Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 01/08/2013Tuesday, January 8, 2013 Corpus Christi Meeting Agenda - Draft City Council 11:30 AM 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Council Chambers 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Reverend Bruce Wilson, Church of Reconciliation. 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 1 -00014 Certificate of Commendation Presented to Mr. Eddie Chambliss - Most Valuable Citizen F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Corpus Christi Page 1 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 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. G. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2 13 -00017 Executive Session pursuant to Texas Government code Section 551.071 to consult with attorneys regarding City of Corpus Christi, Texas vs. David McCarthy & Community Showcase Banners LLC, Cause No 2012 DCV 5832 A, in the 28th District Court of Nueces County, with possible discussion and action in open session. H. MINUTES: (NONE) BOARDS & COMMITTEE APPOINTMENTS: 3 13 -00015 Oil and Gas Advisory Committee Planning Commission Retired and Senior Volunteer Program Advisory Committee J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance, or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting, such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 4 - 22) Corpus Christi Page 2 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 4 61 6 7 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. 12 -00805 Resolution requesting website link for information on local Navy flight zones to inform public on flight zone locations and naval information regarding said zones Resolution to request that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local Navy flight zones referred to as Air Installation Compatible Use Zones. Sponsors: Planning /Environmental Services 12 -00823 Purchase of police package sedans to replace existing units Motion approving the purchase of twelve (12) Police Package Sedans from Griffith Ford, Seguin, Texas for a total amount of $308,522.88, based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0065 -13. Funding is available in the Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. Sponsors: Purchasing Division and Fleet Maintenance Services 12 -00820 Lease - Purchase of a track excavator for loading refuse at the transfer station Motion approving the lease- purchase of one (1) track excavator from Waukesha- Pearce Industries, Inc., Corpus Christi, Texas for a total amount of $181,675.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. Sponsors: Purchasing Division and Solid Waste Operations 12 -00821 Lease - Purchase of a rescue pumper replacement unit for fighting fires Motion approving the lease purchase of one (1) rescue pumper from Siddons - Martin Emergency Group, of Denton, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $425,000. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. Sponsors: Purchasing Division and Fire Department Corpus Christi Page 3 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 8 P1 10 11 12 -00824 Supply agreement for sodium bisulfite solution for dechlorination at the wastewater treatment plants Motion approving a supply agreement with Univar USA, Corpus Christi, Texas for approximately 868,000 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI- 0044 -13, based on lowest local bid for an estimated twelve month expenditure of $291,648 of which $170,128 is required for the remainder of FY 2012- 2013.The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2012 -2013. Sponsors: Purchasing Division and Wastewater Department 12 -00827 Lease - Purchase of a five yard wheel loader to fill transfer trailer at the transfer station Motion approving the lease purchase of one (1) five yard wheel loader from Nueces Power Equipment, of Corpus Christi, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $239,427.14. The five yard wheel loader will be used by the Solid Waste Department. This unit is an addition to the fleet. Funds for the lease purchase of the wheel loader will be provided through the City's lease /financing program. Sponsors: Purchasing Division and Solid Waste Operations 12 -00834 Professional services contract for monitoring and data collection of salinity and freshwater inflow to Nueces Bay and River Motion authorizing the City Manager, or designee, to execute Contract for Monitoring Services with Conrad Blucher Institute at Texas A & M University - Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. Sponsors: Planning /Environmental Services, Water Department and Engineering Department 12 -00808 Second Reading Ordinance - Amending city code to clarify areas where waterfowl hunting is prohibited (1st Reading 12/18/12) Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. Sponsors: Police Department and Legal Department Corpus Christi Page 4 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 12 13 14 `N1 16 12 -00813 Second Reading Ordinance - License Agreement for use of Equistar Park located on Haven Drive for youth soccer program (1st Reading 12118112) Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program. Sponsors: Parks and Recreation Department 12 -00814 Second Reading Ordinance - Interlocal agreement for recreation and athletic facility improvements at Equistar Park and adjacent property (1st Reading 12118112) Ordinance authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park, and Oxychem Park. Sponsors: Parks and Recreation Department 12 -00817 Second Reading Ordinance - Agreement for use of Equistar Park located on Haven Drive for youth sports program /league (1st Reading 12/18/12) Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program. Sponsors: Parks and Recreation Department 12 -00815 Second Reading Ordinance - Accepting and appropriating Federal grant for after school snacks at selected Latchkey sites (1st Reading 12/18/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. Sponsors: Parks and Recreation Department 12 -00847 Second Reading Ordinance - Authorizing re -sale of properties for failure to pay ad valorem taxes (1st Reading 12/18/12) Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 for partial payment of City paving and demolition liens. Sponsors: Financial Services Department Corpus Christi Page 5 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 17 12 -00850 Second Reading Ordinance -Amending the City's Future Land Use Plan and the Comprehensive Plan to create compatible land uses near Cabaniss Field (1st Reading 12/18/12) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the Corpus Christi Future Land Use Plan (adopted by Ordinance 026278 and thereafter amended by Ordinance 028504) by revising the future land use maps surrounding Cabaniss Field; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. Sponsors: Planning /Environmental Services 18 12 -00835 Second Reading Ordinance Reading Ordinance -A change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Business District, on property located at 2002 Ayers Street. (1st Reading 12/18/12) Case No. 1012 -05 Everett Skipper: A change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Business District, not resulting in a change of future land use. The property to be rezoned is described as Block 1504, Port Aransas Cliffs, located between Ayers Street and Cole Street and between 17th Street and 18th Street. Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District. Planning Commission Recommendation (October 24, 2012) Denial of the requested "CBD" Downtown Commercial District and, in lieu thereof, approval of a Special Permit with the requirement of the development providing a minimum of 122 on -site and off -site parking spaces. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), by changing the UDC Zoning Map in reference to Block 1504, Port Aransas Cliffs, from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Sponsors: Development Services and Planning /Environmental Services 19 12 -00837 Second Reading Ordinance - A change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District, on property located at 5445 Greenwood Drive. (1st Reading Corpus Christi Page 6 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 12/18/12) Case No. 1112 -01 St. John Baptist Church, Corpus Christi, Texas: A change of zoning from the "I H" Heavy Industrial District to the "CG -2" General Commercial District, resulting in a change of future land use from light industrial to commercial. The property to be rezoned is described as the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, located north of Hala Pit Road and west of Greenwood Drive. Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by WKMC Architects, acting as agent on behalf of St. John Baptist Church, Corpus Christi, Texas ( "Owner"), by changing the UDC Zoning Map in reference to the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, from the "I H" Heavy Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Sponsors: Development Services and Planning /Environmental Services 20 12 -00838 Second Reading Ordinance - A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, on property located at 849 and 847 Erwin Avenue. (1st Reading 12/18/12) Case No. 1112 -02 Advanced Housina Alternatives Corporation: A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Oak Park, Block 9, Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, located on Mueller Street between Oak Park Avenue and Erwin Avenue. Planning Commission and Staff Recommendation (November 7, 201 Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon Corpus Christi Page 7 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 21 22 L. 23 application by Advanced Housing Alternatives Corporation ( "Owner"), by changing the UDC Zoning Map in reference to Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, Block 9, Oak Park Addition, from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Sponsors: Development Services and Planning /Environmental Services 12 -00867 Second Reading Ordinance - Amending the City code to provide for immediate ownership of impounded animals under four months old (12/18/12) Ordinance amending section 6 -103 (g) of the Corpus Christi Code by providing immediate ownership of impounded animals under four months old to the City; providing an effective date; providing for severance; and providing for publication. Sponsors: Police Department 12 -00873 Second Reading Ordinance - Accepting and appropriating a local grant for purchasing surveillance equipment (1st Reading 12/18/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department, and appropriating the $1,700 in the General Fund No. 1020; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. Sponsors: Police Department PUBLIC HEARINGS: (ITEMS 23 - 25) 12 -00869 Public Hearing and First Reading Ordinance -A Change of zoning from the "RM -AT" Multifamily AT District to the "CRA" Resort Commercial District, at 221, 217, 213 Kleberg Place Case No. 1112 -03 Guy and Renee Richards (Normadon Properties, Ltd. - Owner): A change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District, not resulting in a change of future land use. The property to be rezoned is described as Lots 88, 89, 90, 91, 92, and 93, Blockl, Corpus Christi Beach Hotel, located east of Surfside Boulevard and south of Kleberg Place. Planning Commission and Staff Recommendation (November 7, 201 Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Corpus Christi Page 8 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 24 `R M. 26 7 27 nrrlinnnra Ordinance amending the Unified Development Code ( "UDC') upon application by Normadon Properties, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel, from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Sponsors: Development Services and Planning /Environmental Services 12 -00836 Public Hearing and First Reading Ordinance - Amending City code to modify authority of technical construction boards and frequency of meetings Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14 -206 "Technical construction boards" by adding language to modify the authority of each board and revising the frequency of meetings; and providing for severance, penalties, publication, and an effective date. Sponsors: Development Services 13 -00007 Public Hearing and First Reading Ordinance - Amending the Unified Development Code to implement the goals of the Parks and Recreation Master Plan Ordinance amending the Unified Development Code ( "UDC') by revising subsections 8.3.6 relating to fee in lieu of land and 8.3.8 relating to park development improvements Sponsors: Development Services and Parks and Recreation Department REGULAR AGENDA: (ITEM 26) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 12 -00880 Resolution establishing a policy for Street User Fee Resolution approving design concepts for a street user fee; and establishing policy relative to a street user fee. Sponsors: Storm Water Department and Street Department FIRST READING ORDINANCES: (ITEMS 27 - 34) 12 -00809 First Reading Ordinance - Amending the Capital Improvement Budget and transferring funds for professional services contract for design and installation of cover system at landfill Corpus Christi Page 9 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 transferring budgeted funds in the amount of $250,145 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project; and authorizing the City Manager or designee to execute a contract for professional services with CP &Y of Dallas, Texas in the amount of $475,465 for the Cefe Valenzuela Landfill Disposal Cells Interim Cover project Sponsors: Solid Waste Operations and Engineering Department 28 12 -00818 First Reading Ordinance - Miscellaneous easement with State for waterline rights across Laguna Madre Ordinance authorizing the City Manager or designee to execute Miscellaneous Easement ME800236 with the State of Texas through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, at the total cost of $67,025.90 which includes the ten year land use fee of $66,675.90 and an application fee of $350.00. Sponsors: Water Department and Engineering Department 29 12 -00807 First Reading Ordinance - Amending the Capital Improvement Budget to add funding for the expansion project at Ethyl Eyerly Senior Center through Community Development Block Grant (CDBG); Awarding Construction contract for base bid Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds; increasing revenues and expenditures by $229,464.74 each; and authorizing the City Manger or designee to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. Sponsors: Parks and Recreation Department, Neighborhood Services and Engineering Department 30 12 -00909 First Reading Ordinance - Lease Agreement for Arts and Education Center located at 2021 Agnes Ordinance authorizing the City Manager, or his designee to execute a ten -year Lease Agreement with South Texas Institute for the Arts for the use of an approximately 1.37 acre tract including improvements located near intersection of Agnes Street at 18th Street, to be used to operate Corpus Christi Page 10 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 31 01� 33 34 the Antonio E. Garcia Arts & Education Center; providing for severance; and providing for publication Sponsors: Parks and Recreation Department 12 -00907 First Reading Ordinance - Accepting and appropriating State grant for overtime driving while intoxicated (DWI) enforcement during specific calendar periods 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 $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67 and appropriating $19,977.68 in the No. 1061 Police Grants Fund. Sponsors: Police Department 12 -00877 First Reading Ordinance - Appropriating estimated program income revenue for operating expenditures for health services Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. Sponsors: Health Department 12 -00913 First Reading Ordinance - Utility easement closure for future development located north of Catalina Place and west of Santa Fe Street Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. Sponsors: Development Services 13 -00010 First Reading Ordinance - Ground lease for development of a facility for State and Federal departments to be located at the airport Authorizing the City Manager or designee to execute a Ground Lease with FDL - CC, LLC to lease land from the City of Corpus Christi at the Corpus Christi International Airport ( "Airport ") for the development of a facility to be occupied initially by the Department of Homeland Security, Corpus Christi Page 11 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 the United States Coast Guard (USCG), and Customs and Border Protection ( "Project "), to be located on land at the Airport, which Project will be subleased by FDL - CC, LLC to the General Services Administration ( "Government- Tenant "). Sponsors: Aviation Department O. FUTURE AGENDA ITEMS: (ITEMS 35 - 43) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 35 13 -00011 Resolution for potential use of eminent domain to acquire property rights for Mary Rhodes Pipeline Phase II Project; authorizing the City Manager or his designee to execute documents necessary for acquiring the property interests A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate and by waterline easements for a water line pipeline project known as the Mary Rhodes Pipeline Phase 2, which is to be generally located along the route from Bay City, Texas to Lake Texana described as follows: From a point which begins on the west bank of the Colorado River in Matagorda County, Texas just north of the State Highway 35 bridge and runs approximately 41 miles to the City's pump station adjacent to the Palmetto Bend Dam on Lake Texana located in Jackson County, Texas; said pipeline further described as follows: leaving the Colorado River, the alignment will parallel State Highway 35 in a southwesterly direction through Matagorda County for approximately 13 miles until just east of Blessing, Texas, where the alignment will break more westerly to follow the Union Pacific Railroad easement on the north side of Blessing, Texas for approximately 2.5 miles west of Blessing and continuing in a southwesterly direction for approximately 5 miles; the alignment will parallel FM 616 and continue through Matagorda County to the Jackson County line where it will continue parallel to FM 616 in Jackson County through Francitas, Texas for approximately 9 miles until just east of La Ward, Texas where the alignment will turn northwesterly to circumnavigate La Ward for approximately 1.5 miles; the alignment will then parallel SH172 in a northerly direction out of La Ward for approximately 2 miles where it will turn westerly following FM 3131 approximately 8 miles to the west delivery system on the west bank of the Navidad river in Jackson County; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests Corpus Christi Page 12 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 36 0A 38 lKI'7 subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation within the water line route described herein by a single record vote of the City Council. Sponsors: Water Department and Engineering Department 13 -00006 Resolution of support for the Texas Coalition for Affordable Power's (TCAP) legislative agenda for the 83rd regular session of the Texas Legislature Resolution of the City of Corpus Christi, Texas, endorsing certain legislative action in the regular session of the 83rd Texas Legislature to enhance the competitive electric market and system reliability and to protect the traditional role of cities in the regulatory process Sponsors: Intergovernmental Relations 12 -00494 Construction contract for fire station relocation to Miller High School (BOND 2008) Motion authorizing the City Manager, or designee, to execute a Construction Contract with Sal -Con of Corpus Christi, Texas in the amount of $1,680,500.00 for the Fire Station No. 5 Relocation (Bond 2008) for the Base Bid plus Additive Alternates B, C, D, E, F, G and I. Sponsors: Fire Department and Engineering Department 12 -00874 Resolution to authorize submission of a nomination form for a State grant for landscape improvements on Holly Road between State Highway 286 and Greenwood Drive (BOND 2012) Resolution authorizing the City Manager, or designee, to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive (Bond 2012) Project, with intent to commit funds for a city match of $37,361 for a total construction cost of $186,804. Sponsors: Engineering Department 12 -00905 Construction Contract for Americans with Disabilities Act (ADA) improvements to selected intersections within the City (CDBG Residential areas)(BOND 2008) Corpus Christi Page 13 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 40 41 El 43 Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $1,032,416.50 for the Base Bid of ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in Community Development Block Grant (CDBG) Residential Areas Phase 1 and Phase 2. Sponsors: Neighborhood Services, Street Department and Engineering Department 12 -00810 Professional services contract for study and design of the Cefe Valenzuela landfill access road Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central, Inc., of Corpus Christi, Texas in the amount of $290,029.00 for the Cefe Valenzuela Landfill - Landfill Pavement/Roadway Life Cycle Replacement. Sponsors: Solid Waste Operations and Engineering Department 12 -00829 Service Agreement for elevator and escalator maintenance for City buildings Motion approving a service agreement with Schindler Elevator Corporation, San Antonio, Texas for elevator and escalator maintenance in accordance with Bid Invitation No. BI- 0249 -12, based on lowest responsible bid, for a total expenditure of $93,084.00 of which $54,299.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for one (1) year with four (4) automatic one -year extensions, subject to annual appropriation. Funds have been budgeted by the various using Departments in FY 2012 -2013. Sponsors: Purchasing Division and Facilities Maintenance Services 12 -00875 Resolution to submit a State grant application for speed and driving while intoxicated (DWI) enforcement overtime Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. Sponsors: Police Department 12 -00754 Contract with state for administration of duties and payment of record fees for Vital Records Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Corpus Christi Page 14 Printed on 11312013 City Council Meeting Agenda - Draft January 8, 2013 Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. Sponsors: Health Department P. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. Q. CITY MANAGER'S COMMENTS: * Update on City Operations R. ADJOURNMENT Corpus Christi Page 15 Printed on 11312013 a. OIL AND GAS ADVISORY COMMITTEE — Two (2) vacancies with terms to 12 -31 -15 representing the following: 1 — Oil Industry, and 1 — General Public. (Mayoral appointment subject to Council confirmation) DUTIES: The committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare of the City. COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members from the oil and gas well industry; three (3) members from the general public who are not connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence of a public members, and one (1) from the industry to serve whenever an industry member is absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the oil and gas well industry. Members are appointed for three -year terms ending December 31, and may succeed themselves. Meetings are called by the Chairman or any three (3) members of the Committee within specified time limits. Four members constitute a quorum. The committee annually elects its own chairman and vice chairman. Members receive no compensation for their services. MEMBERS *Patrick Mccullough (Oil Industry) Tom Fisher (General Public) *Gerald Rogen General Public) Gary J. Meurer (General Public) Paul Grivich (Oil Industry) John Cantu (Oil Industry), Chair Randy Schnettler (Alt, General Public) William Perry Moffitt (Alt., Oil Industry) Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences * * * * *Has met six -year service limitation (The Oil and Gas Advisory Committee is recommending the reappointments of Patrick Mccullough (Oil Industry) and Gerald Rogen (General Public)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Patrick Mccullough (Oil Ind.) 1 0(1 -Exc.) 0% Gerald Rogen (Gen. Public) 1 1 100% ORIGINAL TERM APPTD. DATE 12 -31 -12 7 -20 -10 12 -31 -13 5 -29 -07 12 -31 -12 7 -20 -10 12 -31 -14 4 -12 -11 12 -31 -14 4 -12 -11 12 -31 -13 9 -12 -06 12 -31 -13 7 -17 -12 12 -31 -13 7 -17 -12 (The Oil and Gas Advisory Committee is recommending the reappointments of Patrick Mccullough (Oil Industry) and Gerald Rogen (General Public)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Patrick Mccullough (Oil Ind.) 1 0(1 -Exc.) 0% Gerald Rogen (Gen. Public) 1 1 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (General Public) (01102113) Monica Rawlings Self- Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA). (Oil Industry) (8/27/12) b. PLANNING COMMISSION - One (1) vacancy with term to 7- 31 -13. DUTIES: To make and amend a master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not less than 90 days prior to the beginning of the budget year a list of recommended capital improvements which in the opinion of the commission are necessary or desirable during the forthcoming 5 year period; to require information from other departments of the City government in relation to its work; to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City appointed by the City Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. Legend: *Seeking reappointment "Not seeking reappointment ** *Automatic Resignation - Elected to Non -City Public Office * * * *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation (The Planning Commission is recommending the new appointment of Curtis A. Rock.) INDIVIDUALS EXPRESSING INTEREST: Gene Clancy Design Resource Manager of Construction Engineering, Susser Holdings /Stripes LLC. Attended some college. Activities include: former Zoning Board of Adjustments member. (4112112) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus ORIGINAL MEMBERS TERM APPTD. DATE Mark Adame 7 -31 -14 7 -08 -08 Philip John Ramirez 7 -31 -15 7 -17 -12 Marco Castillo 7 -31 -14 7 -12 -11 Gabriel Guerra, Int. V. -Chair 7 -31 -14 7 -12 -11 * * *A. Javier Huerta 7 -31 -13 7 -26 -05 Chris Hamilton 7 -31 -15 7 -17 -12 Mike Lippincott 7 -31 -15 7 -17 -12 Govind B. Nadkarni, Chair 7 -31 -13 7 -10 -07 Fred Braselton 7 -31 -13 7 -17 -12 Legend: *Seeking reappointment "Not seeking reappointment ** *Automatic Resignation - Elected to Non -City Public Office * * * *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation (The Planning Commission is recommending the new appointment of Curtis A. Rock.) INDIVIDUALS EXPRESSING INTEREST: Gene Clancy Design Resource Manager of Construction Engineering, Susser Holdings /Stripes LLC. Attended some college. Activities include: former Zoning Board of Adjustments member. (4112112) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Scott M. Harris Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction proj ects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains in the Navy Reserves as a Lieutenant Commander and Civil Engineer Corp Officer and serves as the Operations Officers for a Navy Mobile Construction Battalion. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, history, heritage, geography, reading, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museum of South Texas, Society of American Military Engineers and American Society of Civil Engineers. (10/31/12) Lee Hassman Managing Partner, Tropical Realtor. Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes II. (3/19/12) Jason M. McDonel Head Physical Education Coach, Luther Jones Elementary - CCISD. Former Juvenile Probation Officer, and P.E. Coach at the Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (07117112) Orlando Ortiz, P.E. Owner /Orlando Ortiz, Principal Engineer and Windstorm Engineer. Received a B.S. in Civil Engineering from the University of Texas at Austin. Registered Texas Professional Engineer, and Windstorm Certified by Texas Department of Insurance. Activities include: American Society of Civil Engineers, Texas Society of Professional Engineers, Society of Hispanic Professional Engineers, and National Society of Collegiate Scholars. (7102112) Curtis A. Rock Business Development Manager, Rock Engineering & Testing Laboratory. Received Bachelors of Business Administration from Texas A &M University — Corpus Christi. Activities include: Leadership Corpus Christi Chairman Class XL; TAMU -CC National Alumni Board Member; and Chairman of the Transportation Advisory Committee. Received the "Person of the Year" Award from Corpus Christi 40 Under 40. (Willing to resign from the Transportation Advisory Committee if appointed) (8112111) Rick Sowash Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute - SRA. (513111) Craig B. Thompson, P.E. Project Engineer /Vice - President, Naismith Engineering, Inc. Received B.S. in Civil Engineering from Texas A &M University - College Station. Activities include: American Society of Civil Engineers (local branch & Texas section), Furman Avenue Block Association, and former member of the Landmark Commission. (6126112) Theunis A. Voorkamp Broker/Managing Partner /Owner, Corpus Christi Excel Properties Inc./Nueces Tax Relief /TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (3119112) Marsha Williams Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (618111) M RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE — Two (2) vacancies with terms to 6 -16 -13 and 6 -16 -14 representing the following categories: 1- RSVP Volunteer, and 1 — At Large. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ( "RSVP ") including but not limited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 —RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non - profit agency that operates a RSVP Volunteer Station), and 5 — At Large. In the initial appointment, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. M_ ,MR_ ,R C ***Donna Anne Kinney (RSVP Volunteer) Margaret A. Ramsey (RSVP Vol. Station) Anne Bauman (At Large) Dale D. Berry (At Large) Mary Helen Salazar (At Large) Abel A. Sanchez (At Large) * **Joe Benavides (At Large) TERM 6 -16 -13 6 -16 -14 6 -16 -14 6 -16 -13 6 -16 -13 6 -16 -13 6 -16 -14 Legend: *Seeking reappointment "Not seeking reappointment ** *Resigned ( Benavides elected to Non -City public office) * * * *Exceeded number of absences * * * * *Has met six -year service limitation ORIGINAL APPTD. DATE 4 -12 -11 6 -16 -09 9 -11 -12 9 -11 -12 9 -11 -12 9 -11 -12 3 -20 -12 INDIVIDUALS EXPRESSING INTEREST: Jonathan Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (At Large) (514111) Sylvia T. Portales Retired. Formerly Senior Appraiser, Nueces County Tax Appraisal District. Attended Durham's Business School. Activities include: Hispanic Women's Network of Texas, and Volunteer at Senior Centers. Recipient of Ms. Congeniality in Ms. Coastal Bend Senior Pageant. (RSVP Volunteer) (At Large) (4112111) Stephen Isenhour Volunteer & Bereavement Coordinator (Hospice), Legacy Home Health Agency. Received a BA in Music. Activities include: Corpus Christi Christian Center, Christian Musicians Fellowship, former member Business Networking International (BNI), and active in health fairs and other medical community events. (At Large) (1123112) Merced V. Pena Semi - retired. Continues consultant work with Vamos Productions as Media /Advertising Consultant. Former employment and volunteer activities include: substance abuse counselor training from Del Mar College, Texas Youth Commission volunteer, Alternative Therapies training from CB Council on Alcohol & Drug Abuse, Nueces County Substance Abuse Treatment Facility volunteer, New Beginnings volunteer, substance abuse education and counseling at Nueces County Juvenile Justice Center, counselor with Corpus Christi Drug Abuse Council, and Coastal Bend Intergroup Association. (At Large) (12118112) AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 DATE: November 19, 2012 TO: Ron L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services 826 -3781 etean cctexas.com Resolution Requesting Nueces County Appraisal District provide a web link to Navy Flight Zone Information CAPTION: Resolution to request that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local Navy flight zones referred to as Air Installation Compatible Use Zones. PURPOSE: The City is currently undertaking a Joint Land Use Study to create land use compatibility surrounding Navy airports facilities. A major goal for the study is to raise public awareness on where Navy flight zones (Air Installation Compatible Use Zones) are located. A web link on the Nueces County Appraisal District website is proposed to help inform the public on flight zone locations and Navy information about the zones. BACKGROUND AND FINDINGS: Over 50 Joint Land Use Studies have been completed around the country and in many cases the cities or counties with completed Joint Land Use Studies are well on their way to implementing study recommendations. Corpus Christi is in the process of catching up with some of the other cities or counties and taking action to request a notice on the Appraisal District website would be a positive step toward greater land use compatibility through public information. Staff has met on several occasions with the Nueces County appraisal district staff to discuss the best manner in which to get information out on Navy flight zones. The Appraisal District has indicated that an informational link on the Appraisal District website could be made at the City of Corpus Christi. On July 18th, the Planning Commission requested that staff obtain input from the Corpus Christi Board of Realtors concerning the proposal to request the Nueces County Appraisal District provide information to property owners on Navy flight zones through the District website. On September 10tH staff and a Joint Land Use Study Consultant met with the Executive Director of the Corpus Christi Board of Realtors and then on September 20th, met with the Corpus Christi Board of Realtors Governmental Affairs Subcommittee. Both the Executive Director and Subcommittee agreed that a web notice on the Nueces County Appraisal District website would be helpful to buyers and sellers of property and the professional Realtors that represent them. ALTERNATIVES: Other alternatives include letters to property owners, public service announcements and notes on subdivision plats for property being subdivided under a Navy flight zone. OTHER CONSIDERATIONS: The military is constantly evaluating military facilities all over the world for land use compatibility within local jurisdictions. Actions to create land use compatibility are within local control and could play an important role in determining if a facility can expand existing missions or accept new missions, thereby benefiting the local economy. CONFORMITY TO CITY POLICY: Corpus Christi Policy Statements AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY AIRPORTS SHOULD BE DEVELOPED IN A MANNER THAT IS COMPATIBLE WITH THE OPERATION OF THE AIRPORTS. Airports are characterized by high levels of noise and the potential for accidents under the major flight patterns. Properties in the immediate vicinity of the airports should be required to develop in a manner that is sensitive to expected levels of noise and which will not subject residents to unreasonable risk due to possible accidents. Adopted Flour Bluff Area Development Plan - Goals Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. EMERGENCY/ NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: The Development Services Department and the Planning and Environmental Services Department recommend adoption of the attached resolution. Planning Commission recommended approval on November 7, 2012. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ CIP 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: NA RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Air Installation Compatible Use Zone Map Excerpt from Planning Commission Draft Minutes Resolution Resolution to request that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local Navy flight zones referred to as Air Installation Compatible Use Zones. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council requests that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local U. S. Navy flight zones referred to as Air Installation Compatible Use Zones (AICUZs). ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 1 of 2 Corpus Christi, Texas day of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 2 Air Installation Compatible Use Zone Map a � , % {I tylyn _•c gg x "a ?m aC MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers November 7, 2012 5:30 P.M. COMMISSIONERS: A. Javier Huerta, Chairman Govind Nadkarni, Vice Chairman Mark Adame Fred Braselton Absent* Marco Castillo Gabriel Guerra* Chris Hamilton Mike Lippincott Absent* Philip Ramirez *Arrived at 5:40 p.m. I. CALL TO ORDE The meeting we quorum was declared. IV. PU PRESENTATIO COUNCIL, RQL PLACE A LINK ON NAVY FLIG ZONES) STAFF: Mark Van Vleck, P. E., Interim Director, Development Services Robert Payne, AICP, Senior City Planner" Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary aerta at 5:3 p.m. and a n and Possible Action ) RECOMMEND CITY PRAISAL DISRICT TO THEIR WEBSITE TO INFORMATION AND MAPS ZONES (AIR INSTALLATION COMPATIBLE USE Mr. Payne stated that at the Planning Commission meeting of July 18t ", Staff presented a proposal to request that the City ask the Nueces County Appraisal District to place Navy flight zone information on their website to inform the public of the risks associated with overly flying aircraft. Mr. Payne stated the City was undertaking a Joint Land Use Study (JLUS) to create land use compatibility surrounding Navy airport facilities. A major goal for the study is to raise public awareness on where the flight zones are located. Mr. Payne continued that through an ongoing discussions between staff, the Navy, and the Appraisal District that placing a web link on the Nueces County Appraisal District website was a logical location for placing an informational link on Navy flight zones. The purpose of the link would be to inform the public on flight zone locations and Navy information use guidelines. Planning Commission Regular Meeting November 7, 2012 Page 2 Mr. Payne continued that over fifty (50) Joint Land Use Studies had been completed around the country and, in many of the cities or counties that completed the studies are well on their way to implementing some of the study's recommendations. Mr. Payne stated the City was trying to catch up by taking action in requesting the Appraisal District to place notice on their website which could be a positive first step toward greater land use compatibility. Mr. Payne stated that at the July 18, 2012 Planning Commission meeting, staff was requested to meet with the Corpus Christi Board of Realtors to get their input on the proposal for the Appraisal District to provide information to property owners through their website on the Navy flight zones. As a result of that directive, on September 10, 2012, Staff and a Consultant for the'JLUS met with the Executive Director of the Board of Realtors and then on September 20, 2012, we met with the Board of Realtors Governmental Affairs Subcommittee. ! Both the Executive Director and the Subcommittee agreed that placement of a notice on the Appraisal District's website would be helpful to buyers and sellers of property and the realtors that represent them. Staff met on several occasions with the Nueces County Chief Appraiser and Assistant Chief Appraiser to formulate the best method of what information should be included in the website link. After Staff's presentation concluded, Mr. Payne stated that Staff was requesting the commission to approve the recommendation that City Council pass a resolution requesting the Nueces County Appraisal District (NCAD) include an informational link on their website to inform the public` on Navy flight zones. Mr. Payne stated Mr. Robert Cenci, Assistant Chief Appraiser with the Appraisal District, was present at tonight's meeting to answer any questions the commissioners may have. The floor was opened for discussion and comments by commissioners. After a brief discussion and comments concluded, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. A motion to approve a recommendation to City Council to pass a resolution requesting the Nueces County Appraisal District include an informational link on the District website to inform the public on Navy flight zones was made by Commissioner Hamilton and seconded by Vice Chairman Nadkarni. Motion passed with Commissioners Braselton and Lippincott absent. (K: DEV5VC5 \SNNR ED\ 1-PC2072 \2O12PC1n1NUTE5\ 110 712PCInINUTES) C� AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 DATE: 12/18/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.com 361- 826 -3169 Jim Davis, Director of General Services i i cctexas. co 361- 857 -1909 Police Package Sedans CAPTION: Motion approving the purchase of twelve (12) Police Package Sedans from Griffith Ford, Seguin, Texas for a total amount of $308,522.88, based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0065 -13. Funding is available in the Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. PURPOSE: These twelve (12) vehicles will be used by the Police Department for day -to -day police work. BACKGROUND AND FINDINGS: The City has approximately 150 marked police patrol units in the fleet. Annually, units are replaced due to normal wear and tear and /or damage from accidents. The expected life of a marked police unit is 105,000 miles or 3 years. All units recommended for replacement have reached their expected life span for service. All units are replacement units to the fleet. The sedans are equipped with a police package, which includes a higher horsepower engine, heavy -duty brakes, system. Replaced units will be disposed of through standard including live auctions and /or electronic auctions. ALTERNATIVES: Not applicable. radiator and heavy duty battery charger disposal of surplus property procedures, OTHER CONSIDERATIONS: The Police Department is currently reconfiguring the make -up of vehicles that comprise the fleet and will eventually build the fleet to include a mix of approximately 50/50 of sedans and Tahoes. This purchase will allow us to continue towards that goal. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY /NON- EMERGENCY: Non - Emergency. DEPARTMENTALCLEARANCES: General Services 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 $5,021,953.00 $5,021,953.00 Encumbered / Expended Amount $1,529,529.00 $1,529,529.00 This item $308,522.88 $308,522.88 BALANCE $3,183,901.12 $3,183,901.12 Fund(s): Maintenance Service and Crime Control Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. 2 O C') / �q E / -L co 2 3 � � � � � � & � � K e � f ± 2 b / / / U) 3 b 3 O 6 U 2 k / « �:i 2 ƒ 2 _j z ± b 2 / / / � E U \ / \ % \ / 3 / § W co m _ S k LO % / O e } e \ / / y 2 .2 0- E e \ E \ �} / k § \ \ z �\ \ / \ q 2 / _ _ _ _0 0 \ _0 / \k 7 / {/± \/ �\ \ / 3 / _0 / §-0 \ \ %5 \ LO \�LU % // �\ \ / C) ƒ \ ® 2 Cl) q j .S / LL .& / LO § E e Cl) \) G \ k ± g % § / _ \ LL LL $ §\ r .E U) N \ / \/ \ \ ± / \ / © \ / .2 <f a cam= '0 0 G 'e 68 Cl) fJG6 \_ ) /}\ \ \2 / /\\/ > \ / \ % \ / 3 / § W co m _ S k LO % / O e } e \ / / y 2 .2 0- E e \ E \ �} / k § \ \ z Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of December 18, 2012 1852 Action Item for the City Council Meeting of January 8, 2013 DATE: December 18, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Lawrence Mikolajczyk, Director of Solid Waste Operations law cctexas.com (361) 826 -1972 Track Excavator CAPTION: Motion approving the lease- purchase of one (1) track excavator from Waukesha- Pearce Industries, Inc., Corpus Christi, Texas for a total amount of $181,675.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. PURPOSE: To be used by Solid Waste Operations to load refuse onto trailers at the Transfer Station. BACKGROUND AND FINDINGS: This unit is an addition to the fleet and will become the main line operating unit. The unit currently in use will become the operating spare. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease- purchase of the track excavator is based on a sixty -month term with an estimated interest rate of 2.75% for an annual payment of $38,931.84. The total estimated cost over the five -year period, including principal of $181,675.34 and interest of $12,984.09, is $194,659.43. Funding is available through the General Fund. 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: Solid Waste Operations 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 $289,669.30 $184,926.47 $474,595.77 Encumbered / Expended Amount $18,565.00 $0 $18,565.00 This item $9,732.96 $1847926.47 $194,659.43 BALANCE $2617371.34 $2617371.34 Fund(s): General Fund Comments: The $9,732.96 financial impact shown above represents three (3) months of payments that will be encumbered through the end of this fiscal year. The remaining $184,926.47 for the last fifty -seven (57) months of the lease- purchase payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN TLGPC CONTRACT NO. 345 -10 PRICE SHEET TRACK EXCAVATOR Waukesha- Pearce Industries, Inc. Corpus Christi, Texas ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE 1. Komatsu PC138USLC -8 Track Excavator 1 Each $153,809.34 $153,809.34 2. Extended Warranty - Full Machine -5 yrs. /7,500 hrs. 1 Each $8,276.00 $8,276.00 3. Maintenance Contract - 5 yrs. /7,500 hrs. 1 Each $19,590.00 $19,590.00 TOTAL: $181,675.34 C� AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 DATE: 12/18/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.com 361- 826 -3169 Robert Rocha, Fire Chief rroca cctexas.co 361- 826 -3932 Rescue Pumper CAPTION: Motion approving the lease purchase of one (1) rescue pumper from Siddons- Martin Emergency Group, of Denton, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $425,000. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. PURPOSE: The rescue pumper is used to fight fires and is required to maintain the existing level of emergency response service within the community. BACKGROUND AND FINDINGS: The rescue pumper will be used by the Fire Rescue Division of the Fire Department for emergency response services. This unit is a replacement to the fleet. Currently, the City operates 27 fire fighting units in the fleet with 22 operating as front line units and 5 units placed in reserve status. The existing rescue pumper will replace one of the front line units which will likely be placed in reserve status. The existing reserve unit will be taken out of service and sold at public auction or transferred to another public agency. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The rescue pumper will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The annual interest rate will be determined after the acceptance of the rescue pumper. The estimated annual payment for the Fire Department is $91,074.84. Total estimated cost over the sixty - month period, including principal of $425,000 and interest of $30,374.20, is $455,374.20. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Fire 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 $710,413.00 $440,195.06 $1,150,608.06 Encumbered / Expended Amount $79,264.91 $79,264.91 This item $15,179.14 $440,195.06 $455,374.20 BALANCE $615,968.95 $615,968.95 Fund(s): Fire Department Comments: The $15,179.14 financial impact shown above represents two months of payments that will be encumbered through the end of this fiscal year. The remaining $440,195.06 for the fifty eight months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: DECEMBER 18, 2012 HGAC CONTRACT NO. - FS12 -11 PRICE SHEET RESCUE PUMPER Siddons - Martin Emergency Group Denton, TX Unit Extended Item Description Qty. F Unit Price Price 1 Pierce Saber, SLT, Rescue I 1 I each I $ 425,000.00 $425,000.00 Pumper, 1500 GPM TOTAL: $425.000.00 C� AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 DATE: 12/18/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.com 361- 826 -3169 Foster Crowell, Director of Wastewater Operations osterc cctexas.co 361- 826 -1801 Sodium Bisulfite Solution CAPTION: Motion approving a supply agreement with Univar USA, Corpus Christi, Texas for approximately 868,000 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI- 0044 -13, based on lowest local bid for an estimated twelve month expenditure of $291,648 of which $170,128 is required for the remainder of FY 2012 -2013. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2012 -2013. PURPOSE: This chemical will be used for dechlorination at the Wastewaster Treatment Plants. BACKGROUND AND FINDINGS: The dechlorination is required by the Wastewater Discharge Permits. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The recommended award is based on Section 26 of the Council Policies of the City of Corpus Christi Code of Ordinance. The ordnance provides for local preference when the local bidder is within 3% of a non local bidder. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON - EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Wastewater 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 $1,430,371.06 $121,520.00 $1,551,891.06 Encumbered / Expended Amount $460,995.54 $460,995.54 This item $170,128.00 $121,520.00 $291,648.00 BALANCE $799,247.52 $799,247.52 Fund(s): Wastewater Department Comments: The $170,128 financial impact shown above represents seven months of expenditures that will be encumbered through the end of this fiscal year. The remaining $121,520 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. y / \ S cc / N / 0 _0 \ 0° 7 C4 °\max e e _ $ i 2 c E k -2 k 2 ] 2 o_I� \ \ / J S \ \ 2 / / a §7 ƒ * a- 2 / / 2 \Z- ± 7 y \ r o \ .) $ 2 / C) 0 0C) o \ o c S % Rm = \ o i \ _ � \\ }\� \ } eI e± e cli / c - te 3 _ �</_ / / o m .g 2 6 Q / � ^ / .§ \/� 2 / 2 = S 2 a) C 06 § x ± \ \ e 00 / -_ _ k q �— � \ k _ _ .g m / r- \ � cc 0) /f �� _ \ \ /U) a$ � f _* 00 .k \ c < 2 Cc 0 a \ 0G ® a 2 cc a) = ƒzca g k\ o m> Cl) f cc » 2r- § 2 Cl) > = 6 — < E » LU = 3— 2 3 E e Co < S ( O4<a E C) m e 2Q e LL <..— / m 2} ea- ojE/ *aK= / i i/ / C� AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 DATE: 12/18/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.com 361- 826 -3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm cctexas.co 361- 826 -1972 Five Yard Wheel Loader CAPTION: Motion approving the lease purchase of one (1) five yard wheel loader from Nueces Power Equipment, of Corpus Christi, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $239,427.14. The five yard wheel loader will be used by the Solid Waste Department. This unit is an addition to the fleet. Funds for the lease purchase of the wheel loader will be provided through the City's lease /financing program. PURPOSE: The wheel loader will be used to fill the transfer trailers at the J.C. Elliott Transfer Station. BACKGROUND AND FINDINGS: This unit is priced with a five -year full coverage extended warranty and five -year maintenance contract. The local Nueces Power Equipment dealership in Corpus Christi will provide for delivery, maintenance and warranty work on this unit. This unit is an addition to the fleet. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The wheel loader will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after acceptance of the wheel loader. The estimated annual payment is $51,307.68. Total estimated cost over the sixty -month period, including principal of $239,427.14 and the interest of $17,111.26, is $256,538.40. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY /NON- EMERGENCY: Non - Emergency. DEPARTMENTALCLEARANCES: Solid Waste 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 $289,669.30 $239,435.84 $529,105.14 Encumbered / Expended Amount $18,565.00 $18,565.00 This item $17,102.56 $239,435.84 $256,538.40 BALANCE $254,001.74 $254,001.74 Fund(s): Solid Waste Department Comments: The $17,102.56 financial impact shown above represents two months of payments that will be encumbered through the end of this fiscal year. The remaining $239,435.84 for the fifty eight months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. C) '3 L dww ZL/ \ƒ\ /�/ QI$ O O < 0 I Z O 7 > 5 0 Z 7 < I O ± 2 I A 0 \ N q2 \ � 0 \O 0 EO \ \ - ) \ R \ \ - § \ - - \ _ c \co o \ / LU \ \\ % =�_o ±\) \ } ) \ \ � \ : o Lu � f/I \�a-k} \ § m o _ \ \ \ LU %a§ o c2 ) 6 §LU / ®� (// \ o 0 (D § \/ / U) § �z z 06 cr x R =s) G /m_o 2'E® 4 \ §_§ j o _ � \2 ( 2 \ 3 4( 22 C: m E§@ R \ k\ J o D � =)L m § o _ \ j f L E2 a) \o / {k�2 \ ]lw,e\@ ���2/ Cl)D fmo LU } \ \\\\ \j))\ § - \ \ - ) \ R \ \ - § \ - - \ SUS AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 1852 Action Item for the City Council Meeting of January 8, 2013 DATE: November 28, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Planning and Environmental Services etean cctexas.co (361) 826 -3781 Gustavo Gonzalez, P. E., Director of Water Operations gustavogo@cctexas.com (361) 826 -1874 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Contract for Monitoring Services Rincon Bayou Diversion Nueces Bay and River Salinity and Freshwater Inflow Monitoring 2012 -2013 CAPTION: Motion authorizing the City Manager, or designee, to execute Contract for Monitoring Services with Conrad Blucher Institute at Texas A & M University — Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. PIIPPO-RF- The purpose of this Agenda Item is to execute the Contract for Monitoring Services with the Conrad Blucher Institute at Texas A & M University — Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. BACKGROUND AND FINDINGS: The Contract for Monitoring Services provides resources necessary to perform monitoring and data collection required by the Texas Commission on Environmental Quality (TCEQ) as part of the amendment of the City's reservoir operating plan which allows reduced mandatory water releases. The salinity monitoring is an annual requirement of the amended operating plan which originated in 1991. C:\ USERS \HO LLYT \APPDATA \ROAMING \L5\ TEMP \30D27444 -69A9- 4059- B44A- 247158029F09. DOCX Elimination of the required monitoring requires reconsideration of the permit by TCEQ. TCEQ permit hearings are not limited to individual topics. A permit hearing could result in the imposition of requirements not desirable for optimal water conservation. ALTERNATIVES: 1. Execute the Contract for Monitoring Services as recommended. 2. Do not execute the Contract for Monitoring Services as recommended. CONFORMITY TO CITY POLICY: The contract and selection process complies with the Professional Procurement Act and City Policy. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Department of Engineering Services Department of Water Services FINANCIAL IMPACT: Operating Expense Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $544,541.39 $0.00 $544,541.39 Encumbered / Expended Amount 279,052.83 279,052.83 This item 93,062.001 1 93,062.00 BALANCE $172,426.56 $172,426.56 Fund(s): Water Fund Comments: Not applicable. RECOMMENDATION: City staff recommends that the Contract for Monitoring Services be executed with Conrad Blucher Institute at Texas A & M University — Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. LIST OF SUPPORTING DOCUMENTS: Contract Summary Location Map C:\ USERS \HO LLYT \APPDATA \ROAMING \L5\ TEMP \30D27444 -69A9- 4059- B44A- 247158029F09. DOCX -ile : \ Mproject \councilexhibits \exhb44,5c. NUECES OVERFLOW CHANNEL IH 37 % LoBONTE PARK NSF cFS RIVER F.M• 624 i �� RINCON BAYOU ® i_ �r 10000- N RINCON BAYOU NORTH LAKE m e W r JECT LOCATION u MONITORING STATIONS) CL NUECES RIVE CITY PROJECT #8443 °) W N Z W Y U LOCATION MAP NOT TO SCALE RINCON BAYOU DIVERSION PROJECT NUECES BAYAND RIVER SALINITY AND FRESHWATER INFLOW MONITORING 2012 -2013 /vue CAS \pgRo QI CD Of O Z Q COUO6 y O O Y rK Q J U \��FR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 3 O �O� r � w Q O � J � J OI Q U CITY PROJECT #8443 °) W N Z W Y U LOCATION MAP NOT TO SCALE RINCON BAYOU DIVERSION PROJECT NUECES BAYAND RIVER SALINITY AND FRESHWATER INFLOW MONITORING 2012 -2013 /vue CAS \pgRo QI CD Of O Z Q COUO6 y O O Y rK Q J U \��FR CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI RINCON BAYOU DIVERSION NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORING 2012 -2013 (City Project No. 8443) CONTRACT FOR MONITORING SERVICES The City of Corpus Christi, Texas, hereinafter called "City ", and the Conrad Blucher Institute (CBI) at Texas A &M University - Corpus Christi, hereinafter called "CBI ", hereby agree as follows: SERVICES TO BE PERFORMED — CBI hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of three salinity monitoring stations in the Nueces River and Bay. — CBI's services will be those necessary to provide the required monitoring corresponding to station service including the following: • Station service includes exchange of Hydrolab instruments with a freshly calibrated unit; • Station service frequency will be based on observed marine growth (every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler); • All salinity monitoring stations will report salinity and water temperature; • Stations SALT01 and SALT03 will also report dissolved oxygen, pH, and water depth; and • All data will be available in graphical and tabular format on the CBI website (http:/ /lighthouse. tamucc.edu /salinity) within one hour of the time data were collected. A. TASKS — CBI will complete the tasks set forth in the research proposal attached as Exhibit "A ". CBI will complete the following tasks: Nueces Bay Salinity Monitoring — Freshwater Inflow — CBI will conduct Nueces Bay salinity monitoring two (2) monitoring platforms in the bay, one near Whites Point (SALT03) and the other mid bay, near the CPL (AEP) power lines (SALT01), plus one station in the Nueces River (SALT05); and will continue to maintain a station at the mouth of the Rincon Delta (SALT08) which is no longer sponsored by the City. Parameters measured by CBI will include salinity, conductivity, dissolved oxygen, water temperature, water depth, and pH. Station SaIt05 parameters will include salinity, water temperature and water depth only. This is an ongoing project originating in the fall of 1991. The stations are placed in such a manner to track fresh water inflows into Nueces Bay using salinity levels and the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report ( http: /Aighthouse.tamucc.edu /Salrel) produced by DNR and the Nueces River Authority (NRA) shows the current freshwater relief status. Nueces Delta Diversion Proiect — Freshwater Inflow — CBI will monitor the salinity and water levels of five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay. City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. The University of Texas Marine Science Institute at Port Aransas (UTMSI), Harte Research Institute for Gulf of Mexico Studies (HRI), and the Center for Coastal Studies (CCS) are presently conducting long -term ecological studies of the effects of this diversion. Page 1 of 4 KtEnguwo uV DataEachange%VELMA1IWATER%S"3 RINCON BAYOU DWERSION12012 -2013 NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORINGtCONTRACT FOR SERVICES conra0 Okxfwr institute .doe Nueces Bay Tidal and Meteorological Station — The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal /meteorological station (011) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of 2010 with a new tidal monitoring platform (185) just across the bay, near the mouth of the Nueces River. CBI will use precise water level measurements from this station as a reference for work by the others in the various projects in the bay, river, and delta. Station Service And Maintenance — CBI will exchange freshly calibrated Hydrolab units with units on the station as required every two to three weeks. CBI will provide post - calibration and preparation units for future service. All salinity and dissolved oxygen stations consist of a Hydrolab water quality datasonde, a radio, modem, and 12 volt solar power system. CBI may separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab datasondes. The maintenance agreement must ensure that the instruments deployed are as good as, or better, than factory standards. Data Collection — CBI will program a computer to poll each station every six minutes. Five measurements will be obtained from each instrument, which are then averaged. CBI will place the hourly averages into the database and be reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http: //www.nueces- ra.org /CP /CITY /passthrufindex.php). Monthly salinity levels in relation to the Upper and Lower Salinity bounds is found at http: / /lighthouse.tamucc.edu /sairel, which is used to determine if the City may take credit from freshwater release from the storage facilities. Instrument Calibration — CBI will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company. CBI will use calibration and post - calibration methods established by the manufacturer of Hydrolab. All calibration and post- calibration records are available on the DNR website, http : / /lighthouse.tamucc.edu /calib. CBI will maintain an instrument maintenance agreement with a qualified instrument maintenance firm for each Hydrolab. Each unit will be annually inspected and refurbished. All components of the instrument will be covered under the warranty agreement and replaced as needed. Collaborative Monitoring — CBI will provide data to support those research efforts currently being done by others. The continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by the Center for Coastal Studies (CCS), University of Texas Marine Science Institute at Port Aransas (UTMSI), Harte Research Institute (HRI), Corps of Engineers (COE), Coastal Bend Bays and Estuaries Program (CBBEP), United States Geological Survey (USGS) and the City. B. RESEARCH PLAN AND METHODS — The specific research plan and methods are set forth in the Research Contract Proposal incorporated as Exhibit "A" of this contract. C. ORDER OF SERVICES — The monitoring period will be for 12 months, from October 1, 2012 through September 30, 2013. III. FEES AUTHORIZED — The City will pay CBI a fixed fee not to exceed $93,062 for providing all services for 2012 -2013. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section ll. Invoices will be submitted to the Director of 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 budget attached as Exhibit "B ". Invoices will be sequentially numbered for each project, state the project name (Rincon Bayou Diversion Project— Nueces Bay and River Salinity and Freshwater Inflow Monitoring 2012 -2013) and City project number (8443). 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. Page 2 of 4 K%Engirmnng DataExahange%VELMAP%WATERW443 RINCON BAYOU DIVERStON12012 -2013 NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORING%CONTRACT FOR SERVICES conrad blucher instituto.doc Exhibit "A" contains a detailed breakdown of the project budget for 2012 -2013. Budget Summa ry FEES 2012 -2013 Salaries & Benefits $49,376.06- Equipment/Maintenance 16 850.00 Travel Pool 5,424.00 Computer Supplies 2,800.00 Indirect 18 612.00 Total $93,062.00 IV. TERMINATION OF CONTRACT — The City may, at any time, with or without cause, terminate this contract upon 30 days written notice to CBI at the addresses specified below. If termination occurs prior to the final completion of all work contemplated by this contract, DNR shall be paid for all reasonable costs incurred or contractually committed to be expended as of the effective termination date, including salaries of appointees for the remainder of their appointment. The foregoing shall not be construed to require the City to compensate CBI for any services not performed in a proper, professional manner. V. NOTICE ADDRESS - Correspondence concerning this contract shall be sent to the City and CBI as follows: City: Daniel Biles, P. E., Director of Engineering Services City of Corpus Christi Department of Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 (361) 826 -3500 office (361) 826 -3501 fax .�i Larry Lloyd, Research Specialist II Conrad Blucher Institute for Surveying and Science Texas A & M University — Corpus Christi NRC, Suite 3406 6300 Ocean Drive Corpus Christi, TX 78412 (361) 438 -6594 mobile (361) 825 -5759 office ucc.edu VI. 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. VII. ASSIGNABILITY — CBI will not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of CBI. No part of CBI's fee may be assigned in advance of receipt by CBI without written consent of the City. The City shall 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. VIII. DISCLOSURE OF INTEREST— In compliance with City of Corpus Christi Ordinance No. 17112, CBI agrees to complete the City of Corpus Christi Disclosure of Interests form attached. Page 3 of 4 K%Eng—rang DataExd-w%VELMAPIWATERW443 RINCON BAYOU DIVERSION12012.2013 NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORING%CONTRACT FOR SERVICES corttad bkxhof msliMa.doc Oscar Martinez Date Assistant City Manager City Secretary Date Project No. 8443 Fund Source No. 530000-4010-3Q220 1� TEXAS A&M UNIVERSITY—CORPUS CHRIST! L rbli'Scialist 11 te a4 Lloyd �" rincip I l' -elst p6 Da ■ igator Conrad Blucher Institute for Surveying and Scien Texas A & M University - Corpus Christi NRC, Suite 3406 6300 Ocean Drive Corpus Christi, TX 78412 (361) 825-5759 Office larry.Iloyd@tamucc.edu Dr.,dis Cifuentes' Date A*ociate Vp Research & Dean of Graduate Studies Y443 -T-2, � V4- NOV Page 4 of 4 K%Enginuring 03taF-xrhangalVELMAP%WATERl8443RtNCON BAYOU DIVERS IOM2012-2013 NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MON[TORING%CONTRACT FOR SERVICES ccrirad blucher insR tuto.doc Mr. Daniel Biles, P. E., Director of Engineering Services 14 August, 2012 City of Corpus Christi Department of Engineering Services 1201 Leopard Street, P Floor Corpus Christi, TX 78401 Dear Mr. Biles: The statements of work covered herein are submitted to the City of Corpus Christi for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science at Texas A &M University - Corpus Christi ( TAMUCC). Included is an outline of our scope of work and budget to continue the ongoing salinity monitoring efforts in the Nueces Estuary. PROPOSED SCOPE OF WORK FOR NUECES BAY and RIVER SALINITY AND FRESHWATER INFLOW MONITORING: 2012 -2013 Summary Three salinity monitoring stations in the Nueces River and Bay will be covered under this agreement. Station service includes exchange of Hydrolab® instruments with a freshly calibrated unit. In order to reduce costs, station service frequency will be based on observed marine growth fouling the instruments; for example, every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler. All salinity monitoring stations will report salinity and water temperature. Stations SALT01 and SALT03 will also report dissolved oxygen, pH, and water depth. All data will be available in graphical and tabular fon-nat on the Conrad Blucher Institute website ( http:// Iighthouse.tamucc.edu/Salinity) within one hour of the time data were collected. This proposal covers a period of 1 year. Research Objectives The Conrad Blucher Institute for Surveying and Science (CBI) at TAMUCC has been operating and maintaining salinity monitoring equipment in the Nueces Estuary for the City of Corpus Christi since November 1991, trying to help understand the effects of freshwater inflows on salinity into the Nueces system. Additional funding from the Coastal Bend Bays and Estuaries Program (CBBEP) will ensure that comprehensive spatial coverage of the Nueces Estuary continues. This proposal is for a continuation of the current monitoring effort in support of salinity conditions in Nueces Bay and river. The data collected will be used to help the City of Corpus Christi water supply managers determine quantities of fresh water required by the amended Agreed Order between the City and the State of Texas. Other benefits of the data collection include collaboration with other researchers in the delta, namely, The Center for EXHIBIT "A" Page 1 of 4 Coastal Studies (CCS) and Harte Research Institute for Gulf of Mexico Studies (HRI) at TAMUCC, the University of Texas Marine Science Institute at Port Aransas (UTMSI), and the U.S. Army Corps of Engineers (COE; Fort Worth District). Nueces Bay Salinity Monitoring — Freshwater Inflow This is an ongoing project originating in the fall of 1991. Nueces Bay salinity monitoring by CBI consists of 2 monitoring platforms in the bay: one near Whites Point (SALT03) and the other mid bay, near the CPL power lines (SALT01); plus one station in the Nueces River (SALT05). In addition, with support from CBBEP, CBI will continue to maintain SALT08, at the mouth of the Rincon Bayou, which was, until recently, sponsored by the City. Parameters measured at stations SALT01 and SALT03 include salinity, conductivity, dissolved oxygen, water temperature, water depth, and pH. The SALT05 station will include salinity, water temperature, and water depth only. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report ( http: / /Iighthouse.tamucc.edu/salrel) produced by DNR and the Nueces River Authority (NRA) shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow The City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. UTMSI, HRI, and CCS are presently conducting long -term ecological studies of the effects of this diversion. Five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay have been established to determine the fate of freshwater diversions from the pipeline. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network ( TCOON) operated a tidal/meteorological station (0 11) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of 2010 with a new tidal monitoring platform (18 5) just across the bay, near the mouth of the Nueces River. Although not an official TCOON station, all maintenance and operation of the tidal station will follow TCOON protocols. Precise water level measurements from this station are used as a reference for work by the others in the various projects in the bay, river, and delta. The initial installation and maintenance was funded by the CBBEP. Funding for continuing maintenance of this station is currently being sought. EXHIBIT "A" Page 2 of 4 Station Service and Maintenance All salinity and dissolved oxygen stations consist of a Hydrolab® water quality sonde, a radio, modem, and 12 volt solar power system. Freshly calibrated units are exchanged with units on the station every 2 to 3 weeks, depending on the degree of observed marine fouling on the instruments. The Hydrolabs® are taken back to CBI for post calibration and preparation for future service. An annual maintenance agreement with HydrotechZS of Austin, Texas, ensures the reliability of the Hydrolab units. Covered under this agreement are all components of the Hydrolab ®, ensuring that the instruments deployed are as good as, or better, than factory standards. The factory warranty for all Hydrolab® datasondes have expired; therefore, all datasondes will be placed under the annual service agreement to ensure continual data collection at all stations. Data Collection A computer program, written by staff at CBI, polls each station every six minutes. Five measurements are requested from each instrument, these five are then averaged. The hourly averages are then placed into the database and reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http: / /www.nueces- ra.org/CP /CITY /passthru/index.php). Monthly salinity levels in relation to the Upper and Lower Salinity bounds are found at http: / /lighthouse.tamucc.edu/salrel, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. Instrument Calibration All calibration standards used are NIST traceable, and purchased from HydrotechZS. Calibration and post - calibration methods used are those established by the manufacturer of Hydrolab®. All calibration and post - calibration records are available on the DNR website, http : //Iighthouse.tamucc.edu/calib. An instrument maintenance agreement with HydrotechZS is used with each Hydrolab®. Each unit is sent to the manufacturer annually for inspection and refurbishment. All components of the instrument are covered under the warranty agreement and they are replaced as needed. Collaborative Monitoring This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMSI, HRI, COE, CBBEP, USGS and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. E2e3of4 IBIT "A" Schedule of Work and Fee for Service The Conrad Blucher Institute for S Christi hereby agrees for the duration o to perform all services necessary to proposal. The budget for 1 October, enclosed with this proposal. urveying and Sci f one year (1 O provide water 2012 through . 1 ence at Texas A &M University — Corpus ctober, 2012 through 30 September, 2013) quality monitoring, as described in this 30 September, 2013 is $93,062 and is EXHIBIT "A" Page 4 of 4 ESTIMATED COSTS FOR OPERATION AND MAINTENANCE OF THREE SALINITY MONITORING STATIONS IN THE NUECES ESTUARY 2012 - 2013 20 August, 2012 A. PERSONNEL Principal Investigator 12,165 Database Management 2,306 Software Engineer / Database Management 1,455 Systems Programmer 1,902 Data Analyst 1,320 Technical Support 10,560 Undergraduate, Field Technician 1 2,600 Undergraduate, Field Technician II 2,080 Staff Field Technician 4.782 Subtotal 39,170 Benefits 10.206 TOTAL PERSONNEL $49.376 B. GAUGE SUPPLIES AND MAINTENANCE 6 Hydrolab Units, Maintenance Contract 5,850 Calibration and Lab Supplies 6,000 Miscellaneous Supplies 5.000 TOTAL FIELD SUPPLIES $16,85 0 C. TRANSPORTATION Boat Truck TOTAL TRANSPORTATION $5,424 D. COMPUTER SUPPLIES Repair Allowance 1,000 IP modem charge 1.800 TOTAL COMPUTER SUPPLIES $2.800 E. INDIRECT (25% MTDQ $18,612 TOTAL 2012 -2013 $93,062 EXHIBIT "B" Pa eIor1 SUPPLIER NUMBER TO BE ASSIGNED BY nT — PURCHASING DIVISION City of CITY OF CORPUS CHRISTI C �; 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. Texas A & M University — Corpus Christi COMPANY NAME: Conrad Blucher Institute for Survey and Science P. O. BOX: NRC, Suite 3406 STREET ADDRESS: 6300 Ocean Drive CITY: Corpus Christi ZIP: 78412 FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 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 supject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 xi First Reading Ordinance for the City Council Meeting of December 18, 2012 1852 Second Reading Ordinance for the City Council Meeting of January 8, 2012 DATE: November 20, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2604 Amending Section 33 -75 to clarify area for discharge of firearms CAPTION: Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. PURPOSE: The ordinance is being revised to make it companionable with local government code §229.002. Under 229.002, a city may completely regulate discharge of a firearm within an area annexed by the municipality before September 1, 1981 without any exceptions. The vast majority of Corpus Christi was annexed prior to September 1, 1981. Other clarifications to the ordinance include more distinct descriptions of the locations where it is unlawful to engage in waterfowl hunting. BACKGROUND AND FINDINGS: The ordinance is being revised in order to clarify issues associated with duck hunting in the Laguna Madre and the City's ability to enforce the existing ordinance. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal 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: RECOMMENDATION: Staff recommends approving the revisions to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section Sec. 33 -75 is revised to read as follows: Sec. 33 -75. - Discharging firearms; waterfowl hunting. (a) It shall be is unlawful for any unauthorized person to fire or discharge any gun, pistol, rifle or other firearm of any description within the city limits as they existed on August 31, 1981. , pr-qjeetile, B B's, slugs or- ammunition to fall within the eity. The tifiat4har-ized disehar-ge ef firearms ef any deser-iptien etitside ef the eity and within fetir- htindr-ed (400) feet ef the (b) However, except as restricted by subsection (c) of this section, waterfowl hunting within the lawful seasons and during the times prescribed by any federal and state agencies with jurisdiction over the taking of waterfowl, subject to the rules and regulations of federal and state agencies of appropriate jurisdiction, and the discharge of firearms, subject to such state law, rules, and regulations, shall be per-mi lawful within the city in the following described areas: Corpus Christi Bay, Nueces Bay, and the Upper Laguna Madre within the corporate limits. (For the purposes of this section, anyone on the waterside of the vegetation line is considered to be within Corpus Christi Bay or Upper Laguna Madre. (c) No watei=]Pawl >,,,,,ting is p°fmit4e' It is unlawful to engage in waterfowl hunting as allowed in subsection (b) within one thousand (1,000) feet of a residence; business establishment; industrial facility, school; institution of higher education; other structure designed for residential or commercial occupation (but not including storage sheds, hunting /fishing camps, pump facilities); dock appurtenant to a residential or commercial structure (other than those associated with a hunting /fishing camp or oil /gas field production installation); trailer or recreational vehicle park; military installation; any public beach; any city, county, state, or federal park; the 7FK Causeway, eauseway >,e�..,ee Fl Bl„FFand Nei4>, Padre island Park Road 22 /South Padre Island Drive from east of Laguna Shores Road to the eastern side of the bridge; the Nueces Bay Causeway, U.S. Highway 181 eauseway be:+ ee Ger-p s Christi and Pai4l ,a from the Portland - Corpus Christi city limits on the north to North Beach on the south; the Laguna Shores shoreline adjacent to Laguna Shores Road; or the corporate limits of another municipality that prohibits the discharge of firearms within its city limits. SECTION 2. The effective date of this ordinance is the date of final City Council approval. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20127 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of December 18, 2012 852 Second Reading for the City Council Meeting of January 8, 2012 DATE: November 19, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Great Western Soccer League License Agreement for Use of Equistar Park CAPTION: Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program. PURPOSE- The license agreement will give the Great Western Soccer League ability to operate youth sports program /league at Equistar Park in Northwest Corpus Christi. The initial term of each agreement is two years with the option of two 2 -year extensions. Each league will be responsible for the maintenance of their respective fields and coordination of leagues and programs. BACKGROUND AND FINDINGS: Nueces County and the City have partnered to ensure the development and use of Lyondell Basell Park and Equistar Park on Haven Drive in Northwest Corpus Christi for residents and visitors. An Interlocal Agreement between the County and City has allowed both entities to leverage County grant and City bond funds ($150,000 from Bond 2008) to include the construction of soccer fields and improvements to existing football fields at the park. The construction of new soccer fields will make it possible for the Great Western Soccer League to move its operations from Labonte Park to Equistar Park once complete. The existing football fields will be improved. The Nueces County Youth Football League will be a new tenant to the park as well. The Nueces County Inland Parks Department will manage the agreements ensuring compliance with maintenance and program /league operational standards. ALTERNATIVES: Do not approve the license agreements and require County /City Parks Departments to provide direct programs /leagues. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all license agreements EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal 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 $ 0.00 Fund(s): Comments: none RECOMMENDATION: Staff recommends the approval of each license agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance License Agreement with Great Western Soccer League Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program with a two - year term and options to extend for additional two -year terms. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program with a two -year term with options to extend for additional two -year terms. A copy of the agreement is attached and a fully executed copy shall be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor This license agreement (hereinafter referred to as "Agreement ") is entered by and between Nueces County ( "County ") acting through its duly authorizer agent whose Business address is 901 Leopard, Room 303, Carpus Christi, TX 78401 and City of Corpus Christi ( "City "), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business. address is � (Hereinafter City and County is referred to as "Licensor "), and Great Western Soccer League) acting through its authorized. agent whose business address is _ ry _ , Corpus Christi, Texas ( "Licensee "). For and in consideration of the mutual covenants and agreernents contained herein, the receipt and sufficiency of which is, hereby acknowlodged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use a specified area of property located at Fquistar Park, Haven Drive in Northwest Corpus Christi (the "Venue ") located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a youth sport program, specifically soccer program and for no other purpose. Venue is identified by diagram (Exhibit "A "). The "Term" of this Agreement shall be for a two (2) year term with extensions of two (2) -year increments unless this License Agreement is terminated as defined in Article 26. For an Extension, Licensee shall provide thirty (30) days written notice of its intent to extend the term prior to the expiration of the Terra. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy" of Venue during Term shall be limited as detailed herein. It is agreed that Licensee shall be the occupant of Venue August 1; through July 31 . unless terminated as defined in Article 26. Licensor and Licensee shall use the Venue pursuant to Article 4. Licensor shall reserve the right to allow the public's use of venue during Times of Occupancy when Licensee is riot using the Venue pursuant to Article 4. CONTACT PERSON/ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of inland barks or his designee ("Director"). z LICENSE FEE/CONSIDERATION Article 3, As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the venue as a Youth Sports program, specifically soccer and for no other purpose. Licensee agrees to maintain the venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor arid. any rules promulgated in the future, specifically specified in Article 13 of this Agreornent. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement. JOINT USE Article 4. Licensor retains joint use of the venue and improvements during the terra of this Agreement, subject to Licensee's right to exclusive control of the Venue during its Time for Occupancy for Youth Program Sports purposes. Licensee must not deny access.to nor use of the. Venue to the general public for unorganized activities when the Venue is not being used by Licensee during Times of Occupancy. inquests for scheduled organized activities by other arganijations or public use will be reviewed for approval or denial by the Director. REPRESENTATIONS, WARRANTIES & COVENANTS Article S. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and /or operates the Venue and has full power and authority to enter into. this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terms "hereof, Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensee agrees that this Agreement is a valid obligation of Licensee and is binding upon Licensee in accordance with the terms hereof, Licensee shall keep the Venue in an orderly condition while in use. F f V. 3 COMPLIANCE WITH LAWS Article G. During the Term, Licensee shall obey and comply w th all laws, ordinances, and regulations of all federal, state, county, or municipal authorities and with all notices; reas()nable requirements and reasonable recommendations of any insurance organizations, associations, or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BY ANY' SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES BOTH ACTUAL AND EXEMPLARY, INCLUDING ALI. EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS Olt PROPERTY, ARISING OUT OF, OR OCCASSIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING. CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPOLYEES. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECITON IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY AND PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FFROM THE CONSEQUENCES OF LICENSOR'$ AND THEIR RESPONCTIVE EMPLOYEES' AND CONTRACTORS OWN.NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS, THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 4 INSURANCE REQUIREMENTS Article R. Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Exhibit "6" entitled "INSURANCE REQUIREMENTS ". INTEGRATION CLAUSE Article 9. This.contr °act supersedes any and all other agreements, either oral or in wiring; between the parties with respect to the subject matter of this agreement, and contains all of the covenants and. agreements between Licensor and Licensee with respect to the subject matter. both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not set forth in this ,Agreement, and that no agreement, statement, or promise not contained this Agreement shall be valid or binding. FORCE MA►JEURE Article 10. The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined.to include, without limitation; Act of Cod, strike, labor disputes, war, fire, earthquake, actions of public enemies, acts cif terrorism, epidemic, action. of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. In the event of a cancellation of the Event due to a "Force Majoure Occurrence ", each party shall be relieved of its obligations hereunder with respect to the performance so prevented. ORDINANCES, LAWS AND REGULATIONS Article 11. The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of the Event contemplated herein. It shall be time obligation of the Licensee to apply for; pay for, and obtain all permits and licenses as required by time various agencies of federal, state, and local governments and agencies. 5 UTILITIES Article 12. Licensee rnust pay for all utilities used by it or for any activity sponsored by Licensee on the Venue prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Agreement. Licensee must adhere to applicable water conservation standards. In an effort to ensure that fields.are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue; up to maximurn number of gallons set by City Director of Parks and. Recreation each calendar year. licensee is responsible to arrange and pay for trash removal service. MAINTENANCE /REPAIRS Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter on a daily basis whenever the Venue is being used and weekly during the rest of the year. City and County will provide the trash cans. (b) Licensee shall keep fully operational and in good repair any irnprovernetits at the Venue, including but not limited to the fields, bleachers, concession stand, lighting, and fencing. Unless otherwise agreed upon, Licenser has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Carpus Christi Malice Department, Nueces County, Texas. However, unless otherwise agreed upon,Licensors have no responsibility to repair or place any damages to Venue or improvements at the Venue caused by vandalism, or caused by any other reason. (D) Licensee must keep safe and in good repair the bleachers, if any; Licensee must repair the bleachers immediately upon discovery of damages.; (E) licensee shall maintain the sports fields within the Venue boundary lines. Grass on the sports fields must not exceed three (3) inches, licensee must snow the sports fields within ono (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought into playing condition. Licensee shall be responsible, at their sole cost, for winterizing, weeding and feeding, an providing iron on the practice and playing fields in accordance with the industry standard rnonths as required to properly bringing the fields back to playing condition, Flilure 6 to keep the grass on the sports fields at or below three (3) inches in height or to properly Faring the field back to playing condition will be grounds for termination of . the Agreement. (F) Licensee will provide normal scheduled mowing of the Venue. Licensee will be responsible for .maintaining the sports fields as set out herein, furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (G) inches, (G) If restroom facilities are not available, Licensee, at Licensee's sold expense, mast provide portable toilets for public use whenever Venue is being used for league activity: The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances required as determined by the Director or his designee. (H) Licensee shall ensure that no parking is allowed on grass area of any playing or practice fields. (1) If Licensee use goal posts on the Venue, Licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue: Licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty -eight (48) Hours after the need for repair it or should have been discovered. Licensee shall not allow use of the Venue tintil the anchoring system is repaired. (J) Licensee is responsible for proper installation and use of all equipment and improvements at Premises. (K) Licensee must maintain a First Aid kit at Venue, (I.) Licensee must complete and submit the attached Exhibit C, Standard of Maintenance Sports Field Checklist, to the City Director of Parks and Recreation no later than March I and August 1 of each year. During the months of May and December, City employees will perform inspection to confirm compliance with standard of maintenance, Inspection of Venue. Licenser has the right to inspect the Venue and/or improvements at any time during the term of this Agreement. Specifically, prior to and at the conclusion of each Year, under the Term Of the Agreement, a walk through of the Venue will be conducted by Licensor and Licensee to note the condition of Venue, If an inspection reveals that maintenance is not being properly carried out, Director may provide written notice to Licensee demanding cornpliance. if Licensee has not complied within five (5) days after receipt of the dernand, the County may undertake the work and Licensee shall pay the County's cost Plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds 7 for termination of this license. Alternatively, the licensor may elect to terminate this Agreement after (10) days written notice to Licensee. Repairs. Licensee snail be responsible for repairing my portion of Venue damaged by Licensee, participants, event attendees, or invitees of Licensee. ALTERATIONS TO VENUE Article 14, Licensee agrees that it Will not snake any permanent alteration or physical additions ( "Improvements ") to Venue without the Director's prior written consent. No alterations or improvement to the Venue are required for Licensee's use. All approved improvements will be property of Licensor at the expiration of Termination of the Agreement, AUGHT OF LICENSEE Article 15, Licensor shall be allowed access to Licensee's financial books and records for auditing purposes. Licensee shall maintain and cause any contractors anti subcontractors, relating to improvements, to maintain satisfactory financial accounting documents and records and shall make thorn available for examination and audit by the Licensor on a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee. will permit Licensor (and its agents) to inspect any and all pertinent records, file, information, and other written materials pertaining to this Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OF THE PARTIES Article 16. Nothing contained in this Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures with each other, Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all costs as specified in this Agreement: Licensee shall have no right, authority, or power to bind Licensor under this License for any claims for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense. If any involuntary liens for labor- and materials supplied or claimed to have been supplied to the S Venue shall be filed, Licensee shall promptly pay or bond such liens to Licensor's reasonable satisfaction or otherwise obtain the release or discharge thereof. ASSIGNMENT Article 17. Neither this Agreement nor any mart hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments. Any activity or tournament allowed to tale place at the Venue shall be the responsibility of the Licensee to indemnify and insure in accordance with this Agreement, APPLICABLE LAW Article 18. The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas. MODIFICATION Article 19, Np prior- or contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be arnended or changed except by written agreement signed by both parties thereto. NO WAIVER OF RIGHTS Article 20, If either party fails to enforce any of the provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it will not considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERABILITY Article 21., If any term, provision, covenant or condition of the Agreement is held by a court of competentjurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. NOTICES Article 22. All notices given hereunder shall be in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified mail or equivalent, if available; return receipt requested (which shall be confirmed by a writing sent by registered or certified mail or equivalent: on the same day that such notification is sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses sot forth: , President of Great Western Soccer League, at , _ , Corpus Christi, TX 76426; Nueces County, County Judge, 901 Leopard Room. 303, Corpus Christi, TX 78441; and City of Corpus Christi, at Carpus Christi City Hall, 1241 Leopard Street, Attn: Director of Parks and Recreation, Carpus Christi, `texas 78401, SURRENDER OF VENUE AT END OF TERM/HOLDOVER Article 23. Upon the expiration or termination of Terra of this Agreement, Licensee shall vacate and surrender to Licensor, the Venue, and Licensee shall at Licensee's sole expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement, Any property remaining at the Venue shall be deemed abandoned by Licensee and may be retained or disposed of by Licenser in any manner that Licensor may see fit, without prejudice to Licensor's rights against Licensee for failure to remove such property, and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensor after expiration of Terris or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined by the County, Further, in the event Licensee shall hold over beyond any date for surrender of Venue set forth in Licensor's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to deliver possession of Venue to another, together with interest on such expenses at maximurn interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Terra of this License or afford licensee any right to possession of the Venue beyond any date through which such rent has. been. paid by Licensee and accepted by the Licensor. Such monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing, such holding over shall be and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due pursuant to this paragraph. TITLES FOR CONVENIENCE. ONLY Article 24, The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy: SECURITY, STAFFING AND OTHER ITEMS Article 25 Licensee expressly agrees to provide security as determiner) by Licensee, for Invents at Venue during Times of Occupancy during Term and any and all staffing for Events. Licensee shall provide at its sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own coaches, assistant coaches, trainers, referees or other necessary officials for the Events, timekeepers, game clack operators, public. address announcers, and any medical personnel for the players. This is not an exhaustive list. Licensor is not responsible for any payment due to these staffers and parties expressly acknowledge that these are not Licensee's employees. In addition, Licensee, in connection with each Event to which this License applies shall furnish or arrange to furnish at its own expense: I. Equipment and uniforms for players 2, All applicable licenses, if applicable for the Event. TERMINATION WITHOUT FAULT/TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Licensor may terminate Licensee's right to possession to the Venue, the enjoyment of the issues and profits there from reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed guilty of any a -S manner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder Or existing breaches hereof. Licensor does not waive its rights to. pursue a I I applicable legal remedies, including but not limited to breach of contract claims based upon non - performance by licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27_ No provision or covenant of this License shall constitute a limitation or waiver of the right of the Licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENTIWAIVER Article 28. No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by an instrument in writing by the Licensor and Licensee with the same formality as this License. Without limiting the generality of the preceding sentence, no course of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or more instances upon the strict performance of any of the covenants; agreements, terms, provisions or conditions of this License or to exercise any covenant, agreement, terra, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this license shall be deemed to have been made sinless expressed in writing and. signed by an appropriate official on behalf of the Licensor or the licensee. CHOICE OF LAW Article 29. 'this Agreement shall be governed by and construed in accordance with the laws of the State of Texas. CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. CONSTRUCTION Article 31. The language used in this License will be deer7ned to be the language chosen by the parties to express their mutual intent:, and no rule of strict construction will be applied against any party. This License will not be construed against grafter. BACKGROUND CHECKS Article 32. Licensee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its. sports program. SPORTSMANSHIP PROGRAM Article 33. Licensee shall require that all of its coaches and. board members complete a state or nationally recognized, or Director approved, sportsmanship program. Licensee shall encourage parents and /or legal guardians of the youths participants to attend the sportsmanship program. Licensee is required to turn in an outline of the components of the sportsmanship program. This must include course outline, and dates of the meetings. Licensee must also provide a list of all coaches, board members, and parents /legal guardian signatures of attendance at the sportsmanship program. COMPLAINT NOTICE AND OTHER REQUIRED SIGNS. Article 33. Licensee roust post and maintain a sign with sportsmanship policies and possible consequences for non- canpliance with policies.. Licensee most post and maintain signs to indicate restricted parking areas and also that no parking on grass is permitted. Licensee must post Health permits at the concession areas. Licensee must store food handler cards on file at the Premises. Licensee must promptly replace or repair any damaged or missing signage. LIST OF CURRENT OFFICERS AND BOARD OF DIRECTORS; BYLAWS Article 34. Licensee must submit its current List of Officers and Board of Directors (List) to the Director as defined in Article 2 of this Agreement by each January 31 of each year of this Agreement. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Licensee most notify Director in. writing immediately if there are any changes in the Officers or Board of Directors. Licensee must provide Director of with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. 13 REPORTING Artitle 35. All reports must be submitted to the Director within two weeks after the start `of Licensee's season. Licensee must provide Director with schedules of each division Briar to each session. Licensee must provide Director with list of league tournaments scheduled at the Premises. Any tournaments not on schedule for league purposes must be approved in advance by Director, Licensee is responsible to ensure that each tournament at the Premises is covered by the same insurance as required for Licensee's activities under this Agreement. SIGNATURES; EXECUTED ON �% L✓L J 2012, Nueces County, Texas. ..._..----__ LICENSORS: NUECES COUNTY Y; __ Samuel Loyd Ne,1, Jr. � Nueces County Judge ATTESTED: By: Diana T. Barrera, County Clerk LICENSEE: CITY OF CORPUS CHRISTI Ronald L. Olson City Manager �o mac. EXECUTED ON (- 2012, NueceS County, Texas 4A AA—fiU President Great Western Soccer League 1 is EXHIBIT U INSURANCE REQUIR MEN -rs LICENSEE'S LIABILITY INSURANCE A. Licensee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor to cornmenco work until all similar insurance required of the subcontractor has been obtained. I3, Licensee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with applicable policy endorsoments naming the City and Nueces County named as additional insureds' for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the fallowing miniMLIM coverage by insurance company(s) acceptable to the City's risk Manager. TYPE Of: INSURANCE 30 -Day Written Notice of Cancellation is required on all certificates Commercial General Liability including: I. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5, Independent Contractors 6. Personal injury MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence 1 aggregate $1,000,000 COMBINED SINGLE LIMIT C, In the event of accidents of any kind, related to this agreement the Licensee must furnish the Risk Manager with copies of all reports of any accident within ten (10) clays of the. accident. 16 It, ADDITIONAL RLQUIRErMENTS X Certificate of Insurance: The City of Corpus Christi and Nucces County must be named as additional insureds. can the liability coverage, and a blanket waiver of subrogation on all applicable policies. * The naive of the facility being leased most be listed under "Description of Operations ". * At a minimum, a 30-day written notice of termination, iron renewal, material change or cancellation is required. 5-3 -12 OP Mrk Managemmnt END �7 EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST [due each March I and August I each year of the Agreement SIM INSPE60ftt ADOUSS: _ _ _ gate of Inspection: League President. Signature Print All Leagues Will be expected to complete this self-Inspection checklist form semi annually. Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December, Each league is responsible for their self inspection. If the inspection €s not submitted to the City of Corpus Christi Parks and Recreation Department; 1201 Leopard, Corpus Christi, Texas 78441 by the deadline of (March 1 & August t) each year of Leases the League will be ,assessed a fee of 5250.60 per site Check 'NO" If repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. PLAYING SURFACE Yes No [ [ 7 1. The.soll is too loose to provide good running trziction. 2. The soil is too compacted to provide good drainage. — _---- - -__ -_ 3.,The playing area has low spots, holes, or is not level and should be dragged /re- graded. [ ] I 1 4. There is a Hazardous soil buildup (lip) between the playing area and the turf. [ I [ l 5. The playing area has unsitfe wet.spots and /or puddles. [ i [ 1 R. Maintenance equipment such as rakes, hoses, etc. have been left on the field. 1 f3 Litter and unsafe debris is scattered around the playing area and player /spectator areas. E The supply and location of waste cans is inadequate,_____, () C 1 9. if available at Venue, sprinkler. heads; drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe [ 1 [ 1 10. Thee have been recurring accidents from players running into surrounding objects such as fencing; light posts, bleachers etc..------- __ - -_ -- _ - -�_ —_ [ ] [ ] 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [ 1 I ] 12 There are unsafe bare spots in turf with a hard soil surface exposed. C ] C 1 13. The surface is uneven because of soil grade._ [ 1 C I 14. Soil is too wet or drains poorly snaking an unsafe running surface.._ [ 1 [ I 15. Turf is not uniform in texture, density, or height making an unsafe playing surface: C 1 [ 1 16. Turf irrigation comes on during games. C ] C 1 17, Turf is not stable and "blow. outs" frequently occur. [ 1 [ 1 18.Weeds are present with thorns, bristles, or burrs. [ ] { ] 10 Moles, gophers or other animals have caused mounds or holes, C 1 [ I 20. Hazardous ruts occur on the field frown snowing equipment or trenching, .._.__e�.....____..W.___ COMMENTS FENCING (If available at Venue) Yes No C ] [ 1 1. Fence posts are loose or improperly set in the ground. I 1 C 1 2. Fence posts are on the inside of the playing area fence. 3. Concrete footings are exposed above ground. [ C [ C d. fencing is not securely attached to the fence posts with loose or broken ties. [ C 1 () ? Tflerc� are unsafe g��ps under €encitrl;: G. There is no bnttarn .tensian wire or railing to secure the bottom of the fencca: [ ] [) 7. Thera is not top railing to secure fence at the top, g: Wire ends of chain link fencing; ire exposed along the top. (] [ l 9. There are damaged portions of fencing that are loose, sham, protruding, or unsafe. 3 C l C 10. Gates are left open during games. COMMENTS SIGNS Yes No [ J [ J I. Signs are in good condition. [ J [ a 7. Sign with parks and Recreation phone number for..complaints or concerns. ­ I I [ ! 3. No parking In grass. C I C 1 4. Sportsmanship sign with league rules; guidelines, and possible consequences. C I C 1 5..ADA Handicap parking spots. (] C 1 6. Ad(,quate traffic markings..�__�_.___ -- C 1 C ] 7. Maintenance area "keep out "._ COMMENTS 20 CONCESSION STAND/ RESTRC)OMS (if available at Venue) Yes No llealth permits I 1 I 1 2, l=oad handlers carols on file. C 1 C 3. Appropriate suns for doorways. 4. Cleanliness of restrooms and concession area. C l C 1 5, Condition of buildings: COMMENTS LIGHTING (if available at Venue) Yes No C I f 1 t.. The lighting was not designed, installed, or inspected by properly trained engineers or technicians, C ] I) 2. There are burned out lights. __ -- I l f f 3. The beam direction of the lights are out of ad ustmeiit. _,_ -_ -------- - -_, -- _ I ] C 1 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ 1 5. The lighting foot - candles do not meet industry recommended COMMENTS BLEACHERS Yes No I 1 [ f I. The nuts and bolts on the bleachers are loos , misslop, or protruding. [ ] (] 2. The guard rails are loose or missing, _ .._.__ -__... C I C f 3. The plank or railing end caps are loose or missing. 2:L F e [ J [ ] 4, Wooden plaoks arcs woi n out or splintered.: s [ ] [ ] S. There are hazardous protrusions or sharp edges. i COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] (] 1. The chalking material used is irritating to the eyes. [ ] [ ] 2. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. I There are no public telephones available for emergency situations: [ ] [ ] 4. areas that are hazardous or unifier repair have not been blocked off or identified. [ ] [ ] S. There is currently no communication between the maintenance staff and the facility, users, COMMENTS 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of December 18, 2012 852 Second Reading for the City Council Meeting of January 8, 2012 DATE: November 19, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Interlocal Agreement with Nueces County for Sports Field Improvements CAPTION: Ordinance authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park, and Oxychem Park. PURPOSE: This Interlocal Agreement will give Nueces County and the City of Corpus Christi the ability to leverage development and capital improvement funds to increase the scope of development either entity could not accomplish alone. The 2008 Bond Program included $300,000 in the Parks Proposition for improvements to the youth sports fields at this park. BACKGROUND AND FINDINGS: Oxy Petrochemicals Inc. donated property that included 31 acres to the City of Corpus Christi and Nueces County as tenants in common on April 28, 1997. Once known as Oxy Chem Park this property is now known as Equistar Park and is located near the intersection of McKinzie Road and Haven Drive. The deed requires that this property be used as a youth sports facility. The Nueces County Parks Department and County Commissioner Mike Pusley have plans for enhancing Equistar Park and the adjacent property to improve the recreation and athletic facilities available to residents in Northwest Corpus Christi. ALTERNATIVES: Do not approve the Interlocal Agreement and redirect usage of the bond funds to other youth sports field projects. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all interlocal agreements which include the reimbursement of city funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal 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 $300,000 $300,000 Encumbered / Expended Amount This item BALANCE J$300,000 J$300,000 Fund(s): Parks Cl P — 2008 Bond Comments: Funding has already been appropriated as part of the 2008 Bond program. RECOMMENDATION: Staff recommends the approval of the Interlocal Agreement with Nueces County LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement with Nueces County Ordinance Ordinance authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park, and Oxychem Park. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park and Oxychem Park. A copy of the Interlocal Agreement is attached and a fully executed copy shall be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of Nelda Martinez Mayor STATE OF TEXAS § COUNTY OF NUECL +'S § INTERLOCAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY FOR SPORTS FIELII IMPROVEMENTS WHEREAS, in 2008, City of Corpus Christi, Texas (the "City ") voters approved Proposition G which authorized the issuance of limited ad valorem tax supported public securities to finance City -wide park, and recreational improvements including sports field lighting and other I mprovements ("Bond Funds "); WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes contracts between local governmental entities, such as the City and Nueces County, Texas (the "County ") to perform governmental functions and services, including parks and recreation; WH1-'MEAS, the City desires to partner with the County to make improvements to sports fields on Nueces County property located within the City, specifically on LyondellBasell Park, Equistar Park ,and on City /County jointly owned Oxychern Park; NOW, ' HEREFOIM THIS AGREEMY'M is hereby made and entered into by City and County, upon and for the mutual consideration stated herein. 1. County skull construct sports field improvements described in general on Exhibit A (the "Improvements ") at I.,yondellBasell Park , ( "Lyondell Park "), at Equistar Park, and Oxycheinn Park on or before December 31, 2013, 2. City shall reimburse County up to three hundred thousand dollars ($300,000,00) of Bond Funds for the construction of the Improvements within thirty (30) days of presentation of invoice by the County, after completion of the Improvements. 3. As consideration for providing this funding, County agrees that any lease or license agreement between, the County and third party concerning the use of the sports fields at LyondellBasell Park, Equistar Park and Oxychem Park constructed in whole or part with the Bond Funds provided herein shall be limited to youth, non - profit sports leagues, with membership open to all City residents. In addition, the County must have prior written approval of the City to the proposed agreement to ensure that the City has use of Lyondell1lassell Pads Fields, Equistar Park fields, and Oxychem Park at such times that the fields are not in use by the third party. The agreement between the City, County, and third party shall address responsibility for repair, maintenance, and upkeep of the Improvements. 4. The City's interest in the Improvements represents a license therein, being an interest in real property recognized wader Texas law and the parties hereto. The license acquired by the City hereunder shall not expire prior to the final maturity of the public securities from which the Bond Funds are derived, For so long as the license is in effect but no later than December 31, 2030 or the last maturity of the public securities from which the Bond Funds are derived, unless City 2 provides County with written notice of extended date, the County may not resell, transfer or dispose of the Improvements, except with prior written approval of the City's Parks Director and the City Director of Financial Services. S. The parties hereto agree that all expenditures under this Agreement shall be paid with current revenues of the paying; party. b. County shall hire a contractor to construct the Improvements. County shall ensure that Contractor complies with all applicable Federal, State and Local laws and regulations, and obtains proper permits. County shall ensure that its contractor obtains the insurance as described on the attached Exhibit B prior to Contractor beginning work. County shall ensure that its contract with its contractor includes an indemnity provision whereby the contractor shall indemnify the City fi'om any and all liability which arises out of Contractor's construction of the Improvements. County's contract with its contractor shall include the following provision: `,[COUNTY CONTRACTOR] SHALL INDEMNIFY, FOLD HARMLESS AND Dur,FE,ND THE CITY OF CORPUS CHRISTI, TEXAS AND ITS RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ,ACCOUNT OF DEA'T'H, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER FIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COUNT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THE REMOVAL, INSTALLATION, AND UST; OF THE EQUIPMENT (IMPROVEMENTS) DESCRIBED IN THIS CONTRACT OR TIIE PERFORMANCE OF '1111S CON'T'RACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE' CAUSED BY THE, CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITII THE FAULT OF ANY OTHER PERSON OR GROUP. [COUNTY CONTRACTOR) MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR. SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SNI`ISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COS'T'S AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTION. THE INDEMNIFICATION OBLIGATIONS OF CONTRAC'T'OR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMEN'r." 7. This Agreement takes effect upon date; of last signature and shall be in effect until the later of December 31, 2030, the last :maturity of the public securities from which the Bond funds are derived. S. If the Improvements are not completed by December 31, 2013, then this agreement is null and void, and the City has no payment obligations to the County and County has no obligations to the City. However, the City Manager may approve extensions to the completion deadline. 3 9. The County assume all risks and liability for the construction, use, operation, and maintenance of the Improvements on the County -owned parks (LyondellBasell Park and le,quistar Park). 11. This Agreement has been duly executed and delivered by all parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement represents and warrants that they have full right and authority to enter into this Agreement, 12. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. 13. APPLICABL} LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venuo of any legal action filed by either the City or County shall be in Nueces County, Texas. 14. SEV'ERABILrrY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the .Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 15, NOTIFICATION. Any and all notices which may be required under the terms of the Agreement shall be delivered by registered or certified United States mail or by'a recognized commercial carrier or delivery service as follows: NUECES COUNTY: Nueces County Judge 901 Leopard, Room 303 Corpus Christi, Texas 78 401 COPY CITY OF CORPUS CHRISTI Director of Financial Services 1201 Leopard Street Corpus Christi, Texas 78401 CITY Or CORPUS CHRISTI Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78401 ' • originals, this the U a of 0 IMIU , 2012 b Nueces County Executed m duplicate �., y _�... _... �' by its duty authorized officer: Nueces County By- ' Samue . Neal, r. County Judge Attcste• 13. y. �) Diana Barrern Nueces County Clerk O Approved as to form: � '2012 BY: Lau a aria Jimenez, N e es Coun Attorney For Nueces county 6 Executed in duplicate originals, this the day of , 2012 by City of Corpus Christi by its duty authorized City Manager: By: Ronald L. Olson City Manager Attest: By, Armando Chapa City Secretary Approved as to form: ^ , 2012 By: Lisa .Aguilar, Assistant City Attorney For the City Attorney EXHIBIT "A" NOTES,, i. Thts prollminary estimate of probable cost Is In 2092 dollars and should be escalated to the midpoint of construction If delayed. PITS DOCUMVNT IS VOR 1WERIM REVFZW ANA 13 NOT INTMDED PQR CONmTRI1CITON, BLQ))INGI FERMIx OR OTIMR UNAU'I`FTORUE.D )?UA'OS". TiIESEDOCUMtNTSIPLANS W1E RIt AIITIIORTZZID TO DE ItURASED. Wi MAN A.40817 [`EX..M MCMP'Not 2Kw DATT;i ffaM 1ryondeliBaseli Nueces County sports 61812012 Complex Improvements project Page 1 of 1 WZY-5-It"m egam MMMM IMA x E 0 t: 0 Ni CD ,a C 0 >k —j 7 EXHIBIT INSURANCE RE UIRENIENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor 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 Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City and must be named as additional insureds for the General liability policy. A blanket waiver of subrogation in favor of the City Is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation is required on all Bodily Injury and Property Damage certificates or by policy endorsement. Per occurrence - aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises — Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7, Independent Contractors AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2. Hired & Non -owned vehicles WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION WORKERS' COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,0001$500,000 / $600,000 C. In the event of accidents of any kind, the Contractor most furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. EV 11. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. S. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to 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). Contractor 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. Contractor 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 (351) 826 -4555- F'ax# D. Contractor agrees that with respect to the above required Insurance, all Insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named Insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is additional Insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and M + provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Contractor to provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any Insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It Is agreed that Contractor's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I, It is understood and agreed that the Insurance required is in addition to and separate from any other obligation contained in this contract. 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of December 18, 2012 852 Second Reading for the City Council Meeting of January 8, 2012 DATE: November 19, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Nueces County Youth Football League License Agreement for Use of Equistar Park CAPTION: Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program. PURPOSE- The license agreement will give Nueces County Youth Football League ability to operate youth sports program /league at Equistar Park in Northwest Corpus Christi. The initial term is two years with the option of two 2 -year extensions. The league will be responsible for the maintenance of their respective fields and coordination of leagues and programs. BACKGROUND AND FINDINGS: Nueces County and the City have partnered to ensure the development and use of LyondellBasell Park and Equistar Park on Haven Drive in Northwest Corpus Christi for residents and visitors. A Interlocal Agreement between the County and City has allowed both entities to leverage County grant and City bond funds ($150,000 from Bond 2008) to include the construction of soccer fields and improvements to existing football fields at the park. The existing football fields will be improved. The Nueces County Youth Football League will be a new tenant to the park as well. The Nueces County Inland Parks Department will manage the agreements ensuring compliance with maintenance and program /league operational standards. ALTERNATIVES: Do not approve the license agreements and require County /City Parks Departments to provide direct programs /leagues. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all license agreements EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal 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: none RECOMMENDATION: Staff recommends the approval of license agreement. LIST OF SUPPORTING DOCUMENTS: License Agreement with Nueces County Youth Football League Ordinance Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program with a two year term and option to extend for additional two -year terms. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program with a two -year term and options to extend for additional two -year terms. A copy of the agreement is attached and a fully executed copy shall be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor LICENSE AGREEMENT This License agreement (hereinafter referred to as "Agreement ") is entered by and between Nueces County ( "County "), acting through its duly authorized agent whose business address is 901 Leopard, Room 303, Corpus Christi, TX 78401 and City of Corpus Christi ( "City "), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business address is (hereinafter City and County is referred to as "Licensor"), and Nueces County Youth Football League acting through its authorized agent whose business address is Corpus Christi, Texas ( "Licensee "). For and in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally mound, agree as follows: PURPOSE AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use .a specified area of Licensor co-owned property located at Equistar.Park, Haven Drive in Northwest Corpus Christi (the "Venue ") located in Nueces County, texas during the Terra of this Agreement for the purpose of operation of a youth sport program, specifically football program and for no other purpose. Venue is identified by diagram (Exhibit "A "). The "Term" of this Agreement shall be for a two (2) year term with extensions of two (2) -year increments unless this License Agreement is terminated as defined in Article 26. For an Extension, Licensee shall provide thirty (30) days written notice of its intent to extend the term prior to the expiration of the Terra. Said notice is to be provided pursuant to Article 22. Licensee's "Tunes of Occupancy" of Venue during Term shall be limited as detailed herein. It is agreed;that Licensee shall be the occupant of Venue August 1, through July 31 unless terminated as defined in Article 26. Licensor and Licensee shall use the Venue pursuant to Article 4 Licensor shall reserve the right to allow the public's use of venue during Times of Occupancy when Licensee is not using the Venue pursuant to Article 4. CONTACT PERSON /ADMINI5TIRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of Inland parks or his designee ( "Director "). 2 LICENSE FEE /CONSIDERATION Article 3. As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the venue as a Youth Sports program, specifically football and for no other purpose. Licensee agrees to maintain the venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor and any rules promulgated in the future, specifically specified in .Article 13 of this Agreement. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement. JOINT USE Article 4. Licensor retains joint use of the venue and improvements during the term of this Agreement, subject to Licensee's right to exclusive control of the Venue during its Time for Occupancy for Youth Program Sports purposes. Licensee must not deny access to nor use of the Venue to the general public for unorganized activities when the Venue is not being used by Licensee during Times of Occupancy. Requests for scheduled organized activities by other organizations or public use will be reviewed for approval or denial by the Director, REPRESENTATIONS, WARRANTIES &. COVENANTS Article S. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and /or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon licensor in accordance with the terms hereof. Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction.contemplated hereby, Licensee agrees that this Agreement is a valid obligation of Licensee and is binding upon Licensee in accordance with the terms hereof. Licensee shall keep the Venue in an orderly condition while in use. COMPLIANCE WITH LAWS Article. 6. During the Term, Licensee shall obey and comply with all laws, ordinances, and regulations.of 211 federal, state, county, or municipal authorities and with all notices, reasonable requirements and reasonable recommendations of any insurance organizations, associations, or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES. BOTH ACTUAL AND EXEMPLARY, . INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASSIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER. NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN FART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPOLYEES. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECITON IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY AND. PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FFROM THE CONSEQUENCES OF LICENSGR'S AND THEIR RESPONCTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS. THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 4 INSURANCE REQUIREMENTS Article 8, Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Terre as required by Exhibit "13" entitled "INSURANCE REQUIREMENTS ". INTEGRATION CLAUSE Article 9. This contract supersedes any and all other agreements, either oral or in wiring, between the parties with respect to the subject matter of this agreement, and. contains all of the covenants and agreements between Licensor and Licensee with respect to the subject matter, Both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party,. or anyone acting on behalf of any party that are not set forth In this Agreement, and that no agreement, statement, or promise not contained this Agreement shall be valid or binding. FORCE MAIEURE Article 10. The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence." shall be defined to include, without limitation, Act of Cod, strike, labor disputes, war, fire, earthquake, actions of public enemies; acts of terrorism, epidermic, action of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. In the event of a cancellation of the Event due to a "Force Majeure Occurrence ", each party shall be relieved of its obligations hereunder with respect to the performance so prevented. ORDINANCES, LAWS AND REGULATIONS. Article 11. The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of the Event contemplated herein, it shall be the obligation of the Licensee to apply far, pay for, and obtain all permits and licenses as required by the various agencies of federal, state, and local governments and agencies. UTILITIES Article. 12. Licensee must pay for all utilities used by it or for any activity sponsored by Licensee on the Venue prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Agreement. Licensee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue, up to maximum number of gallons set by City Director of.Parks and Recreation each calendar year. Licensee is responsible to arrange and pay for trash removal service. MAINTENANCE /REPAIRS Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter on a .daily basis whenever the Venue is being used and weekly during the rest of the year. City and County will provide the trash cans; (B) Licensee shall keep fully operational and in good repair any improvements at the Venue, including but not limited to the fields, bleachers, concession stands lighting, and fencing.. Unless otherwise agreed upon, . Licensor has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas. However, unless otherwise agreed upon, Licensors.have no responsibility to repair or place any damages to Venue or improvements at the Venue caused by vandalism, or caused by any other reason.. (D) Licensee rrnust keep safe and in good repair the bluchers, if any; Licensee must repair the bleachers immediately upon discovery of damages.; (E) Licensee shall maintain the sports fields within the Venue boundary lines. Grass can the sports fields must not exceed three (3) inches, Licensee must mow the sports fields within one (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought into playing condition. Licensee shall be responsible, at their sole cost, for winterizing,. weeding and feeding, and providing iron on the practice and playing fields in accordance with the industry standard months as required to properly bringing the fields back to playing condition. failure 6 to keep the grass on the sports fields at or below three (3) inches in height or to properly bring the field luck to playing condition will be grounds for termination of the Agreement. (E_) Licensee will provide normal scheduled mewing of the Venue. Licensee will be responsible for maintaining the sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (G) inches. (G) if restroom facilities are not available, Licensee, at Licensee's sole expense, must provide portable toilets for public use whenever Venue.is being used for league activity. The portable toilets must be serviced and sanitized at least once a week or, as often as the circumstances required as determined by the Director or his designee. (Fi) Licensee shall ensure that no parking is allowed on grass area of any playing or practice fields. (1) If Licensee use goal posts on the Venue, Licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue. Licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty -eight (48) Fours after the need for repair it or should have been. discovered. Licensee- shall not allow use of the Venue until the anchoring system is repaired. (J) Licensee is responsible for proper installation and use of all equipment and improvements at Premises. (K) Licensee must.maintain a F=irst Aid kit at Venue. (L) Licensee must complete and submit the attached Exhibit C, Standard of Maintenance Sports Field Checklist, to the City Director of Parks and. Recreation no later than March 1 and August 1 of each year. During the months of May and December, City employees will perform inspection to confirm compliance with standard of maintenance. Inspection of Venue. licensor has the right to inspect the Venue and /or improvements at any time during the term of this Agreement. Specifically, prior to and at the conclusion of each year, under the Term of the Agreement, a walk through of the Venue will be conducted by Licensor and Licensee to note the condition of Venue. If an inspection reveals that. maintenance is not being properly carried out, Director may provide written notice to Licensee demanding compliance. if Licensee has not compiled within five (5) days after receipt of the demand, the County may undertake the work and licensee .shall pay the County's cost plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this License. Alternatively, the Licensor may elect to terminate this Agreement after (10) days written notice to licensee. Repairs: Licensee shall be responsible for repairing any portion of Venue damaged by Licensee, participants, event attendees, or invitees of Licensee. ALTERATIONS TO VENUE Article 14. Licensee agrees that it will not make any permanent alteration or physical additions (1m prove ments ") to Venue without Director's prior written consent. No alterations or improvement to the Venue are required for Licensee's use. All approved improvements will be property of Licensor at the expiration of Termination of the Agreement. AUDIT OF LICENSEE Article 15. Licensor shall be allowed access to Licensee's financial books and records for auditing purposes. Licensee shall maintain and cause any contractors and subcontractors, relating to improvements, to maintain satisfactory financial accounting documents and records and shall make them available for examination and audit by the Licenser on a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee will permit Licensor (and its agents) to inspect any and all pertinent records, file, information, and other written materials pertaining to this Agreement. Records shall be available upon Licensor's request, RELATIONSHIP OF THE PARTIES Article 16. Nothing contained in this Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures with each other. Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all costs as specified in this Agreement. Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense, if any involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, Licensee shall promptly pay or bond such liens to Licenser's reasonable satisfaction or otherwise obtain the release or discharge thereof. 8 ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments. Any activity or tournament allowed to take place at the Venue shall be the responsibility of the Licensee to indemnify and insure. in accordance with this Agreement APPLICABLE LAW Article 18. The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be amended or changed except by written agreement signed by both parties thereto. NO WAIVER OF RIGHTS Article 20. If either party fails to enforce, any of the provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it wiil.not considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The. failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERABILITY Article 21, if any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected; impaired, or invalidated. NOTICES Article 22. All notices given hereunder shall be in writing and shall be deemed to have been duly given if delivered personally With receipt acknowledged or sent by registered or certified 9 mail or equivalent, if available, return receipt requested (which shall be confirmed by a writing sent by registered or certified mail or equivalent on the same day that such notification is sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses set forth: - _ , President of Nueces County Youth Football League, at Corpus Christi, TX 78426; Nueces County, County Judge, 901 Leopard Room 303, Corpus Christi, TX 78401; and City of Corpus Christi, at Carpus Christi City Wall, 1203. Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 7840.1. SURRENDER OF VENUE AT END OF TERM /HOLDOVER Article 23, Upon the expiration or termination of Term of this Agreement, Licensee shall vacate and surrender to licensor, the Venue, and Licensee shall at Licensee's sole expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement. Any property remaining at the Venue shall be deemed . abandoned by Licensee and imy be retained or disposed of by Licensor in any manner that Licensor may see fit, without prejudice to Licenser's rights against Licensee for failure to remove such property, and Licensor shall not be 'required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensor after expiration of ^Germ or earlier termination of this License, licensee shall pay Licensor a monthly fee to be determined by the County. Further, in the event Licensee shall hold over beyond any date for surrender of Venue set forth in Licensee's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to deliver possession of Venue to another, together with interest on such expenses at maximurn. interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Term of this License or afford .Licensee any right to possession of the Venue beyond any date through which such rent has been paid by Licensee and accepted by the Licensor. Such monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor otherwise agrees In writing, such holding over shall be and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any srnn due pursuant to this paragraph. 10 TITLES FOR CONVENIENCE ONLY Article.24. The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy. SECURITY, STAFFING AND OTHER ITEMS Article 25. Licensee expressly agrees to provide security as determined by licensee, for Events at Venue during Times of Occupancy during Term and any and all staffing for Events. Licensee shall provide at its sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own coaches, assistant coaches; trainers, referees or other necessary officials for the Events, timekeepers, game clock operators, public address announcers, and any medical personnel for the players. This is not an exhaustive list. Licensor is not responsible for any payment due to these staffers and parties expressly acknowledge. that these are not Licensee's employees. In addition, Licensee, in connection with each. Event to which this License applies shall furnish or arrange to furnish at its own expense: 1. Equipment and uniforms for players 2, All applicable licenses, if applicable for the Event. TERMINATION WITHOUT FAULTjTERMINATION FOR DEFAULT Article 26 Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Licensor may terminate Licensee's right to possession to the Venue, th.e enjoyrnent.of the issues and profits there. from reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed .guilty of any manner of trespass and without prejudice to any remedies for arrears in payment or casts incurred due hereunder or existing breaches hereof. 11 Licensor does not waive its rights to pursue all applicable legal rernedies, including bu.t not limited to breach of contract claims based upon non - performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27. No provision or covenant of this License shall constitute a limitation or waiver of the right of the licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENT/WAIVER Article 28, No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by on instrument in writing by the Licensor and Licensee with the same formality as this License. Without limiting the generality of the preceding sentence, no course Of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or more instances upon the strict performance of any of covenants, agreements, terms, provisions or conditions of this License or to exercise any covenant, agreement, term, provision, condition, election or option, but the same shall. continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this license shall be deemec( to have been made unless expressed in writing and signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAM Article? 29. This Agreement shall be governed by and construed in accordance With the laws of the State of Texas. CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. 12 CONSTRUCTION Article 31. The language used in this License will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. This License will not be construed against drafter. BACKGROUND CHECKS Article 32. Licensee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. SPORTSMANSHIP PROGRAM Article 33. Licensee shall require that all of its coaches and board members complete a state or nationally recognized,. or Director approved, sportsmanship program. Licensee shalt encourage parents. and/or legal.guardians of the youth participants to attend a sportsmanship program.. Licensee is required to turn in an outline of the components of the sportsmanship program; This must include course outline, and dates of the meetings. Licensee must also provide a list of all coaches, board members and parents /legal guardian signatures of attendance at the sportsmanship program. COMPLAINT NOTICE AND OTHER REQUIRED. SIGNS Article 33.. Licensee must post and maintain a sign with sportsmanship policies and possible consequences for non- compliarice with policies.. Licensee must post and maintain signs to indicate restricted parking areas and also that no parking on grass is permitted. Licensee must past Health permits at the concession areas. Licensee must store food handler cards on file at the Premises. Licensee must promptly replace or repair any damaged or missing signage. LIST OF CURRENT OFFICERS AND 130ARD OF DIRECTORS; BYLAWS Article 34. Licensee must submit its current List of Officers and Board of Directors (List) to the Director as defined in Article 2 of this Agreement by each January 31 of each year of this Agreement.. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Licensee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Licensee must provide Director of with copy of the current Bylaws, and immediately provide Director with any amendments to the bylaws. 1.3 REPORTING Article 3S. All reports must be submitted to the Director within two weeks after the start of licensee's season. Licensee must provide Director with schedules of each division prior to each session. Licensee must provide Director with list of league to.urnarnents scheduled at the Premises. Any tournaments not on schedule for league purposes must be approved in advance by Director. Licensee is responsible to ensure that each tournament at the Premises is covered by the same insurance as required for Licensee's activities under this Agreement. SIGNATURES* EXECUTED ONE -) 4 )____2012, Nueces County, Texas. LICENSORS- NUECES COUNTY I3Y: Samuel Loyd Neal, Jr. Nueces County Judge ATTESTED: By.: ND- t-UL/0 � Diana T. Barrera, County Cle LICENSEE EXECUTED ON CITY OF CORPUS CHRISTI By: 0 BY :._ An y. President Nueces County Youth Football League Ronald L. Olson City Manager Nueces County, Texas 1 15 EXHIBIT B INSURANCE REQUIREMENTS LICENSEE'S LIABILITY INSURANCE A, Licensee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the Gity. Licensee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Licensee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with applicable policy endorsements naming the City and Nueces County named as additional insureds' for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable. to the City's Risk Manager, TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation is re.quirod on Bodily Injury and Property Damage all certificates Per occurrence I aggregate Commercial General Liability including, 1. Commercial Broad Form 2. Premises - Operations 31 products/ Completed Operations Hazard 4, Contractual Liability 5, Independent Contractors 6, Personal Injury $1,000,000 COMBINED.SINGI.E LIMIT C. In the event of accidents of any kind, related to this agreement the Licensee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident, 16 ll. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi and Nueces County trust be named as additional insureds on the liability coverage, and a blanket waiver of subrogation on all applicable policies. The dame of the. facility being leased must be listed under "Description of Operations " - At a minimum, a 3.0,day written notice of termination, non renewal, material change or cancellation is required. 2012 City /county License agreement with Wines county Youth Football League insurance requirements 5 -3 -12 op risk Management END 17 EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March.I and August 1 each year at the Agreement SITE: --- - - - - -- .............. ... ... INSPECTOR- ADDRESS: hate of Inspectlow League. President Signature .Print All Leagues will be expected to complete. this self - inspection checklist form semi annually. Due date' (March 1 and August 1.) each year of.the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league is responsible for their self inspection. if the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of l -eases the league will be assessed a fee of $250.00 ger site Check "No" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. PLAYING SURFACE Yes No [ I [ 3 I. The soil is too loose to provide good running [ ] [ 2. The sail is too compacted to provide good drainage. [ I [ 1 3. The playing area has low spots, holes, or is not level and should be dragged /re- graded. ( ) [ 1 4. There is a hazardous soil buildup (lip) Between the playing area and the turf. [ I 11 5. The playing area has unsafe wet spots and /or fuddles. ( I ( I G. Maintenance equipment such as raises, hoses, etc. [lave been left on the field. 1a ( )H 7. Litter and unsafe debris is scattered a. round the playing area and player /spectator areas. [ ]) ] 8. The supply and location of waste cans is () () 9, If available at Venue, sprinkler heads, drainage grates, valve boxes, etc. In the field are above grade. or have sharp edges or unsafe [) [ ] 10. There have been recurring accidents from players running into surrounding objects such as fencing, light pasts, bleachers, ( I [ I 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [ I [ I 12 There are unsafe bare spots in turf with a hard soil surface exposed. ________ I I t I 13. The surface is uneven because of soil grade. — �_ —_ -- () [.] 14. Soil is too wet or drains poorly making an unsafe running surface. _ [ I [ J 15. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] (] 16. Turf irrigation carves on during games. (I (] 17. Turf is not stable and "blow- nuts" frequently occur. [ ] (I 18.Wee&are present with thorns, bristles, or (] (] 19 Moles, gophers or other animals havo caused moun& or holes. [ I [ ] 20. Hazardous ruts occur on the field from mowing equipment or trenching: COMMENTS FENCING (if available at Venue) Yes No [ ] [) I. Fence posts are loose or improperly set in the ground. _ [ ] ] ] 2. rence posts are on the inside of the playing area fence. 19 ] ] ] ] 3. Concrete footings are exposed above ground., [ ] C ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. _- [ ] �, 5, There are unsafe gaps under fencing; G. There is no bottom tension wire or railing to secure (he bottom of the fence. (] [ ] 7. There is not top railing to secure fence at the top. 8. Wire ends of chain link fencing are exposed along the top. __ -- [ There are darnaged portions of fencing that are loose; sharp, protruding, or unsafe. ] ] ] ] JO.. Gates are left open during games. --- COMMENTS SIGNS Yes No j I 1 1. Signs are in good condition. C ] [ ] 2, sign. with Parks and Recreation phone number for complaints or concerns. [ ] [ ] 3. No parking in grass. [ ] [ ] 4. Sportsmanship signs with league rules; guidelines, and passible consequences. C ] f j S. AC A Handicap parking spats. _ C } [ } G. Adequate traffic markings, _ 7. Maintenance area "keep out",, COMMENTS 20 CONCESSION STAND / RESTRDOMS. (if available at Venue) Yes No f ] [ 1 1, Health permits poste. ] ] [ ] 2: Food handlers cards on file. 3. Appropriate signs for doorways. [ 1 C 1 4. Cleanliness of restroarns and concession area. [ ] [ ] S. Condition of buildings. _ COMMENTS LIGHTING (if available at Venue) Yes No. C 1 ] ] 1. The lighting was not designed, installed, or inspected by properly.trained. engineers or technicians. 2. There are burned out lights. [ ] l 3• The beam direction of the lights are out of adjustment. C 1 C 1 4. The lighting grid pattern on the field is unevon or irregular.. [ ] [ ] 5. Tho lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ 1 [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. C 1 [ 1 2. The guard rails are loose or missing...._ C ] C ] 3. The plank or railing end caps are loose or missing... 22 [ J [ 1 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges, COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ 1 [ 1 I. The chalking nzateriai used is.irritating to the eyes. [ ] [ 1 2. There are no warning sighs posted informing players or spectators of use rules or hazardous conditions. 11 [ 1 3. There are no public telephones available for emergency situations. [ 1 [ 1 4. Areas that are hazardous or under repair have not been blocked off or identified. [ 1 [ 1 5. There is currently no communication between th.e maintenance staff and the facility users. COMMENTS 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 18, 2012 852 Second Reading Ordinance for the City Council Meeting of January 8, 2013 DATE: December 7, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Latchkey Afterschool Snack program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. PURPOSE: To provide after school supplements (snacks) for the after school enrichment programs at the Latchkey sites. This program requires no city matching funds for qualifying sites. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and /or enrichment activities. The Parks and Recreation Department has a total of 23 Latchkey sites that qualify for meal service based on eligibility. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. The Latchkey program subsidizes the snacks for these sites. Latchkey sites in the Calallen and Flour Bluff Independent School Districts are provided snacks through similar grants awarded to those districts. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again has entered enter into a contract with CCISD to prepare and deliver snacks at a rate of $.68 per snack for the school year beginning October 1, 2012 - June 7, 2013 (based on Federal funding year). CCISD has approved the food service agreement. ALTERNATIVES: Do not offer afterschool snacks to designated Latchkey sites. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council required to accept and appropriate grant funding. EMERGENCY /NON- EMERGENCY: Non - emergency. DEPARTMENTALCLEARANCES: Legal, Finance 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 203,608 203,608 BALANCE 203,608 203,608 Fund(s): Parks and Recreation Grant Fund 1067 Comments: This is a reimbursement program. There is no required City cash match. $191,120 was awarded during FY2011 -2012. RECOMMENDATION: Staff recommends the City Council appropriate the Child and Adult Care Food Program grant for FY 2012 -2013. LIST OF SUPPORTING DOCUMENTS: Notice of Funding, Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack 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 the grant in the amount of $203,608 from the Texas Department of Agriculture for the Latchkey After School Snack Program. SECTION 2. That the $203,608 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. SECTION 3. This Ordinance shall take effect and be in full force immediately after its adoption by the City Council. 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 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Texas Unified Nutrition Programs System I Application Packet Sponsor of Affiliated Sites Page 1 of 1 Application Packet Sponsor of Affiliated Sites 01507 Status: Active CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DBA: 1201 LEOPARD CORPUS CHRISTI, TX 78469 -9277 County District Code: 178 TDA Region: 5 Packet Submitted Date: 10/10/2012 Packet Approved Date: 10/27/2012 Packet Original Approval Date: 10/27/2012 Packet Status: Approved Next Base Year Renewal: 2014 - 2015 Show Packet History x https:lltxunps l . texasagric.ulture. gov/ TXUNPS/ Caefl AppPacket .aspx ?enc= acnVachf*t9rjd... 11/12/2012 Latest Action Form Name Version Status :View I Revise se Contracting Entity Application - Original Approved Revise I Details V Board of Directors Original Approved lVfew I Revise Contracting Entity Budget Detail "+ Original Approved IDetals N� Checklist (8) Approved Pending Return for Denied Withdrawn/ Total Correction- Closed Error Applications [Site Application(s) 22 0 1 0 0 0 23 Next Base Year Renewal: 2014 - 2015 Show Packet History x https:lltxunps l . texasagric.ulture. gov/ TXUNPS/ Caefl AppPacket .aspx ?enc= acnVachf*t9rjd... 11/12/2012 AGENDA MEMORANDUM First Reading at the City Council Meeting of December 18, 2012 Second Reading at the City Council Meeting of January 8, 2013 DATE: January 8, 2013 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 fifteen (15) foreclosed properties CAPTION: Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 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 fifteen (15) properties at the bid prices listed in Exhibit A. 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 fifteen (15) properties. Each of the fifteen (15) properties was reviewed by Neighborhood Services, Engineering Services, Planning, and Parks and Recreation for potential City use. No properties were identified. 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 • Neighborhood Services • Engineering Services • Planning • Parks and Recreation 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 - $ 15,903.42 - $ 15,903.42 BALANCE - $ 15,903.42 - $ 15,903.42 FUND(S): General Fund and Debt Service Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Ordinance Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91, plus $9,524.51 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 fifteen (15) properties listed on the attached and incorporated Exhibit A for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 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. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor H � a E� � a xw w� w H an N C1 4 � 4 C1 00 , C1 l— l� 00 C� 7t oc M (= N (= V') '!t — 00 N --�� --� 00 l� N Vn l� 00 00 00 Vn Vn l� Vn M 7t N 4 V') M -- -- l� N 4 i 7t N N �--� M M V') Vl AO M EA r" r.`rg; %rn O O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 0 0 0 0 0 0 F N V1 7; � P••i U O O O O O�� U � U �.a�o cs.0 W • o wwwQF°W ov�a� o C3 W W W O O O O O 0 0 0 0 0 0 0 0 0 0 00000 °�;oN000OOOo O o0 N C1 -- 't M N \O O M -- U `p `p `p o0 W� W� N N W� -- N O O O O O 0 0 0 0 0 0 0 0 0 0 O N Cq N \O v� Cq N O U��� N N�-!t O \O 00 00 't 00 4 4 4 — V') N 4 \O O N N N N N N N M l� l� v' N U Q ,� � � • � N N N � 'C �' U � Q O C "C Q S. aO \O M� M M N N C) O M M --� O� M �n N 00 C1 v t� N O O C1 U i i i i i i i i i V> J � V� M M M�� ' M O O O M O� 't 't 't O o0 00 00 � -- C� � O � O� O oo O O� O \O \O \O N o0 00 0o O� v p N N N O O O M U N v r o0 0o O oc O N y � � � � � co co co co co co co co co co �I N M v� .�y"s3S C 0 AGENDA MEMORANDUM Public Hearing / 1s' Reading for City Council meeting of December 18, 2012 1852 2nd Reading and Adoption for the City Council meeting of January 8, 2013 DATE: November 27, 2012 TO: Ron L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services 826 -3781 petean cctexas.com Public hearing to consider an amendment to the Future Land Use Plan related to land use compatibly under flight zones near Cabaniss Field CAPTION: Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the Corpus Christi Future Land Use Plan (adopted by Ordinance 026278 and thereafter amended by Ordinance 028504) by revising the future land use maps surrounding Cabaniss Field; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. PURPOSE: To change the Future Land Use Plan to create compatible land uses near Cabaniss Field based on the new 2009 Air Installation Compatible Use Zones. BACKGROUND AND FINDINGS: The 2009 Navy Air Installation Compatible Use Zones (AICUZ) replaced the original 1980 AICUZs. East of Cabaniss Field, changes to the AICUZs have resulted in new flight zones (Accident Potential Zones 1 and 2) over high growth areas at Weber Road and Yorktown Boulevard. Flight patterns have also changed west of Cabaniss Field, creating a need to consider changes to the City's Future Land Use Plan. Navy recommendations for uses under flight zones suggest either no residential uses (Accident Potential Zone 1) or restricted density of residential uses (Accident Zone 2) and no uses that are characterized by congregation of large groups of people. Therefore, the proposed changes are intended to help create land use compatibility and a safe responsible development near Cabaniss Field. Both the new 2009 and old 1980 flight zones maps have been attached. The proposed Future Land Use Plan (Exhibit A) addresses the following changes: 1. Southeast of Yorktown Boulevard / Weber Road Intersection — vacant land proposed for multi- family and residential uses have been designated as land proposed for commercial uses. 2. South of Oso Creek and south of FM 43, the area labeled 29 on Exhibit A is an Accident Potential Zone 2 and has been designated with Estate Density Land Use. Estate Density Land Use is defined on the adopted Future Land Use Master Plan with a density of up to 1 dwelling unit per acre. 3. Along Oso Creek the floodway areas have been updated with the most current FEMA Floodway information. 4. A 300 foot width of Estate Residential (1 unit per acre) is also shown next to the floodway on the south side of Oso Creek to promote lower density next to the most flood prone areas. Estate Residential density is also consistent with the Oso Parkway Plan recommendations. 5. Northwest of Cabaniss Field in area 12 on Exhibit A, except for city owned property designated as park, several areas have been changed from multi - family use to light industrial use consistent with existing uses in the area. 6. To the northeast of Cabaniss Field, area 25 on Exhibit A located north of Saratoga Boulevard has been designated from light industrial to commercial. This is consistent with development trends in the area and sustainability principles for the area. ALTERNATIVES: To not amend the Future Land Use Plan map and allow incompatible development to occur in conflict with the Navy Air Installation Use Guidelines. OTHER CONSIDERATIONS: The military is constantly evaluating military facilities all over the world for land use compatibility within local jurisdictions. Actions to create land use compatibility are within local control and could play an important role in determining if a facility can expand existing missions or accept new missions, thereby benefiting the local economy. CONFORMITY TO CITY POLICY: Corpus Christi Policy Statements AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY AIRPORTS SHOULD BE DEVELOPED IN A MANNER THAT IS COMPATIBLE WITH THE OPERATION OF THE AIRPORTS. Airports are characterized by high levels of noise and the potential for accidents under the major flight patterns. Properties in the immediate vicinity of the airports should be required to develop in a manner that is sensitive to expected levels of noise and which will not subject residents to unreasonable risk due to possible accidents. Adopted Flour Bluff Area Development Plan — Goals Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: The Development Services Department and the Planning and Environmental Services Department recommend adoption of the proposed changes to the Future Land Use Plan map. Planning Commission recommended approval on November 7, 2012. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ CIP 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: NA RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: 2009 Cabaniss Field AICUZ Map 1980 Cabaniss Field AICUZ Map Existing Land Use Cabaniss Field Adopted Future Land Use Cabaniss Field Excerpt from Planning Commission Draft Minutes Ordinance Exhibit A: Proposed Future Land Use Cabaniss Field 2009 Air Installation Compatible Use Zone Map 1980 Air Installation Compatible Use Zone Map Existing Land Use Cabaniss Field a�( l:f? r J @p I 1 Adopted Future Land Use Cabaniss Field MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers November 7, 2012 5:30 P.M. COMMISSIONERS: A. Javier Huerta, Chairman Govind Nadkarni, Vice Chairman Mark Adame Fred Braselton Absent* Marco Castillo Gabriel Guerra* Chris Hamilton Mike Lippincott Absent* Philip Ramirez *Arrived at 5:40 p.m. I. CALL TO ORDE The meeting we quorum was dec IV. PU C. PRESEN' CITY COUNCIL' SURROUNDING STAFF: Mark Van Vleck, P. E., Interim Director, Development Services Robert Payne, AICP, Senior City Planner" Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary aerta at 5:3 p.m. and a n and Possible Action )N TO RECOMMEND 3E PLAN FOR AREAS ISS FIELD Robert Payne, Senior Planner, Planning Department, addressed the commission. Mr. Payne stated that at the July 18, 2012 meeting, Staff presented this item as a discussion item. As proposed by the Joint Land Use Policy Committee (JLUS), it was recommended that the Planning Commission consider potential changes to the Future Land Use Map for vacant undeveloped lands for the high growth area of Yorktown Boulevard/Weber Road. The Navy's new Air Installation Compatible Use Zones (AICUZ) recommended no residential uses or uses that congregate large groups of people be allowed. The current Future Land Use Plan recommends industrial, commercial, multifamily and single - family uses on vacant land surrounding the intersection of Yorktown Boulevard and Weber Road In APZ -1. Mr. Payne stated Staff approves recommending City Council adopt the proposed Future Land Use Plan Map as shown in Attachment 5. The Proposed Changes to the Future Land Use Map Navy Use Guidelines for Accident Potential Zone 1 are: Planning Commission Regular Meeting November 7, 2012 Page 2 ➢ No residential uses; ➢ No uses that congregate large groups of people; Navy Use Guidelines for Accident Potential Zone 2 are: ➢ Up to two residential uses per are allowed ➢ No uses that congregate large groups of people. Changes to the Future Land Use Map include: ➢ Southeast of Yorktown Boulevard/Weber Ro vacant land proposed for multi - family and resi been redesigned as land proposed for commerci< ➢ South of Oso Creek and south of FM 43 the arE rsection — uses have 29 is an Accident Potential Zone 2 and has been designated with Estate Density Land Use. Estate Density Land Use is defined in the adopted Future Land Use Master Plan with a density of up to one dwelling unit per are; ➢ Along Oso Creek, the floodway areas have been updated with the most current FEMA Floodway information; ➢ A 300 -foot width of Estate Residential Land Use is also shown next to the floodway ay on the south side of Oso Creek to promote lower density next to the most flood prone area. Estate Residential density is also consistent with the Oso Parkway Plan recommendations; ➢ Northwest of Cabaniss Field in Area 12, except for city -owned property designated as park, areas are shown with light industrial uses consistent with development trends in the area; and ➢ To the northeast of Cabaniss. Field, Area 25 north of Saratoga Boulevard has been designated from light industrial to commercial; which is consistent with development trends in the area and sustainability principles of the area. Mr` Payne stated that he would like to take the proposed changes to City Council as soon as possible. After Staff's presentation concluded, the floor was opened for discussion and comments by commissioners. Chairman Huerta asked Mr. Payne if the proposed changes had been advertised and Mr. Payne answered that a notice was published to advertise for the public hearing. Vice Chairman Nadkarni stated he has lived in the Weber Road /Saratoga Boulevard area for approximately thirty -seven (37) years and he asked why that area in the JLUS was included in the JLUS since the flight patterns have been basically the same. Vice Chairman continued that he has watched the flight patterns and they never use the right circle. (K: DEV5VC5 \5NFiR ED\ 1-PC2072 \2012PC1n1NUTE5\ 110712PCInINUTES) Planning Commission Regular Meeting November 7, 2012 Page 3 Vice Chairman Nadkarni asked Staff if this proposed rezoning was in their flight patterns. Commissioner Castillo stated that some point, he felt the commission should get some legal brief on how the process of the rezoning would be handled just in case legal action is brought against the city. Mr. Payne indicated that staff has been in contact with several of the property owners and their representatives concerning the Joint Land Use Study. Those land owners should be made aware that these discussions have occurred. After further discussion and comments concluded by commissioners, the public hearing was opened with no one coming forward and the public hearing was closed, Chairman Huerta called for a motion. A motion to approve recommending to City Council to amend the proposed Future Land Use Plan Map as presented by Staff was made by Vice Chairman Nadkarni and seconded by Commissioner Ramirez. After the motion was on the floor, further discussion continued'. Commissioner Castillo stated he preferred to hold off on cha proposed on the Future Land Use Map until Staff met with more they were briefed on what was being proposed. Comrr continued that at the last meeting, Mr. Luby addressed the col voiced his concerns about the proposal and was not in favor Hamilton stated the land owners had been notified. AftE missioner Castillo it._ (K: DEV5VC5 \SNNR ED\ 1-PC2072 \2O12PC1n1NUTE5\ 110 712PCInINUTES) iging Area 1 as land owners and issioner Castillo emission and he Commissioner r all discussion voting no and Exhibit A: Proposed Future Land Use Cabaniss Field Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the Corpus Christi Future Land Use Plan (adopted by Ordinance 026278 and thereafter amended by Ordinance 028504) by revising the future land use maps surrounding Cabaniss Field; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation concerning the amendment to the Corpus Christi Future Land Use Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2012, during a meeting of the Planning Commission and on Tuesday, December 18, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Future Land Use Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas ( "Comprehensive Plan "), is amended by revising the future land use maps surrounding Cabaniss Field. The revised maps, shown as Exhibit "A," are attached to and incorporated by reference into this ordinance. SECTION 2. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time, 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, subdivision, 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. b1818cd5 -b1 b2- 4d20- a87a- a9184e8fb7fc Page 1 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor b1818cd5 -b1 b2- 4d20- a87a- a9184e8fb7fc Page 2 of 2 0 AGENDA MEMORANDUM axi Public Hearing and First Reading for the City Council Meeting of December 18, 2012 2852 Second Reading /Action Item for the City Council Meeting of January 8, 2013 DATE: October 26, 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 Everett Skipper (Case No. 1012 -05) Change from "CG -2" General Commercial District to "CBD" Downtown Commercial District Property Address: 2002 Ayers Street CAPTION: Case No. 1012 -05 Everett Skipper: A change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Business District, not resulting in a change of future land use. The property to be rezoned is described as Block 1504, Port Aransas Cliffs, located between Ayers Street and Cole Street and between 17th Street and 18th Street. PURPOSE: The purpose of this item is to rezone the property to allow the development of general commercial uses without minimum parking requirements. RECOMMENDATION: Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District. Planning Commission Recommendation (October 24, 2012) Denial of the requested "CBD" Downtown Commercial District and, in lieu thereof, approval of a Special Permit with the requirement of the development providing a minimum of 122 on -site and off -site parking spaces. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District to allow development of a project called the Six Points Market, which will be a multi -use commercial facility consisting of an art gallery, reception hall, outdoor market, pavilions, and restaurant. All of the proposed uses are allowed in the existing "CG -2" District. The applicant is requesting the change of zoning to the "CBD" District in order to reduce the amount of off - street parking required for the proposed uses. Development within the "CBD" District is not required to provide a specified amount of parking. Art gallery and museum space will be created for Del Mar Community College. The Six Points Market project involves the adaptive re -use of the long- standing ButterKrust bakery, which was built in 1938 and has been vacant for some time. North of the subject property is a commercial strip center, which is zoned "CG -2" General Commercial District. East of the subject property is Banda's Nursery and Flower Shop, which is zoned "CG -2" General Commercial District, and single - family properties zoned "RS -6" Single - Family 6 District. To the south and west of the subject property are single - family properties zoned "RS -6" Single - Family 6 District. Also, to the west of the subject property is an auto - detail shop zoned "CG -2" General Commercial District. The Sustainability Plan recommends that the City develop "complete" streets, which are streets that accommodate the needs of all users no matter their age or ability and allow for choice in mode of travel. Re -using the ButterKrust building will create interest on the street level, which is a step towards creating a better pedestrian environment. Re -using the existing building will also encourage infill development in older areas, which are no longer being used for commercial purposes. The Six Points Market will be more accessible to pedestrians and may encourage alternate modes of transportation. The creation of the Six Points Market could be the stimulus for additional commercial and mixed -use residential projects in the area, as encouraged in the Sustainability Plan. Although the lack of parking is a current concern for this project, the Sustainability Plan recognizes this and calls for a broader coordinated parking plan to support new businesses and housing that are recommended for this area. Creating more transit options for this area will also help reduce the demand for parking. The Sustainability Plan also promotes complimentary services to the neighborhood. This facility will have convenient access to the surrounding community and will expand food options and commercial services, such as an outdoor market, to the area. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the Comprehensive Plan, the Sustainability Plan, and the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission 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: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits Ordinance amending the Unified Development Code ( "UDC ") upon application by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), by changing the UDC Zoning Map in reference to Block 1504, Port Aransas Cliffs, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 24, 2012, during a meeting of the Planning Commission, and on Tuesday, December 18, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. (the "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Block 1504, Port Aransas Cliffs (the "Property "), located between Ayers and Cole Streets and between 17th and 18th Streets, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit (Zoning Map No. 046042), as shown in Exhibit "A." 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 rezoning and special permit granted to the Owners in Section 1 of this ordinance is subject to the following conditions: 1. PARKING: The Owners must ensure the development provides a minimum of 122 on -site or off -site parking spaces. 2. TIME LIMIT: This special permit expires one year from the final approval date of this ordinance unless the Property is being used by the Owners as stated in condition 1. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. 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 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 8. 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 , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Page 2 of 3 PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , Nelda Martinez Mayor Page 3 of 3 Q 22 8 9 17 NIT m 1 2019 18171 F� S J1G I 454PROPER1TY 89 474849/ 51 7 11 % 14 / \ / 3 / 38/ 6 r 3 5U 5253 45 10 15 � A � �. 1,F _ � 33 329 34 4 2 � 16 8 36 26 Q 2 1 7 17 4 3 2 8 /,� 7 6 1 38 8 2 V 6 18 V 3 5 26 2 t4 2 4 5 8 3 ® 19 2O` 25 3 42 43 2 1 2 ! 4 2 f 6 4 1 20 3 21 1 G-L E N 7 24 4 L E 23 5 4 47 404 2 RS -6 8 449 Q 1 i 22 O 23 9 22 6 50 50 51/ 52 �Y 23 R � \ 14 21 10 7 53 0 Q 4001 S P cl 1 ! 13 800 20 Feet 8 Date Cr atea Prepared B. 12 .Department of Develoomei CASE: 1012 -05 1. SUBJECT PROPERTY Subject Property EXHIBIT A Ordinance amending the Unified Development Code ( "UDC ") upon application by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), by changing the UDC Zoning Map in reference to Block 1504, Port Aransas Cliffs, from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 24, 2012, during a meeting of the Planning Commission, and on Tuesday, December 18, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. (the "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Block 1504, Port Aransas Cliffs (the "Property "), located between Ayers and Cole Streets and between 17th and 18th Streets, from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District (Zoning Map No. 046042), as shown in Exhibit "A." 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 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 City's 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , Nelda Martinez Mayor Page 2 of 2 Q 22 8 9 17 NIT m 1 2019 18171 F� S J1G I 454PROPER1TY 89 474849/ 51 7 11 % 14 / \ / 3 / 38/ 6 r 3 5U 5253 45 10 15 � A � �. 1,F _ � 33 329 34 4 2 � 16 8 36 26 Q 2 1 7 17 4 3 2 8 /,� 7 6 1 38 8 2 V 6 18 V 3 5 26 2 t4 2 4 5 8 3 ® 19 2O` 25 3 42 43 2 1 2 ! 4 2 f 6 4 1 20 3 21 1 G-L E N 7 24 4 L E 23 5 4 47 404 2 RS -6 8 449 Q 1 i 22 O 23 9 22 6 50 50 51/ 52 �Y 23 R � \ 14 21 10 7 53 0 Q 4001 S P cl 1 ! 13 800 20 Feet 8 Date Cr atea Prepared B. 12 .Department of Develoomei CASE: 1012 -05 1. SUBJECT PROPERTY Subject Property EXHIBIT A ZONING REPORT Case No.: 1012 -05 HTE No. 12- 10000034 Planning Commission Hearing Date: October 24, 2012 _ c Applicant /Representative: Everett Skipper 0) Q Owner: Birdie Realty Investments, LLC and Gulley Family Investments, Ltd. Q_J .N Legal Description /Location: Port Aransas Cliffs, Block 1504, located between Ayers Street and Cole Street and between 17th Street and 18th Street. From: "CG -2" General Commercial District •F a To: "CBD" Downtown Commercial District 0 Area: 2.76 acres Purpose of Request: To allow the development of a multi -use commercial facility. Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial Light Industrial Commercial 1° a� N North "CG -2" General Commercial Commercial Commercial .F 0 South "RS -6" Single - Family 6 Low Density Residential Low Density Residential N Commercial, Vacant, _J East "CG -2" General Commercial Low Density Residential, Low Density Residential N & "RS -6" Single - Family 6 & Medium Density & Commercial Residential w West "CG -2" General Commercial Commercial, Vacant & Commercial & & "RS -6" Single - Family 6 Low Density Residential Low Density Residential Area Development Plan: The subject property is located in the Southeast Area Q r_ Development Plan (ADP) and is planned for a commercial use. The proposed change of zoning to the "CBD" Downtown Commercial District is consistent with the a 0 adopted Future Land Use Plan. Q '> Map No.: 046042 Zoning Violations: None Transportation and Circulation: The subject property has 250 feet of frontage o along the south side of Ayers Street, which is an "Al" Minor Arterial Undivided street. N ° The subject property also has 530 feet of frontage along 18th Street, 660 feet of frontage along 171h Street, and 212 feet of frontage on Cole Street, which are all local ~ residential streets. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type (2011) Ayers St. "A1" Minor Arterial 95' ROW, 80' ROW, 9,543 ADT 0 Undivided 64' paved 42' paved 2010 17tH St. "Local" Residential 50' ROW, 70' ROW, Not Available L 28' paved 38' paved y 18th St. "Local" Residential 50' ROW, 44' ROW, Not Available 28' paved 36' paved Cole St. "Local" Residential 50' ROW, 62' ROW, Not Available 28' paved 40' paved Zoning Report Case #1012 -05 Everett Skipper Page 2 Staff Summa Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District to allow development of a project called the Six Points Market, which will be a multi -use commercial facility consisting of an art gallery, reception hall, outdoor market, pavilions, and restaurant. All of the proposed uses are allowed in the existing "CG -2" District. The applicant is requesting the change of zoning to the "CBD" District in order to reduce the amount of off - street parking required for the proposed uses. Development within the "CBD" District is not required to provide a specified amount of parking. Applicant's Development Plan: The Six Points Market project involves the adaptive re -use of the long- standing ButterKrust bakery, which was built in 1938 and has been vacant for some time. The Six Points Market will consist of 100,700 square feet of indoor and outdoor recreational uses, retail sales and service uses, and a restaurant use. The development would specifically consist of an art gallery/museum at 16,000 square feet, a rental hall at 20,000 square feet, retail uses at 30,200 square feet, 11,000- square foot restaurant, and outdoor areas totaling 23,500 square feet. The developer has identified Del Mar Community College as one of the anchor tenants for this development. Art gallery and museum space will be created for the College. Parking: The proposed development is not able to meet the off - street parking requirements. The developer states that 50 off - street parking spaces are available on a parking lot located on the north side of 17th Street across from the facility and approximately 40 parking spaces could be created on the property in the yard setbacks. Approximately 81 parallel on- street parking spaces are available along the facility's four street frontages. Other vacant lots in the area could potentially be developed into off -site parking lots. The "CBD" District does not require off - street parking in recognition of the practical difficulty of providing off - street parking for each individual business within the City's core district. Additionally, the Sustainability Plan calls for transforming this area of Ayers Street into a multi - modal, pedestrian - friendly street and calls for a coordinated parking plan for the area. Existing Land Uses & Zoning: North of the subject property is a commercial strip center, which is zoned "CG -2" General Commercial District. East of the subject property is Banda's Nursery and Flower Shop, which is zoned "CG -2" General Commercial District, and single - family properties zoned "RS -6" Single - Family 6 District. To the south and west of the subject property are single - family properties zoned "RS -6" Single - Family 6 District. Also, to the west of the subject property is an auto - detail shop zoned "CG -2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. The rezoning is also consistent with relevant elements of the Comprehensive Plan, such as: 1.) Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood (Comprehensive Plan, Commercial Policy Statement G). Zoning Report Case # 1012 -05 Everett Skipper Page 3 2.) Minimize the impact of commercial areas on adjacent, existing, or future residential areas through the use of compact designs, screening fences, open space, and landscaping (Comprehensive Plan, Commercial Policy Statement B). Sustainability Plan: The Corpus Christi Sustainability Plan identifies and focuses on multiple Destination Nodes within the city. The proposed development is located in the Six Points Destination Node. The nodes that are described in the Sustainability Plan are areas of interest that should be looked at with new development strategies, particularly strategies to create options for all forms of transportation (biking, walking, and bus). This rezoning request is consistent with several elements of the Sustainability Plan, such as: 1.) Promote mixed -use infill development and redevelopment along Ayers Street between Six Points and Del Mar with an emphasis on rehabilitation of buildings that address the street; the old ButterKrust facility is a notable opportunity, although the site includes very little dedicated parking. 2.) Create on- street parking in locations along Ayers Street where commercial frontage is proposed, particularly near the Baldwin Boulevard intersection on the west side of Del Mar College. 3.) Create a mixed -use hub to serve the Del Mar Community College population and the surrounding neighborhoods with an emphasis on expanding housing options within walking distance of basic services and the College campus. 4.) The Sustainability Plan calls for this section of Ayers Street to be near a transit station and to have an on- street bicycle connection. Ayers Street is also identified as a candidate for a road diet, which would reduce the widths and /or number of the travel lanes on Ayers Street, thereby creating new space for bicycle lanes, on- street parking, landscaping or sidewalks, and providing improved mobility and access particularly for non - motorized modes of transit. 5.) Foster the location /relocation of complimentary services into this district to reinforce the district identity and to provide the market base to support the burgeoning commercial enclave at Six Points and further down Ayers Street; develop a coordinated parking plan for the entire district. 6.) Study the potential for new food options in these locations, including a full- service grocery or urban market and new restaurants. Plat Status: The subject property is currently platted. Department Comments: The Sustainability Plan recommends that the City develop "complete" streets, which are streets that accommodate the needs of all users no matter their age or ability and allow for choice in mode of travel. Re -using the ButterKrust building will create interest on the street level, which is a step towards creating a better pedestrian environment. The Six Points Market will be more accessible to pedestrians and may encourage alternate modes of transportation. The creation of the Six Points Market could be the stimulus for additional commercial and mixed -use residential projects in the area, as encouraged in the Sustainability Plan. Through the adoption of the Sustainability Plan and related ordinances, the City encourages the adoptive re -use of vacant buildings. Supporting the re -use of existing buildings encourages infill development in older areas of the city no longer being utilized by business. The proposed development will create a commercial new commercial and community uses that will compliment and help support the burgeoning commercial enclave in the Six Points area and the Del Mar College area. Zoning Report Case #1012 -05 Everett Skipper Page 4 • The proposed facility will have convenient access to an arterial type street also designated in the Sustainability Plan for redevelopment into a multi -modal street. • The proposed multi -use facility will serve the surrounding community as well as Del Mar College, which is in close proximity to the proposed development. • The development would be an extension of Del Mar College and will increase commercial activity by bringing an outdoor market and a restaurant to the area. • Although the lack of parking is a current concern for this project, the Sustainability Plan recognizes this and calls for a broader coordinated parking plan to support new businesses and housing that are recommended for this area. Creating more transit options for this area will also help reduce the demand for parking. Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District. Planning Commission Recommendation (October 24, 2012): Denial of the requested "CBD" Downtown Commercial District and, in lieu thereof, approval of a Special Permit with the requirement of the development providing a minimum of 122 on -site and off -site parking spaces. Number of Notices Mailed — 75 within 200' notification area; 4 outside notification area C 0 As of October 26, 2012: 0 0 In Favor — 0 (inside notification area); 0 (outside notification area) a o In Opposition — 0 (inside notification area); 0 (outside notification area) Z For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \S HARED\ZONING CASES \2012 \1012 -05 Everett Skipper \1012 -05 Report for CC, Everett Skipper 10- 29- 12.docx CASE: 1012 -05 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition ZONING REPORT Case No.: 1112 -01 HTE No. 12- 10000036 Planning Commission Hearing Date: November 7, 2012 r_ Applicant /Representative: WKMC Architects QOwner: St. John Baptist Church, Corpus Christi, Texas Q '� Legal Description /Location: The west 225 feet out of Lot 8A, Block 1, Q 06 o Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, located north of Hala Pit Road and west of Greenwood Drive. From: "IH" Heavy Industrial District a To: "CG -2" General Commercial District o a Area: 6.74 acres N W Purpose of Request: To allow construction and future development of church facilities. Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial Vacant Light Industrial North "IL" Light Industrial Light Industrial Light Industrial - South "IH" Heavy Industrial Light Industrial Light Industrial 0 N Vacant, Commercial, East "CG -2" General Commercial Low Density Residential, Light Industrial & T) •x & "IL" Light Industrial Public Semi - Public, & Commercial w Light Industrial West "IH" Heavy Industrial Public Semi - Public Light Industrial Area Development Plan: The subject property is located in the Westside Area 06 Q r_ Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "CG -2" General Commercial District is not consistent with the a 0 adopted Future Land Use Plan. Q '> Map No.: 049039, 049038 Zoning Violations: None c Transportation and Circulation: The subject property has 225 feet of frontage N along Hala Pit Road, which is a local access street. The property also has indirect •o r c 2 access to Greenwood Drive, which is a proposed "Al" Minor Arterial Undivided street. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type (2011) 0 Greenwood "A1" Minor Arterial 95' ROW 80' ROW 8,325 L Dr. Undivided 64' paved 67' paved (2010 ADT) co Hala Pit Rd. "Local" Street 50' ROW 50' ROW Not 28' paved 28' paved Available Zoning Report Case #1112 -01 St. John Baptist Page 2 Staff Summa Requested Zoning: The applicant is requesting a change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District to allow construction and future development of church facilities. The Unified Development Code (UDC) does not allow places of worship or sleeping quarters (other than caretaker's quarters) on property zoned "IH" Heavy Industrial District. A change of zoning to the "CG -2" General Commercial District would allow construction of the accessory uses requested, which are meeting rooms and staff residences, along with future places of worship uses on the remainder of the property. Applicant's Development Plan: The proposed development of a new church facility behind the existing church will house meeting rooms, a residence for a church employee, and temporary sleeping quarters for church mission groups and relief workers after natural disasters. The facility will be a 7,451- square -foot single -story building. The church only has plans to develop the southern end of the property at this time. The applicant is requesting that the remainder of the land be rezoned for future church additions, but there are no plans for the development of the remainder property. Existing Land Uses & Zoning: South of the subject property, across Hala Pit Road, is a lot being used for industrial purposes and zoned "IL" Light Industrial District. West of the subject property is the City's vehicle impound lot that is zoned "I H" Heavy Industrial District. East of the subject property is the existing church and commercial establishments zoned "CG -2" General Commercial District, and vacant land zoned "IL" Light Industrial District. North of the subject property is a Coca -Cola bottling factory, which is zoned "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). 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 a light industrial use. This rezoning would be an expansion of the "CG -2" District to the east and would be compatible with the existing zoning districts in the area. Plat Status: The southern 2.19 acres of the property is platted as part of Lot 8A. The northern 4.55 acres of the property is not platted. Department Comments: • Expanding the church facilities and the "CG -2" District would not have an adverse effect on the surrounding properties. • The change of zoning to the "CG -2" District is a reasonable expansion of the existing "CG -2" District to the east despite the inconsistency with the Future Land Use Plan. Planning Commission and Staff Recommendation (November 7, 2012) : Approval of the change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District. Zoning Report Case # 1112 -01 St. John Baptist Page 3 Number of Notices Mailed — 13 within 200' notification area; 4 outside notification area C 0 As of November 8, 2012: 0 0 In Favor — 2 (inside notification area); 0 (outside notification area) a o In Opposition — 0 (inside notification area); 0 (outside notification area) z For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1112 -01 St John Baptist \1112 -01 Report for CC, St John baptist.docx ORM'AR INDUSTRIAL TRIAGTS CO,R//MAR INDUSTI ALDWIN MOORE FARM' SUBJECT PROPERTY 0 TR'AGTS s H 17 CEUAR GFOW 3 2 O 9 CASE: 1112 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHII RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition GOLUM IA PARK CENTER #3 IL 7 5 12 C -'G - 'tS P �8 9 SA 13 1 E SPICE PLAZA. Date Created: 1012312012 I Prepared By: jeremym of Development Services Ordinance amending the Unified Development Code ( "UDC ") upon application by WKMC Architects, acting as agent on behalf of St. John Baptist Church, Corpus Christi, Texas ( "Owner "), by changing the UDC Zoning Map in reference to the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, from the "IH" Heavy Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of WKMC Architects, acting as agent on behalf of St. John Baptist Church, Corpus Christi, Texas ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2012, during a meeting of the Planning Commission, and on Tuesday, December 18, 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. 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 the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and on 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands (collectively, the "Properties "), located north of Hala Pit Road and west of Greenwood Drive, from the "IH" Heavy Industrial District to the "CG -2" General Commercial District (Zoning Map No. 049038 and 049039), as shown in Exhibits "A" and "B." Exhibit 'A" which is a location map pertaining to the Properties, and Exhibit "B," which is a metes and bounds description of the Properties, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect 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 City's 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , Nelda Martinez Mayor Page 2 of 2 ORM'AR ►NDUSTR AL TRIACTS CO,R//MAR IND'USTR AL TR'A TS ALDWIN MOORE FARM' SUBJECT PROPERTY 0 s H 17 CEUAR GFOW 3 z O 9 CASE: 1112 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHII RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition GOLUM IA PARK CENTER #3 IL 7 5 12 C -'G - 'tS P �8 9 SA 13 1 E SPICE PLAZA. Date Created: 10/23/2012 I Prepared By: jeremym of Development Services EXHIBIT A MURRAY BASS, JR., P.E.,R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com e -mail: nixmw((aol.com BASS & WELSH ENGINEERING TX Registration No. F -52 Survey Registration No. 100027 -00 P.O. Box 6397 Corpus Christi, TX 78466 -6397 October 18, 2012 Field Note Description 3054 S. ALAMEDA, zIP 78404 361 882 - 5521- FAx 361 882 -1265 e -mail: murrayjrC aol.com Being a tract situated in Corpus Christi, Nueces County, Texas, a portion of Lot 8A, Block 1, Cedar Grove Subdivision as shown on the map thereof recorded in Volume 60 at Page 42, in the Map Records of Nueces County, Texas and the 4.55 acre tract out of Lot 2, Block 5, Bohemian Colony Lands as shown on the map thereof recorded in Volume "A' at Page 48 of the Map Records and being described in the deed recorded in Volume 2153 at Page 91 of the Deed Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of the heretofore referenced Lot 8A, Block 1, Cedar Grove for the southwest corner of this tract; THENCE N 29 °00'00" E with the west line of Lot 8A at 423.17 feet pass the northwest corner of Lot 8A and the southwest corner of the 4.55 acres and in all a distance of 1304.39 feet to the northwest corner of the 4.55 acre tract for the northwest corner of this tract; THENCE S 61 °36'00" E along the north line of the 4.55 acre tract a distance of 225.0 feet to the northeast corner of the 4.55 acre tract and of this tract; THENCE S 29 °00'00" W along the east line of the 4.55 acres at 881.22 feet pass the north line of Lot 8A, Block 1, Cedar Grove and in all a distance of 1304.39 feet to a point in the south line of Lot 8A for the southeast corner of this tract; THENCE N 61'36'00" W along the south boundary of Lot 8A a distance of 225.00 feet to the POINT OF BEGINNING, forming a tract embracing 6.74 acres. Murray Bass, Jr., R.P.L.S. Note: Basis of Bearing is the west line of Lot 8A, Block 1, Cedar Grove MBJ:sab 12069 -Field Note Desc2.doc EXHIBIT B Page 1 of 1 c AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 18, 2012 1852 Second Reading /Action Item for the City Council Meeting of January 8, 2012 DATE: November 8, 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 Advanced Housing Alternatives Corporation (Case No. 1112 -02) Change from "RS -6" Single - Family 6 District to "CH" Cottage Housing District Property Address: 878 Oak Park Avenue, 849 and 847 Erwin Avenue CAPTION: Case No. 1112 -02 Advanced Housing Alternatives Corporation: A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Oak Park, Block 9, Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, located on Mueller Street between Oak Park Avenue and Erwin Avenue. PURPOSE: The purpose of this item is to rezone the property to allow construction of a nine -unit cottage housing development. RECOMMENDATION: Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District to allow construction of a nine -unit cottage housing development, which will be the second phase of the Oak Park Cottages. The first phase, located across Erwin Avenue and constructed in early 2012, consists of eight units. The "CH" District allows the developer to take advantage of smaller lot sizes, and increased density, while providing centralized common open space and a cottage architectural theme. The proposed cottage housing development will consist of nine separate dwelling units. The developer will construct a total of two one - bedroom houses, five two - bedroom houses, and two three - bedroom houses on the property. There will be a minimum common open space of 400 square feet per cottage unit with a total of 3,600 square feet. The proposed Cottage Housing development will utilize efficient land use development techniques to provide affordable housing, promote infill development, and provide opportunities for home ownership. Cottage Housing developments provide affordable housing by utilizing increased densities, decreased setbacks, lot sizes, and parking requirements. This allows the developer greater flexibility in design and construction, which allows the savings to be passed on to the potential home owner. The proposed project is redeveloping property on a vacant tract of land that might otherwise have remained vacant for some time. 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 consistent with elements of the Comprehensive Plan, however, it is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 1112 -02 HTE No. 12- 10000037 Planning Commission Hearing Date: November 7, 2012 r_ Applicant /Representative: Advanced Housing Alternatives Corporation 2 Owner: Advanced Housing Alternatives Corporation Q '� Legal Description /Location: Oak Park, Block 9, Lots 10, 11, 12, 23, and the Q 0 north 28 feet of Lot 13, located on Mueller Street between Oak Park Avenue and Erwin Avenue. From: "RS -6" Single - Family 6 District To: "CH" Cottage Housing District c a Area: 0.93 acres N W Purpose of Request: To allow construction of a nine -unit cottage housing development. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Low Density Residential N North "RS -6" Single - Family 6 Low Density Residential Low Density Residential N South "RS -6" Single - Family 6 Low Density Residential Low Density Residential _J East "RM -3" Multifamily 3 Medium Density Medium Density T) Residential Residential X w West "RS -6" Single - Family 6 Low Density Residential Low Density Residential Area Development Plan: The subject property is located in the Westside Area Q r_ Development Plan (ADP) and is planned for low density residential uses. The proposed change of zoning to the "CH" Cottage Housing District is not consistent a o with the adopted Future Land Use Plan. Q '> Map No.: 048045 Zoning Violations: None c Transportation and Circulation: The subject property has 284 feet of frontage N o along the south side of Mueller Street, 195 feet of frontage along the west side of 2 c Oak Park Avenue, and 155 feet of frontage along the west side of Erwin Avenue, which are all local residential streets. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type (2011) � Mueller St. "Local" Residential 50' ROW 28' paved 60' ROW 40' paved Not Available as 2 Oak Park Local" Residential 50' ROW 70' ROW Not y Ave. 28' paved 42' paved Available Erwin Ave. "Local" Residential 50' ROW 50' ROW Not 28' paved 28' paved Available Zoning Report Case # 1112 -02 Advanced Housing Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District to allow construction of a nine -unit cottage housing development, which will be Phase 2 of the Oak Park Cottages. The "CH" District allows the developer to take advantage of smaller lot sizes and increased density, while providing centralized common open space and a cottage architectural theme. Applicant's Development Plan: The proposed cottage housing development will consist of nine separate dwelling units. The developer will construct a total of two one - bedroom houses, five two - bedroom houses, and two three - bedroom houses on the property. There will be a minimum common open space area of 400 square feet per cottage unit with a total of 3,600 square feet. Phase 1 has been constructed and consists of eight units, which is located across Erwin Avenue. Existing Land Uses & Zoning: North, west, and south of the subject property is a single - family subdivision zoned "RS -6" Single - Family 6 District. East of the subject property is the Oak Park Cottages Phase 1, which is zoned "RM -3" Multifamily 3 District. The subject property was the site of the former Oak Park Methodist Church, which was recently demolished after a fire. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). 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 a low density residential use. The proposed change of zoning is consistent with other elements of the Comprehensive Plan, such as: 1.) The construction of quality, affordable new homes, and the rehabilitation of substandard homes should be encouraged (Comprehensive Plan, Housing Policy Statement A). 2.) Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). 3.) Planned Unit Developments and other creative land planning techniques should be encouraged (Comprehensive Plan, Residential Policy Statement K). Plat Status: The property is currently platted. In order to construct the Cottage Housing development the property will need to be replatted. Department Comments: - The proposed Cottage Housing development will utilize efficient land use development techniques to provide affordable housing, promote infill development, and provide opportunities for home ownership. - Cottage Housing developments provide affordable housing by utilizing decreased setbacks, lot sizes, and parking requirements. This allows the developer greater flexibility in design and construction, which allows the savings to be passed on to the potential home owner. - The proposed change of zoning would increase the potential density to a maximum of 12 units per acre. The Cottage Housing ordinance allows the developer to increase the density while providing a specified amount of centralized common open space for the residents. Zoning Report Case # 1112 -02 Advanced Housing Page 3 - The proposed project would redevelop property that was recently vacated and that otherwise might remain vacant for some time. Planning Commission and Staff Recommendation (November 7, 2012) : Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District. Number of Notices Mailed — 42 within 200' notification area; 5 outside notification area C 0 As of November 8, 2012: 0 0 In Favor — 0 (inside notification area); 0 (outside notification area) a o In Opposition — 3 (inside notification area); 0 (outside notification area) Z For 8.22% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Development Plan KADeve lop mentSvcs \S HARED\ZONING CASES \2012 \1112 -02 Advanced Housing \1112 -02 Report for CC, Advanced Housing.docx �r 2 17 1 18 CASE: 1112 -02 2. SITE - EXISTING ZONING, Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition QQDLAW "N "W AAWN UNIT 2 WEX36 LT 0 OAK PARK Date Created: 10/22/2012 Prepared By: jeremym ant of Development Services NV IIW: AHbA & VWNtKJhI1V RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Mult ifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition QQDLAW "N "W AAWN UNIT 2 WEX36 LT 0 OAK PARK Date Created: 10/22/2012 Prepared By: jeremym ant of Development Services n ERWIN AVENUE Ordinance amending the Unified Development Code ( "UDC ") upon application by Advanced Housing Alternatives Corporation ( "Owner "), by changing the UDC Zoning Map in reference to Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, Block 9, Oak Park Addition, from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Advanced Housing Alternatives Corporation ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2012, during a meeting of the Planning Commission, and on Tuesday, December 18, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Advanced Housing Alternatives Corporation ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, Block 9, Oak Park Addition (the "Property "), located on Mueller Street between Oak Park Avenue and Erwin Avenue, from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District (Zoning Map No. 048045), as shown in Exhibit "A." 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 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 City's 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. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , Nelda Martinez Mayor 1112 -02 Ordinance, Advanced Housing RS6 to CH FINAL Page 2 c EXHIBIT A 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 18, 2012 Second Reading Ordinance for the City Council Meeting of January 8, 2013 1852 DATE: November 30, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2604 Ordinance amending Section 6 -103 (g) to provide for immediate ownership of impounded animals under four months old CAPTION: Ordinance amending section 6 -103 (g) of the Corpus Christi Code by providing immediate ownership of impounded animals under four months old to the City; Providing an effective date; Providing for severance; and Providing for publication. PURPOSE: The purpose of this item is to provide for immediate ownership of impounded animals under four months old. BACKGROUND AND FINDINGS: Due to their immature immune system, any impounded animal under four months of age shall immediately become the property of the city, for humane disposition, and may be offered for adoption, rescue, foster care or humanely euthanized at the discretion of the Animal Care Service Manager, Veterinarian, or their designee. Animals impounded do not become City property until after three working days. This is to give the owner a chance to redeem their animal. But in the case of animals under four months of age, due to their immature immune system, holding these young animals for three working days increases their chance of illness. The Animal Control Advisory Board recommended adoption of the ordinance regarding impoundment of animals under 4 months of age. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal 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: RECOMMENDATION: Staff recommends approving the revisions to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending section 6 -103 (g) of the Corpus Christi Code by providing immediate ownership of impounded animals under four months old to the City; Providing an effective date; Providing for severance; and Providing for publication. WHEREAS, the Animal Control Advisory Committee recommends amending the Corpus Christi Code to allow City immediate ownership of impounded animals under the age of four months. WHEREAS, due to their immature immune system, animals under the age of four months are susceptible to disease and illness. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 6 -103 (g) is revised to read as follows: (g) Disposition of animals. (1) Except as provided in subsections (c) and (j) of this section, and certain livestock as provided for in this paragraph, impounded animals not redeemed by their owner within three (3) working days following impoundment become the property of the city and may be placed for adoption in a suitable home or with any nonprofit association organized for the protection and welfare of animals, sold under section 17 -4 of the Code of Ordinances, or humanely euthanized. Prior to the disposition of any livestock excluding goats and sheep, notice must be posted for a ten -day period at the county courthouse, city hall, and the city animal shelter upon the expiration of three (3) working days from the date of impoundment of the livestock. Upon the expiration of the ten -day notice period, the city may dispose of the livestock in the same manner as other unclaimed animals. (2) The expiration of the three (3) working days period upon impoundment and the notice of and expiration of the ten -day period with respect to livestock does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of the animal by the Animal Care Services manager. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. (3) In the case of a dog impounded under authority of Chapter 822, Health and Safety Code, as it may be amended, or other state law, the dog may be redeemed upon the court's finding and rendering a judgment that the dog did not engage in dangerous conduct and upon the conclusion of any proceeding provided for in this chapter; or upon the court's finding that the dog did engage in dangerous conduct, that the claimant of the dog shows proof of having fully complied with all insurance and restraint requirements provided by state law, and meets all requirements of this chapter that pertain to the keeping of a dangerous dog. (4) Due to their immature immune system, any impounded animal under four months of age shall immediately become the property of the city, for humane disposition, and may be offered for adoption, rescue, foster care or humanely euthanized at the discretion of the Animal Care Service Manager, Veterinarian, or their designee. SECTION 2. The effective date of this ordinance is the date of final City Council approval. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made onetime in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 18, 2012 1852 Second Reading Ordinance for the City Council Meeting of January 8, 2013 DATE: December 5, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2604 Accepting a grant from the Target Corporation and appropriating funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department, and appropriating the $1,700 in the General Fund No. 1020; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Police Department has been awarded a law enforcement grant from Target in the amount of $1,700 for the purchase of a wireless camera, recorder, and supplies to assist the Repeat Offender Program. The program focuses on the small number of offenders who are committing the vast majority of property related crimes. The camera will be used for surveillance, recording crime scenes, documenting search warrants, and recording interviews /interrogations in locations outside the Police Department. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance OMB 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 1 1,7001 1 1,700 BALANCE 1 1,7001 1, 700 Fund(s): Police General 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 Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department; Appropriating the $1,700 in the General Fund No. 1020 and changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 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 all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department. SECTION 2. That $1,700 grant is appropriated in the No. 1020 General Fund, for the purchase of equipment to assist the Repeat Offender Program for the Police Department, changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor From: application .notification @target.com Sent: Wednesday, November 21, 2012 3:02 PM To: Greg Shipley Subject: Your Target grant request Corpus Christi Police Department 2012 -2013 Program: 520 TVL 200 Ft. IR 36x Zoom outdoor PTZ camera and PTZ camera keyboard controller Amount: $1,700.00 Dear Mr. Shipley: Target is pleased to inform your organization that a grant has been approved specifically for the program and amount referenced above. Your grant check should arrive in the next few days. Please note that your grant check is void if it is not cashed within five months. If you choose to produce any announcements or articles in recognition of this grant, we ask that you identify us as "Target ". Resources to help you promote your partnership with Target are available at <http://www.target.com/marketingresources>. As always, Target grants are one -time gifts. By making annual commitments, we ensure we can remain flexible and respond to changing community and business needs. Since 1946, Target has given 5 percent of its profit - which today equals more than $4 million a week - to local communities. Our more than 1,700 Target stores carry on this tradition by making local grants and providing volunteer hours. We are proud to partner with organizations like yours to meet the needs of our communities. Whether it's inspiring young minds, offering unique cultural experiences or meeting your community's most basic needs; we thank you for your continued commitment to making a difference You will receive a second email directing you to your account and requesting you fill out and submit a "Charitable Contribution Receipt" as required by Internal Revenue Services guidelines. After you receive your grant check, please follow the directions from that email, and submit your "Charitable Contribution Receipt" electronically. If you have any questions, please email Community. Relations @ Target.com. Sincerely, Target Community Relations 0 AGENDA MEMORANDUM axi Public Hearing and First Reading for the City Council Meeting of January 8, 2013 1852 Second Reading /Action Item for the City Council Meeting of January 15, 2013 DATE: December 5, 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 Guy and Renee Richards (Normadon Properties, Ltd. — Owner) Case No. 1112 -03 Change from "RM -AT" Multifamily AT District to "CR -1" Resort Commercial District Property Address: 221, 217, 213 Kleberg Place CAPTION: Case No. 1112 -03 Guy and Renee Richards (Normadon Properties, Ltd. - Owner): A change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District, not resulting in a change of future land use. The property to be rezoned is described as Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel, located east of Surfside Boulevard and south of Kleberg Place. PURPOSE: The purpose of this item is to rezone property for the development of future tourist uses. RECOMMENDATION: Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District to allow for future development of tourist uses on North Beach. The Resort Commercial zoning district provides for a wide variety of commercial activity such as tourist, water - oriented, retail commercial, and indoor or outdoor amusement uses, which reflect the character of a resort area. The development of tourist uses on this property would complement the tourist destinations of the beach, the Texas State Aquarium, and the USS Lexington. This rezoning would be an expansion of the "CR -1" Resort Commercial District to the west and is compatible with existing zoning districts in the area. Rezoning to the "CR -1" District will help implement the Corpus Christi Beach Development Plan, which calls for tourist uses rather than residential uses in this area of North Beach. ALTERNATIVES: 1. Approve an intermediate zoning district; 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 Future Land Use Plan, which slates the property for a tourist use. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission 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 LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 1112 -03 HTE No. 12- 10000038 Planning Commission Hearing Date: November 7, 2012 c Applicant /Representative: Guy and Renee Richards _ Owner: Normadon Properties, Ltd. Q_J Legal Description /Location: Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Q o Beach Hotel, located east of Surfside Boulevard and south of Kleberg Place. From: "RM -AT" Multifamily AT District . To: "CR -1" Resort Commercial District N F Area: 0.61 acres Purpose of Request: To allow for future development of tourist uses. Existing Zoning District Existing Land Use Future Land Use Site "RM -AT" Multifamily AT Vacant Tourist Vacant & North "RM -AT" Multifamily AT Medium Density Tourist � 0 � Residential South "RM -AT" Multifamily AT Vacant Tourist _ _J East "RM -AT" Multifamily AT Park & Public Semi- Tourist X Public w West "CR -1" Resort Commercial Commercial Tourist Area Development Plan: The subject property is located in the Corpus Christi Q r_ Beach Area Development Plan (ADP) and is planned for a tourist use. The proposed change of zoning to the "CR -1" Commercial Resort District is consistent with the a o adopted Future Land Use Plan. Q '> Map No.: 044047 Zoning Violations: None cTransportation and Circulation: The subject property has 300 feet of frontage N c the south side of Kleberg Place, which is a Local Street. The subject property along r_ M is located 140 feet east of Surfside Boulevard, which is a "Cl" Minor Residential t2 Collector. The property also has 100 feet of beach frontage. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume L 0 Type (2011) y Kleberg Place Local Street 40' ROW, 40' ROW, Not Available 28' paved 25' paved Zoning Report Case #1112 -03 Guy and Renee Richards Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District to allow the development of future tourist uses. The Resort Commercial zoning district provides for a wide variety of commercial activity such as tourist, water - oriented, retail commercial, and indoor or outdoor amusement uses, which reflect the character of a resort area. Emphasis is placed on establishing scenic and /or pedestrian corridors, walking and bike paths, amenities, and public open spaces. Existing Land Uses & Zoning: North of the subject property and across Kleberg Place is vacant land and the Sea Shell Inn, which are zoned "RM -AT" Multifamily AT. East of the subject property is the beach with a beach walk and park area with public parking accessed from Golf Place. South of the subject property is vacant land that is zoned "RM -AT" Multifamily AT District. West of the subject property is a 0.3 -acre developed lot that fronts Surfside Boulevard. The property is zoned "CR -1" Commercial Resort and has an ice cream shop called "Yummies." AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with elements of the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a tourist use. The rezoning is consistent with the following elements of the Comprehensive Plan: 1.) Encourage medium and high- density developments that are tourist - oriented. This includes hotel /motel operations, restaurants, specialty shops, high -rise residential buildings, and other activities that will promote economic growth. (Comprehensive Plan, Policy Statement A). 2.) The city should rezone the Corpus Christi Beach area consistent with the plan, remove barriers to development, and create a tourist - oriented theme. (Corpus Christi Beach ADP, Policy Statement 5). 3.) A development goal of the Corpus Christi Beach Development Plan is for the city to recognize and commit to target the area for redevelopment. Plat Status: The subject property currently contains 6 platted lots. A replat may be required to combine the lots into one lot. Department Comments: The development of tourist uses on this property will promote and compliment the tourist destinations of the beach, the Texas State Aquarium, and the USS Lexington. This rezoning would be an expansion of the "CR -1" Resort Commercial District to the west and is compatible with existing zoning districts in the area. Rezoning to the "CR -1" District will help implement the Corpus Christi Beach Area Development Plan, which calls for tourist uses rather than residential uses in this area of North Beach. Zoning Report Case # 1112 -03 Guy and Renee Richards Page 3 Planning Commission and Staff Recommendation (November 7, 20121: Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Number of Notices Mailed — 22 within 200' notification area; 1 outside notification area C 0 As of December 5, 2012: 0 In Favor — 0 (inside notification area); 0 (outside notification area) 0� a o In Opposition — 0 (inside notification area); 0 (outside notification area) Z For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1112 -03 Guy and Renee Richards \1112 -03 Report for CC, Guy and Renee Richards.docx WALNUT ST Q' A 'rI S�, O 11 �, 9 t 7 s s � JQ. C�R - 1 k o .. w A JQ Q E C 8s 7 86- 87 1o1 2 100 1 \ 99 9A C OTEL h�© � A S "s/ 61 69 1370 6 71 21 722 4 81 73 5 so 74' 79 3 78 11 76 CASE: 1112 -03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 7A RM -AT SUBJECT PROPERTY Date Created: 10/22/2012 I Prepared By: jeremym of Development Services Ordinance amending the Unified Development Code ( "UDC ") upon application by Normadon Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel, from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of Normadon Properties, Ltd. ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2012, during a meeting of the Planning Commission, and on Tuesday, January 8, 2013, 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Normadon Properties, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel (collectively, the "Properties "), located east of Surfside Boulevard and south of Kleberg Place, from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District (Zoning Map No. 044047), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Properties, 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 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 City's 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. 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 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1112 -03 Guy and Renee Richards \Coucil Packet \Normadon Properties RMAT to CR1 vFinal.docx Page 2 of 2 WALNUT ST 7a CASE: 1112 -03 1. SUBJECT PROPERTY Subject Property EXHIBIT A RM -AT SUBJECT PROPERTY Date Created: 10/22/2012 I Prepared By: jeremym of Development Services DATE TO AGENDA MEMORANDUM Public Hearing /First Reading Ordinance for the City Council Meeting of January 8, 2012 Second Reading /Action for the City Council Meeting of January 15, 2012 November 26, 2012 Ronald L. Olson, City Manager FROM: Mark Van Vleck, P. E., MarkVV@cctexas.com (361) 826.3246 CAPTION: Interim Director of Development Services Amendment to Code of Ordinances, Chapter 14, Article II, City of Corpus Christi Technical Construction Codes: Division 1, Scope and Administration of Technical Construction Codes, Section 14 -206, Technical construction boards Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14 -206 "Technical construction boards" by adding language to modify the authority of each board and revising the frequency of meetings; and providing for severance, penalties, publication, and an effective date. PURPOSE: Modify the authority of each board and revise the frequency of the board meetings. BACKGROUND AND FINDINGS: Currently our technical boards do not have the authority to consider variances or recommend changes to City Council in relation to the Existing Building Code, Residential Construction Code and the Energy Conservation Code. The Building Board Code of Appeals is the board that should have the authority over the Existing Building Code, Residential Construction Code and the Energy Conservation Code. Furthermore, the boards would like to change the frequency of their meetings to a quarterly basis. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This ordinance conforms to Chapter 14 of the Code of Ordinances. EMERGENCY /NON- EMERGENCY: Non - Emergency, Two Readings DEPARTMENTALCLEARANCES: This item was reviewed and discussed with the Building Code Board of Appeals and the Plumbing & Mechanical Board at their November 2012 meetings respectively. In addition, the item was reviewed and discussed with the Electrical Advisory Board at their October 2012 meeting. FINANCIAL IMPACT: The proposed changes will have a negligible impact on the department's operating budget. ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Budget Proposed Budget TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends approval and adoption of the amending ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14 -206, "Technical construction boards," by adding language to modify the authority of each board and revising the frequency of meetings; and providing for severance and an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Code of Ordinances, Chapter 14, "Development Services," Article II "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Admini- stration of Technical Construction Codes," Section 14 -206, "Technical construction boards," is amended by adding language to modify the authority of each board and revising the frequency of meetings, to read as follows: "Sec. 14 -206. - Technical construction boards. "(a) Building code board of appeals. (<(1) "(3) Powers. The building code board of appeals shall have the power to hear individual appeals of decisions and interpretations of the building official on rulings and alternate materials and methods of construction and; consider individual variances of the City Building Code, Existing Building Code, Residential Construction Code, apd-Flood Hazard Prevention Code, and Energy Conservation Code. Furthermore, the building code board of appeals shall have the power, after having obtained public comment, to recommend to the city council ref changes to the City Building Code, Existing Building Code, Residential Construction Code, aPA-Flood Hazard Prevention Code, and Energy Conservation Code. "(4) Procedures of the board. "a. Frequency of -- - - �.Mhen there ore nn troncontinnc nr hi icinecc ft—:)r the hnorr! to oCArecc in which voce the meeting may he nonneled The board shall hold a regular meeting at least once each calendar quarter on the third Thursday of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. Ul "(b) Electrical advisory board. "(1) "(3) Powers. The electrical advisory board shall review grievances filed against any licensed electrical contractor and other grievances filed within the scope of the City Electrical Code, —and concur on a proposed alternative material, alternate method of construction, or technical ruling prior to such alternative or ruling becoming effective, and . Furthermore, the electrical advisory board shall have the power, after having obtained public comment, to recommend nhvaRgeG -to the Elentrinol Cede to the city council changes to the City Electrical Code "(4) Procedures of the board. "a. "c. Frequency of meetings troncontinnc nr hi icinecc fnr the hnorr! to address in Whinh eal n -Aoe the meeting Rgay he GaRGeled The board shall hold a regular meeting at least once each calendar quarter on the fourth Thursdav of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. "d Ordinance, proposed amendment to Section 14 -206 Page 2 of 4 "(5) * * * "(c) Mechanical / plumbing advisory board. (90 * * * "(3) Powers. "a. Advice and recommendations. The mechanical /plumbing advisory board shall advise the city manager regarding any matter in the mechanical, plumbing, and irrigation fields that it considers should be brought to the attention of the city council. Furthermore, the mechanical /plumbing advisory board shall have the power, after having obtained public comment, to recommend nh°aRgeS-to the ^ity f, ,°' ga monh -Aninal and P1 imhinn GGGIeG +n the city council changes to the City Fuel Gas, Mechanical, and Plumbing Codes. "b * * * "(4) Procedures of the board. a. * * * "c. Frequency of meetings fnr +ho hnorr! fn orl ess the Meeting may be nonnolor! The board shall hold a regular meeting at least once each calendar auarter on the second Thursdav of the month in which called. The board shall meet on the call of the chairman or on the call of a majority of members for such special or called meetings as deemed necessary for the board's proper performance of duties. "d * * * Ordinance, proposed amendment to Section 14 -206 Page 3 of 4 SECTION 2. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, para- graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 3. This ordinance and its requirements take effect on and after January 15, 2013. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following votes: Nelda Martinez David Loeb Colleen McIntyre Chad Magill Kelley Allen Mark Scott Rudy Garza, Jr. Lillian Riojas Priscilla Leal The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following votes: Nelda Martinez David Loeb Colleen McIntyre Chad Magill Kelley Allen Mark Scott Rudy Garza, Jr. Lillian Riojas Priscilla Leal PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 2013. Nelda Martinez Mayor Ordinance, proposed amendment to Section 14 -206 Page 4 of 4 p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 8, 2013 1852 Second Reading /Action Item for the City Council Meeting of January 15, 2013 DATE: December 21, 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 — Unified Development Code Text Amendments Amending Sections Relating to Public Open Space CAPTION: Ordinance amending the Unified Development Code ( "UDC ") by revising subsections 8.3.6 relating to fee in lieu of land and 8.3.8 relating to park development improvements; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to update the regulations of the Unified Development Code (UDC) to help implement the goals of the new Corpus Christi Strategic Parks and Recreation Master Plan. BACKGROUND AND FINDINGS: The UDC currently conflicts with the goals of the newly adopted Corpus Christi Strategic Parks and Recreation Master Plan (Park Master Plan), which was adopted on October 9, 2012. A goal of the new Park Master Plan is to reduce the number of small underutilized and "duplicate" parks while focusing recreation opportunities and facilities in larger community and regional parks. In order to help implement this goal, the UDC must be amended to allow developers' fees that are paid into the City's Community Enrichment Fund to be used for the acquisition or improvement of neighborhood, community and /or regional parks within five miles of the developer's subdivision rather than within one and one -half miles of the subdivision. The other proposed text amendment will allow the Parks and Recreation Department rather than the Parks and Recreation Advisory Committee (PRAC) to make recommendations on when to collect developers' fees in lieu of allowing the developer to dedicate land within his /her subdivision as City park. PRAC does not currently make these recommendations and does not meet frequently enough to give input to meet developers' platting timelines. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy and will help implement the recently adopted Corpus Christi Strategic Parks and Recreation Master Plan. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 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: The Planning Commission and staff recommend approval. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code ( "UDC ") by revising subsections 8.3.6 relating to fee in lieu of land and 8.3.8 relating to park development improvements; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 5, 2012, during a meeting of the Planning Commission, and on Tuesday, January 8, 2013, 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 to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 8, Section 8.3, subsection 8.3.6 of the Unified Development Code ( "UDC "), entitled "Fee in Lieu of Land," is amended by revising the text to read as follows.. "Article 8. Subdivision Design and Improvements "8.3. Public Open Space "8.3.6. Fee in Lieu of Land "A. The City may require a fee in lieu of land dedication Refnr�vrc— rmaLiamRg- this denic, the Gitsholl AG Ght-a in � the Parks -Aner--reatinn Adyisery Gernmiiioo Such payment in lieu of land shall be made at or prior to the time of filing the final plat or prior to the issuance of a building permit where a plat is not required. 1:1l "C. If the City accepts the fee in lieu of land, the fees shall be placed in the City's Community Enrichment Fund and shall be used for the acquisition or improvement of UDC Proposed Text Amdmt Park Land Dedication vFinal Page 1 of 3 neighborhood, community, and /or regional parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than en° -;;Ad- ArAe half five miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility, including freeways, navigable streams and bodies of water. "D * * * 11 SECTION 2. Article 8, Section 8.3, subsection 8.3.8 of the UDC, entitled "Park Development Improvements," is amended by revising the text to read as follows: "Article 8. Subdivision Design and Improvements * "8.3. Public Open Space * "8.3.8. Park Development Improvements "A developer may propose to construct the public park improvements in lieu of the park development fees described in Subsection 8.3.6 or 8.3.7. Before the City can approve the developer's proposal, a recommendation is required from the Parks and Recreation AdyiseFy G„mmi++oo Department. All improvements either shall be financially guaranteed or accepted by the City prior to the filing of a final plat in the case of platted developments or prior to issuance of certificates of occupancy in the event that plat approval is not required. The process of financial guarantee shall be the same as that found in Subsection 8.1.10 and shall be used whether a plat approval is required or not. Once improvements are accepted by the City, the developer shall deed the property and improvements to the City." SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. UDC Proposed Text Amdmt Park Land Dedication vFinal Page 2 of 3 SECTION 4. 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 5. 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 , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor UDC Proposed Text Amdmt Park Land Dedication vFinal Page 3 of 3 DATE: January 2, 2013 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 establish policy regarding a Street User Fee. CAPTION: Resolution approving design concepts for a street user fee; and establishing policy relative to a street user fee PURPOSE: The Resolution addresses additional policy questions necessary for the development and implementation of a Street User Fee and has been revised from the December 18, 2012 document to include a sunset provision. 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. On August 28, 2012, staff presented a Resolution seeking a confirmation of City Council's intent to move forward with the implementation of a Street User Fee and direction regarding specific aspects of the Street User Fee policies. During the presentation, Council Members requested slight modifications to elements regarding the Street User Fee as well as the addition of other items not directly related to the Street User Fee, but associated with the Street Plan. The revised Resolution was approved on September 18, 2012. The attached Resolution further defines key components of the rate design and application of a fee in order to finalize development of the Street User Fee. During the December 18, 2012 Council meeting in which the Resolution was presented as a Future Agenda Item, a request was made to include a sunset provision in the Resolution language. That change has been made. 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 within the requested timeframe. 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 "This item" — Enter amount obligated by the item in future years (if applicable). RECOMMENDATION: Staff recommends passage of the Resolution in all of its parts. LIST OF SUPPORTING DOCUMENTS: None. y °� � � \ � \ � * �a «� I �© �« ) } 0 r \t , a\!!�!!!\ Ln -0 @@z))) ) .. ... .. . . ƒ }- T - v. T- k k 2 § / \ y ./ x/— §0 / j 4 / � g \ / w =2 Ln E .a E e o E E � : L $ j ) { Ln Ln cr� 06 ba Q) Q i 0 N Z�, cli O i �� O Cl) O O LU N O N Q Z Q Q Q) Q) w w a Q rq cl i�, U _ O Q LV m 0 (T3 `� W o CJ ") W Cl) o Q) o U v� Z Q Q m 0 ,_ Q) e o Q) Z Q' CD Q Q w Z Q W Q'U� :sQ Lo M Z3 Q 'j W p O W Q Q Q) cB Q i0 w O - O O L r is ai � o .� o p, m O O cB Q) Q) N w N Z3 V-- m g �' �, o �, U a 7i co QQj N U N w w (j O Z N co �* LO II111111 • f 1 � !' 1 Ln 1 cu f 1' Il i i i 4A5 /j w r-1 r['1 °Siff LU 0 i 1 cc C cc • f 1 � !' 1 Ln 1 cu f 1' Il i i i Ga O� H AGENDA MEMORANDUM First Reading for the City Council Meeting of January 8, 2013 "oP ©pE° Second Reading for the City Council Meeting of January 15, 2013 1852 DATE: December 19, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; 826 -3729 Lawrence Mikolojczyk, Director of Solid Waste Operations LawM @cctexas.com; 826 -1972 Award of Contract for Professional Services: Cefe Valenzuela Landfill Disposal Cells Interim Cover CAPTION: Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 transferring budgeted funds in the amount of $250,145 from the Citizens Collection Center Flour Bluff /Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project; and authorizing the City Manager or designee to execute a Contract for Professional Services with C P & Y, Inc., of Dallas, Texas in the amount of $475,465.00 for the Cefe Valenzuela Landfill Disposal Cells Interim Cover. PURPOSE: The purpose of this Agenda Item is to authorize the proposed consultant to begin designing and installing required final cover. BACKGROUND AND FINDINGS: The Cefe Valenzuela Landfill operation permit and TCEQ regulations requires the design and installation of the interim final cover for Disposal Cells 3D, 4A and 4B be completed in a timely manner. Plans for the interim final cover must be reviewed and approved by the TCEQ prior to starting construction. The project will include the analysis of alternate interim cover systems that could reduce the operational and maintenance cost of a conventional interim cover system. The evaluation of the cost effectiveness of including solar electrical panels as part of the alternate interim will be part of the services being requested. The decision of the cover system to be installed is to be based on cost benefit analysis of the life of the system, but not to exceed 20 years. C P & Y, Inc. of Dallas, Texas was selected for this project as a result of Request for Qualification (RFQ) No. 2011 -05 Professional Services for Department of Engineering Services Projects, dated November 14, 2011. ALTERNATIVES: 1. Award the contract to C P & Y, Inc. as proposed. 2. Do not award the contract to C P & Y, Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Budget EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- Project to Date 2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $530,145.00 $1,762,699.00 $2,292,844.00 Encumbered / Expended Amount This item 475,465.00 475,465.00 Future Expenditures 54,680.00 1,762,699.00 1817,379.00 BALANCE 0.00 0.00 0.00 Fund(s): #07 Public Health & Safety CIP Comments: RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to C P & Y, Inc. of Dallas, Texas in the amount of $475,465.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Location Map Ordinance CEFE VALENZUELA LANDFILL DISPOSAL CELLS INTERIM COVER Project No. E11061 January 15, 2013 FUNDS AVAILABLE: Sanitary Landfill 2008 CIP ( CO) ..................................................... ............................... $ 280,000.00 Ordinance transferring in budgeted funds ........................................ ............................... 250,145.00 Future CIP budget request ........................................................... ............................... 1,762,699.00 TOTAL ..................................................................................... ............................... $2,292,844.00 FUNDS REQUIRED: Construction Estimate Base Bid .................................................... ............................... $1,500,000.00 Contingencies ( 10%) ................................................................... ............................... 150,000.00 Consultant Fees: Consultant Design (Chiang Patel & Yerby) ...................................... ............................... 475,465.00 Construction Materials Testing ( estimate) ........................................ ............................... 30,000.00 Geotechnical Engineering Testing ( estimate) .................................... ............................... 30,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) .............. ............................... 33,750.00 Engineering Services (Project Mgt/Construction Inspection/Traffic Mgt) . ............................... 52,500.00 Finance.................................................................................... ............................... 18,750.00 Misc. (Printing, Advertising, etc.) .................................................... ............................... 2,379.00 TOTAL ..................................................................................... ............................... $2,292,844.00 ESTIMATED PROJECT BALANCE ............................................... ............................... $0.00 \Mproject \counci#exhibits \exhE 1 1061. dwg NUECES BAY Up R��R s° ROAD o �FOp R ■ V � a �H37 O J � O U Z Z W Q N � Z W Y U HWY 44 AGNES o NO 0 w O U N 0 z 665 a = CORPUS W N z F C-) CHRISTI o o o INTERNATIONAL W z Y AIRPORT ° BEAR z a CORPUSI CHRISTI moo, N N F M. 665 mi F.M. 43 NUECES COUNTY F.M. 665 F.M. 20 • J.C. ELLIOTT LANDFILL F. M. 43 00 N 2 0 U FM 2444 F.M. 18 mm F.M. 16 CEFE F. VALENZUELA MUNICIPAL LANDFILL Sh�l c \ C6°noel I a SITE LOCATION MAP NOT TO SCALE PROJECT # E11061 O� �o CABANISS FIELD FM 2444 �/ffa RO40 e4ko CITY COUNCIL EXHIBIT CEFE VALENZJELA LANDFILL CITY OF CORPUS CHRISTI, TEXAS DISPOSAL CELLS INTERIM COVER DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 = - CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and C P & Y. Inc., a Texas corporation, 1820 Regal Row, Suite 200, Dallas, Dallas County, Texas 75235, (Architect/Engineer —A/E), hereby agree as follows: 1. SCOPE OF PROJECT (Cefe Valenzuela Landfill Disposal Cells Interim Cover— Project No. E11061) A Texas Commission on Environmental Quality (TCEQ) permit requires the design and installation of the interim final cover for disposal cells 3D, 4A and 4B must be completed in a timely manner to protect public safety and avoid penalties. The TCEQ must review and approve the construction plans prior to construction starting. Installation of the interim final cover will protect the environment by keeping the accumulated waste in place. Using an alternate interim cover system could potentially reduce operational expenses if approval is given to a design which includes solar panels to produce energy. TCEQ Permit requires design and Construction of the leachate recirculation management plan. The work is necessary to maintain the control of leachate infected ground water and insure regulatory compliance for the proper handling of leachate generated from disposal cells. Proposed work will optimize controls, capacity, size, piping and leachate pumps with intended recirculation of leachate into the proper disposal cells. Prior expenditures include preliminary work to obtain necessary permit modifications and TCEQ approval to add groundwater in cells with the recirculated leachate. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and 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. Contract for Engineering (A/E) Services Page 1 of 3 The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $475,465.00, (Four Hundred Seventy Five Thousand Four Hundred Sixty Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon 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 Consultant agrees that local architectural and engineering liaisons will be used to the extent practical. 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 A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the AIE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the 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 2 of 3 A/E further agrees, in compliance with City of Corpus Christi Ordinance No, 17112, to complete, pa;rt of this co of Interests form. I Oscar R. Martinez, Date Assistant City Manager Daniel Biles, P. E., Date Director • Engineering Services Operating Department Date Office • Management Date and Budget am Vora= Project Number: E! 1061 Fundinq Source: 550950-3365-00000-El 1061 Fund Name: SanitaU Landfill 2008 CIP Encumbrance Number: Contract for Engineering (AIE) Services Page 3 of 3 Partners for o Better Quality of Life 4�4 Mr. Dante Biles, P.E. Directo a f Engineering Services P.O. ox 9277 Co a s Christi, Texas 78469-9277 V� t' Re- Proposal for Professional Engineering Services-Project E11061-CIP No. PHS 110 Cefe Valonzuela Landfill Disposal Cells Interim Cover, Permit Modification Application for Enhanced Leachate Recirculation (ELR), and ELR Performance Sampling and Monitoring NO 71 ■� Mu a r s r affu_ff W Program commences. A complete desc s n of their work efforts is presented as Task C in the attached Scope of Services, s' Task A.2 Prepare cost estimates for the installation of each of the selected cover systems for bol 182,0 Regal Row. Suite 200 Dallas, Texas 75235 214.63H500 - 2M638_3723 fox 9/24012 Mr. Dan Biles, PE Task A.$ Evaluate each cover system related to erosion, deterioration, maintenance and potential energy revenue. Prepare an annual cost estimate to maintain each of the selected cover systems. Lask A-4 lected cover s stems for a 20 year period. Based upon this analysis comparisorll recommend an interim andlor final cover system to the City. _Task A, 5 Task A.6 Prepare a Draft copy of the Permit Modification Application, and submit to the City for Technical and Legal Review. Incorporate Review comments and prepare a final document (including a red-lineistrikeout version), and submit it to TCEQ. (Note: This task does not lask AY Respond to two (2) Notice of Deficiency (NOD) letter(s) from TCEQ by providinr, clarifications or additional required information- Dsk A. After the TCEQ declares the Application Technically Complete, assist the City with notification of surrounding property owners. PlIrInUS for a Better Oualily of Life • . I VINIT1111111-11 * Develop a Recirculation Management Plan to address: * Piping. * Storage. * Liner Head Monitoring. M-11074�� • Design and Spacing of Laterals, Permeable Beds, Vertical Wells and Surfac; Applications. • Dosing of Laterals, Beds and other applicatJons of leachate. • Monitoring and Reporting Plan for leachate, solid waste and landfill gas. Partners fat a Better Qualily af Life CRY) IT "N Pa2e, 3 of 13 1 RMN111 11001imbErm: - * �- rfiig Task B.2 Prepare a Draft copy of the Permit Modification Application, and submit to the City for Technical and Legal Review. Incorporate Review comments and prepare a final document (including a red-line/strikeout version), and submit it to TCEQ. Task B,3 Respond to two (2) Notice of Deficiency (NOD) letter(s) from TCEQ by providing clarifications; or additional required Information. Attend one (1) meeting at the TCEQ offices in Austin. Task B. After the TCEQ declares the Application Technically Complete. assist the City with notification of surrounding property owners. Task 8.5 (Optional) After final approval of the Permit Modification by the TCEQ�, prepare a separate proposal to assist the City with implementation of the ELR system under a separate authorization. C. ELR Perforrnance Sampling and Monitoring (To be perfon-ned by the University of Texas at Arlington (UTA)) a 4 W] I GIUMS] 11-0 lw�t IWIMIM tJtuf Partners for a Boiler Quality of Life EXHIBIT "A" LtPage 14�of 13 'I'Mir,rorlifffli[wWoll III ME= MEM���� EXHIBIT Page 5 of 13j: 9/2412012 Page 6 of 13 Mr. Dan Bites, P.E. 21 B11 1 M.31 i Solid Waste (M wMai-Im&dat for the ELR operation. This Will also help us determine the characteristics of moisture flow through waste due to ELR operation. For clarity, Task C. 2 has been divided into two tasks: Task C.2a —; Sample Collection and Task C.2b- Laboratory Testing. Specific tasks associated within this task are provided here: a Based on the R! results from Task CA, UTA will visit the landfill site and select a few locations (3-4) a representative ,:r -d MSW samples from landfi ll Sectul 3D (Phase 1) and Sector 4A (Phase 11). Representative samples will be collected from at approximately 10-ft intervals vertically from the top of the landfill waste column to the bottom of the landfill, up to 40 to 50 ft below landfill surface, a The sample will be collected using 3 ft diameter bucket auger sampling as presented in Figure 3. The drilling contractor will hired by UTA to conduct the drilling during the sample collection. UTA will coordinate and work with the ddller and City staff members during the sample collection. The number of samples will be determined based on the discusslons with City staff members. "adners for a Better Quality of Life C R 0 X11 SWIM 912412012 Mr. than Silas, P. E. H 111 .. I 0 Partners foi a Bailer Quality of tile CRY) LEXHIBIT "A" ..-,Page 7 of 13 MEW MOMMMIMMOMEMI 1 Conduct extensive site investigations, including, the geophysical study of existing subsurface conditions using Resistivity Imaging (RI). These investigations will; be conducted to characterize the subsurface moisture profile within and immediately surrounding the leachate recirculation pipe line or areas of interest. Conduct 2D resistivity imaging for the assessment • leachate recirculation system performance. The number of 2"D lines profiled will be determined during the investigation, The freq�uency of the resistivity imaging will be decided in consultation Partners for a Better Quality of tife CRY) EXHIBIT "A" Page 8 ■ 13 N!. Z 4 ♦ 0 o Efficiency of the leachate recirculation systems. Provide final report on the geophysical investigations conducted and interpretation results. Attend technical meetings with consultants, or any other parties, as required or requested by the City personnel. TheMocouies at-S-e-lect-ed -Recirculation Locations The major objective of Task 2 is to monitor the variation of moisture, temperature and pressure Within landfilled solid waste due to; water addition or leachate recirculation at selected locations. Specific tasks associated within this task are provided heret 1. Prepare the Instrumentation and monitoring plan for the moisture, pressure: and temperature variations within the landfill solid waste at selected locations.; Once the instrumentation plan is finalized, UTA will work with the City personnel to install them at the site. 2. Monitor the data loggers on monthly basis, initially. However, based on the collect data, the monitoring plan will be adjusted. 3. Provide quarterly report on the collected field data. .4. Submit final report summarizing the findings, The report will compile all the informati disseminating from each task of the proposed work. 5. Attend technical meetings with consultants, or any other parties, as required requested by the City personnel. • Partners for a fiellat Quality of Life CRV) LEXHIBIT "A" Page • of 13 11 =1 I I � Task C.5 — Monitoring and Characterizing Landfill Leachate UTA vAll visit the landfill site and collect representative leachate samples from t landfill, UTA will coordinate and work with the City staff members during the samp] Conduct laboratory study to determine the characteristics of leachate. The experimental program is presented in Table 2. Table 2 — Expertmenta Provide quarterly report on the laboratory investigations of leachate characteristics, Submit final report summarizing the findings. The report will compile all the information disseminating from each task of the proposed work. UTA will attend technical meetings with consultants, or any other parties, as required or Table 3 — Experimental Program Fatiners for a Belier Qualfly of Life CRY) IEXHIBIT "All Page 10 of 13 U 31 112412012 Mr. Dan Biles, P.E. SUMMaly,of-Technical Meetions UTA will attend technical meetings with consultants, or any other parties, as required requested by the City personnel. I Partners foi a Better Quality of Life C irI 4+ EXHIBIT "A" ,=ej I of 13 FEE ESTIMATE i he following Fee estimate is based on the man hour eslimate included as Attachment A, We are requesting the City of Corpus Christi authorize CP&Y to complete the above scope of services on a lump sum basis with the total fee not to exceed $475,465,00, without further written approval. The individual fee by task is summarized as follows: Task B~ Permit Modification Application for ELR— .................................. $79.580 TaskC.1. .... ... .................... . ... ................. .................. '..... ^'~^~~^..^^''$48/855 TaskC.2. ..... .~................. .... --- ......... ............ --'^^^~ ................. -....... TaskC.3 ...... ...... ........ .......... _ ..................................................... ... 8119/475 TaskCA ................. ......... '.................... ............. .................................... $71,310 We appreciate the opportunity to work with the City of Corpus Christi on this important project and will continue to do all that we can to make sure it Is successful to allow the Cefe R Valenzuela Landfill to continue to meet the disposal needs of the City. If you have any questions, please call 214-58M9O3 or email meat fpu9sleYQcpyi.cci CP&Y, Inc. Approval, Mr. William R. Hindman, P.E. Date Senior Vice President � MM ILTJMIFTJI,Ofl�� Patiners for a Beller Quailly of Life EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE 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, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates 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 $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $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 Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT Page 1 of 3 C Zom meets and Settings%WmaP.CCP0Moca1 Sotungs%Temwary Internet Res%Contanl Outlook%UZI0HPCNARGE AE EXHIBIT 8 docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 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. EXHIBIT "B" Page 2of3 CA Documents and Settm9sNetmaP.CCPD11Local Settings%Temporary Intemot Fdos %Contem.Cuttook%UZIOHPC21LARGE AE EXHIBIT B.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 CADOdiments and SettingslVeMaP- CCPDI%Loeal Sattings%Temporary Intemet RaslContent ODUook%UZOHPC2ILARGE AE EXHIBIT B.doox W Q Zooms ~ o M Wav- N 4) OC Z Z a� F-m0> J C aa- 2 U d V � O O CL v d 4 v O O C N O 3 O •v O i C a- O• E >> a S O C V N O Z M E Q 0 Z V E a w C \° 0 Il- � 0 Il- ! C \ 0 O I C \ 0 to C T C \ 0 0 \ 0 0 \ 0 0 \ 0 0 \ 0 0 \° 0 0 \o 0 to \o 0 O \o 0 co 00 O co U O O 00 0f3 0 0 0 0 0 0 0f3 000 •� O A to O d U. U- N U_ O m a UO O LO to c C B U CD O O 0 `5 Q� Q �+ CO to LL O to m CU Q O E 3 o a o 4 �_ �a.�°�U 0 (D m del � � H O O O O O C 0 0 0 0 0❑ p 0p O O O O to to In In O0 0 0 0 00 0 0 0 0❑ p O0 0 0 0 m 0 0 °o_ � � I- 000cooT- oCD CD IV W tnm �T- m o Est - CD (DmmCD 0 m m r oo r r o o N m %- cn IV le T-- N r w oho N M K M 4a 61! 6i> fA ti/ og 0 0 0 0 0f3 00 0 0 0 0❑ Q Oct CD O 06D H E- 00 0 0 0 0 00 0� O O O O Q❑ 0 O0 00 Hm F- 1- ao 0 (O 0 0 0 O v❑ Q to .- to CO m o 6F), .- M a) rn 0 0 a) O o O N m in cM cM v F- � O o No to N M to M 000 64 6% 69 m m �s Exhibit "C" Page 1 of 1 vOi N N N V •� aO N N N a O U N �, u N m L a. O :.=• m m co U .s C m O CL O N �O ca CL N U U O lL •� N Exhibit "C" Page 1 of 1 N N U_ N d d N U U O lL •� N A to O d U. U- N U_ O m a UO 'r_ C O c C B U CD O O 0 `5 Q� Q �+ CO C O LL O '°a m CU Q O E 3 o a o 4 �_ �a.�°�U 0 (D m camQ� Exhibit "C" Page 1 of 1 strPPr.IER M,)i4t3E.rt TO BE ��SIGNM BY—Ml- PURCHASING DIVISION City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking, to do business with the City to prov €de the following information. Every uestion must be answcrcd. If the question is not applicable, ansNver with "�° A "'. See reverse i e for Filing I etluirernents, Certifications and definitions. COMPANY NAME: C P & Y, Inc. VDIffam STREET ADDRESS: 1820 Rcgal ftow, Suite: 200 CITY: Dallas ZIP: 75?35 1'IftM IS: 1. Corporation X 1 Partnerslrilt 3. Sole Owner 4. Association El 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this parse or' attach separate shect. I. State the names of each "ernployee" of the City of Corpus Christi having all "ownership interest" constituting 3% or store of the owrnershili in the above named `'first. ?carne Department (if known) .lob T i t I c and City 2. State the names of each "official" of the City of Corpus Christi having n "`ownership interest'" constituting 31% or more of the ownership in the above named "firm. "' Taste Title . State the names of each ``board member " of the City of Corpus Christi leaving= an ­ownership interest'" constituting 3% or more of the ownership in the above named "three. "' Warne 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 "oev ership interest" coastitutin�o, 3% or rttore of the ownership in the above named '"firm.'" aerie Consultant FILING REQUIREMENTS If a person who requests official action oil a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from tile of that the action will have oil members , of tile public in general or a substantial seginent thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in tile ii�latter, unless tile interest of the City ofiricial or employee in the matter is apparent. The disclosure shall also be m w made in a signed riting filed with the City Secretary. [ apparent. Ordinance Section 2-349 (d)] CERTIFICATION I certifv that all information provided is trite 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 bcproniptly Submitted to the City of Corpus Christi, exas as changes occur. Certifying Person: W, wl_ t vldmalel Title: Se4lp-"o Via 46r"A�11 (Type or Prini) Signature of Certit'ying i Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by tile City Council of the City of Corpus Christi, Texas. b. "Economic benefit". Ali action that is like] to affect an economic interest if it is likely to y I have ,in effect on that interest that is distinguishable frorn its effect oil members of the public in general or a Substantial segment thereof. c. "Employee." Any person employed by the City of Cot-pus Christi, Texas either oil a full or part-time basis, but not as all independent contractor. "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-ern p toyed person, partnership, corporation. joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit or-an izat ions. e. "Official." The Mayor, members of" tile City Council, City Manage]-, Deputy City -Manager, Assistant City Managers, Department and Division Heads, and Municipal Court JUdoes 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 ]geld through an agent, trust, estate, or holding entity. held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreernents." "Consul ant." Any person or firni, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and I-CCOturnendation, Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 transferring budgeted funds in the amount of $250,145 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project; and authorizing the City Manager or designee to execute a contract for professional services with CP &Y of Dallas, Texas in the amount of $475,465 for the Cefe Valenzuela Landfill Disposal Cells Interim Cover project BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Budgeted funds in the amount of $250,145 are transferred from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project SECTION 2. The City Manager or designee is authorized to execute a contract for professional services for Cefe Valenzuela Landfill Disposal Cells Interim Cover project in the amount of $475,465 with CP& Y of Dallas, Texas. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor pia O! L# 05 a 4 0 i i LM O N 00 c� c� cri Ui Z3 !_ C Q u u: pia O! L# 05 a 4 0 i i LM O N 00 c� c� N co tT Q � U W co 00 o 0 O O O 0 oo "T m o , 0 0 O O N N M Lo 0 0 N N I` N N 6} 0 O O 0 O O O O LO 6c3 0 0 0 0 0 0 0 0 CU 00 00 00 O U 0 0 N `F- � U) Z3 � -0 O 70 m m E O O O LO � O O W (6 E W Q m U W a D 0 LL (6 Cn �i WINI O N N 6} Kii CU Lii a J O U 0 0 N `F- 0 a� 0 70 O U) Z3 � -0 LB Cy 70 m m E O o o O LL 06 cu �_ O O O W (6 E W Q m U W a D 0 LL (6 Cn " O a N L- Q H Q H W 0 z LL 0 0 U U 0 U �. 0 U �. 0 U O 0 U U (D o CU (D O -0 CU 0 J O H W cn W Kii SC a o° AGENDA MEMORANDUM NaR;oRp,o First Reading for the City Council Meeting of January 8, 2013 ss Second Reading for the City Council Meeting of January 15, 2013 DATE: December 17, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services DanB @cctexas.com 361- 826 -3729 Gustavo Gonzalez, P. E., ustavoo cctexas.com (361) 826 -1874 Director of Water Operations Renewal of Waterline Easement ME800236 from the Texas General Land Office CAPTION: Ordinance authorizing the City Manager or designee to execute Miscellaneous Easement ME800236 with the State of Texas through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, at the total cost of $67,025.90 which includes the ten year land use fee of $66,675.90 and an application fee of $350.00. PURPOSE: This ordinance renews the existing easement rights for another term of ten years for the City's 24 -inch waterline across the Laguna Madre to the Water Storage and Pumping plant located on Padre Island at Sandollar Avenue. BACKGROUND AND FINDINGS: In 1981, the City of Corpus Christi constructed a 24 -inch diameter waterline across the Laguna Madre as shown on the attached Council Exhibit. The office of the Texas General Land Office (TGLO) conveyed a 30 -foot wide easement to the City for construction of the waterline at the initial cost of $3,225.00 for a ten year term. The length of the easement is 1,130.09 rods or 16,646.65 feet. The waterline transports water from the pumping /storage plant on Holly Road to the pumping /storage plant on Padre Island located off of Sandollar Avenue. The easement has been renewed every ten years since 1981 making this the fourth renewal. The cost of the last renewal was $23,732.00. The TGLO has recently updated their fee schedule which has increased the various easement costs substantially. The attached waterline easement ME800236 is up for renewal at a total cost of $67,025 for another ten year period which includes a $350 application fee. Expenditures for land and easement rights which exceed $50,000 require approval by City Council. ALTERNATIVES: None. This waterline is critical for supply to Padre Island and Port Aransas. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Leasing of private or state owned lands conforms to City policy. Expenditures for land rights that exceed $50,000 require City Council approval. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Water and Engineering Departments 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 79,875.90 79,875.90 Encumbered / Expended Amount 3,027.41 3,027.41 This item 1 67,025.901 1 677025.90 BALANCE 1 97822.59 1 1 9782 Fund(s): Water Department, Non - Capital Lease Payments: 530180 - 4010 -31520 Comments: None RECOMMENDATION: Approval of the Ordinance and Easement with the Texas General Land Office as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Council Exhibit Miscellaneous Easement ME800236 Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute Miscellaneous Easement ME800236 with the State of Texas through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, at the total cost of $67,025.90, which includes the ten year land use fee of $66,675.90 and an application fee of $350.00. 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 a Miscellaneous Easement ME800236 with the State of Texas, through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, and a total cost of $67,025.90. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Nelda Martinez 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: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED on this the ATTEST: Armando Chapa City Secretary day of '2012. Nelda Martinez Mayor The State of Texas �S(tA4 4q 4 t8 y o c rt X T i 9L19Nfc Austin, Texas MISCELLANEOUS EASEMENT (PIPELINES) ME800236 STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: This Miscellaneous Easement (the "Agreement "), ME800236, is granted by virtue of the authority granted in Section 51.291, et seq., TEX. NAT. RES, CODE, 31 TEX, ADMIN. CODE §13.12, et seq., and all other applicable statutes and rules, as the same exist on the date hereof or as they may be amended from time to time. ARTICLE I. PARTIES 1.01. In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the STATE OF TEXAS, acting by and through the Commissioner of the General Land Office, on behalf of the Permanent School Fund, (the "STATE "), hereby grants to City of Corpus Christi, whose address is PO Box 9277, Corpus Christi, TX 78469 -9277, phone number (361) 826.3500, (the "Grantee "), a non- exclusive easement for the purposes identified in Article V. ARTICLE 11. PREMISES 2.01. The easement is located across Permanent School Fund land in Nueces County(ies), Texas, described as follows: Laguna Madre, State Tract Numbers 16, 17, 28, 29, 44, 51, 61 and the easement is a right -of -way 1130.1 rods long and 30 feet wide, being 15 feet either side of a centerline formed by the Improvements (as hereinafter defined), as constructed (the "Premises "). In addition, if repair and/ or replacement of the pipeline is necessary, for a period not to exceed 60 days, Grantee shall again be granted additional easement width which shall be 100 feet wide being 50 feet either side of the centerline. The Premises are further described or depicted on the Vicinity Map attached hereto as Exhibit A and the Survey Plats attached hereto as Exhibit B, collectively incorporated by reference for descriptive purposes. 2.02. Grantee acknowledges and agrees that when the Improvements (as hereinafter defined) are placed on the Premises, the location of such Improvements within the easement shall thereby become fixed at such location and shall not be changed except by an amendment to this Agreement signed by both parties hereto and subject to any approval by any other governmental agency with jurisdiction over same. 2.03. GRANTEE HAS INSPECTED THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PREMISES AND ACCEPTS THE SAME "AS IS ", IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION. THE STATE DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, AND ANY MF800236 ] CUSTOMER ID: 0000000881 ME PL PSF_12 28 201 Ldoe jfie[der OTHER WARRANTY WHATSOEVER NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. THE STATE AND GRANTEE HEREBY AGREE AND ACKNOWLEDGE THAT THE USE OF THE 'TERM "GRANT" IN NO WAY IMPLIES THAT THIS EASEMENT IS FREE OF LIENS, ENCUMBRANCES AND /OR PRIOR RIGHTS. NOTICE IS HEREBY GIVEN TO GRANTEE THAT ANY PRIOR GRANT AND /OR ENCUMBRANCE MAY BE OF RECORD, AND GRANTEE TAKES SUBJECT TO ANY SUCH PRIOR GRANT AND /OR ENCUMBRANCE. GRANTEE IS ADVISED TO EXAMINE THE RECORDS IN THE ARCHIVES AND RECORDS DIVISION OF THE GENERAL LAND OFFICE, 1700 NORTH CONGRESS AVENUE, AUSTIN, TEXAS 78701- 1495, AND ALL OTHER LAND TITLE RECORDS OF THE COUNTY OR COUNTIES IN WHICH THE PREMISES ARE LOCATED. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS EASEMENT. ARTICLE III. TERM 3.01. This Agreement is for a period of ten (10) years, beginning on June 1, 2010, and ending on May 31, 2020, unless renewed, amended, or sooner terminated as authorized by law or as set forth herein. 3.02. Provided that Grantee has complied with all provisions of this Agreement, Grantee shall have the right to extend and renew this Agreement pursuant to 31 TAC § 13.17(c) and (d) for an additional like term based on the then current rate schedule and on the terms and conditions provided hereunder, by taking the following actions: (i) providing written notice to the STATE of Grantee's intent to renew the Agreement not less than ninety (90) days prior to expiration of the term of this Agreement; and (ii) completing and submit to the STATE for approval, an application for renewal within thirty (30) days following the notice provided in Section 3.02(1); and (iii) paying the applicable renewal fee, pursuant to the rate schedule in effect at the time of renewal; and (iv) providing documentation showing the current location of the Improvements. This documentation shall include spatial coordinates sufficient for determining that the pipeline(s) lie within the approved Premises. Such information may be in the form provided to the U.S. Department of Transportation, provided that such documentation includes the current location and spatial coordinates. Notwithstanding the foregoing, and provided that the pipeline has been in place for at least twenty (20) years (an "older pipeline "), Grantee may, in lieu of providing such actual dimensions and spatial coordinates, satisfy the requirements of this subsection (iv) by providing a certified written statement by a Professional Engineer which states that the engineer, despite having employed best efforts to do so, can not ascertain the burial depth and/or location coordinates of such existing pipeline from Grantee's existing records and documentation. Any such certified statement shall also include any documentation in Grantee's possession relating to either the actual dimensions or spatial coordinates of the Improvements. If Grantee, at any time, later discovers or determines the actual burial depth and /or location coordinates of an older pipeline, Grantee agrees to submit such documentation to STATE. If either STATE or Grantee determine that an older pipeline is not actually located within the right of way described in this Agreement, both STATE and Grantee will enter into an amendment to this Agreement to correct the right of way description provided such right of way is located on State -owned land. In any event, Grantee will indemnify STATE pursuant to Section 8.01 of this Agreement even if some or all of the Improvements are not located on State -owned land. 3.03. In the event that Grantee shall fail to comply with the requirements of Section 3.02, Grantee shall be in default hereunder; however, the Easement shall not terminate until STATE provides notice of such failure and allows a period of thirty (30) days for Grantee to cure such failure and default. Grantee's failure to comply with Section 3.02, even if subsequently cured to STATE's satisfaction, shall be deemed a forfeiture of any right Grantee may have to renew the Agreement. STATE may require (i) the full then - current fee as calculated for a new easement, or, (ii) the applicable renewal fee pursuant to the rate schedule in effect at the time of renewal, plus an administrative penalty as determined by STATE. ME800236 2 CUSTOMER ID: C000000881 ME PL PSF_12 28 2011.doc jfielder ARTICLE N. CONSIDERATION AND TAXES 4,01, A. As consideration (Consideration) for the granting, or if applicable, renewal of this easement, Grantee agrees to pay the STATE (payable to the Commissioner of the General Land Office at Austin, Texas) the sum of Sixty -Six Thousand Six Hundred Seventy -Five And 90/100 Dollars ($66,675.90), due and payable upon the execution of this Agreement. B. Past due Consideration and other past due payments shall bear interest as provided in TEX. NAT. RES. CODE Section 51.301, as amended from time to time. Failure of Grantee to make a payment on or before the date the same becomes due shall be deemed an act of default and, at the STATE's option, cause all payments to become due and payable immediately; provided, however, STATE shall give Grantee notice of such default and allow a period of thirty (30) days within which to cure the default before exercising such option to accelerate such payments. 4.02, In addition to the above, Grantee shall pay and discharge any and all taxes, general and special assessments, and other charges which during the term of this Agreement may be levied on or assessed against Grantee's interest in the Premises or on the Improvements constructed thereon. 4.03. Grantee agrees to and shall protect and hold the STATE harmless from liability for any and all such taxes, charges, and assessments, together with any penalties and interest thereon, and from any sale or other proceeding to enforce payment thereof. ARTICLE V. USE OF THE PREMISES 5.01. Grantee and Grantee's employees, contractors, and agents shall have the right to use the Premises for a right - of -way to construct, maintain, operate, inspect, repair, change the size of, and replace one (1) 24 -inch O.D. pipeline for the purpose of transporting domestic water (the "Improvements "). Grantee shall not change (i) the operation of the pipeline in any material respect or (ii) the category of products therein, without STATE's written permission, such permission not to be unreasonably withheld. Also, it shall not be unreasonable for STATE to (a) condition its consent on Grantee procuring and providing proof to STATE of adequate insurance to protect the Premises and (b) charge fees for (i) additional pipelines, and (ii) changes in use operation, including but not limited to, a use separate and apart from the original use contemplated by the Agreement, e.g. fiber optics and reverse flow. STATE agrees to grant or deny such permission within thirty (30) days following Grantee's request for a category use change, provided such request includes all information necessary for STATE to make an informed decision. 5.02, A. The STATE and Grantee hereby acknowledge and agree that each shall have reciprocal rights of ingress and egress to and from the Premises across contiguous or adjacent Permanent School Fund land or land owned by Grantee, provided in the exercise of this right the STATE and Grantee agree not to unreasonably interfere with the other party's (or that party's agents, assignees, or designees) use of its property. At its sole cost, risk, and expense, Grantee shall have the right of ingress and egress for the purposes authorized by Section 5.01 and such right is not granted for any other purpose. Grantee and the STATE mutually agree to coordinate the use of contiguous or adjacent Permanent School Fund land or land owned by Grantee, respectively, and to exercise such right of use only to the extent and in the manner allowed by the respective interests of the parties in the subjects lands and for the length of time necessary to provide access to and from the Premises. Notwithstanding any other provisions to the contrary, no easement is created by this Section 5.02; instead, a license is granted to the parties and their respective officers, employees, agents and contractors for the limited purposes set forth herein. B. Grantee acknowledges and agrees that the STATE's right of ingress and egress described in Section 5.02.A. of this Agreement shall be, and remain in effect as long as the Improvements and any other structure placed on the Premises by Grantee remain on the Premises, as necessary for the STATE to confirm the removal (in whole or in part) of the Improvements, and /or until any claims of liability against STATE arising in connection with the Improvements are finally resolved. Such right of ingress and egress shall survive the expiration or earlier termination ME800236 3 CUSTOMER ID: C000000881 ME PL PSF_12 28 201 Ldoc fielder of this Agreement, but only for so long as the Improvements remain on the Premises and /or any claims for liability have not been finally resolved. 5.03. A. Grantee's use of the Premises is subject to and contingent upon compliance with the following covenants, obligations and conditions (the "Special Conditions")- 1. Grantee is responsible for maintaining all structures authorized under this contract in good repair and safe condition, and in compliance with all existing state and federal regulations governing such work. 2. If a leak occurs in a pipeline, Grantee shall take all immediate action to prevent further release, as comports with industry practice or complies with applicable regulatory requirements. Grantee is required to perform mitigation and /or pay surface damage fees according to the STATE's policy ui effect at the time damages occur for any and all surface damages resulting from actions of Grantee's employees, contractors, and /or agents during the term of this easement. If mitigation is required Grantee will be notified in writing by the STATE of the terms and conditions under which the mitigation shall be conducted. Such mitigation and /or payment of damage fees shall be performed in the manner and within the time frame specified in written notice provided by the STATE to Grantee following said damages. B. Prior to any construction, installation, repair, or other activities on the Premises, Grantee shall provide written notice of all the terms of this Agreement relating to the particular activity to any contractor and/or agent involved in any such activity. On request, Grantee shall send a copy of such notice to the General Land Office, ATTN. Asset Inspection, 1700 N. Congress Avenue, Austin, Texas 78701 -1495. 5.04. STATE shall have the right to use or to permit the use of any or all of the Premises for any purpose deemed, in STATE's sole discretion, not to be inconsistent with Grantee's easement grant. STATE, its agents, representatives and employees shall have the right to enter upon the Premises at any reasonable time (or any time in case of emergency) for purposes of inspection, repair, and any other purpose necessary to protect STATE's interests therein. Except in the event of an emergency, in which case no notice is required by STATE, if STATE reasonably believes that a repair is necessary to protect the health and safety of the public, the environment, or the value of STATE's property, STATE shall give Grantee reasonable prior written notice of the necessary repair. If STATE gives such notice, and Grantee does not initiate immediate action to pursue to completion such repair with diligence, STATE may, but shall not be obligated to, undertake that repair, all costs of which shall be immediately due and payable by Grantee on STATE's demand. This Section 5.04 is for the sole purpose of providing a mechanism for STATE to respond to a situation in which immediate action is required to protect the State and /or public interest and such immediate action has not been initiated by or on behalf of Grantee. 5,05. Grantee shall not use, or permit the use of the Premises for any illegal purpose. Grantee shall comply, and will cause its officers, employees, agents, contractors and invitees to comply, with all applicable laws, ordinances, rules, and regulations of governing agencies concerning use of the Premises. 5.06. Failure by Grantee to construct, maintain and operate the Improvements in accordance with this Article V may render such Improvements "unauthorized structures" as defined under TEX. NAT. RES. CODE §51.302 and subject them to sanctions provided therein. ARTICLE VI. ASSIGNMENTS 6.01. A. Grantee shall not assign the premises or the rights granted herein, in whole or part, to any third party for any purpose without prior written consent of the STATE, which consent may not be unreasonably withheld. For purposes of this Section 6.01 A, the phrase "third party" shall not include any subsidiary or affiliate in which Grantee ME800236 4 CUSTOMER ID: C000000881 ME PL PSF l2 28 201 Ldoc jfielder owns, respectively, at least a majority percentage, or the largest plurality percentage, voting interest. B. Grantee may assign this Agreement without STATE's consent to (a) a parent entity, (b) any affiliate of Grantee controlled by the same parent entity, or (c) any subsidiary or affiliate in which Grantee owns, respectively, at least a majority percentage, or the Iargest plurality percentage, voting interest, provided that, in any of the foregoing events, (i) the resulting entity agrees in writing to assume and perform all of the terms and conditions of this Agreement, and (ii) Grantee provides notice to STATE of any such assignment within thirty (30) days of such assignment. In the event of such assignment, it is understood and agreed by both Grantee and STATE that the original Grantee remains liable to STATE under all terms and provisions of the Agreement. C. Any assignment which fails to comply with the foregoing provisions shall be void and of no effect. D. This provision and the prohibition against unauthorized assignments contained herein shall survive expiration or earlier termination of this Agreement. For purposes of this Agreement, an assignment is any transfer, including by operation of law, to another of all or part of the property, interest or rights herein granted. ARTICLE VII. PROTECTION OF NATURAL AND HISTORICAL RESOURCES 7.01. With regard to all activities authorized herein, Grantee shall use all reasonable best efforts to: (i) prevent pollution of air, ground, and water in and around the Premises, and (ii) to protect and preserve natural resources and wildlife habitat. Grantee shall comply with all applicable rules and regulations of the General Land Office, the School Land Board, and other governmental agencies responsible for the protection and preservation of public lands and waters, natural resources, and wildlife habitat. In the event of a pipeline incident that is reportable to the U.S. Department of Transportation, the General Land Office, or the Railroad Commission of Texas (or any other applicable regulatory agency) that may result in pollution of the Premises or adjacent property, Grantee shall notify the STATE immediately upon discovery of such incident, use all means reasonably available to recapture any pollutants which have escaped or may escape, and mitigate for any and all natural resource damages caused thereby. 7.02. GRANTEE IS HEREBY EXPRESSLY NOTIFIED OF THE NATIONAL HISTORICAL PRESERVATION ACT OF 1966, (PB- 89 -66, 80 STAT. 915,16 U.S.C.A. SECTION 470, ET. SEQ.) AND THE ANTIQUITIES CODE, [TITLE 9, CHAPTER 191, TEX. NAT. RES. CODE[. IN CONFORMANCE WITH THESE LAWS, IN THE EVENT THAT ANY SITE, FOUNDATION, BUILDING, STRUCTURE, LOCATION, OBJECT, ARTIFACT, ITEM OR OTHER FEATURE OF ARCHEOLOGICAL, SCIENTIFIC, EDUCATIONAL, CULTURAL OR HISTORIC INTEREST IS ENCOUNTERED DURING THE ACTIVITIES AUTHORIZED BY THIS EASEMENT, GRANTEE SHALL IMMEDIATELY CEASE ANY AND ALL ACTIVITIES, AND NOTIFY THE COMMISSIONER OF THE GENERAL LAND OFFICE AND THE TEXAS HISTORICAL COMMISSION, PO BOX 12276, AUSTIN, TEXAS 78711, SO THAT APPROPRIATE ACTION MAY BE UNDERTAKEN TO PROTECT OR RECOVER SUCH DISCOVERIES OR FINDINGS, AS APPROPRIATE. IN THE EVENT THAT GRANTEE IS REQUIRED TO CEASE ACTIVITIES, THE STATE SHALL NOT BE LIABLE FOR ANY COSTS OF GRANTEE„ GRANTEE'S AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR ANY OTHER PERSON OR ENTITY AS A RESULT OF ANY INTERRUPTION OF GRANTEE'S ACTIVITIES OR INABILITY TO USE THE PREMISES AS HEREIN CONTEMPLATED. ARTICLE VIII. INDEMNITY 8.01. TO THE EXTENT PERMITTED BY LAW, GRANTEE SHALL BE FULLY LIABLE AND RESPONSIBLE FOR ANY DAMAGE, OF ANY NATURE, ARISING OR RESULTING FROM OR ATTRIBUTABLE TO GRANTEE'S USE GRANTED HEREIN OR THE ACTS OR OMISSIONS OF GRANTEE, ITS AGENTS OR CONTRACTORS RELATED TO GRANTEE'S EXERCISE OF THE RIGHTS GRANTED HEREIN. GRANTEE AGREES TO AND SHALL INDEMNIFY AND HOLD THE STATE, THE STATE'S OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST CLAIMS, SUIT, COSTS, LIABILITY OR DAMAGES OF ANY KIND, INCLUDING STRICT LIABILITY CLAIMS, COSTS OF COURT, ATTORNEY'S FEES AND COSTS OF INVESTIGATION OR EXPERTS, WITHOUT LIMIT AND WITHOUT REGARD TO CAUSE OF THE DAMAGE OR THE NEGLIGENCE OF ANY PARTY, (EXCEPT TO THE EXTENT OF THE PROPORTIONATE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE STATE, THE STATE'S OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS) ME800236 5 CUSTOMER 1D: C000000881 ME PI. PSF_12 28 201 l.doc jfelder ARISING DIRECTLY OR INDIRECTLY FROM OR ATTRIBUTABLE TO GRANTEE'S USE OF THE PREMISES (INCLUDING ANY ADJACENT OR CONTIGUOUS LAND) OR FROM ANY BREACH BY GRANTEE OF THE TERMS, COVENANTS OR CONDITIONS CONTAINED HEREIN. THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. ARTICLE 1X. DEFAULT, TERMINATION AND EXPIRATION 9.01 If, within thirty (30) days after receipt of written notice from the STATE specifying an act of default or breach, Grantee fails to pay any money due hereunder or continues in breach of any term or condition of this Agreement, the STATE shall have the right to terminate this Agreement and all rights inuring to Grantee herein. Should Grantee fail to cure the specified default or breach within the allowed thirty (30) day period, this Agreement shall be subject to termination, and upon such termination all rights granted herein to Grantee shall revert to the STATE. Such termination shall not prejudice the rights of the STATE to collect any money due or to seek recovery on any claim arising hereunder. 9.02. Except as otherwise provided by applicable law or rule and subject to obtaining necessary approval from state or federal agencies having applicable jurisdiction, or making best efforts to obtain such permits, Grantee shall, within one hundred twenty (120) days from the date of expiration or sooner termination of this Agreement, initiate removal of all personal property, structures, and the Improvements, and shall restore the Premises (and any other property affected by such removal activities) to the same condition that existed before Grantee entered thereon. Such removal and restoration activities shall be coordinated with the General Land Office in accordance with guidelines in effect at the time of removal /restoration which may include, without limitation, specific removal techniques required for protection of natural resources and mitigation or payment in lieu of mitigation for any and all damages resulting from removal activities, all of which shall be in accordance with generally accepted current pipeline industry standards using available technology. Grantee shall notify the STATE at least ten (10) days before commencing removal /restoration activities so that a General Land Office field inspector may be present. ARTICLE X. NOTICE 10.01. Any notice which may or shall be given under the terms of this Agreement shall be in writing and shall be either delivered by hand, by facsimile, or sent by United States first class mail, adequate postage prepaid, if for the STATE to Deputy Commissioner, Professional Services, addressed to his attention, 1700 North Congress Avenue, Austin, Texas 78701 -1495, FAX: (512) 463 -5304, and if for Grantee, to it at PO Box 9277, Corpus Christi, TX 78469 -9277, and FAX. (361) 826 -3501. Any party's address may be changed from time to time by such party by giving notice as provided above, except that the Premises may not be used by Grantee as the sole notice address. No change of address of either party shall be binding on the other party until notice of such change of address is given as herein provided. 10.02. For purposes of the calculation of various time periods referred to in this Agreement, notice delivered by hand shall be deemed received when delivered to the place for giving notice to a party referred to above. Notice mailed in the manner provided above shall be deemed completed upon the earlier to occur of (i) actual receipt as indicated on the signed return receipt, or (ii) three (3) days after posting as herein provided. ARTICLE XI. INFORMATIONAL REQUIREMENTS 11.01. A. For newly constructed pipelines, Grantee shall submit to the STATE, within one hundred eighty (180) days following installation or construction of the Improvements authorized in this Agreement, an "as- built" survey and field notes prepared by a surveyor duly licensed by the State of Texas. The as -built survey shall be conducted in accordance with the STATE's survey requirements attached hereto as Exhibit C. Failure or refusal by Grantee to timely provide the as -built survey when due hereunder and the continuance of such failure for thirty (30) consecutive days after the receipt of the STATE's written notice to Grantee specifying such failure may be treated as a default by Grantee hereunder and the STATE may, in addition to any other remedy and in the STATE's sole discretion, ME800236 6 CUSTOMER ID: C000000881 ME PL PSF_12 28 2011. doc jfidder terminate this Agreement and require removal of any personal property and the Improvements located on the Premises in accordance with Section 9.02 of this Agreement. B. Upon receipt of the as -built survey, prepared in accordance with this Section 11.01, the STATE shall compare the as -built survey with the proposed location of the Improvements, as represented by Grantee's application to the STATE and set forth in Section 2.01 (and referenced Exhibits) hereof. If there are changes or discrepancies in the location of the hnprovements authorized by this Agreement, the STATE may either terminate this Agreement, or: (i) upon determination that the changed location results in unacceptable adverse impacts, require relocation of the Improvements to conform to the authorized right of way, or (ii) upon determination of no unacceptable adverse impacts, agree to replace Exhibit B attached hereto with a substitute exhibit denoted as Exhibit B -1. The substitute exhibit shall be consistent with the as -built survey and signed by both parties. Upon attachment of Exhibit B -1 hereto, Exhibit B shall be void and of no further effect. C. If all or any pant of the Improvements are buried, Grantee shall submit to the STATE, within one hundred eighty (180) days following installation or construction of the Improvements, a survey which includes coordinates, or at STATE's option, "depth of cover" data, prepared by a surveyor duly licensed by the State of Texas. The survey shall be conducted in accordance with the STATE's survey requirements attached hereto as Exhibit C. Failure or refusal by Grantee to timely provide the survey when due hereunder and the continuance of such failure for thirty (30) consecutive days after the receipt of the STATE's written notice to Grantee specifying such failure may be treated as a default by Grantee hereunder and the STATE may, in addition to any other remedy and in the STATE's sole discretion, terminate this Agreement and require removal of any personal property and the Improvements located on the Premises in accordance with Section 9.02 of this Agreement. 11.02. A. Grantee shall provide written notice to the STATE of any change in Grantee's name, address, or legal status (from a corporate entity to a partnership, etc.) and any change to other information required by this Agreement within thirty (30) days of the effective date of the change. B. Grantee shall provide to the STATE any other information reasonably requested by the STATE in writing within thirty (30) days following such request. C. If any information required to be submitted within a certain time under the terms of this Agreement shall not be received by the STATE on or before ten (10) days after the date when due, after notice to Grantee and opportunity to cure, then, at STATE's discretion, Grantee may be required to pay the STATE a "Late Charge" not to exceed One Hundred Dollars ($100.00) for each day so past due until the date on which the information is received or the Agreement is terminated, 11.03. Except with regard to initial construction /installation of the Improvements and emergencies, prior to conducting any activities at the Premises which may materially impact natural resources in or around the Premises, Grantee shall provide written notice to the STATE describing the proposed activities in detail and any procedures which will be used to protect natural resources. Such notice shall be provided by Grantee to the STATE at least sixty (60) days prior to conducting re- burial activities, and at least thirty (30) days prior to conducting major repairs, modification, or other activities. Grantee acknowledges and agrees that the STATE shall have at least twenty (20) days following receipt of the notice to review the proposed activities and to impose specific conditions for conducting such activities which, in the STATE's sole determination, are necessary to protect natural resources or to mitigate for actual damages to natural resources. If the STATE has not provided notice to Grantee within twenty (20) days following receipt of Grantee's notice, the STATE is deemed to have approved, subject to the terms of this Agreement, the proposed activities to be conducted at the Premises. In case of emergencies, Grantee may undertake all actions necessary to prevent imminent injury or damage to public health, safety or welfare, and /or to protect natural resources, and Grantee shall undertake any such actions as are, in the pipeline industry, ordinary and commercially reasonable responses to such emergencies. Within twenty -four (24) hours following such emergency actions, Grantee shall provide notice to the STATE of such actions as hereinabove provided. ME800236 7 CUSTOMER n7: C000000881 ME Pl, PSF_12 28 201 l.doc jfielder ARTICLE X1I. MISCELLANEOUS PROVISIONS 12.01. With respect to terminology in this Agreement, each number (singular or plural) shall include all numbers, and each gender (male, female or neuter) shall include all genders. If any provision of this Agreement shall ever be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of the Agreement, but such other provisions shall continue in full force and effect. 12.02. The titles of the Articles in this Agreement shall have no effect and shall neither limit nor amplify the provisions of the Agreement itself. This Agreement shall be binding upon and shall accrue to the benefit of the STATE, its successors and assigns, Grantee, Grantee's successors and assigns (or heirs, executors, administrators and assigns, as the case may be); however, this clause does not constitute a consent by the STATE to any assignment by Grantee, but instead refers only to those instances in which an assignment is hereafter made in strict compliance with Article VI above, or in the case of a deceased natural person grantee, refers to the instances previously referred to in this sentence and also circumstances in which title to Grantee's interest under this Agreement passes, after the demise of Grantee, pursuant to Grantee's will or the laws of intestate succession. The words "hereof," "herein," "hereunder," "hereinafter" and the like refer to this entire instrument, not just to the specific article, section or paragraph in which such words appear. 12.03. Neither tender nor acceptance of any sums payable hereunder nor failure by either party to complain of any action, non - action or default of the other shall constitute a waiver as to any breach of any covenant or condition contained herein nor a waiver of any of the rights hereunder. Waiver by the STATE of any right for any default of Grantee shall not constitute a waiver of any right for either a prior or subsequent default of the same obligation or for any prior or subsequent default of any other obligation. No right or remedy of either party hereunder or covenant, duty or obligation hereunder shall be deemed waived by the other party unless such waiver be in writing, signed by a duly authorized representative of the party. 12.04. No provision of this Agreement shall be construed in such a way as to constitute the STATE and Grantee joint venturers or co- partners or to make Grantee the agent of the STATE or make the STATE liable for the debts of Grantee. 12.05. In all instances where Grantee is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood that time is of the essence. 12.06. The terms of this Agreement shall only be binding on the STATE during the period of its ownership of the Premises, and in the event of the transfer of such ownership interest, the STATE shall thereupon be released and discharged from all covenants and obligations thereafter accruing, but such covenants and obligations shall be binding during the Agreement term upon each new owner for the duration of such owner's ownership. 12.07. All monetary obligations of the STATE and Grantee (including, without limitation, any monetary obligation for damages for any breach of the respective covenants, duties or obligations of either party hereunder) are performable exclusively in Austin, Travis County, Texas. 12.08. The obligation of Grantee to pay all Consideration and other sums hereunder provided to be paid by Grantee and the obligation of Grantee to perform Grantee's other covenants and duties under this Agreement constitute independent, unconditional obligations to be performed at all times provided for hereunder, save and except only when an abatement thereof or reduction therein is expressly provided for in this Agreement and not otherwise. Grantee waives and relinquishes all rights which Grantee might have to claim any nature of lien against; or withhold or deduct from or offset against, any Consideration or other sums provided hereunder to be paid to the STATE by Grantee. Grantee waives and relinquishes any right to assert, either as a claim or as a defense, that the STATE is bound to perform or is liable for the nonperformance of any implied covenant or implied duty of the STATE not expressly set forth in this Agreement. ME-800236 8 CUSTOMER ID: C000000881 ME PL PSF 12 28 2011.doc jfielder 12.09. Subject in all respects to Section 12.01 of this Agreement, this Agreement is and shall be subject to any applicable federal or state law, rule, order, or regulation presently or hereafter enacted or adopted to the extent, but only to the extent, that such law, rule, order, or regulation preempts or supersedes STATE's authority to issue this Agreement or to require any particular obligation of Grantee, provided, however, that in the event of a conflict between any provision of this Agreement and any administrative rule promulgated by the General Land Office and /or the School Land Board, this Agreement shall control. ARTICLE XIII. RECORDING 13.01. Grantee shall, at its sole cost and expense, record this Agreement in the Nucces County Real Property Records and provide a file marked copy to the STATE within 60 days after the recorded original of this Agreement is returned by the county clerk responsible for such records. ARTICLE XIV. ENTIRE AGREEMENT 14.01. This instrument, including exhibits, constitutes the entire agreement between the STATE and Grantee and no prior written, or prior or contemporaneous oral promises, warranties or representations shall be binding. This Agreement shall not be amended, changed, altered, or extended except by written instrument signed by all parties hereto. 14.02. This Agreement shall become effective only upon execution by all parties hereto and delivery of a frilly executed counterpart to each party. ME800236 9 CUSTOMER 117: C000000881 MC PL PSF_12 28 201 Ldoc jfielder IN TESTIMONY WHEREOF, witness our hands and the seal of the General Land Office. GRANTOR: THE STATE OF TEXAS GRANTEE: CITY OF CORPUS CHRISTI By: By- JERRY E. PATTERSON Commissioner, General Land Office (Printed Name) Title: Date: Date: ACKNOWLEDGMENT STATE OF § COUNTY OF § This instrument was acknowledged before me on the by 1his (locunient) NolmySlunip day of Notary Public, State of My commission expires: (Nolftly Signalln v) MES00236 10 CUSTOMER ID: 0000000881 ME 11L PSF-12 28 201 Ldoc jfielder 141 IK 4 '. W 1-0 " bu :1 mer"M if I.m"A General Easement I R NOAl lf 4 11P S- C(,$,y 1 hjht (C :lo 10 1 L'Xi Guilt. 1.11 t,f ill Ciflit.v, L,RI 0 1 11TH '�f4 Exhibit B ME800236 SURVEY PLAT Page I of 2 N N RAw camiffirs SMAN - r h f aamr � s�zt en��cem f / `-J a t 4 i p s POINT or c �r 4ii fmMIN ff 9 Y >�r Nom, sr � 1 � r as 3 �'or A er WIMO E �° E:r J,90AVrA43 RUSSELL Q �GHS O �•.oq0 5241 aP`:'Q- � er1� �dtir Np StlRy�' Qo Paolaary 4y t � ] 0 -1 C XkVg DATA1 a -2 LX7F3kV6 DATA: FiIAiU9 r ?,HC�.er sAtnu9 330.Ox txmTA R 34°00'66' De]_TA �pi�t W&V LiEhXrF H 700.64' L M43TH 620.24' TM OBW +* 315ZI 3' TANGENY . aafO 701 • i. FiLM"l1 D. Dohs, Majaet —ad PPO40ssionez Lend BtrVa rya Leer- e�byy� trppy�pppti„c r MAP atmcFec, r the � 1 urxlar my dlSfeiiL200 Trite tM'�pi�. -aaY d 2002 A a- .. f� SoMe rn Feet (,�• 3000 0 5000 u oor�s 9twtA or rvKae Lia [3.241 SD' WADE WATERUNR RA$EAdENT CITY of CORPUS CHRISTI, TEXAS LENGTH = 18,646.42 FT. (f,130.08 )7ODS) OMBt r SL{TE Or nM& p1�ja9r fJe817t of Eh9(+ 6'lon Si"'MC&4 NA" Slrvey AtyislaT askv d m Foot bid& Wtwlbw &Lwa rt out of SUN Treats 'L r'W, 2V '44' S4 Wd V4: AbM0 &final La"O In AU-3 Lau-ty, Tox" Arco : RV 12OW ormso BY I RO UN q7( VINATM WN" hEREW AFC TVd49 STAW FLAl�It SOUrN TQFE L7,aC'iSed ey ! 04.W4 !gi?BAX "A$ Pen orry 4: cWtO Cmis "b.WiTLOL Prate 8541714 ' HI&R MA1EA PriA4E'CT Bp0.3Y.1 NSAP}f�S8t6NJeyllgArOSS6fL1� Exhibit B ME800236 SURVEY PLAT Page 2 of 2 Laguna Madre Water Crosslag 30' Waterline Easement STATE OF TEXAS COUNTY OF M7ECES BRING a 30 Foot Wide Waterline Easement, l5 feet on either side of the line as constructed at the location winch follOW, Out Of State Tracts " 16 , 28 , "29"'"44'? , 51, and "61 ", Public Sebool Lauri in Nueces County, Texas, This Tract being more particularly described by metes and bounds as follows. BF,GINNING at a Point in State Tract 16, Public School Lands in Nuocc9 Cotu3ty, ( Centerline End Coordinate - N 17,126,235.34', S 1,378,583.46', Tom. State Plane Coordinate System, Texas South Zone #4205, NAD83(1986); TIWNt E S64°52'O1 "E through Statc Tract "16 ", Public School sand in Nuems County, Texas, a distance of 909,25' to a Point at tho beginning of a circular curve to the lout, (Centerline Coordinate a N 17,125,849.16', E 1,379,406.62', Texas State Plane Coordinate System, Texas South Zone #4205, NAD83(1986); T=NCT through Siate'i:racts "16" and "28", Public School Land in Nucces County, Texas, an along said circular curve to the left having a Radius of 2,86493, a Central tom gl e Coordinate , N Arc Length of 700.84', and a Tangent Distance of 352.18' to a Point, es 17,125,631.68', E 1,380,071.03', Texas State Plano Coordinate System, Texas South Zone 94205, NAD83(1986); THMCF, S78 °5391 "E through State Tracts "28" and "29 ", Public School land in Mecca County, Texas, a distance of 4,817.93' to a Point at the beginning of a circular curve to the right, (Centerline Coordinate - N 17,124,702.76', E 1,384,798.56', Texas State Plane Coordinate System, Texas South Zone #4205, NAD83(1986); TMNC)& through State Traots "29" and "44", Public School Laud in Nucces County, 12°58 Texas, aong said circular curve to the right hawing a Radius of 2,336.02, a Central Angle an Are Length of529.24', and a Tangent Distance of 265.76' to a Point, (Centeftc Cooronnate N 17,124,543.02',131,385,301.94', Texas State Plane Cow'dinste System, Texas #4205, NAD83(1986); TIMCE S65 °54110 "E through State Tracts "44", "5 i ", and "61 ", Public School land in Nueoes County, Texas, a distance of 11,689.16, to a point in said State Tract "6t ", (Centerline End Coordinate b N 17,119,770.49', E 1,395,972.43', Texas State Plane Coordinate System, Texas South Zone 04205, NAD83(1986); Bearings are with reference to the Texas State Plane Coordinate System — Texas South Zone #4205, NAD83(1986). State of Texas County of Nueees 1, Russell Ochs, a Registemd Professional Land Surveyor, hereby certify that the foregoing field notes were prepared -by me from asbuilts of record and a land survey made on the ground under my direction. This the 30' day of September, 2002. Re IN ,RU ...... D. OCFES Russell D. Ochs 59-41 Stato of Texas License No. 5,241 Exhibit C Instructions For Preparing Exhibits MES00236 For The Following General Land Office Application: Miscellaneous Easements (Pipeline) Maps (or plats) showing the location of proposed and as -built projects on state -owned lands are required as part of the General Land Office (GLO) application process. The following instructions are to be followed when applying for new work (proposed project), or for reporting as -built conditions for a previously approved project, when the activity is a Miscellaneous Easement (Pipeline/Right-of-Way) on state land. The information specified below represents minimum requirements of the GLO; additional information may be requested on a project -by- project basis to facilitate a full evaluation of the proposed activity. The information should be submitted along with the required application form and processing fees. Each map or plat must conform to the specifications contained herein. An application is not considered complete, and processing of the application will not be initiated, until all information requested has been submitted and GLO staff has determined that it is adequate. NOTE: Surveys and survey plats required by other entities, Federal, State, County and/or City, are PERMISSIBLE and USABLE for GLO applications provided they meet the following requirements. IF SUBMITTING SURVEY PLATS DIGITALLY, PLEASE PROVIDE THE INFORMATION IN ONE OF THE FOLLOWING FORMATS: 1. In an ESRI format (i.e. Shape file, E00, or Geodatabase) 2. AutoDesk Map 6 or earlier version in a DWG format. 3. And Projection Information of the data set submitted. A. GENERAL INSTRUCTIONS FOR ALL APPLICATIONS: 1. Each map or plat should be 8 -112" x 1 l ". 2. A one -inch margin should be left at the top edge of each sheet for binding purposes. 3. Any shading used to identify specific areas must be reproducible by ordinary copy machines. 4. Each map or plat submitted must have a title block identifying, at a minimum: (a) applicant name; (b) applicant address; (c) project name; (d) date of preparation; (e) name of preparer, and (f) project location as follows: (1) if on state -owned uplands, then provide county, survey name (original grantee) and, as applicable, survey or section number, block number, township number, subdivision name, lot or tract number, and abstract number; (2) if on submerged land, then provide county name, waterbody name, and state tract number. 5. The scale for each map or plat must be clearly indicated both digitally and by graphic scale. 6. Vicinity Maps -- Exhibit A for each project application must be a Vicinity Map showing the general location of the proposed work. The Vicinity Map must be produced using a U.S.G.S. 7.5- minute topographic map, a Texas Department of Transportation County Road Map, or navigation chart as its base layer. The project location should be indicated by a prominent arrow on the map. An 8 112" x 11" Xerox copy from the original Topo, county map, or navigation chart showing the project location is sufficient. It is not necessary to submit the entire Topo or county map, so long as the map is appropriately identified as to the origin of the base information (e.g., name, and date of base map information used). This is most easily accomplished by copying the legend of the base map and making it part of the Vicinity Map. 7. Project Site Map -- Exhibit B for each project application should be a Project Site Map (in Survey Plat format) which provides specific project location information. The Project Site Map should be produced at sufficient scale and detail to enable field inspectors to locate the project on the ground with minimal difficulty. Demographic features such as road numbers, stream names, railroad crossings, corporate city limits, and other prominent locative features should be included on the Project Site Map. The project location should be indicated by a prominent arrow on the map and a North arrow must be provided. Annotation may be included on the map regarding distance of the project from known points (e.g., highway intersections, road stream crossings, etc.). Additional requirements for preparing Project Site Maps are provided in Section B of this document. 8. Detailed Project Plan -- Exhibit C for each project application should be a Detailed Project Plan, consisting of an aerial plan - view drawing and a cross - sectional drawing of all proposed or existing structures on state -owned lands at the project site. Page 1 of the Detailed Project Plan should contain, at a minimum: a. Location of the shoreline or banks if the project is on or adjacent to tidally influenced waters or crosses a state -owned river, stream, creek, or bayou. b. The direction of ebb and flow if in or adjacent to tidal waters, or the direction of water flow if the project crosses a river, creek, stream, or bayou. c. A North arrow. d. The location of state tract lines (on tidally influenced lands), survey lines, or property lines, as applicable. e. The location of any marshes, submerged grass flats, oyster reefs, mud or sand flats, or other sensitive natural /cultural resources known to exist in the project area. f. The lines of mean high water and mean low water when applicable. g. The Detailed Project Plan cross - sectional drawing must include notation as to the outside diameter (OD) of all pipelines covered by the easement, and the relationship of the pipeline(s) to any other pipeline(s) in the immediate vicinity. h. The registration, easement, or lease numbers for any structures at the site previously authorized by the GLO (available from GLO field offices upon request). i. Any applicable Corps of Engineers application numbers covering the proposed work, as soon as that application number is available, but, in any event, prior to issuance of the easement. Page 2 of the Detailed Project Plan should contain, as applicable, an explanation of construction methodology, techniques, and equipment that will be used at the site. 9. As -Built Survey -- A survey showing the depth of burial must be furnished for all projects on state -owned tidally influenced lands (Gulf of Mexico, bays, estuaries, etc.), crossings of state -owned rivers /streams /creeks/bayous. The survey shall show plan view only for projects on state -owned upland tracts. Failure to provide this information is, by terms of the state contract, grounds for termination of the easement and removal of the structure from state -owned land. New Pipeline Installations; Each application for installation of a new pipeline must include with the application a profile drawing showing the proposed depth of burial at not fewer than 36" below the surface. GLO will issue an easement using the proposed ROW and depth of burial information. Following installation of the pipeline, however, the applicant is required by terms of the GLO contract to provide a survey of actual burial depth measurements for that portion of the ROW length occupying state -owned land. The spacing between depth -of- burial measurement points is a function of the length of ROW. If the easement length is less than 500 feet, the depth of cover of the structure and waterway bottom elevation shall be determined at intervals not to exceed 50 feet. If the easement length is greater than 500 feet but less than 5,000 feet the interval between measurement points shall be 100 feet. Easements greater than 5,000 feet in length shall be surveyed at 250 -foot intervals. All work shall be performed under the supervision of, and sealed by, a registered professional land surveyor. All submitted drawings must be sealed by the supervising registered public land surveyor. All elevations must be referenced to a common datum (Mean Sea Level, National Geodetic Vertical Datum, Mean Low Water, etc.) and grid coordinates must reference Texas State Plane coordinate System of 1927 or 1983. The accuracy of the waterway bottom and pipeline elevations shall be +l- one -half (.5') foot for the waterway bottom and +I- one -half (0.5') foot for depth of burial less than or equal to 10 feet and +/-fifteen (15 %) percent for depth of burial greater than ten (10) feet. Manual probing and electronic means (both active and passive) of survey type shall be acceptable for depth of burial determinations. Existing Pipelines: At time of renewal of a contract for an existing underground pipeline easement, provide the data as required under Section 3.02.(iv) of this easement contract. CERTIFICATION BY A TEXAS REGISTERED PUBLIC LAND SURVEYOR IS REQUIRED ON ALL OF THE FOLLOWING WITH THE EXCEPTION OF DIRECTIONALLY DRILLED WELL BORE LOGS. B. SPECIFIC INSTRUCTIONS: Maps or Survey Plats to be submitted as the Project Site Map and /or the Detailed Project Plan (see A7 and 8 above) must contain the information described below. Upland survey data should be reported to normal boundary land surveying minimum standards, Offshore or submerged sites shall be located to a specified accuracy of +/- 5 feet of any reported location. 1. Projects located on Tidally Influenced State -owned lands (Including the Gulf of Mexico, bay tracts, and the tidally influenced portions of rivers, creeks, streams, and bayous): Coordinates must be provided at the beginning and ending points of the Rights -of -Way (ROWS) centerline, or on the principal point or points of tracts described by other means (directional well bores, etc.). These coordinates must he based on the Texas State Plane Coordinate System of 1927 or 1983. Courses and distances must be specified as either grid or geodetic for all centerlines and perimeter lines, and ties must be made from specific improvements (e.g., well heads, platforms, pilings, etc.) to a corner or corners of the lease or easement tract. All submerged state land tracts crossed by any part of the ROW must be shown and identified, and the points of each ROW crossing of a state -tract boundary identified in the Texas State Plane Coordinate System of 1927 or 1983. The distance between crossings of a state -tract boundary must be indicated in both feet and rods on the plat. As -built plats (and confirmation surveys at time of renewal) must give bearing and distance between angle points along the casement route. In the event no angle points exist along the course of the ROW, the plat shall provide a minimum of one identified point for each 1,000 feet of ROW length. A ROW less than 1,000 feet long but greater than 500 feet in length requires one mid -point to be identified on the survey plat. 2. Projects Across State -owned Upland Property, or the state -owned portion of a river, creek, stream, or bayou above the limit of tidal influence: U. Upland Tract (State Fee Lands): For new project applications, information provided for projects on state -owned upland tracts shall include the beginning and end points of the easement centerline, identified by coordinates on the Texas State Plane Coordinate System of 1927 or 1983, and shall include course and distance of all segments of the proposed easement centerline. Course and distance from one end of the easement to the nearest survey corner or subdivision survey corner shall be included, along with the survey name (original grantee), and as applicable, survey or section number, block number, township number, subdivision name, lot or tract number, and abstract number of all surveys abutting the easement. At completion of construction, or at time of renewal, an as -built plat or confirmation survey (whichever is applicable) must be submitted. This plat must give bearing and distance between angle points along the casement route. In the event no angle points exist along the course of the easement route, the plat shall provide a minimum of one identified point for each 1,000 feet of length. For casement routes, fewer than 1,000 feet long but greater than 500 feet long, one mid -point shall be identified on the survey plat. b. Crossing the State -owned portion of a river, creek, stream, or bayou above the limit of tidal influence. Information provided for projects crossing non -tidal state -owned rivers, creeks, streams, or bayous shall include an identification of the stream or water body by local and any other names known (historic, from topographic or other maps, etc.). In addition, the beginning and end points of the easement centerline, identified by coordinates on the Texas State Plane Coordinate System of 1927 or 1983, and shall include course and distance of all segments of the casement centerline. Course and distance from one end of the easement to the nearest survey corner or subdivision survey corner shall be included, along with a cross section or profile of the crossing between the top of the high banks, survey name (original grantee), and as applicable, survey or section number, block number, township number, subdivision name, lot or tract number, and abstract number of all surveys abutting the easement. 30' WATERLINE EASEMENT CITY COUNCIL EXHIBIT TEXAS GENERAL LAND OFFICE Clrr OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ME 800236 PAGE: 1 of 1 Ga 01 H AGENDA MEMORANDUM NoP ©p,EO First Reading for the City Council Meeting of January 8, 2013 1852 Second Reading for the City Council Meeting of January 15, 2013 DATE: December 28, 2012 TO: 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 Eddie Ortega, Director of Neighborhood Services eddieo @cctexas.com, (361) 826 -3044 Approval of Construction Contract for Ethel Eyerly Senior Center Expansion CAPTION: Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds; increasing revenues and expenditures by $229,464.74 each; and authorizing the City Manger or designee to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. PURPOSE: To award the construction contract for the Ethel Eyerly Senior Center Expansion project. BACKGROUND AND FINDINGS: This project consists of the remodeling of the existing center including: • Demolition of several windows, doors, frames, partitions, and CMU walls; • Removal of existing sidewalk and drain, concrete curb ramp, and landscape as needed for entry modification; • Remodeling of existing restrooms in the center to add two stalls. This will allow the restrooms to be upgraded to full ADA accessibility standards and accommodate heavy customer usage; • New entrance and canopy including new concrete entry and walkway and ADA accessible curb ramp; • Addition of office space and remodeling of two offices; • HVAC work associated with the restroom and office remodeling including removal and replacement of ductwork; • Site work necessary to accommodate the restroom addition; and • Improvement to existing corridor fire rating including: smoke seals on all existing corridor doors; new doors and windows with required fire rating. The addition shall include the following sitework: site clearing and stripping; concrete sidewalks, termite control; cast -in -place concrete; concrete slab on grade; There was one additive alternate. Additive Bid Alternate included: • Replacing the HVAC system for the entire existing building; • Additional room remodeling including removal of kitchen cabinets and refinishing. On October 10, 2012, the City received proposals from four (4) bidders and their bids are as follows: Contractor Base Bid Add Alt #1 Total Base Bid Plus Add Alt #1 Henock Construction, LLC. San Antonio, TX $255,636.00 $136,656.00 $392,292.00 LNV, Inc. Corpus Christi, TX $273,000.00 $144,200.00 $417,200.00 Safenet Services, LLC. Corpus Christi, TX $292,125.00 $140,580.00 $432,705.00 Barcom Construction, Inc. Corpus Christi, TX $320,420.00 $154,000.00 $474,420.00 ALTERNATIVES: 1. Award Project to Henock Construction, LLC. for the base bid as recommended (without Additive Alternate 1). 2. Do not award contract (Not Recommended) OTHER CONSIDERATIONS: There are only enough CDBG funds to complete the Base Bid. The City will seek additional CDBG funding for Additive Alternate 1 and subsequent phases of the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY2012 -2013 Capital Budget; Consistent with the Comprehensive Plan: Policy Statements (pp 48 -50); Recreation and Open Space Master Plan (2012) EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Neighborhood Services 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 $45,000.00 $55,000.00 $0.00 $100,000.00 Additional CDBG Funds $229,464.74 $229,464.74 Remaining Bond 2004 $13,466.66 $13,466.66 Encumbered / Expended Amount $45,000.00 $45,000.00 This item $255,636.00 $255,636.00 Future Anticipated Items $42,295.40 $42,295.40 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Community Development Block Grant (CDBG); Fund 1059 Comments: This project is primarily funded through Community Development Block Grant (CDBG) proceeds with nominal funding coming from Bond 2004 Park Bond Fund Interest proceeds. RECOMMENDATION: City Staff recommend the approval of a Construction Contract with Henock Construction, LLC. of San Antonio, Texas for the Ethel Eyerly Senior Center Expansion project in the amount of $255,636.00 for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PROJECT BUDGET Ethel Eyerly Senior Center Expansion Project No. E11126 January 15, 2013 FUNDS AVAILABLE: CDBG Funds (FY 2012) CDBG Funds (FY 2011) Fund Remaining Joe Garza Roofing Project (FY 2010) Bond 2004 Remaining Proceeds TOTAL AVAILABLE: Amount $ 188,895.00 $ 100,000.00 $ 40,569.74 $ 13,466.66 $ 342,931.40 FUNDS REQUIRED: Construction (Henock Construction) Base Bid only ............... ............................... $ 255,636.00 Contingencies ( 7. 5%) ...................................................... ............................... 20,450.88 Consultant Fees: Consultant - Design (Chuck Anastos Associates, LLC.) .......... ............................... Consultant - Asbestos Inspection (Terracon Consultants, Inc.) . ............................... Construction Materials Testing ( Estimate) ............................ ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ... ............................... Engineering Services (Project Mgt) .................................... ............................... Finance Reimbursements ................................................ ............................... Misc. (Printing, Advertising, etc.) ........................................ ............................... TOTAL 45,000.00 1,950.00 2,000.00 6,390.90 6,390.90 3,834.54 1,278.18 $ 342,931.40 Balance Remaining .................................................... ............................... $ - N z w Y HWY 44 councilexhibits \exhL 1 1 11b. ArUECES BAY �S 4'1 MFR shA z s Q Q � o w o 0 3 � Y q � Z J q 0 z z 0 0 3 Y 0 ,GNES CCIR FV 43 PROJECT #E11126 "141116 010 PROJECT SITE FM 2444 LOCATION MAP NOT TO SCALE COR P US CHRIS71 B.gly NAS -%I DRE Ethel Eyerly CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Senior tenter Expansion PAGE: 1 of 1 _ _ 1 11 ...... Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds; increasing revenues and expenditures by $229,464.74 each; and authorizing the City Manger or designee to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds. SECTION 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is further amended to increase revenues and expenditures by $229,464.74 each. SECTION 3. The City Manger or designee is authorized to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of Nelda Martinez Mayor uw O N � � � 00 O 4 16.4 V O U � �, I C) O 4-j tt 0 a) 0 a) 0 Ak ri E Ln 0 E cu Cl- (n C'4 cu of U LU I C) O 4-j tt I WU E /qz I I t k /Zz U) U) w m 01<0 Op , zz ig W x WJ 0 a) 0 a) 0 Ak ri E .0 4-- 0 E cu Cl- (n C'4 cu of 0 C\l 0 0 LL -0— a) 0 4-0 o 0 o m 6< -2 O)w of C) c 'a 0 -,-" 0 con C. a) ) (D 06 o a) LL "0 (D U) E 0 5 < 0 0 E a) .0 0 -a --" C: 0 -0 cu C: 0 < 4 -- 0 a) (D C: < a) < 06 06 a) — 0 C) Z , E 0 C: >, a) 0 a) -a cm C: m CU (D c: U) a) X 771 x w cu 0 LU (D 4— C.) 0 3: U) C: 0 4- "e C: (D 0 '�e U) 0 0 Z; • (D M 0 C: 0 E (D : 76 -0 0 UJ 0 > 0 a) a) E E c: q 0 OWZ<M: 0 0-05 E00 I WU E /qz I I t k /Zz U) U) w m 01<0 Op , zz ig W x WJ 00 Ak ri ct� Cl- I WU E /qz I I t k /Zz U) U) w m 01<0 Op , zz ig W x WJ z z Lu co x .8 �0 z C\l ri LL HY z z Lu co x .8 �0 z C\l # W r� U V L U 4� O co r-I O N 0 N cd cd 4-� O Q Q cd U rd Ste" v CL) O cd �' U a o ° 00 Cl) rU, � O Q U O � U U � Q O o U 1 U U Q"' a U co tT l L Q Q U W # W r� U V L U 4� O co r-I O N 0 N cd cd 4-� O Q Q cd U rd Ste" v CL) O cd �' U a o ° 00 Cl) rU, � O Q U O � U U � Q O o U 1 U U Q"' a U co hC) V M� I+1 U CO ^C 1� c 0 U) c ca Q x Lu (D L N Cr) r � O NN W C) L6 L O v 2z i, U CU N O cB L n w N L w p ( a cz, p O O } O O O 00 O O O N L O O Q O IT O U W hC) V M� I+1 U CO ^C 1� c 0 U) c ca Q x Lu (D L N Cr) r � O NN W C) L6 L O v 2z i, U CU N O cB L n w N L w p ( a cz, p O O IRT O O O 00 O O O N O O O I- O IT O 00 O O O L Lo O O O ' Ti O O O O V O O 0 0 M C7 LO O LO O O Cl) 00 O LO "T O O .. J O O O 00 C) 00 O O C7 N Ln 0 Ln C ICS 00 O � 04 "T M N M O E O N O a ta ta v). ta c U 01). ta Kil U ui .. J cu O N O c U N N 0 OV .. CU a m Q CU 0) a� E o ~ LJJ O U CU O Q U N O U Q ON ON J 0 O J O �_ W j � 0 m m w 0 a) �? Q LPL LPL O N � iii 0-0 ca J .� .� c N J j = a) N cn 0= w cn Q c c > o co) o aa) Q Q U N 0= 0= cu U i LL LL N O N J L J C) H E Z m m : Z LL C) C) LL CO LL C) C) C) C) C) C) 0 m Kil 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 8, 2013 852 Second Reading for the City Council Meeting of January 29, 2013 DATE: December 19, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Renewal of Lease for the Antonio E. Garcia Arts Center CAPTION: Ordinance authorizing the City Manager, or his designee to execute a ten -year Lease Agreement with South Texas Institute for the Arts for the use of an approximately 1.37 acre tract including improvements located near intersection of Agnes Street at 18th Street, to be used to operate the Antonio E. Garcia Arts & Education Center; providing for severance; and providing for publication. PURPOSE: The Parks and Recreation Department seeks approval to enter into a ten (10) year lease agreement with South Texas Institute for the Arts (STIA) D /B /A Art Museum of South Texas for the Antonio E. Garcia Arts and Education Center, located at 2021 Agnes, near the intersection of Agnes Street and 18th Street. There is a $1.00 per year lease payment for the use of this facility. BACKGROUND AND FINDINGS: The Antonio E. Garcia Arts & Education Center is currently leased by the South Texas Institute for the Arts (STIA) to operate a community center in conjunction with Texas A &M Corpus Christi. Programming efforts include the promotion of education, inspiration and aesthetic enrichment of the local and regional culture. ALTERNATIVES: Do not approve the lease. OTHER CONSIDERATIONS: STIA will be responsible for maintenance of the facility up to $5,000 annually. City will assume responsibility for all other repairs and maintenance subject to the availability of City funds through the annual City budget process. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager or his designee to execute the necessary documents to allow for a five -year lease agreement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal Department 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 0.00 Encumbered / Expended Amount This item 0.00 BALANCE 0.00 Fund(s): Comments: This item will not have any impact on budget. RECOMMENDATION: Staff recommends approving the lease agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing the City Manager, or designee, to execute a ten -year Lease Agreement with South Texas Institute for the Arts for the use of an approximately 1.37 acre tract including improvements located near intersection of Agnes Street at 18th Street, to be used to operate the Antonio E. Garcia Arts & Education Center; providing for severance; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or his designee, is authorized to execute a ten -year Lease Agreement with South Texas Institute for the Arts for the use of an approximately 1.37 acre tract including improvements located near intersection of Agnes Street at 18t Street, to be used to operate the Antonio E. Garcia Arts & Education Center. A copy of the contract shall be filed with the City Secretary's Office. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Nelda Martinez Mayor LEASE WITH SOUTH TEXAS INSTITUTE FOR THE ARTS D /B /A ART MUSEUM OF SOUTH TEXAS FOR THE ANTONIO E. GARCIA ARTS & EDUCATION CENTER THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS ("City") is the owner of real property located along Agnes Street as described and shown on the attached Exhibit A and All improvements located or which may be constructed on the above described lots "Improvements ", collectively "Facilities "; and WHEREAS, the South Texas Institute for the Arts d /b /a Art Museum of South Texas (the "Lessee ") desires to lease the Facilities to continue its programming efforts at the Antonio E. Garcia Arts & Education Center to benefit the citizens of the City of Corpus Christi; NOW, THEREFORE, In consideration of the foregoing and the mutual promises herein contained, the City and Lessee agree as follows: I. USE The City does hereby lease, let, and demise to Lessee the Facilities, and all Improvements located or to be located thereon f or the consideration, and such other consideration as provided by this Lease, of one dollar ($1.00) per year due and payable o n January 1, 2013 and payable on that same date each succeeding year of the Lease, the receipt of which is hereby acknowledged. II. TERM The term of this Lease shall be effective sixty -one (61) days after final Council approval and continue for ten (10) years, subject to the provisions concerning termination as stated herein. Thereafter, this Lease shall continue on a month -to -month extension on the same terms and conditions subject to thirty ( 30 ) days notice of termination by either party. When the term takes effect, the Facilities shall be deemed continuously leased as of September 5, 2012, under the terms and conditions of the previous lease agreement. - 1 - III. PURPOSE Lessee-shall operate the Facilities exclusively for the following purposes, and uses incidental thereto: To further the primary objective of the Act as outlined in 24 CFR 570.200 (a) (2) and to serve as a depository of cultural materials and a cultural art center to promote the education, inspiration and aesthetic enrichment of the local and regional culture of all people with emphasis on enriching the low and moderate income residents at all times in accordance with Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations and all local, state, and federal requirements and laws. IV. FURNISHING BUILDING (FACILITIES) It is understood that Lessee will be responsible for furnishing and equipping the Facilities and that City has no obligation to furnish nor insure any equipment or furnishings for the Lessee. All personal property furnished by Lessee or donated by others on behalf of Lessee will remain the property of Lessee unless specifically donated to City. Lessee shall be responsible to insure its equipment and furnishings at the Facilities. It is understood that Community Development Block Grant funding or other funds may occasionally become available to allow for additional improvements at the Facilities. City staff shall coordinate with Lessee prior to construction of any improvements to provide for minimal disruption to Lessee. kTl�.� P.A0 0V1 .11 alm During each year for the term of this Lease, Lessee will maintain, at its sole expense, the exterior and interior of the Facilities and any other improvements on the property, including without limitation all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all lawn, vegetation and landscaping, not to exceed Lessee's annual maintenance budget of Five Thousand Dollars ($5,000.00). Maintenance shall be of such quality as to maintain the Facilities in a first -class condition. However, Lessee is not responsible for any ground conditions related to use prior to the effective date of this agreement. City shall be responsible for all other maintenance and repairs to the Facilities, subject to availability of City funds through the annual City budget process. However, this provision regarding City maintenance of the Facilities is subject to revision by the City at any time. Lessee shall obtain, at its own expense, all utility services, garbage collection, janitorial services, and similar services. -- 2 -- VI. INFORMATION, RECORDS, REPORTS AND DOCUMENTATION. Upon request from City Director of Parks and Recreation, Lessee shall provide City Director or designee with access to documents or other records of Lessee to confirm that Facilities are being used for the purposes intended under Article III Purpose. VII. INDEMNIFICATION Lessee agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments, recovered from or asserted against City on account of injury or damage to persons or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence or misconduct on the part of City, its officers, employees, or agents, ( "Indemnitees ") and on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, entering upon the Facilities pursuant to this Lease Agreement with the express or implied invitation or permission of Lessee, or when any such injury or damage is the result of a proximate or remote violation by Indemnitees, Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the Improvements being constructed at the Facilities herein or out of the use or occupancy of the Improvements to the Facilities or the Facilities themselves by Indemni.tees, Lessee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including without limitation, any damages or costs which may occur as a result of: the design of the Improvements to the Facilities, the bidding process, actual construction . of the Improvements to the Facilities, administration of the construction contracts by the City or its designee, failure of the Improvements to the Facilities prior to completion and acceptance of the Improvements by City and Lessee jointly, failure of the Improvements of the Facilities to work as designed, failure of the Contractor or manufacturer to honor its warranties or failure to maintain the Improvements to the Facilities or the Facilities themselves. These terms of indemnification shall be effective whether such injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees; but not if such damage or injury may result from gross negligence or willful misconduct of Indemnitees. - 3 - Lessee covenants and agrees that, in case City shall be made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease Agreement, Lessee shall and will pay all costs and expenses, including reasonable attorney's fees and court costs incurred by or imposed upon City by virtue of such litigation. VIII. COMPLIANCE WITH LAWS Lessee agrees that, in operation of the Facilities and all programs offered by Lessee at the Facilities, it will promptly comply with and fulfill all laws, ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to the Facilities and all programs offered by Lessee at the Facilities, and all ordinances or regulations imposed by the City for the correction, prevention and abatement of nuisances or code violations in or connected with the Facilities during the term of this Lease, at Lessee's sole expense and cost. IX. TERMINATION Either party may terminate this Lease as of the last day of any month upon thirty (30) days prior written notice, so long as all provisions of this Lease providing responsibilities in the event of termination are complied with. X. PARKING. As additional consideration for the Lease, Lessee shall make the parking lots available on the Property available for general public use. XI. NON - DISCRIMINATION Lessee shall not discriminate nor permit discrimination against any person or group of person, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by law. X11. BREACH OF LEASE No assent, express or implied, by the City to any breach of any of Lessee's covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or term hereof. XIII. RIGHT TO ENTER AND INSPECT - 4 - The City reserves the right to enter the Facilities at any reasonable time during the term of this Lease for the purpose of inspecting the same in order to determine whether the terms and conditions of this Lease are being observed and carried out, including but not limited to, both exterior and interior maintenance. XIV. INSURANCE City shall maintain property insurance on the Facilities. The City's property insurance program provides coverage against perils including; fire, flood, collapse, windstorm and associated elements including wind driven rain and hail. In addition, the City's property insurance program provides coverage from named storms. Lessee shall acquire and maintain insurance as described on the attached Exhibit A. XV. DEFAULTS Upon thirty days prior written notice to Lessee, the City may, at its option, in addition to any other remedy or right hereunder or by law, terminate this Lease upon occurrence of any of the following conditions ( "Defaults "), provided that Lessee has not cured the Default prior to termination: 1) Failure to operate the Facilities for the purposes set forth in Paragraph III except during the periods necessary for repairs or renovation approved by the City in writing or except as otherwise contemplated by this Lease. 2) Failure to maintain Facilities and grounds. 3) Failure to abate any nuisance specified in writing by the City within a reasonable time specified in writing by the City. 4) Failure to comply with any term of this Lease. 5) Failure to have in effect policies of general liability insurance, workers' compensation insurance, and property insurance as required by the City Manager. 6) Dissolution of Lessee as a nonprofit corporation. 7) Abandonment of the Facilities for thirty (30) days. 8) Failure of Lessee to correct any other breach in the performance - 5 - or observance of any other covenant or condition of this Lease. Upon termination of this Lease as herein above provided, or pursuant to statute, or by summary proceedings or otherwise, the City may enter forthwith and resume possession either by summary proceedings, or by action at law or in equity or by force or otherwise, as the City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to the City are, and shall be deemed to be, cumulative of any other rights of the City under-law, and the exercise of one shall not be deemed to be an election, and the failure of the City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other or future time. XVI. MODIFICATION Modifications to this Lease shall not be effective unless signed by a duly authorized representative of all parties hereto. Modifications which do not change the essential scope and purpose of the Lease may be approved on behalf of the City by the City Manager. XVII. PUBLICATION Lessee agrees to pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter. XVIII. TERMINATION NOTICE Lessee acknowledges and understands that if it is unable to carry out the terms of this Lease, this Lease is null and void. Lessee agrees to execute a Termination Agreement setting out the reasons for the termination, and in the case of partial termination, the portion of the Lease to be terminated. Either party may terminate this Lease as of the last day of any month upon thirty (30) days prior written notice containing the same information as required in the above described Termination Agreement to the other party. Notice shall be deemed to have been given upon deposit in U. S. Certified Mail properly stamped and addressed for delivery to: City of Corpus Christi P. 0. Box 977 Corpus Christi, Texas 78469 -9277 Attn: Director of Parks and Recreation South Texas Institute for the Arts 1902 N. Shoreline Blvd. Corpus Christi, Texas 78401 6 - Attn: Director XIX. TAXES Lessee shall pay any ad valorem taxes associated with the Facilities which may be levied during the term of this Lease or any extension hereof. Lessee shall not voluntarily create, cause, or allow to be created, any debts, liens, mortgages, charges, or other encumbrances against the Facilities. Lessee shall from time to time, duly pay and discharge or cause to be discharged or to be paid, when the same becomes due, all taxes, assessments, and other government charges which are lawfully imposed upon the Facilities and which, if unpaid, may by law, become a lien or encumbrance upon such Facilities and thereby impair or otherwise adversely affect the holding of such Facilities for the use set out in this Lease. XX. GENERAL PROVISIONS A. No Liability. In no event shall the City be liable for any contracts made by or entered into by Lessee with any other person, firm, corporation, association, or governmental body. B. Nonassignment. Lessee shall not assign, mortgage, pledge, or transfer this Agreement or any interest in the Facilities without prior written consent of the City. C. Nonexclusive Services. Nothing herein shall be construed as prohibiting Lessee from entering into contracts with additional parties for the performance of services similar or identical to those enumerated herein, and nothing herein shall be construed as prohibiting Lessee from receiving compensation therefore from such additional parties, provided that all other terms of this Lease are fulfilled. D. Hours of Operation. Facilities shall be operated so as to be open for use by the general public during all normal hours of operation. E. Jurisdiction and Validity. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this Lease shall be held invalid or unconstitutional by final judgment o f a court o f competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work or provision thereof be given full, force and effect for its purpose. The laws of the State of Texas shall apply to any dispute arising hereunder. Venue shall lie in Corpus Christi, Nueces County, Texas, where this Lease was entered into and shall be performed. SIGNED, this day of , 2012. - 7 - ATTEST: Armando Chapa City Secretary SOUTH TEXAS INSTITUTE FOR THE ARTS i Jos ph A. Schenk, Director CITY OF CORPUS CHRISTI Ronald L. Olson City Manager 8 EXHIBIT ANTONIO E. GARCIA EDUCATION CENTER - LEASE TRACT .S.TA.T.E OF TEXAS COUNTY OF NUECES OXING a tract.of land :catitalnlp$1.37 Aureal (59,570 SQ.FT) of land -out of a Portion PfLot 14, Me* 4, L• awnview Atmewas 3reorded.in Volannhe 67t Page •86; Lots 2.4 aisd it pa rtion', oftot 5, Black 5, La:wnv qw- 'bl dd1t1ojk ids reeordad to Volume A., Page 113;, anatl a portion 0i 1110ok 9, Home PIaadt: Addiiff on ai reeprded In VoluimteAtTaxe 14 oftbe Map Records OfTCtuepsa Vt aty, Twv. Thin 1 ,37 Acre tract be109.mtira Particularly degorlOod. by notes and hounds as followws: BEODWO at a Found 518" Iran Rod with Plaado Cap atampW "City of Corpwa Christi, 'Coxes" at the northeast purser O t:13, 010k 4, lAwnvilow Annex.as tecordeo in volume 67, Page 96 of the Map Records ofteocs County, Texas; THENCE SMOTO "W stony% the north Wundary thke of said Lot 15, a dXataua$ of 137.1 -5' to a Foimd 518" non Rod rwlfh Pladlo Cap stamped'Utyof Corpuk Chlisti,, Texas" ,. being the.aouthwest comor of this tract, T11R1+1CR- N0rW00'1W along the easlerlyAight -of way lino of 9i iteenth.skeet g distance of 660 to A Fogad 518" Iron Rod with Plastic Cop stamped "City ofeo prus Chriaati, trexav, being au angle point of this tray; i F THENCE N090'0050"W continft along the sesterly tightyof wad► lute ofEiphtecnth Street it disuime -of 12$,1'9' to a Found Drill Hole 4n conorcte at the bagiatning of sa p rQUIV curve to - •theta; THENCE along said curve having a Ridius of 10.40', 4n Ato Un i of 16.95', and a 09rd ofN39°26'35" B at distance of 14.90'to a Fouad 6017 Nail on tho southoAy side of Apes Street; THENCE NOV00'00 "E• along the southearly side of Agnes Street a distande of 283.3 -1' to a Fquatd Ddlk Hoke, beiug an angle point oftbis tract; THENCE S67"50'49EB oontiai ulng alo%tho southetlyE aide ofAgiaoal Stroet.aa d14tabou of 7.88 to w Set.518", IMU Rod with V astiss Cop stapod "O-k of Corpus QdW. Texas ", being the northeast corner of two hoot; THENCE S02 °011'0[1"13 along tho eaas'to'rly side-of a T wide Alloy as shown on plat of the Rome Place Addition As Neordod it3 Volmno A, Page 14 of the Map RaQprds of Micces County, Texas, a distance of102,14'to•a Set 518" Roe 11od withVlastfp Cap stamped "City of Corpus Christi, Texas ", being the southomt turner of this tvact; •4 TURKS SSg°ODW' W diroiish. said Ubme Plao AMtiob and Lot 14, Lavmview Annex, a distanoo of 147.33to The POINT AND PLACE 0F'R9GMMG snd containing 1:37 .Aom of land. Dearings aro with re#brenra to North Bouudary Line of IMs 2.5,21oek 5, Lawoiew Addition as recxuded in.Volum A., page 13 of %a Map R000rds ofRucoes Cpunty,.Texas. StAte of •t'1iYpg •County of Nueces 1s R.assell Oft.a Reglotelred Profragional hattd. Surveyor for the City of0prpua Ckrlati, hereby art 01. r that tho foregolog fibld Motes Nero prepared fey me ftom -a land apmoyimdo on tho gmund- tmdbr ruq diwiion. Th tho Ina slay of January, 2069, Rua44111?. Ochs1= fi Sta'i- of ` vxos Uoenw Na, 5,241 ,aT O • 'I" "i131ti1; 4,UCME� i vo v A lug i II � bJ ca Ili :� t AF ■u■ ` ����'; �(,3� •l'1 1 li @� 3 s PIS it I K�. r•+ w 1 A N Y � n @� 3 s PIS it I K�. EXHIBIT B INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee shall not commence business under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. B. Lessee shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability and Business Automobile Liability policies, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by Bodily injury and Property Damage policy endorsement(s) Per Occurrence 1 aggregate $500,000 Per Occurrence Commercial General Liability including: $1,000,000 Aggregate 1. Broad Form 2. Premises — Operations 3. Products /Completed Operations Hazard 4. Contractual Liability S. Broad Form Property Damage 6. Independent Contractors BUSINESS AUTOMOBILE LIABILITY $500,000 Combined Single Limit 1. Owned 2. Hired & Non -owned WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' { If Lessee has paid employees.) COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT. $500,0001$500,0001$500,000 EMPLOYER'S LIABILITY Fine Arts Floater For Any Visiting Art Collection To cover replacement value of Exhibit Property Insurance Coverage To cover permanent collections. C. In the event of accidents of any kind related to this project, Lessee shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. If Lessee has paid employees, Lessee 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. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessee's right to maintain reasonable - 10 - deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax 4 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide an d maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to discontinue sales hereunder, until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. - 11 - 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 8, 2013 1852 Second Reading Ordinance for the City Council Meeting of January 15, 2013 DATE: December 18, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2604 Accepting and appropriating an Impaired Driving Mobilization grant from the Texas Department of Transportation (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 $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67 and appropriating $19,977.68 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a special Impaired Driving Mobilization STEP for the periods of Spring Break March 8 — March 17, 2013, Independence Day June 28 — July 7, 2013, and Labor Day August 16 — Sept 2, 2013. The grant places overtime officers across the City with various hours of operation. The goal of the grant is to make 66 DWI arrests during this time period. The grant has been awarded to the department for the past 7 years. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance OMB 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 $8,004.99 $8,004.99 Encumbered / Expended Amount This item $19,977.68 $19,977.68 BALANCE $27,982.67 $27,98 Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document 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 $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67; and Appropriating the $19,977.68 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 $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67. SECTION 2. That $19,977.68 grant is appropriated in the No. 1061 Police Grants Fund to continue Impaired Driving Mobilization grant in the Police Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Ed Organization Name: City of Corpus Christi - Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: ID: 2013- CorpusPD -IDM -00023 Period: 10/01/2012 to 09/30/2013 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2013. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.601 CFDA Title: Alcohol Traffic Safety and Drunk Driving Prevention Incentive Grants Funding Source: Section 410 DUNS: 069457786 Project Title-STEP - Impaired Driving Mobilization Project Description -To conduct DWI enforcement Waves during holiday periods to increase DWI arrests and earned media activity as part of the statewide "Drink. Drive. Go To Jail" campaign and in conjunction with the national Impaired Driving Mobilization campaign Grant Period: This Grant becomes effective on 10/01/2012 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2013 unless terminated or otherwise modified. Total Awarded: $27,982.67 Amount Eligible for Reimbursement: $19,977.68 Match Amount: $8,004.99 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE City of Corpus Christi [Authorized Signature] THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission [District Engineer Texas Department of Transportation] [Name] [Name] [Title] [Title] Date: Date: Under the authority of Ordinance or Resolution Number (for local government): (If Applicable) [Resolution Number] Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of compliance. ARTICLE 2. STANDARD ASSURANCES The Subgrantee assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR Part 18; 49 CFR Part 19 (OMB [Office of Management and Budget] Circular A -110); 49 CFR Part 225 (OMB Circular A -87); OMB Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Department's Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and 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 application, including all understandings and assurances contained in the application, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide any additional information that may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulations, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any federal requirements that the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where that insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise that person. This prohibition shall not apply to the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B of this Article. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. 2. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants), prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. 3. Any overrun of more than five (5) percent of the amount eligible for reimbursement (TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. 4. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi unless this Grant Agreement is amended, as described in Article 5 of this agreement. 5. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory B, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the five (5) percent flexibility, with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this agreement is further governed by one of the following cost principles, as appropriate, outlined in: 1. OMB Circular A -21, Cost Principles for Educational Institutions; 2. 49 CFR Part 225 (OMB Circular A -87), Cost Principles for State, Local, and Indian Tribal Governments; or, 3. OMB Circular A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this agreement within forty -five (45) days of the end of the grant period. H. Payments are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial agreement period. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred under this agreement is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall notify the Subgrantee, giving notice of intent to terminate this agreement, as specified in Article 11 of this agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK A. If the Subgrantee is of the opinion that any assigned work is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants. If the Department finds that such work does constitute additional work, the Department shall advise the Subgrantee and a written amendment to this agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. B. If the Subgrantee has submitted work in accordance with the terms of this agreement but the Department requests changes to the completed work or parts of the work which involve changes to the original scope of services or character of work under this agreement, the Subgrantee shall make those revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. C. If the Subgrantee submits work that does not comply with the terms of this agreement, the Department shall instruct the Subgrantee to make any revisions that are necessary to bring the work into compliance with this agreement. No additional compensation shall be paid for this work. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi D. The Subgrantee shall make revisions to the work authorized in this agreement that are necessary to correct errors or omissions, when required to do so by the Department. No additional compensation shall be paid for this work. E. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING A. Not later than thirty (30) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short -term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. B. The performance report will include, as a minimum: (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. C. The Subgrantee shall promptly advise the Department in writing, through eGrants, of events that will have a significant impact upon this agreement, including: Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. D. The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30) days after completion of the grant. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed under this 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi agreement (called the "Records "), and shall make the Records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain the Records for four (4) years from the date of final payment under this agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the Records. This right of access is not limited to the four (4) year period but shall last as long as the Records are retained. ARTICLE 9. INDEMNIFICATION A. To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. B. To the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries to or death of any employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. C. If the Subgrantee is a government entity, both parties to this agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This agreement supercedes any prior oral or written agreements. If a conflict arises between this agreement and the Traffic Safety Program Manual, this agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of work under this agreement. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi A. This agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described in this agreement and these have been accepted by the Department, unless: 1. This agreement is terminated in writing with the mutual consent of both parties; or 2. There is a written thirty (30) day notice by either party; or 3. The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. B. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement that are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK A. The Department and, when federal funds are involved, the USDOT, or any of their authorized representatives, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this agreement and the premises in which it is being performed. B. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in a manner that will not unduly delay the work. ARTICLE 13. AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. ARTICLE 14. SUBCONTRACTS A subcontract in excess of $25,000 may not be executed by the Subgrantee without prior written concurrence by the Department. Subcontracts in excess of $25,000 shall 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi contain all applicable terms and conditions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. ARTICLE 15. GRATUITIES A. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. B. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES A. The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this agreement, or will be able to obtain such personnel from sources other than the Department. B. All employees of the Subgrantee shall have the knowledge and experience that will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi becomes detrimental to the work, shall immediately be removed from association with the project. C. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own procurement and property management procedures, provided that the procedures are not in conflict with (1) the Department's procurement and property management standards and (2) the federal procurement and property management standards provided by: A. 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or B. 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any databases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of the other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this agreement without written consent of the Department through eGrants. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Part 200; and 41 CFR, Parts 60 -74, as they may be amended periodically (called the "Regulations "). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with the Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall certify that to the Department or the USDOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this agreement, the Department shall impose such sanctions as it or the USDOT may determine to be appropriate. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take any action with respect to any subcontract or procurement that the Department may direct as a means of enforcing those provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Subgrantee shall adopt, in its totality, the Department's federally approved DBE program. C. The Subgrantee shall set an appropriate DBE goal consistent with the Department's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Subgrantee shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Subgrantee shall follow all other parts of the Department's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity and attachments found at web address tt: / /txot.ov /business /business outreach/ ou.tm. E. The Subgrantee shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subgrantee shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in award and administration of USDOT- assisted contracts. The Department's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subgrantee of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Subgrantee signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi The contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. ARTICLE 24. DEBARMENT and SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within the three (3) year period preceding this agreement 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 federal, state, or local public 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; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within the three (3) year period preceding this agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, the Subgrantee shall attach an explanation to this agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Subgrantee certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal 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 party to this agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Subgrantee certifies that the individual or business entity named in this agreement is not ineligible to receive the specified grant, loan, or payment and acknowledges that this agreement may be terminated and payment may be withheld if this certification is inaccurate. If the above certification is shown to be false, the Subgrantee is liable to the state for attorney's fees and any other damages provided by law or the agreement. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Code, as part of a court - supervised effort to improve earnings and child support payments. ARTICLE 27. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REQUIREMENTS A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://edocket.access.gpo.gov/201O/ f/2 1 -2 7 5.p f and tt : //e ocket.access.gpa._ ov /2010 /p f /2010- 22706.p f. B. The Subgrantee agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web -site whose address is: https://wv,/w.bpn.gov/ccr/default.as ' 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D &B) on -line registration website http://fedgov.dnb.com/webform, and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. ARTICLE 28. SINGLE AUDIT REPORT A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98 -502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. B. If threshold expenditures of $500,000 or more are met during the Subgrantee's fiscal year, the Subgrantee must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 East 11 th Street, Austin, TX 78701 or contact TxDOT's Audit Office at httK)://www.txdot.aov/contact us /auit.tm. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi C. If expenditures are less than $500,000 during the Subgrantee's fiscal year, the Subgrantee must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the project remains open for federal funding expenditures, the Subgrantee will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives and performance measures of this Grant Agreement by implementing all activities in the Action Plan. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 (Compensation) and Article 7 (Reporting and Monitoring) of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and schedule for the following quarter's work. 2. The project director or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants), prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. F. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have written Department district approval for travel and related expenses if outside of the Department district's boundaries. G. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. H. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or an activity already supported by local or state funds. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented during the grant year. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi J. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. K. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. L. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. M. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. N. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. O. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. P. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. Q. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration /International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at .uckleutexas.com. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: 1. review of periodic reports 2. physical inspection of project records and supporting documentation 3. telephone conversations 4. a -mails and letters 5. quarterly review meetings 6. eGrants B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: 1. Ascertain whether or not the project objectives were met 2. Review project accomplishments (performance measures completed, targets achieved) 3. Document any progress towards self- sufficiency 4. Account for any approved Program Income earned and expended 5. Identify exemplary performance or best practices 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Goals and Strategies Goal: To increase effective enforcement and adjudication of traffic safety - related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety - related laws. Increase public education and information campaigns. Goal: To reduce the number of DWI - related crashes, injuries, and fatalities Strategy: Increase enforcement of DWI laws. X I agree to the above goals and strategies. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Law Enforcement Objective /Performance Measure 1. Number and type citations /arrests to be issued under STEP a. Number of DWI arrests to be made during the Christmas /New Year's DWI 0 Operation b. Number of DWI arrests to be made during the Spring Break DWI Operation 22 c. Number of DWI arrests to be made during the Independence Day DWI Operation 22 d. Number of DWI arrests to be made during the Labor Day DWI Operation 22 2. Total Number of Enforcement Hours for Entire Grant Period 448 Step Indicator 2.65 Note: Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a peace officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. In addition to the STEP enforcement activities, the subgrantee must maintain baseline non -STEP funded citation and arrest activity due to the prohibition of supplanting. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi PI &E Objective /Performance Measure 1. Complete administrative and general grant requirements a. Number of Performance Reports to be submitted 3 b. Number of Requests for Reimbursement to be submitted 3 2. Support Grant efforts with a public information and education (PI &E) program a. Conduct a minimum of one (1) presentation for each DWI operation period 3 b. Conduct a minimum of two (2) media exposures (e.g., news conferences, news 6 releases, and interviews) for each DWI Operation period. c. Conduct a minimum of one (1) community event (e.g., health fair, traffic safety 1 booth) during the grant period d. Produce the following number of public information and education materials if 0 applicable. e. Distribute the following number of public information and education materials if 0 applicable. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Budget Summary Budget Category TxDOT Match Total Category I - Labor Costs (100) Salaries $19,977.68 $0 $19,977.68 (200) Fringe Benefits $0 $4,484.99 $4,484.99 Category I Sub-Total $19,977.68 $4,484.99 $24,462.67 Category 11 - Other Direct Costs (300) Travel $0 $3,520.00 $3,520.00 (400) Equipment $0 $0 $0 (500) Supplies $0 $0 $0 (600) Contractual 1 Services $0 $0 $0 (700) Other Miscellaneous $0 $0 $0 Category 11 Sub-Total $0 $3,520.00 $3,520.00 Total Direct Costs $19,977.68 $8,004.99 $27,982.67 Category III - Indirect Costs (800) Indirect Cost Rate $0 $0 $0 Summary Total Labor Costs $19,977.68 $4,484.99 $24,462.67 Total Direct Costs $0 $3,520.00 $3,520.00 Total Indirect Costs $0 $0 $0 Grand Total $19,977.68 $8,004.99 $27,982.67 1 Fund Sources 71.39% 28.61% 2013-Co rpusPD- I DM-00023 Printed On- 12/19/2012 City of Corpus Christi Operational Plan X I agree to the following Comments: Site Description Jurisdiction Wide Conduct focussed DWI saturation patrols within high risk locations during times when alcohol - related crashes are most frequent Conduct a minimum of 4 nights of DWI enforcement during each holiday period Conduct pre and post earned media activities for each holiday period Christmas /New Year's Wave Pre -Media December 18, 2012 - December 20, 2012 Campaign Enforcement Period December 21, 2012- January 1, 2013 Post -Media Campaign January 5, 2013 - January 7, 2013 Spring Break Wave Pre -Media March 5, 2013 - March 7, 2013 Campaign Enforcement Period March 8, 2013 - March 17, 2013 Post -Media March 21, 2013 - March 23, 2013 Campaign Independence Day Wave Pre -Media June 25, 2013 - June 27, 2013 2013- CorpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi Campaign Enforcement Period June 28, 2013 - July 7, 2013 Post -Media Campaign July 11, 2013 - July 13, 2013 Labor Day Crackdown Pre -Media Campaign August 13, 2013 - August 15, 2013 Enforcement Period August 16, 2013 - September 2, 2013 Post -Media Campaign September 6, 2013 - September 8, 2013 Description of Activities Pre -Media Efforts Conduct local media events immediately before the enforcement effort Before Enforcement to maximize the visibility of enforcement to the public. The media Periods: events tell the public when, where, how and why impaired driving laws are being enforced. Enforcement Intensify enforcement through coordinated saturation patrols in an Periods: overtime STEP placing primary emphasis on increasing DWI arrests and reducing the number of alcohol related traffic crashes during peak holiday traffic. Post -Media Efforts Conduct local media events to tell the public why impaired driving laws After Enforcement are important and the results Periods: of the mobilization. 2013- Co rpusPD -IDM -00023 Printed On: 12/19/2012 City of Corpus Christi City of Corpus Christi 2013 - Co rpusPD -IDM -00023 Printed On: 12/19/2012 2013 - Co rpusPD -IDM -00023 Printed On: 12/19/2012 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 8, 2013 852 Second Reading Ordinance for the City Council Meeting of January 15, 2013 DATE: November 9, 2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health annetter@cctexas.com 361- 826 -7203 Program Income FY 12 -13 Appropriation of Funds CAPTION: Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. PURPOSE: The Program Income Funding allows the Health District to be used to supplement local funds for public health services which help with supplies, minor equipment, contractual services, training and computer equipment. BACKGROUND AND FINDINGS: The Corpus Christi - Nueces County Public Health District receives funding from the Department of State Health Services (DSHS) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned during the State fiscal year (September 1- August 31) must be spent during that year or returned to the State. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Planned expenditures for FY 12 -13 include supplies, minor equipment, contractual services, training and computer equipment. ALTERNATIVES: Unused funds must be returned to the State. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for appropriation of program income funds. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: x Operating x 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 $763,000 $763,000 BALANCE $763,000 $763, 000 Fund(s): Program Income Comments: No fiscal impact to General Fund. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Page 1 of 2 Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Estimated program income revenue in the amount of $763,000 is appropriated in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. 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 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor M O �I O O O O M M O O O O Ff3 Ff3 O O O O O O Ff3 Ff3 O O O O M M Ff3 Ff3 O O Ff3 Ff3 O O O O Ff3 Ff3 O O O O O O Ff3 Ff3 O O O O ;, 3 1;1 3 N 3 C ' 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 0 0 0 ' 0 0 0 0 0 0 I ' O' O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O N O 0 O O O M Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 Ff3 O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �y M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O O O O O O O 0 O O 0 0 0 0 0 0 0 0 O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O N � O M 60 o0 0 �o�oo 0 0 0 3~ N v rl O M H O O O O O O O O O 0 O O 0 0 0 0 0 0 O O O O O O 0 0 0 0 0 0 0 0 N A � � M 60 O O O O O O O O O O O O O O O •� O I••I O O O 00 00 O O O O O O O O O O O O O O O O O O O O O 00 0 0 0 0 0 0 0 O O O M •�' � M a > d0 ct U O ccz W . U N m N cC cC N N . "`,� 'O cC O N n N cz a cC N rii rii 'O `ti KJ cz 'C O cz ti Y cz U O 4.1 tti ty i.-I i.-I i.-I i.-I N U cC cC U cz rx c'7 U U U w w O a H a H W H a H O U F-� Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl Vl O O O O M M O O O O Ff3 Ff3 O O O O O O Ff3 Ff3 O O O O M M Ff3 Ff3 O O Ff3 Ff3 O O O O Ff3 Ff3 O O O O O O Ff3 Ff3 O O O O ;, 3 1;1 3 N 3 C AGENDA MEMORANDUM � pia First Reading Ordinance for the City Council Meeting of January 8, 2013 zs Second Reading for the City Council Meeting of January 15, 2013 DATE: December 20, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Development Services MarkVV @cctexas.com (361) 826 -3246 UTILITY EASEMENT CLOSURE Abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2. CAPTION: Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: Gregory and Nancy Graves (Owners) are requesting the abandonment and vacation of a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, located north of Catalina Place and west of Santa Fe Street. The abandonment and vacation of the utility easement is requested in order to accommodate the future development of the subject property. Staff recommends payment of the fair market value be waived because the Owners' dedicated 5 -foot wide by 20 -foot long utility easement is no longer needed by the City for any public utility purpose, the easement does not contain any public improvements, and an alternate dedicated public utility easement exists on the Owners' property. Staff has determined that this utility easement no longer serves a purpose. Also, the existing 5 -foot wide utility easement is disproportionate to the existing 10 -foot wide utility easement at the rear of Lots 17 and 18. The Owners have been advised of and concur with the conditions of the easement abandonment and vacation. The Owners must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49 -13. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Nx 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 approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Fair market value is waived because the Owners' dedicated 5 -foot wide by 20 -foot long utility easement is no longer needed by the City for any public utility purpose, the easement does not contain any public improvements, and an alternate dedicated public utility easement exists on the Owners' property. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. WHEREAS, Gregory and Nancy Graves ( "Owners ") are requesting the abandonment and vacation of a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, located north of Catalina Place and west of Santa Fe Street, to accommodate the future development of the subject property; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, January 8, 2013, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the 5 -foot wide by 20 -foot long utility easement, subject to the provisions in this ordinance included below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to the request of Gregory and Nancy Graves ( "Owners "), a 5 -foot wide by 20 -foot long utility easement, totaling 100 square feet, out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, located north of Catalina Place and west of Santa Fe Street, as recorded in Volume 11, Page 46, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ( "City "), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A" which is a metes and bounds description, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entirety. Section 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Fair market value is waived because the Owners' dedicated 5 -foot wide by 20 -foot long utility easement is no longer needed by the City for any public utility purpose, the easement does not contain any public improvements, and an alternate dedicated public utility easement exists on the Owners' property. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the permitting of any construction on the affected property, the Owners must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor STATE OF TEXAS COUNTY OF NUECES EXHIBIT A Field Notes of a 5'x 20' existing easement to be closed out of lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, as shown on a map recorded in Volume 11, Page 46, Map Records Nueces County, Texas. Said 5'x 20' easement being more particularly described as follows: COMMENCING at a point for the common north corner of Lot 16 and Lot 17, THENCE with the north line of Lot 17 along an curve to the right with a radius of 2205.10 feet, and a radius point that bears North 28 °56'29" West, a distance of 2205.10 feet, an arc distance of 47.50 feet to a point in the north line of Lot 17 and also being in the centerline of an existing 10' utility easement, THENCE South 27° 10' l 1" East, a distance of 5.00 feet to a point for the northeast corner of this easement and the POINT OF BEGINNING. THENCE South 270 10' 11" East, a distance of 20.00 feet to a point for the southeast comer of this easement. THENCE South 62 °20'38" West, a distance of 5.00 feet to a point for the southwest comer of this easement. THENCE North 270 1011 " East, a distance of 20.00 feet to a point for the northwest comer of this easement. THENCE with south line of an existing utility easement having a curve to the left running parallel to the north line of Lot 17, a distance of 5.00 feet to the POINT of BEGINNING of this easement, and containing 100 square feet of land, more or less. Notes: 1.) Bearings are based on recorded plat of Lamar Park Subdivision. 2.) A Map of equal date accompanies this Metes and Bounds description. 1, Ronald E. Brister do hereby certify that this survey of the easement legally described herein was not made from an on the ground survey and is correct to the best of my knowledge and belief. // r R &&& Ronald rister, RPLS No. 5407 Date: October 09, 2012. Job No. 12872 � r SURVEY OF A Y X 2D' EASEMENT TO BE CLOSED OUT OF LOTS 17 AND 18, BLOCK 8, LAMAR PARK SUBDMSION SECTION 2, AS SHOWN ON A MAP RECORDED IN VOLUME 11, PAGE 46, MAP RECORDS NUECES COUNTY, TEXAS SCALE P = 30' z LOT10,1,=t LOT11,BLK8 l L4MAR 1AM"I?ARK LOT12,xxs 4 VOL I1 VOL 11, P. 45 LAMAR PARK I M.RN M.R.N.C.T Vol. 11'p.46 ' M.R.N.cr L -m a Tm-m I ---- - - - °- - - - - -- ---- - -_r_- 5.0 ElasTmras U.e P.ae. 479 lz No ses2ose•w sm �n�AS� �P R P R �IAR K LAMAR PPARK LAMAR K 1AR PARK Brister Surveying 4659 EYCA a Sella 100 Cmpo C dIU, Tams 70411 OE7861- 50.1800 F04614150.1401 e,lsla„aN�a�a�mv,.c�m� EXHIBIT B CATAU NA PLACE 50' RIGHT OF WAY 1DTC4 y=&SURVEM ARHAIS 100 SOUAREFEh7 'a I,�A811RBD8E U'US ARE WED ON tBCOSD1 D FIAT. DS SWEY DOES NOT INCLUDE TBE iMSEMCR,I4VIs511GAMON, OR LOCATIONS OF alSRMTUDGS, EASERMCS, RIGHTOF WAYS. IR UTDXiM ON THIS PROPERTY. ,RONALD B. ERUMDD HBMY CERTIFY 7iAT11R4 SURVEY OF THE BASRbff=LEGALL1 )WCRWlOHERM WAS NOTMADE FROMAN INTMUFLOUND SURVEY AND ISCORRECf TO ,IM BB7OF MY KNOWLEDGE AND 8ELB3F. l euawr nxle 4LTOBER 09, 2022 1013 NO, 12872 RORAIMRBR]STER R.P.LS. NO. 5407 0 AGENDA MEMORANDUM First Reading for City Council Meeting of January 8, 2013 1852 Second Reading for City Council Meeting of February 15, 2013 DATE: December 27, 2012 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289 -0171 ext. 1213 Authorizing the execution of a Ground Lease with FDL — CC, LLC to lease land from the City of Corpus Christi at the Corpus Christi International Airport for the development of a facility to be occupied initially by the Department of Homeland Security, the United States Coast Guard, and Customs and Border Protection. CAPTION: Authorizing the City Manager or designee to execute a Ground Lease with FDL — CC, LLC to lease land from the City of Corpus Christi at the Corpus Christi International Airport ( "Airport ") for the development of a facility to be occupied initially by the Department of Homeland Security, the United States Coast Guard, and Customs and Border Protection ( "Project "), to be located on land at the Airport, which Project will be subleased by FDL — CC, LLC to the General Services Administration ( "Government- Tenant "). PURPOSE: The purpose of this project is to consolidate the operations of the USCG that are currently divided between Naval Air Station (NAS) Corpus Christi and offices in Downtown Corpus Christi. BACKGROUND AND FINDINGS: The United States Coast Guard (USCG) Corpus Christi Sector currently occupies hangar space at NAS Corpus Christi, and office space at Tower II, 555 N. Carancahua, Corpus Christi, TX, under a lease, which expires November 30, 2015. Elements of Customs and Border Protection also currently occupy hangar space at NAS Corpus Christi. The USCG has submitted a request and justification to occupy space in a new USCG Sector Headquarters complex that will be constructed at Airport. The General Services Administration (GSA) is anticipated to propose a new lease of approximately 140,000 to 180,000 rentable square feet (rsf) of space and approximately 221 parking spaces for the Department of Homeland Security, USCG and Customs and Border Protection at the Airport. The proposed USCG Sector Headquarters complex is anticipated to be comprised of three structures: a two or three -story command and control building of approximately 40,000 to 58,000 rsf; a two -story hangar building of approximately 100,000 to 114,000 rsf; and a one -story ground support building of approximately 5,000 to 8,000 rsf. The current USCG hangar location at NAS Corpus Christi delays response times for both personnel and USCG aircraft operations. Response times are slowed by distance to personnel berthing areas and the need to stop traffic, open a gate, and cross a road in order to move aircraft from the hangar to the runway. The proximity of the current 60 -year old hangar facility to the seawall subjects their aircraft and the facility to excessive corrosion. The current facility's hangar deck space is insufficient to accommodate the anticipated new USCG aircraft. Without relocation to the new Sector complex the anticipated new aircraft would have to alternate staying outside in the corrosive environment adjacent to the seawall. The mission and operational readiness of USCG Corpus Christi Sector and their new aircraft will dependent on the construction and relocation to the new complex at the Airport. The Airport provides advantages in both maintenance and operation requirements. The Airport is located approximately eleven miles inland and will remove aircraft from the current excessive corrosive environment, significantly reducing aircraft maintenance costs. The proposed hangar /berthing arrangement at the Airport will reduce time for stand -by flight crews' and the hangar's proximity to runway will significantly improve aircraft operations. GSA will be negotiating an assignable ground lease that is anticipated to encompass 10 to 23 acres of land at the Airport. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: Pending release of GSA Request for Lease Proposal (RLP) CONFORMITY TO CITY POLICY: (Includes Master Plans, Financial Plans, Strategic Plans, Land Use Plans, IT Plans, etc.) EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: - Airport Advisory Board - Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ground Lease Coast Guard Proiect Term Sheet Corpus Christi City Council January 8, 2013 The City of Corpus Christi (City) desires to enter into a binding Ground Lease (with incorporated Development Agreement) ( "Lease ") with FDL — CC, LLC ( "Stonewater ") for the development, financing, and management of a United States Coast Guard (USCG) facility to be located on land at the Corpus Christi International Airport (CRP). Under the terms of the Lease, Stonewater shall negotiate the terms, fund, design, construct, and provide ongoing management services for a General Services Administration ( "GSA ") specified facility for the USCG at CRP. Stonewater would assume all financial and development risk on the project and provide an annual payment to the City during the term of the Agreement. The facility would revert to the City at the expiration of the Agreement with no further obligation to Stonewater. It is the desire of the City and Stonewater to reach agreement on the following basic business terms and to use these basic business terms as the foundation of the Lease. Per City Charter, the Lease would have an expected execution date of 60 days after its 2nd reading by City Council. Business Term Proposal 1. Contract Term 20 years, plus four - five (5) year (Lease, Section 3) options by Tenant. Adequate notice and joint marketing clauses provided. 2. Premises, Base Rent and USCG The site shall be comprised of Rental Payments approximately 7 -23 acres of (Lease, Section 4) undeveloped land at CRP which will be further defined once the GSA Request for Lease Proposal (RLP) has been issued. All Premises revert to the City at the end of the Term. City will be paid fair market value based on current land appraisal ( "Base Rent ") for the gross square footage included in the agreed -to site plan and paid annually to the City in the amount of: Page 1 of 6 USCG Term Sheet 12 -28 -12 (a) $0.225 ($) per square foot (for approximately 7 -23 acres) per annum for years 1 — 20 of the Lease. In no event will the annual payments be below $100,000, regardless of the defined land area (minimum Base Rent "). Note that, according to the current land appraisal, this represents a minimum 8% ROI on the land for the Base Rent. * 1 /4th of the initial Base Rent will be paid immediately upon Stonewater getting financing (Effective Date of Lease) and through the construction period, until USCG begins leasing. * Stonewater will be credited, pre - split, for the differential between the minimum Base Rent and actual rent if actual rent exceeds Base Rent based on actual acreage. *if the USCG ramp is significantly oversized and drives the total acreage to exceed expectations, we will credit Stonewater, pre - split, for the differential between anticipated maximum acreage and actual. (b) Effective upon the 1 stand 2nd renewal options (years 21 — 30) of the Lease the City will be paid a Base Rent of the then current fair market value as determined by appraisal. (c) Effective upon the 3rd and 4th renewal options (years 31 — 40) of the Lease the City will be paid a Base Rent of the then current Page 2 of 6 USCG Term Sheet 12 -28 -12 Page 3 of 6 USCG Term Sheet 12 -28 -12 market value as determined by appraisal. In addition to the Base Rent, the City will be paid 51 % of the distributable tenant rent annually after debt service ( "Percentage Coast Guard Rent "). 3. Development and Financing Stonewater will serve as the ground (Lease, Section 4(b)(viii) and lessee and master developer for the Exhibit A, Section 2) project. Stonewater will be responsible for defining the scope of development in conjunction with GSA; the final budget and funding sources based upon a 20- year amortization of the financing; design and construction management; soliciting sources and providing financing; construction; and providing ongoing property management services in accordance with GSA program requirements. The parties agree that Stonewater will be granted the following fees: (a) Development Fee of 4% of eligible soft, hard and contingency (not financing or marketing) project costs; and (b) Government Consulting /Leasing and negotiation fee of a one -time fee of $2 per square foot of the rentable building square feet to GSA (estimated approximately $294,000 based on square footage estimates); and (c) Asset management fee of 1.25% of gross annual rents for term of Lease; and (d) Property management fee of 3% of gross annual rents per year. Page 3 of 6 USCG Term Sheet 12 -28 -12 Page 4 of 6 USCG Term Sheet 12 -28 -12 (Note that asset management and property management could be contracted with a 3rd party). In addition to the fees to Stonewater, Stonewater will be paid 49% of the distributable tenant rent annually after debt service ( "Percentage Coast Guard Rent ") . 4. Use of Premises The Land Lease /Development (Lease, Sections 1, 2 and 8) Agreement will require that the land identified in the Agreement is to be used exclusively for construction of the GSA - specified Coast Guard facility. 5. Development Delay Should the facility not be completed in (Lease, Section 4(a)(0) accordance with the timeframe contained in the Land Lease/Development Agreement, Stonewater will continue paying 1/4 of the ground rent until the facility is complete for GSA/USCG. *See #8 below: Completion and performance bond required. 6. Default (Lease, Section 18) or Ownership of all Improvements on the Bankruptcy (Lease, Section 31) Premises shall revert to City upon and Reversion (Lease, Exhibit A, termination of the Lease. In the event of Section 1(k)) uncured default by Stonewater (not cured by the Leasehold Mortgagor), or their failure to secure financing, the Lease would terminate. In the event of bankruptcy by Stonewater, Stonewater's lender would step into Stonewater's shoes only as to their leasehold interest — ownership of the Improvements would not transfer. Page 4 of 6 USCG Term Sheet 12 -28 -12 7. Capital Investment, Operating Stonewater will be fully responsible for Expenses and ongoing Property funding and completing all negotiations; Management design and development costs to comply (Lease, Sections 4(b)(viii), 5, and with the specifications; financing costs; Exhibit A) operating costs, private party taxes, soft costs of development; start -up costs; insurance; and all ongoing operating costs for the property management of the facility in accordance with the approved USCG program in conformance with the approved budget. Stonewater will provide ongoing property management services in accordance with the specification outlined by GSA in the GSA Lease. The City and Stonewater will annually develop and mutually approve the operating expense budget for the property. 8. Performance Bond Stonewater will provide a completion (Lease, Exhibit A, Section 1(d)) and performance bond upon execution of the Land Lease /Development Agreement in an amount sufficient to fully fund the project in accordance with the approved budget. 9. Sale or Transfer A Proceeds Fee to the City of 1.5% of (Lease, Section 13) the purchase price will be paid to the City in the event of a sale or transfer to an unrelated third party. 10.Maintenance Airport and Stonewater will perform (Lease, Section 10) scheduled facility inspections (in accordance with the GSA Lease and security standards /protocol) to determine maintenance and repairs that are required to meet the requirements of the USCG and to maximize the useful life of the facility. Stonewater will be Page 5 of 6 USCG Term Sheet 12 -28 -12 Page 6 of 6 USCG Term Sheet 12 -28 -12 responsible, as part of the property management function, to plan for, budget, and complete identified repairs and maintenance. 11.Buy Local For contracting and subcontracting (Lease, Exhibit A, Section 1(c)) required, outside the services provided directly by Stonewater employees, in order to complete the project as identified and to maintain the property under the ongoing property management requirements, Stonewater agrees to award a minimum of 80% of the value of the hard construction costs to qualified contractors residing in or maintaining an office within a 50 mile radius of Nueces County. In the event that Stonewater does not believe that sufficient qualified contractors are available at competitive rates, Stonewater may request an exemption in writing from the City identifying the reasons that Stonewater does not believe they can meet this goal. Page 6 of 6 USCG Term Sheet 12 -28 -12 Page 1 of 2 Ordinance Authorizing the City Manager or designee to execute a Ground Lease with FDL — CC, LLC to lease land from the City of Corpus Christi at the Corpus Christi International Airport ( "Airport ") for the development of a facility to be occupied initially by the Department of Homeland Security, the United States Coast Guard, and Customs and Border Protection ( "Project "), to be located on land at the Airport, which Project will be subleased by FDL — CC, LLC to the General Services Administration ( "Government- Tenant "). Whereas, the City of Corpus Christi ( "City ") desires to enter into a Ground Lease ( "Lease ") with FDL — CC, LLC to lease land from the City at the Airport for the development, financing, and management of a facility approved by Resolution of the Committee on Transportation and Infrastructure of the U.S. House of Representatives to be occupied initially by the Department of Homeland Security, the United States Coast Guard, and Customs and Border Protection (Project), to be located on land at the Airport, which Project will be subleased by FDL — CC, LLC to the Government - Tenant; and Whereas, under the terms of the Lease, FDL — CC, LLC shall negotiate the terms, fund, design, construct, and provide ongoing management services for the Project; and Whereas, FDL — CC, LLC shall provide an annual payment to the City during the term of the Lease, which term shall be for twenty (20) years with four (4) additional five -year options; and Whereas, the annual payments to the City by FDL — CC, LLC shall include (i) the greater of $0.225 per square foot or $100,000 for years 1 — 20 of the Lease and appraised fair market value per square foot for optional years 21 — 40 of the Lease, and (ii) 51 % of the rent paid under FDL — CC, LLC's sublease to the Government - Tenant, subject to reimbursement of excess rentals from revenues; and Whereas, the facility at the Airport would revert to the City at the expiration of the Lease; and Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is hereby authorized to execute a Ground Lease with FDL — CC, LLC to lease land from the City at the Airport for the development of the Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 , by the following vote: A I l Vs] I► /_1►[NMIbYKHIM_F9:iM 1.3V Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Chad Magill Colleen McIntyre Lillian Riojas Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary ORDINANCE USCG LEASE 12 -18 -12 Nelda Martinez Mayor GROUND LEASE THE STATE OF TEXAS § COUNTY OF NUECES § THIS GROUND LEASE ( "Lease ") is entered into on April 14, 2013, by and between the CITY OF CORPUS CHRISTI, a Texas home -rule municipal corporation, known herein as "Landlord," and FDL — CC, LLC, a Texas limited liability company, known herein as "Tenant." Landlord and Tenant are sometimes collectively referred to herein as the "Parties" and, in the singular, as a "Party." WITNESSETH; WHEREAS, Landlord is the owner of the Corpus Christi International Airport (the "Airport") located in Nueces County, State of Texas, the use and operation of which is governed by the Director of Aviation (the "Director"); WHEREAS, Tenant desires to lease a certain parcel of land at the Airport for the initial purpose of developing and subleasing to the General Services Administration (the "Government- Tenant ") a three - building complex and related improvements more particularly described in Exhibit A attached hereto (the "DHS Facilities "), to be initially occupied by the Department of Homeland Security, the United States Coast Guard and Customs and Border Protection; WHEREAS, the Parties intend that the DHS Facilities will be developed and constructed by Tenant in accordance with the requirements of the sublease for the DHS Facilities to be entered into between Tenant and the Government - Tenant (the "Government Lease," attached hereto as Exhibit C); and WHEREAS, subject to the terms and provisions hereinafter set forth, Landlord is willing to lease such parcel of land to Tenant and to grant specified rights and privileges in connection therewith. NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein contained and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, Landlord does hereby demise, lease, lot and grant unto Tenant, and Tenant hereby rents, hires and takes from Landlord, the certain premises hereinafter specified, subject to the following terms, conditions and covenants; 1. PREMISES. The premises hereby demised consist of that certain approximately (___) acre tract of land situated on and comprising a portion of the Airport, such land being more specifically described or depicted on Exhibit B attached hereto and incorporated herein for all purposes (the "Premises "). The Premises are leased by Landlord to Tenant on an "AS IS," "WHERE IS" basis, with no obligation on the part of Landlord to provide or construct any improvements or alterations, except as expressly provided in this Lease. Landlord also grants and conveys to Tenant, for the use of Tenant, its Subtenants and their Stonewater USCG Facility Lease 12 -21 -12 Pagel of 32 respective employees, agents, contractors, guests and invitees, in common with others, (i) an uninterrupted right of ingress and egress for pedestrian and vehicular traffic to /from the Premises from /to public roadways, (ii) an uninterrupted right of ingress and egress to /from the Premises from/to all airfield improvements related to the conduct of flight operations at the Airport, and (iii) the right to connect to the utilities and utility infrastructure currently situated at the Airport and to construct aircraft parking ramp(s) as shall be reasonably necessary in connection with the development and operation of the Premises from time to time. Other rights and benefits afforded Tenant, its Subtenants and their respective employees, agents, contractors, guests and invitces, with respect to the Airport are described in Section 23 hereof. For purposes of this Lease, (i) the term "Subtenant' shall mean the Government - Tenant and any other party to whom the Premises has been subleased by Tenant under the terms of an Approved Sublease; the term "Approved Sublease" shall mean any sublease agreement between Tenant and a third party for the sublease of the Premises which has been approved by Landlord in accordance with the terms of this Lease, including, without limitation, the Government Lease; and the term "Occupant' shall mean the actual party validly occupying the Premises pursuant to the terms of an Approved Sublease. 2. IMPROVEMENTS. During the term of this Lease, Tenant shall be permitted to develop and improve the Premises from time to time as it deems necessary for the use and enjoyment of the Premises for the purposes herein permitted (any such improvements constructed from time to time are sometimes referred to herein as "Improvements "). Tenant agrees that the Improvements to be initially constructed on the Premises shall be the DHS Facilities, together with all required aircraft parking ramp(s) and other improvements related thereto or otherwise required to be constructed under the terms of the Government Lease, all of which shall be constructed in accordance with and subject to the terms and provisions contained in Exhibit A. 3. TERM. The initial term of this Lease shall begin on the date that Tenant closes on the financing obtained for the development of the DHS Facility, , 2013 ( "Effective Date ") and shall end on the expiration of the twentieth (20`") year thereafter, plus so many days as shall be necessary to be coterminous with the initial twenty (20) year Government Lease, unless earlier terminated in accordance with the terms and conditions of this Lease. The Parties intend and agree that each shall have vested rights as of the Effective Date and, accordingly, each agree that this Lease shall be fully binding upon the Parties and shall be in full force and effect from and after the Effective Date. Provided this Lease has not been terminated pursuant to the provisions hereof, Tenant shall have the right, benefit and option to extend and renew the term of this Lease for up to four (4) renewal terms of five (5) years each upon written notice to Landlord of such renewal at least six (6) months prior to the expiration of the then current term; rop vided, however, if Tenant is then in negotiations with the Government- Tenant for the renewal or re -lease of the Government Lease, such renewal or re -lease notice to be provided by Tenant hereunder may be deferred until such time as the Government - Tenant elects to either renew, re -lease or terminate the Government Lease, and the then current term of this Lease shall be extended, on the same terms and conditions then applicable, until such date. Any extension or renewal of Stonewater USCG Facility Lease 12 -21 -12 Page 2 of 32 the term shall be subject to all of the terms and provisions of this Lease, and all such provisions shaII continue in full force and effect. If Tenant fails to timely renew the term as provided herein, then all options with regard to subsequent extensions or renewals shall expire and be null and void. Any holding over of the Premises, or any portion thereof, by Tenant or its Subtenants, after the expiration or termination of this Lease shall be on a month -to -month tenancy at one hundred fifty percent (150 %) of then current gross monthly rent, and subject to surrender upon thirty (30) days' prior written notice. 4. RENT. Commencing on the Effective Date, Tenant shall pay Landlord the rent described below (collectively, the "Rent"). a. Base Rent. During the term of this Lease (as the same may be extended from time to time), Tenant shall pay Landlord the rent amounts hereinafter described (`Base Rent"): (i) From the Effective Date through and including the date on which the Government Lease commences (the "Government Lease Commencement Date "), Tenant shall pay Base Rent of $ per year, such sum representing the product of (a) $0.055 multiplied by (b) the aggregate land square feet contained within the boundary of the Premises. (ii) From and after the Government Lease Commencement Date and continuing through and including the last day of the initial term of this Lease, Tenant shall pay the greater of (a) the Base Rent of $ per year, such sum representing the product of (i) $0.225 multiplied by (ii) the aggregate land square feet contained within the boundary of the Premises, or (b) $100,000.00. In the event that the Base Rent described in clause (a) is less than the amount described in clause (b), then for purposes hereof, the positive difference between such amounts shall be referred to as the "Excess Rentals'; however, in the event that both (1) the land area contained within the boundary of the Premises exceeds thirteen (13) acres and (2) the size of the improved aircraft parking ramp required by the Government- Tenant exceeds forty percent (40 %) of the gross area of the Premises, then the positive difference between the Base Rent described in clause (a) and the Base Rent computed on the basis of thirteen (13) acres shall instead be referred to under this Lease as the "Excess Rentals." The Parties acknowledge and agree that Tenant shall be permitted to be reimbursed the Excess Rentals paid by Tenant hereunder from cash flow generated from the Premises. (iii) During each of the renewal terms (if and to the extent exercised), Base Rent shall be equal to the annual fair market rental value of the Premises (categorized as aeronautical improved land) as of the date immediately preceding the commencement of such renewal term, such value to be determined by an appraisal conducted by a qualified, reputable, third party appraiser reasonably selected by Landlord who shall hold a MAI designation and have not less than ten (10) years of experience in appraising fair market rental values of multiple aviation - related improvements located within the largest 100 metropolitan statistical areas (MSAs). The fair market rental value of the Premises (categorized as aeronautical improved land) shall be updated in such manner prior to the commencement of each renewal term. Stanewater USCG Facility Lease 12 -21 -12 Page 3 of 32 Base Rent shall be payable in monthly installments, in arrears, on or before the fifth (5'h) day of each and every month during the Term, and otherwise on the same terms and conditions set forth in the Government Lease. b. Percentage Rent. In addition to Base Rent, Tenant shall also pay to Landlord, on a quarterly basis, the percentage rent hereinafter described ( "Percentage Rent "). Percentage Rent shall be an amount equal to fifty-one percent (51 %) of Tenant's Net Profits (defined below), if any, which amount shall be paid within thirty (30) days after the end of each calendar quarter in which Tenant has Net Profits. Within ninety (90) days after the end of each calendar year during the term of this Lease, Tenant shall deliver to Landlord a statement, certified by an officer of Tenant (the "Annual Reconciliation "), reflecting the Net Profits for the preceding calendar year, together with Tenant's calculation of Percentage Rent payable to Landlord for such period and any amounts previously paid by Tenant as Percentage Rent during such period. Landlord shall have thirty (30) days after its receipt of an Annual Reconciliation to object to any matter reflected therein. If Landlord does not object in writing within such 30 -day period, Landlord shall be deemed to have approved such Annual Reconciliation and the matters therein contained. If, however, Landlord objects within such 30 -day period in writing to any matter contained within such statement, Landlord and Tenant agree to work together in good faith to resolve any such objections to the reasonable satisfaction of Landlord and Tenant. For purposes hereof, the following definitions shall apply: (i) "Net Profits" shall mean, with respect to the applicable period for which such determination is being made, an amount equal to the remainder arrived at by subtracting (A) the sum of Operating Expenses, Cash Flow Reimbursements, Excess Rental Reimbursements, Reserve Replenishment, Landlord - approved Capital Expenditures (but not Capital Expenditures that are to be paid from the Reserve Account or which are covered by insurance proceeds paid to Tenant) and debt service payments for such period from (B) Gross Revenues for such period. (ii) "Operating Expenses" shall mean, with respect to the applicable period for which such determination is being made, all direct cash expenditures made by Tenant during such period in connection with the operation and management of the Premises in the normal course of business (except to the extent that such expenditures are Capital Expenditures or non -cash items such as depreciation and amortization), including, without limitation, Permissible Management Fees. (iii) "Cash Flow Reimbursements" shall mean, with respect to the applicable period for which such determination is being made, the sum of all Operating Expenses and Capital Expenditures (less any funds from the Reserve Account utilized for the payment thereof) paid by Tenant during the period(s) preceding such period that were in excess of any Gross Revenues for such preceding period. There shall be deducted from Cash Flow Reimbursements any amounts that have been previously reimbursed to Tenant during prior periods. (iv) "Excess Rental Reimbursements" shall mean, with respect to the applicable period for which such determination is being made, the sum of all Excess Rentals paid by Tenant to Landlord under the terms of this Lease. There shall be deducted from Excess Rental Stonewater USCG Facility Lease 12 -2142 Page 4 of 32 Reimbursements any amounts that have been previously reimbursed to Tenant during prior periods. (v) "Reserve Account" shall mean a separately identified fund or account, initially funded by Tenant from Construction Financing (defined below) in the amount of One Hundred Thousand Dollars ($100,000), as may be replenished from time to time, to be used for major maintenance or emergency capital replacements. (vi) "Reserve Replenishment" shall mean, with respect to the applicable period for which such determination is being made, the amount necessary to either replenish or increase the Reserve Account during such period in accordance with the Annual Budget (defined below). (vii) "Capital Expenditures" shall mean, with respect to the applicable period for which such determination is being made, expenditures made by Tenant during such period in accordance with the Approved Budget that, for federal tax purposes, are not expensed but are capitalized. (viii) "Permissible Management Fees" shall mean, with respect to the applicable period for which such determination is being made, the fees paid during such period to Tenant (or its affiliates or other third parties designated by Tenant and reasonably approved in writing in advance by Landlord) in connection with the management of the Premises, such fees consisting of (a) an asset management fee equal to one and 251100ths percent (1.25) of gross annual rents for the initial term and any renewal terms of this Lease (less the property management fee) derived from the subleasing of the Premises to Subtenants as called for in this Lease; and (b) a property management fee of three percent (3 %) of the gross annual rents (less the asset management fee) derived from the subleasing of the Premises to Subtenants as called for in this Lease; each of which fees shall be paid monthly no later than fifteen (15) days after the end of each month. (ix) "Gross Revenues" shall mean cash receipts from the operation of the Premises from all sources including, without limitation, (a) base rent, additional rent and other charges under the Government Lease and/or any other Approved Sublease into which Tenant may enter with a Subtenant, penalties, insurance proceeds as a result of a claim by Tenant against the Occupant, interest income, forfeited security deposits and other amounts payable or reimbursable to Tenant by Subtenants or other Occupants, (b) any payments in the nature of indemnification that are received by Tenant, and (c) net reductions in the Reserve Account that are not used for their intended purpose. C. Late Pam. If any payment required to be paid to Landlord hereunder is not received by Landlord on or before the due date therefor as delineated in this Lease, Tenant shall pay to Landlord interest of eighteen percent (18 %) per annum on the delinquent amount due to Landlord from the due date therefor until the date of payment. Payments due to Landlord shall be received by Landlord only on normal business days of Monday through Friday, and shall not be considered late if the due date falls on a weekend or a legal municipal holiday for the City of Corpus Christi, Texas, so long as payment is made the next business day. For the purposes of this section, the date payments are received by Landlord shall be the U.S. Postal Service cancellation date on the envelope transmitting the payment if paid by mail, the date the payment is posted to Landlord's bank account if paid by ACH payment, the date of receipt if Stonewater USCG Facility Lease 12 -21 -12 Page 5 of 32 delivered by a nationally recognized courier service, or the date such payment is received by an authorized representative of Landlord if the payment is hand delivered. 5. BUDGETING, REPORTING AND AUDIT. At least sixty (60) days prior to the anticipated Government Lease Commencement Date, and thereafter at least sixty (60) days prior to the commencement of each of Landlord's fiscal years during the term of this Lease (Landlord's fiscal year commencing on August 1 of each calendar year) ( "Fiscal Year "), Tenant shall cause its asset manager to prepare and deliver to Landlord, in writing, an annual accounting of the Reserve Account and a proposed annual operating budget for the Premises for the upcoming Fiscal Year. Such budget shall set forth, on a monthly basis, Tenant's estimate of Gross Revenues for the upcoming Fiscal Year, together with a detailed summary of the estimated Operating Expenses, debt service, major maintenance, proposed Capital Expenditures, and Reserve Replenishment requirements for such year, and any other authorized expenses or reimbursements anticipated by Tenant. The Parties agree that the initial annual operating budget will include the initial pre - funding of the Reserve Account with the sum of One Hundred Thousand Dollars ($100,000) to be set aside for the payment of major maintenance or emergency capital replacements, which amount will be funded from the financing to be obtained by Tenant for the initial development and construction of the DHS Facilities and any Aviation - Related Infrastructure (as defined in Exhibit A) not funded by Federal funds ( "Construction Financing "). The portion of the budget pertaining to Capital Expenditures shall contain, inter alia, a breakdown of the items to be incurred pursuant to any approved plan or plans for any capital improvements proposed to be funded from the cash generated from the Premises or other sources. Landlord may, within thirty (30) days after its receipt thereof, approve or disapprove of any proposed budget in whole or in part, and if Landlord disapproves a part of any proposed budget and specifically approves the balance in writing, Tenant shall implement the approved portion. If Landlord does not respond to a proposed budget within such 30 -day period, Landlord shall be deemed to have approved such budget. Landlord's approval of a proposed budget shall not be unreasonably withheld or delayed (each budget so approved by Landlord and Tenant being referred to herein as the "Annual Budget'). In any case in which an entire budget is disapproved by Landlord, Tenant shall continue to operate and manage the Premises pursuant to the prior year's Annual Budget (excepting extraordinary expenses and Capital Expenditures, but permitting the payment of actual amounts incurred for taxes, insurance, debt service and utilities) until the Parties can agree upon an annual operating budget. If the Parties are unable to reach agreement with respect to a proposed budget after a period of thirty (30) days following Landlord's disapproval thereof, then either Party may request to have the matter settled by mediation in Corpus Christi, Texas, by a mutually agreed to mediator. The mediator shall be selected by the Parties within ten (10) days following the initiation of mediation hereunder. It is the intent of the Parties that any mediation shall be concluded as quickly as reasonably practicable. Each Party shall bear its own costs incurred in connection with the mediation and shall share equally the fees and expenses of the mediator. Tenant also shall provide to Landlord, no later than thirty (30) days following the preceding calendar month, a monthly expense report prepared by Tenant's asset managers. Landlord, or its authorized representatives or accountants, at Landlord's sole expense subject to the limitations herein, shall have the right to conduct an audit or program review of all such books and Stonewater USCG Facility Tease 12 -21 -12 Page 6 of 32 records referenced in this Section 5 during the term hereof and for a period of one (1) year after the expiration or earlier termination of this Lease. In the event Landlord's audit and/or program review reflects that Tenant has overpaid Landlord, Landlord shall promptly reimburse Landlord for such overpayment. If such audit and /or program review reveals that Tenant has underpaid Landlord, Tenant shall promptly pay Landlord the amount of such underpayment. If such audit and/or program review reveals that Tenant has underpaid Landlord by more than three percent (3 %), Tenant shall promptly reimburse Landlord for the reasonable cost of such audit, not to exceed two thousand dollars ($2,000), in addition to the entire underpayment. The provisions of this paragraph shall survive the termination or expiration of this Lease. 6. APPOINTMENT OF AGENT. Landlord hereby appoints the Director, or its designee, as Landlord's agent to receive all rent, notices and correspondence and other documentation to be provided to Landlord under the terms of this Lease and to act as the point of contact and liaison for Landlord in all matters involving this Lease, the development and construction of the Improvements and the Government Lease and /or any other Approved Sublease into which Tenant may enter with a Subtenant. 7. CONTINGENCIES. Notwithstanding anything to the contrary herein, this Lease and Tenant's obligations hereunder shall be subject to and contingent on (i) Tenant being awarded the right to develop and construct on behalf of the Government - Tenant, and to lease to the Government- Tenant, the DHS Facilities on the Premises (the "Award'); (ii) the Parties each approving the principal terms and conditions of the Award, including the required terms and provisions of the Government Lease; and (iii) Tenant and the Government - Tenant entering into the Government Lease for the lease of the Premises for the use and operation of the DHS Facilities to be constructed by Tenant. In the event any one of the foregoing conditions are not satisfied, for any reason or no reason, by April 31, 2014, Tenant may terminate this Lease upon fifteen (15) days' prior written notice to Landlord, whereupon the Parties shall have no further rights or obligations hereunder. Tenant agrees that it shall provide to Landlord a true, correct and complete copy of the executed Government Lease promptly after the full execution thereof. 8. USE; COMPLIANCE WITH LAWS. a. Tenant shall, during the initial twenty (20) year term of this Lease, use the Premises solely for the construction and operation of the DHS Facilities, including all lawful uses associated therewith or otherwise necessary or desirable in connection therewith, and for any other lawful purpose. The Premises may be used for the parking of business - related automobiles, trucks, vans, trailers and similar vehicles, without payment of any additional fees to Landlord, provided all such parking comply with applicable Airport rules and regulations relative to such use. b. Not later than twenty -four (24) months prior to the end of the initial term and to the end of any renewal term of this Lease, Tenant shall initiate efforts to obtain the Government- Tenant's written agreement to renew the Government Lease, or enter into another lease, for the occupancy of the DHS Facilities for the next succeeding term of this Lease. If the Government - Tenant does not elect in writing to renew the Government Lease or to enter into a new lease for the next succeeding term within twelve Stonewater USCG Facility Lease 12 -21 -12 Page 7 of 32 (12) months after receiving Tenant's written request, or, after providing such commitment, thereafter revokes such commitment or otherwise fails to actually renew the Government Lease or enter into a new lease, then (i) Landlord and Tenant shall commence jointly marketing the Premises for sublease to other parties for aviation - related purposes and (ii) Tenant shall be permitted to sublease the Premises to another party for aviation- related purposes, subject to LandIord's prior written approval, which approval shall not be unreasonably withheld, delayed or conditioned. Such joint marketing activities by Landlord and Tenant may be pursued during any ongoing negotiations Tenant may then be having with the Government - Tenant for the renewal of the Government Lease. C. Tenant covenants to promptly observe, comply with and execute, and shall cause any Occupant to promptly observe, comply with and execute (as and to the extent applicable to such Occupant), (i) the provisions of any and all present and future federal, state and municipal laws, ordinances, rules, regulations, requirements, environmental requirements, orders and directions applicable to the use and occupancy of the Premises; and (ii) all applicable Federal laws, rules, and regulations, including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that apply to the uses and operations at the Premises. During any period of Tenant's or any Subtenant's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction shall not be deemed a breach of this Lease. d. Tenant acknowledges that the provisions of 49 CFR, Part 23, Disadvantaged Business Enterprises ( "DBE "), as said regulations may be amended, and such other similar regulations may be enacted, may be applicable to the activities of Tenant or any Subtenant under the terms of this Lease, unless exempted by said regulations, and Tenant hereby agrees to comply with the Federal Aviation Administration ( "FAA ") and the U.S. Department of Transportation, in reference thereto. Tenant agrees to use good faith efforts to provide maximum opportunity for the consideration and use of DBEs in the contracting, subcontracting and purchasing activities associated with this Lease and to abide by all applicable provisions of the Airport's DBE Program and this Lease. C. Notwithstanding anything to the contrary herein, if, because of the specific use of the Premises for DHS Facilities, there are any Federal laws, rules or regulations applicable to such use ( "Specific Use Laws ") which vary from or conflict with, either directly or indirectly, any other federal, state, county or municipal laws, rules or regulations (including, without limitation, those of the FAA or the Airport), such Specific Use Laws shall take precedent to such other laws, rules and regulations, and the observance of and compliance with such Specific Use Laws by Tenant and the Government - Tenant shall not constituted a default under this Lease. 9. TAXES. Tenant shall be responsible for any and all ad valorem taxes on Tenant's personal property and any Improvements at the Premises, or which may be incurred on Tenant's leasehold interest in the Premises; provided, however, the Parties specifically acknowledge and agree that any and all real property and fixtures, exclusive of Tenant's and any Occupant's Removables, installed or placed at the Premises (herein, the "Public Facilities ") shall constitute property held and used for public purposes and, as such, shall be tax - exempt to Tenant and its Subtenants; and, row vided further, in the event Landlord or any other taxing authority with jurisdiction over the Premises or Tenant seeks to tax Tenant or its Stonewater USCG Facility Lease 12 -21 -12 Page 8 of 32 Subtenants for use or ownership of all or any portion of the Public Facilities, Landlord agrees to reasonably cooperate with Tenant in its efforts to negate such efforts and to take all actions as are reasonably necessary to ensure that Tenant and the leasehold estate hereby created are not burdened by taxes with respect to the Public Facilities. For purposes hereof, the term "Removables" shall mean all personal property, trade fixtures, machinery and equipment owned by a party and used in the operation of such party's business or services on the Premises. 10. REPAIRS AND MAINTENANCE. a. Tenant's Obb atg ions. Tenant, at its own expense, shall make, or cause to be made, any and all repairs, replacements and preventative major maintenance necessary to keep the Premises in good condition and safe repair (normal wear and tear excepted), including any and all repairs and replacements reasonably necessary to prevent and remedy failures of a structural nature; shall maintain all utilities and utilities connections and infrastructure on the Premises; shall provide janitor and cleaning services for the Premises from the supplier of services of its choice in accordance with the maintenance schedule required under the Government Lease; shall keep the interior and exterior of the Premises in a clean, attractive and sanitary condition at all times, normal wear and tear excepted; shall cause the landscaping on the Premises to be well maintained and kept in a neat and trimmed condition; and shall otherwise perform all other maintenance and repairs required under the terms of the Government Lease. All of the maintenance, repairs, finishing and replacements must be of quality at least equal to the original in materials and workmanship. Tenant, at its expense, shall obtain all licenses and permits required by reason of its maintenance, repairs, construction on, or use of the Premises. Tenant, at its sole expense without reimbursement from Landlord, shall be responsible for the repair of any and all damage caused to any property of Landlord occurring elsewhere on the Airport as the result of the willful or negligent acts or omissions of Tenant, its employees or agents, and not the result of acts or omissions of Landlord, its employees or agents. Tenant must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises in compliance with all applicable environmental laws, rules, and regulations; must provide and use suitable sealed fireproof receptacles approved by the Director for all trash and other refuse generated by the use of the Premises; must prohibit piling of boxes, barrels or other similar debris in or within view from a public area; must comply with all applicable laws and regulations relative to trash disposal; and must pay or cause to be paid the costs associated with trash removal and disposal. Tenant shall use commercially reasonable efforts to ensure that the Premises are maintained free of foreign object debris. Tenant must immediately correct, or cause to be corrected, any hazardous or potentially hazardous condition on the Premises promptly after becoming aware thereof, or immediately upon receipt of written notice thereof from the Director. At the Director's sole discretion following consultation with Tenant, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. Subject to the provisions of Section 17 and /or Section 20, the Director may, at any time during Tenant's normal business hours and upon prior notice and accompanied by a representative of Tenant (unless an emergency exists), but subject to the reasonable security procedures or requirements described in the Government Lease ( "Security Requirements "), enter upon the Premises to determine if the Stonewater USCG Facility Lease 12 -21 -12 Page 9 of 32 maintenance requirements of this Lease, including but not limited to landscape maintenance, parking lot maintenance, structural and non - structural repairs, replacements, rebuilding or painting, are being complied with. The Director must notify Tenant in writing of any default. If the required maintenance, in the Director's notice to Tenant, is not commenced within fifteen (15) calendar days after receipt of such written notice, or is not diligently prosecuted to completion once commenced, the Landlord may enter upon the Premises and perform the subject maintenance, and Tenant agrees to reimburse Landlord for all direct expenses incurred in connection with such maintenance, plus a ten percent (10 %) administrative fee, due and payable within thirty (30) days after Tenant's receipt of an invoice therefor, together with copies of all supporting documentation. b. Landlord's Obli atg ions. Notwithstanding any provision of this Lease to the contrary, Landlord agrees to (i) operate the Airport as a public airport during the term of this Lease, subject to the assurances given by City to the United States Government, and (ii) operate, maintain and keep in good repair the areas and facilities at the Airport for the public and Tenant. Landlord agrees to use reasonable efforts to keep the Airport free from obstructions and to do all things reasonably necessary for the safe, convenient and proper use of the Airport by those who are authorized to use the same. Subject to the terms and provisions set forth in Paragraph Le. of Exhibit A hereto, Landlord shall assist and reasonably cooperate with Tenant, at no cost to Landlord, in making available to the Premises property line all existing utilities located outside the boundary of the Premises and described or depicted on Exhibit A -2 attached hereto (collectively, the "Existing Utility Infrastructure "), it being understood and agreed that Tenant shall accept the Existing Utility Infrastructure in their current, existing locations, on an "AS IS," "WHERE IS" basis, with no obligation on the part of Landlord to provide or construct any utilities not described or depicted in Exhibit A -2. Tenant or its designee must pay in full all utility usage charges for water, gas, wastewater, electricity and other utilities supplied to the Premises during the term of this Lease as the charges become due and payable. 11. SIGNAGE. Tenant and its Subtenants may install on the Improvements and /or Premises signs or other corporate identification of its or their business, provided the same comply with applicable City ordinances and Airport policies. The size, type, design and location of such signs or other corporate identification shall be subject to the prior approval of the Director, which approval shall not be unreasonably withheld. 12. PERSONAL PROPERTY. Notwithstanding anything to the contrary herein, all Removables placed or installed in, on or under the Premises by Tenant, or by an Occupant, whether or not affixed to the realty, shall remain the property of Tenant, or such Occupant, and Tenant, or such Occupant, shall have the right to remove such property at any time during the term hereof, provided any damage caused to the Premises as a result of such removal is repaired by Tenant or such Occupant. Upon the expiration or earlier termination or expiration of this Lease, Landlord shall permit the Occupant to remove all Removables installed by such Occupant, so long as it removes same within the time period set forth in a written notice from Landlord to such Occupant, but in no event less than ten (10) business days after termination or expiration of the Lease. Landlord will require any damage to the Stonewater USCG Facility Lease 12 -21 -12 Page 10 of 32 Premises caused by such Occupant's removal of its property, normal wear and tear excepted, to be repaired at Tenant's sole expense, without reimbursement from Landlord. Such repairs must be made to the reasonable satisfaction of the Director. Any fuel storage facilities installed must be removed prior to vacating the Premises, regardless of circumstances, and all affected Premises completely remediatcd at the sole expense of Tenant, without reimbursement from Landlord; provided, however that Landlord can waive this requirement to remove fuel storage facilities upon termination of the Lease, in which case Tenant will be responsible for all required remediation of all affected Premises, as more fully discussed in Section 22 herein, related to any fuel storage facilities that have been identified as of the date that Tenant vacates the Premises. Notwithstanding the foregoing, if the Occupant fails to remove its Removables within the required time frame, then the Director, may at its option, take title to the said personality and sell, lease or salvage the same, if and as permitted by law. The Director will provide the Occupant with a written itemized breakdown of the costs recaptured, if any, by the sale, lease or salvage of the property, and the balance due, which is expected to be paid by such Occupant upon receipt of said itemized breakdown. 13. ASSIGNMENT, SUBLETTING. Tenant shall not at any time assign or transfer this Lease and Tenant shall not sublet the Premises or any part thereof without the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, It shall not be unreasonable for Landlord to withhold its consent to any proposed assignment or sublease if (i) Tenant is in default under this Lease beyond any applicable notice and cure periods, (ii) the creditworthiness, financial responsibility, nature of business or character of the proposed assignee or subtenant are not all reasonably satisfactory to Landlord, or (iii) in the reasonable judgment of Landlord, the proposed assignee or subtenant does not have the ability or experience to perform the obligations required under this Lease. The foregoing shall not exclude any other reasonable basis for Landlord to withhold its consent, It is a condition of this Lease that at all times the use of the Premises shall be related to aviation. Notwithstanding the preceding, Tenant is given the right to: 1) Pledge, mortgage, encumber, assign and/or hypothecate Tenant's interest in this Lease as collateral for Tenant's construction or permanent financing for any Improvements installed or constructed at the Premises and any renewals and extensions thereof, and Landlord agrees, if requested by Tenant, to enter into a subordination, non - disturbance and attornment agreement (a "SNDA ") with Tenant's lender ( "Tenant's Lender") in a form reasonably agreeable to the Parties and Tenant's Lender; 2) Assign its interest in this Lease to any entity which is controlled by Tenant (e.g., an entity of which Tenant owns more than fifty percent of the outstanding shares or equivalent of Tenant), which controls Tenant (e.g., a parent or subsidiary which owns more than fifty percent of the outstanding shares or equivalent of Tenant) or a financially solvent entity which is under common control with Tenant (i.e., a financially solvent entity which has a brother - sister or other affiliate relationship with Tenant) (any of the foregoing, herein an "Affiliate "); and 3) Sublease the Premises to the Government - Tenant, in which event Landlord agrees to enter into a non - disturbance and attornment agreement (a "NDA ") with the Stonewater USCG Facility Lease 12 -21 -12 Page 11 of 32 Government - Tenant in a form reasonably acceptable to Landlord and the Government - Tenant providing that (i) the Government - Tenant's possession of the Premises shall not be affected or disturbed by any termination of this Lease or by Landlord in the exercise of any of its rights and remedies under this Lease and (ii) if Landlord should terminate this Lease or Tenant's right of possession thereunder, the Government- Tenant shall attorn to Landlord and Landlord shall be bound to the Government- Tenant under the terms of the Government Lease. No assignment or subletting by Tenant hereunder shall relieve Tenant of its obligations hereunder, unless expressly agreed to by Landlord. Each Approved Sublease shall be subject to and subordinate to the terms and provisions of this Lease; provided, however, Landlord agrees that, to the extent of any conflict between the terms of this Lease and the terms and provisions of the Government Lease, the terms and provisions of the Government Lease shall control and govern. In the event Tenant, with Landlord's consent, assigns or transfers this Lease in connection with the sale of its leasehold interest to a third party that is not an Affiliate, Tenant shall pay to Landlord a transfer fee equal to one and one -half percent (1.5 %) of the gross sale price received by Tenant in connection with such sale and assignment. 14. INSPECTION BY LANDLORD. Subject to compliance with any Security Requirements, Landlord and its authorized representatives shall have the right to inspect the Premises at any time during regular business hours -upon at least twenty -four (24) hours written notice to Tenant; provided, however, in the event of an emergency, Landlord, at the expense of Tenant, may take such action on the Premises as may be reasonably required for the immediate protection of persons or property. 15. INSURANCE. a. Except as otherwise provided in subsection 15.h below, Tenant shall, and shall require any Subtenant to, obtain and maintain continuously in effect at all times during the term of this Lease, at Tenant's and such Subtenant's sole expense, at least the minimum insurance stated on Exhibit A -3 attached hereto, as well as the following minimum insurance: Property and Casualty Insurance against loss or damage to the Improvements (including any Occupant's fixtures, equipment and personal property therein) due to fire, lightning and all other perils, including wind, included in standard extended coverage policies, including vandalism and malicious mischief, all in amounts of not less than ninety percent (90 %) of replacement value. Upon request by Landlord, such replacement value shall be determined by a qualified appraiser selected by Landlord and Tenant, a copy of whose findings shall be submitted to Landlord and Tenant, and thereafter, proper adjustment in the limits of insurance coverage shall be effected. Tenant's Lender shall be named as an additional insured and mortgagee loss payee. b. All insurance herein required shall apply as primary and not in excess of or contributing with other insurance which Tenant may carry. All policies shall name Landlord as an additional insured Stonewater USCG Facility Lease 12 -21 -12 Page 12 of 32 or loss payee, as the case may be. Tenant's insurance policies as required by this Lease shall apply separately to Landlord as if separate policies had been issued to Tenant and Landlord. C. Tenant's Comprehensive General Liability policy shall protect Landlord against any and all liability created by reason of Tenant's conduct incident to use of the Airport, or resulting from any accident occurring on or about the roads, driveways or other public areas of the Airport, including the runways, taxiways and ramp by Tenant at the Airport. d. Tenant's insurance as required by this Lease shall not be subject to cancellation or material alteration until at least thirty (30) days written notice has been provided to Landlord. Tenant shall furnish to Landlord, annually, Certificates of Insurance evidencing that all of the herein stated requirements have been met. e. The amounts of all required policies shall not be deemed a limitation of Tenant's agreement to indemnify and hold harmless Landlord, and in the event Tenant or Landlord shall become liable in an amount in excess of the amount or amounts of such policies, then Tenant shall save Landlord harmless from the whole thereof, except in the event of gross negligence or willful misconduct of Landlord or a Landlord - Related Party (as hereinafter defined). The insurance specified by this Lease is only a minimum requirement; Tenant is encouraged to maintain reasonably obtainable liability insurance in amounts reasonably necessary to protect Tenant and Landlord from normal insurable liabilities that may be incurred by Tenant in its operation at the Airport. f. In the event such insurance as required by this Lease shall lapse, Landlord reserves the right to obtain such insurance, upon prior written notice to Tenant, at Tenant's expense. g. Tenant and Landlord understand and agree that the minimum limits of the insurance herein required may become inadequate, and Tenant agrees that it shall increase such minimum limits upon receipt of notice, in writing, from the Director. Notwithstanding the preceding, such increases, if any, shall be reasonable and commensurate with industry standards therefor. Such notices to change shall, in general, be issued with no more frequency than every five (5) years during the Lease term. h. Notwithstanding the foregoing to the contrary: i. If Tenant desires to demonstrate proof of any portion of the insurance required by this section through a Subtenant's insurance, Tenant may do so if the insurance is adequate to also provide protection for both Landlord and Tenant (and, if applicable, Tenant's Lender). ii. Tenant shall not be required to purchase and maintain aviation operations insurance (i.e., hangar keeper and/or aircraft and aviation liability insurance) unless Tenant (exclusive of its Subtenants) undertakes aviation operation activities for which aviation operations insurance is specifically required. iii. With respect to aviation operation activities undertaken by Tenant's Subtenants, insurance coverage therefor and indemnification relating thereto shall be provided on behalf of Landlord and Tenant (and, if applicable, Tenant's Lender) by Tenant's Subtenants and all such Stonewater USCG Facility Lease 12 -21 -12 Page 13 of 32 policies shall name both Landlord and Tenant (and, if applicable, Tenant's Lender) as additional insureds and cover all such operations on the Premises and Airport as required herein. 16. INDEMNITY. a. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THIS LEASE, TENANT AGREES, AND AGREES TO REQUIRE ITS SUBTENANTS, CONTRACTORS AND SUBCONTRACTORS, TO INDEMNIFY AND HOLD HARMLESS LANDLORD, AND ITS ELECTED OFFICIALS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (EACH A "LANDLORD RELATED PARTY" AND, COLLECTIVELY, THE "LANDLORD RELATED PARTIES ") FROM AND AGAINST ANY AND ALL LOSSES (AS HEREINAFTER DEFINED) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CONSTRUCTION TO BE PERFORMED ON THE PREMISES, OR THE OCCUPANCY, OPERATION, MAINTENANCE, ENJOYMENT OR USE OF ANY OF THE PREMISES BY TENANT UNDER THIS LEASE AND ARISING FROM ANY CAUSE WHATSOEVER, EXCEPT AS MAY BE CAUSED BY (I) CONDITIONS WHICH EXISTED ON THE PREMISES OR AT THE AIRPORT, AS APPLICABLE, PRIOR TO THE EFFECTIVE DATE, AND (I1) ANY MATTER FOR WHICH LANDLORD OR A SUBTENANT IS RESPONSIBLE PURSUANT TO THIS LEASE OR AN APPROVED SUBLEASE, AS APPLICABLE. IT IS FURTHER COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE SUCH LOSSES AND /OR SUITS ARISE IN ANY PART. FROM THE NEGLIGENCE OF ANY LANDLORD - RELATED PARTY UNDER THIS LEASE; PROVIDED, HOWEVER, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH (A) SHALL APPLY ONLY WHEN THE NEGLIGENT ACT OF LANDLORD OR A LANDLORD - RELATED PARTY IS A CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH OR DAMAGE, AND SHALL HAVE NO APPLICATION WHEN THE NEGLIGENT ACT OF ANY LANDLORD - RELATED PARTY IS THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH OR DAMAGE, AND (B) SHALL IN NO EVENT BE APPLICABLE TO ANY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD OR ANY LANDLORD - RELATED PARTY. b. The provisions of this Section 16 shall survive expiration or earlier termination of this Lease. For the purposes of this Lease, (i) "Losses" means any and all damage, liability, claims, demands, costs, charges, expenses and causes of action, including all reasonable costs of defense thereof, including attorneys' fees, of whatsoever character which may be incurred or sustained by a party or which a party may be legally obligated to pay on account of loss or damage to property and loss thereof, and for bodily injury to, or death of, any persons (including the Landlord- Related Parties or Tenant - Related Parties as hereinafter defined, as applicable) arising out of or in any way connected with any construction to be performed on the Premises, or the occupancy, operation, maintenance, enjoyment or use of the Premises or Airport, as applicable, by Tenant or Landlord, as applicable, under this Lease and arising from any cause whatsoever, except as expressly limited or negated herein, and (ii) "Tenant- Related Parties" means the officers, directors, managers, members, employees, agents, representatives and contractors of Tenant. C. With respect to all indemnification obligations of either Party pursuant to this Lease, each Party agrees that, upon commencement of any action against it or demand for payment in respect of which indemnity may be sought pursuant to this Lease, it will promptly give written notice of the commencement or demand thereof, specifying in detail the nature and the basis for the action or demand Stonewater USCG Facility Lease 12 -21 -12 Page 14 of 32 for payment to the party against whom indemnity shall be sought. Failure to give timely and proper notice shall reduce the obligations of the indemnifying party only to the extent such failure adversely impacts the indemnifying party. Such indemnifying party shall be entitled to participate at its own expense in the defense of such action or, if it so elects, to assume the defense of such action. In such event, such defense shall be conducted by counsel chosen by such indemnifying party and reasonably acceptable to the indemnified party, and the indemnified party shall bear the fees and expenses of any additional counsel retained by it. If the indemnifying party shall not elect to assume the defense of such action or claim, the indemnifying party will reimburse the indemnified party for the reasonable fees and expenses of counsel retained by it and reasonably approved by the indemnifying party. In the event that the parties to any such action or claim, including impleaded parties, include both parties and either (i) the indemnifying party and indemnified party mutually agree, or (ii) representation of both the indemnifying party and the indemnified party by the same counsel is inappropriate under applicable standards of professional conduct due to actual or potentially differing interests between them, then the indemnifying party shall not have the right to assume the defense of such action or the prosecution of such claim on behalf of such indemnified party and shall reimburse the indemnified party for the reasonable and actual fees and expenses of counsel retained by the indemnified party. The indemnifying party shall not be liable with respect to any settlement made by the indemnified party without prior written consent by the indemnifying party to such settlement. The indemnifying party shall not enter into any settlement, other than a settlement which involves the payment of money only and for which the indemnified party is totally indemnified by the indemnifying party, without the prior written consent of the indemnified party. Each party agrees to cooperate with the other in any defense and make available all pertinent records, materials and information in its possession or control relating thereto as is reasonably requested by the other party. 17. RESTORATION OF DAMAGE OR DESTRUCTION. In case of any damage to or destruction of the Improvements and/or Premises, or any part thereof, Tenant will promptly give written notice thereof to Landlord, unless less than One Hundred Thousand Dollars ($1 00,000) is involved, in which case no notice is required, and at Tenant's expense, whether or not the insurance proceeds, if any, shall be sufficient for the purpose, Tenant will promptly commence and complete with due diligence the restoration, repair, replacement or rebuilding (hereinafter collectively referred to as "Restoration ") of the damaged Improvements and/or Premises as shall be required under the Government Lease, or, in any event, to as nearly as possible its value, conditions and character immediately prior to such damage or destruction; provided, Tenant's obligations hereunder are subject to the rights of Tenant's Lender pursuant to the SNDA, if any, In case of extreme damage to or destruction of the Improvements and /or Premises used and occupied by the Occupant, the Parties shall consult and mutually agree as to whether or not Restoration is economically feasible. If the Parties agree that Restoration is not economically feasible, the Parties can agree to terminate this Lease, provided that the Authorized Sublease can likewise be terminated or the then current Subtenant consents to such termination. Subject to the provisions of the SNDA, if any, all net proceeds of insurance (after deducting the costs of adjusting the loss) received by Landlord or by Tenant on account of such damage or destruction shall be paid to Tenant and Tenant shall use the same to pay for the cost of Restoration. Subject to the superior rights of Tenant's Lender as set forth in the SNDA, if any, any insurance proceeds held by Stonewater USCG Facility Lease 12 -21 -12 Page 15 of 32 Tenant upon the completion of such Restoration shall be applied to any sum then owed by Tenant to Landlord under this Lease and any balance remaining shall be apportioned evenly between Landlord and Tenant. Tenant shall continue to be liable for payment of the rent for the remainder of the term of the Lease unless Tenant obtains a new tenant acceptable to Landlord, or alternately, Tenant is no longer in possession and Landlord obtains a new tenant. 18. TERMINATION BY LANDLORD. Without limiting any other rights and remedies to which Landlord may be entitled by common law, statutory law or as elsewhere provided in this Lease, if Tenant shall fail to (a) pay rent or other charges under this Lease and such failure has continued for a period of ten (10) business days after Tenant's receipt of written notice thereof from Landlord; or (b) perform, keep and observe any of the other terms, covenants or conditions herein contained on the part of Tenant to be performed, kept or observed, and such failure has continued for a period of thirty (30) days after Tenant's receipt of written notice thereof from Landlord (or, if the cure of such failure cannot be reasonably completed within such 30 -day period, then Tenant shall have the period of time as shall be reasonable to cure such failure, provided that Tenant commences such sure within such 30 -day period and thereafter diligent prosecutes such cure to completion), then Landlord may, subject to the provisions of the next paragraph, terminate this Lease upon ten (10) business days' prior written notice at any time prior to cure or correction of any such condition or default, and the term hereby demised shall thereupon cease and expire at the end of such ten (10) business days in the same manner and to the same effect as if it were the expiration of the original term. Notwithstanding the rights of Landlord as specified in the preceding sentence, Landlord agrees to send Tenant's Lender copies of any such notices which it gives Tenant at the same time said notices are sent to Tenant, and, subject to the terms and provisions of any applicable SNDA, Tenant's Lender shall be entitled to cure any such defaults and shall be afforded all rights of Tenant which are provided for in the following paragraph. Notwithstanding any provision of this Lease to the contrary, no default in the performance of the terms, covenants or conditions of this Lease on the part of Tenant or Landlord shall be deemed to continue if and so long as Tenant or Landlord, as the case may be, shall be delayed in or prevented from remedying the same by (1) strikes or other labor disputes, (2) acts of God or the public enemy, (3) any order, directive or other interference by municipal, state, federal or other governmental official or agency, or (4) any other cause reasonably beyond the control of Landlord or Tenant (with the exception of monetary obligations of either party), as the case may be; but if and when the occurrence or condition which delayed or prevented the remedying of such default shall cease or be removed, it shall be the obligation of Landlord or Tenant, as the case may be, without further delay, to commence or continue the correction of such default. Upon termination of this Lease, Tenant shall have ten (10) business days within which to remove its property, or (subject to the terms of any applicable NDA) to allow the Occupant to remove its property, from the Premises, and, if Tenant fails to remove its property, or (subject to the terms of any Stonewater USCG Facility Lease 12 -21 -12 Page 16 of 32 applicable NDA) the Occupant fails to remove its property. Tenant or its Subtenant, as applicable, shall continue to pay rent on a per diem basis for the period which said property remains on the Premises. Notwithstanding anything herein to the contrary, if Tenant is in default of any term, provision, covenant or condition of this Lease, Landlord agrees that, before it exercises any right of termination hereunder, it shall give written notice to the Subtenant and Tenant's Lender in accordance with any NDA executed by Landlord and the Subtenant, and the. Subtenant and /or Tenant's Lender shall have the right to cure Tenant's default as set forth in the NDA. 19. TERMINATION BY TENANT. Without limiting any other rights and remedies to which Tenant may be entitled by common law, statutory law, or as elsewhere provided in this Lease, Tenant shall have the right, subject to the foregoing provisions, upon written notice to Landlord (and upon written approval by Tenant's Lender, if applicable) to terminate this Lease upon the happening of one or more of the following events, if said event or events are then continuing: 1) The issuance by any court of competent jurisdiction or governmental authority of an injunction, order or decree (a) preventing or restraining the use of all or any substantial part of the Premises for the purposes intended hereby, (b) preventing or restraining the use of all or a part of the Airport for normal airport purposes, which may be used by Tenant and/or the Occupant and which is necessary for its or the Occupant's operations on the Airport, or (c) preventing Tenant and /or the Occupant from operating an aviation - related business or service and which injunction, order or decree remains in force for a period of at least sixty (60) consecutive days. 2) If Landlord defaults in any of the terms, covenants or conditions under this Lease and fails to cure the default or make substantial progress with regard thereto within sixty (60) days following receipt of written demand from Tenant to do so; rop vided, however, rather than terminate this Lease, Tenant may, at Tenant's election, elect to cure Landlord's default hereunder and, in such event, Landlord shall reimburse Tenant for all direct expenses incurred in connection with such curative action. 3) If all or a part of the Airport's infrastructure which is necessary to or required for the operation of Tenant's and /or the Occupant's business or service is damaged or destroyed such that Tenant or the Occupant cannot operate its business at the Premises and such damage or destruction is not rendered functional and operational within one hundred eighty (180) days after the occurrence thereof. 4) If, by reason of any action of Landlord, Tenant or the Occupant is unable to conduct business for a period of in excess of ninety (90) days in substantially the same manner or substantially to the same extent as prior to such action. 5) The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof that substantially restricts the Occupant from operating for at least ninety (90) days. Stonewater USCG Facility Lease 12 -21 -12 Page 17 of 32 6) Landlord's permanent abandonment of the Premises at the Airport. 7) The Government- Tenant terminates the Government Lease, in accordance with the terms and conditions thereof, because of any casualty to or condemnation of the Premises or any portion thereof. 20. TAKINGS. In the event of a taking of either the fee or of an casement necessary to the operation of the entire Premises, this Lease shall terminate as of the effective date of such taking. No termination pursuant to this section, however caused, shall impair or limit Tenant's obligation to pay to Landlord the rent and other charges payable by Tenant under this Lease up to the date of termination. The term "taking" means a taking of all or part of the Improvements or any interest therein or right accruing thereto as the result of, or in lieu of, condemnation or eminent domain (provided, Landlord agrees to timely advise Tenant in writing of any contemplated and /or actual condemnation which may adversely affect Tenant's and the Occupant's business at the Premises and /or Airport and, to the extent such contemplated and/or actual condemnation is of the Premises, or of ingress and egress to and from the Premises or Airport, or of any taxiway or runway at the Airport, to keep Tenant informed of, and reasonably include Tenant in, any related negotiations and/or proceeding). In the event of a taking of the Premises other than a total taking, this Lease shall remain in full force and effect as to the portion of the Premises remaining immediately after such taking, without any abatement or reduction of rent payable hereunder except as hereinafter provided in this section, and Landlord shall promptly restore the facilities in such manner and to such extent as shall be reasonably sufficient and suitable for Tenant's use and occupancy as contemplated by this Lease; provided, however, that Landlord's obligations hereunder are subject to the provision of any SNDA and Landlord shall not be obliged to spend any sum or sums for restoration in excess of the amount of the award received by Landlord pursuant to provisions hereinafter set out in this section. In the event of a taking of the Premises other than a total taking, and if such substantial part of the Improvements shall be taken with the result, determined in the good faith judgment of Tenant, that (i) the portion of the Improvements remaining after such taking (even if restoration were made) is unsuitable for use and occupancy by Tenant and the Occupant or (ii) that the Subtenant shall be permitted to terminate the Approved Sublease, and in fact give notice of such termination, then, for the purposes of this Lease, such taking shall be deemed to be a total taking of the type hereinabove described in this section. If a taking occurs as described in the preceding sentence, and if Landlord disagrees with Tenant's judgment that the remaining portion of the facilities would be unsuitable for use and occupancy, this Lease shall not terminate as of the date of such taking (as hereinabove required by this section) and Tenant and Landlord may request to have the matter settled by mediation in Corpus Christi, Texas, by a mutually agreed to mediator. The mediator shall be selected by the Parties within ten (10) days following the initiation of mediation hereunder. It is the intent of the Parties that any mediation shall be concluded as quickly as reasonably practicable. Each Party shall bear its own costs incurred in connection with the mediation and shall share equally the fees and expenses of the mediator. Stonewater USCG Facility Lease 12 -21 -12 Page 18 of 32 In the event of a taking resulting in termination hereof under this section, subject to the provisions of the SNDA, if any, Tenant shall participate in the aggregate of all amounts awarded with respect to the taking, including any amounts awarded with respect to the termination of this Lease, in whole or in part, as follows: (1) There shall be first paid to Tenant an amount equal to the greater of the appraised value or book value of Tenant's leasehold interest, such appraised value to be determined by an appraisal conducted by a qualified, reputable, third party appraiser reasonably selected by Landlord who shall hold a MAI designation and have not less than ten (10) years of experience in appraising fair market rental values of aviation - related improvements. (2) All sums awarded to Tenant for moving expenses and the taking of Tenant's Removables shall be the property of Tenant. (3) Any excess shall be paid to Landlord. Subject to the provisions of the SNDA, if any, in the event of any partial taking, Tenant shall participate in aggregate of all amounts awarded with respect to the taking, including any amounts awarded with respect to partial termination of this Lease as follows: (x) There shall first be paid to Tenant an amount equal to the lesser of the appraised value or book value of that portion of Tenant's leasehold interest, which is taken (determined in accordance with clause (1) above). (y) All sums awarded to Tenant for moving expenses and taking of Tenant's Removables shall be the property of Tenant. (z) Any excess shall be paid to Landlord or to Tenant, as their interests may appear, for restoration of the facilities pursuant to Section 17 hereof. In the event of a taking other than a total taking, each monthly installment of rent hereunder shall be reduced, commencing with the first rent payment date following the date of such taking, by an amount determined by multiplying the number of square feet of land taken by the prevailing rental rate. 21. NON - DISCRIMINATION AND AFFIRMATIVE ACTION. a. Tenant, for itself and as a requirement for any Subtenant subject thereto, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any Improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and (3) Tenant will cause, to the best of its ability, the Premises to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E, Non - Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of Stonewater USCG Facility Lease 12 -21 -12 Page 19 of 32 the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. b. This Lease is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. Tenant, for itself and as a requirement for any Subtenant, agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. C. if Tenant is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non - discrimination covenant, or to have permitted any Subtenant to deliberately breach a non - discrimination covenant, Landlord may immediately enforce the remedies directed by the Court's decision, which may include Landlord's right to reenter the Premises, retake possession thereof and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. d. Tenant shall cause to be implemented an affirmative action program as required by 14 CFR Part 152, Subpart E, to provide (i) that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E; (ii) that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that Subpart; (iii) that third parties otherwise retained by Tenant or its designee shall provide similar assurances to Tenant or its designee to undertake affirmative action programs and to require assurances from their sub - organizations, as required by 14 CFR Part 152, Subpart E. Tenant or its designee, at no expense to Landlord, shall comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended, with respect to the Premises. 22. ENVIRONMENTAL REQUIREMENTS. a. Tenant will observe, obey and adhere to, and will cause the Tenant - Related Parties to observe, obey, and adhere to, all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises, including but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, neither Tenant nor its designee shall knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances or waste on or near the Premises without the Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. b. The foregoing provisions shall not prohibit the transportation to and from, and use, storage, maintenance and handling within, the Premises of substances customarily used in the operation of United States Coast Guard facilities, provided; (a) such substances shall be used only in quantities as are reasonably necessary for such permitted use of the Premises, strictly in accordance with applicable law and the manufacturers' instructions, (b) such substances shall not be disposed of, released or discharged on the Premises, and shall be transported to and from the Premises in compliance with all applicable laws, Stonewater USCG Facility Lease 12 -21 -12 Page 20 of 32 and (c) any such substances shall be completely, properly and lawfully removed from the Premises upon expiration or earlier termination of this Lease. C. During the Lease term, Landlord will observe, obey, and adhere to, and will cause the Landlord- Related Parties to observe, obey and adhere to, all environmental laws, rules, regulations, orders and permits applicable to Landlord's operations, processes, use and occupation of the Airport, and Landlord will refrain from any and all acts, uses or processes on or at the Airport which are not in full conformity with such environmental laws. d. Tenant shall assume no liability with respect to any pre - existing environmental conditions, and nothing in this Lease shall be deemed to be an assumption by Tenant of any liability relating to any pre - existing environmental conditions on the Premises or elsewhere. Tenant and Government- Tenant shall have the right, at its sole cost and expense, to perform a Phase I and a Phase II environmental site assessment (an "ESA ") on the Premises prior to the date Tenant commences construction thereon, which assessment the Parties agree shall establish a baseline with respect to the existing environmental condition of the Premises. If the ESA reflects any environmental contamination that requires remediation or other treatment under applicable environmental laws, Landlord and Tenant may agree to perform, or cause to be performed, such remediation or other treatment as so required, in which case the cost of such remediation or other treatment shall be paid by Tenant as a cost of the initial development of the Premises. If, however, the Parties cannot reach agreement with respect to the performance of any necessary remediation or other treatment, then either Party may request to have the matter settled by mediation in Corpus Christi, Texas, by a mutually agreed to mediator, The mediator shall be selected by the Parties within ten (10) days following the initiation of mediation hereunder. It is the intent of the Parties that any mediation shall be concluded as quickly as reasonably practicable. Each Party shall bear its own costs incurred in connection with the mediation and shall share equally the fees and expenses of the mediator. If the Parties fail to resolve this issue at mediation, or if the Parties otherwise mutually agree not to proceed with such remediation, then Tenant may elect, in writing delivered to Landlord, to terminate this Lease without any further liability or obligation hereunder. e. If Tenant or its designee determines that a threat to the environment, including but not limited to a release, discharge, spill or deposit of a hazardous or regulated substance, has occurred or is occurring which affects or threatens to affect the Premises, or the persons, structures, equipment or other property thereon, Tenant or its designee must notify the Director immediately by oral report, in person or by telephone, which notification shall be promptly confirmed in writing to the Director as required by law or regulation. Tenant shall require any Subtenant to cooperate fully with the Director in promptly responding to, reporting, and remedying a threat to the environment, including, without limitation, a release or threat of release of hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. f. Tenant or the Occupant (or their respective designees) shall keep a readily accessible file of Materials Safety Data Sheets ( "MSDS") for each Hazardous Substance on site or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to report of a discharge of a hazardous substance on the Premises. Tenant will require any operator of any building improvements or facilities on the Premises to Stonewater USCG Facility Lease 12 -21 -12 Page 21 of 32 use good faith efforts to determine which hazardous substance was accidentally discharged and have that MSDS sheet available for the first responders to the Premises. g. Tenant shall cause prompt remediation and the payment of all costs (including fines) associated with any action or inaction of Tenant or its designee or Subtenant(s) that results in environmental contamination and/or directly or indirectly prevents the Airport from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits. The rights and obligations set forth in this subsection shall survive the earlier expiration or termination of this Lease. h. IN ADDITION TO THE ABOVE, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, (1) TENANT AGREES AND AGREES TO REQUIRE ITS SUBTENANTS, CONTRACTORS AND SUBCONTRACTORS TO INDEMNIFY LANDLORD AND THE LANDLORD- RELATED PARTIES FOR ALL EXPENSES INCURRED AND /OR LOSSES SUSTAINED, OR PENALTIES IMPOSED BY AGENCIES BY LAW AUTHORIZED TO DO SO, ARISING OUT OF THE FAILURE OF TENANT AND THE TENANT - RELATED PARTIES TO OBSERVE, OBEY, ADHERE TO, AND CONFORM TO APPLICABLE ENVIRONMENTAL LAWS AT OR ON THE PREMISES; AND, TO THE EXTENT ALLOWABLE BY LAW, LANDORD WILL INDEMNIFY AND HOLD TENANT AND THE TENANT - RELATED PARTIES HARMLESS FROM ANY AND ALL LOSSES INCURRED BY TENANT OR A TENANT - RELATED PARTY ARISING DURING THE LEASE TERM FROM OR IN CONNECTION WITH (A) ANY PRE - EXISTING ENVIRONMENTAL CONDITIONS, (B) ENVIRONMENTAL CONTAMINATION CAUSED BY LANDLORD OR ANY LANDLORD - RELATED PARTY, (C) LANDLORD'S OR A LANDLORD - RELATED PARTY'S FAILURE TO COMPLY WITH ITS ENVIRONMENTAL OBLIGATIONS SET FORTH ABOVE, OR (D) THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS PREDECESSOR IN TITLE AND LANDLORD - RELATED PARTIES. THIS PROVISION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. 23. ACCESS TO AND USE OF AIRPORT. a. Right to Use Airport. Tenant and the Occupant shall have the right to use the Airport and its facilities in common with others authorized to do so, such use being subject to any and all applicable laws and the Rules and Regulations (defined below), including any limitations, restrictions or prohibitions affecting the aviation activities or operations of Tenant or the Occupant. The Occupant shall not be required to pay any landing fees to Landlord. Tenant agrees to reasonably cooperate with Landlord and Occupant to facilitate any agreements, if any, needed for Occupant to operate at the Airport. b. Access to Aircraft Operations Area. Tenant and the Occupant shall have reasonable access to the Airport's Aircraft Operations Area ( "AOA "), provided such access is obtained in accordance with all applicable FAA and Airport security procedures. Movement of all aircraft and persons from the Premises into the AOA and from the AOA into the Premises shall be cleared in accordance with Airport and FAA rules and regulations. Tenant, or its Subtenants, shall be primarily responsible for the opening and closing of any security gates and/or doors permitting access to the Premises from the AOA. Stonewater USCG Facility Lease 12 -21 -12 Page 22 of 32 C. Vehicle Operations Within the AOA. No vehicles owned or operated by Tenant or the Occupant will be allowed to operate within the Movement or Non - Movement Areas of the AOA except in accordance with the regulations of the FAA and the Airport d. Airport Certification Rules and Regulations: Tenant and the Occupant shall comply with such rules that pertain to its operation on the Airport under the Airport Certification Rules of the Federal Aviation Regulations, Part 139, as amended 14 CFR Part 139, as amended. e. Airport Security Rules and Regulations: Tenant and the Tenant - Related Parties shall comply with all federal and local Airport security regulations adopted by the Landlord pursuant to 14 C.F.R. Part 107, or subsequent federal security regulations, as such rules and regulations exist or may hereafter be amended. TENANT AGREES TO INDEMNIFY AND HOLD HARMLESS LANDLORD, ITS OFFICERS AND EMPLOYEES, FROM ANY CHARGES, FINES OR PENALTIES THAT MAY BE ASSESSED OR LEVIED BY THE FAA OR THE TRANSPORTATION SECURITY ADMINISTRATION, BY REASON OF THE NEGLIGENT OR INTENTIONAL FAILURE OF TENANT OR ITS SUBTENANTS OR A TENANT - RELATED PARTY TO COMPLY WITH SUCH AIRPORT SECURITY REGULATIONS, REGARDLESS OF WHETHER THE FINE, CHARGE OR PENALTY IS LEVIED AGAINST LANDLORD, TENANT OR ITS DESIGNEE. f. 14 C.F.R, Part 77 Requirements: Tenant agrees to comply with the notification and review requirements set forth in Part 77 of the Federal Aviation Regulations, 14 CFR Part 77, in the event any future structure, antenna or building is planned for the Premises, or in the event of any planned modification of any present or future building, antenna or structure located on the Premises. g. Control of Structures: Tenant shall not erect or permit the erection of any structure or object, or permit the growth of any tree on the Premises which highest point is above a mean sea level elevation established by the FAA and Landlord as a height limitation on such structures or objects. Following Landlord's written notice to Tenant provided in accordance with this Lease, Landlord reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree at Tenant's expense, plus an administrative charge of fifteen percent (15 %). h. Aerial Approaches: Landlord reserves the right, for itself and the Director, to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, including the right to prevent Tenant from erecting or permitting to be crected any building or other structures on or adjacent to the Airport which, in the reasonable judgment of the Director, would limit the usefulness of the Airport or constitute a hazard to aircraft. i. Right to Overflight: Subject to any applicable Security Requirements, there is hereby reserved to Landlord, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from or operating on the Airport. j. Conflicts with Specific Use Laws. The Parties acknowledge that there may be some Specific Use Laws that are contrary to or conflict with the laws, rules and regulations described in this Section 23. In such event, unless Federal law specifically addresses the manner in which such conflict Stonewater USCG Facility Lease 12- 211 -12 Page 23 of 32 shall be resolved, Landlord agrees that, while the Government - Tenant is a Subtenant of the Premises, such Specific Use Laws shall take precedent to such other laws, rules and regulations and the Government- Tenant shall be required to first comply with the Specific Use Laws applicable to its use and operation of the Premises, and then to all other Federal, state and municipal laws, rules and regulations to the extent not in conflict with the Specific Use Laws. 24. QUIET ENJOYMENT,. Landlord covenants that it has the authority to execute this Lease, that at commencement of the Lease, Landlord has good title to the Premises and that throughout the term hereof, subject to the payment of rent and other charges herein provided and the performance of the covenants and agreements to be performed by Tenant, its successors and assigns, or its Subtenants, Tenant shall have and peaceably enjoy the Premises and the rights and facilities herein granted and to the extent herein granted. Landlord agrees to remedy any violation of quiet enjoyment caused by Landlord or one of the other tenants of the Airport and to honor Tenant's tenancy for the term of the Lease. 25. OTHER FEES AND CHARGES. Landlord agrees that no charges, fees or tolls except those expressly provided for, or except those provided for in the Rules and Regulations for conduct of the Airport, should be assessed by Landlord against Tenant, its successors and assigns, or its Subtenants, for the purpose of entering or leaving the Airport, or for other privileges granted to Tenant in accordance with the provisions of this Lease. 26. REPAIR OR DAMAGE. Tenant shall, at its sole expense without reimbursement from Landlord, repair any damage caused to real or personal property of Landlord, wherever situated on the Airport, by the careless or negligent acts or omissions of a Tenant- Related Party while acting in the regular course of Tenant's business, or shall, at the option of Landlord, reimburse Landlord for the cost of repairs and replacements, accomplished by Landlord. 27. SURRENDER OF PREMISES. Subject to the terms hereof .regarding Tenant's and the Occupant's Removables, upon the expiration or termination of this Lease, Tenant shall deliver the Premises to Landlord peaceably, quietly and in as good condition as the same now are or may be hereafter improved by Tenant or the Subtenant or Landlord, normal use and wear thereof excepted. 28. RULES AND REGULATIONS. Tenant agrees to observe and obey all rules and regulations promulgated from time to time by the Director governing the safe conduct and efficient operation of the Airport and its facilities (the "Rules and Regulations "), except that Landlord agrees that any such Rules and Regulations promulgated shall not be inconsistent with this Lease or any legally authorized rule or regulation of the FAA, or subsequent authoritative agency, and Landlord shall provide Tenant thirty (30) calendar days prior written notice of Stonewater USCG Facility Lease 12 -21 -12 Page 24 of 32 any amendments of the Rules and Regulations. A current copy of the Rules and Regulations will be kept at all times on file in the Director's office. 29. THIRD PARTY BENEFICIARY. Landlord and Tenant acknowledge and agree that Tenant's Lender will provide funds to construct the initial Improvements on the Premises and, due to this fact and in exchange for other good and valuable considerations, Landlord and Tenant agree that Tenant's Lender, its successors and assigns, is a third party beneficiary for purposes of all provisions of this Lease which benefit Tenant's Lender and, as such, Tenant's Lender has the right to enforce such provisions. Furthermore, Landlord and Tenant acknowledge, consent and agree that Tenant will be executing loan documents which assign in trust Tenant's interest in this Lease and that upon the foreclosure of said rights, if such a foreclosure should occur (or in the event of a deed in lieu of foreclosure or other similar proceeding), the purchaser at said foreclosure sale (or grantee in a deed in lieu of foreclosure or otherwise) shall, subject to the terms of the SNDA, acquire Tenant's rights and obligations under this Lease. 30. NOTICE TO THE PARTIES. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or by facsimile (followed by written notice confirmed by mail or other delivery service, as addressed below: If to Landlord: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Ph: (361) 826 -3220 Facsimile: (361) 826 -3839 with a copy to: City Attorney P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Ph: (361) 826 -3360 Facsimile: (361) 826 -3239 with a copy to: Director of Aviation Corpus Christi International Airport 1000 International Corpus Christi, Texas 78406 Ph: (361) 289 -0171 Facsimile: (361) 826 -4434 Stonmater USCG Facility Lease 12 -21 -12 Page 25 of 32 If to Tenant: FDL — CC, LLC c/o FD Stonewater 1001 19"' Street, Suite 930 Arlington, Virginia 22209 Attn.: Claiborne Williams Ph: (703) 537 -7653 with a copy to: Raymond J. Brimble Lynxs Group LLC 106 E. 6th Street, Suite 550 Austin, Texas 78701 Ph: (512) 539 -2205 Facsimile: (512) 539 -2211 with a copy to: Leasehold Mortgagee Ph: (_ ) Facsimile: �} or at such other address as Landlord or Tenant may designate in writing. 31. LEASEHOLD MORTGAGE. As used herein, "Leasehold Mortgage" means the mortgage, deed of trust or other indenture creating a lien on Tenant's leasehold interest in this Lease given by Tenant to Leasehold Mortgagee to secure repayment of funds advanced or to be advanced by a Leasehold Mortgagee to Tenant to construct the Improvements. As used herein, "Leasehold Mortgagee" means Tenant's Lender and any other mortgagee or beneficiary under the Leasehold Mortgage. Subject to the conditions set forth herein, Tenant shall be permitted to encumber its leasehold interest created hereunder with a Leasehold Mortgage, solely for the purpose of (1) obtaining the Construction Financing, together with any additional financing required for any additional construction or alterations made subsequent to the initial construction, or (2) refinancing the Construction Financing; provided, however, that with respect to the financing described in clause (2) above, the principal amount of any loan secured by a Leasehold Mortgage must not be greater than the original principal amount of the Construction Financing, including any financing for additional construction or alterations made subsequent to the initial construction of the Improvements. Notwithstanding anything to the contrary herein, the Parties agree that any Leasehold Mortgage shall in no way affect or diminish Landlord's interest in the Premise or its rights under the Lease, nor relieve Tenant of any of its obligations hereunder, and in no event shall Landlord's interest in this Lease be subordinate to such Leasehold Mortgage. The malting of any Leasehold Mortgage hereunder shall not be deemed to constitute an assignment or transfer of this Lease, nor will any Leasehold Mortgagee be deemed as assignee or transferee of this Lease. Stonewater USCG Facility Lease 12 -21 -12 Page 26 of 32 With respect to Leasehold Mortgages, the Parties agree as follows: 1) No Leasehold Mortgage shall be binding upon Landlord in the enforcement of its rights and remedies under this Lease unless and until a copy thereof has been delivered to the Director; 2) Landlord agrees to execute an estoppel certificate and any other similar documentation as may reasonably be required by a Leasehold Mortgagee so as to certify to the status of this Lease and to the performance of Tenant hereunder as of the date of said certification; 3) Tenant shall furnish the Director a written notice setting forth the name and address of any Leasehold Mortgagee; 4) If a Leasehold Mortgagee or a purchaser at foreclosure of the Leasehold Mortgage acquires Tenant's leasehold interest in the Premises by virtue of the default of Tenant under the Leasehold Mortgage or otherwise, this Lease will continue in full force and effect so long as Leasehold Mortgagee or the purchaser at foreclosure is not in default hereunder, including the obligation to timely pay rent. For the period of time during which Leasehold Mortgagee or any purchaser at foreclosure of a mortgage holds Tenant's leasehold interest in the Premises, the Leasehold Mortgagee or said purchaser shall be liable and fully bound by the provisions of this Lease. 5) Any notice from Landlord affecting the Premises shall be simultaneously delivered to Tenant and said Leaschold Mortgagee at its address provided by Tenant to Landlord, and no notice of default or termination of this Lease affecting the Premises given by Landlord shall be deemed legally effective until and unless like notice has been given by the Director to said Lcasehold Mortgagee; 6) Any Leasehold Mortgagee entitled to notice hereunder shall have any and all rights of Tenant with respect to the curing of any default hereunder by Tenant; and 7) Tenant must provide any Leasebold Mortgagee with notice of any proposed modification, If Landlord elects to terminate this Lease for any material default by Tenant with respect to the Premises, the Leasehold Mortgagee that has become entitled to notice hereunder has, not only any and all rights of Tenant with respect to the curing of any default, but also the right to postpone and extend the specified termination date of the Lease ( "Leasehold Mortgagee's Right to Postpone "), contained in any notice of termination by Landlord to Tenant ( "Termination Notice "), for a maximum of ninety (90) days, subject to the following conditions: 1) Leasehold Mortgagee must give the Director written notice of the exercise of Leasehold Mortgagee's Right to Postpone at least ten (10) days prior to the date of termination specified by the Director in the Termination Notice and simultaneously pay to Landlord all Stonewater USCG Facility Lease 12 -21 -12 Page 27 of 32 amounts required to cure all defaults then existing (as of the date of the exercise of Leasehold Mortgagee's Right to Postpone) which may be cured by the payment of a sum of money. 2) If Leasehold Mortgagee's Right to Postpone is exercised, Leasehold Mortgagee must pay any sums and charges which may be due and owing by Tenant and promptly undertake to cure, diligently prosecute, and as soon as reasonably possible, complete the cure of all defaults of Tenant with respect to the Premises which are susceptible to being cured by Leasehold Mortgagee. Leasehold Mortgagee's exercise of its Right to Postpone may extend the date for the termination of this Lease specified in the Termination Notice for a maximum of six (G) months. 3) If, before the date specified for the termination of this Lease as extended by a Leasehold Mortgagee's exercise of its Right to Postpone, Leasehold Mortgagee has performed and observed all of Tenant's covenants and conditions under the Lease with respect to the Premises and no further defaults with respect to the Premises have occurred which have not been timely cured, then all defaults under this Lease, with respect to the Premises, will be deemed to have been cured and the Termination Notice will be deemed to have been withdrawn. 4) Nothing herein may be deemed to impose any obligation on Landlord's part to deliver physical possession of the Premises to a Leasehold Mortgagee. 5) If more than one Leasehold Mortgagee seeks to exercise any of the rights provided for in this Section 31, the most senior lien holder is entitled, as against the others to exercise said rights. Should a dispute arise among Leasehold Mortgagees regarding the priority of lien, Leaschold Mortgagees must provide evidence substantiating the correct priority of the competing liens to the satisfaction of the City Attorney prior to taking any action with respect to exercising said lienholder rights. 32. SUBORDINATION TO U.S. GOVERNMENUIFAA REGULATIONS. Notwithstanding anything to the contrary herein, this Lease is subordinate to the provisions of any existing or future agreement between Airport and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. 33. RADIO ANTENNA. Subject to the Director's prior written approval as to height and location, which will not be unreasonably withheld, conditioned or delayed, Tenant or the Subtenant, as the case may be, may furnish and install at its own expense, a radio antenna either adjacent to the Improvements but within the Premises, or on the roof of the Improvements to be constructed on the Premises, subject to (a) any and all federal, state and local laws, ordinances, statutes, rules, regulations and orders applicable thereto; (b) Tenant's or the Subtenant's, as the case may be, obtaining any and all building and other permits, licenses and other approvals with respect thereto (unless otherwise exempt therefrom); (c) the antenna and building both must be structurally sound and not adversely affect the soundness of, or the condition of, the roof and /or other parts of such building improvements; and (d) any and all costs of maintaining and operating the same must be paid entirely by Tenant or its designee. Upon the expiration or earlier Stonmater USCG Facility Lease 12 -21 -12 Page 28 of 32 termination of this Lease, Tenant shall cause the removal of the antenna(s) and the restoration of any damage to the building improvements and Premises caused by the installation and /or removal thereof. Tenant shall be responsible for all costs for the repair and maintenance of said installation of the antenna. 34. DELEGATION. Any obligations of Tenant required by this Lease may be delegated to the Subtenant by the terms of the Approved Sublease, or to any other designee of Tenant, provided that such delegation shall not relieve Tenant of its liability and responsibilities under this Lease. 35. TAX REPORTING. The Parties acknowledge and agree that, strictly for purposes of federal income tax reporting and in compliance with all applicable Federal tax laws, Tenant intends to report all income and expenses relative to this Lease and the operation of the Premises as though this Lease were a partnership. Tenant shall pay Tenant's share of income taxes out of Tenant's own funds. Landlord agrees that it shall not take any action or file any report or return that is inconsistent with such treatment and characterization, unless required by applicable law or if such treatment or characterization causes Landlord to be liable for any taxes or other liabilities for which it would otherwise not be liable. 36. ESTOPPELS. Both Parties agree that at any time and from time to time at reasonable intervals, within ten (10) business days after written request by the other Party, said Party will execute, acknowledge and deliver to the designee designated by the other Party, a certificate in a form as may from time to time be provided, certifying to the extent true and correct the following, as well as any other provision reasonably requested by the other party: (a) that the Occupant has entered into occupancy of the Premises and the date of said entry if requested; (b) that this Lease is in full force and effect, and has not been assigned, modified, supplemented or amended in any way (or if there has been any assignment, modification, supplement or amendment, identifying the same); (c) that this Lease represents the entire agreement between Landlord and Tenant as to the subject matter hereof (or if there has been any assignment, modification, supplement or amendment, identifying the same); (d) the date of commencement and expiration of the term; (e) that all conditions under this Lease to be performed by Landlord, if any, have been satisfied (and if not, what conditions remain unperformed); (f) that to the knowledge of the signor of said writing, no default exists in the performance or observance of any covenant or condition in this Lease and there are no then existing defense or offsets against the enforcement of this Lease by Landlord, or, instead, specifying each default, defense or offset of which the signor may have knowledge; and (g) the amount of rent or other charges, if any, that has been paid in advance and the amount of security, if any, that has been deposited with Landlord. 37. LANDLORD'S LIEN. Landlord hereby waives any right to a statutory or contractual landlord's lien or similar lien on any Removables of Tenant or the Occupant. Landlord agrees, at the request of Tenant, to execute a waiver of any Landlord's or similar lien for the benefit of any present or future holder of a security interest in or lessor of any of trade fixtures or any other personal property of Tenant or the Occupant. Stonewater USCG Facility Lease 12 -21 -12 Page 29 of 32 Landlord acknowledges and agrees in the future to acknowledge (in a written form reasonably satisfactory to Tenant) to such persons and entities at such times and for such purposes as Tenant may reasonably request that Removables owned by Tenant are Tenant's property and not part of Improvements (regardless of whether or to what extent such Removables are affixed to the Improvements) or otherwise subject to the terms of this Lease. 38. FORCE MAJEURE. Neither Landlord nor Tenant will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of Force Majeure. "Force Majeure" means any act that (a) materially and adversely affects the affected Party's ability to perform the relevant obligations under this Lease or delays such affected Party's ability to do so, (b) is beyond the reasonable control of the affected Party, (c) is not due to the affected Party's negligence or willful misconduct and (d) could not be avoided by the Party who suffers it by the exercise of commercially reasonable efforts (provided that such commercially reasonable efforts shall not require such Party to expend a material amount of money to avoid the act giving rise to a Force Majeure). Subject to the satisfaction of the conditions set forth in (a) through (d) above, Force Majeure shall include, but not be limited to,; (i) natural phenomena, such as storms, wind, floods, lightning and earthquakes; (ii) wars, civil disturbances, revolts, insurrections, terrorism, sabotage and threats of sabotage or terrorism; (iii) transportation disruption, whether by ocean, rail, land or air; (iv) strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party; (v) fires; and (vi) the unavailability of necessary and essential equipment and supplies; provided, however, that under no circumstances shall Force Majeure include any of the following events: (A) economic hardship; (B) changes in market condition; or (C) weather conditions which could be anticipated by experienced contractors operating at the relevant location and exercising commercially reasonable business judgment. 39. MISCELLANEOUS. a. Landlord expressly reserves all water, gas, oil and mineral rights in and under the soil beneath the Premises, but testing for and/or removal of any such gas, oil, or minerals shall be done in a manner so as not to materially disturb the Premises or disrupt the operation of the business being conducted thereon. b. If any provision of this Lease shall be to any extent held invalid or unenforceable, the remainder of this Lease shall not be deemed affected thereby. C. This Lease shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without resort to conflicts of laws principles. d. Any failure or neglect of Landlord or Tenant at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive Landlord's or Tenants right thereafter to declare a forfeiture for like or other or succeeding breach or default C. Whenever a consent or approved is required, or a party is required to undertake any action hereunder, such consent, approval or action shall not be unreasonably withheld, conditioned or delayed. Stonewater USCG Facility Lease 12 -21 -12 Page 30 of 32 f. Whenever the parties are required to agree on the selection of a professional to be engaged by or on behalf of the parties, a party's selection shall be acceptable so long as such firm is a recognized firm with (or such individual has) all required licenses to conduct the subject business and meets other applicable industry standards. g. If either party fails to require the other to perform a term of this Lease, that failure does not prevent the party from later enforcing that term and all other terms. If either party waives the other's breach of a term, that waiver does not waive a later breach of this Lease. h. This Lease may be amended only by written instrument executed on behalf of Landlord and Tenant, and, if applicable, Tenant's Lender. i. This Lease shall be binding on and inure to the benefit of Landlord and Tenant and their respective permitted successors and assigns. j. Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. k. This Lease may be executed in any number of duplicate counterparts, each of which shall be deemed to be an original of this Lease for all purposes. 1. This Lease and the exhibits attached hereto set forth the entire agreement of the Parties with respect to lease of the Premises. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind, exist between the parties regarding this Lease. [signature page follows] Stonewater USCG Facility Lease 12 -21 -12 Page 31 of 32 IN TESTIMONY WHEREOF, the Parties have hereunto set their hands in duplicate effective as of the Effective Date. Attest: Armando Chapa City Secretary Date: EXHIBITS: Exhibit A - Initial Development Provisions Exhibit A -I - GSA Lease Prospectus Exhibit A -2 - Utility Infrastructure Exhibit A -3 - Insurance Requirements Exhibit B - Premises Description Exhibit C - Government Lease LANDLORD: CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Date: TENANT: FDL -CC, LLC, a Texas limited liability company r By: �V Name: Ni6ovitt 61;1N6,M5 Title: Manager Date: V1/7.16 1 1 Z Stonewater USCG Facility Lease 12 -21 -12 Page 32 of 32 Exhibit A INITIAL DEVELOPMENT PROVISIONS These Initial Development Provisions are attached to and form a part of that certain Ground Lease dated April 14, 2013 (the "Lease "), by and between the City of Corpus Christi, a Texas home -rule municipal corporation (herein, "Landlord"), and FDL — CC, LLC, a Texas limited liability company (herein, "Developer "). All capitalized terms used in this exhibit, unless specifically defined herein, shall have the meanings ascribed to them in the Lease. 1. Development of Improvements a. Improvements. As of the date of this Lease, the DHS Facilities are intended to be comprised of three structures: (i) a three -story command and control building of approximately 58,000 square feet; (ii) a two -story hangar building of approximately 114,000 square feet; and (iii) a one -story ground support building of approximately 8,000 square feet; all being more particularly described in the GSA Lease Prospectus attached hereto as Exhibit A -1. The DHS Facilities and all required ramps and improvements related thereto or otherwise required to be constructed under the terms of the Government Lease (collectively, "Initial Improvements "), shall be developed and constructed by Developer in accordance with and subject to the Government Lease and the terms and provisions of this Exhibit A. b. Plans and Specifications, Prior to constructing the Initial Improvements, Developer shall cause to be prepared, by competent and licensed architects and engineers of recognized standing, complete plans and specifications therefor, and such plans and specifications shall be submitted to the Director for approval, which approval shall not be unreasonably withheld. Developer may not make any substantial changes or alterations to said plans or specifications after initial approval by the Director without further written approval by the Director; provided, however, such approval shall not be required with respect to any changes or alterations made to the DHS Facilities at the request of the Government - Tenant, so long as such changes or alterations comply with all municipal fire, building and other applicable city, state and federal regulations and code requirements, including any landscaping or design requirements of the Airport and the terms and provisions of any required building permits (collectively, "Building Regulations "). All plans and specifications for any Initial Improvements, and all renovations, remodeling, refurbishing and construction upon the Premises, must comply with all applicable Building Regulations, unless otherwise exempt therefrom. Such plans and specifications are subject to final submission and permit review by Landlord, in the ordinary course of Landlord's business. Developer will coordinate design and construction with Landlord, and Landlord will promptly approve in writing all plans and design - related change orders through completion of the Initial Improvements; provided, however, if Landlord shall fail to approve or disapprove any such plans and specifications submitted by Developer hereunder within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have approved same. All construction, including workmanship and materials, must be of first -class quality. As used herein, the term "first class quality" means of the same quality as materials used to construct other buildings used for the same or similar purposes already constructed on the Airport. Exhibit A, Page 1 of 6 C. Construction. After Landlord's approval (or deemed approval) of the plans and specifications for the Initial Improvements, Developer will enter into a construction contract with a reputable, licensed contractor, and will cause all such work reflected by such plans and specifications to be performed by such contractor. The Parties agree that Developer will use best efforts to award a minimum of eighty percent (80 %) of the value of the construction costs for the Initial Improvements to qualified contractors located within a fifty (50) mile radius of Nueces County. In the event that Developer does not believe that sufficient qualified contractors are available at competitive rates, then it may request an exemption in writing from Landlord identifying the reasons that Developer is unable to satisfy such goal. Landlord shall consider such request in good faith and shall provide its written response thereto with ten (10) business days after its receipt of such request. Developer must include in all construction contracts entered into for the construction of the Initial Improvements a provision requiring the contractor to indemnify, hold harmless, defend and insure the Parties, including their respective officers, agents and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the construction work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of either of the Parties or their respective officers, agents or employees. Developer must also furnish, or require the contractor to furnish, insurance as required in Section 15 of the Lease. During such construction, Developer shall be responsible for causing the Premises to be kept in good order and condition in accordance with commercially reasonable standards. Developer will coordinate all construction traffic within the Airport boundaries with the Director so as to not inhibit regular airport traffic and to keep roadways safe and clean. All construction parking and staging will occur on the Premises unless agreed to by the Director in writing. Developer will also coordinate with Landlord and the FAA any construction activities that are reasonably anticipated to affect the operations of the Airport. During the progress of all work, the Director or another duly authorized representative of Landlord may enter upon the Premises and make such inspections as may be reasonably necessary for the purpose of satisfying Landlord that the work or construction is being performed in accordance with the terms and provisions of this Lease, provided that Landlord shall not unreasonably interfere with the progress of such work. Upon completion of the construction of any Initial Improvements and prior to the occupancy thereof by the Occupant, Developer shall provide a copy of the certificate of occupancy (or its local equivalent) therefor to the Director. d. Bonding. Prior to the commencement of the construction of any Initial Improvements, Developer shall provide Landlord with a completion and performance bond in an amount sufficient to fully fund the construction of the Initial Improvements in accordance with the Government Lease. C. Utilities. Developer shall be responsible for arranging and paying for, at its sole cost, all utility connections necessary for utilizing the Premises and all utilities required under the plans and specifications for the Initial Improvements; row, however, Landlord shall assist and reasonably cooperate with Tenant, at no cost to Landlord, in making available to the Premises property line the Exhibit A, Page 2 of 6 Existing Utility Infrastructure as described or depicted on Exhibit A -2 attached hereto, it being understood and agreed that Tenant shall accept the Existing Utility Infrastructure in their current, existing locations, on an "AS IS," "WHERE IS" basis, with no obligation on the part of Landlord to provide or construct any utilities not described or depicted in Exhibit A -2. Utility usage will be billed directly to Developer and paid for by Developer unless and until Developer has delegated the responsibility for utility payments to the Government - Tenant. f. Aviation - Related Infrastructure. The Parties agree that Developer shall construct and install any required improvements as shall be necessary or desirable for the intended operation of the DHS Facilities (the "Aviation Related Infrastructure ") as part of its construction of the Initial Improvements, such construction to be in accordance with plans and specifications therefor approved by the Parties. The Parties acknowledge that Federal funds may be available for all or part of the construction of the Aviation- Related Infrastructure, and the Parties agrees to work together in good faith to obtain such funding. g. Access. Landlord agrees to cooperate with Developer with respect to any roadway or access improvements required to enhance passenger vehicle traffic to the Premises, provided that the costs of any necessary modifications shall be the sole responsibility of Developer. h. Financiniz. The complete cost of developing all necessary plans and specifications as provided herein, obtaining all licenses and permits required prior for construction, and the construction of Initial Improvements upon and as a part of the Premises by Developer shall be borne solely by Developer and be at no expense to Landlord whatsoever; provided, however, Landlord agrees that, in connection with Developer's construction of the Initial Improvements, Landlord shall provide Developer the maximum waiver allowance permitted under applicable ordinances, rules and regulations of the City of Corpus Christi. Developer acknowledges that it shall be responsible for the payment of any and all cost overruns incurred in connection with the initial construction of the Initial Improvements. Landlord also agrees to cooperate with Developer in the pursuit of any and all available grant funding which might be available in connection with the construction of the Initial Improvements on the Premises or any portion thereof, and all such grant funds received will be credited in full to Developer. The pursuit of such funds will be conditioned upon the requested funds not being required to complete other projects contained in the Airport Capital Improvement Program, as may be amended from time to time. If the FAA or its successor requires modifications or changes to the Lease or this Exhibit A as a condition precedent to granting funds for improvements, the Parties agree to consent to the amendments, modifications or changes of the Lease or this Exhibit A as may be reasonably required to obtain the funds provided; provided, however, Tenant will not be required to pay increased rent, change the use of the Premises, modify or amend the Government Lease or accept a relocation or reduction in size of the Premises unless the Parties have fully executed an amendment to the Lease that is mutually satisfactory to all parties, including the Government- Tenant, for any terms or conditions of the Lease affected by said actions. Other than the grant funding described above, Developer shall be responsible for securing any Construction Financing. The terms and conditions of the Construction Financing shall be subject to the sole discretion of Developer, and Developer agrees that it shall not allow any lien to attach to the Exhibit A, Page 3 of 6 Premises or Tenant's leasehold interest, except as expressly permitted in the Lease. The Parties further agree that, to the extent that Developer realizes any cost savings in the construction of the Initial Improvements such that funds from the Construction Financing remain available for Developer's use, then, after payment of all expenses and Tenant's initial funding of the Reserve Account, if such excess funds are less than Five Hundred Thousand Dollars ($500,000), then (i) fifteen percent (15 %) of such excess funds shall be paid to Landlord and (ii) eighty -five percent (85 %) of such excess funds shall be paid to Developer. If such excess funds exceed $500,000, then the amount of such excess exceeding $500,000 shall be paid into the Reserve Account. Not later than forty -five (45) days prior to the closing on the Construction Financing, Developer shall provide to Landlord the construction budget for the development and construction of the Initial Improvements and Landlord shall have twenty -one (21) days in which to provide any comments it may have with respect to any matters contained in such budget. The budget shall reflect all costs and expenses anticipated to be incurred in connection with the development and construction of the Initial Improvements, including the Development Fee and Consulting Fee to be paid to Developer (as defined below). If Landlord provides comments to the budget, Landlord and Developer shall work together in good faith to address any comments that Landlord may have with respect to the construction budget, such that the budget shall be finalized and approved by Developer's construction lender ( "Developer's Lender ") within twenty (20) days after having been first provided to Landlord (once approved by Landlord, Developer and Developer's Lender, the "Construction Budget "). i. As -Built Plans. Upon final completion and acceptance by the Government - Tenant of the Initial Improvements, Developer and/or Developer's architect shall (i) certify to the Director that the Initial Improvements were completed according to the approved plans and specifications therefor and in compliance with all applicable Building Regulations and (ii) provide two (2) sets of Mylar "as- built" plans and one electronic copy of the record construction documents to the Director, who will keep one set of plans on file at the Director's office in the Airport terminal and will provide the other set to the City Secretary. Developer must keep said documents current, by providing to the Director two (2) sets of Mylar "as- built" plans and one electronic copy of all record construction documents showing any alteration in excess of $50,000 to the Initial Improvements during the term of this Lease. j. Alterations. During the term of this Lease, Tenant shall (subject to the other terms and conditions of this Lease) have the continuing right to remodel, renovate and refurbish the Initial Improvements situated from time to time on Premises, or any part thereof, and to build and construct new additions and improvements thereto and thereon; ropvided, however any changes each costing more than One Hundred Thousand Dollars ($100,000) shall require the prior written consent of the Director, whose consent shall not be unreasonably withheld, conditioned or delayed; rop vided further, that such consent shall not be required with regard to any alterations made to the DHS Facilities if requested by the Government- Tenant and such alterations comply with applicable Building Regulations. k. Ownership of Improvements. Upon the termination of this Lease, ownership of improvements at the Premises, exclusive of Tenant's and its Subtenants' Removables, shall fully vest in Landlord, free and clear of all liens, leases and other encumbrances and adverse interest on property and improvements. Exhibit A, Page 4 of 6 1, Liens, Except as expressly permitted under Sections 13 and 31 of the Lease, Developer shall not allow a lien to attach to the Premises or Tenant's leasehold interest therein without the prior written approval of Landlord. Notwithstanding any such approval, Landlord's fee simple interest in the surface estate burdened by Tenant's leasehold estate and rent received from Subtenants must in all events be exempt from any such lien. Any lien of Developer's Lender (defined below) shall contain the following language, or such other similar language as may be approved by Landlord; "Lender agrees that the lien created by this instrument is effective only as to Tenant's leasehold estate created by the Ground Lease dated executed by the City of Corpus Christi, as Landlord, and FDL -CC, LLC, as Tenant, and does not affect Landlord's interest, being the fee simple estate burdened by Tenant's leasehold estate." In the event of any foreclosure by any lender, financing agency or guarantor of its lien or liens on the Initial Improvements constructed by Developer, said lender, financing agency or guarantor shall succeed hereunder to all rights, privileges and duties of Tenant, including, without limitation, paying all rentals called for under the Lease, as if said lender was originally named as the "Tenant" thereunder. 2. Permissible Development Fees In connection with the Government Lease and the development of the Initial Improvements and Premises, Developer shall be entitled to be paid (i) a development fee equal to four percent (4 %) of the soft and hard costs (exclusive of any financing fees, administrative fees and marketing fees) expended in the initial development of the Premises (the "Development Fee "), and (ii) a government consulting fee of two dollars ($2.00) per square foot of rentable building area subleased to the Government - Tenant under the Government Lease (the "Consulting Fee "). The Development Fee shall be included in the total Construction Financing and paid to Developer in monthly installments during the progression of the construction of the Initial Improvements and in accordance with the Construction Budget. The Consulting Fee shall be paid to Developer upon the closing of the Construction Financing. 3. Right to Amend If the Government - Tenant or its successor requires modifications or changes to the Lease or this Exhibit A as a condition precedent to granting or providing funds for the Initial Improvements, the Parties agree to consent to the amendments, modifications or changes of the Lease or this Exhibit A as may be reasonably required to obtain the funds provided; ron vided, however, Tenant will not be required to pay increased rent, change the use of the Premises, modify or amend the Government Lease or accept a relocation or reduction in size of the Premises unless the Parties have fully executed an amendment to the Lease that is mutually satisfactory to all parties, including the Government- Tenant, for any terms or conditions of the Lease affected by said actions. 4. Signage Developer and the Government - Tenant may install on the Initial Improvements and /or Premises signs or other corporate identification of its or their business, provided the same comply with applicable City ordinances and Airport policies. The size, type, design and location of such signs or other corporate Exhibit A, Page 5 of 6 identification shall be subject to the prior approval of the Director, which approval shall not be unreasonably withheld. 5. Taxes and Licenses During the development of the Premises and the construction of the Initial Improvements, Developer must cause to be paid, prior to delinquency, any and all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises, the Initial Improvements or any operations thereon. Developer shall cause to be paid any and all sales taxes arising in connection with the occupancy or use of the Premises whether the taxes are assessed against the Developer or any Subtenant. Developer must obtain and pay for all licenses or permits necessary or required by law for the construction of the Initial Improvements and must require any Subtenant to obtain and pay for all licenses and permits necessary or required by law for the installation of equipment and furnishings, and any other licenses necessary for the conduct of its operations. If Developer or any Subtenant wishes to contest any tax or charge, such contest will not be a default under the Lease, so long as Developer or such Subtenant diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Further, Developer shall cause any taxes not being contested to be paid prior to delinquency. 6. Insurance Developer shall not commence construction of the Initial Improvements until all insurance required under Section 15 of the Lease and Exhibit A -3 attached hereto has been obtained by Developer and any contractor or subcontractors engaged by Developer and approved by Landlord's Risk Manager or designee. Developer shall otherwise comply with the terms and provisions set forth in Section 15 of the Lease and Exhibit A -3 at all times during the construction of the Initial Improvements. Exhibit A, Page 6 of 6 Exhibit A -1 GSA LEASE PROSPECTUS (to be attached when issued) [see attached] Exhibit A -1 Exhibit A -2 UTILITY INFRASTRUCTURE [see attached] Exhibit A -2 DEPARTMENT OF AVIATION MYVAAiI)Ax: CORPUS CHRISTI BEN V.AS JRZ EXHIBIT °A_2 Al- Vl[ OACONZALU IN AIRPORT 916 /7PIR CORPUS CHRISTI INTERNATIONAL AIRPORT 2011 Exhibit A -3 INSURANCE REQUIREMENTS I. DEVELOPER'S LIABILITY INSURANCE A. Developer shall not commence work under the Lease until all insurance required herein has been obtained and approved by Landlord's Risk Manager or designee. Developer must not allow any contractor or subcontractor to commence work until all similar insurance required of the Developer /Contractor has been so obtained. B. Developer shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. Landlord must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable property policies. C. In the event of accidents of any kind related to this project, Developer /Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit A -3, Page 1 of 3 TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence / aggregate Commercial General Liability including: 1. Broad Form $1,000,000 Per Occurrence 2. Premises — Operations $2,000,000 Aggregate 3. Products /Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Tenants 7. Underground Hazard (if applicable) BUILDER'S RISK Completed Value Policy with an All -Risk (During any Period of Construction) Endorsement BUSINESS AUTOMOBILE LIABILITY $5,000,000 Combined Single Limit 1. Owned 2. Hired & Non -owned WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT. EMPLOYER'S LIABILITY $500,000 / $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Developer /Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit A -3, Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Developer /Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Developer's financial integrity is of interest to Landlord; therefore, subject to Developer's right to maintain reasonable deductibles in such amounts as are reasonably approved by Landlord, Developer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Developer's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Landlord 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 Landlord, and may reasonably require the deletion, revision, or modification of particular policy terms, conditions, Iimitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any such policies) where commercially feasible. Developer shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to Landlord at the address provided below within 10 days of the requested change. Developer shall pay any costs incurred resulting from said changes. All notices under this provision shall be given Landlord at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Developer /Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name Landlord and its officers, officials, employees, 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 Landlord, with the exception of the workers' compensation policy; + Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where Landlord is an additional insured shown on the policy; + Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of Landlord; and • Provide thirty (30) calendar days advance written notice directly to Landlord of any cancellation in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Exhibit A -3, Page 2 of 3 Developer shall provide a replacement Certificate of Insurance and applicable endorsements to Landlord. Landlord shall have the option to suspend Developer'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 hereof if not promptly cured. F. In addition to any other remedies Landlord may have upon Developer's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, Landlord shall have the right to order Developer to stop work hereunder, and/or withhold any payment(s) which become due to Developer hereunder until Developer demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Developer may be held responsiblc for payments of damages to persons or property resulting from Developer's performance of the work covered hereunder. H. It is agreed that Developer'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 the Lease, except for the negligence of Landlord. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in the Lease. Exhibit A -3, Page 3 of 3 Exhibit B PREMISES DESCRIPTION [see attached] Exhibit B Exhibit C GOVERNMENT LEASE (to be attached when executed) [see attached] Exhibit C SC a o° AGENDA MEMORANDUM NaR;oRp,o Future Item for the City Council Meeting of January 8, 2013 ss Action Item for the City Council Meeting of January 15, 2013 DATE: December 21, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services DanBa.cctexas.com 361- 826 -3729 Gus Gonzales, P. E. Director of Water Operations GustavoGo(d- )cctexas. com 361- 826 -1874 Resolution for the acquisition of real property rights for the Mary Rhodes Pipeline, Phase 2 Project. CAPTION: A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate and by waterline easements for a water line pipeline project known as the Mary Rhodes Pipeline Phase 2, which is to be generally located along the route from Bay City, Texas to Lake Texana described as follows: From a point which begins on the west bank of the Colorado River in Matagorda County, Texas just north of the State Highway 35 bridge and runs approximately 41 miles to the City's pump station adjacent to the Palmetto Bend Dam on Lake Texana located in Jackson County, Texas; said pipeline further described as follows: leaving the Colorado River, the alignment will parallel State Highway 35 in a southwesterly direction through Matagorda County for approximately 13 miles until just east of Blessing, Texas, where the alignment will break more westerly to follow the Union Pacific Railroad easement on the north side of Blessing, Texas for approximately 2.5 miles west of Blessing and continuing in a southwesterly direction for approximately 5 miles; the alignment will parallel FM 616 and continue through Matagorda County to the Jackson County line where it will continue parallel to FM 616 in Jackson County through Francitas, Texas for approximately 9 miles until just east of La Ward, Texas where the alignment will turn northwesterly to circumnavigate La Ward for approximately 1.5 miles; the alignment will then parallel SH172 in a northerly direction out of La Ward for approximately 2 miles where it will turn westerly following FM 3131 approximately 8 miles to the west delivery system on the west bank of the Navidad river in Jackson County; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation within the water line route described herein by a single record vote of the City Council. PURPOSE: Should it ever become necessary to use proceedings in eminent domain to acquire the property rights needed for the Mary Rhodes Pipeline Phase II Project, Council must first determine that a public use and necessity exists for the Project, and then must delegate its authority to use the power of eminent domain to the City Manager. Only if the City and the landowners cannot reach an agreement on the value of the parcel and any resulting damages would eminent domain proceedings become necessary to acquire the easement or fee simple rights. The City Manager also requests authority to purchase the necessary property rights by authorizing the City Manager or his designee to execute all real estate purchase contracts and related instruments, provided that the amounts are within Council- approved project budgets. BACKGROUND AND FINDINGS: On July 6, 2011, City Council approved Resolution No. 029162 which determined a public necessity for acquisition of easements for the Mary Rhodes Pipeline Phase 2 Project for public purposes, use and construction of a water pipeline. The resolution also authorized the City Manager, City Attorney and Agents of the City to acquire easements by means of negotiations or eminent domain proceedings, if necessary. On September 1, 2011, Texas Senate Bill 18 also known as SB18, became effective which requires all entities with eminent domain authority, to follow certain procedures prior to initiating eminent domain proceedings under Section §21.012 of the Texas Property Code. The new procedures are more restrictive on the condemning authorities and stipulate certain requirements. One of them is the requirement of a vote on the use of eminent domain by a governmental entity under Section 2206.052 of the Texas Government Code. The original resolution approved on July 6, 2011 lacked certain details now required by SB 18. This resolution and the motion to adopt it are in a form required under Senate Bill 18 and other state law requirements. Staff requests Council pass the motion to adopt the resolution as presented ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution at a public meeting by record vote delegating its authority. . OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution and the motion adopting it conform to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Engineering and Water Departments 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 8,751,400 5,094,600 TBD 13,846,000 Encumbered / Expended Amount 8,751,400 8,751,400 This item BALANCE 0.001 5,094,600 1 TBD I 5,094,600 Fund(s): Water Capital Improvement Program Revenue Bonds and Future year programming. Comments: Future requirements based upon negotiated land acquisition costs. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Proposed Route Map Resolution CITY COUNCIL EXHIBIT Mary Rhodes Pipeline, Phase 2 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Proposed Route Map PAGE: 1 of 1 Date: December 19, 2012 i..�i I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS (1) DETERMINING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE ACQUISITION OF PARCELS OF LAND BY FEE SIMPLE TITLE TO THE SURFACE ESTATE AND BY WATERLINE EASEMENTS FOR A WATER LINE PIPELINE PROJECT KNOWN AS MARY RHODES PIPELINE PHASE 2, WHICH IS TO BE GENERALLY LOCATED ALONG THE ROUTE FROM BAY CITY, TEXAS TO LAKE TEXANA DESCRIBED AS FOLLOWS: FROM A POINT WHICH BEGINS ON THE WEST BANK OF THE COLORADO RIVER IN MATAGORDA COUNTY, TEXAS JUST NORTH OF THE STATE HIGHWAY 35 BRIDGE AND RUNS APPROXIMATELY 41 MILES TO THE CITY'S PUMP STATION ADJACENT TO THE PALMETTO BEND DAM ON LAKE TEXANA LOCATED IN JACKSON COUNTY, TEXAS; SAID PIPELINE FURTHER DESCRIBED AS FOLLOWS: LEAVING THE COLORADO RIVER, THE ALIGNMENT WILL PARALLEL STATE HIGHWAY 35 IN A SOUTHWESTERLY DIRECTION THROUGH MATAGORDA COUNTY FOR APPROXIMATELY 13 MILES UNTIL JUST EAST OF BLESSING, TEXAS, WHERE THE ALIGNMENT WILL BREAK MORE WESTERLY TO FOLLOW THE UNION PACIFIC RAIL ROAD EASEMENT ON THE NORTH SIDE OF BLESSING FOR APPROXIMATELY 25 MILES; WEST OF BLESSING, TEXAS AND CONTINUING IN A SOUTHWESTERLY DIRECTION FOR APPROXIMATELY 5 MILES, THE ALIGNMENT WILL PARALLEL FM 616 AND CONTINUE THROUGH MATAGORDA COUNTY TO THE JACKSON COUNTY LINE WHERE IT WILL CONTINUE PARALLEL TO FM 616 IN JACKSON COUNTY THROUGH FRANCITAS, TEXAS FOR APPROXIMATELY 9 MILES UNTIL JUST EAST OF LA WARD, TEXAS WHERE THE ALIGNMENT WILL TURN NORTHWESTERLY TO CIRCUMNAVIGATE LA WARD FOR APPROXIMATELY 1.5 MILES; THE ALIGNMENT WILL THEN PARALLEL SH 172 IN A NORTHERLY DIRECTION OUT OF LA WARD FOR APPROXIMATELY 2 MILES WHERE IT WILL TURN WESTERLY FOLLOWING FM 3131 APPROXIMATELY S MILES TO THE WEST DELIVERY SYSTEM ON THE WEST BANK OF THE NAVIDAD .RIVER IN JACKSON COUNTY; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY INTERESTS SUBJECT TO AVAILABILITY OF FUNDS APPROPRIATED FOR SUCH PURPOSES; (3) AUTHORIZING THE CITY MANAGER TO INSTITUTE CONDEMNATION BY EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTIES ; (4) AUTHORIZING PAYMENT PURSUANT TO AN AWARD BY SPECIAL COMMISSIONERS; (5) AUTHORIZING ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL INSTRUMENTS; AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF PROPERTY TO BE ACQUIRED BY CONDEMNATION WITHIN THE WATER LINE ROUTE DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL. WHEREAS, the City of Corpus Christi is in need of various tracts of land and waterline casements described herein for the purposes of access, use and construction of a water transmission line and related improvements, and, 2 WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights, has been or will be provided to the landowner; and, WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single resolution for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and, WHEREAS, the land and waterline easements shown in Exhibit "A," are necessary to advance the public uses recited herein; and, WHEREAS, Texas Government Code Section 2206.053 (f) provides that if a project for a public use including a water supply project will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and, WHEREAS, Texas Government Code Section 2206.053(8) provides that an ordinance, resolution, or order adopted under Section 2206.053(0 is not required to identify specific properties that the governmental entity will acquire; the ordinance, resolution, or order must identify the general area to be covered by the project or the general route that will be used by the governmental entity for the project in a way that provides property owners in and around the area or along the route reasonable notice that the owners' properties may be subject to condemnation proceedings during the planning or construction of the project; and, WHEREAS, the Mary Rhodes Pipeline Phase II project is a water supply contract and therefore utilization in this resolution to identify the general area to be covered by the project and the general route that will be used by the City of Corpus Christi for the Mary Rhodes Pipeline Phase II is authorized by Texas Government Code Section 2206; and, WHEREAS, the location of said waterline related improvements, based on an engineering study optimizes the enhancement and adequacy of the municipal water system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Mary Rhodes Pipeline Phase 2, and it is in the public interest to acquire the tracts of land and waterline easements, along the route as generally described in Exhibit "A" and generally depicted in Exhibit "B," attached hereto and incorporated herein, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal water facility. Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City to take all steps necessary to acquire the fee simple and easement interests for the Mary Rhodes Pipeline Phase 2 project, including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Nfanager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against the owners and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the properties in fee simple and easement interests in the properties. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers, and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 5. That this resolution authorizing condemnation proceedings over the units of property generally described by route as listed in exhibits A and B, shall be approved by single record vote of the City Council. Section G. That this Resolution shall take effect immediately from and after its passage and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, this day of ATTEST: Armando Chapa City Secretary 2013. THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor 4 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Exhibit "A" General description of the route for the Mary Rhodes Pipeline Phase II project: A 54 -inch water supply pipeline for the City of Corpus Christi, which will be routed from a point of beginning on the west bank of the Colorado River in Matagorda County just north of the State Highway 35 bridge and will run approximately 41 miles to the City's Pump Station adjacent to the Palmetto Bend Dam on Lake Texana located in Jackson County, Texas; said pipeline further_ described as follows: leaving the Colorado River, the alignment will parallel State Highway 35 in a southwesterly direction through Matagorda County, Texas for approximately 13 miles until just east of Blessing, Texas, where the alignment will break more westerly to follow the Union Pacific Rail Road easement on the north side of Blessing, Texasfor approximately 2.5 miles; West of Blessing, Texas and continuing in a southwesterly direction for approximately 5 miles, the alignment will parallel FM 616 and continue through Matagorda County, Texas to the Jackson County, Texas line where it will continue parallel to FM 616 in Jackson County through Francitas, Texas for approximately 9 miles until just east of La Ward, Texas where the alignment will turn northwesterly to circumnavigate La Ward for approximately 1, 5 miles; the alignment will then parallel SH 172 in a northerly direction out of La Ward for approximately 2 miles where it will turn westerly following FM 3131 approximately 8 miles to the West Delivery System on the west bank of the Navidad River in Jackson County. CITY COUNCIL EXHIBIT Mary Rhodes Pipeline, Phase 2 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Proposed Route Map PAGE. ? of 1 Dote: December 15, 2012 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 X852 Action Item for the City Council Meeting of January 15, 2013 DATE: December 24, 2012 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag @cctexas.com 361.826.3850 Resolution declaring the City's support the Texas Coalition for Affordable Power's (TCAP) legislative agenda for the 83`d Regular Session of the Texas Legislature. CAPTION: A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ENDORSING CERTAIN LEGISLATIVE ACTION IN THE REGULAR SESSION OF THE 83RD TEXAS LEGISLATURE TO ENHANCE THE COMPETITIVE ELECTRIC MARKET AND SYSTEM RELIABILITY AND TO PROTECT THE TRADITIONAL ROLE OF CITIES IN THE REGULATORY PROCESS PURPOSE: The Texas Coalition for Affordable Power (TCAP) recently adopted its legislative agenda for the upcoming 83 d Regular Session of the Texas Legislature that convenes January 8, 2013. TCAP's agenda includes nine items that would fall under the City's Actively Support and Actively Oppose category, which means the City will aggressively attempt to influence the passage or defeat of legislation, if it is filed. The City will not seek introduction of any of the items on the TCAP agenda. BACKGROUND AND FINDINGS: The Texas Coalition for Affordable Power (TCAP) is an alliance of cities and other political subdivisions joined together to purchase electricity for their own governmental use. The more than 160 cities and other political subdivisions that comprise TCAP purchase in excess of 1.3 billion kilowatt/hours of power each year, making it the largest coalition of its type in the state. Using the strength of its numbers, TCAP negotiates terms and conditions for electric service that may be unavailable to a single city acting alone. The City of Corpus Christi has been a member of TCAP or a predecessor organization (the South Texas Aggregation Project, or "STAP ") since 2001. In 2011 STAP merged with Cities Aggregation Power Project to form TCAP. First Assistant City Attorney Alison Logan represents the City of Corpus Christi and serves on the TCAP Board of Directors. TCAP and its predecessor organizations advocated on behalf of electric customers during the 2003, 2005, 2007, 2009, and 2011 legislative sessions. Over the course of those sessions, the Page 1 of 4 3285169.1 coalition sponsored dozens of different bills intended to improve electric deregulation in Texas. TCAP also promotes consumer interests before the Public Utility Commission and other organizations overseeing the Texas electric market. TCAP's legislative priorities are: 1. The Regular Session of the 83rd Texas Legislature be encouraged to preserve the traditional role of cities in the regulatory process, including original jurisdiction and reimbursement of reasonable rate case expenses. Note: Groups such as the Texas Public Policy Foundation (TPPF) want to prohibit cities from being involved in the regulatory process and to limit rate case expenses. Original jurisdiction in rate cases empowers cities to achieve utility savings for their constituents that far outweigh rate case expenses. 2. The Legislature make no statutory changes that would lead to a reduction in revenues paid by public utilities as franchise fees for rental of public rights -of -way. Note: Both state law and the Texas Constitution provide that a city may not allow a private entity to use city property for free (Texas Town and City, April 2011). Cities and utilities enter into franchise agreements for the use of the right -of -way. 3. The Legislature facilitate and encourage public /private partnerships between cities and electric generation developers in creating small -scale (not to exceed 50 MV) power plants capable of rapidly meeting peak power needs. Note: Cities should have the right to pursue small -scale generation projects, just so long as the projects enhance economic development and produce affordable power. Such public - private partnerships also are a cost - effective way to help address the state's long -term generation and reliability challenges. 4. The Legislature recognize that "smart meters" are under - utilized with regard to encouraging and incentivizing reductions in energy consumption during peak periods and that the regulated transmission and distribution utilities which own the "smart meters" be allowed to re -enter the retail electric market to the extent they offer regulated rate plans designed to incent reductions in peak energy consumption. Note: The transmission and distribution utilities cannot, by state law, enter the retail electric market. There is no incentive for retail electric utilities to incentivize reduced energy consumption during peak periods. If transmission and distribution utilities can — through the use of smart meters — incentivize reduced energy consumption during peak demands, statute should allow them to do so. 5. The Legislature preclude foreign ownership of electric distribution assets and make it clear that, notwithstanding any other provision in law, home rule cities, individually or collectively, shall be permitted to own and operate electric distribution assets so long as said cities are not involved in retail sales of electricity. Note: To ensure accountability and responsiveness, the local electric distribution network should be owned by domestic entities, including home rule cities, not foreign entities. 6. The Legislature resist any efforts to transform the energy -only ERCOT market into a capacity market which would increase the price of electricity by artificially inflating generator profits. Note: When Texas deregulated its electric power market in 2002, it adopted an "Energy Only" market in which generators typically get paid only for energy they actually produce. However, there is a concern expressed by the Public Utility Commission of Texas ( "PUC) and the Electric Reliability Council of Texas ( "ERCOT) that low electric prices in the current market are not sufficient to incent investment in building additional generation plant to serve Texas' growing population and economy. There have been suggestions to replace Texas' Energy Only market with a capacity market in which generators receive an extra payment based on the capacity of Page 2 of 4 3285169.1 their generation fleet. This payment would be in addition to the payments generators receive for selling power. The problem with capacity markets is that they increase the cost of power to consumers and they are extremely complex and their benefits difficult to measure. Now that consumers in the state's deregulated market are finally benefiting from lower electricity prices, it would be wrong to introduce a regulatory mechanism to artificially increase them again.. 7. The Legislature enhance protections against anti - competitive activities in the wholesale market and require the Public Utility Commission to reform its rules related to Voluntary Mitigation Plans and allow cities and other interested parties to participate in review of such plans. Note: Under Texas law, generation companies can protect themselves, in advance, against prosecution for anti - competitive behavior. Such protections are included in complicated regulatory documents known as "voluntary mitigation plans." However, consumer groups have no voice in the regulatory proceedings that establish these plans. Outside parties should have the right to petition for the dissolution of any voluntary mitigation plan that works to circumvent open competition and artificially inflates electric prices. 8. The Legislature mandate that the PUC and market participants provide consumer education regarding the relationship between time of use, cost of energy production and transmission, and the price paid by consumers. Note: Educating consumers will help them make informed choices. Many consumers are disconnected and ill - informed about the relationship between the use, production, transmission and price of energy. 9. The Legislature require the PUC to establish certain uniform products that must be offered by all retail electric providers ( "REPs ") and to establish new rules governing the powertochoose.org and powertosavetexas.org websites that will better inform retail customers of complaints against REPs and better educate customers regarding the economic and market benefits of reducing demand during peak periods. Note: In a competitive electric utility market, information is critical for consumers to make the best choices for their situation. Enhancing the quality and quantity of information available to consumers, including complaint information and cost data, will help save money and improve service delivery. ALTERNATIVES: 1. The City could adopt the resolution supporting the TCAP agenda. 2. The City could opt not to adopt the resolution. 3. The City could alter the categories of any of the legislative agenda items from Actively Support and Actively Oppose to either Priority or Endorse. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: Page 3 of 4 3285169.1 City Attorney and Texas Coalition for Affordable Power (TCAP) 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 Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: TCAP Council Resolution TCAP flyer of legislative priorities Page 4 of 4 3285169.1 RESOLUTION NO. 13 -00006 A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ENDORSING CERTAIN LEGISLATIVE ACTION IN THE REGULAR SESSION OF THE 83RD TEXAS LEGISLATURE TO ENHANCE THE COMPETITIVE ELECTRIC MARKET AND SYSTEM RELIABILITY AND TO PROTECT THE TRADITIONAL ROLE OF CITIES IN THE REGULATORY PROCESS WHEREAS, the City of Corpus Christi, Texas is a member of Texas Coalition for Affordable Power ( "TCAP "), a non - profit political subdivision created by cities throughout Texas to secure affordable electric energy for its members in the deregulated electric market; and WHEREAS, TCAP pools the energy needs of its more than 160 political subdivision members to negotiate favorable prices and contract terms for the purchase of approximately 1.3 billion kilowatt hours annually; and WHEREAS, affordable and reliable power means economic development for the City and a better standard of living for our citizens; and WHEREAS, the City supports legislative initiatives that promote a healthy electric market where competition can flourish and electric customers can save money; and WHEREAS, the City endorses the legislative agenda of TCAP and opposes legislative initiatives that would fundamentally alter the ERCOT energy market or the traditional role of cities in the regulatory process. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: 1. The Regular Session of the 83rd Texas Legislature be encouraged to preserve the traditional role of cities in the regulatory process, including original jurisdiction and reimbursement of reasonable rate case expenses. 2. The Legislature make no statutory changes that would lead to a reduction in revenues paid by public utilities as franchise fees for rental of public rights -of -way. 3. The Legislature facilitate and encourage public /private partnerships between cities and electric generation developers in creating small -scale (not to exceed 50 MW) power plants capable of rapidly meeting peak power needs. 4. The Legislature recognize that "smart meters" are under - utilized with regard to encouraging and incentivizing reductions in energy consumption during peak periods and that the regulated transmission and distribution utilities which own the "smart meters" be allowed to re -enter the retail electric market to the extent they offer regulated rate plans designed to incent reductions in peak energy consumption. 5. The Legislature preclude foreign ownership of electric distribution assets and make it clear that, notwithstanding any other provision in law, home rule cities, individually or collectively, shall be permitted to own and operate electric distribution assets so long as said cities are not involved in retail sales of electricity. 6. The Legislature resist any efforts to transform the energy -only ERCOT market into a capacity market which would increase the price of electricity by artificially inflating generator profits. 7. The Legislature enhance protections against anti - competitive activities in the wholesale market and require the Public Utility Commission ( "PUC ") to reform its rules related to Voluntary Mitigation Plans and allow cities and other interested parties to participate in review of such plans. 8. The Legislature mandate that the PUC and market participants provide consumer education regarding the relationship between time of use, cost of energy production and transmission, and the price paid by consumers. 9. The Legislature require the PUC to establish certain uniform products that must be offered by all retail electric providers ( "REPs ") and to establish new rules governing the powertochoose.org and powertosavetexas.org websites that will better inform retail customers of complaints against REPS and better educate customers regarding the economic and market benefits of reducing demand during peak periods. 10. This resolution shall take effect immediately upon its passage. 11. A copy of this resolution shall be sent to the elected lawmakers representing the City's interests in the Texas House and Senate and to Randolph C. Moravec, Executive Director of TCAP, 15455 Dallas Parkway, Addison, Texas 75001. PRESENTED AND PASSED on this 15th day of January, 2013 by a vote of ayes and nays at a regular meeting of the City Council of Corpus Christi, Texas. Mayor ATTEST: Armando Chapa City Secretary The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Because high energy costs can impact municipal budgets and the ability fund essential services, T AP, committed a ire electric deregulation work. Cities have a long history representing consumers in "regulated" rate cases. But big electric companies want to deter cities from exercising any opposition so they can more easily raise rates. TCAP will work hard at the Texas Legislature to protect city authority. .. Are rooftop solar panels installed in your community ?TCAP supports legislation that will ensure that residential and small commercial customers that produce excess power at their homes or businesses receive a fair price for power they provide the grid. Texans should have access to standard - language electricity deals. These deals will enhance competition by facilitating apples -to- apples price shopping. forAfford.bkPol Contact; i (Randy) C voravec, PhD, Executive Director rcmoravec@tcaptx.com > ;472; 742-70 15 tcaptkcom Rh Bor • � e L tl' Some of the state's generation companies want to receive big payments for power plants, regardless of whether any power is actually generated and are lobbying hard for changes to make it happen. TCAP will oppose proposals at the Legislature that create unnecessary price supports for generators that circumvent the competitive market and increase electricity costs to consumers. ... 1 111 111 Where appropriate, anti - competitive behavior prohibited in other states should also be prohibited in Texas. Texas regulators should have the same power to assess penalties as regulators elsewhere. Legal loopholes that exempt some generators from prosecution should be closed. TCAP wants cities to have the right to pursue small -scale generation projects, just so long as the projects enhance economic development and produce affordable power. Such public - private partnerships also are a cost - effective way to help address the state's long -term generation and reliability challenges. .. Texans depend on a complex network of wires to bring power to their homes. With so much at stake, accountability is important. That's why there should be no foreign ownership of local electric distribution networks. When the system fails or bills go up,Texans shouldn't have to call Madrid to complain. Home rule cities individually or collectively —also should be permitted to own and operate electric distribution networks. UnderTexas law, big generation companies can obtain advanced regulatory protections against future prosecution for anti - competitive behavior. TCAP supports reforms to ensure that these advanced protections are fair, and don't become "Get Out Of Jail Free "cards for market abusers. TexasCoaBition -� for kffordalak Power Contact: Randolph (Randy) C. Moravec, PhD, Executive Director °� rcmoravec@tcaptx.com > (9i2) ?42 -?015 a r t , Y Ga O� H AGENDA MEMORANDUM NoP ©p,EO Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 15, 2013 DATE: December 18, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; (361) 826 -3464 Robert Rocha, Fire Chief rrocha @cctexas.com; (361) 826 -3932 Approval of Construction Contract for Fire Station No. 5 Relocation (Bond 2008) CAPTION: Motion authorizing the City Manager, or designee, to execute a Construction Contract with Sal -Con of Corpus Christi, Texas in the amount of $1,680,500.00 for the Fire Station No. 5 Relocation (Bond 2008) for the Base Bid plus Additive Alternates B, C, D, E, F, G and I. PURPOSE: This project has received bids and now a construction contract for the Fire Station No. 5 Relocation Project must be approved so the work may begin. BACKGROUND AND FINDINGS: The November 2008 Bond Election provided for a new fire station #5 to be constructed and all existing personnel and equipment to be relocated from the existing station. The new station will be located on property at Miller High School and provide a separate multiple use facility for the City and District to use in lieu of rent payments. The location will enable the City and District to generate a greater familiarity of fire and public safety among students. The Corpus Christi Independent School District contributed $193,800 towards the design and construction of this project. This project consists of the demolition of a two -story building, and the construction of a single story fire station and a separate joint use building. Site improvements consist of existing paving demolition and new concrete paving drives and parking area, limited curb and gutter reconstruction, new site utilities, off -site utility tie -ins and street work, and lawn areas. J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx Building construction consists of tilt -up concrete wall panels, steel framed roof system, drilled pier and suspended floor system, storefront openings, drywall partitions, flooring, suspended ceiling systems, hollow metal and plastic laminate doors, millwork, and HVAC, plumbing, fire sprinkler and electrical systems. The Base Bid includes demolition of the existing building, including asbestos abatement, and construction of the Fire Station building and separate Joint Use Facility. There are nine (9) Additive Alternates ( "A" through "I "). Additive Alternate "A" consists of the Apparatus Room Fan. Additive Alternate "B" consists of the Exterior Canopies. Additive Alternate "C" consists of 6' Chain Link Fencing with 2' Barbed Wire on top including gates. Additive Alternate "D" consists of a Flag Pole. Additive Alternate "E" consists of a Trailer Parking Area. Additive Alternate "F" consists of Apparatus Room Lockers. Additive Alternate "G" consists of Apparatus Room Painting. Additive Alternate "H" consists of Skylights. Additive Alternate "I" consists of providing a diamond Polished Concrete Floor Finish at the Fire Station facilities. On June 27, 2012, the City received proposals from six (6) bidders and the lowest three (3) bids are as follows: ALTERNATIVES: 1. Award construction contract with additive alternates as recommended. 2. Award Base Bid plus ANY or ALL combination of alternates 3. Don't award construction contract (not recommended, Bond 2008 project) OTHER CONSIDERATIONS: Additive Alternates A and H are not recommended because of budget constraints. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2012 -2013 Public Health & Safety Capital Improvement Program. EMERGENCY/ NON - EMERGENCY: Not Applicable J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx Additive Total Base Bid Contractor Base Bid Alternates (B, C, plus Additive Alternates D, E, F, G, 1) (B, C, D, E, F, G, I) Sal -Con, Inc. Corpus Christi, Texas $1,588,000.00 $92,500.00 $1,680,500.00 SafeNet Services, LLC. Corpus Christi, Texas $1,691,000.00 $104,903.00 $1,795,903.00 Rusty Van Fleet Construction Kingsville, Texas $1,805,000.00 $93,700.00 $1,898,700.00 ALTERNATIVES: 1. Award construction contract with additive alternates as recommended. 2. Award Base Bid plus ANY or ALL combination of alternates 3. Don't award construction contract (not recommended, Bond 2008 project) OTHER CONSIDERATIONS: Additive Alternates A and H are not recommended because of budget constraints. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2012 -2013 Public Health & Safety Capital Improvement Program. EMERGENCY/ NON - EMERGENCY: Not Applicable J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fund(s): Public Health & Safety Bond 2008 Comments: This project is No. PH 02 in the FY2012 -2013 Capital Improvement Program. RECOMMENDATION: City staff recommends the awarding of the construction contract for $1,680,500.00 to Sal -Con, Inc. of Corpus Christi, Texas in support of the Fire Station No. 5 Relocation Project (Bond 2008). The project is scheduled to take 270 Calendar Days of construction time. Anticipated completion is expected to be in the November 2013 timeframe. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx Project to Date Fiscal Year: 2012- Expenditures Future 2013 (CIP only) Current Year Years TOTALS Line Item Budget $236,400.00 $1,958,900.00 $0.00 $2,195,300.00 Encumbered / Expended Amount $236,400.00 $236,400.00 This item $1,680,500.00 $1,680,500.00 Future Expenditures $276,110.25 $276,110.25 BALANCE $2,289.75 $2,289.75 Fund(s): Public Health & Safety Bond 2008 Comments: This project is No. PH 02 in the FY2012 -2013 Capital Improvement Program. RECOMMENDATION: City staff recommends the awarding of the construction contract for $1,680,500.00 to Sal -Con, Inc. of Corpus Christi, Texas in support of the Fire Station No. 5 Relocation Project (Bond 2008). The project is scheduled to take 270 Calendar Days of construction time. Anticipated completion is expected to be in the November 2013 timeframe. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation J:ALegistar Conections\FY 13 \1 -Jan 8 \Fire Station 5\Memo -Fire Station 5.docx PROJECT BUDGET Fire Station No. 5 Relocation Project No. 5245 January 15, 2013 FUNDS AVAILABLE: Public Health & Safety Capital Improvement Budget (Bond 2008 ) ........................... $ 2,000,000.00 Interlocal Agreement with CCISD ...................................... ............................... $ 193,800.00 Wastewater.................................................................. ............................... $ 1,500.00 TOTAL AVAILABLE: ..................................................................................... $ 2,195,300.00 FUNDS REQUIRED: Construction (Sal -con, Inc.) $ 1,680,500.00 Contingencies 7% .......................................................... ............................... $ 117,635.00 Consultant Fees: Consultant Design (SolkaNavaTorno, LLC..)* ...................... ............................... $ 231,634.00 Testing Agreement (Kleinfelder Central, Inc.) (Geotechnical Study) * * ....................... $ 24,600.00 Reimbursements Contract Administration (Contract Preparatio n/Awa rd/Ad min) .. ............................... $ Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ...... ............................... $ Finance Reimbursements ................................................ ............................... $ Misc. (Printing, Advertising, etc.) ....................................... ............................... $ Public Art (1.25% of Construction) ................................. ............................... $ TOTAL........................................................................ ............................... $ Estimated Project Balance ............................................... ............................... $ * Consultant Contract awarded by City Council Action on April 19, 2011. ** Testing Agreement awarded administratively on June 23, 2010. 42,012.50 42,012.50 25,207.50 8,402.50 21,006.25 2,193,010.25 2,289.75 I \councilexhibits \exh5145.dwg tF MUECES B-ly sue^ Q 0!q v RO ua Rr� EXISTING m�P w z eR RD FIRESTATION wo oha^ er w o o IH37 o c U Y ZQ J � 2 K U I DIID4 DIl � n HWY44 HUINtj CORP`(.(S CX2uS�r = coRRUS PROPOSED = CHRISTI Ay °m INTERNATIONAL FIRE STATION W. POINT dq�TOGge<�D�� Sp o�0AY0 EL OSO \ LOCATION MAP NOT TO SCALE <9 CVO BUFFALO ST. �Fal?) A � LL� EXISTING a FIRE STATION ANTELOPE STREET ANTELOPE ST PROPOSED PROJECT SITE Jo• LEOPARD ST. LEOPARD ST ~ a ~ -� p 4 07 Z � N n g UpR /VF�,R pqQ ��� a a 0JG oJ� O n �4�i R ROAD l I VICINITY MAP PROJECT #5245 NOT TO SCALE CITY COUNCIL EXHIBIT FIRE STA TION No. 5 REL OCA TION CITY E CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 FMOW aw z i m 4" O C� o 4� N � 00 V � O � U �, • IN C C C a cv w � o= U to • IN C C C a cv c+� O N L6 c� O w O O c� Q rC O O Q a o ° N v .O Z O Q � O � c� � Q O O U '+� +-j a) O a U c �r �2 co I 7A �2 Kii FAR • Y�t AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 Action Item for the City Council Meeting of January 15, 2013 DATE: December 4, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Submit Nomination Form for TXDOT's Transportation Enhancement Program Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive CAPTION: Resolution authorizing the City Manager, or designee, to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive Project, with intent to commit funds for a city match of $37,361 for a total construction cost of $186,804 (Bond 2012). PURPOSE: The purpose of this agenda item is to receive authorization to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive Project with a City match of $37,361, and total construction cost of $186,804 (Bond 2012). BACKGROUND AND FINDINGS: This landscaping improvements project is part of the Holly Road Street Reconstruction project from SH 286 (Crosstown Expressway) to Greenwood Drive. This project will provide for the landscaping of the median dividing the four -lane arterial street. The work is anticipated to result in driver safety, and confidence, economic growth, city pride, beautification, enhancement of the quality of life, and environmental improvements to the area by the addition of trees and green space as well as a better ride quality by limiting the turning movements. The City is requesting funding for this project from the Texas Department of Transportation — Transportation Enhancement Program to utilize the opportunity for additional funding for this project. The City match for this project will come from Bond 2012 Proposition No. 1: Street Projects, Sequence 15, Holly Road Street Reconstruction project from SH 286 (Crosstown Expressway) to Greenwood Drive funding. J: \LEGISTARTY 13 \1 -JAN 8 \HOLLY ROAD LANDSCAPING \MEMO - HOLLY ROAD LANDSCAPING.DOCX ALTERNATIVES: • Do not provide authority to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation. (Not Recommended) CONFORMITY TO CITY POLICY: The Resolution conforms to all applicable City Policies. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Not applicable FINANCIAL IMPACT: CIP Amendment for Bond 2012 Fiscal Year Project to Date 2011 -2012 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,150,000.00 $1,150,000.00 Encumbered / Expended Amount This item $37,361.00 $37,361.00 BALANCE $1,112,639.00 $1,112,639.00 Fund(s): See CIP Amendment Attachment One Comments: The Transportation Enhancement Program is administered by the Texas Department of Transportation (TXDOT) and provides opportunities for non - traditional transportation activities. Projects must go above and beyond standard transportation activities and be integrated into the surrounding environment in a sensitive and creative manner that contributes to the livelihood of the community, promotes the quality of the environment and enhances the aesthetics of the roadways. Projects undertaken with enhancement funds are eligible for reimbursement of up to 80 percent of allowable costs. RECOMMENDATION: Passage of the Resolution as proposed for authority to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive Project with a City match of $37,361, and total construction cost of $186,804 (Bond 2012). LIST OF SUPPORTING DOCUMENTS: Location Map Resolution J: \LEGISTARTY 13 \1 -JAN MOLLY ROAD LANDSCAPING \MEMO -HOLLY ROAD LANDSCAPING. DOCX Holly Road Landscaping Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS from SH 286 to Greenwood Drive DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive (Bond 2012) Project, with intent to commit funds for a city match of $37,361 for a total construction cost of $186,804. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a Nomination Form to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for the Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive (Bond 2012) Project, with intent to commit applicable matching funds in the amount of $37,361. The total construction cost is $186,804. SECTION 2. The City Manager, or designee, is authorized to execute all documents necessary to administer, apply for, accept, reject, alter, or terminate the grant. SECTION 3. The City of Corpus Christi supports the funding for the project. SECTION 4. The City of Corpus Christi commits to the project's development, implementation, construction, maintenance, management and financing, subject to any necessary appropriation of funds. SECTION 5. The Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor J: \LEGISTAR CORRECTIONSTY 13 \1 -JAN MOLLY ROAD LANDSCAPING \RESOLUTION - HOLLY ROAD LANDSCAPING.DOCX Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott J: \LEGISTAR CORRECTIONSTY 13 \1 -JAN 8 \HOLLY ROAD LANDSCAPING \RESOLUTION - HOLLY ROAD LANDSCAPING.DOCX SC G° 01 AGENDA MEMORANDUM KaPA 4P Future Agenda Item for the City Council Meeting of January 8, 2013 $ Action Agenda Item for the City Council Meeting of January 15, 2013 DATE: December 13, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Eddie Ortega, Director of Neighborhood Services eddieo @cctexas.com (361) 826 -3234 Execute Construction Contract ADA Improvements Group 3 (Bond Issue 2008) Accessible Routes in CDBG Residential Areas Phase 1 and Phase 2 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Ti- Zack Concrete, Inc. of Le Center, Minnesota in the amount of $1,032,416.50 for the Base Bid of ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in Community Development Block Grant (CDBG) Residential Areas Phase 1 and Phase 2. PURPOSE: The purpose of this item is to execute the construction contract for ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in CDBG Residential Areas Phase 1 and Phase 2. BACKGROUND AND FINDINGS: The proposed project is funded through the Street Bond 2008 program and the Community Development Block Grant Program. The contract has bid and City Council approval is required for construction to begin. The project consists of Americans with Disabilities Act (ADA) Improvements to selected City street intersections within the ADA Group 3 Project and CDBG Phases 1 and 2 limits, and four (4) to five (5) foot wide sidewalks along selected CDBG areas. J: \LEGISTARTY 13 \1 -JAN 8 \ADA GROUP MEMO -ADA GROUP 3.DOCX The design effort for this type of accessible retrofit is very intense due to the amount of survey and design work required to fit the ramp into an existing situation with utility and surface conflicts. Each curb ramp location is a separate project and they are located all over the city versus one big continuous project at one project site. The degree of design used on this project helped to reduce construction costs keeping this project well under the budgeted amount. The intent is to provide for the construction of ADA compliant curb ramps and attached sidewalk facilities at intersections where street construction projects are not currently planned. Except for the outlined CDBG areas that will receive planned sidewalk improvements, other sidewalks will be improved only as needed to achieve ADA compliant transition as determined on an individual ramp location basis. ADA Group 3, Bond Issue 2008, and Accessible Routes in CDBG residential Areas Phases 1 & 2 Project streets, boundaries, and estimated base bid items are described as follows: The ADA Improvements Group 3, Bond Issue 2008 project provides for approximately 250 curb ramps on portions of five (5) city streets including: 1. Staples Street from Louisiana Parkway to Brawner Parkway 2. Ayers Street from Six Points to Horne Road 3. Carroll Lane from Staples Street to Tiger Lane 4 Gollihar Road from Kostoryz Road to Weber Road 5. Tiger Lane from Carroll Lane to Everhart Road The Accessible Routes In CDBG Residential Areas Phase 1 & Phase 2 project provides for approximately 26 curb ramp on portions of nine (9) City streets including: 1. Villa Drive from Leopard Street to Up River Road 2. Leopard Street from Lancaster Drive to Mueller Street 3. Graham Road from Waldron Road to Wranosky Park 4. Live Oak from Cenizo Avenue to Retama Avenue Saxet Heights No. 2, Block 4, a loop formed by: 5. Elmore Drive 6. Brooks Drive 7. Wilson Drive 8. Macleod Drive 9. Flour Bluff Drive from SPID to Sunbird Street On October 17, 2012, the City received proposals from two (2) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Ti -Zack Concrete, Inc. $1,032,416.50 Le Center, Minnesota Brazos Paving, Inc. $1,144,471.65 Bryan, Texas J: \LEGISTARTY 13 \1 -JAN 8 \ADA GROUP MEMO -ADA GROUP 3.DOCX ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. (Not recommended) OTHER CONSIDERATIONS: The City's consultant, CH2M Hill, conducted a bid analysis of the two (2) proposals submitted to the City. The lowest bidder based on the Total Base Bid is Ti -Zack Concrete, Inc. of Le Center, Minnesota. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Ti -Zack Concrete, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria, FY 2012 -2013 Street Capital Improvement Planning (CIP) Budget, and CDBG Program. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Neighborhood Services Department FINANCIAL IMPACT: CIP and CDBG FY `13 CIP Street Section Sequences 1, 2 & 5. Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $3,442,000 $1,758,000.00 $5,200,000.00 Encumbered / Expended Amount 3,442,000 404,658.00 3,846,658.00 This item 1,032,416.50 1,032,416.50 Future Project Expenditures 320,925.50 320,925.50 BALANCE 01 01 0 Fund(s): Street CIP, CDBG Program Comments: The project requires 201 calendar days, with anticipated completion approximately August 2013. Thus, funding for this contract will only be required during Fiscal Year 2012 -2013. J: \LEGISTARTY 13 \1 -JAN 8 \ADA GROUP MEMO - ADA GROUP 3.DOCX RECOMMENDATION: City staff and CH2M Hill recommend that the construction contract be awarded to Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $1,032,416.50 for the ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in CDBG Residential Areas Phase 1 and Phase 2 for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map J: \LEGISTARTY 13 \1 -JAN 8 \ADA GROUP MEMO - ADA GROUP 3.DOCX PROJECT BUDGET ADA IMPROVEMENTS GROUP 3 (BOND ISSUE 2008) (Project No. E11014) ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS PHASE 1 AND 2 (Project No. E10066) Action Agenda January 15, 2013 FUNDS AVAILABLE: Street CIP FY 2013 ........................................................ ............................... $5,000,000.00 CDBG Phase 1 .............................................................. ............................... 100,000.00 CDBG Phase 2 .............................................................. ............................... 100,000.00 TOTAL........................................................................ ............................... $5,200,000.00 FUNDS REQUIRED: Construction (Ti -Zack Concrete, Inc.) Base Bid .................... ............................... $1,032,416.50 Contingencies ( 10%) ....................................................... ............................... 103,241.65 Consultant Fees: Consultant Design (CH2M Hill) * ....................................... ............................... 404,658.00 Construction Materials Testing (Rock Engineering & Testing Laboratory) .................. 29,576.00 Reimbursements: Contract Administration (Contract Preparatio n/Awa rd/Ad min) .. ............................... 28,391.45 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ...... ............................... 154,554.32 Misc. (Printing, Advertising, etc.) ....................................... ............................... 5,162.08 Prior ADA Construction Projects .................................... ............................... 3,442,000.00 TOTAL........................................................................ ............................... $5,200,000.00 BALANCE.................................................................... ............................... $0.00 * Original Consultant Design Contract awarded on November 17, 2009 to CH2M Hill (Motion No. M2009 -324). Amendment Nos. 1, 2, 3 included the design work for this project. Construction Observation Services is not included in Consultant Design Contract and will be performed by City Staff. Dject \ co uncilexh ibits \ exhADA— IN —CDBG- PROJECT LOCATION VILLA FROM LEOPARD TO UP RIVER RD. I T � z 0 Q BEAR PRINT PROJECT LOCATION CARROLL FROM STAPLES TO TIGER LANE F,K 43 PROJECT LOCATION TIGER LANE FROM CARROLL TO EVERHART Ch Q�hPI 4 <1 EM 2444 PROJECTS #E11014 & #E10066 PROJECT LOCATION LIVE OAK FROM CENIZO TO RETAMA PROJECT LOCATION LEOPARD FROM LANCASTER TO MUELLER PROJECT LOCATION ELMORE /BROOKS /WILSON/ CORPUS �A PROJECT LOCATION CH2iISV AYERS FROM SIX BAY POINTS TO HORNE �9 PROJECT LOCATION 2� STAPLES FROM LOUISIANA 90 PARKWAY TO BRAWNER PARKWAY PROJECT LOCATION GOLLIHAR FROM KOSTORYZ TO WEBER PROJECT LOCATION q� GRAHAM FORM WALDRON TO WRANOSKY PARK PROJECT LOCATION FLOUR BLUFF DRIVE FROM I� 2 SPID TO SUNBIRD STREET Q SAS OQ-- S� Oz Q LOCATION MAP NOT TO SCALE ADA IMPROVEMENTS - GROUP 3 CITY COUNCIL EXHIBIT BOND ISSUE 2008 CITY OF CORPUS CHRISTI, TEXAS $ DEPARTMENT OF ENGINEERING SERVICES ACCESSIBLE ROUTES IN CDBG RESIDENTIAL AREAS, PH.1 PAGE: 1 of 1 0 • oil i .r . O Cn O 4� N � 00 V � O U � �, I M I U) rl -2 cq U) 0 C\l u I ) C\l Ln Qa Cl 0 U LU I M I U) rl -2 cq U) 0 C\l u I ) C\l w i co O N ct � � O N ct cn Ct : ct A • U •+J � U 0 � � U � vo O � � N cn U U U 4 U w 65 � U � • � J a a� It co 00 00 00 00 00 00 O O O O L 6c3 MER L • O • O 00 ° 00 00 00 00 00 � coo 00 Cfl ago 00 00 0� rl- 0 O 'IT N (C) L O O • 00 O m O N O coo � N O � N � 6c3 � 0 MER L • O • O • O 0 • N O m W U U O O * r U L 2 0 a N J 0 U O U m (Y) 0 W N O N 2) JN N~ to O O U O O O N N D O a s L L L U O N O U Q 0) 0 C'1V Q -- Q �� Z3 � L y--� < ` Z �♦ W M N, N, Z Q Q Q Q Q Q LL v) U U F- LL U V O U U U NE L_ L� n F MER Ga O� H AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 NoP ©pE° Action Item for the City Council Meeting of January 15, 2013 1852 DATE: December 18, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; 826 -3729 Lawrence Mikolojczyk, Director of Solid Waste Operations LawM @cctexas.com; 826 -1972 Award of Contract for Professional Services: Cefe Valenzuela Landfill — Landfill Pavement /Roadway Life Cycle Replacement CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central Inc., of Corpus Christi, Texas in the amount of $290,029.00 for the Cefe Valenzuela Landfill — Landfill Pave ment/Roadway Life Cycle Replacement. PURPOSE: The purpose of this Agenda Item is to authorize the proposed consultant to provide a study and then design for the reconstruction of the Cefe Valenzuela landfill access road. BACKGROUND AND FINDINGS: Internal roadways located at J.C. Elliott and Cefe Valenzuela Landfills require periodic replacement due to the life cycle of the pavement and deterioration caused by heavy truck traffic. Roadways at J.C. Elliott landfill are currently under construction for improvements. Cefe Valenzuela Landfill internal roadways have experience pre- mature failures and require reconstruction. Addition repairs are required at County Road 20 which provides access to the Landfill entrance. This roadway has deteriorated, and will require reconstruction. Analysis of internal roadway alignment and development of the secondary landfill entrance needs to be evaluated in terms of continued landfill operation during roadway reconstruction. Kleinfelder Central Inc. of Corpus Christi, Texas was selected for this project as a result of Request for Qualification (RFQ) No. 2011 -05 Professional Services for Department of Engineering Services Projects, dated November 14, 2011. ALTERNATIVES: 1. Award the Consulting contract to Kleinfelder Central Inc. as proposed. 2. Do not award the Consulting contract to Kleinfelder Central Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Budget EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- Project to Date 2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $750,000.00 $2,552,529.00 $3,302,529.00_ Encumbered / Expended Amount $0.00 $0.00 This item $290,029.00 $0.00 $290,029.00 Future Expenditures $459,971.00 $2,552,529.00 $3,012,500.00 BALANCE $0.001 $0.001 $0.001 $0.00 Fund(s): #06 Public Health & Safety CIP Comments: N/A RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Kleinfelder Central Inc. of Corpus Christi, Texas in the amount of $290,029.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Location Map PROJECT BUDGET CEFE VALENZUELA LANDFILL - LANDFILL PAVEMENT /ROADWAY LIFE CYCLE REPLACEMENT Project No. 5232 January 15, 2013 111 ki I WIFAT /_11 Wail --1114 Sanitary Landfill 2008 CIP ( CO) ..................................................... ............................... $ 750,000.00 Future CIP budget request ........................................................... ............................... $ 2,552,529.00 TOTAL..................................................................................... ............................... 3,302,529.00 FUNDS REQUIRED: Construction Estimate Base Bid .................................................... ............................... 2,500,000.00 Contingencies ( 10%) ................................................................... ............................... 250,000.00 Consultant Fees: Consultant Design ( Kleinfelder) ..................................................... ............................... 290,029.00 Construction Materials Testing ( estimate) ........................................ ............................... 37,500.00 Geotechnical Engineering Testing ( estimate) .................................... ............................... 37,500.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) .............. ............................... 56,250.00 Engineering Services (Project Mgt/Construction Inspection/Traffic Mgt) . ............................... 87,500.00 Finance.................................................................................... ............................... 31,250.00 Misc. (Printing, Advertising, etc.) .................................................... ............................... 12,500.00 TOTAL..................................................................................... ............................... 3,302,529.00 ESTIMATED PROJECT BALANCE ............................................... ............................... $ - \Mproject \ councilexhibits \exh5232b. dwg � � IVVLI�LJ aH l `` Up RI �R s READ z °o 1F0�°A/�D Y ST IH37 N ° g � p U � Z W Q Z N � Z W Y U HWY 44 AGNES o V•0. mi Ll: F.M. 43 NUECES COUNTY n F.M. 665 co cn 0 F.M. 20 n 10 FM 2444 J.C. ELLIOTT LANDFILL F.M. 43 CID 00 N 2 � N i F.M. 14 0 SITE LOCATION MAP NOT TO SCALE PROJECT # 5232 Ch 4nnC'/ �o CABANISS FIELD FM 2444 W/ff� ezb" CITY COUNCIL EXHIBIT CEFE VALENZUELA LANDFILL CITY OF CORPUS CHRISTI, TEXAS LIFE CYCLE REPLACEMENT DEPARTMENT OF ENGINEERING SERVICES — PAGE: 1 of 1 — — 0 z J Q ° o Y CORPUS N Z ° F o CHRISTI o 0 °° m INTERNATIONAL W z Y AIRPORT ° BEAR z a CORPUS/CHRISTI �o� V•0. mi Ll: F.M. 43 NUECES COUNTY n F.M. 665 co cn 0 F.M. 20 n 10 FM 2444 J.C. ELLIOTT LANDFILL F.M. 43 CID 00 N 2 � N i F.M. 14 0 SITE LOCATION MAP NOT TO SCALE PROJECT # 5232 Ch 4nnC'/ �o CABANISS FIELD FM 2444 W/ff� ezb" CITY COUNCIL EXHIBIT CEFE VALENZUELA LANDFILL CITY OF CORPUS CHRISTI, TEXAS LIFE CYCLE REPLACEMENT DEPARTMENT OF ENGINEERING SERVICES — PAGE: 1 of 1 — — CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and KLEINFELDER, a Texas corporation, 5002 Ambassador Row, Corpus Christi, Texas 78416, (Architect/Engineer — A/E), hereby agree as follows: SCOPE OF PROJECT (Cefe Valenzuela Landfill Pavement/Roadway Life Cycle Replacement)(Project No. 5232) Internal Roadways and pavement located at the Cefe Valenzuela Landfill require periodic replacement due to the life cycle of the roadways and deterioration caused by heavy truck traffic. Recommended work is necessary to allow continued access to the facility. Additionally, post closure monitoring and mulching operations require construction of additional internally roadways. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and 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 A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering (A/E) Services Page 1 of 3 K,VENGINEERING DATAEXCHANGEViNGIEWSOLID WASTE%5232 JC ELLIOTTAND CEFE VALENZUELA LANDFILL PAVEMENTAND ROADWAY LIFE CYCLE REPLACEMEN11AGENDA ITEM CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $290,029.00, (Two Hundred Ninety Thousand Twenty Nine Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon 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 A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) S. 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 A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the 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. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering (A/E) Services Page 2 of 3 K%ENGLNEERWG DATAEXCNANGEIANGIEMISOLID WASTE15232 JC ELLIOTTAND CEFE VALENZUELA LANDFILL PAVEMENTAND ROADWAY LIFE CYCLE REPLACEMENT%AGENDA ITEM 1 CONTRACT PROFESSIONAL SERVICES DOC Oscar R. Martinez, i ' . I- -w- Office of Management • and Budget I .2= Project Number 5232 Funding Source- 550950-3365-00000-140329 Fund Name: Sanitary Landfill 2008 CIP Encumbrance Number: ENTERED MHERIMMUMM Contract for Engineering (AfE) Services Page 3 of 3 K.%ENGINEERING DATAFXCHANGBANGIEWSOLID WAST05232 JC ELUOTTAND CEFE VALENZOELA LANDFILL PAVEMENTAND ROADWAY UFE CYCLE REPLACE ME WWWNDA ITFMU CONTRACT PROFESSMNAL SERVICES DOC KLE/NF'ELOER Bright People. Right Solutions. October 5, 2012 Proposal No. 129062 Mr. Dan Biles City Engineer 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Subject: Proposal for Cefe F. Valenzuela Landfill Road Improvements (City of Corpus Christi Project Number 5233) Nueces County, Texas Dear Mr. Biles: Kleinfelder is pleased to submit this revised proposal to the City of Corpus Christi for the above referenced projects based on the comments received in our meeting with Mr. Lawrence Mikolajczyk and Mr. Riaz Ahmed on September 27, 2012. Please find attached the following documents for your review and consideration: 1. Exhibit A 2. Exhibit "A -1" 3. Budget Summary Spreadsheet We appreciate the opportunity to provide you with this Proposal. If you have any questions, please contact us. We are ready to begin work and look forward to providing you with our services. Sincerely, KLEINFELDER CENTRAL, INC. Texas Registered Engineering Firm F -5592 ema��dAl-Turk, P.E. Vice President Attachments: Exhibit A Exhibit A -1 Budget Summary Spreadsheet rry Ips reu S� 1 Clien Account Manager cc: Mr. Lawrence Mikolajczyk, Director of Solid Waste Operations City of Corpus Christi Mr. Riaz Ahmed, Project Manager City of Corpus Christi 129062 / CCH12P0239R3 Page 1 of 1 July 24, 2012 Copyright 2012 Kleinfelder Revision No. 3, Dated October 5, 2012 5002 Ambassador Row, Corpus Christi, Texas 78416 p l 361.854.4774 f 1 361.854.4924 EXHIBIT "All Pa e1of15 4.1412911:11W-11 CITY OF CORPUS CHRISTI, TEXAS CEFE F. VALENZUELA ROAD IMPROVEMENTS ANALYSIS CORPUS CHRISTI PROJECT NUMBER 5233 PROJECT UNDERSTANDING The Cefe Valenzuela Landfill access road is located on County Road 20, approximately 3,100 feet west of the intersection with FM 2444. The access road is approximately 9,600 feet in length and extends from County Road 20 to the landfill operations area. Since the landfill opened in 2007, the landfill access roadways and the section of County Road 20 have experienced a substantial increase in commercial traffic, with some recorded accidents. The roadway pavements are currently experiencing significant pavement distress and are considered past the original design life. The Engineering Design for the reconstruction of the Cefe Valenzuela Landfill access road (approximately 9,600 If) and County Road 20 from FM 2444 to the landfill access road entrance (approximately 3,100 If) will be based on 30 years design life. The traffic projections will be based on actual 2011 traffic volume with a 3 % annual increase over the 30 years design life. The design will also reflect increased truck traffic and truck weights for short periods of time that may result from an emergency or disaster. 1. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Arch itect/Eng i nee r-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 design memorandum which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. PF9Vide 6G9pe of soil beFonq6, and- 'a-ht9r--;atn-Fy te6tiFlq. (The b. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in - . e# L1-) formal meetings 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 participate in discussions with the operating department and other agencies (such as the Texas M T "A"of15 Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and ten (10) paper copies of the Design Memorandum (or Engineering Report), with executive summary, opinion of probable construction costs - with - life -sysle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The A/E 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). 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) that — areReed`ed —fey the F�rejes�(Environmental issues and archeological services to be an Additional Service). EXHIBIT $$A" Page 3 of 15 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. S) Provide a letter stating that the A/E and Sub - consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 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. (A/E to coordinate with City Operating Department). g. PFGYede applirable MasteF Plans. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement design memorandum 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 ene-a Mud le Lone_) sets 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 or for multiple bids, 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 4 of 15 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 and probable construction schedule; e. Furnish one (1) copy of the interim plans (plans only - identify needed specifications) 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 interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide 1 copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. EXHIBIT "A" Pa e5of15 Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub - consultant 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. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide one (1) set (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. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. n. Ordinance No. 19663 establishes the Municipal Public Arts Program requiring works of art to be included in certain city vertical construction projects. If it is determined this project is subject to Municipal Public Art Program, the architect/engineer will cooperate during the design process to fulfill the requirements of the ordinance. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction 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. EXHIBIT "A" Page 6 of 15 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. The City staff will: a. Arrange and 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 ME will perform contract administration to include the following: a. Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. EXHIBIT "A" Page 7 of 15 d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. 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. EXHIBIT "A" of 15 1 - l� 11 I MI T • l ■ - ■ i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. 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. EXHIBIT "A" of 15 The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. 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. , eF any GtheF Fail o AIDES Der.r.ig meRdFnentG f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g-- Nweses -SeuRty 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 plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I =EXHIBIT "A" of15 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 with 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. 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 with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'D 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. Environmental Issues . -- T: - - 5. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 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 EXHIBIT "A" Pa e10of16 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: EXHIBIT "A" Page 11 of 15 l:4 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 B. the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. C. 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. EXHIBIT "A" Pa e12of15 =JIM 1 7. 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. Q- Geotechnical investigation, borings, and laboratory testing. Provide necessary soil investigation and testing. 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday 12/5/2012 Begin Preliminary Phase . ■. 1/14/2013 Begin Design Phase Friday 3/1/2013 Interim Submittal Friday 3/22/2013 City Review Friday 4/26/2013 Pre -Final Submittal Friday 5/17/2013 City Review Friday 6/14/2013 Final Submittal Monday 6/24/2013 Advertise for Bids Tue/Wed/Thu 7/9/10/11/ 2013 Q- Geotechnical investigation, borings, and laboratory testing. Provide necessary soil investigation and testing. 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday 12/5/2012 Begin Preliminary Phase Monday 1/14/2013 Begin Design Phase Friday 3/1/2013 Interim Submittal Friday 3/22/2013 City Review Friday 4/26/2013 Pre -Final Submittal Friday 5/17/2013 City Review Friday 6/14/2013 Final Submittal Monday 6/24/2013 Advertise for Bids Tue/Wed/Thu 7/9/10/11/ 2013 Pre -Bid Conference Wednesday 7/31/2013 Receive Bids Monday 9/12/2013 Begin Construction Weekday 3/10/2014 Construction Completion EXHIBIT "A" Page 13of15 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 based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E'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 A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Pa e14of15 C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $57,747 2. Design Phase $126,545 3. Bid Phase $10,669 4. Construction Phase $39,703 Subtotal Basic Services Fees $234,664 Fee for Additional Services (Allowance) 1. — Rmolwgds TY 11/'1T kNet-l-ands Delineation and Perm# AI�I'1CC Dcr..±i ♦ /Amcnrimcn4� TAll7r`!` Texas Commission on Environmental Quality Total Permitting $8,521 2. ROW Acquisition Survey $14,194 3. Topographic Survey (AUTHORIZED) $19,860 4. Environmental Issues 0 5. Construction Observation Services TBD 6. Start-up Services 0 7. Warranty Phase $3,660 8. Provide SCADA Documentation 0 9. Geotechnical Investigation and Testing $9,130 Sub -Total Additional Services Fees Authorized $55,365 Total Authorized Fee $290,029 EXHIBIT "A" Page 15 of 15 CITY OF CORPUS CHRISTI, TEXAS CEFE F. VALENZUELA ROAD IMPROVEMENTS CORPUS CHRISTI PROJECT NUMBER 5233 EXHIBIT "A -1" SCOPE OF WORK A. Basic Services 1. Preliminary Engineering Task 1: Project Initiation and Data Collection Attend one kick off meeting with the Client. Compile and review available City and County documents related to the landfill access road and CR 20 such as as -built plans, topographic surveys, right -of -way location on CR 20 and CR 57, subsurface explorations, and utility installations. Kleinfelder will request this information during the project information meetings with the City, County and TXDOT. The City has provided electronic CAD versions of the as -built plans or original design plans for use during the conceptual design of alignments. Under this task Keinfelder will utilize existing published information and mapping in preparing the alignment study for road improvement analysis. Task 2: Subsurface Investigation and Testing (Additional Services) Task 3: Pavement Design 1. Prepare an AASHTO pavement design for the Cefe Valenzuela Landfill Access Road with the following parameters. a. The Pavement Design will be based on a 30 year design life. b. Update the ESAL's based on traffic data provided by the City (64,658 loads into the landfill in 2011). c. Evaluate alternatives for recycling the existing pavement or other green alternatives. d. Incorporate increased truck traffic and truck weights for short durations that may result from an emergency /disaster. Determine the overall reduction in pavement design life as a result of increase truck volumes and weights for an assumed number of emergency events throughout the 30 year period. e. Determine the new pavement section that is required to provide a 30 year design life which includes the increased truck volumes and weights for an assumed number of events throughout the 30 year period. EXHIBIT "A -1" Pa e 1 of 12 f. Review the Cefe F. Valenzuela Landfill Pavement Study prepared by Kleinfelder in July 2011 g. Review original pavement design study prepared as part of the Cefe F. Valenzuela Landfill permit document. 2. Prepare an AASHTO pavement design for the section of County Road 20. a. Based on traffic data provided by the City for CR 20, determine the ESAL's b. The new pavement design will be based on a 30 year design life. c. Evaluate alternatives for recycling the existing pavement or other green alternatives. d. Incorporate increased truck traffic and truck weights for short periods of time that may result from an emergency /disaster. Determine the overall reduction in pavement design life as a result of increase truck volumes and weights for an assumed number of events throughout the 30 year period. e. Determine the new pavement section that is required to provide a 30 year design life which includes the increased truck volumes and weights. 3. Prepare an AASHTO pavement design for Temporary Pavement. a. Based on traffic data provided by the City, determine the ESAL's b. The new pavement design will be based on a 2 year design life. c. Determine the pavement section that is required to provide a 2 year design life for temporary pavement to be used during construction. 4. Prepare an engineering analysis and evaluation of the field and laboratory data performed for the geotechnical investigation and pavement design efforts of the project, based on available project concepts. Information to be provided in the report includes the following items. a. Description of the field exploration and laboratory testing b. Summary of laboratory test results c. Discussion of subsurface soil and groundwater conditions d. General discussion of the site geology e. Recommendations for preparation of the pavement subgrade f. Recommendations for pavement thickness based on AASHTO 1997 g. Earthwork recommendations, including backfill requirements h. Plan of borings to scale illustrating the approximate location of each boring i. A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information j. One bound copy and one electronic copy of the report EXHIBIT "A -1" Page 2 of 12 Task 4: Roadway Design Considerations 1. Review the accident reports provided by the City. Evaluate high accident locations and corresponding roadway geometric deficiencies at these locations. 2. For the landfill access road, provide written recommendations for improvement to the horizontal and vertical alignments, as well as the roadway cross section (roadway cross slope, pavement widths) with consideration to high accident locations, acceptable roadway geometrics based on AASHTO A Policy on Geometric Design of Highways and Streets, construction sequencing and maintenance of traffic during construction, pavement design recommendations, heavy truck traffic, operating versus design speed, and impacts to overhead and underground utilities. valuate and recommend traffic calming measures on the access road to control operating speed. 3. For CR 20, provide written recommendations for improvement to the vertical alignment, as well as the roadway cross section (roadway cross slope, pavement widths), acceptable roadway geometrics based on AASHTO A Policy on Geometric Design of Highways and Streets, right -of -way considerations, construction sequencing and maintenance of traffic during construction, pavement design recommendations, design speed, and impacts to overhead and underground utilities. 4. Evaluate and recommend alternatives for construction sequencing and maintenance of traffic so that landfill operations will not be impacted. Alternatives may include temporary roadway widening to maintain two lanes on traffic on or near the existing alignment, new alignment and abandonment of the existing roadway, temporary access routes to provide full access to the landfill, temporary access routes to provide one way access to /from the landfill. 5. Identify, evaluate and recommend alternatives for improving stormwater management and roadway drainage deficiencies that lead to roadway flooding, poor surface drainage (hydroplaning) or undersized conveyance swales. Task 5: Conceptual Opinion of Probable Construction Costs Develop conceptual opinion of probable construction cost based on major item quantities. Unit costs will be based on historical data from past City bid tabulations provided by the City. The purpose of the conceptual opinion of probable construction cost is for budget planning purposes, not for bid or construction. EXHIBIT "A -1" Pa e3of12 Task 6: Basis of Engineering Design Report Prepare the Basis of Engineering Design report presenting the methodology, findings and recommendations for the project. Submit one (1) copy in electronic format, and ten (10) hard copies to the City (included in Basic Services), one (1) hard copy to the County, and one (1) hard copy to TXDOT. Task 7: Meetings The purpose of the following meetings is to present the project scope, collect available information of past project is the area, and solicit input in the planning process for subsequent design phases. Prepare agenda, document and distribute meeting minutes. • One (1) project information meeting with the City of Corpus Christi — Engineering, Streets Operation and Solid Waste • One (1) project information meeting with TCEQ District 14, Corpus Christi • One (1) project information meeting with the County of Nueces • One (1) project information meeting with Texas DOT Corpus Christi District 2. Design Engineering Upon selection of the preferred roadway alignment alternative(s), and approval by the City to proceed, Kleinfelder will perform the following. Task 1: Survey and Controls (Additional Services) Task 2: Design and Construction Plan Production 2.1 Field Reconnaissance Perform one site visit to observe the general site conditions: traffic patterns, above ground utilities, trees and other natural resources, fences, walls and other landscape features, and other relevant features. We will perform a field review of the survey information provided. 2.2 Roadway Alignment and Geometry Develop horizontal and vertical alignment geometry for the proposed roadways for the preferred alignment and proposed roadway cross section. Roadway geometry shall be based on AASHTO and Texas DOT design standards. It is expected that the reconstruction of CR 20 will be on the existing horizontal alignment with minor improvement to the vertical geometry to improve roadway drainage. M"A -1" of12 The engineering design shall take into consideration all factors affecting the cost of the construction, such as foundation problems, earthwork quantities, erosion and sedimentation control, water - quality- treatment issues, construction phasing and complexity, utilities affected, environmental, and selection of construction materials. 2.3 Roadway Cross - Sections Develop roadway cross sections at 50 foot intervals and critical locations. The cross sections will show existing and proposed grades as well as the proposed roadway structure, including notes and dimensions to depict the proposed design. 2.4 Drainage Design Stormwater analysis and design will be limited to the roadside swales along CR 20 and the access road. The analysis and design of existing or new underground storm drain systems and culvert, including the culvert across CR 20 approximately 300 feet west of the access road intersection, detention and retentions system, are not included in this scope of services. The analysis of pre - construction and post - construction stormwater flows is not included in this scope of services since the area of impervious pavement is expected to have a negligible impact on current stormwater rates of runoff. Review existing maps, drawings, field surveys and drainage studies to determine existing drainage patterns and develop drainage area boundaries as necessary. The HydroCAD Stormwater Modelling software, based on SCS TR -20, will be used to analyze and design the roadside swales. Design appropriate channel linings based on anticipated stormwater volumes and flow velocities. 2.5 Utility Conflict Identification Identify and document on the plans potential conflicts between existing utilities and the proposed roadway design, including relocation of utility poles, and depth of covers over existing underground utilities. It is the intent of the roadway design to avoid the relocation of utility poles and underground utilities; however, utility pole relocation may be required to accommodate the proposed roadway alignment or maintenance of traffic during construction. Utility Coordination for relocation with utility owners will be performed by the City. 2.6 Erosion and Sediment Control Prepare Best Management Practices for permanent and temporary erosion and sediment control measures. BMP's shall be per the City standards and details. 2.7 General Contract Plans The City of Corpus Christi standard plans will be incorporated. This includes the Title Sheet; Estimated Quantities, Abbreviations, and General Notes Sheet. EXHIBIT "A -1" Pa e5of12 2.8 Typical Sections Prepare typical sections of the CR 20 and the landfill access road based on City Standards. Label the location of the roadway crownline, method of banking, guardrail details, pavement structure and pavement structure and material types in accordance with the City's standard nomenclature. 2.9 Construction Plans Prepare the Construction Plan and Profile Sheets at a scale of 1 "= 4 feet vertically and 1 "= 40 feet horizontally showing horizontal and vertical alignment and location coordinates based on the survey base plan. The plans will present the existing conditions base plan with the proposed roadway improvements and all items of work clearly identified and labeled as appropriate. Profiles will show existing and proposed grades along the centerline of the roadway, and existing underground utilities (if present). Roadway signage shall be limited to the removal and replacement of existing signs. Preparation of sign plans is not included in this scope of services. Design of landscape improvements and landscape details shall be limited to the removal and relocation of existing landscape features. The development and design of landscape plans is not included in this scope of services. 2.10 Traffic Management Plans Prepare traffic management plans and details that allow for maintenance of traffic during construction. Traffic Management Plans will show the temporary facilities required to maintain traffic (such as temporary roadway widening) and associated construction details including signage and markings. Temporary traffic signals at intersections or for maintaining one -way traffic is not included in this scope of services. The development of detour plans (for road closures during construction) is not included in this scope of services. 2.11 Construction Details Prepare details of key features not satisfactorily described in the City's standard details. Key details shall include the labeling of key materials in accordance with the standard nomenclature and materials specifications. 2.12 Stormwater Pollution Prevention Plan Prepare and submit a Stormwater and Pollution Prevention Plan. Revision, updates and implementation shall be the responsibility of the contractor. 2.13 Estimate of Construction Cost Prepare estimate of probable construction cost based on quantity calculations and historic bid prices for similar projects furnished by the City. EXHIBIT 66A -1" Page 6 of 12 2.14 Quality Control Review Perform a review of the quality and accuracy of the calculations and documents at the interim, pre -final and final plans and bid documents, prepared in accordance with the City's standard specifications and design guidelines, and general engineering practice. 2.15 Meetings and Liaison Kleinfelder will attend and participate in two (2) design development meetings with the City. Prepare agenda, and prepare and distribute meeting minutes. Additional meetings including but not limited to public informational meetings, public hearings, TxDOT, Nueces County meetings, environmental coordination meetings, and utility coordination meeting. Other meetings beyond the design development meetings are not included in this scope of services. 2.16 Contract Plans and Submission Construction plans and Specifications will be prepared utilizing the City of Corpus Christi standard Agreement forms and conditions. Additional requirements from agencies such as Nueces County Public Works and TXDOT will be incorporated into a single contract document for review, bidding and construction purposes. • Interim submission of Plans & Specifications (identify needed specifications) for CR 20 Improvements will be provided to Nueces County and TXDOT for Review and comment ( Nueces County/TXDOT standards). Three set of documents will be prepared and submitted. • Interim, Pre -Final and Final Plans & Specifications for Cefe Landfill Haul Road Improvements will be provided to the City of Corpus Christi for review and comment. One set of documents will be prepared and submitted for each submission. The Construction Plan set will include: • Title Sheet • General Notes sheet • Supplemental General Notes sheet (if needed) • Quantity Summary Sheet • Typical Roadway Sections • Geometric Data • Construction Plan and Profile Sheets • Construction Management Plans • Detail Sheets • Roadway Cross Sections Sheets EXHIBIT "A -1" Pa e7of12 3. Bid Phase This Scope of Services assumes that the project will be bid once. Should the project or portion of the project need to be re -bid, the effort will be undertaken as an Additional Service. 4. Construction Phase Construction phase services are based on an assumed 6 month (24 week) construction schedule. Site visits are budgeted at 24 site visits performed by the Senior Engineer at 8 hours per visit; and 12 visits by the Project Manager at 8 hours per visit. The construction phase services budget is subject to the contractor's production rates and schedule and are beyond the control of the City and Kleinfelder. Should the contractor's schedule required additional labor effort beyond the budget defined herein, such effort shall be considered Additional Services B. Additional Services 1. Permitting The Cefe F. Valenzuela Landfill operates under TCEQ Permit No. 2269. Modifications to the design of the permitted facility will be submitted to the TCEQ as required under 30 TOC chapter 305. Because the facility operates under the state permit, it is assumed an application and review by the City Development Services Department will not be required. Additional services under this task include revisions to the Cefe F. Valenzuela Landfill Permit Document with the TCEQ. Under this scope of work, additional permitting is not anticipated for the items listed under Exhibit A 3.6.1. With these assumptions, an Allowance budget of $8,521 has been allocated for this task. If additional permitting requirements are necessary, Kleinfelder will notify the City of Corpus Christi and prepare an additional scope of work and fee. 2. Right -of -Way (ROW) Acquisition Survey Provide right -of -way survey along a section of CR 20 and along the preferred roadway alignment for the landfill access road for the following limits: CR 20: From the intersection of CR 57 to approximately 300 feet beyond the landfill access road for a distance of approximately 3,500 feet, including approximately 100 feet north and south of CR 57 with the intersection of CR 20. The width of the survey shall be approximately 25 feet beyond the existing right -of -way lines. EXHIBIT "A -1" Pa e8of12 Existing Right -of -way lines shall obtained through field determination, deed research or other methods to properly establish such lines. Property lines shall be obtained through existing plans, and available City records. Right -of -way lines and property lines to be shown on the survey plan. 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 will conform to and be tied into the City's Global Positioning System (GPS) control network and comply with TxDOT requirements as applicable. It is assumed that the preparation of ROW plats and descriptions for acquisition shall not be required since all work is expected to be performed within the existing ROW width. 3. Topographic Survey Provide topographic and planimetric survey along a section of CR 20 and along the preferred roadway alignment for the landfill access road for the following limits: CR 20: From the intersection of CR 57 to approximately 300 feet beyond the landfill access road for a distance of approximately 3,500 feet, including approximately 100 feet north and south of CR 57 with the intersection of CR 20. The width of the survey shall be approximately 25 feet beyond the existing right -of -way lines. Access Road: Since the preferred alignment is not yet defined, this proposal assumes the survey length to be approximately 9,600 linear feet (length of the existing access road from CR 20 to the entrance gate). The width of the survey shall be approximately 220 feet at the entrance, and vary along the length of the access road to encompass the maintained (non - agricultural) roadway side slopes, but not less than 200 feet in width. Perform field survey for the development of a survey base plan for design. All work will conform to and be tied into the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I Specifications of the Texas society of Professional Surveyor's Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. • Locate and identify all utilities both overhead and underground including rim /frame elevations and invert elevations • Locate and identify all drainage systems, including rim /frame elevations, invert elevations and pipe types, and sump elevations, for manholes, catch basins, culverts, and other structures • Locate and identify all drainage swales and channels, providing accurate survey to define the invert elevation and cross section along the entire length, including channel lining type. EXHIBIT "A -1" Pa of 12 • Perform wetland field survey, identification and flagging. • Establish survey control points and temporary bench marks within the limits of the project, with location tied to the grid. Locate and identify all pertinent features to be shown on the survey, including but not limited to, building corners and sill elevations of buildings within the limits of survey, edges of pavement (roadway, sidewalk, driveway, walkways), curbing, above and below ground utilities, utility poles with identification number and guys, fences including height and type, mailboxes, signs, monuments, road striping, overhead wires, surface types for driveways and sidewalks, individual trees with diameter and species type, tree lines. • Prepare an accurate digital terrain model (DTM) required for roadway design (centerline profile and cross section elements) including all fault/break lines located along top and bottom of curb /gutter lines, edges of roadway and driveway pavement, centerline or roadway and all other locations to accurately describe existing topographic information. • Prepare the survey drawing at a scale of 1 " =20 feet. • Provide a hard copy of the survey existing conditions survey stamped by a land surveyor licensed in the State of Texas. Electronic version of the existing conditions base plan survey containing the planimetric and topographic information and a DTM model in AutoCAD Civil 3D. 4. Environmental Issues The Cefe F, Valenzuela Landfill was opened in November 2007, At the present time, no known environmental hazards or conditions are evident at the project site. Should these conditions become apparent or evident during data search, records search, field investigation or construction, Kleinfelder will immediately notify the City of Corpus Christi of this discovery or evidence which may require appropriate action. Kleinfelder will prepare a separate scope and fee for review and approval by the City of Corpus Christi prior to initiating actions to the conditions identified. No estimated Allowance for these services is set at this time. 5. Construction Observation Construction phase services are based on an assumed 6 month (24 week) construction schedule. A budget for full time construction observation services is based on 5 day week, 9 hours per day, for the 24 week construction schedule, for a total of 1080 hours. Kleinfelder shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the work of Contractor(s). Kleinfelder's efforts will be EXHIBIT 6'A -1" Page 10 of 12 directed toward providing a greater degree of confidence for Client that the completed work of Contractor(s) will conform to the Contract Documents, but Kleinfelder shall not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. The construction observation services budget is subject to the contractor's production rates and schedule and are beyond the control of the City and Kleinfelder. Should the contractor's schedule required additional labor effort beyond the budget defined herein, such effort shall be considered Additional Services 6. Start-Up Services Not included 7. Warranty Phase Provide a one -day maintenance guaranty inspection (8 hours) by a project engineer to evaluate the condition of the roadway pavement, sideslopes, roadside swales and other items of work based on a visual inspection only. Prepare a letter report summarizing the condition and recommended action to correct defective conditions. A budget of 16 hours is allocated to the preparation of the report. B. Provide SCADA Documentation Not included 9. Geotechnical Investigation and Testing 1. Field Exploration a. Coordinate field activities with City of Corpus Christi personnel b. Locate the proposed borings using a site plan and measurements from existing landmarks; these locations will be recorded in the field using a hand -held GPS device c. Contact Texas 811 to locate buried utilities within existing easements and right -of -ways d. Mobilize a truck - mounted drilling rig to drill 12 borings, each to a depth of 10 feet below grade e. Sample the subsurface soil continuously to a depth of 10 feet; samples will be collected using either a tube sampler, or a split spoon sampler in conjunction with the standard penetration test f. Observe for groundwater seepage during drilling and, if encountered, after a 10 minute waiting period g. Backfill boreholes with soil cuttings upon completion The borings will be logged in the field by a Kleinfelder engineering technician. M IBIT "A -1a 11 of 12 2. Laboratory Testing Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests may include: Moisture content; Atterberg limits (liquid and plastic limits); Percent passing No. 200 sieve; Dry density and moisture content; Unconfined compressive strength; California Bearing Ratio (CBR). Kleinfelder will retain soil samples for 30 days after submission of the final report. Further storage or transfer of samples can be made at owner expense upon written request. EXHIBIT "A -1" Pa e12of12 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates 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 $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $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 Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 EXHIBIT "B" Pa e 1 of 3 K%Enginewrg DataExchange%ANGIEM%SOLID WASTEW32 JC ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENTIlAgenda ItemtLARGE AE EXHIBIT 8 d= C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2of3 KtEngineenng DataExWan9eYANGIEM%S0L10 WASTB5232 JC ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENTWgenda Item1LARGE AE EXHIBIT B.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 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 "B" Page 3 of 3 KaEngirteanng DataExohangeMGIEM%SOLID WASTE%5232 JC ELLIOTT LANDFILL PAVEMENT LIFE CYCLE REPLACEMENTVIgenda Item1LARGE AE EXHIBIT B.doex y 10-0 O to v 0 O d N 0 O N 0 O U at c Q t2 N � C d E E N V Q E CO a a 0 0 M N U d O 0O > C H � 7 v O ._ O C a — O E � 4s W 10-0 O to v 0 O 0 O co 0 O N 0 O U O C V N V 0 z Or-- M 41 0 M N O O r 613 N Izzz o c 0 m p V � --% O > E J 4 _ = 0 a°'— U N V N Z Z � E °o o a R L f C C 16 0 O O r 10-0 O to 0 O 0 O 0 O co 0 O N 0 O 0 O 0 O 0 O 0 O 0 r r 0 z Or-- M -0-0 r 0 M N 0 0 o a o 0 0 o p p p o 0 0 0 U N N � ° °o o u- •� tan P P P � L� U r E43 r to N 69 N u. L N N 69 M 69 C 0 0 0 O O O 0Ef3 0 0 0 0 O 0 0 to 0 a to o c ° Lq to U 0 0 0 °� H O v o 69 a`� 1° sF00cn Ef3 ca tw in a I- 69 643 00 O o o 0o O o p p p o Oo 00 to r- m m V) ton to tan N LO � r r 643 O O O O O O O 1� Q Q Q t` O ti ti O O to O O O N N m Q Q W) V O O O 1- to N O V- CO F, 1� N ti O M M r r 06' le r y 91, 69 0 0 ao a0a N O N o N r-_ � tn n 69 to N O N 10 i- 1_ tQ N to CO r r 69 r r 69 1 69 r N 69 0 0 co 0 Q Q p N 0 N N 0 0 609 O r O O �- r r r r ER r E9 r E�4 r N d4 00 O 0 0 0 0 0 o 0 0 0 0 O 0 O 0 to to O 00 O O O O O F. � (V N � N� N � M EXHIBIT "C" of 1 � N N N V a m .E a vii rna o m a. O m U U) M EXHIBIT "C" of 1 N U N N (J1 to u- •� L� U to N u. L N t C 0 U rn� o c ° ¢ E U 0 0 0 °� O U O v o Qa� a`� 1° sF00cn to ca tw in a I- M EXHIBIT "C" of 1 �AlSUPPLIER NUMBER TO BE ASSIGNED BY TrY- PURCHASING DIVISION of CITY OF CORPUS CHRISTI chrtsu 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 app[icable, answer with 'NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Kleinfelder P. O. BOX: STREET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi ZIP: 78416 FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner E] 4. Association S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City, of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm.' Name Job Title and City Department (if known) 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. Stale 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. Certifying Person: Emad Al Turk, P. E. Title: (Type or Print) Vice President Signature of Certifying ��� Date: Persoa: - , 44po DEFINITIONS X - /o -iz 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 firsts, 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. r At O C1) F� V O � U � U �, O N co O C 7 O U co O ;��. ttt7 v �{`r�rt�,i�i i %t ,'�trFf7fi,1��1�� / /f1 l ',. }� {y�,!� I,t�j `•} � ?'r /r,�t.,, ��" � , a`+rs /' �t?��✓ / ,,: "i / ?, 4� Vin, // fit,. / � /� �. 5 ✓%/ % �r J? Irt�� %yl f /� yl)l //� �:� rr�v� ���£ l l�/ f/� /' � � /i : ' i ill f /// l � �sS"'' l /f ;rl it J }�Ys� r lP,. sl �/ \ t j �t`• • �S �5/f � • ./ ✓� ll it // i`rJ rJ�( {(�%{q1���G %} /l J /Y //l � /. (Y" f �.�; /�/ /��/ �� /ra tit {y�;������rr� ��� /.,✓r/,r / ✓l /l//// / /�/ 'fist:. '?i„" r'� �" � }�����Fh • � { / ll f /✓ >�������� }�T���f �kt{� �� / / / %.. ✓7 t/r / ✓� l � '' r /`tipt� rP{;J�,� • • /? i�f l/'f {/ ✓ 1sJ {7PY.'1�,}r'�i }2t� �#{i Jj�}�, sf`f��rt'� � / r� l ✓/ � � �" l/ f %/ / i � II `�'i�s ���� >�v��i" 3 �%%;5'�r} � / %/ � //l / r/l •. .� (. &' / / yr t7� ff�rJ��? �3 k �5�+�� / f,/ /� %% �' �; i{ r✓'{ S ? / t:j �� • ��fl �i ,s' / ✓ r� " «:< n:�)� � /�ri�US� {r,,:�.:.��/ r'�zx;?��„r%', ✓f� � {���// fR1k�,mS3�f'� � /, r /;s�� O L D U N O L O ti N U N O L co �r r lw W Z J OQO H LU w CL p W Q W MER 00 00 00 00 00 00 00 00 000 000 00 O 0 O 0 0 O O 0 O O LO N N O LO LO 0 o O N 0 Lo LO N LO (\A Lr) 0 LO NO 0 OO 0 (j O ti Lr) CO (Y N O (j I` LO C7 Lr) (\A N N (� N 6c3 • 0 �o � N 70 0 • Q O � O O L � 1 L LLJ -- Q LU 0) N O 0 (D (6 U O m o 0 a� L •fn ` � � � O L o a� o a, � U > ON E 0 N LU LL! = 0 U U D c (6 � U L Q J� 7 p LU U N O. V N Cn m O W O N LL m U 0 _ Q m O U �. i () O Q O V �. Z3� c6 O U Q J Cl C: 0 z3 U O N a m N Q W ,O O O N J Q O "� w U �. O O U O U U U� E O 0 to Q (6 Q cn O O O N O O ._ p C/) U- p U U U 01- U Lu U- O Z Z LL LL lw W Z J OQO H LU w CL p W Q W MER Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 15, 2013 DATE: January 8, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Jim Davis, Director of General Services jim cctexas.co (361) 857 -1909 Elevator & Escalator Maintenance CAPTION: Motion approving a service agreement with Schindler Elevator Corporation, San Antonio, Texas for elevator and escalator maintenance in accordance with Bid Invitation No. BI- 0249 -12, based on lowest responsible bid, for a total expenditure of $93,084.00 of which $54,299.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for one (1) year with four (4) automatic one -year extensions, subject to annual appropriation. Funds have been budgeted by the various using Departments in FY 2012 -2013. PURPOSE: This service agreement will provide for the maintenance, repair and inspection of City elevators and escalators in order to ensure that they are operating properly and in compliance with current ASME safety codes. BACKGROUND AND FINDINGS: All options to extend the previous contract were exercised, requiring that this service be re -bid. For reasons of public safety, regulatory control, technical oversight, quality assurance and administrative requirements, it is in the City's best interest to award this contract to a single contractor. The contract will be administered by Facilities Management and applies to elevators and escalators at the following locations: City Hall, American Bank Center, International Airport, Museum, Health Department, Ayers Service Center, Stevens Water Plant, Multi- Cultural Center, Central Library, Police Department, Parkdale Branch Library, Frost Building and the Greenwood Wastewater Plant. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The contract allows for a two percent (2 %) increase in pricing each year the service agreement is extended. Taking this price escalation into consideration over the five -year period, the bid from Schindler Elevator Corporation is lower than the next bid by $103,286.00. 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: General Services 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 $1,091,554.17 $38,785.00 $1,130,339.17 Encumbered / Expended Amount $419,150.81 $0 $419,150.81 This item $54,299.00 $38,785.00 $937084.00 BALANCE $6187104.36 $6187104.36 Fund(s): Facilities Maintenance Services Fund, Visitor's Facility Fund, Airport Fund, General Fund, Maintenance Service Fund, Water Fund, Wastewater System Fund. Comments: The $54,299 financial impact shown above represents seven (7) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $38,785.00 for the last five (5) months of the contract will be requested during the normal FY 2013/2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID INVITATION NO. BI- 0249 -12 BUYER - GERALD GOODWIN ELEVATORIESCALATOR MAINTENANCE ITEM DESCRIPTION Schindler Elevator Corp. San Antonio, TX YEAR 1 PRICE Nueces Elevator Co. Corpus Christi, TX YEAR 1 PRICE Thyssen Krupp Elevator Corpus Christi, TX YEAR 1 PRICE EMIR Elevator, Inc. San Antonio, TX YEAR 1 PRICE 1. CITY HALL $18,000 $24,000 $21,600 $24,960 2. AMERICAN BANK CENTER $29,400 $42,000 $43,500 $48,840 3. INTERNATIONAL AIRPORT $25,080 $24,000 $31,980 $32,460 4. MUSEUM $2,040 $2,400 $4,200 $5,160 5. HEALTH DEPARTMENT $1,020 $1,200 $2,100 $2,580 6. AYERS SERVICE CENTER $144 $280 $1,200 $1,440 7. STEVENS WATER PLANT $1,800 $1,800 $3,000 $3,840 8. MULTICULTURAL CENTER $1,200 $840 $1,200 $3,840 9. CENTRAL LIBRARY $2,040 $2,400 $4,200 $5,160 10. POLICE DEPARTMENT $7,200 $14,400 $9,300 $11,520 11. PARKDALE BRANCH LIBRARY $2,040 $140 $600 $720 12. FROST BUILDING $2,100 $2,880 $3,300 $3,840 13. GREENWOOD WASTEWATER PLANT $1,020 $1,200 $2,220 $2,580 TOTAL $93,084 $117,540 $128,400 $146,940 NOTE: The contract allows for a two percent (2%) increase in pricing each year the service agreement is extended. Taking this price escalation into consideration over the five -year period, the bid from Schindler Elevator Corporation is lower than the next bid by $103,286.00. ELEVATOR/ESCALATOR MAINTENANCE SERVICE AGREEMENT Service Agreement No. SA13 -013 THIS Elevator/Escalator Maintenance Service Agreement (this "Agreement ") is entered into by and between Schindler Elevator Corporation (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Elevator/Escalator Maintenance in response to Bid Invitation No. BI- 0249 -12 (which includes Specification 1026, dated 10/23/12) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide Elevator/Escalator Maintenance in accordance with Bid Invitation No. BI- 0249 -12 (which includes Specification 1026, dated 10/23/12). 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one (1) year thereafter. The term includes four (4) automatic one -year extensions. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of General Services. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31s), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0249 -12 (which includes Specification 1026, dated 10/23/12), or the Contractor's bid offer to Bid Invitation No. BI- 0249 -12 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0249 -12 (which includes Specification 1026, dated 10/23/12). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand- delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Jim Davis, Director of General Services P.O. Box 9277. Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Schindler Elevator Corp. Contact Dave Flint Address: 12961 Park Central, Ste. 1460 City, State, San Antonio TX 78216 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of I OQ , 20 t — Contractors= �`���C� Title: CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Date Assistant Director of Financial Services 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: January 15, 2013 Agenda Item: Motion approving a service agreement with Schindler Elevator Corporation, San Antonio, Texas for elevator and escalator maintenance in accordance with Bid Invitation No. BI- 0249 -12, based on lowest responsible bid, for a total expenditure of $93,084.00 of which $54,299.00 is required for the remainder of FY 2012- 2013. The term of the agreement shall be for one (1) year with four (4) automatic one - year extensions, subject to annual appropriation. Funds have been budgeted by the various using Departments in FY 2012 -2013. Amount Required: $54,299.00 Fund Name Fund No. Or g. No. Account No. Project No. Amount Facilities Maint. Svcs. Fund 5115 40310 530000 $10,500.00 Visitor's Facility Fund 4710 00000 113006 $17,150.00 Airport Fund 4610 35040 530210 $14,630.00 General Fund 1020 13490 530210 $1,190.00 General Fund 1020 12610 530210 $595.00 Maintenance Service Fund 5110 40050 530210 $84.00 Water Fund 4010 31010 530210 $1,050.00 Visitor's Facility Fund 4710 12930 530210 $700.00 General Fund 1020 12800 530210 $1,190.00 General Fund 1020 11870 530210 $4,200.00 General Fund 1020 12810 530210 $1,190.00 Facilities Maint. Svcs. Fund 5115 40305 530000 $1,225.00 Wastewater System Fund 4200 33120 530210 $595.00 Total $54,299.00 ❑ Certification Not Required Director of Financial Services Date: 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 15, 2013 DATE: December 17, 2012 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2604 Authorization to submit grant application to Texas Department of Transportation for Speed and DWI overtime enforcement CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation ( TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. PURPOSE: Resolution of support for the application is required from the governing body. BACKGROUND AND FINDINGS: Funding is available from TXDOT for a DWI and Speed enforcement overtime grant in the Police Department for 2014. The grant will provide 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 $21,641.33 fringe benefits and $26,400 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: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $48,041.33 $48,041.33 Encumbered / Expended Amount This item $96,397.90 1 $96,397.90 BALANCE $144,439.23 1 $144,439.23 Fund(s): Police Grants Fund, Police General Fund Comments: RECOMMENDATION: Staff recommends applying for the grant. LIST OF SUPPORTING DOCUMENTS: Grant application Resolution Authorizing the City Manager, or his designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. SECTION 2. The City Manager, or the City Manager's designee, may accept, reject, agree to alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Transportation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 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: January 15, 2013 Agenda Item: Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. Amount Required: $48,041.33 Fund Name Account No. Fund No. Org. No. Project No. Amount General - Police 511000 1020 11740 $21,641.33 General — Police 520050 1020 11740 $26,400.00 Total $48,041.33 ❑ Certification Not Required Director of Financial Services Date: x X 0 V r N O m 0 N C) N d' Z O F- 04 Z O Q N CO r O� W Hm m H LU W C,) O w LyU 0 LL 0 L% w W CO M 0 M > Z O Z x U F- LL CL Z W H Z U O w Q F- a O O LL a a Q R R w w w w w D N O C G) C C w w M T 0 7 Q M M M Co X W ! W h N! W h T — ! h W M M M! w O W O w M M! t- C T T CD h N 6 M N h N CD 4 O N O M 00 O Mi co Cl) M N O Cl) Cl) 00 N N N — h N N M r M � Q co co N_ C) N N N N i) n-4 n-4 O M a a W I- O W le W-4 N M W M M M M M CO O O O O O O M (C) C O T 0 (,� cD cD N 00 T N "V c°° N N M N N N M` N O O N N N le N M N le W M E R M w N w N M Lo CC le M d le co ` le M 0o 01 N — -e N T N cD .1 O M Ld 7 V R M W M T M r-1, -e 00 T N M '�3" h M N h Cl) N M ti7 Cii C <�-- Cl) 04 04 LO i n Cl) M �D r CO M N N M S CD E r 7 V C W O i •y O T M d O O T �D 00 n �D �D M O �D h 00 M O M 0 7 h W T M N M tom- O M M �D M M h M M M N h M O M w M M M O M M •5 '0 h M— W M M W O 00 00 N h Cl) N— M -4 — W N .1 h O T M N C6 N O M 00 M M ` N W h Ic T CD CD E a vne -ecom 0 oao CO M L X C r d w W M O �D 00 0 0 0 (X7 O h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 h O O h T O M O O d 'a ocoGo0iGoovr-= oco0)Gooa) -4000 )000)QQGovc000vooCl) 7 h O M M co O "V N— O T T— O N O— h 0 -4 00 Cl) M N 00 -4 Cl) z m M cD I cD I cc +— N 00 I T M N O — M I I cD N N h N— cD W d O O-4 N 00 CO — "V Cl) h o N Cl) Cl) N N N— M h N N 00 Cl) CO t-- -4 M CO — O— O LO 00 Cl) — M T le M— 't N M M cD N— V N— N tai N_ 0Go v 0i r- N z E Q Q O O W W O M O O CF7 O h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6�- G1 O W M O N O O (X) O W O O O O O O O O O O O N O O O O O O O O O O d oai06 0ivoCo 0;C6666666 6 6 6 0; 6 6 6 4 Cd 6 6 4 6 6 N O M W W h (XA d N— O O — O N O M h 0 T 00 M M N 00 -4 N Od m N cD I cD I cD N 00 I O N O — M O I cD — N h N — cD W M le N w co O C4 h CO — M — -4 "V M h 0 O M N N N M h O N 00 M W co 00 -4 Cl) — M T -4 M — M M T M cD N— (C N— N 6i L W -e N r-- O V! N U a L 0 (? w a N N Nca M y •� V _ 0 (n y C V (? i y N N a i M C 0 0 m C ® V! 0a E N C N N • > y 7 y N Gl C Q C C U 7 Gl L w ca C V V y cr L j C °P CL ca y i X C N 0 N R %` - a 0 W .Q y X C O o�j 7 N w o a a a R Q a E R E C- > .. a O a a, o O 0 CO c L. R t L y o LL :.: c a •— L i °� E R y E Q a R a C E� as i E a E. c C R 7 o w R c L y R cn as V c O co r- y a a, �+ �+ c E a 0 ow w s � L ca N= •7 V 2 y R N M O t N N 0 N O c c c w p s N c E c c O y av�00�ooD- OVULL LL O�0. COLS mw�aLaL0.0.coi�o 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O W h 0 0 V 0 0 0 0 0 0 0 M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M Q co co N_ C) N N N N i) -0 4! -T 46 1-- 1-- 1-- 1-- 1-- P� C t0 t0 t0 t0 t0 —za) a r_ 0 0 X LU 4! 42 4! 42 4! 42 4! 42 4! 42 4! 42 4! 42 -T C c a c a c a c a c a c a c r_ Go C"! CD T CD ci N N N rn rn co T M co m Di 0 F- co co C) C'4 W 00 QQQQQ - MOMOMOMOMOMOMO a 00 RRRRRCR C. C. RORORORORORORO q 00 O 00 - I.- t- momomomomomomo CD .0 01 It Ili It cc� [-� i`-- C OM a—NWQOO WWI-_wmmoo R N m cc� -e w 00 Nf 0 ammammo O a 0 O O O O O Q q qqqqqqq O O O O O O O O q 0 ammammo a 0 a CD a CD a CD a CD a CD a CD CD E Z 0 LU 04 Z CD <C-4 0 aaaaamm O a 0 O O O O O Q 0 T o i q RRRRR77 0 q 0 aw0 a-4m a 0 a CD a CD a CD a CD a CD a CD C) CO < 0 Ili rl.� cl� It C= -4 � CO X >- LU 8 LU CO 1.- E CL --r LU 0 L) x LU CO LU LU Q M L) W W C ql N 0 CD CD CD CD CD CD 0 CD 0 CD Q CD Q a Q a Q a Q a Q Q M M Z a 0 awaaaw"T a 0 a CD a CD a CD a CD a Q a CD C) LU -4-4 -4 CO CD co Z co Clt -� cc� cc� rl.:, 0 Z x 0 a CD Go 0) 1-- 0) U-) -4 L) W P: Cl) CD 0) CD 0) -4 w 04 [-- 0) m LL (L z 0 X 0 < LU N E Z < w 0 ammammo o a o 0 0 0 0 0 Q 0 0 ammammo 6 6 Cd '1 a 0 a CD a CD a CD a CD a CD a CD C) 6 0 LL Clt cc� -4 CO CD cc� rl.:, Cii CD Go 0) 1- 0) 0 'E Cl) -4 CD 0) CD 0) w 04 1-- 0) m 0 0 0 0 C) 0 0 0 C) 2 0 C) :E -6 0-2 = a— W m 0 'Z C) E 0 o a U) 0 i° m U) 0 c -0 :E .9 -6 r Z — CL C) 0) 0 0 -a M 0 'S.9 L) cL 0 0 - 0 w 0 Co E rr a) 0 0 a 0 0 0 0- LU E 0 0 0 w rr 2 — LL CL LU 0 2 0 -EL w m w C) *6 E :S t5 -2 < 0 = 0 z 0 U) 0 o 0, cr 0 0 Lu - 2 m = ca w m > > 0 CL -t6 > m m 2= m 2 2 E a m CL E E m m 0 > =< 0 4-- 0 3 C,U) �- -Mi -luj L) C) -S � Q CD CD CD CD CD CD CD W) w CD CD CD (D CD CD CD CD CD Q CD CD Q 5 Q CD — 04 CO 04 -4 Q CD CD — — CM CM M M le 1'* &0 W CO W m CD CD CD CD O— &0 CD CD CD CD CD CD CD CD CD CD Q CD Q CD Q C) Go Go Go w w w w a Q a Q CD Q CD Q CD Q CD Q CD Q Q Go C"! CD T CD ci N N N rn rn co T M co m Di 0 F- co co C) C'4 W 0 AGENDA MEMORANDUM xi Future Item for the City Council Meeting of January 8, 2013 1852 Action Item for the City Council Meeting of January 15, 2013 DATE: 10/16/2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361- 826 -7203 Vital Statistics Unit Grant FY 12 -13 CAPTION: A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. PURPOSE- This Vital Statistics Unit of the Health District and Department of State Health Services (DSHS) formalizes an agreement for the administration of duties and for the payment of record fees due to DSHS. BACKGROUND AND FINDINGS: The Vital Records office at the Corpus Christi - Nueces County Public Health District (CCNCPHD) issued about 17,000 birth certificates, 2,000 death certificates and 7,000 duplicate death certificates for FY 11 -12. This contract with DSHS formalizes an agreement to provide the CCNCPHD access to the State database for a fee of $1.83 for each copy printed when needed. In FY 11 -12, Vital Records made over 5,000 copies from the State database. In addition to the fees paid to the State, the City of Corpus Christi allocates $1.00 to the CCNCPHD for record retention from the plastic cover sales. The current fee for a birth certificate is $23.00, death certificate is $21.00, duplicate death certificates are $4.00 and plastic cover fees are $2.00. These fees are set by the DSHS Program Vital Statistics Unit. ALTERNATIVES: Discontinue Vital Statistic Unit Division at the Corpus Christi - Nueces County Public Health District OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval require for acceptance of grant and appropriation of revenue funds EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal Finance - Federal Grants and office of management and budget 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 Death Certificates $4.00 6,834 $ 27,336.00 Plastic Sleeve $2.00 Encumbered / Expended Amount $ 11,574.00 Total Revenue $ 498,301.00 This item Total State Charges $1.83 5,219 BALANCE DEPARTMENT REVENUE Fund(s): 1020 General Fund The Vital Stats department receives revenue less the state fees. The state fees go directly to a liability account for payment to the state. Birth Certificates $23.00 17,396 $ 400,108.00 Death Certificates $21.00 2,823 $ 59,283.00 Death Certificates $4.00 6,834 $ 27,336.00 Plastic Sleeve $2.00 5,787 $ 11,574.00 Total Revenue $ 498,301.00 Total State Charges $1.83 5,219 $ 9,550.77 DEPARTMENT REVENUE $ 488,750.23 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this motion. LIST OF SUPPORTING DOCUMENTS: Contract No. 2013 - 042647 -001 DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2013 - 042647 -001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and CITY OF CORPUS CHRISTI -VITAL RECORDS OFFICE (Receiving Agency), a Government Entit L (collectively, the Parties). 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and /or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed. 3. Term of the Contract. This Contract begins on 09/01/2012 and ends on 08/31/2013. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority, Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. Documents Forming Contract, The Contract consists of the following: a. Core Contract (this document) b. Exhibits, if applicable Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on -line computer services in support of Receiving Agency from 7 :00 a.m. to 6:00 p.m. ylonday thru Friday, except holidays. In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. 9264'9-1 Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish applicable software programs, and provide technical assistance related to equipment and programs under control of the Performing Agency. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to, A) normal key -entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. 7. Payment Method. Fee for Service Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 831100) for each Certification of Vital Record printed as a result of searches of the database. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 8. Billing Instruction. The Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. (7(i:1S_I Name: Texas Department of State Health Services Vital Statistics Unit, MC2906 Address: P. O. Box 149347 Austin, Texas 78714 -9347 Vendor Identification Number: 35375375371000 9. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency employee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 10. Seenrity of Patient ot- Client Records. Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized Receiving Agency ernployce(s) use only their own individual passwords while logged into Performing Agency on -line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 11. Suspension of Services Under- This Contract. In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 12. Liability for Hann It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 13. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. Written notice may be sent by any method, which provides verification of receipt, and the 30 92648 -1 clays will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Performing Agency reserves the right to limit or cancel access ender this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and /or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 14.- Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas, In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at fittp://www.dshs.st,ite.tx.Lis/records/schediiles.slitiii, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. D. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. E. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. F. Immunity Not Waived, THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY 92648 -1 OPERATION OF LAW. G. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non- action or default under this Contract shall not constitute a waiver of either party's fights under the Contract. H. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2264 of Texas Government Code and implemented in the rifles at 25 TAC § §1.431 -1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. 1. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. J. Voided Records. To ensure compliance with Texas Administrative Code 181.21 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies ". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed 14 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. K. Credits. Performing Agency will handle credit requests on a case -by -case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and /or designee for approval. Perforiing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 15. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written of oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. 9264x- i DEPARTMENT OF STATE HEAL'T'H SERVICES By:mt Signature of Authorized Official to la -//a- Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1 100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7470 Bob.Burnette @dshs.state.tx.us 92648 -1 CITY OF CORPUS CHRISTI -VITAL RECORDS OFFICE By: Signature Date Printed Naive and Title Address City, State, Zip Telephone Number E -mail Address for Official Correspondence 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: January 15, 2013 Agenda Item: A motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. Amount Required: $ 0 Fund Name Account No. Fund No. Org. No. Project No. Amount Total $ X Certification Not Required Director of Financial Services Date: