KSA Engineers, Inc. / LNV Engineering) $30,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $ 321,035.48 Engineering Services (Project Mgt) $ 321,035.48 Finance Reimbursements $ 192,621.29 Misc. (Printing, Advertising, etc.) $ 64,207.10 TOTAL ESTIMATED GRANT BUDGET BALANCE *Task Order No. 3 approved by City Council on May 17, 2011. $ 16,804,010.30 $ 1,921,071.08 File : \ Mproject \councilexhibits \exhE11046.dwg F . 624 _MU ECES Kay ROAD 6�Sh�� - C6aOneL CORPUS C3- CRIS77 Bbl/ CC McGL01N RD. PROJECT LOCATION CC LOCATION MAP NOT TO SCALE CORPUS CHRISTI INTERNATIONAL AIRPORTS PROJECT # E11046 SITE PLAN NOT TO SCALE CONTRACT AMENDMENTS No. 5 INFIELD TAXIWAY CONNECTORS /RUNWAY 17 -35 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Page 1 of 2 Ordinance accepting and appropriating $16,345,505.00 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 049 -2012 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 Extension Displacement and Associated Taxiways and Runway 13/31 Connecting Taxiways Project; changing the FY2012 -2013 Capital Budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $5,545,505.00 each; authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi in the amount of $12,841,419.06 for Base Bid Plus Additive Alternates 1, 2 and 3 for the Runway 17/35 Extension /Displacement and Connecting Taxiway Project. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $16,345,505.00 is accepted from the Federal Aviation Administration Grant No. 3 -48- 0051 - 049 -2012. Section 2. An amount of $16,345,505.00 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 049 -2012 is appropriated in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 Extension Displacement and Associated Taxiways and Runway 13/31 Connecting Taxiways Project. Section 3. The FY2012 -2013 Capital Budget adopted by Ordinance No. 029565 is changed by increasing revenues and expenditures by $5,545,505.00 each. Section 4. The City Manager or designee is authorized to execute a construction contract with Bay, Ltd. in the amount of $12,841,419.06 for Base Bid Plus Additive Alternates 1, 2 and 3 for the Runway 17/35 Extension /Displacement and Connecting Taxiway Project. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor 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, Sr. Mark Scott 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 David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla G. Leal PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Joe Adame Mayor nternationa Presentation 0 August 28, 2012 1 1- LT.1 1 .3" Ell n .o ti) 0 2cnow U) E co CD 0 a) .c c). 9 M -1 0 N N -1 0 N 0 N 0' M a al a a M a N a 5 r-1 a M a Construction Construction schedule for Runway 17-35 Extension Project Jar e lmo 0 e lmo V V • 0 CI. FUNDS "'AVAILABLE $16,345,505.00 c 0 2, 379, 576.38 Airport CIP Reserves (Match) 18,725,081.38 TOTAL AVAILABLE FUNDS REQUIRED: $12,841,419.06 Construction (Bay LTD) 1,284,141.91 Contingencies (10 %) Consultant Fees: $779, 550.00 Consultant - Design (KSA Engineers Inc.)* 820.000.00 Consultant - Construction Mgmt & Inspection (KSA) Est. 0 0 0 O O 0 Testing (KSA Engineers, Inc./ Rock Engineering ) 0 0 0 0 0 0 CO EA- Consultant / Grade Control (KSA / LNV) CO CO CO CO- CO EA- Reimbursements 16,804,010.30 J 0 $1,921,071.08 Estimated Project Budget Balance *Task Order #3 approved by City Council May 17, 2011. AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: TO: FROM: August 17, 2012 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS(cr�, cctexas. com 289.0171 ext.1213 Acceptance and appropriation of a Small Community Air Service Development Program grant in the amount of $300,000 to help Corpus Christi International Airport improve community air service through a marketing campaign. CAPTION: Authorizing the City Manager or designee to execute all documents necessary to accept Small Community Air Service Development Program from the United States Department of Transportation (USDOT) in the amount of $300,000 and appropriating $300,000 from the United States Department of Transportation Small Community Air Service Development Program in the No. 1055 Airport Grants Fund for a marketing campaign to educate travelers on benefits of local air service at Corpus Christi International Airport. PURPOSE: Acceptance and appropriation of the USDOT Grant will fund various strategic initiatives directed at improving air service at Corpus Christi International Airport (CCIA). BACKGROUND AND FINDINGS: The Corpus Christi International Airport has been awarded a $300,000 grant by the U.S. Department of Transportation. The grant award is part of a program designed to help small airports improve the air service they can offer their customers. Corpus Christi International Airport will be required to contribute $20,000 in expenditures and $20,000 in In -kind Services over a 2 -year period. The $20,000 has been budgeted in the FY 2012 -13 Airport Operating Budget. The grant proposal submitted by Corpus Christi International Airport lays out a two year Marketing plan designed to: • Market and promote the air service currently offered • Reduce the leakage of Coastal Bend residents to other competing airports • Increase enplanements at Corpus Christi International Airport • Ultimately improve air service • Address the issue of higher than average airfare for customers flying out of Corpus Christi. Corpus Christi International Airport is one of 34 communities in 25 states that will benefit from the Small Community Air Service Development Program. The grant award order notes that CCIA was selected to receive the grant in part because of its' higher than average airfare and because of its relatively isolated geographic location. ALTERNATIVES: The only alternative would be an effort to fund the marketing / air service initiative entirely from Airport funds. The level of funding required for an effective initiative currently exceeds available resources. Airport staff is of the opinion that the USDOT development grant will have a positive impact on local air service. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Department of Aviation Business Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 0 $0 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $300,000 0 $300,000 BALANCE $0 $300,000 0 $300,000 Fund: 1055 Airport Grants Fund RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of the funds to support the Airport's air service marketing plan. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Award Notice Page 1 of 2 Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept Small Community Air Service Development Program from the United States Department of Transportation (USDOT) in the amount of $300,000 and appropriating $300,000 from the United States Department of Transportation Small Community Air Service Development Program in the No. 1055 Airport Grants Fund for a marketing campaign to educate travelers on benefits of local air service at Corpus Christi International Airport. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute all documents necessary to accept $300,000 from the Small Community Air Service Development Program of the United States Department of Transportation in the amount of $300,000. SECTION 2. That $300,000 from the United States Department of Transportation Small Community Air Service Development Program is appropriated in the No. 1055 Airport Grants Fund for a marketing campaign to educate travelers on benefits of local air service at Corpus Christi International Airport. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary 0025_2_Ord- approp -DOT Grant 8 -17 -12 non - emergency 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 0025_2_Ord- approp -DOT Grant 8 -17 -12 non - emergency Joe Adame Mayor GRANT AWARD AND AGREEMENT BETWEEN THE U.S. DEPARTMENT OF TRANSPORTATION AND CORPUS CHRISTI INTERNATIONAL AIRPORT, ACTING FOR THE COMMUNITY OF CORPUS CHRISTI, TEXAS, UNDER THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM WHEREAS, Corpus Christi International Airport (hereinafter referred to as the Sponsor), on behalf of the community of Corpus Christi, Texas, has applied for a Grant under the Small Community Air Service Development Program; now THEREFORE, the U.S. Department of Transportation (DOT), acting for the UNITED STATES, presents this Grant Award and Agreement (Grant Agreement) to the Sponsor for a grant of up to $300,000 to assist in the Sponsor's efforts to address the air service needs of the community. Unless otherwise defined in this Grant Agreement, capitalized terms shall have the meanings assigned to such terms in Section E hereof. THIS GRANT AWARD AND AGREEMENT IS MADE ON AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: A. GENERAL CONDITIONS 1. The maximum obligation of the United States payable under this Grant Agreement shall be $300,000. 2. Payment of the United States' share of the Total Project Cash Costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as DOT may prescribe, including, without limitation, 49 CFR Part 18. Final determination of the United States' share may be based upon a final review of the Total Project Cash Costs and settlement will be made for adjustments to the United States' share of costs. 3. The Sponsor shall carry out and complete the Grant Project without undue delays and in accordance with the terms hereof and pursuant to any regulations and procedures as DOT may prescribe. 4. This Grant Agreement constitutes an obligation of federal funding. The grant awarded hereunder shall expire and the United States shall not be obligated to pay any part of the costs of the Grant Project unless the Sponsor signs this Grant Agreement on or before September 11, 2012, or such subsequent date as may be prescribed in writing by DOT. If the Sponsor makes any substantive changes to this Grant Agreement, such changes shall constitute amendments to this Grant Agreement and further action on the part of DOT is required in order for DOT to accept such amendments to the initial grant award obligation. If not signed and returned to DOT without modification by the Recipient on or before September 11, 2012, DOT may unilaterally terminate this Grant Agreement. 5. The Sponsor shall take all steps, including litigation, if necessary, to recover Federal funds when DOT determines, after consultation with the Sponsor, that such funds have been spent fraudulently, wastefully, or in violation of Federal laws, or misused in any manner in any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this Grant Agreement. 6. The Sponsor shall retain all documents relevant to this Grant Agreement and the Grant Project for a period of three years after completion of all projects undertaken pursuant to the Grant Agreement and receipt of final reimbursement from the U.S. Treasury, whichever is later. It shall furnish DOT, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by DOT. 7. The United States shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incident to, compliance with this Grant Agreement. 8. The Sponsor shall ensure compliance with Federal regulations requiring conduct of a Federally- approved audit of any expenditure of funds of $500,000 or more in a year in Federal awards. 9. The provisions of 49 CFR Part 18.36 (DOT's procurement standards for grants) shall apply to the extent that the Sponsor procures property and services in carrying out the Grant Project. B. SPECIAL CONDITIONS 1. Subject to the terms set forth in this Grant Agreement, DOT reserves the right to terminate the Grant Agreement, and DOT's obligations hereunder, on 90 days' prior written notice, unless otherwise agreed between the Sponsor and DOT, if any of the following occurs: a. The Sponsor fails to provide the local contribution as provided in its Grant Application, or alternatives approved by DOT; b. The Sponsor fails to provide the In -Kind Contributions as provided in its Grant Application, or alternative In -Kind Contributions approved in writing by DOT; c. The Sponsor does not meet the conditions and obligations specified under this Grant Agreement; d. DOT determines that termination is in the public interest. 2. Either Party may seek to amend or modify this Grant Agreement on 30 days' prior written notice to the other Party. The Grant Agreement will be amended or modified only on mutual written agreement by both parties. 3. At any time, on 30 days' prior written notice, the Sponsor may request termination of this Grant Agreement. 4. Subject to the terms set forth in this Grant Agreement, and unless otherwise agreed between the Sponsor and DOT, this Grant Agreement will expire on December 31, 2014. 2 C. PROPOSAL SPECIFIC CONDITIONS 1. Corpus Christi International Airport, designated by the community of Corpus Christi, Texas, as the legal Sponsor under the Small Community Air Service Development Program, is a government entity that shall administer the Grant according to the terms and conditions set forth in this Grant Agreement. Sponsor Contact: Mario Tapia Director of Finance Corpus Christi International Airport 1000 International Corpus Christi, Texas 78406 -1809 Phone: (361) 289 -0171 mariot@cctexas.com 2. Scope of the Grant Project Other Grant Project Contact: Kim A. Bridger PR and Marketing Coordinator Corpus Christi International Airport 1000 International Corpus Christi, Texas 78406 -1809 Phone: (361) 289 -0171 Fax: (361) 826 -4266 kimb @cctexas.com • Develop and implement a general marketing program to promote services at Corpus Christi International Airport with the goal of increasing current air service enplanements at the airport. 3. Funding a. Total Project Cash Costs: $320,000 Federal Share: $300,000 In -Kind Contribution: $20,000 Local Share: $20,000 b. Payment by DOT shall not exceed $300,000 for the Grant Project's Total Project Cash Costs, which are costs arising from a general marketing campaign to increase current air service enplanements at Corpus Christi International Airport. c. The community will provide the In -Kind Contributions as described in its Grant Application, or alternative In -Kind Contributions approved by DOT, toward implementation of the Grant Project. d. The Sponsor shall pay the costs associated with the Grant Project prior to seeking reimbursement from DOT. If the Sponsor is seeking private contributions to complete the Local Share, the Sponsor is responsible for ensuring that the full Local Share is provided. e. To seek reimbursement from DOT, the Sponsor shall submit documentary evidence of all expenditures associated with the Grant Project set forth in paragraph b. above, and included in the Total Project Cash Costs set forth in paragraph a. above (those to be covered by the local and /or state contribution, as well as those covered by the Federal contribution) on a monthly basis. DOT will reimburse the Sponsor on a monthly basis for 93.75 percent of all valid expenditures submitted (the specific Federal 3 share of Total Project Cash Costs is set forth in Section C.3.a and C.3.b above), subject to paragraph c. above and paragraph f below. All reimbursement requests to DOT shall be made in accordance with the provisions of such regulations and procedures as DOT may prescribe and shall include sufficient documentation to justify reimbursement of the Sponsor, including invoices and proof of payment of the invoice. f Payment of the final 10 percent of the Federal funding for the Grant Project will be made after receipt by DOT of the final report set forth in Section C.4 below. g. The Sponsor shall ensure that the funds provided by DOT are not misappropriated or misdirected to any other account, need, project, line - item, or the like. h. All requests for reimbursement must be made by the Grant Recipient within 60 calendar days after the date of expiration (see Section B.4) of this Grant Agreement. i. All expenses for this Grant Project must be incurred by the date of expiration of this Grant Agreement (see Section B.4), unless otherwise agreed between the Sponsor and DOT. j. Should this Grant Agreement be terminated prior to the expiration date provided herein, DOT reserves the right to require that the Sponsor return to DOT any of the funds reimbursed for expenses subsequently deemed ineligible. 4. Reports a. Grant Project reports, including progress on milestones as set forth in paragraph b. below, shall be reported to DOT on a quarterly basis, with reports due to DOT as follows: January 15 for the First Quarter, April 15 for the Second Quarter, July 15 for the Third Quarter, and October 15 for the Fourth Quarter. The first Grant Project report is due on January 15, 2013. b. Project reports shall include the following: (i) brief narrative detailing the status of the Grant Project and the progress being made towards the scope of the Grant Project described in Section C.2; (ii) status report on the hiring of any consultants in conjunction with implementation of the Grant Project; (iii) status report on progress toward completion of the In -Kind Contributions committed to implementation of the Grant Project, including documentation evidencing that In -Kind Contributions were made; (iv) status report on all marketing or promotional activities undertaken; (v) status report on contract negotiations with other third parties in conjunction with implementation of the Grant Project. c. Final report (in a format to be provided by DOT) of the Sponsor's assessment of the Grant Project shall be made to DOT within three months after expiration of this Grant Agreement or conclusion of the Grant Project, whichever occurs earlier. 4 5. Sponsor Obligations a. Within six (6) months following the date of Execution of the Grant Agreement, the Sponsor shall submit to DOT a detailed marketing plan as set forth in the Grant Application, including the types of media to be used, projected expenditures for each marketing component, and timeline for release of the marketing /advertising material. b. The Sponsor shall, within 15 calendar days after their execution, provide DOT with a copy of all agreements executed between the Community and any consultants, Air Carriers, or other parties with respect to the Grant Project. The Sponsor shall, within 15 calendar days after execution, also provide DOT with notice of any amendment to, or termination of such agreements. The Sponsor shall ensure that all agreements entered into with third parties regarding this grant are consistent with this Grant Agreement and the documents incorporated by reference into the Grant Agreement, and any amendments or modifications executed, pursuant to Section B. c. The Sponsor shall provide evidence on a quarterly basis as set forth in Section C.4 above, to demonstrate the progress that it has made toward securing the Third -Party In -Kind Contributions per Section C.3.a above and as described in its Grant Application, or alternative Third -Party In- Kind contributions approved by DOT. d. The Sponsor shall ensure that the obligations set forth in this Grant Agreement are met. Failure to do so may result in termination of the Grant Agreement by DOT. D. ASSURANCES The Sponsor shall execute the attached assurances and certifications (Assurances) in conjunction with its signing of this Grant Agreement and shall ensure compliance by the Grant Recipient with these Assurances and any amendments or modifications thereto. The Assurances are integral parts to this Grant Agreement and are deemed to be incorporated by reference into this Grant Agreement. E. DEFINITIONS Air Carrier: A United States - certificated air carrier undertaking to provide air transportation, including, without limitation, scheduled and unscheduled air carriers, regional air carriers, commuter air carriers, and air taxi operators. Assurances: This term shall have the meaning ascribed to it in Section D of this Grant Agreement. Community: All parties identified in the Grant Application as participating in the Grant Project, including the Sponsor. DOT: United States Department of Transportation. 5 Execution of Grant Agreement: Signing of this Grant Agreement by DOT and the Sponsor. Federal Share: Federal funds authorized for use by the Grant Recipient in implementing the Grant Project. Grant Agreement: This written agreement between DOT and the Sponsor describing the scope of the Grant Project and setting forth the terms and conditions of the Community's participation in the Small Community Air Service Development Program, and incorporating by reference (a) all attachments and exhibits to this Grant Agreement, including the Assurances, in their entireties; (b) the Grant Application, except to the extent inconsistent with the terms of this written agreement; and (c) DOT Order 2012 -5 -8 in its entirety. Grant Application: The complete document submitted to DOT by the Community in Docket DOT -OST- 2012 -0069, including any information submitted in the docket as confidential material. Grant Project: The scope of the project set forth in Section C.2 of this Grant Agreement. Grant Recipient: Community receiving the SCASDP grant, including the Sponsor. In- Kind /Third -Party In -Kind Contribution: Property or services that benefit the Grant Project and that are contributed by non - Federal third parties without charge to the Grant Recipient or a cost -type contractor under the Grant Agreement. Local Share: Public, community, state, or private funds described in the Grant Application for use in implementing the Grant Project, excluding any In -Kind Contributions (including Third -Party In -Kind Contributions). Party: DOT and /or the Sponsor, as the context indicates. Proposal: A proposed project described by the Community in its Grant Application. Quarter or Quarterly: Calendar quarter. Reports or other information required for submission on a quarterly basis are due no later than 15 calendar days after the close of the calendar quarter. Small Community Air Service Development Program (SCASDP): A grant -in- aid financial assistance program originally established under the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR -21), Pub. L. No. 6 106 -181, as amended by Vision 100 —The Century in Aviation Reauthorization Act, Pub. L. No. 108 -176, and codified in Title 49 U.S.C. § 41743. Sponsor Obligations: Responsibilities of the Sponsor under this Grant Agreement and those documents incorporated by reference into the Grant Agreement as set forth above (see definition of Grant Agreement). Sponsor: A government entity and legal sponsor of the Grant Recipient that agrees pursuant to this Grant Agreement to administer and oversee implementation of this Grant Agreement and the fulfillment of the Grant Project. Total Project Cash Costs: Sum of the Federal and local cash shares contributed toward completion of the Grant Project, excluding any In -Kind Contributions (including Third -Party In -Kind Contributions). Total Project Cash Costs are described in Sections C.3.a and C.3.b of this Grant Agreement. 7 GRANT AWARD AND AGREEMENT This Grant Award and Agreement is made in accordance with Title 49 U.S.C. § 41743 and is subject to the terms and conditions of this Grant Agreement and the Assurances attached hereto and incorporated herein. Executed this (SEAL) day of ,2012. United States Department of Transportation Aloha Ley Associate Director Small Community Air Service Development Program ACCEPTANCE The undersigned Sponsor agrees to accomplish each element of the Grant Project in compliance with the terms and conditions of this Grant Agreement and the Assurances attached hereto and incorporated herein. Executed this (SEAL) Attest: Title: day of ,2012. By: Corpus Christi International Airport Corpus Christi, Texas Signature of Sponsor's Designated Official Representative Printed Name Title 8 CERTIFICATE OF SPONSOR'S ATTORNEY I , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is a government entity empowered to enter into the foregoing Grant Agreement under the laws of the State (or Commonwealth) of . Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State (or Commonwealth) and Title 49 of the U.S. Code. In addition, for grants involving projects to be carried out on property not owned by the Sponsor or where Sponsor may make payments to others, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement, including the Assurances, constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Signature of Sponsor's Attorney Date Printed or Typed Name Telephone 9 Attachments OFFICE OF THE SECRETARY DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCE (Implementing Title VI of the Civil Rights Act of 1964, as amended) ASSURANCE CONCERNING NONDISCRIMINATION ON THE BASIS OF DISABILITY IN FEDERALLY- ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE (Implementing the Rehabilitation Act of 1973, as amended, and the Air Carrier Access Act of 1986) 49 CFR Parts 21 and 27 and 14 CFR Parts 271 and 382 (Name of Grant Recipient) (the Grant Recipient) HEREBY AGREES THAT, I. As a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply: with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d - -42 U.S.C. 2000d -4; all requirements imposed by or pursuant to: Title 49, Code of Federal Regulations, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964; and other pertinent directives so that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation. This assurance is required by Title 49, Code of Federal Regulations, Section 21.7(a) and Title 14, Code of Federal Regulations, Section 271.9(c). 11. As a condition to receiving any Federal financial assistance from the Department of Transportation, it will comply with: Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); the Air Carrier Access Act of 1986 (49 U.S.C. 1374(c)); and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 27, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, Title 14, Code of Federal Regulations, Part 382, Nondiscrimination on the Basis of Handicap in Air Travel; and other pertinent directives so that no otherwise qualified person with a disability, be excluded from participation in, be denied the benefits of, be discriminated against by reason of such handicap in the provision of air transportation, or otherwise be subjected to discrimination under any program for which the Recipient receives Federal financial assistance from the Department of Transportation. This assurance is required by Title 49, Code of Federal Regulations, Section 27.9 and Title 14, Code of Federal Regulations, Sections 271.9(c) and 382.9. III. It will promptly take any measures necessary to effectuate this Grant Agreement. The Recipient further agrees that it shall take reasonable actions to guarantee that it, its contractors and subcontractors subject to the Department of Transportation regulations cited above, transferees, and successors in interest will comply with all requirements imposed or pursuant to the statutes and Department of Transportation regulations cited above, other pertinent directives, and the above assurances. IV. These assurances obligate the Recipient for the period during which Federal financial assistance is extended. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the statutes and Department of Transportation regulations cited above, other pertinent directives, and the above assurances. V. These assurances are given for the purpose of obtaining Federal grant assistance under the Small Community Air Service Development Program and are binding on the Recipient, contractors, subcontractors, transferees, successors in interest, and all other participants receiving Federal grant assistance in the Small Community Air Service Development Program. The person or persons whose signatures appear below are authorized to sign this Grant Agreement on behalf of the Grant Recipient. VI. In addition to these assurances, the Recipient agrees to file: a summary of all complaints filed against it within the past year that allege violation(s) by the Recipient of Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, or the Air Carrier Access Act of 1986; or a statement that there have been no complaints filed against it. The summary should include the date the complaint was filed, the nature of the complaint, the status or outcome of the complaint (i.e., whether it is still pending or how it was resolved). Date By: Legal Name of Grant Recipient Signature of Authorized Official UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS CERTIFICATION REGARDING INFLUENCING ACTIVITIES Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Influencing Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Title Grant Recipient Date UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OFFICE OF AVIATION ANALYSIS CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS IN THE PERFORMANCE OF SMALL COMMUNITY AIR SERVICE PURSUANT TO GRANT AWARD UNDER THE SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM A. The grant recipient certifies that it will, or will continue, to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grant recipient's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about- - (1) The dangers of drug abuse in the workplace; (2) The grant recipient's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of work supported by the grant award be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment supported by the grant award, the employee will- - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of conviction. Employers of convicted employees must provide notice, including position title, to the Office of Aviation Analysis. Notice shall include the order number of the grant award; (f) Taking one of the following actions, within 30 days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (fl. B. The grant recipient may, but is not required to, insert in the space provided below the site for the performance of work done in connection with the specific grant. Places of Performance (street address, city, county, state, zip code). For the provision of air service pursuant to the grant award, workplaces include outstations, maintenance sites, headquarters office locations, training sites and any other worksites where work is performed that is supported by the grant award. Check [ ] if there are workplaces on file that are not identified here. Grant Recipient Signature Date SMALL COMMUNITY AIR SERVICE DEVELOPMENT PROGRAM GRANT ASSURANCES Certification. The Grant Recipient hereby assures and certifies, with respect to this grant, that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance, and use of Federal funds for this Grant Project, including, but not limited to the following: 1. General Federal Requirements. Federal Legislation a. Davis -Bacon Act - 40 U.S.C. 276(a), et seq. b. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. Airport Assurances (9/99) c. Hatch Act - 5 U.S.C. 1501, et seq. d. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, et seq. e. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f). f Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469a through 469c. g. Native Americans Grave Repatriation Act - 25 U.S.C. 3001, et seq. h. Clean Air Act, P.L. 90 -148, as amended. i. Coastal Zone Management Act, P.L. 92 -583, as amended. j. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. 1. American Indian Religious Freedom Act, P.L. 95 -341, as amended. m. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq. n. Power Plant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C.8373. o. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. p. Copeland Anti - kickback Act - 18 U.S.C. 874. q. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. r. Wild and Scenic Rivers Act, P.L. 90 -542, as amended. s. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. t. Section 404 of the Clean Water Act, as amended. Executive Orders Executive Order 13513 — Text Messaging While Driving (see attached clause entitled "Financial Assistance Policy to Ban Text Messaging While Driving ") Executive Order 11246 - Equal Employment Opportunity Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 29 CFR Part 1 - Procedures for predetermination of wage rates. d. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States. e. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non - construction contracts subject to the Contract Work Hours and Safety Standards Act). f 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements). g. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. h. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise in Airport Concessions. i. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. j. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. k. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. Office of Management and Budget Circulars a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A -133 - Audits of States, Local Governments, and Non - Profit Organizations c. A -102 - Grants and Cooperative Agreements with State and Local Governments. d. Any other applicable OMB Circular based upon the specific grant recipient. The Sponsor shall ensure that any use of airport funds in conjunction with this Grant Project comply fully with all regulations and policies of the Federal Aviation Administration for use of those funds. Specific assurances required to be included in grant agreements by any of the above laws, regulations, or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Grant Recipient. It has legal authority to apply for the grant, and to finance and carry out the Grant Project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the Grant Application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the Grant Application and to provide such additional information as may be required. 3. Funds Availability. It has sufficient funds available for that portion of the Grant Project costs that are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement that it will own or control. 4. Preserving Rights and Powers. a. It will not take or permit any action that would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the DOT, and will act promptly to acquire, extinguish, or modify any outstanding rights or claims of right of others that would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the DOT. 5. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all Grant Project accounts and records that fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the Grant Project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the Grant Project supplied by other sources, and such other financial records pertinent to the Grant Project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501- 7507). b. It shall make available to the DOT and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The DOT may require that a recipient conduct an appropriate audit. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the Grant Project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 6. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on the Grant Project funded under this grant agreement that involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 3141 et seq.), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 7. Economic Nondiscrimination. In any agreement, contract, lease, or other arrangement under any Grant Project funded under this grant agreement and for which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the Grant Recipient will insert and enforce provisions requiring the contractor to (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 8. Engineering and Design Services. It will award each contract or sub - contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the Grant Project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 1101 -1104) or an equivalent qualifications -based requirement prescribed for or by the Grant Recipient. 10. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 11. Buy America. In accordance with DOT annual appropriations restrictions, funds provided under this award must be expended consistent with Sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. l0a -10c, popularly known as the "Buy American Act "). In accepting this award, the Grant Recipient agrees to comply with such provisions and to review the provisions of the Act to ensure that all expenditures made under this award are consistent with such Act. Grant Recipient Signature of Authorized Grant Recipient Official Date OFFICE OF THE SECRETARY OF TRANSPORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED TRANSACTIONS 2 C.F.R. Part 1200, 49 C.F.R. Part 32 Instructions for Certification 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this Grant Application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Affiliation Title Date OFFICE OF THE SECRETARY OF TRANSPORTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWER TIER COVERED TRANSACTIONS Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non - procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion -- Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Title Affiliation Date AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: TO: September 11, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Valerie H. Gray, Director of Storm Water and Street Operations valerieci cctexas.com (361) 826 -1875 Emulsified Polymerized Asphalt CAPTION: Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Invitation No. BI- 0210 -12, based on lowest responsible bid, for an estimated 6 -month expenditure of $376,731.00. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six - month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Street Operations in FY 2012- 2013. PURPOSE: This supply agreement will be utilized by Street Operations for street construction and repair. BACKGROUND AND FINDINGS: This material is used with pre- coated aggregate for street construction and repair. The City does not have a storage facility for this material. The contractor must have a facility to dispense the heated material into City trucks and /or deliver to the Service Center and load into City trucks with a temperature between 160 -170 degrees Fahrenheit. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: V Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,203,478.20 $0 $3,203,478.20 Encumbered / Expended Amount $0 $0 $0 This item $376,731.00 $0 $376,731.00 BALANCE $2,826,747.20 $2,826,747.20 Fund(s): Street Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation. Approvals: Veronica Ocanas, Assistant City Attorney Valerie H. Gray, Director of Storm Water and Street Operations 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 BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI- 0210 -12 EMULSIFIED POLYMERIZED ASPHALT $376,731.00 $417,000.00 ERGON ASPHALT & EMULSIONS, INC. AUSTIN, TEXAS MARTIN ASPHALT CO. HOUSTON, TEXAS Extended Extended ITEM DESCRIPTION QTY. UNIT Unit Price Price Unit Price Price 1 Emulsified Polymerized Asphalt picked up at supplier location 110,000 gallons $3.00 $330,000.00 $3.30 $363,000.00 Emulsified Polymerized Asphalt 2 delivered to Service Center & loaded into City - supplied tanker 15,000 gallons $3.1154 $46,731.00 $3.60 $54,000.00 $376,731.00 $417,000.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: August 9, 2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Interim Director Department of Development Services 361- 826 -3246 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement in the amount of $88,000.00 and an Arterial Grid Transmission Main Reimbursement Agreement in the amount of $18,171.34. Both agreements to be made with MPM Development, LP. (South of Yorktown Boulevard & east of Cimarron Boulevard) CAPTION: Motion authorizing the City Manager to execute a Participation Agreement for $88,000 for City's portion of Excalibur Road, and a Water Arterial Transmission and Grid Main Extension Construction and Reimbursement Agreement for $18,171.34, each with MPM Development LP, Developer of Royal Creek Estates Unit 4. PURPOSE: Approval of the agreements will allow the developer to continue with the proposed single - family residential development. The participation agreement funds the City's portion of the street. The reimbursement agreement will improve the circulation of the water. BACKGROUND AND FINDINGS: The developer, MPM Development LP, is proposing to develop a 38 -lot single - family residential subdivision known as Royal Creek Estates Unit 4. The tract of land is located south of Yorktown Boulevard and east of Cimarron Boulevard. The developer is dedicating a 0.859 -acre tract of land for the continuation of a linear park. The park will abut Excalibur Road. Royal Creek Estates has a preliminary plat that was approved by the Planning Commission in February 2004. 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 Excalibur Road which abuts the parkland. The participation agreement includes the street, curb, gutter and 4 -foot wide sidewalk. As part of the development, the developer is installing the required public infrastructure which includes waterlines. The development of Unit 4 will create dead end waterlines which are City Council Summary Mostaghasi Investment Trust Participation Agreement Page 2 discouraged by the Unified Development Code (UDC). In order to comply with the UDC, the developer is extending the waterlines through proposed future units out to the proposed extension of Oso Parkway and connect to a planned 12 -inch waterline. (See Exhibit 3 in Reimbursement Agreement) The proposed 6 -inch and 8 -inch waterline extensions to connect to the 12 -inch waterline are not subject to a reimbursement because those lines will serve the developer's future units. Since the proposed 12 -inch waterline is a master planned line, the waterline is 100% reimbursable. ALTERNATIVES: • Denial of the Participation Agreement. • Denial of the Reimbursement Agreement. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The proposed roadway abutting the linear park is consistent Park Master Plan. The proposed extension of the 12 -inch waterline is consistent with the Master Water Plan. EMERGENCY / NON - EMERGENCY: Non - 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 for the participation agreement. FINANCIAL IMPACT: CIP FY2013. Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $88,000.00 $88,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $88,000.00 ($88,000.00) BALANCE $0.00 $0.00 $0.00 Fund(s): Street Bond 2008 City Council Summary Mostaghasi Investment Trust Participation Agreement Page 3 Comments: The proposed project will be partially funded using the remaining funds. There are no additional funds for future Developer Participation projects. RECOMMENDATION: Staff recommends approval of the following: Motion authorizing the City Manager or designee to execute a Participation Agreement for the construction of the Excalibur Road roadway improvements abutting a linear park not to exceed $88,000.00; and a Water Arterial Transmission and Grid Main Extension Construction and Reimbursement Agreement in the amount of $18,171.34 for the off -site construction of a 12- inch grid main extension, both with MPM Development LP, Developer of Royal Creek Estates Unit 4. LIST OF SUPPORTING DOCUMENTS: Participation Agreement Reimbursement Agreement C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \970_CITY COUNCIL_ 8_ 28_ 2012 \0027_1_AGENDA MEMO- ROYAL CREEK UNIT 4,.DOC AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: August 7, 2012 TO: Ronald L. Olson, City Manager FROM: Carlos Valdez, City Attorney CarlosV @cctexas.com 826 -3360 Legal Services Contract with Tim Brown for general water issues CAPTION: Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate not to exceed $7,000 plus expenses and authorize $50,000 for consultant subcontracts needed to assist with resolution of water law issues. PURPOSE: To obtain legal services for general water law issues for FY 2012 -2013. BACKGROUND AND FINDINGS: Tim Brown has many years experience in dealing with City of Corpus Christi water issues. ALTERNATIVES: Hire attorney with water expertise as a permanent City employee. OTHER CONSIDERATIONS: Mr. Brown also provides legal advice during legislative session concerning water issues. CONFORMITY TO CITY POLICY: This request conforms to City Charter provision regarding employment of legal counsel. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: The Water Department Director and Director of Intergovernmental Relations are in concurrence with this request. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $659,000 $659,000 Encumbered / Expended Amount 0 0 This item $135,000 $135,000 BALANCE $524,000 $524,000 Fund(s): Water RECOMMENDATION: Staff recommends approval of the legal services contract. LIST OF SUPPORTING DOCUMENTS: Letter agreement attached. , 2012 Mr. Timothy L. Brown Attorney at Law 1600 West 38th Street, Suite 206 Austin, Texas 78731 Re: Legal Services Agreement to Assist the City with general water issues and ongoing projects Dear Mr. Brown: This will confirm your agreement with the City of Corus Christi to provide legal services to assist the City with general water issues and other matters as directed by the City Manager or City Attorney. You will work with the City Attorney and Water Department on specific projects as requested by the City Manager, City Attorney, or their designees, including, but not limited to, working with the South Texas Water Master on improper water use by Nueces County Water Control and Improvement District #3, challenges to any of the City's water rights, activities of the Corpus Christi Aquifer Storage and Recovery Water Conservation District, the legality of and challenges to the City's perpetual wholesale water supply contracts, legal issues related to the development of the City's water rights, and negotiation and drafting of operational agreements relating to the water rights with the Lavaca - Navidad River Authority and Lower Colorado River Authority. You will keep informed as to discussions and proposals relating to general water related matters and provide the City with regular briefings. In addition, in coordination with and as requested by the City's Director of Intergovernmental Relations, you will act as one of the City's liaisons for legislative and regulatory matters dealing with water legislation during the regular session of the Texas Legislature, water rights, general water issues, environmental issues, and other matters as directed by the City Manager or City Attorney. You will assist the City, Legislative members, and regulatory entities by providing data, information, and research relating to the full range of issues covered under this agreement as directed by the City Manager or City Attorney. Your services will be performed beginning August 1, 2012 and ending July 31, 2013 at the rate of hourly rate of $175 per hour, capped at $6,000 per month beginning August 1 through October 31, and capped at $7,000 per month from November 1 until July 31, 2013. When travel is requested by the City, the City of Corpus Christi will reimburse you for reasonable and customary charges for travel, when itemized. (For example, first class airfare and luxury suites are not considered reasonable.) In addition, funding up to $50,000 will be provided for any consultant subcontractors needed to assist with services to be provided under this agreement. Billing will be submitted monthly to Carlos Valdez, City Attorney, and shall be payable within 30 days of receipt. You will notify the City Attorney promptly if you should discover any conflict of interest between your representation of the City and any other interest or client that you may have. This agreement is exclusive of any other agreement between you and the City and may be cancelled at any time with 30 days notice to either party. Please indicate your acceptance by your signature below and return to the City Attorney. Sincerely, Ronald L. Olson City Manager ACCEPTED: Timothy L. Brown AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: TO: August 8, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Michael Morris, Director of Parks and Recreation MichaelMo@cctexas.com (361) 826-3464 Approval of Professional Monitoring Contract Packery Channel Monitoring 2012 -2013 (E12082) CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 7 to the contract between the City of Corpus Christi and Texas A &M University- Corpus Christi, in the amount of $314,389.00 for a restated amount, not to exceed, $1,548,028.00 for Packery Channel Monitoring Fiscal Year 2012 -2013. PURPOSE: The purpose of this Agenda Item is to authorize the proposed consultant to continue monitoring of the Packery Channel through fiscal year 2012 -2013. BACKGROUND AND FINDINGS: Packery Channel monitoring began in 2003 by Texas A &M University- Corpus Christi (TAMUCC) Division of Nearshore Research (DNR). DNR's monitoring was conducted under sponsorship of the U.S. Army Corps of Engineers (USACE), Galveston District. USACE ceased monitoring efforts in 2007. The City assumed sponsorship of monitoring in 2008 and contracted with DNR to continue monitoring. The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. The attached contract further describes the following tasks of the monitoring program: • Project Management • Aerial Photography • Beach Profile Surveys • Shoreline Position Surveys • Surveys of channel and nearshore depth and morphology (bottom features) • Inland Channel Segment and Mollie Beattie Coastal Habitat Community and • Event/Transitional Survey and /or Dredge Support ALTERNATIVES: 1. Amend the contract to TAMU -CC. 2. Do not award the contract to TAMU -CC as proposed. OTHER CONSIDERATIONS: The Island Strategic Action Committee (ISAC) recommended approval of this professional services contract on August 7, 2012. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2012 -2013 Capital Improvement Budget, and conforms to the appropriation and use requirements of ISAC and the Tax Increment Reinvestment Zone (TIRZ) No. 2. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Engineering Services, Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $520,000.00 $1,020,000.00 $1,540,000.00 Encumbered / Expended Amount This item $314,389.00 $314,389.00 Future Anticipated Expenditures $25,151.12 $25,151.12 BALANCE $205,611.00 $994,848.88 $1,200,459.88 Fund(s): Parks and Recreation CIP RECOMMENDATION: City staff recommends the Contract for Professional Monitoring be awarded to TAMU -CC in the amount of $314,389.00. LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Location Map PROJECT BUDGET ESTIMATE PACKERY CHANNEL MONITORING 2012 -2013 (PROJECT NO. E12082) Future Agenda Item - Council Meeting Date: 8/28/12 Action Agenda Item - Council Meeting Date: 9/11/12 FUNDS AVAILABLE: Parks and Recreation CIP $1,540,000.00 FUNDS REQUIRED: Consultant Fees: Consultant (Texas A &M- Corpus Christi) 314,389.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 8,645.70 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 11,003.62 Finance Issuance 3,929.86 Misc. (Printing, Advertising, etc.) 1,571.95 TOTAL $339,540.13 ESTIMATED PROJECT BUDGET BALANCE $1,200,459.87 File : \ Mproject \councilexhibits \exhE12082.dwg PA CKER Y CHANNEL MONITORING - 2012 -2013 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE 1 of 1 CITY OF CORPUS CHRISTI PROFESSIONAL MONITORING CONTRACT PACKERY CHANNEL MONITORING 2012 -2013 Amendment No. 7 The City of Corpus Christi, Texas, hereinafter called "CITY ", and Texas A &M University- Corpus Christi hereinafter called "TAMU -CC ", hereby agree to amendment of the Contract as approved by City Council Motion 2008 -052 on February 26, 2008, administratively amended on March 3, 2008, by Motion 2009 -007 on January 13, 2009, by Motion 2009 -091 on April 14, 2009, by Motion 2010- 095 on April 27, 2010, administratively on September 21, 2010, by Motion 2011 -212 on September 27, 2011 as follows: I. SERVICES TO BE PERFORMED TAMU -CC hereby agrees to perform all consulting services necessary to monitor, perform, complete, and report the results of a comprehensive study of morphology and changes and current velocity at Packery Channel. 11. SCOPE OF SERVICES TAMU-CC's services will be those necessary to provide the monitoring required to deliver an annual written report and presentation of the observations and results of the monitoring program that takes place during the term of this contract. The monitoring program will include the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community. TAMU -CC will conduct the comprehensive study of change in channel depth, shoaling, scour, shoreline position and beach volume at Packery Channel. TAMU -CC will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit "A ". A. TASKS Specific tasks to be undertaken are set out as follows: Task 1. Project Management and Aerial Photography 1 -1. Project Management Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials requested by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and /or FEMA reimbursement for storm damage. 1 -2. Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIVWV to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2011 show that the cost of aerial photography has increased reportedly due to increases in fuel costs. Purpose: For interpretation of large -scale changes in vegetation, dune line, and inter -tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are appropriate for visuals and explanation aids to residents and laypersons. Schedule: (1) annual set conducted Aug /Oct 2012 (pending weather conditions). K: \ENGINEERING DATAEXCHANGE\JENNIFER \PACKERY CHANNEL \E12082 PACKERY CHANNEL MONITORING 2012 -2013, AMENDMENT NO. 7 \CONTRACT - PACKERY CHANNEL MONITORING.DOC Page 1 of 5 Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2 -1. Beach Profile Survey Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore up to one mile into the Gulf of Mexico. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to calculate volumetric change along historically surveyed areas of the beach and applied to calculate sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering (Zone of Influence) by the jetties. Schedule: (1) annual survey conducted during peak summer condition (Sep /Oct 2012). 2 -2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: These surveys are an efficient and low -cost way to measure changes in the width of the dry beach over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession that have been identified fronting the North Padre Island Seawall and Whitecap Blvd as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (2) Surveys. Tentative survey schedule: Sep /Oct 2012, Jan /Feb 2013. 2 -3. Surveys of channel and nearshore depth and morphology (bottom features) Description: These bathymetric surveys combine single -beam and multi -beam sonar coverage to provide high resolution of morphology (shoals, scour and bars). Seasonal series of data is applied to interpretation of pathways of sediment transport. Purpose: Data is applied to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change, the calculation of sand loss or gain, for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to assist with determining potential scheduling of dredging. Schedule: (3) Surveys. Tentative survey schedule: Sep /Oct 2012, Jan /Feb 2013 and June 2013. Additional surveys may be required if data indicate that depth - limited navigation is imminent. 2 -4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross - sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised K: \ENGINEERING DATAEXCHANGE\JENNIFER \PACKERY CHANNEL \E12082 PACKERY CHANNEL MONITORING 2012 -2013, AMENDMENT NO. 7 \CONTRACT - PACKERY CHANNEL MONITORING.DOC Page 2 of 5 placement area) is defined. Measure the MHHW shoreline position along the south shore of Packery Channel from the HVVY 361 Bridge to the Relief Channel west of the channel dog leg. Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC and changes in the elevation of the wetland. Analysis of these data sets provide quantification of change in primary ( -5 ft) and upper bank (MSL) width along MBCHC. In addition the MHHW position of the west side of the inland channel segment (residential) is surveyed and compared to previous surveys to determine historic change in position. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sep /Oct 2012, Jan /Feb 2013. Additional surveys may be required if data indicate that the rate of change has increased during the study period. 2 -5. Event /Transitional Survey and /or Dredge Support Description: In a continued effort to respond to reported City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2012 and Jan /Feb 2013) and (1) transitional survey (June 2013). To accommodate monitoring concerns beyond these seasonal surveys this task provides for event survey or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed: a. Shoreline position survey (1) Task 2 -2 b. MBCHC (1) Task 2 -2 OR Full Beach Profile Survey (1) Task 2 -1 c. Bathymetric channel and nearshore survey (1) as described in Task 2 -3 d. Modified beach profile survey of seawall nourishment area south of Packery Channel (Includes profiles at 400 -ft to 1100 -ft spacing to accommodate more accurate beach volume calculation for FEMA). Purpose: To define morphology immediately before or after a storm event or related to sensitive habitat such as the MBCHC without time restrictions associated with the amendment process. Schedule: To be determined Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone Fl PS 4205 Email status report (monthly or as updates are available) Status Reports (post- survey quarterly reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. The proposal for Year 2012 -2013 is attached as Exhibit "A ". III. FEES AUTHORIZED The City will pay TAMU -CC a fixed fee not to exceed $1,548,028.00 for providing all services during the contract term (12 months). The fee consists of an original contract fee of $241,487.00, a fee for Amendment No. 1 of $11,020.00, a fee for Amendment No. 2 of $61,715.00, a fee for Amendment No. 3 of $299,900.00, a fee for Amendment No. 4 of $325,517.00, a fee for Amendment No. 5 of $600.00, a fee for Amendment No. 6 of $293,400, and a fee for Amendment No. 7 of $314,389.00. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II.A. Invoices will be submitted to the Director of K: \ENGINEERING DATAEXCHANGE\JENNIFER \PACKERY CHANNEL \E12082 PACKERY CHANNEL MONITORING 2012 -2013, AMENDMENT NO. 7 \CONTRACT - PACKERY CHANNEL MONITORING.DOC Page 3 of 5 Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the Task Fee as set out by this contract. Invoices will be sequentially numbered for each project, state the project name (Packery Channel Monitoring 2012 -2013) and City project number (E12082). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of $3,500 will be retained until delivery of the final report. It is mutually acknowledged that fees authorized by this original contract not invoiced may be used to defray the costs and expenses of Amendment No. 7 for such additional tasks as may be directed by the City Manager or his designee. However, any task or additional service that requires additional funding beyond that authorized will be evidenced in writing as an amendment to this contract. Contract Fee Original Contract $241,487.00 Amendment No. 1 $11,020.00 Amendment No. 2 $61,715.00 Amendment No. 3 $299,900.00 Amendment No. 4 $325,517.00 Amendment No. 5 $600.00 Amendment No. 6 $293,400.00 Amendment No. 7 $314,389.00 Total $1,548,028.00 The fee for each Task of Amendment No. 7 is estimated as: IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon thirty days written notice to TAMU -CC at the address of record. In this event, TAMU -CC will be compensated for its services on all stages authorized based upon TAMU -CC and City's estimate of the proportion of the total services actually completed at the time of termination. V. 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. TAMU -CC 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.) K: \ENGINEERING DATAEXCHANGE\JENNIFER \PACKERY CHANNEL \E12082 PACKERY CHANNEL MONITORING 2012 -2013, AMENDMENT NO. 7 \CONTRACT - PACKERY CHANNEL MONITORING.DOC Page 4 of 5 Tasks Fee 1.1 Project Management $43,466 1.2 Aerial Photography $16,210 2.1 Beach Profile Survey $38,628 2.2 Shoreline Position Survey $14,209 2.3 Surveys of channel and nearshore depth and morphology $102,322 2.4 Inland Channel Segment and Mollie Beattie Coastal Habitat Community $32,419 2.5 Event/Transitional Survey and /or Dredge Support $67,135 Total $314,389 IV. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon thirty days written notice to TAMU -CC at the address of record. In this event, TAMU -CC will be compensated for its services on all stages authorized based upon TAMU -CC and City's estimate of the proportion of the total services actually completed at the time of termination. V. 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. TAMU -CC 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.) K: \ENGINEERING DATAEXCHANGE\JENNIFER \PACKERY CHANNEL \E12082 PACKERY CHANNEL MONITORING 2012 -2013, AMENDMENT NO. 7 \CONTRACT - PACKERY CHANNEL MONITORING.DOC Page 4 of 5 VI. ASSIGNABILITY TAMU-CC 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 TAMU-CC staff. If TAMU-CC 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 fee may be assigned in advance of receipt by TAMU-CC 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. VII. DISCLOSURE OF INTERST TAMU-CC 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 hereto as Exhibit "B". All other terms and conditions of the February 26, 2008 contract, as amended, between the City and Consultant shall remain in effect. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel Biles, P. E., Date Director of Engineering Services g1/43//A Op ating Departm'nt Date APPROVED AS TO FORM Office of Management Date and Budget Legal Department Date ATTEST Armando Chapa, City Secretary TEXAS A&M UNIVERISTY- CO P S CHRISTI Date 6)/ eidre D Williams Principt Investigator r. Luis Cifuentes Vice President Division of Research, Commercialization and Outreach Date KkENGINEERING DATAEXCHANGE1JENNIFERSPACKERY CHANNEL1E12082 PACKERY CHANNEL MONITORING 2012-2013, AMENDMENT NO TCONTRACT PACKERY CHANNEL MONITORING DOC Page 5 of 5 Exhibit "A" Packery Channel Monitoring Program Proposed Amendment for 2012/13 Project Tasks and Cost Estimate July 11, 2012 Figure 1. Post - dredge channel and nearshore morphology at Packery Channel (23 March 2012). Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams The Conrad Blucher Institute for Surveying and Science Texas A &M University- Corpus Christi EXHIBIT "A" Page 1 of 16 Introduction The Packery Channel Monitoring Program began prior to construction in 2003 under sponsorship of the U.S. Army Corps of Engineers, Galveston District and has continued under the sponsorship of the City of Corpus Christi from 2008 to present (spring 2012). The Conrad Blucher Institute for Surveying and Science (CBI), Texas A &M University- Corpus Christi (TAMUCC) leads these investigations. The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community (MBCHC). The monitoring program also includes measurement of current velocity in the inland channel segment, previously sponsored by the USACE, Coastal Hydraulics Laboratory, and the Coastal Inlets Research Program (2007 -2011) and presently as an added contribution by TAMUCC. The analysis and interpretation of this data supports the City of Corpus Christi in the research -based management of Packery Channel as well as the adjacent wetland and Gulf beaches. The Packery Channel inlet system is dynamic; responding to storms, anthropogenic change such as dredging, as well as typical seasonal coastal forcing (wind, current, water level, waves). Of primary importance for the 2012/2013 monitoring year is the investigation of changes in Entrance Channel shoaling. Dredging of the last 500 feet of the Entrance Channel was not completed by March 2012 when the contractor began demobilization in anticipation of Spring Break (Fig. 1). Surveys planned during 2012/13 will document the channel extent and volume associated with this shoal. The analysis of the seasonal data sets during the first post- dredge year are instrumental to describing early trends in shoaling and scour throughout the channel system. The adjacent beaches are a critical component of this system and therefore beach profile surveys and shoreline position surveys will document changes in beach volume and width along the recently nourished section of North Padre Island along the seawall. The information and guidance provided by the Packery Channel Monitoring Program will support the City of Corpus Christi in the decision of whether to re- initiate dredge operations during Fall 2012. This decision will be based, in part, upon changes in the extent and volume of the Entrance Channel Shoal and evaluation of the performance of the beach nourishment effort. Application of New Datum Starting with the March 2012 survey, all data will be reported as elevation (ft) relative to North American Vertical Datum 1988 (NAVD88), based on GPS static observations using GEOID09. This change was made in order to agree with pre - and post- dredging engineering and construction specifications and in an effort to reduce the opportunity for confusion between user groups. Elevations below NAVD88 = 0 will be reported as negative ( -ft) and referred to as depth. Previous documentation reported data relative to Mean Sea Level (MSL) calculated for Bob Hall Pier. Surveys conducted during 2011 showed that MSL measured at Bob Hall Pier was located 0.40 ft above NAVD88. In addition, the bathymetric color ramp representing elevation in the channel and nearshore has been revised to better describe the shallow regions in the nearshore fronting the adjacent beaches and some variation in color ramp will exist between 2012 reporting and previous documents. Purpose There are two primary goals for the 2012/13 monitoring year; 1) document post- dredge shoaling and scour in Packery Channel to support City dredge and navigation management and 2) measure and document changes in volume and width of the nourished beach along the North Padre Island Seawall (including Michael J. Ellis Seawall) relative to adjacent regions. In addition, the comprehensive program will continue to monitor changes in the Mollie Beattie Coastal Habitat Community that borders the inland channel segment and the Event Task (Task 2 -5) will allow for post - storm and focus surveys as they are needed. The continuation of the monitoring program will allow the City to track changes in system dynamic due to the increase in overall channel depth, now deeper than post - construction, and onset of the summer season, a period associated with peak shoaling. The Monitoring Program will describe the channel system as it begins to modify, relative to the change in water depth, from the basin to the Entrance Channel. The channel will likely undergo a period of rapid change over the summer months. Summer is the most dynamic season for sediment transport by wind from the adjacent beach and dunes which are the primary sources of sand contributing to shoal development in the Entrance Channel. Continued monitoring will assist the city in research -based management of the channel, adjacent beaches, and wetland habitat and to identify and allow adequate time to prepare for maintenance tasks including the possibility of continued dredging during Fall 2012. Concerns and Benefits Addressed by Monitoring Program: 1. Expansion of the remaining shoal at mouth due to: a. Reduction in ebb current velocity (Increase in channel depth and lack of reinforcement by fronts during summer). b. Introduction of sand from nearshore (Weaker ebb flow to deter entry). c. Introduction of sand from nearshore (Sand bar development at mouth). 2. Expansion of remaining shoal in Deposition Basin. 3. Beach advance at jetties (Sand entry around jetties when critical threshold is reached). 4. Pre -storm condition of nourished beach along seawall (FEMA reimbursement). 5. Longevity of beach nourished during 2011/12 (Future nourishment strategies). 6. Early identification of trends in sediment transport (Future dredge planning) 7. Assistance /support related to other City projects in the vicinity. Post - Dredge and Nourishment Status Summary Packery Channel Dredging conducted from Dec 2011 to March 2012 increased channel depth in the northern section of the Deposition Basin and across the entire Inner Entrance Channel. The overall primary channel depth in this region is greater than post - construction due to the series of interruptions by tropical storms during 2005 which introduced sand into the channel directly from the beach and from the contribution of the sand plug at channel mouth. Dredging of the last 500 -ft of the channel near the channel mouth was not completed (Fig. 2). The mean depth along centerline during the 23 March 2012 survey was -12.82 ft (Fig. 2). Depth across the remaining shoal in the Entrance Channel was variable (- 6 to -10 ft) with across - channel position and along the length of the shoal. The shoal terminated abruptly on the west -end (T1) with post- dredge centerline depths between -12 and -14 ft (Fig. 4). Transect T2 is located at the western transition region of the Entrance Channel shoal. An increase in shoaling at T2 location indicates that the shoal migrated westward after dredging was completed between the 05 Mar 2012 and 23 Mar 2012 surveys. Across the remaining shoal depth was relatively uniform across the channel width ranging from -5.5 to -7 ft during both the pre- and post- dredge surveys (Fig 5). Westward shoal migration occurred during a period of onshore forcing by late - season frontal systems. Interestingly, depth across the width of the channel just west of the mouth increased by approximately 3 ft between 25 Sep 2011 and 05 Mar 2012 unrelated to the dredge activity but rather to winter onshore forcing. Based on pre- and post -storm data analysis the total volume of sand removed from the channel was on the order of 188,000 cu yd, with on the order of 4,000 cu yd contributed from the inland channel segment. These calculations derived from the detailed 23 Mar 2012 survey data agree with the pay volume reported by the contractor (190,757 cu yd). The volume of sand associated with the remaining shoal was approximately 24,000 cu yd ( -14 ft dredge depth) during the 23 Mar 2012 survey. Change in volume was negligible since the 05 Mar 2012 contractor survey, although the volume of sand in this region did decrease some 10,000 cu yd since the preceding Sep 2012 survey. An additional region of interest is at the intersection of the Deposition Basin and the Inner Entrance Channel. The 23 Mar 2012 survey showed that a portion of the Basin Shoal remained after dredging was conducted (Fig 6). The transect survey of the basin conducted under direction of the contractor did not completely define this remaining shallow feature. The shoal is located approximately 170 ft from the centerline and is approximately 23 -ft wide and 160 -ft long. Before dredging, this feature formed the northern border of the deepest section of the channel that was confined along the revetment to the south. The shoal is located northwest of the large -scale revetment repair conducted prior to dredging. Depth at this feature ranges from - 4.5 to - 5.5 ft. Future surveys will determine if the shoal presents a navigation hazard warranting removal or placement of an aid to navigation. 0 250 500 4,000 1,500 2000 Legend Depth, ft (NAV ©88) -32 -18 -15 40 .14 -29 -13 -28 -12 T -11 in -26 -10 jAi -25 .9 © -24 -@ is -23 -7 me -22 s -21 _5 20 -4 9 -3 •' 8 -2 Figure 2. Post - dredge channel depth and location of shoaling (23 Mar 2012). Depth, ft (NAVD88) 2- 0a -2 - -4- -6 -8 -10 -12 -14 -16 -18 -20 -22 -24 -26 - -28 - -30 Legend - 25 Sep 2011 - 05 Mar 2012 23 Mar2012 0 1000 2000 3000 4000 5000 Distance along Center Channel, ft 6000 7000 8000 Figure 3. Depth along centerline from the basin shoal to the Gulf of Mexico (23 Mar 2012). EXHIBIT "A" Page 5 of 16 th lest of Shoal Legend ^^^^" 25 Smp 2912 (PT {t5 M 2042 (Post )Dredge) _. _ 23 Mar 2042 MSL Nona d m T2= Transition Region West 2012 (Pre - Dredge) 2012 Posl,Dredge) 2012 4194 4:$5 lO ^i5'S ZW 21S 0 2S SO 7S imm 125 1Sm 17 DEarece Aceass Dianne], ft Distance Across Channel, ft Figure 4. Change in channel cross - section west of remaining Entrance Channel Shoal. Future surveys will focus on monitoring change in the height, extent and direction of expansion of the shoal located near the mouth of the Entrance Channel. Summer months provide the greatest opportunity for shoal growth by wind -blown sand transport. The Monitoring Program has established that the dry and typically windy summer season supports wind -blown transport of sand from the wide beach adjacent to the channel. During a typical year, on the order of 20,000 to 30,000 cu yd of sand transported by wind enters the channel from the adjacent beaches. In addition, ebb flow is not reinforced by frontal passage during the summer; therefore the ebb current is often too weak to transport a sufficient quantity of sand out of the channel mouth resulting in shoal development. Historically, this reduction in reinforced flow has resulted in the impoundment of sand at the west end of the pre- existing shoal, allowing for a gradual increase in shoal volume and extent. Thus, even a small shoal that remains post dredge has the potential to function as the seed for shoal development over the summer months. The Monitoring Program will measure the rate of shoal development so that the City can determine if dredging should continue during Fall 2012 and anticipate future dredge scheduling. EXHIBIT "A" Page 6 of 16 T3 = Peak. Shoal MOL Distance Across Channel, 11 T4 = Near Mouth MSC North 25 53 75 1.70 125 150 175 200 Distanme Across Channel. ft Figure 5. Change in channel cross - section west of remaining Entrance Channel Shoal. 30 -29 eee 28 MI IN -27 is -26 -25 -9 -24 -8 r -23 -7 � -22 •21 = .5 20 .q 9 _3 -18 -2 -17 5 25U -evetn ent Repair and Submerged Roc Figure 6. Narrow region of Basin Shoal remains after 2011/12 dredge effort. EXHIBIT "A" Page 7 of 16 North Padre Island Seawall Beach Nourishment Approximately 190,000 cu yd of sand dredged from Packery Channel was placed along the North Padre Island Seawall from December 2011 to March 2012. The seawall is approximately 4,300 -ft long. The nourishment area stretched along nearly half of the seawall, some 2,000 ft, from the approximate mid -point (just south of the Holiday Inn) to the south end of the seawall at Whitecap Blvd. (Fig. 7). The purpose of the nourishment effort was to widen the historically (prior to construction of Packery Channel) narrow beach along the seawall. The width of a beach is determined relative to a designated shoreline datum, in this case, the berm crest (the highest position seaward before the slope to water's edge). The application of berm crest as a shoreline position locator provides a conservative estimate of the width of the beach for planning purposes. The region landward of the shoreline position does not typically experience rapid change during daily forcing but is more representative of the beach width during a particular season or large scale event. The primary goal of the nourishment effort was to increase the width of the beach along the retreating section of beach fronting the south end of the seawall. Prior to the 2011/12 nourishment, beach width at the south -end of the seawall had been highly variable and overall, very narrow (20 to 50 -ft wide). The greatest increase in post- nourishment beach width was observed in this region where beach advance was on the order of 80 to 100 ft from the Nov 2012 position which was equivalent to the pre - construction baseline position. Benefits of sand placement were found to gradually decrease moving northward along the seawall with only a 20 to 30 ft increase measured at the northern terminus of the nourishment area, located just south of the Holiday Inn. The post - nourishment shoreline position survey was postponed until May 2012 due to high water levels that limited unrestricted vehicular access. The post- nourishment shoreline position was in agreement with, or within 50 -ft landward of that measured after the first nourishment (2005 -2006) during the construction of Packery Channel (Fig. 8). Benefits from the 2011/12 nourishment extend over 1,200 ft to the south, beyond the active placement region. Future surveys will track sediment transport in this region and assist in determining placement options to maximize longevity of the beach nourishment for future efforts. Shoreline Position Adjacent Packery Channel The shoreline position at the inlet remains nearly symmetric indicating nearly balanced sediment transport from the north and from the south since the inlet was constructed (Fig. 9). The shoreline adjacent to the inlet in the zone of influence is stable at approximately the same position as during Sep 2011. The position of the shoreline is the greatest distance from the baseline since construction, thus the beach is the widest observed to date. The shoreline initially advanced to near this position during 2007 but receded during Hurricane Ike (Sep 2008). Recovery began within months of the storm. The shoreline continues to be sheltered by the jetties in the zone of influence. Stability in this region extends 2,200 ft to the north and 4,000 ft to the south of the inlet although the widest section of the beach remains near the jetties. The shoreline beyond this sheltered region is highly variable in position relative to seasonal and storm forcing. Legend Aug 2003 (Baseline) Sep 2012 May 2012 (Post - Nourishment) . area 506 75D 1OM Figure 7. Post - nourishment shoreline position (May 2012) relative to pre - construction baseline (2003) and pre- nourishment (Sep 2011). Shoreline advance adjacent to the inlet is beneficial but does present the potential for complications related to future channel management. If the shoreline position advances too close to the inlet mouth sand may be transported directly into the channel from this rich source. In addition, the wide beach provides a source of sand available for transport by wind directly into the channel over the low elevation 4.8 ft) jetties. Seasonal monitoring of the channel system including the channel and nearshore bathymetry and beach topography provides research -based guidance in managing these interdependent resources. Importance of Beach Profile Surveys and Shoreline Position Surveys These topographic surveys provide a view of large scale change across the beach face. From this data a conservative estimate of beach width, the most narrow the beach would be on a given day. Regions of persistent shoreline recession (landward shift) are identified and "hot spots" of erosion and shoreline loss can be quantified. Beach profile survey data is applied to determine the volume of sand associated with the beach for FEMA reimbursement as well as determining sand placement regions for beach nourishment. Task 2 -5 provides for a post -storm beach profile survey to maximize FEMA reimbursement after the nourishment conducted during 2011/12. EXHIBIT "A" Page 9 of 16 Legend — Aug GULLS (baseline) Jul 2005 (Post- Nourishment Max.) May 2012 (Post - Nourishment) Figure 8. Comparison of 2012 and 2005 post- nourishment shoreline positions. Benefit of Packery Channel Monitoring Program to the City of Corpus Christi Seasonal surveys provide information to support proactive channel management which includes the initiation of; 1) permitting and placement of aids to navigation when depth limited navigation in a segment of the channel is imminent, 2) rapid public alert when potential for depth - limited navigation is imminent, 3) permitting and scheduling of dredge activities when the channel reaches a critical sand threshold and can no longer self - maintain. 4) Assessment of dredge effort. 5) Documentation of a consistent "monitoring program" and pre -storm data for FEMA reimbursement. In addition, the monitoring program tracks changes in channel width and tracks change in morphology and water depth along the inland channel segment adjacent to the MBCHC. These proactive measures are possible due to timely information provided through seasonal monitoring and analysis. Unscheduled gaps in the seasonal survey schedule result in gaps in understanding of the system and quantification of change. EXHIBIT "A" Page 10 of 16 Legend Aug 2003 (f Sep 2012 May 2012 ( !Lt Figure 9. Shoreline position in the region sheltered by the jetties. Seasonal Monitoring and Long -term Channel Management The key to successful management of an inlet system is knowledge of the processes that force sand into and out of the system; and to identify developing trends in sediment transport, particularly after major changes such as channel dredging or in the case of storm damage. Seasonal monitoring at Packery Channel provides tracking of changes which allows both 1) identification of trends in sediment transport and 2) deviation from those trends that could indicate a change in system dynamic and need for management action. The monitoring program has documented both a seasonality and event driven component to sediment transport in this system with shoaling most prevalent during the summer and after storms. Future monitoring will determine if the change in channel depth due to dredging will alter the magnitude and rate of such seasonal change. Monitoring Program Tasks This proposal describes the 2012/2013 amendment to the existing contract for the Packery Channel Monitoring Program. The five Tasks are outlined as a guide following the successful program implemented in 2008. The goal of the 2012/13 year is to measure and document changes in channel morphology as shoaling resumes post- dredge. This information will assist the City of Corpus Christi in determining whether additional dredging during 2012 is required to maintain navigation at the channel mouth. In addition the program will continue to assist the City in the anticipation of the next dredge event EXHIBIT "A" Page 11 of 16 and document pre -storm beach width and volume for FEMA reimbursement should the area sustain damage during hurricane season. These tasks may be conducted simultaneously or independently and in the order that best supports the monitoring program goals. Task 1. Project Management and Aerial Photography 1 -1. Project Management Project management includes historic analysis, reporting, survey organization and scheduling as well as presentations and generation of materials requested by the City of Corpus Christi. Additional support includes coordination with surveyors, engineers and other environmental professionals to assist the City of Corpus Christi with related projects including potential dredge operations and /or FEMA reimbursement for storm damage. Estimated Cost: $43,466 1 -2. Aerial Photography Description: Acquisition of an annual set of rectified aerial photographs of the Packery Channel region including the entire channel from the GIWW to the Gulf of Mexico (GOM); including North Padre and Mustang Islands from the south end of the seawall to Newport Pass. Photographs are applied in ArcGIS environment for comparative analysis of change relative to key features and as a reference for overlay of data and terrain models. Bids received during 2011 show that the cost of aerial photography has increased reportedly due to increases in fuel costs. Purpose: For interpretation of large -scale changes in vegetation, dune line, and inter- tidal regions adjacent to the inland segment of the channel as well as along Padre and Mustang Islands. In addition, the aerials are appropriate for visuals and explanation aids to residents and laypersons. Schedule: (1) annual set conducted Aug /Oct 2012 (pending weather conditions). Estimated Cost: $16,210 Task 2. Measurement of Morphologic change in Packery Channel and along Mustang and Padre Island. 2 -1. Beach Profile Survey Description: The beach profile survey provides information on changes occurring at 18 specified locations from the Nueces Kleberg County Line to north of Fish Pass. There are historic data for these locations since 1995. Elevation measurements are collected along transects that initiate landward of the dune or other landward limiting feature (seawall or pavement) and extend offshore up to one mile into the Gulf of Mexico. Purpose: To document changes in features such as the dune toe (seaward limit of dunes) berm crest (most landward point of active sediment transport on the beach), and sand bars. The data are applied to calculate volumetric change along historically surveyed areas of the beach and applied to calculate sand volume which is required for sand placement and documentation for FEMA funding. Data is also applied to verify shoreline position data and to determine the maximum region of sheltering (Zone of Influence) by the j etties. Schedule: (1) annual survey conducted during peak summer condition (Sep /Oct 2012). Estimated Cost: $ 38,628 2 -2. Shoreline Position surveys Description: Elevation data are collected by RTK GPS across the beach from close to the dune toe to the water line along a zigzag path. The beach is surveyed from south of the Nueces Kleberg County Line to north of Fish Pass. Purpose: These surveys are an efficient and low -cost way to measure changes in the width of the dry beach over the broad study area. Within days, a large section of the beach can be measured to determine changes in shoreline position from which regions of beach erosion and accretion can be determined and potential "hot spots" can be identified. Monitoring the seasonal position of the shoreline assists in management of beach vehicular access south of the inlet and addresses persistent regions of shoreline recession that have been identified fronting the North Padre Island Seawall and Whitecap Blvd as well as regions of receding shoreline north of the inlet near Newport Pass. Schedule: (2) Surveys. Tentative survey schedule: Sep /Oct 2012, Jan/Feb 2013. Estimated Cost: $14,209 2 -3. Surveys of channel and nearshore depth and morphology (bottom features) Description: These bathymetric surveys combine single -beam and multi -beam sonar coverage to provide high resolution of morphology (shoals, scour and bars). Seasonal series of data is applied to interpretation of pathways of sediment transport. Purpose: Data is applied to define features such as shoals (areas of deposition) and scour (areas of erosion) in the channel, nearshore and around structures. This data is applied to determine pathways of sediment transport and to calculate volumetric change for application to the estimation of the sand volume available for dredging. The data are applied to interpret trends in sediment transport as well as to calculate volumetric change, the calculation of sand loss or gain, for nourishment projects, and to identify potential regions of shoaling which could limit navigation. A primary application of this data is to assist with determining potential scheduling of dredging. Schedule: (3) Surveys. Tentative survey schedule: Sep /Oct 2012, Jan/Feb 2013 and June 2013. Additional surveys may be required if data indicate that depth - limited navigation is imminent. Estimated Cost: $ 102,322 2 -4. Inland Channel Segment and Mollie Beattie Coastal Habitat Community (MBCHC) Description: The inland channel segment bordering MBCHC continues to modify as the region adjusts to changes in water flow in the channel and over the wetland. These changes are best captured seasonally through a network of cross - sections that document changes in wetland extent, channel boundaries and shoreline change. Elevation is measured along transects (survey lines) roughly perpendicular to channel orientation starting at the location of mean higher high water (MHHW) shoreline position along the south shore and then extending across the channel to the location of MHHW shoreline position or until a limiting feature (such as coverage of a raised placement area) is defined. Measure the MFEHW shoreline position along the south shore of Packery Channel from the HWY 361 Bridge to the Relief Channel west of the channel dog leg. Purpose: These surveys define change in the inland segment of the channel that borders the MBCHC and changes in the elevation of the wetland. Analysis of these data sets provide quantification of change in primary ( -5 ft) and upper bank (MSL) width along MBCHC. In addition the MHHW position of the west side of the inland channel segment (residential) is surveyed and compared to previous surveys to determine historic change in position. Schedule: (2) Survey Sets (Transects and MHHW). Tentative survey schedule: Sep /Oct 2012, Jan/Feb 2013. Additional surveys may be required if data indicate that the rate of change has increased during the study period. Estimated Cost: $ 32,419 2 -5. Event /Transitional Survey and /or Dredge Support Description: In a continued effort to respond to reported City of Corpus Christi budgetary constraints, the monitoring program continues at a modified schedule to include (2) seasonal surveys (Sept/Oct 2012 and Jan/Feb 2013) and (1) transitional survey (June 2013). To accommodate monitoring concerns beyond these seasonal surveys this task provides for event survey or other survey requirements as needed. Such support outside of seasonal surveys could include but is not limited to dredge support, engineering support, environmental assessment (wetland), and sand placement activities outside the seasonal survey scope. The primary purpose of the event surveys is to facilitate timely pre- or post- storm surveys. Surveys may be needed beyond the seasonal designation, such as after storms, and to assist with the investigation of sensitive environmental habitat or anthropogenic influences on the coastal environment that are identified during the course of the three seasonal surveys. The cost is based upon the following survey suite but may be utilized as needed: a. Shoreline position survey (1) Task 2 -2 b. MBCHC (1) Task 2 -2 OR Full Beach Profile Survey (1) Task 2 -1 c. Bathymetric channel and nearshore survey (1) as described in Task 2 -3 d. Modified beach profile survey of seawall nourishment area south of Packery Channel (Includes profiles at 400 -ft to 1100 -ft spacing to accommodate more accurate beach volume calculation for FEMA). Purpose: To define morphology immediately before or after a storm event or related to sensitive habitat such as the MBCHC without time restrictions associated with the amendment process. Schedule: Estimated Cost: up to $67,135 Total Estimated Cost to City of CC: $ 314,389 Deliverables: ASCII data sets (x,y,z) NAVD88 State Plane south Zone FIPS 4205 Email status report (monthly or as updates are available) Status Reports (post- survey quarterly reports) Note: all surveys may be rescheduled based upon study findings or weather and sea conditions. Additional surveys may be recommended upon seasonal findings or evidence of change based upon observations in the field. Budget Next Page Estimated Budget June 2012 to June 2013 Personnel Principal Investigator Database Management/support and technical staff Subtotal Personnel Benefits Total Personnel $ 54,836 $ 13,035* $ 67,871 $ 17,850 $ 85,721 Travel (Transportation to Surveys) Truck/fuel $ 1,000 Total Transportation $ 1,000 Other Project Costs Materials and Computer (software upgrades $ 1,500 Repair Allowance, Backup /Archive) Surveying /post processing (Contractual) $ 180,200 Aerial Photography (Contractual) $ 10,000 Total Transportation and Other Project Costs $ 2,500 Subtotal contractual $ 190,200 Subtotal salary and wages $ 67,871 F/A (53% salary and wages) $ 35,972 Project Total $ 314,389 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Texas A &M University- Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 2. Partnership 5. Other 78412 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessaiT, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N.A. 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N.A. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N.A. 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. Dr. Luis Cifuentes Vice President Certifying Person: Title: (Type or Peat) Signature of Certifying Person: DEFINITIONS Division of Research, Commercialization and Outreach 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. "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. g. "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. "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." "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 "B" Pae2of2 AGENDA MEMORANDUM Future Item for the City Council Meeting of 8/14/12 Action Item for the City Council Meeting of 8/28/12 DATE: August 2, 2012 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Resolution to declare intent to establish a Street User Fee, approve rate design, and establish policy. CAPTION: Resolution declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. PURPOSE: The Resolution formalizes Council's intentions regarding establishment of a Street User Fee for street maintenance as well as addresses policy questions necessary for the development and implementation of the Fee. BACKGROUND AND FINDINGS: On July 7, 2012 City staff presented their recommendation regarding a Street Improvement Plan and funding. Part of this recommendation included the implementation of a Street User Fee which would fund maintenance (seals and overlays) of streets in Fair or Good condition. Staff is seeking a confirmation of City Council's intent to move forward with the implementation of a Street User Fee. Additionally, Council direction regarding specific aspects of Street User Fee policies is requested in order that staff may continue its work in development and implementation of the Fee. ALTERNATIVES: Council may choose not to move forward with the Street User Fee at this time. OTHER CONSIDERATIONS: Having guidance on the street user fee billing basis, rate design, and other aspects of developing a new street user fee at an early date allows staff to move forward on a timely basis in order to meet the desired implementation date. Delay in resolving some of these questions or in providing the necessary guidance to develop the fee components may result in an inability to implement timely. CONFORMITY TO CITY POLICY: The Resolution follows all appropriate policy. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends passage of the resolution in all of its parts. LIST OF SUPPORTING DOCUMENTS: None. RESOLUTION Declaring intent to establish a street user fee for implementation in FY 2013 -2014; approving the design concepts for street user fee rates; and establishing policy relative to establishment of a street user fee. WHEREAS, City Council has created a Strategic Goal for a Street Improvement Plan which includes creating a dedicated funding source; and WHEREAS, on November 16, 2010 City Council passed Resolution No. 028862 creating a Street Maintenance Finance Ad Hoc Advisory Committee (Committee) to evaluate funding options for street repair and maintenance and to develop a street maintenance funding plan; and WHEREAS, the Committee proposed certain funding options and staff developed a street maintenance funding plan; and WHEREAS, a schedule of street user fees must be approved; and WHEREAS, various street user fee policies will affect the calculation of street user fee revenues and use rates; and WHEREAS, City staff needs preliminary guidance on policies to develop a budget framework; to design changes to the City's billing software ( "HTE ") system; and to calculate the estimates of street user fee revenues and rates. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Actions will be taken during Fiscal Year 2013 to establish a street user fee and associated policies, with an effective date of August 1, 2013. SECTION 2. The street user fee revenues will be directed to the Special Revenue Streets Fund. SECTION 3. The street user fee will be a supplemental source of revenue to be dedicated solely to street maintenance. SECTION 4. Prior to street user fee implementation, staff will develop a street maintenance budget work plan. SECTION 5. The City will investigate possibilities and benefits of other funding mechanisms as additional future sources of funding to reduce the revenue requirements and rate of the street user fee. SECTION 6. The basis of service measurement will be to use living area square footage as recorded by the Nueces County Appraisal District tax records and Trip Factors derived from trip generation rates published by the Institute of Traffic Engineers. Page 1 of 4 SECTION 7. Land use designations used to determine the appropriate Trip Factor to be applied will be based on the Texas Land Use Code classification as recorded by the Nueces County Appraisal District tax records. SECTION 8. The City finds that it is reasonable and equitable to assume that each non - irrigation water meter in the service area serves a user of a benefitted property. Therefore, the Street User Fee will be charged to active non - irrigation water meters. SECTION 9. The rate design for street user fee charges will be based on the Equivalent Residential Unit (ERU) approach. SECTION 10. Land use designations will be consolidated into Trip Factor classifications which then will be applied against the ERU. SECTION 11. Residential accounts will be tiered based on living area square footage. SECTION 12. Non - Residential accounts will be capped at 5,000 square feet living area per active water meter. SECTION 13. For attached commercial, attached housing, and mobile homes, street user fee charges will be billed: (i) to the customer where individually metered; and (ii) to the property owner where master metered. SECTION 14. The following properties shall be exempt from the street user fee: A. City, county, state or federal property. B. Independent school district property. C. Non - metered property. SECTION 15. A person may appeal the street user fee charge as it applies to active water meter status. SECTION 16. Adjustments to the street user fee charge associated with corrections to living area square footage or Texas Land Use classification may occur only after Nueces County Tax Appraisal District updates their records and the updated records are downloaded into the City's billing system. Adjustments may not be applied retroactively. SECTION 17. No credits may be applied to the street user fee charge. SECTION 18. Failure of a customer /user to pay street user fee charges when due will subject such user to discontinuance of utility services provided by the City at that service address or at any other address of that delinquent user. The City may place a lien on the property of a delinquent user after having discontinued any utility services, provided that discontinuance of utility service is possible. SECTION 19. This resolution takes effect immediately upon its passage. Page 2 of 4 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor Page 3 of 4 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Kelly Allen Larry Elizondo, Sr. Mark Scott Chris Adler Priscilla Leal John E. Marez Nelda Martinez David Leob Page 4 of 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: August 16, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Hutton Company (Case No. 0712 -02) Change from "RS -6" Single - Family 6 District to "CN -1" Neighborhood Commercial District Property Address: 1221, 1225, 1237 Horne Rd. PUBLIC HEARING — ZONING Case No. 0712 -02: Hutton Company: A change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District, resulting in a change of future land use from low density residential to commercial. The property to be rezoned is described as Laguna Acres, Block 1, Lots 2, 3 and 4, located near the southwest corner of Columbia Street and Horne Road. PURPOSE: The purpose of this item is to rezone the property from a single - family zoning district to a commercial district to allow for the construction of a retail store. RECOMMENDATION: Planning Commission & Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District to allow for the construction of an 8,500- square -foot freestanding retail store on a 1.14 -acre site. The project site consists of four lots. The corner lot, Lot 1, is already zoned "CN -1" Neighborhood Commercial District, and the rezoning of the additional three lots would be an expansion of the existing "CN -1" District. To the north of the subject property is a public golf course and drainage corridor in an "RS -6" Single - Family 6 District. Single- family houses are located to the south and west of the subject property, which are also in an "RS -6" District. On the corner of Columbia Street and Horne Drive is a low- intensity commercial use and a single - family house in the "CN -1" Neighborhood Commercial District. Across Columbia Street is a drainage corridor and a commercial use in the "CG -2" General Commercial District. The proposed rezoning is an acceptable expansion of the adjacent "CN -1" Neighborhood Commercial District. Additionally, a commercial use on the subject property benefits from direct access to an arterial -type street (Horne Road). Lastly, the Unified Development Code affords protection of the adjacent single - family uses by means of setbacks, buffer yards, screening, and stricter lighting standards. ALTERNATIVES: 1. Approve an intermediate zoning district or Special Permit; or 2. Deny the request. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the adopted Future Land Use Map but it meets the criteria of the Comprehensive Plan and Southeast Area Development Plan by encouraging infill development and locating commercial establishments with direct access to an arterial road so that traffic is not directed through local residential streets. 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: Planning, Legal, and Planning Commission 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. Aerial Overview Map 2. Background Report with Exhibits 3. Ordinance with Exhibits ��' '`ri �; ZONING REPORT No.: 0712 -02 HTE No. 12- 10000019 Planning Commission Hearing Date: July 18, 2012 Applicant & Legal Description Applicant /Representative: Hutton Company/ The Clower Company Owner: Mayan Sun Enterprises, LTD and Guadalupe Silva Reyes Legal Description /Location: Laguna Acres, Block 1, Lots 2, 3 and 4, located near the southwest corner of Columbia Street and Horne Road. Zoning Request From: "RS -6" Single - Family 6 District To: "CN -1" Neighborhood Commercial District Area: 1.14 acres Purpose of Request: To allow for the construction of a retail store of approximately 8,500 square feet. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family Vacant & Low Density Residential Low Density Residential North "RS -6" Single - Family Park & Drainage Corridor Park & Drainage Corridor South "RS -6" Single - Family Low Density Residential Low Density Residential East "CN -1" Neighborhood Commercial Low Density Residential Commercial & Low Density Residential West "RS -6" Single - Family Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for a low density residential use. The proposed change in zoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Plan. Map No.: 049041 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has 385 feet of frontage on Horne Road, an "Al" Minor Arterial Undivided street, and 110 feet of frontage on Columbia Street, which is a "01" Minor Residential Collector street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Horne Rd. "Al" Minor Arterial Undivided 95' ROW, 64' paved 100' ROW, 57' paved Not Available Columbia St. "C1" Minor Residential Collector 60' ROW, 40' paved 70' ROW, 40' paved' Not Available Zoning Report Case #0712 -02 Hutton Company Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District to allow for the construction of a retail store. The applicant is proposing an approximately 8,500- square -foot freestanding building on a 1.14 -acre site. The project site consists of four lots. The corner lot, Lot 1, is already zoned "CN -1" Neighborhood Commercial District and would be included as part of the project. The applicant is requesting this zoning change on the three additional lots. Existing Land Uses: Located to the north of the subject property is a public golf course and drainage corridor in an "RS -6" District. There are single - family houses located to the south and to the west of the subject property in an "RS -6" District. On the corner of Columbia Street and Horne Road is a low- intensity commercial use and a single - family house in a "CN -1" District. Across Columbia Street is a drainage corridor and a commercial use in a "CG -2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Buffering & Nuisance Abatement: The following are requirements of the Unified Development Code (UDC): 1. A 10 -foot wide buffer yard and 10 buffer points are required between the proposed "CN- 1" District and the adjacent "RS -6" District. 2. A seven -foot wall is required when noise generators, such as dumpsters or mechanical equipment (air conditioning units), are located adjacent to a single - family district. 3. Outdoor lighting is limited to a height of 15 -feet when located within 50 feet of a residential use, and light trespass shall not exceed one (1) footcandle. 4. Commercial structures must be setback from single - family uses a distance based on the height of the commercial structure. Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the property for low density residential uses. The rezoning is consistent with other aspects of the Comprehensive Plan, such as: 1. Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H) 2. Commercial development in residential areas may be allowed in situations where proponents of such change can demonstrate how rezoning changes will benefit the impacted neighborhood (filling vacant land) and the community. (Comprehensive Plan, Commercial Policy Statement D); and 3. Commercial activities that generate large volumes of traffic should have direct access to an arterial (Horne Road) without having to traverse low density areas. (Comprehensive Plan, Commercial Policy Statement F). Plat Status: The subject property is currently platted as individual lots and will be replatted to combine four lots into one lot. Zoning Report Case #0712 -02, Hutton Company Page 3 Department Comments: • Approval of the proposed rezoning would encourage infill development, which is a policy stated in the Comprehensive Plan. • The proposed rezoning is an acceptable expansion of the adjacent "CN -1" Neighborhood Commercial District to the east. • The Unified Development Code affords protection of the adjacent single - family uses by means of setbacks, buffer yards, screening, and stricter lighting standards. • The proposed commercial development will have direct access to an arterial roadway (Horne Road). Planninq Commission & Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District. Public Notifi cation Number of Notices Mailed — 22 within 200' notification area; 7 outside notification area As of August 2, 2012: In Favor In Opposition For 0.00% in opposition. — 0 (inside notification area); 1 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. Proposed Development Plan 0712 -02 Report, Hutton Company, FINAL for CC (8 -2 -12) Ordinance amending the Unified Development Code ( "UDC ") upon application by Hutton Company, on behalf of Guadalupe Silva Reyes (owner of lots 2 and 3) and Mayan Sun Enterprises, LTD (owner of lot 4) ( "Owners "), by changing the UDC Zoning Map in reference to Laguna Acres, Block 1, Lots 2, 3, and 4, from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for penalties; 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 Hutton Company, on behalf of Guadalupe Silva Reyes (owner of lots 2 and 3) and Mayan Sun Enterprises, LTD (owner of lot 4) ( "Owners "), for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 18, 2012, during a meeting of the Planning Commission, and on Tuesday, August 28, 2012, during a meeting of the City Council, 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 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. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Laguna Acres, Block 1, Lots 2, 3, and 4 (the "Property "), located near the southwest corner of Columbia Street and Horne Road, from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 049041). Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect the changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. 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 Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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 8. 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 City Secretary Joe Adame Mayor Page 2 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 Page 3 of 3 CLIFF MAUS TRACTS SUBJECT PROPERTY NE RD CG-2 ,415- 19 .20 21 - {1 -= 2,'22- LYLES ITA $T Al A A C R RM -3 2 -A 2- 19 -.49_ 20 20A 21 23 -D 06/20/2012 Prepared By: jeremym Department of tDevelopmenr Services CASE: 0712 -02 1. SUBJECT PROPERTY Subject Property EXHIBIT A LOCATION MAP AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: July 30, 2012 TO: FROM: Ronald L. Olson, City Manager Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Michael N. Gunning (Case No. 0712 -03) Change from "FR" Farm Rural District to "IL" Light Industrial District Property Address: 8018 Sedwick Road CAPTION: PUBLIC HEARING — ZONING Case No. 0712 -03 Michael N. Gunning: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change of future land use. The property to be rezoned is described as a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots, located on the north side of Sedwick Road and approximately 1,000 feet west of Rhew Road. PURPOSE: The purpose of this item is to rezone property from the "FR" Farm Rural District to the "IL" Light Industrial District to allow for the development of light industrial businesses. RECOMMENDATION: Planning Commission & Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: The purpose of the requested zoning change is to allow for future light industrial land use. At this time, there are no specific development or site plans to build on the property, however, there is interest from pipeline and drilling companies in acquiring all or a portion of the subject property. The applicant seeks to rezone the site as the first step in receiving proposals from prospective companies that have interest in purchasing the property. The subject property and adjacent properties to the north and east are vacant. The property across Sedwick Road is vacant and also occupied by commercial uses. Located to the west is a single - family residential neighborhood. A minimum 20 -foot buffer yard and a 40 -foot setback would be required between the subject property and the single - family houses to the west. A six -foot solid screening fence would also be required between the "IL" Light Industrial District and "RS -6" Single - Family 6 District. ALTERNATIVES: 1. Approve an intermediate zoning classification and /or Special Permit; or 2. Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the Comprehensive Plan and the Port /Airport/Violet Area Development Plan (ADP), which slate the subject site for light industrial use. 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: Planning, Legal, and Planning Commission 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. Aerial Map Overview 2. Zoning Report with Attachments 3. Ordinance with Exhibits A and B ZONING REPORT Case No.: 0712 -03 HTE No. 12- 10000020 Planning Commission Hearing Date: July 18, 2012 Applicant & Legal Description Applicant /Representative: Michael N. Gunning Owner: Eloy Salazar and Rick A. Martinez Legal Description /Location: Being a 19.15 acre tract of land out of Lots 23 and 24, H.B. Sheppard Farm Lots, located on the north side of Sedwick Road and approximately 1,000 feet west of Rhew Road Zoning Request From: "FR" Farm Rural District To: "IL" Light Industrial District Area: 19.15 acres Purpose of Request: To allow future light industrial development on the property Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Light Industrial North "FR" Farm Rural Vacant/Agricultural Light Industrial South "FR" Farm Rural & "IL" Light Industrial Vacant and Commercial Light Industrial East "FR" Farm Rural Vacant/Agricultural Light Industrial West "RS -6" Single - Family 6 Low Density Residential Low Density Residential 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.: 056045 Zoning Violations: None Transpor tation Transportation and Circulation: The subject property has 60 feet of frontage on Sedwick Road, a proposed Al Minor Arterial and is approximately 1,000 feet west of Rhew Road, which is a proposed C3 Collector as indicated in the Urban Transportation Plan. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Sedwick Rd. Al Minor Arterial Undivided 95' ROW, 64' paved 60' ROW, 20' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow for future light industrial land use. This change of zoning would be consistent with the future land use for the area set forth in the comprehensive plan. Zoning Report Case #0712 -03, Michael Gunning Page 2 Applicant's Development Plan: At this time, there are no specific development or site plans to build on the property, however, there is interest from pipeline and drilling companies in acquiring all or a portion of the subject property. Existing Land Uses: The subject property and land to the north, east, and south are vacant. Located to the south is also commercial use. Located to the west are low density residential uses. Buffer Yard: A minimum 20 -foot buffer yard would be required between the subject property and the property to the west where there is single family use. A solid screening fence would also be required between the "IL" Light Industrial District and "RS -6" Single - Family 6 District. Comprehensive Plan & Area Development Plan (ADP) Consistency: The Comprehensive Plan and the Port/Airport/Violet Area Development Plan (ADP) slate the subject property and most of the area immediately adjacent to the site for light industrial uses. The proposed change of zoning to the "IL" Light Industrial District would be consistent with the adopted Future Land Use Map. Plat Status: The subject property is not platted. Department Comments: • The Comprehensive Plan and Future Land Use Map call for the subject property to be used for light industrial purposes. • The change of zoning to "IL" Light Industrial would be consistent with the Comprehensive Plan. • The proposed zoning district is appropriate; however, a buffer would be required where adjacent to the single - family use. Planning Commission & Staff Recommendation (July 18, 2012): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District Notification Number of Notices Mailed — 65 within 200' notification area; 1 outside notification area As of August 15, 2012: In Favor In Opposition For 0% in opposition — 0 (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 K: \DEVELOPMENTSVCS \SHARED\ZONING CASES \2012 \0712 -03 MICHAEL GUNNING \0712 -03 REPORT FOR CC, MICHAEL GUNNING 8-14 - 12.DOC 36 37 848 3912 4849 UDSON AC',ES�ANNEX RHEW INDUS? R/AL TRACT' 16 HUDSON MAP 140 RMH NIT 1 $ SiUBJECT PROPERTY 400 800 Feet CASE: 0712 -03 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 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 Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition IL Date Created: 7/12/2012 Prepared By: jeremym Department of Development Services Ordinance amending the Unified Development Code ( "UDC ") upon application by Michael N. Gunning, on behalf of Eloy Salazar and Rick A. Martinez ( "Owners "), by changing the UDC Zoning Map in reference to a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots, from the "FR" Farm Rural 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 for penalties; 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 Michael N. Gunning, on behalf of Eloy Salazar and Rick A. Martinez ( "Owners "), for an amendment to the City of Corpus Christi's UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 18, 2012, during a meeting of the Planning Commission, and on Tuesday, September 11, 2012, during a meeting of the City Council, 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 the public health, necessity, convenience and 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. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 19.15 -acre tract of land out of Lots 23 and 24, H. B. Sheppard Farm Lots (the "Property "), located on the north side of Sedwick Road and approximately 1,000 feet west of Rhew Road, from the "FR" Farm Rural District to the "IL" Light Industrial District (Zoning Map No. 056045). Exhibit "A," which is a description of the Property, and Exhibit "B," which is a survey pertaining to the Property, are both attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect the changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. 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 Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. 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 8. 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 City Secretary Joe Adame Mayor Page 2 of 3 K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \0712 -03 Michael Gunning \Council Packet \0712 -03 Ordinanace, M. Gunning (8- 14- 12).docx 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 Page 3 of 3 K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \0712 -03 Michael Gunning \Council Packet \0712 -03 Ordinanace, M. Gunning (8- 14- 12).docx TexasGeoTech LAND SURVEYING, INC. 19.15 ACRES Being a total of 19.15 acres of land out of Lot Twenty - Three (23), and Lot Twenty -Four (24), H. B. SHEPPARD FARM LOTS, as shown by plat recorded in volume A, page 51, Map Records of Nueces County, Texas; Same being that certain tract recorded in Clerk's File number 2008010766 of the Official Records of Nueces County, Texas and being more fully described by metes and bounds as follows; BEGINNING at a set 5 /8inch iron rod set for the southwest corner of Lot 8, Block 1, of the HUDSON ACRES ANNEX a plat which is recorded in volume 43, Page 161 of the Map Records of Nueces County, Texas, same being the northwest corner of this tract; THENCE N 89° 17' 38" E - with the south line of said Lot 8, Block 1, a distance of 436,35 feet to a set 5l8inch iron rod for the southeast corner of said Lot 8, Block 1, and being the northeast corner of this tract; THENCE S 00° 29' 32" E - a distance of 1795.93 feet to a set 5 /8inch iron rod for the upper southeast corner of this tract; THENCE S 89° 25' 24" W - a distance of 178.94 feet to a set 5 /8inch iron rod for an inner comer of this tract; THENCE S 00° 29' 32" E - at a distance of 792.04 feet pass a 5 /8inch iron rod set on the north right of way line of SEDWICK ROAD, in all a distance of 822.04 feet to a point on the centerline of said SEDWICK ROAD and being the southeast corner of this tract; THENCE S 89° 18' 52" W - with the centerline of said SEDWICK ROAD, a distance of 60.00 feet to a point for the southwest corner of this tract; THENCE N 00° 29' 32" W - at a distance of 30.00 feet pass a 5 /8inch iron rod set on the north right of way line of said SEDWICK ROAD, in all a distance of 818.59 feet to a set 5 /8inch iron rod for an inner corner of this tract; THENCE S 89° 16' 08" W - a distance of 198.03 feet to a set 5 /8inch iron rod on the East line of Hudson Acres a subdivision recorded in volume 13, pages 44 -45 of the Map Records of Nueces County, Texas, for the upper southwest corner of this tract; THENCE N 00° 28' 22" W — with the East line of said Hudson Acres a distance of 1799.00 feet to the PLACE OF BEGINNING and containing 19.15 acres of land, more or less. This Field Notes Description constitutes a legal document, and, unless it appears in its entirety, in its original form, including preamble, seal and signature, surveyor assumes no responsibility or liability for its correctness. It is strongly recommended, for the continuity offutitre surveys, that this document be incorporated in all f eture conveyances, without any revisions or deletions. August 2, 2012 120703.doc Victor S. Medina Registered Professional Land Surveyor License Number 3419 SUBSIDIARY OF MEDINA CONSULTANTS 6330 SARATOG 4 BL I D. SUITE C — CORPUS CHRISTI, TEXAS 78414 — PHONE 361-993-0808— FAX 361 - 993 -2955 EXHIBIT A FND. 5/8" I.R. 39 40 • 41 ERNIE 2 3 4 5 6 7 8 9 10 12 13 14 y0? 16 17 18 19 20 21 22 23 24 25 26 39 40 HUDSON ACRES ANNEX LOT 8, BLOCK 1 VOLUME 43 - PAGE 161 41 • N89'17'38 "E STREET P.O.B. SET 5/8" I.R. PvQ� I C 0 0 0 Z 0 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2 3 4 5 6 0 N 00 8 N N 10 12 13 14 15 16 17 18 19 20 21 22 23 J 24 0 25 0 26 27 28 29 30 31 436.35' 19.15 Acres. 3z S89'16'08 "W 1 198.03' 33 34 ET 5/8" I.R Z 35 O N 36 O NO N 37 FND 5/838 I.R. II`I J¢M 39 WNO~ U ro Z 40 • Qwgg a 41 `�UQ 42 43 44 45 46 ET 5/8" I.R E WICK ROAED 00 O SET 5/8" I.R I. I 178.94' S89'25'24" 00 N 0 'A SET 5/8" 60.00' S8918'52 "W I.R. PLAT OF: BEING A TOTAL OF 19.15 ACRES OF LAND OUT OF LOT TWENTY -THREE (23) AND LOT TWENTY -FOUR (24), H.B. SHEPPARD FARM LOTS, AS SHOWN BY PLAT RECORDED IN A, PAGE 51, IMP RECORDS OF NUECES COUNIY, TEXAS; SAME BEING THAT CERTAIN TRACT RECORDED IN CLERK'S FILE NUMBER 2008010766 OF THE OFFICIAL RECORDS OF NUECES COUNTY, TEXAS. SET 5/8" I.R. GRANT IRIS POWELL CALLED 90.032 AC. DOC.# 850703 W.D.R.N.C. T. SET 5/8" I.R. EXHIBIT B NOTE: THIS SURVEY WAS DONE WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THUS SETBACKS OR EASEMENTS ARE SHOWN, IF ANY. I, VICTOR S. MEDINA, A REGISTERED PROFESSIONAL LAND SURVEYOR, 00 HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE- PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS- IS AUGUST 02, 2012. VICTOR 5. MEDINA REGISTERED PROFESSIONAL LAND SURVEYOR LICENSE No. 3419 N SCALE:1" = 200' LEGEND: • FND. 5/8" IRON ROD • SET 5/8" IRON ROD ALL BEARINGS AND COORDINATES REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, TEXAS SOUTH ZONE TEXAS GEO TECH LAND SURVEYING, INC SUBSIDIARY OF MEDINA CONSULTANTS 6330 SARATOGA BLVD. SUITE C Corpus Christi, TX 78414 (361) 993 -0600 Fax (361) 993 -2955 DATE: 08/02/12 DRAWN: RC SCALE: 1 200' SCALE: 120703 APPROVED: VSM SURVEY: BP AGENDA MEMORANDUM Future Item for the City Council Meeting of August 28, 2012 Action Item for the City Council Meeting of September 11, 2012 DATE: TO: August 14, 2012 Ronald L. Olson, City Manager Thru: Eddie Ortega, Director EddieO(ccctexas. com 826 -3224 FROM: Hector G. Vallejo, Program Manager hector@cctexas.com 826 -3027 Board of Director's Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Board of Director's Meeting of the Corpus Christi Community Improvement Corporation (CCCIC). PURPOSE: The purpose of this item is two -fold. First to appoint Councilman Kelley Allen to the CCCIC Board. Second to re- appoint three Committee members and appoint four new members. BACKGROUND AND FINDINGS: The City Council acts as the Board of the CCCIC. The resignation of former Councilman Kevin Kieschnick was filled by Mr. Kelley Allen. It is now necessary to appoint Councilman Kelley Allen to the CCCIC Board. The Bylaws of the Corpus Christi Community Improvement Corporation (CCCIC) provide for the Loan Review Committee members to be appointed by the CCCIC Board. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCCIC policies. EMERGENCY / NON - EMERGENCY: Non - Emergency requires only one meeting of the CCCIC Board. DEPARTMENTAL CLEARANCES: "Not Applicable" FINANCIAL IMPACT: "Not Applicable" ❑ 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: N/A RECOMMENDATION: 1. Conduct the meeting of the Corpus Christi Community Improvement Corporation. 2. Appoint Councilman Kelley Allen to the Board of the CCCIC. 3. Staff concurs with the Loan Review Committee's recommendation for appointment of new members as presented. LIST OF SUPPORTING DOCUMENTS: Agenda for Meeting Minutes of June 28, 2011, Board Meeting Treasurer's Report Approvals: AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION REGULAR MEETING DATE: Tuesday, September 11, 2012 TIME: During the meeting of the City Council beginning at 12:00 noon. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call Meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Nelda Martinez, President Ron L. Olson, General Manager Chris N. Adler, Vice - President Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Larry Elizondo, Sr. Vacant, Treasurer Priscilla Leal Constance P. Sanchez, Asst. Treasurer David Loeb John E. Marez Mark Scott 3. Motion appointing Councilman Kelley Allen as a Board member of the CCCIC. 4. Approval of the minutes of June 28, 2011 5. Treasurer's Report 6. Appointments to the Loan Review Committee 7 Public Comment 8. Adjournment MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION June 28, 2011 6:05 P.M. PRESENT Board of Directors Nelda Martinez, President Joe Adame Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb Mark Scott ABSENT Chris N. Adler, Vice President John E. Marez Officers Ronald L. Olson, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Vacant, Treasurer Constance Sanchez, Asst. Treasurer President Martinez called the meeting to order in the Council Chambers of City Hall at 6:05 p.m. Secretary Chapa verified that a quorum was present to conduct the meeting and notice of the meeting had been posted. President Martinez called for the motion to reappoint John Marez, Larry Elizondo, Sr., Priscilla Leal, Nelda Martinez, Joe Adame, Chris N. Adler, Kevin Kieschnick, Mark Scott, and appointing David Loeb as board members of CCCIC. Mr. Elizondo made a motion to approve, seconded by Ms. Leal, and passed. President Martinez called for the approval of the minutes from the May 10, 2011 meeting. Mr. Elizondo made a motion to approve the minutes as presented, seconded by Mr. Kieschnick, and passed. President Martinez called for the financial report. Assistant Treasurer Constance Sanchez referred to the summary of transactions for ten months ended May 31, 2011 and the fund balance was $17,729,049. The Board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Martinez opened discussion on Item 6, motion authorizing the General Manager or his designee to execute a FY2010 Subrecipient Funding Agreement between the Corpus Christi Community Improvement Corporation and Nueces County Community Action for $300,000 from the HOME Investment Partnerships (HOME) Program and to execute all related and necessary documents. Ms. Martinez made a motion to amend that any unspent monies from the NCCA would revert back to the CCCIC in order to be reprogrammed and utilized for other projects. Mr. Elizondo made a motion to approve the amendment, seconded by Ms. Leal. Secretary Chapa polled the Corporation for their votes: Minutes — CCCIC meeting June 28, 2011— page 2 6. MOTION AUTHORIZING THE GENERAL MANAGER OR HIS DESIGNEE TO EXECUTE A FY2010 SUBRECIPIENT FUNDING AGREEMENT BETWEEN THE CORPUS CHRISTI COMMUNITY IMPROVEMENT COPORATION AND NUECES COUNTY COMMUNITY ACTION FOR $300,000 FROM THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS AS AMENDED. The foregoing motion was passed and approved as follows: Martinez, Adame, Elizondo, Kieschnick, Loeb, and Scott voting "Aye "; Leal abstained; Marez and Adler absent. President Martinez called for public comment. There was none. There being no further business to come before the Board, President Martinez adjourned the meeting at 6:09 p.m. on June 28, 2011. a. CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/ LOAN REVIEW COMMITTEE - Eight (8) vacancies with terms to 5 -07 -14 and 5 -07 -15 representing the following categories: 4 — Professions (Legal, Real Estate, General Contractor /Remodeler/Homebuilder, Architect, Engineer, and Residential Home Designer) 1 - Financial Institution, and 3 — Community At Large. DUTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members to serve three -year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodeler/ homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 — member individually employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one -year term. MEMBERS *Alice Vaughan (Real Estate), Chair ** *Chris Hamilton (Community at Large) ***Cliff Atnip (Community at Large) David Cantu (Financial Inst.) *Keith Parker (Engineer) ** *Abel Alonzo (Community at Large) Barry Lobell (Community at Large) Maria Clarissa Lopez (Health/Human) ***Javier Arroyo (Financial Inst.) *Jodi Steen (Homebuilder) * * * Coretta Graham (Legal) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ORIGINAL TERMS APPTD. DATE 5 -07 -12 3 -16 -93 5 -07 -12 5 -26 -09 5 -07 -11 5 -27 -08 5 -07 -13 5 -12 -98 5 -07 -12 5 -26 -09 5 -07 -11 5 -27 -08 5 -07 -13 5 -12 -98 5 -07 -13 11 -17 -09 5 -07 -11 11 -17 -09 5 -07 -12 5 -26 -09 5 -07 -12 5 -26 -09 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Alice Vaughn (Real Estate) Keith Parker (Engineer) Jodi Steen (Homebuilder) NO. OF MTGS. NO. THIS TERM PRESENT 6 6 6 6 2 3 % OF ATTENDANCE LAST TERM YEAR 100% 33% 50% OTHER INDIVIDUALS EXPRESSING INTEREST: Jonathan M. Barlow Sam Esquivel Dalia Garcia Cynthia Laura Martinez Matt Teifke, Jr. Self - employed General Contractor/Handyman. Parking Lot Attendant. Volunteers with Texas State Aquarium and Mother Theresa's shelter. (At Large) (5/4/11) Housing Director, Nueces County Community Action Agency. Holds an Associates of Arts degree in Business Administration and Management from Del Mar College. Currently enrolled at Texas A &M University - Corpus Christi working towards a degree in Finance & Economics. (At Large) (Health/Human Services) (4/5/12) Retired from City of Corpus Christi, Neighborhood Services Department, Housing Administration Supervisor. Processed loan applications, compiled information for grants and mortgage loans. Confirmed accuracy of applicant information provided, meeting all policies and guidelines required. (At Large) (3/27/12) Internal Auditor, Nueces County Sheriff's Office. Received Associates in Applied Science degree — Networking Technology from Del Mar College. Currently working toward a Bachelor's Degree in Business Administration at the University of Incarnate Word. Activities include: Sheriffs Employee Association member. (At Large) (5/18/12) Realtor, Garron Dean & Associates Realtors. Currently 3rd year student at Texas A &M University — Corpus Christi, with History major, Social Work minor. Activities include: Big Brothers/Big Sisters of South Texas. (Real Estate) (At Large) (4/27/12) CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET June 30, 2012 ASSETS Loan Program Special Project HOME Program Fund Fund Fund Total Cash and investments 1,564,286 30 54,245 1,618,561 Due from U S Government/Other Fund 0 240,000 235,000 475,000 Mortgages receivable 9,500,986 0 5,031,440 14,532,426 Accrued interest receivable 10,198 0 0 10,198 Account receivable 0 0 0 0 Leasehold improvements (net of accumulated amortization) 0 0 0 0 Investment in property (net of accumulated depreciation) 104,390 21,047 0 125,437 Total assets 11,179,860 261,077 5,320,685 16,761,622 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 0 0 0 0 Deposits 88,471 0 0 88,471 Due to other funds 475,000 0 0 475,000 Total liabilities 563,471 0 0 563,471 Fund Balance: Reserved for mortgages 9,500,986 0 5,031,440 14,532,426 Reserved for Investments 104,390 21,047 0 125,437 Unreserved 1,011,013 240,030 289,245 1,540,288 Total fund balance 10,616,389 261,077 5,320,685 16,198,151 Total liabilities and fund balance 11,179,860 261,077 5,320,685. 16,761,622 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE ELEVEN MONTHS ENDING JUNE 30, 2012 Loan Program Special Project HOME Program Fund Fund Fund Revenues: Total Contribution from Federal Government 0 0 652,220 652,220 Interest on loans 46,145 0 10,976 57,121 Interest on investments 141 2 83 226 Rental income 0 0 0 0 Miscellaneous 1,566 0 424 1,990 Total revenues 47,852 2 663,703 711,557 Expenditures: Grants 0 0 0 0 Warranty Work 0 0 0 0 Community Development administration 0 0 0 0 Loan processing 675,385 0 957,160 1,632,545 Accounting services 0 0 0 0 Interest expense 0 0 0 0 Miscellaneous 0 0 0 0 Accumulated amortization- 0 0 0 0 forgivable loans 0 0 0 0 leasehold improvements 0 0 0 0 Accumulated depreciation - building 6,941 0 0 6,941 Total expenditures 682,326 0 957,160 1,639,486 Excess of revenues over expenditures (634,474) 2 (293,457) (927,929) Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 0 0 Transfer To CDBG 0 0 0 Total other fnancing sources(uses) 0 0 0 0 0 Excess (Deficit)of revenues and other financing sources over expenditures and other uses (634,474) 2 (293,457) (927,929) Fund balances at August 1, 2011 11,250,863 261,075 5,614,142 17,126,080 Fund balances at June 30, 2012 10,616,389 261,077 5,320,685 16,198,151 AGENDA MEMORANDUM for the City Council Meeting of August 28, 2012 DATE: August 15, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 UPDATE TO CITY COUNCIL Presentation on Status of New Broadway Wastewater Treatment Plant STAFF PRESENTER(S): Name 1. Daniel Biles, P. E. 2. Foster Crowell 3. OUTSIDE PRESENTER(S): Title /Position Director Director Department Engineering Services Wastewater Department Name Title /Position Organization 1. William Causey, P. E. Project Manager Carollo Engineering 2. Dan Leyendecker, P. E. Principal LNV Engineering 3. BACKGROUND: This presentation will update the City Council on the current construction status of this project. This presentation is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS: PowerPoint C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \ PACKET \970 CITY COUNCIL_8_28_2012 \0034 1 MEMO - BROADWAY PRESENTATION.DOCX PHASE 1 CONSTRUCTION N'N:t.f ri3Q SV X32. H 7,4f1.) Si7r, , .LN71d IN 311J 2EUVM31SVM AVMOb'O2i8 M3N O Q O N O vo V Vs N E •> Qi - a Q N °) N cV 0 C LO z ,c E - -a a rts • c c m zN- = _ a u) LL a cn L U) X o a) Lu \ L L O c O fB 0 U •, cu 3 c zz c_ a) 7, E c z fv O 2 ma PHASE 2 (DEMOLITION) PHASE 2 CONSTRUCTION Entire site is fenced. PHASE 2 DEMOLITION E Qi J) vJ a) w LL (C V E a) 0 c M Resaca Street is closed. • Construction Traffic is routed through the Port Area ▪ — • tea -0 +▪ r 0 ' )7 w W .0 Plant and Equipment difficult to maintain and operate due to age • • Flexible treatment process Increased peak flow capacity — Efficient equipment and processes — Odor control system helps make plant a Good Neighbor — Minimum service life of 50 years _ E C 1. City of Corpus Christi, Wastewater Operations: • — Continuous Operation of Existing Plant During Construction. — Plant Operations Staff Currently Training To Transition To New Process. Graham Construction: • — Zero Lost Time Accidents (May 2011- May 2012). — 227,500 Safe Man Hours Worked (May 2011- May 2012). — TCEQ Draft Permit Received For New Process. — Carbon Odor Control System Selected to Reduce O &M Costs. — <0.5% Change Orders Executed to Date. _ E C 1. -a ,o ea 0. • E N o W Mar04, 2013 Mar 06, 2013 Nov 14, 2013 Jan 13, 2014 0 h. h. o 01 w O O O O V N N N N .. 0 C i p 01 m o N N U 1 U L o U 4) Q N +_, V O Q eL Q w w 0:1) w 0_ 0_ CO co O 0 a--+ a--+ U U c c ca ca co co • c CO CO rt3 co L V) V) = = l rl N N (r) (r) 4) 4) 4) 4) an an (f) (f) (/) (/) ca ca CO CO CO CO _C _C CL CL CL CL Project Phase Phase 1 and Phase 2 Complete: June 2013 Contract° Estimated Cumulative 0 ; in 0 1- 0 1 a in in W rx 0 0 rx a z 0 I- 0 rx in z 0 0 ( c - 0_ O L 0- L.L. •- N z o c c co O V = O O = +_+ O i co +-+ N cam/) O = V - • IIIMEME1111.- MN= • r 0 U •- 4-• • E w co w au tto t1 MgRrio CU 0 CO CU CU CU V CO O O CO CU Q ca •- +� = w • a) E Q uJ LUV V O E +-) ca q - v ) ca c ca C • won ,K • • CU CU Q E 0 U co cry E a) 4) r Odor Contro • AGENDA MEMORANDUM for the City Council Meeting of August 28, 2012 DATE: August 15, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 UPDATE TO CITY COUNCIL Presentation on Downtown Streets Chaparral (Bond 2008) STAFF PRESENTER(S): Name 1. Daniel Biles, P. E. 2. Oscar R. Martinez 3. OUTSIDE PRESENTER(S): Title /Position Department Director Engineering Services Assistant City Manager Public Works Name Title /Position Organization 1. 2. 3. BACKGROUND: This is a presentation on the Bond 2008 Project Downtown Streets — Chaparral. Staff will update City Council on current project status and available options to move forward. Staff is soliciting Council direction on how to proceed and will return to the September 11, 2012 council meeting with a Resolution in support of Council's directive. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation City Manager Report Memo dated August 8, 2012 City Manager Report Memo dated June 7, 2012 INFORMAL STAFF REPORT M EMORANDUM To Ron L. Olson, City Manager Thru: Oscar R. Martinez, Assistant City Manager From: Dan Dan Biles, P.E., Director of Engineering Services) Date: August Eti 2012 Subject: Bond Issue 2008: Downtown Streets - Chaparral Project Issue/Problem On Wednesday, February 29, 2012, the Downtown Streets - Chaparral Project accepted bids and the bids received were significantly over the budgeted amount. The project plans were then modified and clarified and the project was re-bid on May 30, 2012. The same two general contracts submitted new bids, and again, they were over the approved project budget. At the July 31, 2012 Council meeting, staff was requested to further investigate the cause of the elevated bid pricing and evaluate alternatives that would bring the project closer to within the original budget. Background & Findings This project was approved in the November 2008 Bond Election with a $2,000,000 budget for the non-utility portion of the work, another $1,500,000 is budgeted for the utility improvements. The description of the project as outlined in the voter information packet is: "This project will convert Chaparral Street into a two way street from Schatzel Street to Williams Street as a demonstration project. This will include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement, street lights and traffic control. New trees, shrubs, irrigation, landscape lighting and other amenities are also included." The June 7, 2012 Staff Report to Council that is attached to this report contains further background on this project (Attachment 1). Last week, staff met with one of the two local large contractors (Haas Anderson Construction) that built a bid for this project, but ultimately did not submit a bid. We did this to get their perspective on the cost of the project and where we could look for cost reductions. As a result of that discussion and further discussions with the Architect and other consultants on the 4 project, several design elements have been identified that could be removed from the project to reduce the overall project cost while remaining within the bond project description. 1. Catenary Lighting: $1,330K 2. Specialized Light and Signal Poles: $500K (required for the Catenary lighting) 3. District Markers: $75K 4. Concrete Roadway Pavers: $210K 5. Concrete Pavers at Intersections only: $60K 6. Concrete Pavers & Covers at Sidewalks: $630K 7. Fixed & Removable Bollards: $110K Overall cost benefit with these options would be approximately $2.9M. This would reduce the total construction budget from $6.4M to approximately $3.5M. This reduces the additional budget requirements from $4.8M to roughly $1.8M. If decision would be made to approve all the above reduction options, the project would have; a patterned/colored concrete surface street with curbs, eight-foot parking lanes and 12 foot concrete sidewalks. The project will also include landscaping and irrigation, planters, benches, trash receptacles, specialized parking meters to enhance the overall atmosphere of the street. New signals will be installed at the three (3) intersections due to the reconfiguration from one- way traffic to two-way traffic. In addition, AEP lighting fixtures will be installed along the interior of the project to enhance pedestrian safety. New underground infrastructure for Water, Waste Water and Storm Water will also be installed as part of the project. Conclusion The City'could proceed in several directions at this point including: Option One: Re-design the project with the cost reductions as outlined above. If directed to proceed with this option, the project would re-bid later this year with an expected Council award in late January or early February next year. Option Two: The project could proceed awarding the base bid and a combination of additive alternates as currently designed. Additional funding required could come from either surplus Bond 2008 Street proceeds or the City could issue Certificates of Obligations similar to what was done to complete the Bayfront Master Plan Phase 1 construction contract to stakeholder expectations. Option Three: The project could be discontinued at this time and funded in the future through either a general bond election or through the use of the existing downtown tax increment financing district funds. If you have any questions, please call Dan Biles, P.E., Director of Engineering Services at telephone number (361) 826-3729 or email at danb@cctexas.com. INFOR A STAFF REPORT MEMO NDUM To. Ron L. Olson/ City anager Thru: Oscar R. Martinez/ Assisthnt City Manager From: Dan Bii :, P.E., Interim Depa ent H Da June 7,2012 Subject: Bond Issue 2008: Dow Ch ap arras P Issue/Problem On Wednesday, February 29, 2012, the Downtown Streets - Chaparral Project accepted bids and the bids received were significantly over the budgeted amount. The project plans were then modified and clarified and the project was bid on May 30, 2011 The same two general contracts submitted new bids, and again, they were over the approved project budget. Background Finding: This project was approved in the November 2008 Bond Election and on June 29, 2010 a contract was Issued to Glgnac and Associates to begin the preliminary design phase of this project to Include seeking public input and develop conceptual plans for this project A stakeholders meeting was held on August 3, 2010 and again on October 26, 2012 to solicit public feedback from major stakeholders on project support, concerns, and concepts. On January 25, 2011, the consultant made a presentation to City Council with the results of their findings and a proposed matic of the project. On April 26, 2011, an amendment was awarded to Gignac and Associates to begin developing final project plans based on public and City Council input On the February 29th bid date, the AJE construction prate was $3,171,355 (base bid only) and the low bid was $4,906,420. (See Attachment One) After consulting with the project consultant, City staff rejected bids because of high prices. It was determined that the sole sourcing of many items was partially responsible for the higher prices. The consultant was instructed to re-work the specifications and the project would re -bid. Upon re -bid, the prices were not substantially lower. City staff feels the higher prices are reflective of the character of the project 6 d Int rmationt This project consists of the redesign of the roadway, utiliti. es and sidewalks of Chaparral Street between William Street and Schatzel Street. The • t portion will consist of a concrete surface street with eight -foot parking lanes. New signals will be installed at the three (3) intersections. The panting lanes will be constru ww. of designed, colored pavers. Adjacent twelve -fort sidewalks will consist of contrasting designed colored pavers, planters, benches, trash receptacles, specialized parking meters and street lighting. The base bid will also include landscaping and irrigation to enhance the overall atmosphere of the sr-t. As part of this project, regulred utility improvements include the complete replacement of the affected wastewater, water and storm water lines with new drainage system, fire hydrants and manholes. The project Includes five (5) additive alternates consisting of: Additive Alternate #1: Catenary Lighting at Intersections of William, Lawrence and Schatzel (Catenary is specialized lighting that will replace the street lighting included in the base bid) hive Alternate #2: Catenary Lighting at the three (3) intersections and mid blocks. Additive Alternate #3: Roadway Pavers (between intersections) covering the concrete street. Additive Alternate #4: District Sign age with lighting (to be located on IH 37 for visitor information) Add ti ve Alternate #5: Partial Closure of ad way (Ba d consl of full closure) On the May 30th bid, proposals were recely ed from two contract()i The difference in lowest base bid price between the two bid dates is $87,358 lower in bid two. Attachment Two) Conclusion, The City could proceed in several directio at this point Including: Option One: The project could be re- modified and re -bid to bring the price within the currently budgeted amount. This would greatly affect the design of the proje ct and the desired character of the improvements, The result would not be the level of enhancement the stakeholders have proposed for the area. Option r The project could be discontinued at this time and funded in the future through either a general bond election or through the use of the existing downtown tax increment financing district funds. Option Th :: The prof' could proceed awarding the base bid and a combination of additive alternates that accomplish the desired stakeholder outcome. Additional funding required (See Attachment Three) could come from either surplus Bond 2008 Street proceeds or the City could issue Certificates of Obligations similar to what was done to complete the Bayfront Master plan Phase 1 construction contract to stakeholder expectations. 9 7 Chaparra' 1st Bid Project was bid on Feb -29- 2012. Two general contractors bid below, e ob and bid r ere as shown Des 1ption Reytec Construction Inc. Texas Sterling Co. TOTAL BASE 8ID BASE BID PLUS ALTERNATE NO. 1 BASE BID PLUS ALTERNATE NO. 1+2 BASE BID PLUS ALTERNATE NO. 1+2+3 E BID PLUS ALTERNATE NO. 1+2+3+4 E D PLUS ALTERNATE NO. 1 +2 +3+4 +5 SE BID PLUS ALTERNATE NO. 1 +2 +3 +4 +5 +6 $4,906,428.00 $6,106,428.00 $6,292,803.00 $7,192,803.00 $6,852,803.00 $6,902,8.03.00 $6,918,803.00 $6,297,631.20 $7,392,631.20 $7,603,856.20 $8,448,1 6.20 $8 68,506,20 D PLUS ALTERNATE NO. 1+2+3+4+5+6+7 NO BID 448,506.20 A/E project estimate for base bid was $3,171,355 and lowest base bid received was $4,906,428. Out of 4 general contractors, only two bid the job. After bid evaluation, the bids were rejected because of high bid prices. 2" 61d: The project plans were modified to address bidders concerns during first bid and to eliminate soul sourcing of specialized items. Project estimate was revised by A/E and project was re-bid on May -30- 2012 and bid results are as follows; Tot Base Bid Additive Alternate No. 1 Desc Rey Construction Inc.. $4,819,070.00~ Texas Ste Additive Alternate No. 2 Additive Alternate No. 3 Additive Alternate No. 4 $738,056.00 1,310,852.00 $208,740.00 $74,700010 $4,990,408.c 645,572.00 14,764.00 $211,225.00 $27,450,00 Additive Alternate No. 5 NO BID Description of base bid and Additive Alternates is shown in Exhibit A attached. $ 20,000.00 The City received bids from two general contractors again this time. A/E project estimate for base bid is $3,739,300 and lowest base bid received is $4,819,070. The available funds for construction are $2,516,426. In order to award the construction contract, minimum and maximum additional funds required have been shown In Exhibit B. 10 Attachment 1 D ROVEMEN T TO SCHATZEL STR tD P ECT NO. 8510 Reyt.c ; ' axis Stori Construction Construction REDID REBID �DESC IFeriON, •Civil COU AMOUNT _ ".• eXCalta t;, traffic rot'. u $740W2 lino new sorotoos costa) 0.0 n soot Storrs WCs? vin'$ slam 3 10.00 60. 0 - r 1 t 1Fl ail r edeeb fie OIde 716.0 11 I 11.11 ttires ,e.... sic .: ID nrdr 112` &.00 208,7 Total Bsse Bid ate No 1 te No. 2 te No. 3 te No 4 te Noy $4,010,0]'0.00 $7311 6. 1F2i0 862. 200,740. $74,700. « F' Attach ent 2 9 PROJECT BUDGET DOWNTOWN STREET (CHAPARRAL) BOND ISSUE 2008 (Project No. 6510) June 6, 2012 FUNDS AVAILABLE: Bond 2008 Streets...... _ $2,000,000.00 Additional Street Funds Required,......... $4,825,886.00 Utilities CIP' ............................... :...................,......., ,..,............,.. 1,500,000.00 Total.. ............ ............................... $8,325,886.00 FUNDS REQUIRED: Construction (Base Bid plus Additive Ails. #2, 3, & 4)...... — $6,413,362.00 Contingencies ( 10%). ......... ............................... ............... 841,336.00 Consultant Fees: Consultant - (Gignac Architects)... Consultant - (HDR Engineering)_._._............. Consultant - (Gignac Landscape Arch €facture) .............. ........... ........ ..... Consultant - (Grant Preparation)._ .................... Testing - (Geotechnical & Material Testing) .......... . .. ... . . .. . Reimbursements; Contract Administration (Contract Preparation /Award /Admin) ......... .... Engineering Services (Project MgtlConstr Mgt/Traffic Mgt)..... .. . Construction Observation Services (not included in Consultant Services).. Misc. (Printing, Advertising, etc.) ............................... .................... Total...................... ... ........... ... .......................... . ..... . ............ FUNDS REMAINING_ ... C nPt P.IDOI 3LICortainiwn) 4Y Oak 44 .1 12 757,883.00 114,250.00 14,480.00 21,400.00 36,675.00 80,000,00 60,000.00 186,500.00 20,000.00 325,886.00 $0.00 Attar went 3 10 mprovements CL s V August 28, 2012 r 1111•1■ 1 Ill mar Award the Base bid and none or some • combination of additives • c 0 J c w v) L. O O Z73 u -1-1 a) _c V c bp ._ D cn a) a) -a 73 L. i La O 6 4) -0 ca m co 4) 4-I v) _c L •_ -a -I-I a) La -a (1) 4-I L. ft, ea, c ^0 W Q W CC • • approved budget 4) W W L- i N L 4-I C w W ca te ca Q' ' a-+ co W L C ca W O O Q ril N 0_ V Q co c.V73 co O4 V) vi �' O 03 N -0 L -0 • > C - E x CO O O O O O O . Li) • ro� _c • O0_ O O O CO U> C -1-1= ca O O O N —1 M > - L -(,/)- -(,/)- if)- • -`� .+.) . +� 5 C . N 3 E cam .. • V � � � ; - -0 w .O V +.; 0.. .. m -0 m V) L.) :0 +., 28 C .N c W `� LE O O c, �" 0 O CL • n (An ca (7) U H • • • • O d- 0 N O M FUNDS AVAILABLE O O O O O O O O EA- Street Bond 2008 O O O O O O O O Storm Water CIP O O O O O O M O O O O O O w re re w V/ Z u- Construction (Base Bid) 481,907.00 O O Consultant (HDR) O O co O O co co ti ti O O O ti L O (NI ti t/) a) E U) L E V N J 0 ESTIMATED PROJECT BUDGET SHORTFALL r AIMMINI1 11 a) a) J oes � Cr) o 2 a) U cz c N cn C 0) ca O +r ) N V) N O a) N Z a) p o raj u) cLE 73 U c O N •— 0 p > N C N U N cm N N +r 4) c a) ._ vi N N O c = O •� N oa 0) ca > u) �•�•g LL'N OU �O c L L >, L - 4) > > N N > c (a ca -1--, " (a — O 0_ 0_5(!)(!)000 • • • • • • • .r» BASE BID PLUS: Catenary Lighting At Intersections Only • ADDITIVE ALTERNATE 3 .r» MEW BASE BID PLUS: • ADDITIVE ALTERNATE 2: Catenary Lighting At Intersections & Between Intersections ! §\ N BASE BID PLUS: O L • c O m U 06 O c O c U ▪ c N a) u N — m (o O7 CO 0) � J C L co co U 0 N M W W Q Q Z Z W W Q - Q W W > >_ 0 0 0 0 Q Q • • VJ 5Z 0 Fa w V) m i>.'•••111111 1 1 5Z 0 Fa w V) m • 0 0— ▪ • a 4) s( O 0 0_ co -0 Q Cla -no (n ca § ca N -• C U }' U • Q O7 � J ca X_ U 0) O L a--� t L (/J ▪ CO C O C •U - • (n L O Z L 0 N • N • Cla •U •U N N CO CO • • VJ 5Z 0 Fa u) m !aA m N i 0 CL 0 CI) 0 U rr ^_ vJ 0 co co •U S CO c co , co co V - - N M 0 0 0 0 CO 0 0 0 0 Optio Cla O CO N— L\� > U 4 0) C L O CO U _= •_ U c 73 Lo A--+ 4— O a) 0 (1) C ya Q Q O U a) •c6 0 > C CO 0 lc I- O d- 0 N co- O M FUNDS AVAILABLE O O O O O O O O EA- Street Bond 2008 O O O O O O O O Storm Water CIP O O O O O O M O O O O O O w re re w V/ Z u- Construction (Base Bid) 481,907.00 O O Consultant (HDR) O O co O O co co ti ti O O O ti L O (NI ti t/) a) E Q) L E 'Ln Q) V N J 0 ESTIMATED PROJECT BUDGET SHORTFALL