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HomeMy WebLinkAboutAgenda Packet City Council - 03/26/2013Corpus Christi aw 7 Meeting Agenda - Final- revised City Council Tuesday, March 26, 2013 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Scott McDonald, Corpus Christi Community Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 13- 000232 AEP Check Presentation to the City of Corpus Christi for their participation in the 2012 CitySmart Program for Energy Efficiency Lighting Retrofit Projects Proclamation declaring April 13, 2013 as Earth Day - Bay Day 2013" Proclamation delcaring April 2013 as "Earth Month 2013" Proclamation declaring April 2013 as "Sexual Assault Awareness Month" Swearing -in ceremony of newly appointed City board, commission and committee members 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 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 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 SHOWANY 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) 2. 13- 000285 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judge with possible discussion and action in open session. H. MINUTES: (NONE) I. BOARDS & COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 28) 3. 13- 000169 Renewal of treated water supply contract with Violet Water Supply Corporation Motion authorizing the City Manager or designee to execute a contract to supply Violet Water Supply Corporation (Violet) with treated water for up to 10,000,000 gallons per month for a term of 40 years. Sponsors: Water Department and Legal Department Attachments: Agenda memo -Violet WSC FINAL ON 031413.pdf l 4. 13- 000201 Professional Services Contract for accelerated considerations of funding and constructing the Mary Rhodes Phase II pipeline project Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $80,000.00, for Water Supply Alternative Corpus Christi Page 2 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 5. 6. 7. Funding Strategies. Sponsors: Water Department and Engineering Department Attachments: Agenda memo - Water Alt Funding r m i t. . * + �...... 13- 000203 Software Licensing Agreement to update existing Municipal Information Systems (MIS) service desk licensing and management suite licenses Motion authorizing the City Manager, or designee, to execute a 3 -year contract with SHI, Inc., of Austin, Texas for an estimated expenditure of $252,911.94. The cost will be paid in 3 annual payments of $84,303.98. The purpose is to update existing LANDesk Service Desk and management suite licenses to an enterprise solution and this cost includes maintenance costs for the 3 -year period. SHI, Inc. is a Texas' Department of Information Resources reseller number DIR -SDD -1009. Sponsors: Municipal Information Systems Attachments: Agenda memo - SHI o ng amm + 13- 000212 BOND 2012 PROJECTS (Related Items 6 -11) Award of a construction contract; and approval of construction materials testing contact for Yorktown Boulevard Phase 2 project (BOND 2012) Motion authorizing the City Manager or designee to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,373,769.00 and to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $84,201.00 for Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road for the Base Bid plus Additive Alternate No. 1 and 2 BOND ISSUE 2012 (Proposition No. 1 Street Projects). Sponsors: Street Department, Storm Water Department, Water Department, Municipal Information Systems and Engineering Department Attachments: Agenda memo - Yorktown Project Budget - York-town Location Map.pdf + . yALk1AWJ1 ". - •o int - Yorkto 13- 000213 Professional services contract for design and construction of Corpus Christi Page 3 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 8. 9. ■II011#1 #1110A R County Road 52 Extension (CR 69 to FM 1889) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $241,692.50, for County Road 52 Extension from CR 69 to FM 1889 for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) Sponsors: Street Department, Storm Water Department and Engineering Department Attachments: Agenda memo - County Road 52 Extension.pdf r • "r.. I . I . :* .•" Project Budget - County Contract - County Road 52 Extension from CR 69 to FM 1889.pdf Professional services contract for remodeling and improvements of the animal care facility (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos of Corpus Christi, Texas in the amount of $87,300.00 for Animal Control Remodel /Improvements for design, bid, and construction phase services. BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). Sponsors: Police Department and Engineering Department Attachments: Agenda memo - Animal Control �..,• � R.. i�" 1. M. • •. OTM Professional services contract for the design and construction of hike and bike trails along Schanen Ditch and Bear Creek Ditch (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $185,540.00, for Hike and Bike Trail Development for design, bid, and construction phase services. BOND ISSUE 2012. Sponsors: Parks and Recreation Department and Engineering Department Corpus Christi Page 4 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 10. 11. 12 1191111 #11104 01911 #I#I#10b,1 Attachments: Agenda memo - Hike and Bike Project Budget - Mike and Bike Location and * Bear Creek Trail.pdf Location Map and .# Contract - Hike d Bike Trail.pdf Professional services contract for design and construction of new shop and office facility for signs & signals operations (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos from Corpus Christi, Texas in the amount of $141,000, for Signs /Signal Operations - New Shop and Office Facility for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). Sponsors: Engineering Department Attachments: Agenda memo - Signs Signals Professional services contract for Health Department parking lot improvements (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $64,200.00, for Health Department Building Parking Lot for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 6 Public Health Improvements) Sponsors: Health Department and Engineering Department Attachments: Agenda memo - Health Dept Bldg • R� :. r • ' • •�: Professional Services Agreement for Veterinary Services Motion approving a professional services agreement with Melissa Draper, DVM, Corpus Christi, Texas for veterinary services for an estimated annual expenditure of $100,000.00, of which $33,333.33 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012 -2013. Corpus Christi Page 5 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 13. 14 Ii N1 Sponsors: Purchasing Division and Police Department Attachments: Agenda memo - Veterinary Services. pdf - . �� -r •. WOOR M_ 13- 000218 Supply agreement for aluminum traffic signs Motion approving a supply agreement with Custom Products Corporation, Jackson, Mississippi for aluminum traffic signs in accordance with Bid Invitation No. BI- 0097 -13 based on lowest responsible bid for an estimated annual expenditure of $133,994.55, of which $44,664.85 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Traffic Engineering FY 2012 -2013. Sponsors: Purchasing Division and Engineering Department Attachments: Agenda memo - Aluminum Traffic Signs.pdf I7,r,R1ffl:4ZffifflWA MMMMgM, J1 • • 13- 000219 Lease - purchase of pothole patcher trucks for street maintenance Motion approving the lease- purchase of two (2) Bergkamp Flameless Pothole Patchers from Freightliner of Austin, Austin, Texas for a total amount of $277,074.00. 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 Street Department Attachments: Agenda memo - Bergkamp Flameless Pothole Patcher Trucks.pdf 13- 000226 Lease - purchase of two asphalt crack sealing machines to be used for street maintenance Motion approving the lease purchase of two (2) asphalt crack sealing machines (trailer mounted) from Crafco Texas, Inc., of San Antonio, Texas for a total amount of $96,740.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. These units are replacements to the fleet. Funds for the lease purchase of the machines will be provided by the City's lease purchase financing program. Sponsors: Purchasing Division and Street Department Attachments: Agenda memo - Asphalt Crack Sealing Machine.pdf Corpus Christi Page 6 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 16. 13- 000211 Resolution of support for the application of Texas A &M University - Corpus Christi for Federal designation as a test range for unmanned aircraft system. Resolution supporting the application of Texas A &M University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. Sponsors: Intergovernmental Relations Attachments: Agenda memo - UAS Support ._ ., alum I: i� 7. T I .i [ .' a �_T_1 f► b f � 3r [ c l 17. 13- 000224 Resolution authorizing submission of a grant application to the State for summer food program to serve children in summer recreation program Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Sponsors: Parks and Recreation Department Attachments: Agenda memo - Summer Food Program grant request Resolution - SummerFoodProgram grant app 18. 13- 000221 Revisions to the Community Youth Development Steering Committee membership from 11 to 9 members Resolution revising membership of the Community Youth Development Steering Committee. Sponsors: Parks and Recreation Department Attachments: Agenda memo - CYD Advisory Committee.pdf Resolution - Community Youth DeveloomentAdvisory Committee 19. 13- 000216 Second Reading Ordinance - Transfer and appropriation of funds to capital budget for arena / convention center loading dock repairs (1st Reading 3/19/13) Ordinance transferring and appropriating $100,000 from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund to and appropriating in the No. 3274 Arena Type A CI P Fund for the Arena /Convention Center Loading Dock Repairs; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $100,000; and changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $100,000 each. Corpus Christi Page 7 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 20 21. 22. i!• Sponsors: Engineering Department + ' +.s a • t• [ * X11 i liTi1 , *48R+"� * IllR?" 7 Second Reading Ordinance - Lease agreement for operation of news and gift concession at City airport (1st Reading 3/19/13) Ordinance authorizing the City Manager, or designee, to execute a Long Term Lease Agreement ( "Lease ") with Host International, Inc. ( "HMS Host ") for the operation of a news and gift concession located at the Corpus Christi International Airport ( "Airport "), in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years. Sponsors: Aviation Department Attachments: Agenda memo - HMS Host 13 -00080 Second Reading Ordinance - Ratifying acceptance of the amendment to State grant for air quality planning activities; appropriating grant funds (1st Reading 3/19/13) Ordinance ratifying the acceptance of Amendment No. 5 to the Grant Agreement with the Texas Commission on Environmental Quality and appropriating $371,520 in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. Sponsors: Planning /Environmental Services Attachments: Agenda memo - TCEQ Air Grant Amendment.pdf activities.pdf Contract * •d 13- 000234 Second Reading Ordinance -Appropriating abandoned /unclaimed monies from Police Property room (1st Reading 3/19/13) Ordinance appropriating $11,586.71 from abandoned /unclaimed monies from the Police Property Room, changing the FY 2012 -2013 Operating Budget adopted by Ordinance No.029577 by increasing revenue and expenditures in the General Fund No. 1020 by $11,586.71 each. Sponsors: Police Department Corpus Christi Page 8 Printed on 3/22/2013 Ordinance appropriating a $5,381 grant National and Community Service in the No. grants fund for the Senior Companion Program. Sponsors: Parks and Recreation Department Attachments: Agenda memo - SCP State Grant Ordinance - 2013 SCP State grant Grant Award - NOFA 2013 SCP State grant from the Corporation for 1067 Parks and Recreation 24. 13- 000222 Second Reading Ordinance - Amending the Code of Ordinances for the Mayor's Fitness Council duties and membership (1st Reading 3119113) Ordinance amending the Code of Ordinances regarding Mayor's Fitness Council duties and membership. Sponsors: Parks and Recreation Department Attachments: Agenda memo - MFC.pdf Ordinance -Mayor's Mayor's Fitness Councilv4 25. 13 -00063 Second Reading Ordinance - Establishing the Downtown Catalyst Area in the City (1st Reading 3119113) Ordinance defining "Catalyst Area" and establishing the Downtown Catalyst Area in the City of Corpus Christi, Texas. Sponsors: Economic Development Attachments: Agenda Memo Catalyst Area - 2 -2013 Second Reading • • !- ♦ ., • ITIap Downtown Catalyst Area .• !• + • • .• Downtown TIRZ 26. 13- 000149 Second Reading Ordinance - Designating the Downtown Reinvestment Zone within the City (1st Reading 3119113) Ordinance designating the Downtown Reinvestment Zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Sponsors: Economic Development Corpus Christi Page 9 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 Attachments: Agenda memo - Reinvestment Zone Revised - 2 -2013. •:. .01MM, w4rawmalwamalowaffm .,• Mw w + f 27. 13- 000227 Second Reading Ordinance -Amending the lease of a portion of Mt. Vernon Park for the proposed expansion of the Deaf & Hard of Hearing Center located at the 5100 block of McArdle Road near La Palmera Mall (1st Reading 3/19/13) 28. L. Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. Sponsors: Parks and Recreation Department Attachments: Agenda memo - CCArea Council for the Deaf 13- 000105 Second Reading Ordinance -Amending the Unified Development Code to add the requirements and enforcement of Model Subdivision Rules to plats and subdivisions of land within the Extraterritorial jurisdiction of the City (1st Reading 3/19/13) Ordinance amending the Unified Development Code ( "UDC') by revising Article 8, Section 8. 1, subsection 8.1.1, related to Authority regarding subdivisions located in the extraterritorial jurisdiction of the City by adding language to incorporate Chapter II of the December 13, 2006 Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364 of Title 31 of the Texas Administrative Code; providing for severance, penalties, and publication. Sponsors: Development Services and Planning /Environmental Services PUBLIC HEARINGS: (ITEMS 29 - 33) 29. 13- 000164 Corpus Christi Public Hearing and First Reading Ordinance -A change of zoning Page 10 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, on property located at 7269 State Highway 361. Case No. 0213 -02 Carl Badalich and Sherry Badalich: A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, not resulting in a change of future land use. The property to be rezoned is described as Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313 and 3B, located between State Highway 361 and the Gulf of Mexico, approximately one -half mile north of Sea Way Drive. Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, subject to nine conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Carl Badalich and Sherry Badalich ( "Owners "), by changing the UDC Zoning Map in reference to Lots 101 -119, 122, 301 -313, and 3B, Block 1, Sunrise Shores, from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Sponsors: Development Services and Planning /Environmental Services Attachments: Agenda memo - 0213 -02, Carl and Sherry Badalich 109011W.Am • Zoning Report 0213-02 • & Sherry Badalich aftchmt modified vFinal 20130306 30. 13- 000208 Public Hearing and First Reading Ordinance -A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, on property located east of U.S. Highway 77 and at the east end of County Road 52. Case No. 0213 -01 Charles O. Massey: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. The property is described as being an 18.47 -acre tract of land out of the Gregorio Farias Grant, Abstract 592, located east of U.S. Highway 77 (Interstate Highway 69) and at the east end of County Road Corpus Christi Page 11 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 52. Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to an 18.47 -acre tract out of the Gregorio Farias Grant, Abstract 592, from the "CG -2" General Commercial District to the "I L" Light Industrial 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 Attachments: Agenda memo - 0213 -01, Charles O Massey TAFROWTV1 • 10TWHARTATUMM # # +• w 31. 13- 000209 Public Hearing and First Reading Ordinance -A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, 5402 Chicago Drive Case No. 0812 -02 N. P. Homes, L.L.C.: A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as King's Crossing West Unit 2, Block 2, Lot 3, located at the northeast corner of Chicago Drive, approximately 500 feet west of South Staples Street (FM 2444). Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay subject to eight conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to Lot 3, Block 2, King's Crossing West Unit 2, from "CG -2" General Commercial District to "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and Corpus Christi Page 12 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 32. 33. providing for a repealer clause and publication. Sponsors: Development Services and Planning /Environmental Services Attachments: Agenda memo - 0812 -02, NP Homes 3 -8 -13 •• moll • R •� ! Public Hearing and First Reading Ordinance -A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, on property located at 401 South Shoreline Boulevard. Case No. 0213 -04 TR Inscore LLC: A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, not resulting in a change of future land use. The property to be rezoned is described as being a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, located on the west side of South Shoreline Boulevard between Broadway Court and Born Street. Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by TR Inscore LLC, acting as agent on behalf of Guinn -Soin, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, from the "CR -1" Resort Commercial District to the "Cl" Intensive 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 Attachments: Agenda memo - 0213 -04, TR Inscore IMERWOUNFE • • w Public Hearing and First Reading Ordinance -A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, on property located at 7511 Wooldridge Road. Case No. 0213 -03 N. P. Homes, L.L.C.: A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, not resulting in a change of future land use. The property to be rezoned is described as Lot 1, Block 20, Rodd East, located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive. Corpus Christi Page 13 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner"), by changing the UDC Zoning Map in reference to Lot 1, Block 20, Rodd East, from the "FR" Farm Rural District to the "RS -6" Single - Family 6 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 Attachments: Agenda memo - 0213 -03, NP Homes � +, � + : - • T�i.7iII��►.�r[C1S�ki»f$1I�7�1�: +[7'i�l M. REGULAR AGENDA: (ITEM 34) 34. 13- 000250 Professional services contract for database assistance survey to collect data for street maintenance fee land use identification Motion authorizing the City Manager or designee to execute a contract with HDR Engineering, Inc. to provide professional services in connection with the Street Maintenance Fee Database Assistance Project, for a total fee not to exceed $225,000. Sponsors: Street Department and Storm Water Department Attachments: Agenda Memo - Contract for land use survey • HOMMUFFIFEN •. N. FIRST READING ORDINANCES: (ITEMS 35 - 39) 35. 13- 000204 First Reading Ordinance - Accepting and appropriating a federal grant to support a state initiative to combat narcotics trafficking and related crimes Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $82,003 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area Corpus Christi Page 14 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 (HIDTA) for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $82,003 in the No. 1061 Police Grants Fund. Sponsors: Police Department Attachments: Agenda memo - HIDTAsubgrant 03.19.2013 36. 13- 000205 First Reading Ordinance - Accepting and appropriating a State grant for border security Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $85,000 from the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant; and appropriating the $85,000 in the No. 1061 Police Grants Fund. Sponsors: Police Department I ri M. f5r,7141`1 ma 1014ri ING 37. 13- 000160 First Reading Ordinance - Amending Plumbing Code and International Residential Code to establish new language and change the residential irrigation backflow testing requirements from annual to triennial Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. Sponsors: Development Services Attachments: Agenda memo - Backflow First Reading Ordinance - Agreement authorizing the use of property adjacent to Whitecap Wastewater Treatment Plant for staging a fireworks display Ordinance authorizing the City Manager or designee to execute an agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Corpus Christi Page 15 Printed on 3/22/2013 City Council Meeting Agenda - Final- revised March 26, 2013 Blvd. for staging a fireworks display on July 4, 2013. Sponsors: Wastewater Department Attachments: Agenda memo - Fireworks Display Whitecap Plant 39. 13- 000268 First Reading Ordinance - To approve date, location, and admission fees and consideration for the 2013 Buccaneer Days Festival and related activities Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2013 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 22, 2013 through May 8, 2013; use of parking lot north of former Memorial Coliseum site from April 10, 2013 through April 16, 2013 provide for Commission paying fees for City services in amount not to exceed $33,000.00. Sponsors: Parks and Recreation Department Attachments: Agenda Memo - Buc Days 2013 [�7T .11"F .i'Ci1s:�R7.iir[3 O. FUTURE AGENDA ITEMS: (ITEM 40) 40. 13- 000254 Professional services contract for park improvements at Parker Park located on the corner of Waldron Road and Graham Road Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $63,940.00, for Community Park Development and Improvements - Parker Park for design, bid, and construction phase services BOND ISSUE 2012. Sponsors: Parks and Recreation Department and Engineering Department Attachments: Agenda memo - Community Park Development P. LEGISLATIVE UPDATE: Corpus Christi Page 16 Printed on 3/22/2013 City Council Meeting Agenda - Final-revised March 26, 2013 42. 13-000142 Fiscal Year 2012 Comprehensive Annual Financial Report (CAFR) Sponsors: Financial Services Department Attachments: Agenda memo - CAFR Presentation - 2012 CAFR R. CITY MANAGER'S COMMENTS: * Update on City Operations S. ADJOURNMENT Corpus Christi Page 17 Printed on 312212013 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 852 Action Item for the City Council Meeting of March 26, 2013 DATE: February 14, 2013 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, Director of Water Operations GustavoGo@cctexas.com 361- 826 -1874 Renewal of Treated Water Supply Contract with Violet Water Supply Corporation CAPTION: Motion authorizing the City Manager or designee to execute a contract to supply Violet Water Supply Corporation (Violet) with treated water for up to 10,000,000 gallons per month for a term of 40 years. PURPOSE: To obtain authority to enter into a 40 -year contract with Violet Water Supply Corporation to provide up to 10,000,000 gallons of potable water per month. BACKGROUND AND FINDINGS: Violet is a large- volume customer which diverts and uses treated water for resale to municipal and industrial customers. The new contract would be in effect for 40 years. The quantity of water will not exceed 10,000,000 gallons per month. Violet will be charged the Resale Treated Water Rates established by city ordinance. Violet approached the City and requested that the City enter into this agreement so that Violet can pledge the agreement for a loan and grant from the United States Department of Agriculture. Violet plans to use the loan and grant to install the lines and necessary appurtenances to extend water service to areas within Violet's certificated area as set forth in its Certificate of Convenience and Necessity issued by the Texas Water Commission. The issuance of the loan as well as the grant is contingent on Violet entering into an agreement with the City of Corpus Christi to obtain a fresh supply of potable water for it to sell to its municipal and industrial customers for 40 years. ALTERNATIVES: Do not provide authority to enter into the agreement as proposed. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Contract requires City Council approval. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Water and Legal Departments. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Water Comments: None. RECOMMENDATION: Staff recommends and requests the approval of this contract. LIST OF SUPPORTING DOCUMENTS: Contract TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND VIOLET WATER SUPPLY CORPORATION THE STATE OF TEXAS § § COUNTY OF NUECES § This Contract for the supply of treated water, made as of this day of , 2013, by and between the City of Corpus Christi (City"), a Texas home -rule municipal corporation, whose address is P.O. Box 9277, Corpus Christi, Texas 78469 -9277, and acting through its duly authorized City Manager, or the City Manager's designee ( "City Manager), which owns a regional water supply system that provides untreated raw water and treated water to municipal and industrial customers, and Violet Water Supply Corporation ("Violet"), a water supply corporation, organized under Article 1434a, V.A.T.S., for the purpose of constructing, including making extensions from time to time, and operating a water supply distribution system serving water users within the area described in plans on file at its office and Corpus Christi's office, which area is outside of, but adjacent to, Corpus Christi, acting by and through its duly authorized representative ( "Violet's Representative "). This Contract supersedes and replaces the treated water contract dated March 12, 1977, between the parties to this Contract; and is the only agreement of the parties relating to the sale, delivery, and use of treated water. Any prior understandings or written or oral agreements between the parties relating to the sale and use of treated water are superseded by this contract. Violet wants to continue to divert and use treated water for resale for municipal purposes, and the City desires to continue allowing or otherwise facilitating the delivery and use of treated water to Violet. In consideration of the above recitals and the mutual promises, covenants, and agreements in the Contract, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Term. This Contract becomes effective on the date of final approval of this Contract, and continues in force and effect for a period of forty (40) years. 2. Use and Quantity of Water. a. The City agrees to sell potable treated water, meeting Federal and State standards, to Violet and allow Violet to resell treated water for municipal and industrial purposes in such quantity as may be required by Violet, but not exceeding a total of 10,000,000 gallons per month. lo. However, if an emergency situation arises, the City may deliver additional treated water. The City's Director of Water Operations will determine how long the extra deliveries will last and the rate at which deliveries will be increased. C. Except as provided in subparagraph 2.b., if Violets projected need for treated water exceeds 10,000,000 gallons per month, then in that event, Violet wilt notify the Director of Water Operations of Violet's needs at least 90 days prior to the date on which the increased deliveries are needed. The Director of Water Operations, in his or her sole discretion, will determine whether there is sufficient capacity within the system to allow an increased rate of delivery after considering the City's planned needs and the needs of its other water customers. The Director of Water Operations, in his or her sole discretion, will determine whether water can be delivered at an increased rate and the rate to which deliveries will be increased, and notify Violets Representative of the decision. d. Violet may request an increase in the amount of treated water delivered in a year based on the extent of the uncommitted water available. The City will consider the City's planned needs, the needs of its other water customers, and the needs of other communities in the region before committing to any increase in Violet's annual deliveries. However, the City is under no obligation to authorize an increase in the annual deliveries. In the event an increase in the annual deliveries is authorized, this contract must be amended in writing to show the amount of increased deliveries. e. Actual current and projected future deliveries are shown on Exhibit "A-11" attached to and incorporated into this Contract. Actual deliveries within the last 3 years are shown on Exhibit "A-2" 3. Point of Delivery. Title to and possession of the treated water passes to Violet at the point of delivery. The City will deliver the treated water to the existing delivery points located on State Farm to Market 24 (Violet Road), at or near the city limits of Corpus Christi, and on State Farm to Market 1694 (Callicoate Road) near the intersection with Meadow Lane. The treated water will be delivered at the minimum pressure operating pressure required by the Texas Commission on Environmental Quality ("TCEQ"). 4. Measurement of Treated Water. a. The treated water delivered under this Contract must be measured in U.S. standard gallons by a suitable water meter or meters to be installed and maintained by the City at the point of delivery, which shall be accurate within 2%, either plus or minus. The City's Director of Water Operations may specify the type of meter or meters to be used and the installation design of the meter or meters. Checks as to the accuracy of the meter or meters will be made annually by the Director of Water Operations, at Violet's sole expense. The City's Director of Water Operations will notify Violet's Representative in writing 10 days in advance of all annual checks and tests in order that Violet may have a representative present as a witness. If Violet's Representative fails for any reason to be present for a check, the City may nevertheless proceed with the test and the City's findings shall be conclusive. The City shall notify Violet of the results, IN if the Violet Representative is not present. (1) If either the City's Director of Water Operations or Violet's Representative, at any time, notifies the other that it desires a special test of any meter, the parties will cooperate in arranging for a special test to be made by the City. (2) The expense of the special test of the meter or meters will be paid by the party requesting the test, (3) If, on any test, the meter tested is found to be inaccurate by an amount exceeding 2%, either plus or minus, then any previous readings of the meter will be credited for any period of inaccurate measurement, but no credit will extend back over a period beginning more than 30 days prior to the time when the inaccuracy was first made known by either party to the other. (4) If, for any reason, the meter or meters are out of service so that the volume of treated water delivered cannot be ascertained or computed, the treated water delivered during the period the meter or meters are out of service will be estimated by the City's Director of Water Operations, in consultation, with Violet's Representative, upon the basis of the best data available. b. The City will read the meter or meters on or about the last day of each month and will determine from these readings the amount of treated water delivered to Violet. All meter readings will be made available to Violet's Representative during the City's reasonable office hours. a. The price to be charged for treated water sold by the City to Violet is the published Resale for Treated Water Rates established by City ordinance, including the monthly minimum charge for a treated water customer, plus the raw water cost adjustment ("RWCA") which are in effect at the time of delivery. The RWCA will be calculated on a monthly basis, and determined by dividing the most recently available costs of raw water by the system-wide average volume of untreated raw water sales for the prior twelve month period. The RWCA will be adjusted on a monthly basis to account for differences in volumes used in the prior calculation and the actual volume of water sales for that month. A copy of the current water rate and raw water cost adjustment ordinance is attached as Exhibit "B". Changes in the raw water cost adjustment are automatic, and Violet will be billed the adjusted rate. The ordinance is subject to change at the sole discretion of the Corpus Christi City Council. City's Director of Water Operations will provide Violet's Representative with a copy of any modifications to the ordinance, which will be attached to this Contract as the new Exhibit "B-l". b. The actual methods for computing the untreated raw water cost adjustment is established in a written policy filed with the City Secretary. A copy of the current policy is attached as Exhibit "C ". The City's Director of Water Operations will provide Violet's Representative with a copy of any modifications to the policy, which will then be attached to this Contract as the new Exhibit "D ". C. When the City intends to change the rate, the City shall give Violet notice of the proposed change, and any information necessary to evaluate the proposed rate ninety (90) days before the change is to take effect. Violet shall give good faith consideration to the proposed new rate and shall attempt to provide the City with its comments on the proposed change not later than forty -five (45) days before the proposed change is to take effect. The City shall give good faith consideration to Violet's comments, but may institute the new rate on the date the change is scheduled to take effect. d. The parties agree and acknowledge that the City is evaluating, going forward, implementing consistent wholesale contract provisions such as supply limits, limitations on maximum supply, peaking limitations, resale provisions, development of other supply provisions, etc. so that wholesale contract provisions conform to city policy and are consistent among all of the wholesale parties. To the extent that the City defines and interprets policy, and adopts, in order to implement that policy, provisions relating to a maximum supply limit, a supply limit rate, a capacity reserve, a minimum charge related to the extent of the reservation, a peaking limitation, limitations on the ability to resell water, etc., the parties agree to consider implementing those contract provisions under Section 24 of this contract, to the extent such provisions are reasonable and fair to both parties. e. In no event may any provision in this Contract be interpreted to exempt Violet from any ordinance passed by the City Council. 6. Fixed Minimum Obligation. a. Violet is not obligated to purchase any minimum amount of treated water in any billing month during the period of this Contract or any renewals or extensions thereof, but Violet must pay the City the minimum monthly charge for commercial metered treated water customers under the City's water rate ordinance, regardless of whether any treated water is used. b. If the payment due the City from Violet for treated water withdrawn during the billing period under consideration exceeds the minimum, then payment must be made for the amount of water billed by the City to Violet. C. If the payment which would be due on the basis of treated water delivery is less than the minimum, then said minimum is nevertheless the amount due. This minimum amount is intended to cover the cost of meter readings, testing, billing, and other costs, which will continue whether any treated water is withdrawn by Violet. 7. Billing. a. All treated water taken in any one calendar month will be billed between the first and tenth of the next succeeding calendar month, and Violet will pay the bill within 10 days of the receipt of the bill. Any clerical error in the bill or question regarding 4 the bill is not sufficient grounds to delay payment • Violet to the City. Any adjustmen in the amount paid as a result of the agreement will be added to or deducted from tj following month's bill. RE a. Violet is strictly prohibited from selling the treated water obtained under this contract to any customer for resale of the water to others. Violet is prohibited from selling water under any other name other than the Violet Water Supply Corporation. Violet agrees to provide in every customer contract the following language, to be made conspicuous with uppercase type font or bolded with text at least one font-size larger than the surrounding text: YOU ARE STRICTLY PROHIBITED FROM SELLING ANY WATER PROVIDED TO YOU UNDER THIS AGREEMENT BY THE VIOLET WATER SUPPLY CORPORATION ii a. Nothing in this Contract prohibits Violet from obtaining treated water from sources other than the City. b. Before Violet commingles waters from different sources within its distribution system, Violet shall notify City's Director of Water Operations. The City's Director of Water Operations may require Violet to install an appropriate backflow prevention device at all points where Violet's water distribution system connects with the City's water distribution system. 10. Water Rights. a. It is mutually agreed and understood that Lake Corpus Christi and Choke Canyon Reservoir waters, any currently developed ground water, water acquired by the City from the Lavaca-Navidad River Authority, water rights obtained from the Garwood Irrigation Company, and other future waters, whether surface waters or ground waters, obtained by the City, which are not under Contract to others, and which are owned by the City, may be used to supply water during the time this Contract remains in force. b. This Contract is subject to the City's responsibility and obligation to provide water to municipal and industrial consumers within the Corpus Christi city limits and other municipal and industrial consumers outside its city limits. C. Subject to Section 13, Water Conservation and Drought Contingency Measures, and subject to the City's obligations under any Agreed Orders, or any Environmental Protection Agency ("EPA") or Texas Commission on Environmental Quality ("TCEQ") requirements or standards, to be interpreted and determined solely by the City, the City binds and obligates itself, however, to take the necessary actions within its power and to make the necessary applications to obtain whatever additional water rights as may be necessary to adequately meet the needs of its existing contracts, this Contract, and any future contractual obligations of the City, and, if requested by the City, Violet shall support the City's action, in the manner requested by the City. d. It is also mutually agreed and understood that this Contract is subject to the jurisdiction of the Texas Commission on Environmental Quality ("TCEW), any successor agency, or any other regulatory authority that may have jurisdiction over the matters. e. Violet agrees to support any future City requests to the TCEQ or other regulatory authorities for permission to acquire or amend its water rights or provide water to the Violet and other customers, unless such action would adversely affect Violet. f. City agrees to support any Violet requests to TCEQ or other regulatory authorities for permission to distribute treated water purchased by Violet from the City under this Contract. 11. Violets Storage and pumping Requirements. a Any storage facilities must be built and maintained to standards adopted by Corpus Christi, the TCEQ, or any other regulatory authority. If there is a conflict between standards, the City's standards shall apply. lb. Pump intakes connected directly to the Violet's water lines or Corpus 0 Christi's supply main are prohibited. a The transmission and distribution piping construction and operation downstream from the City's meters serving Violet shall meet the requirements of the TCEQ; Rural Development, United States Department of Agriculture-, and any other governmental agency having jurisdiction. If there is a conflict between standards, the most stringent standards shall apply. Violet shall submit copies of plans for all extensions of its transmission and distribution system to the City for review prior to awarding any contracts. d. Violet shall institute a program to control unaccounted for water losses consistent with the requirements of the City, as directed by the Director of Water Operations. The Director of Water Operations may request, at any time, that Violet submit its Water Loss Control Program for approval. Within 30-days of such request, Violet shall submit to the Director of Water Operations a plan of action for instituting a Control Program, approval of which the City shall not unreasonably withhold. The failure of Violet to comply with this Section of the Contract is a "default" under Section 16 of this Contract. The parties agree to confer and coordinate to assist Violet, in Violet's efforts insure that its Water Loss Program is consistent with the City's requirements. 41 Violet agrees that Corpus Christi has the right to inspect its system at any and all times during normal business hours. If Violet's system or any portion thereof does not meet TCEQ's standards for an interim rural water supply, Violet shall bring its system, or any portion of its system, up to TCEQs standards. 12. Corpus Christi's Right to Sell Treated Water. The City, with the express written consent of the Board of Directors of Violet, retains the right to sell treated water at points and to customers located within and outside Violet's service area In Violet's Certificate of Convenience and Necessity, consistent with applicable law. The City shall not execute any plans for new service extensions within Violet's service area unless and until it obtains the Board of Directors of. Violets consent to provide said service. 13. Water Conservation and Drought Contingency Measures. `r r- and its existing customers upon contract renewals to develop and have in effect a water conservation and drought management plan consistent with the City plan. 1b. If the City implements any measures under its Water Conservation and Drought Contingency Plan, adopted under Section 55-156 of the Code of Ordinances for the City of Corpus Christi, Violet shall within 30 days of notice of any changes to the plan or the implementation of any restrictions, surcharges, or rationing by the City, impose similar restrictions, surcharges, or rationing measures on its customers. Any contract for the resale of water furnished by Violet shall contain a similar condition. If for whatever reason Violet, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, Violet, or its customer, shall reduce its consumption of water from the system as follows: (1) During Condition I -- Water Shortage Possibility, deliveries from the system shall be reduced by 10% from the average deliveries for the same month of the year over the previous three years. (2) During Condition 11 -- Water Shortage Watch, deliveries from the system shall be reduced by 20% from the average deliveries for the same month of the year over the previous three years. (3) During Condition III — Water Shortage Warning, deliveries from the system shall be reduced by 30% from the average deliveries for the same month of the year over the previous three years. C. If for whatever reason Violet, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, but relies upon other sources of water for all or a portion of its water requirements, Violet, or its customer, agrees not to request an increase in the amount of water being diverted from the system should Violet's, or its customer's, other source(s) of water fall to continue to yield the amounts of water anticipated. d. To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by the City, Violet will comply with the stricter method of rationing water. e. Violet shall furnish a copy of any ordinances, orders, or rules adopted by it or its customers that is adopted to implement the required restrictions, surcharges, or rationing measures within the applicable jurisdiction. If for whatever reason Violet, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures, the City may audit the records of Violet to ensure that Violet or its customer has reduced its deliveries by the amount required by this Section. f. The failure of Violet to comply with this Section of the Contract is a K "default' under Section 16 of this Contract. g. Upon Violet's failure to cure a default of this Section 13, provided the City has provided Violet with written notice of the default and an opportunity to cure within a period of not less 30 days, the City is authorized to reduce its deliveries of water to Violet if Violet or its customer has not, in the sole opinion of the City, adequately imposed restrictions under this Section of the Contract. 14. Force Majeure. If the City or Violet is prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of circumstances both beyond its reasonable control and unforeseeable, including any act of God, unavoidable accident, acts of enemies,, fires, floods, rationing, governmental restraint or regulation, other causes of force majeure,, then the obligations of City or Violet, as provided in this Contract, are temporarily suspended during continuation of the force majeure. This section does not extend to any default or failure to perform due to labor shortages or strikes or economic hardship. If a party's delay in performance is excused under this section, the delay will only be for the period the party was actually delayed in performance by the event outside of its reasonable control. No damage is recoverable by Violet from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. If the City's obligation is affected by any of the causes, the City will promptly notify Violet's Representative in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 15. Resolution of Rate Disputes. In the event of any dispute as to the rates being charged, the City and Violet agree that the dispute will be appealed to the TCEQ, under applicable TCEQ rules, to the extent that the TCEQ has jurisdiction over the issue. The City and Violet agree to cooperate to satisfy any jurisdictional requirements that the TCEQ may require for it to determine the rate. In the event that the TCEQ or another dispute resolution agency of the State of Texas falls or refuses to hear an appeal of the wholesale water rate charged by the City, then, in that event, Violet can contest the proposed wholesale water rate in the appropriate court in Nueces County, Texas. 16. Violets Right to Terminate. If Violet's need for water from the City should cease for a period of at least 30 days, Violet may, by giving 30 days written notice to City, by certified mail, terminate this Contract in Its entirety. If Violet actually gives the City written notice, then, in that event this Contract expires 30 days from the date the notice is mailed to City and this Contract and all of its provisions shall become null and void. 17. Remedies Upon Default. a. If either party determines that the other party is in default under this Contract, the party claiming default by the other party shall give written notice to the other party, which states specifically the nature of the default and the remedy for the default that the party intends to seek. The notice must be mailed to the defaulting party at the address provided in Section 24 of this Contract. The defaulting party has or will have ninety (90) days in which to cure the default, or if the default cannot be reasonably cured within the ninety (90) day period, the defaulting party shall use reasonable efforts to undertake to cure the default within the ninety (90) day period. If the defaulting party does not cure the default and reimburse the party not In default for any and all costs incurred as a result of the breath within ninety (90) days, or if the default cannot be reasonably cured within the ninety (90) day period, or If the defaulting party does not use reasonable efforts to undertake to cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within the ninety (90) day period, the party claiming default may seek any remedy available at law or equity, including an action in mandamus or for specific performance. b. No waiver of any breach or default by any party or of performance may be deemed a waiver in the future, nor may any waiver be deemed or construed to be waiver of subsequent breach or default of any kind, character, or description, under any circumstances. C. However, the right to cure a default may not prevent the City from enforcing Section 13 of this Contract if the City has imposed water conservation measures upon its residents. 18. Assignment.This Contract may not be assigned by Violet without the prior written consent of the governing body of the City, which consent will not be unreasonably withheld, unless the assignment would alter or restrict the City's rights under this Contract. Notwithstanding the above and forgoing, the City agrees that Violet may pledge this Contract as security for a loan with the United States Department of Agriculture, Rural Development Division, to be used for the installation of water lines within the certificated area of Violet as set forth in its Certificate of Convenience and Necessity numbered 10920, issued by the Public Utility Commission of Texas. 1;9. Non-Curable Material Breach by Violet. Each of the following is a • curable breach under this Agreement: I a.any representation or warranty of Violet contained herein that is knowingly false or misleading in any material respect as of the date made or deemed to have been made; or b. Violet (1) admits in writing its inability to pay its debts as they become due or (2) file a petition in bankruptcy or for the reorganization or for the adoption of an arrangement under the Bankruptcy Code as now or in the future amended, or file a pleading asking for such relief, or have or suffer to be filed an involuntary petition in bankruptcy against it which is not contested and discharged within sixty (60) days, or (3) make an assignment for the benefit of creditors, or (4) consent • an appointment • a trustee or receiver for all or a major portion of its property, or (5) be finally adjudicated a bankrupt or insolvent under any federal or state law, • (6) suffer the entry of a court order, any federal or state law appointing a receiver or trustee for all or a major part of its property or ordering the winding up • liquidation • its affairs, or approving a petition filed against it under the Bankruptcy Code, as now or in the future amended, which order, if not 411 V Mi I i of attachment or similar process is not stayed or is not released within forty-five (45) days after its entry or levy or after any stay is vacated • set aside, or (9) suffer the placing of a judgment lien on its property and failure to cause such lien • be released and discharged within, forty-five (45) days from the date such lien took effect; or 4. 1. fails to make payment to the City for any month or period of time; 2. sells water to any customer for resale; 3. fails to notify the City of any customer who resells water obtained under this Contract; or 4. fails to follow Sections 7, 8, 11 or 13 of this Contract. II 22. Notices and Addresses. Any notice, communication, or statement required to be given pursuant to this Contract will be in writing and deemed to have been received when delivered in person or three (3) days after mailing if sent by certified mail, postage prepaid, return receipt requested, to the address of the respective party indicated below: 12 1) =1— ment Aftn.: Director of Water Operations 2426 Holly Road Corpus Christi, Texas 78415 Phone: (361) 826-1689 Fax: (361) 826-4326 Aftn.. Violet Manager P.O. Box 1146 3051 highway 44 Robstown, Texas 78380 Phone: (361) 387-3350 Fax: (361) 387-5248 23. Regulatory Agencies. Violet and City agree that the effectiveness of this Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance with the regulations in Title 31, Texas Administrative Code, Chapter 295 and 297, Subchapter J., and any amendments thereto. 24. Periodic Review of Contract Provisions. Violet and the City agree to review the terms and conditions set forth herein every five (5) years to determine whether or not a change in circumstances may require an amendment to this agreement. If a party determines that a change in circumstances requires an amendment then, in that event, the party recommending the amendment shall notify the other party in writing of the proposed amendment. The receiving party shall then have a period of thirty (30) days to review the proposed amendment and to advise, in writing either its acceptance of the proposed amendment, its objections to the proposed amendment or an offer of a counterproposal. In the event the parties are unable to agree on a proposed amendment, then, in that event, the parties agree to submit to the alternate dispute resolution process set forth in Paragraph 7. Billing, as set forth hereinabove. 25. Severability. In case any one or more provisions contained in this Contract is for any reason held to be invalid, Illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability does not affect any other provision of this Contract, and this Contract will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Contract. 26. Captions. All titles of the sections of this Contract have been inserted for convenience of reference only and are not considered a part of this Contract and in no way will they affect the interpretation of any provisions of this Contract. 27. Modifications. Any amendments, or alternative or supplementary agreements, to this Contract must be made in writing and duly executed by an authorized representative or agent of each of the parties to this Contract. 28. Parties at Interest. This Contract is for the sole and exclusive benefit of the parties, and shall never be construed to confer any benefit on any third party. This Contract will be binding upon and inure to the benefit of the parties and their respective 13 successors and assigns where permitted by this Contract. 29. Texas Law to Apply. This Contract will be construed under and in accordance with the laws of the State of Texas. U. Venue. Any action or proceedings relating to this Contract must be taken in Nueces County, Texas. The parties agree that the courts in Nueces County, Texas, shall have exclusive jurisdiction over this agreement. 31. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 32. All Agreements Contained in this Written Instrument This Contract represents the entire agreement between the Violet and City and supersedes all prior negotiations, representations, or agreements either oral or written. The parties have executed this Contract in multiple counterparts; each executed copy shall be considered as an original, by their respective duly authorized representatives, this day of 2013 and is effective on the day of 2013. 14 Sam is William Ordner Secretary President TAE STATE OF ;f ~ \. COUNTY OF NUECES A M THE "CITY" f,-Ail_ Armando Chapa City Secretary Oscar Martinez Assistant City Manager • .ger Ronald L. Olson 15 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2013, by Oscar Martinez, Assistant City Manager for City Manager Ronald L. Olson, City of Corpus Christi, a Texas home rule municipal corporation, on behalf of said corporation. NOTARY PUBLIC — STATE OF TEXAS 16 EXHIBIT "A -1" TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI M VIOLET WATER SUPPLY CORPORATION ACTUAL CURRENT AND PROJECTED FUTURE DELIVERIES Actual current and projected future deliveries are located on: 1. State Farm to Market 24 (Violet Road), at or near the city limits of Corpus Christi; and, 2. State Farm to Market 1694 (Callicoate Road) near the intersection with Meadow Lane. EXHIBIT "A -2" VIOLET WATER SUPPLY USAGE 2012 2011 2010 2009 JANUARY 3998 3413 3471 4602 FEBRUARY 4043 4481 2872 4362 MARCH 4025 4959 3605 2909 APRIL 4654 6411 4629 5067 MAY 5773 5305 4542 4453 JUNE 6176 7388 5391 5963 JULY 7175 7868 6277 7782 AUGUST 6690 9184 4126 6906 SEPTEMBER 5677 4749 4855 4131 OCTOBER 4267 5064 3625 4114 NOVEMBER 5877 5128 4372 4157 DECEMBER 1 40661 44671 49071 4879 TOTALS 64433 70428 54682 61334 Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of March 19, 2013 1852 Action Item for the City Council Meeting of March 26, 2013 DATE: February 21, 2013 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., Director of Water Operations GustavoGo@cctexas.com (361) 826 -1874 Execute Contract for Professional Services Water Supply Alternative Funding Strategies CAPTION: Motion authorizing the City Manager, or designee, Services with HDR Engineering, Inc. of Corpus Christi Water Supply Alternative Funding Strategies. PURPOSE: to execute a Contract for Professional , Texas in the amount of $80,000.00, for The purpose of this Agenda Item is to execute the Contract for Professional Services with HDR Engineering, Inc. for Water Supply Alternative Funding Strategies. BACKGROUND AND FINDINGS: The City of Corpus Christi is facing significant water - related supply and infrastructure challenges arising from various factors, including: generalized growth, booming oil /gas industrial development, increased maritime trade, and potential increased wholesale service demands coupled with continuing, perhaps record drought conditions; low lake levels and reliability concerns increasingly - limited, readily - available excess water supply; aging infrastructure; and regulatory compliance issues. This has necessitated accelerated considerations of funding and constructing the Mary Rhodes Phase II pipeline project and how those costs might be shared with other parties. Also in recent years, the City has made great strides in addressing various utility planning, capital, and funding issues, including an overhaul and reform of its utility rate structures; enactment of a water supply development rate surcharge and associated reserve fund; formal provision of various levels of operating, contingency, and capital reserve accounts; adoption of various other capital program policies; and bringing the CIP process into timing synchronization with the annual budget process. However even with these actions, a more comprehensive array of funding and financing strategies is likely needed to better manage these significant infrastructure costs and their impact on future ratepayers. The scope of this project includes: (A) an analysis and contract negotiation support for the Mary Rhodes — Phase II project, and (B) an analysis of strategies to manage capital costs and help minimize impacts on customer rates. ALTERNATIVES: 1. Execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Water Operating Budget. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Water Department FINAKIriAll IMPArT- 7I Ooeratino ❑ Revenue F]Caoital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $162,748.76 $162,748.76 Encumbered / Expended Amount 23,748.76 23,748.76 This Item $80,000.00 $80,000.00 Future Anticipated Expenditures This Project $6,000.00 $6,000.00 BALANCE $59,000.00 $6,000.00 $53,000.00 Fund(s): Water Operating " The $80,000 item has been encumbered and is reflected in the Appropriation Expenditure Report. Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $80,000.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract PROJECT BUDGET WATER SUPPLY ALTERNATIVE FUNDING STRATEGIES FUNDS AVAILABLE: WaterOperating ................................................................. ............................... $86,000.00 FUNDS REQUIRED: Consultant Fees: Consultant (HDR Engineering, Inc.) ....................................... ............................... 80,000.00 Reimbursements Contract Administration (Contract Preparatio n/Awa rd/Ad min) ...... ............................... 1,800.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) .......... ............................... 2,800.00 Finance............................................................................ ............................... 1,000.00 Misc ................................................................................. ............................... 400.00 TOTAL............................................................................. ............................... $86,000.00 PROJECT BUDGET BALANCE ............................................ ............................... $0.00 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 HDR Engineering, Inc., a Texas corporation, 555 North Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Water Supply Alternative Funding Strategies (Project No. E130121— The scope of this project includes analysis and contract negotiation support for the Mary Rhodes — Phase II project and an analysis of strategies to manage capital costs and help minimize impacts on customer rates. 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. 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) Servioes Page 1 of 3 K%ENGINEERING DATAEXCHANGEUENNIFERIWATERV 3012 WATER SUPPLY ALTERNATIVE FUNDING STRATEGIESICONTRACT 1.10MONTRACT.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 $80,000.00, (Eighty Thousand 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.) 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 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. Contract for Engineering (AIE) SerAoes Page 2 of 3 K%ENGINEERtNG DATAEXCHANGEUENNIFERIWATER1E13012 WATER SUPPLY ALTERNATIVE FUNDING STRATEGIESICONTRACT HDRICONTRACT.DOC 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. 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. Oscar R. Martinez, Date Assistant City Manager F;�.t Z I 10 mi I 0i Pit Daniel Biles, P.E., Date DirimA!Mf Enailg-Ma Services "T, 6 i 06] TLA Office of Management Date and Budget Armando Chapa, City Secretary Project No. E! 3012 Fund Source No. 530000-4010-30230-El 3012 Fund Name: Water Operating Encumbrance No. Contract for Engineering (AIE) Services Page 3 of 3 K (ENGINEERING DATAEXCHANGENJENNIFER WATERtE13012 WATER SUPPLY ALTERNATIVE FUNDING STRATEGIMCONTRACT HI)MCONTRACTDOC EXHIBIT "A" CITY OF CORPUS CHRISTI WATER SUPPLY ALTERNATIVE FUNDING STRATEGIES PROJECT NO. E13012 SCOPE OF PROFESSIONAL SERVICES TO ASSIST IN MARY RHODES PIPELINE — PHASE II NEGOTIATIONS AND TO EVALUATE ALTERNATIVE FUNDING STRATEGIES FOR WATER SUPPLY AND OTHER WATER- RELATED INFRASTRCUTURE The City of Corpus Christi is facing significant water - related infrastructure challenges arising from various factors, including: generalized growth, booming oil /gas industrial development, increased maritime trade, and potential increased wholesale service demands coupled with continuing, perhaps record drought conditions; low lake levels and reliability concerns increasingly - limited, readily - available excess water supply; aging infrastructure; and regulatory compliance issues. This has necessitated accelerated considerations of funding and constructing the Mary Rhodes — Phase II pipeline project and how those costs might be shared with other parties. Also in recent years, the City has made great strides in addressing various utility planning, capital, and funding issues, including an overhaul and reform of its utility rate structures; enactment of a water supply development rate surcharge and associated reserve fund; formal provision of various levels of operating, contingency, and capital reserve accounts; adoption of various other capital program policies; and bringing the CIP process into timing synchronization with the annual budget process. However even with these actions, a more comprehensive array of funding and financing strategies is likely needed to better manage these significant infrastructure costs and their impact on future ratepayers. This proposed scope of services would provide for: (A) analysis and contract negotiation support for the Mary Rhodes — Phase II project, and (B) an analysis of strategies to manage capital costs and help minimize impacts on customer rates. SCOPE OF SERVICES EFFORT A — PROVIDE ANALYTICAL AND NEGOTIATION SUPPORT FOR A MARY RHODES — PHASE II FUNDING AGREEMENT Task A -1— Assessment of Funding Proposals HDR would confer with the City on the current status of discussions with potential funding partners. HDR would review the current cost projections for the project and various project options, assess the timing of City regional water supply needs, and the current proposals and positions in the negotiations and recommend to the City a strategy for proceeding. HDR would then provide analytical support to the City, as needed, as negotiations proceed towards decision - making. Task A -2 — Coordination HDR would provide coordination support in meeting, briefing, or negotiating with various entities related to the potential project which could include, among others: City staff, management, and Council; its Financial Advisor and Bond Counsel; and LNRA /Formosa. Given the unknown number of potential meetings, HDR has budgeted a placeholder amount for this. EXHIBIT "A" Page 1 of 3 EFFORT B — ASSESS AND RECOMMEND STRATEGIES TO MANAGE CAPITAL COSTS AND EFFECT ON THE RATES Task B -1— Data Gathering, Kick -off Meeting, and Policy Discussion HDR would initiate this effort with an initial kick -off meeting to discuss information sources, City goals, current funding programs and recent initiatives, policy issues, and to refine the study approach and subject matter. Task B -2 — Identify and Assess Measures that Affect City Capital Costs HDR will assess various techniques or market conditions that could lower City capital (project) costs and make recommendations to the City on possible program changes. This will include consideration of economies of scale and oversizing, value engineering, strategic bidding approaches, construction market conditions, and cost - sharing through partnering. Task B -3 — Identify and Assess Factors that Affect Project Implementation HDR will review and assess existing City programs for project delivery and various forms of alternative delivery, ranging from more traditional approaches to CMAR to design -build to full privatization. Pros and cons of these project delivery methods will be identified reviewing such factors as legal authority, timeliness, quality of construction, span of City control, project cost, and administrative costs. Task B-4 — Identify and Assess Programs that Affect City Financing Costs In consultation with City Finance Staff, HDR will evaluate interim construction funding, pros and cons of cash versus debt project funding, mixes of cash /debt funding, debt funding through market versus subsidized loans, tax - exempt versus taxable bond implications, and potential grant programs. HDR will make recommendation to the City for possible program changes. Task B -5 — Identify and Assess Factors that Affect the Timing of Capital Costs HDR will identify and assess factors that affect the timing of capital costs, including situations where the timing of implementation of projects is under City control and just -in -time construction can be accommodated, or alternatively, where external forces and opportunity are governing the timing of action that might result in carrying the cost of excess capacity for a longer period of time. Other factors to be reviewed that affect the timing of costs would include such factors as deferred payment approaches (ex. timing of bond issues and first payments, interest -only and backloading debt schedules, deferred payment subsidized loans, etc.). Again, recommendations would be made for City consideration. Task B -6 — Funding Approaches that Affect the Incidence of Risk, Who Pays and How In this task effort, HDR will examine cost allocation and revenue recovery methods that can affect the incidence of risk, who pays, how they pay, and resulting customer equity considerations. This review will examine alternative utility rate funding approaches; rate surcharges; impact fees of various forms; and contract provisions. These mechanism will be assessed for customer equity; funding effectiveness and revenue stability; risk incidence, implementation issues, on -going administrative costs, and legal /regulatory defensibility. Recommendations would be made for City consideration. Task 8-7 — Coordination, Reporting, and Scheduling HDR proposes close coordination with the City staff through regular phone and e-mail communications, scheduled coordination meetings or presentations to staff at key milestones in the effort. Our budget assumes two work sessions with City staff and one presentation to the City Council. EXHIBIT "A" Page 2 of 3 HDR will prepare and deliver 10 copies of a draft and final report. The draft report will be provided to the City and allow for a two weeks comments period, and then submission of a final report. Given Notice to Proceed, it is anticipated that this portion of the study effort will take approximately 90- 120 days to prepare a draft report for City review. SCHEDULE For the Phase A efforts concerning the Mary Rhodes Phase II negotiations, HDR would perform on an on- call or as- needed basis and continue to support the City until the effort is completed or budgeted funds are expended. For the Phase B efforts concerning capital cost management and effect on the rates, HDR will prepare a draft report for City review within 60 -90 days of Notice to Proceed. BUDGET HDR proposes to conduct the study effort for an amount of $80,000. This fee is proposed on a per diem basis, not to be exceeded without advance written authorization from the City. Extra coordination, if desired, can be provided on a per diem basis at the hourly rates shown in Table 1. Billing would be made on a monthly basis with payment due within 45 days of invoicing. TABLE 1 PROPOSED PROJECT BUDGET MARY RHODES PHASE II SUPPORT AND CAPITAL COSTS AND FUNDING STRATEGIES EVALUATION TIONSINE130TIATSONS �TaskT - - Task A-1 - Protide Anal & Negotiation Support ryAe c - 40.0 24.0 - ' - - - $ 15,781 a@PHASEN5t - - 2 - Coo 48.0 24.0 4.0 76.0 $ It. 954 Sub -Total 88.0 48.0 - 4.0 140.0 � $ 33.735 EFFORT B - CAPITAL STRATEGIES Task B-1- M Policy Direction &Data Gathering - - _ - 12 0 8.0 20.0 $ 4.940 Task B-2 - Measures that Affect City Capital Costs - - 4.0 12.0 - - i 16.0 $ _ 4,041 Task 83 - Factors that Attoct Project tr�lemeata6on 4.0 18.0 22.0 $ 5,580 Task S-4 - Prograrna that Affect City Patenting Costs - - - - 12.0 - 6A - - 18.0 $ - 4.426 -- - Task B5 - Factors that Affect the Timing of Capital Costs 8.0 6.0 _ 14.0 $ 3.464 Task B-8 - Funding Approaches that Affect the Ineldence of Risk, Who Pays_ & How 16.0 6.0 -22.0-$ - -- 5,389 - -Task B-7 - Coordination Reporting and Scheduling 30.0 30.0 - 4.0 64.0 $ 15,163 Sub -Total 86.0 86.0 _ _ _- _ _ 4.0 176.0 $ 43,003 Total Labor Hours 174.0 134.0 - 8.0 316.0 Loaded Labor Expense per Hour' $ 241 $ 257 $ 146 $ 62 Total Labor Expense) $ -_ 41.883 _ $ _34.379 $ - _ _ ; $ 498_._ - - -S - -- 78738 - - - - -- B. NOW ABOR EXPENSES Unit - - Total _ - - -- -- - -- - -- - (tern ouardity Price Cost Mgeage - Rounddrtp AusBNNatesata - 3.520 miles - $ 0.50 _ per We $ 1,760 - -- - - Tedtndogy Charge 316 hours $ _ 3.70 per hour . -$ 1,169_____ -- _ -- Communications (telephone, FAX mail) 25 ea S 1 - -5i Ls. $ ____25._ RWTdt 20 _ reports .$ - ea. $ 100 - -- Misc. $ 1 ea. $ 2081 I.$. $ 208 Total Non -Labor Expenses_ 4 $ 3,282 C TOTAL PROJECT BUDGET _$__8.0j_01_0 EXHIBIT "A" Page 3 of 3 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, 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 11UM8101214 :1: ;:[6167 if, I ;i :I i! -f-A II to] �I EMPLOYERS' LIABILITY K1EngineMng DateExehangeUENNIFER%FORMSWWbit B for Large.dom $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 EXHIBIT "B" Pagel of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -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 policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City 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 2 of 3 KtiErgineering DataExduuW %JENNIFERIFORMS%Exhibit 8 for Large.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 KW.nginaering DataEv %angeUENNIFER%FORMS1Exhibit 8 for Large.docc O y O +�' _ V Cfl Sle °° O X � ~ d U M x U w R 06 60 d N C1 (D N E E V V L Ct)a0 a 0 J c c 4 _ m O O 0 > C N d 7 C7 O ._ O L i a — O E a� W +�' _ V Cfl Sle °° O X � ~ d U M x U w R 06 60 N azz °�' c w .> 0 E J c c 4 a°-- 2 ° ° °o u� CV 0 Z ° Z E m a R a. t C i 0 O T- o COO Sle °° O o «co 0 N 0 00 0 0 0 o 0 O 0 o 0 (M 0 0 CMV 0 O T- °O LO r ° ° °o u� CV o � ° ° m m m� 0 0 LO CV 0 Ln °O o M 619, ffl co va CU a. U 6R3 69 0 O 0°° LO 0 LO 0000000 O m � 0° If) LL O Cn (U U a o EA LL 69 0 m o =1 in IL 0 41% U Efl oc9. ° CD 0 0 i0 r- 0 LO 0 0 0 m 0 0 0 u') 0 0 Cn (On N V- r (n o 0 .r cLo c g p o E O o O T O O O M O to 1- O O to C'7 O O N OO O O O N O N r V t� N CD a= Q m Q m Q m �„� I� 'et' I- et' O to N 06 ti 'ef h 'et t- CA CD N > m <CL 0ww mm¢ f— C) C) ° LO N O O r t°n N l 64 ° N (D r 0 m 0 m 0 m N CD r in N e- N CD r CYO N 69 EO 69 d3 °°° Cl D N O N N E3 O O O r 64 N° r m m r r O r r r r CV EA Efl EA Efl 0 O r 0 O N °O to ° o Cn CV °O O (D o O (N ° ° 0 0 0 0 O N 0 O (D 0 O N 0 O CID 69 69 I 69 Eti Eg EXHIBIT "C" Pa e 1 of 1 O O _U Z U N N co va CU a. U N O O ((i � N LL (U U a o C LL 0 m o =1 in IL 0 m U (n EXHIBIT "C" Pa e 1 of 1 O U N � � N LL (U U C LL U) t i> D C U O N c CL o in m Q �• li c ° ¢ 1° (n o 0 .r cLo c g p o E ca > 'DV O N to 0 > m <CL 0ww mm¢ f— EXHIBIT "C" Pa e 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED Bl'ZITT- PURCHASING DIVISION wit City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership 8 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. I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Job Title and City Department (if known) N.A. 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N.A. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named *firm." Name Consultant N.A. FILING Rll-QLJIREINIENTS I fa person who requests officia I action oil a matter knows than the req ties ted action �\Ill Confer art economic benefit oil aliv Citv official or employee that is dIS611111iShable front the effect that tile acLioll will have on nicinbers of' the public in general or a substantial sel--illent thereof, voll shall disclose that fact in a signed writing to the City offlicial, employce-or body that flans beell requested to act in tile matter, unless trie interest oe the C I t% official 'oi- cinplovee ill the Inaticr is parent. The disclosure shall also be made fit il signed -%uitillu filed \s 1111 file ('11v sccrctary as parent. Ordinance Section 2-349 1d)] CERTIFIGMON I certify that all information provided is true and correct as of the date of this stalement, that I have not knowini-fly withheld disclosure of any information rcquested: and that smiliflenlelital statements will be promptly submitted to the City- of'Corpiss Christi, Texas as chanucs occur, Cel•firvill" Person: Carl E. Crull, 1). E. 'ritie: Vice President I I 5 Iw or 1,6111) Signature of Certifying Date: Person- DEFINITIONS "Board ineniber.- A mcniher of all,,, board, commission, or comillinee appointed by the City Council of,the City ofcorplls Christi, Texas. b. -Economic benefit", An action that is like1v to affect an economic interest if it is likely , to have an effect on that interest that is distinguishable from its effect oil members of tine puillic in gencral or a substantial seoment thereof. I "Enijfloyee - Ali\, person employed b' v the Crl� of Col-pus Chl-isti. Texas either oil a filil or part-time basis, but not as art independent contractor. -Firni.- Any entity operated f-or economic gain, %%hether professional. industrial or commercial, and whether esiabilshed to 1, roduce or deal \\ ith a product or scr% Ice, including but not limited it), entities operated in the form of sole proprietorship, a-; self '-employed person, partnership, corporation, joint stock compariv,joint venture, receivership or trust, and entities which for purposes of-taxation are treated as non-profit organizations, "Official.- The Nlavor, members of the C'11\' COMICH, Cil� N'lZIIIaQCr, DUj)LItV C-11V Nlanager, Assistant City Managers, Department and Division I leads, and Municipal Cotir't Juds-,es of` the City ol'Corpus Christi, Texas. f, -Ownership Interest." Legal or equitable interest- whether actually or constructively held, ill as firm, including when such interest is held through alit to Ing eIlL trust, estate, ol. hold, entity. "Constructively held" refi rs to holdings or control established throuph volim, trusts, proxies, or special terns ot'venture or partnership agreemerits,- - L,. -Consulutnt.- Ali\, person or first, SLIC11 ars en-ineers and architects, hired b4 tile City of Corpus Christi for tile purpose of'professional consultation and recommendation, DATE: February 13, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services &V3 MichaelAr @cctexas.com 361- 826 -3735 Update existing LANDesk licensing to LANDesk Data Analytics Suite. CAPTION: Motion authorizing the City Manager, or designee, to execute a 3 -year contract with SHI, Inc., of Austin, Texas for an estimated expenditure of $252,911.94. The cost will be paid in 3 annual payments of $84,303.98. The purpose is to update existing LANDesk Service Desk and management suite licenses to an enterprise solution and this cost includes maintenance costs for the 3 -year period. SHI, Inc. is a Texas Department of Information Resources reseller number DIR -SDD -1009. PURPOSE: Approval of this contract would update our existing LANDesk licensing to an enterprise solution enabling the City to run the entire LANDesk suite of applications, city - wide, at no increase in cost over previous limited application licensing. BACKGROUND AND FINDINGS: Updating our existing licensing will add the ability for Municipal Information Systems department to incorporate Information Technology inventory within the LANDesk management suite. It will also manage software .license compliance and aid us in salvaging licenses for reuse resulting in new cost savings for the City. .Every department requires inventory data to manage their Information Technology assets and expenditures. This update allows us to bring that data into the LANDesk suite to take advantage of automated integration and reporting. The present reporting process requires manual comparison of almost 6,000 items of Information Technology - inventoried hardware throughout the City, prior to disseminating the information to departments for budgeting and ordering Information Technology hardware. The City has been utilizing LANDesk under several names since 2003 as our Service Desk application, remote access application, and process management software. Individual instances of process management are in use by Municipal Information Systems and the Police Department, and processes have been created, but not used, in the Legal Department and the Public Information Office. ALTERNATIVES: Continue using LANDesk as presently licensed without inventory and license compliance features. OTHER CONSIDERATIONS: Moving to LANDesk Data Analytics does not require a cost increase. LANDesk offers this to secure our business for a three -year agreement period. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY INON- EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget FINANCIAL IMPACT: X Operating o Revenue © Capital u Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 84,303.98 168,607.96 252,911.94 Encumbered I Expended Amount This item 1 84,303.981 168,607.96 1252,911.94 BALANCE 1 01 01 0 runa(s): municipal mrormation Services Comments: Total cost of the 3 -year contract is $252,911.94. This is a Texas Department of Information Resources quote that will be paid in three annual payments. Funds have been budgeted for this expense and are available in 5210- 40420 - 530160, Rentals. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: SHI, Inc. Quotation SHI, Inc. Agreement Pricing Proposal Quotation #: 6231198 Created On: 1/22/2013 Valid Until: 3/30/2013 CITY OF CORPUS CHRISTI Inside Sales Manager Jesse Carmona Jay. Martell 1201 LEOPARD ST 1301 South Mo -Pac Expressway CITY HALL BASEMENT Suite 375 CORPUS CHRISTI, TX 78401 Austin, TX 78746 United States Phone: '800 -870 -6079 Phone; (361) 826 -3765 Fax: 512 - 732 -0232 Fax: (361) 826 -4356 Email: Jay Martell @SHI.Com Email: jessecar@cctexas.com All Prices are in US Dollar (USD) Product Qty Your Price Total 1 Cloud ServiceslMgmt Gateway Appliance MNT 1 $3,855.94 $3,855.94 LANDesk - Part#: SCNT- PMA- LDMG1000 Note: DIR -SDD -1009, 3/30/2013 - 3129/2016 2 LANDeak Total User Management Bundle License Upgrade from LDMS (User Based) 2896 $35.00 $101,360.00 2000 -4999 - - LANDesk - Part#: LDTUM- L- UPG -04 Note: DIR -SDD -1009 3 LANDesk Total User Management Bundle Maintenance (User Based) 2000 -4999 2896 LAN Desk - Part#: LDTUM -M-04 Note: DIR -SDD -1009, 3!3012013 - 3/29/2014 $17.00 $49,232.00 4 LANDesk Total User Management_ Bundle Maintenance (User Based) 2000 499,9 2896 $.17.00 $49,232.00 LANDesk - Part#: LDTUM -M-04 Note: DIR -5DD -1009, 3/30/2014 - 3/2912015 5 LANDesk Total User Management Bundle Maintenance (User Based). 2000 -4999 2896 $17.00 $49,232.00 LANDesk - Part#: LDTUM-M-04 Note: DIR -SDD -1009, 3/30/2015 - 3/29/2016 Total $252,911.94 Additional Comments *'Per finance agreement with LANDesk, there will be 3 equal payments of $84,303.98.. Due March 2013, 2014, 2015. The first of 3 payments due each March 29th of 2013, 2014, 2015 " DIR -SDD -1009 Good afternoon. Here is the price quote you requested. Please provide end -user contact information (first name, last name, and email address) for all orders. Not including this information may result in a delay in order processing. Also, please include SHI quote number on your PO. Please contact me if you have any questions. The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHI and the Customer. *"Please note'"* We will need a copy of your Sales Tax Exemption Certificate COVER LETTER faxed back with the signed documents. Thanks AGREEMENT # TM 1689000 FEBRUARY 7, 2013 CITY OF CORPUS CHRISTI * *WE WILL NEED A COPY OF THE BOARD MINUTES AND 1201 LEOPARD ST PIGGYBACK CONTRACTIRFP. ** CORPUS CHRISTI TX 78401 RE: Agreement # 1689000 Dear Valued Customer, Thank you for selecting SHI International Corp for your financing needs. Enclosed are the documents needed to complete the transaction. Please complete each item below marked with an "X," and return to me accordingly. Please note the payment amount is valid for 90 days, after 90 days it is subject to change according to current pricing, X Sign and date the Agreement, both pages, by the "X." X If the equipment has been delivered and is satisfactory to you, please sign and date the Delivery and Acceptance Certificate by the "X" to verify equipment delivery acceptance. X Fax a copy of all documents (front and back) to me at 866- 977 -0937. X Sign and return all original documents (along with the Advance Payment/Security Deposit for $0.00, if applicable) to SHI International Corp. Please do NOT return the Delivery and Acceptance Certificate if the equipment has yet to be delivered. Please hold the Delivery and Acceptance Certificate until the equipment is delivered. Once delivered, fax it to me at 666- 977 -0937. That will be our indication that you are ready to start your contract. NA Within sixty (60) days of the start of the Agreement, please provide proof of property and liability insurance. Please list SHI International Corp and its Assigns as Lender's Loss Payee and Additional Insured. Please fax certificates to 800 -328- 9092 or mail to: SHI International Corp, Attn: Insurance at 1310 Madrid Street, Marshall MN 56258. NASign and date the Epay form for the Advance Payment/Security Deposit. Please attach a voided check for routing number purposes. X Provide SHI International Corp with your Federal Tax ID number and Tax Exempt Certificate, if applicable. NAMake a photocopy of driver's license of all signers. Please overnight the above documentation to: SHI International Corp Attn: Amy Bruns 1310 Madrid St Ste 105 Marshall MN 56258 Thank you for the opportunity to assist you with your financing needs. If you have any questions or concerns, please feel free to contact me at 800 -828 -8246 ext 7126. Sincerely, Brady Webb Finance Specialist P.S. Make a copy of the signed agreement documents to keep for your records. Thank you for your businessl 10292 REV 06112 Installment Payment Agreement AGREEMENT NO. TM 1689000 The words Customer, you and your refer to Obligor. The words Lender, Secured Party, we, us and our refer to SHI International Corp. FULL LEGAL NAME CITY OF CORPUS CHRISTI STREETADDRESS 1201 LEOPARD ST CITY STATE ZIP PHONE FAX CORPUS CHRISTI TX 78401 361- 826 -3765 FINANCED ITEMS LOCATION (IF DIFFERENT FROM ABOVE) E -MAIL SAME BILLING STREET ADDRESS (IF DIFFERENT FROM OBLIGOR ADDRESS ABOVE) CITY STATE ZIP SAME 1- LAIVDESK TOTAL USER MANAGEMENT BUNDLE (USER BASED)2000 -4999 1 -CLOUD SERVICES /MGMT GATEWAY APPLIANCE MNT Advance Payment: $ 0.00 1 SEE SCHED B Payments of $ SEE SCHED B If no Advance Payment is required, the first Payment is due j2Q days after the The contract payment t "Payment ") period is monthly unless otherwise Indicated. Interim Agreement start date. due date adjustments will be in an amount equal to 11301" of the Payment, multiplied by the Amount Financed: $ 252.911:94 1 number of days between the Agreement start date and the first Payment due date. Upon acceptance of the Financed Items, THIS AGREEMENT IS NONCANCELABLE, IRREVOCABLE AND CANNOT BE TERMINATED. 1. AGREEMENT: This Agreement is made in connection with the license to be granted to you by licensor of certain software and the provision by licensor of certain related implementation, integration, support and/or professional services in connection with the licensed software, all as further described in the software license agreement identified above {°License Agreement'). For business purposes only, you have requested that we finance licensed software (`Licensed Software') and services ( "Services ") identified in the License Agreement, and all as described on this Agreement, as it may be supplemented from time to time (collectively referred to as "Financed Items "). You agree to all of the terms and conditions contained in this Agreement and any supplement, which (with the acceptance certification) is the entire agreement regarding the Financed Items ( "Agreement ") and which supersedes any order or invoice. You authorize us to correct or insert missing Financed Items identification information and to make corrections to your proper legal name and address. This Agreement becomes valid upon execution by us and will start on the date we pay the licensor. If any provision of this Agreement is declared unenforceable in any jurisdiction, the other provisions herein shall remain in full force and effect in that jurisdiction and all others. This Agreement may not be prepaid. 2. PAYMENTS, TAXES AND FEES: You will pay the Payments (as adjusted) when due. The base Payment and the Amount Financed may be adjusted proportionately upward or downward: (1) by up to 10% to accommodate changes in the actual Financed Items cost; (2) if the shipping charges differ from the estimate given to you; andlor (3) if a down payment or deposit is deducted. You agree to pay when due all taxes (including personal property taxes), assessments, levies, imposts, duties and charges, of any kind or nature, imposed upon the Financed Items or for its use or operation or upon this Agreement. At our option, we may discharge taxes, liens or other encumbrances at any time levied or placed on the Financed Items, and you agree to reimburse us when we request and to pay us a processing fee for each expense or charge we pay on your behalf. We may charge you a fee for filing, searching and/or tiding costs required under the Uniform Commercial Code (UCC) or other laws. By the date the first Payment is due, you agree to pay us an origination fee in the amount of $150.00 to cover us for all closing costs. We will have the right to apply all sums received from you to any amounts due and owed to us under the terms of this Agreement. If for any reason your check is returned for nonpayment, you will pay us a bad check charge of $30 or, if less, the maximum charge allowed by law. We may make a profit on any fees and other charges paid under this Agreement. By signing below, you certify that you have reviewed and do agree to all terms and conditions of this Agreement on this page and on page CITY OF CORPUS CHRISTI Fi-t V FEDERAL TAX IDENTIFICATION NUMBER PRINT NAME DATED Page 1 of 2 APV@Vad as to bt0 t 3 10572 REV 10112 f` , Lisa Agu a Assistant City Attorney C— n; +.. h4fnenaw 3. SECURITY INTEREST: You grant us a security interest in the Licensed Software, the License Agreement, including without limitation, all your rights in the Licensed Software granted thereunder, all rights to payment under the License Agreement and all proceeds of the foregoing to secure all amounts you owe us under any agreement with us, and you authorize us to file a financing statement (UCC -1) to show our interest. You will not change your state of organization, headquarters or residence without providing prior written notice to us so that we may amend or file a new UCC -1. You will notify us within 30 days if your state of organization revokes or terminates your existence. 4. LOSS OR DAMAGE: YOU HEREBY WAIVE ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT LIABILITY OR ABSOLUTE LIABILITY IN TORT) THAT YOU MAY HAVE AGAINST US FOR ANY LOSS. DAMAGE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, OR SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE CAUSED BY THE FINANCED ITEMS COVERED BY THE LICENSE AGREEMENT OR A TERMINATION OF THE LICENSED SOFTWARE PURSUANT TO SECTION 6 HEREIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, EXPENSE OR COST. If the Licensed Software is destroyed, you will pay to us the unpaid balance of this Agreement, including any future Payments to the end of the term discounted at 2 %. 5. ASSIGNMENT: YOU HAVE NO RIGHT TO ASSIGNOR IN ANY WAY DISPOSE OF ALL OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, THE FINANCED ITEMS OR THE LICENSE AGREEMENT, without our prior written consent. Without our prior written consent, you shall not reorganize or merge with any other entity or transfer all or a substantial part of your ownership interests or assets. We may sell, assign, or transfer this Agreement without notice. You agree that if we sell, assign or transfer this Agreement, our assignee will have the same rights and benefits that we have now and will not have to perform any of our obligations, You agree that our assignee will not be subject to any claims, defenses, or offsets that you may have against us. You shall cooperate with us in executing any documentation reasonably required by us or our assignee to effectuate any such assignment. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. 6. DEFAULT AND REMEDIES: You will be in default if: (a) you do not pay any Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other entity, including but not limited to the License Agreement, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) there has been a matedal adverse change in your or any guarantor's financial, business or operating condition, (e) any guarantor defaults under any guaranty for this Agreement, or (f) the License Agreement is terminated. If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10 % of the Payment which is late or if less, the maximum charge allowed by law. If you are ever in default, at our option, we can terminate this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of the term discounted at 2 %, and in addition we shall have the right to cause the termination of all Financed items. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any or all of the remedies available to us under Article 9 of the UCC and any other law, including requiring that you: (1) deliver the Licensed Software to us to a location we specify; and (2) immediately stop using any Licensed Software, regardless of whether you are in default of your obligations under the License Agreement. In such event you shall, at our option, deliver to us certification executed by your duly- authorized officer certifying that you have ceased your use of the Licensed Software. In the event you are entitled to transfer the right to use the Licensed Software to any third party, you hereby agree to transfer any such right to use the Licensed Software to any third party selected by us and acknowtedge that you shall have no right to fees payable by any third party in connection with such transfer. In addition, we will have the right, immediately and without notice or other action, to set -off against any of your liabilities to us any money, including depository account balances, owed by us to you, whether or not due. In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable affomey's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. If we have to take possession of the Licensed Software, you agree to pay the costs of repossession, YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that your rights and remedies are governed exclusively by this Agreement. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy. 7. FINANCED ITEMS: SOFTWARE, SERVICES, WARRANTY DISCLAIMERS: You have elected to finance the Financed Items, including but not limited to training, installation, maintenance, custom programming, technical consulting and support services. Ownership of any Licensed Software shall remain with the licensor thereof and your rights with respect to such Licensed Software shall be governed by the License Agreement between you and the licensor, which shall not be affected by this Agreement. Any Services shall be performed by a service provider unrelated to us. IN NO EVENT SHALL WE HAVE ANY OBLIGATION TO PERFORM ANY SERVICES, AND ANY FAILURE OF SUCH SERViCE•PROVIDER TO PROVIDE ANY SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE YOUR OBLIGATIONS TO VS. WE SHALL NOT BE LIABLE TO YOU, NOR SHALL THERE BE ANY ABATEMENT OR SETOFF IN YOUR PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS. You acknowledge and agree that your sole remedy in the event of (i) a breach of the License Agreement, (ii) a failure of the Financed Items to perform as warranted by licensor, or (iii) any other dispute or default under the License Agreement shall be against licensor or any supplier, and you shall have no right to withhold or refuse to make the payments required under this Agreement, even if the License Agreement provides for the passibility of offset, refund or suspension of payment, or the licenses granted under the License Agreement and/or Services provided thereunder have been revoked or otherwise terminated for any reason whatsoever. YOU AGREE THAT YOU HAVE SELECTED THE LICENSOR AND FINANCED ITEMS BASED UPON YOUR OWN JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE LICENSED SOFTWARE. THE LICENSOR IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF THE LICENSOR, AND NOTHING THE LICENSOR STATES CAN AFFECT YOUR OBLIGATION UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE FINANCED ITEMS COVERED BY THE LICENSE AGREEMENT AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR AS TO ANY PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, OR ANY OTHER ISSUE IN REGARD TO THE FINANCED ITEMS. 8. INSPECTIONS AND REPORTS: We will have the right, at any reasonable time, to inspect the Licensed Software and any documents relating to its use, maintenance and repair. Within 30 days after our request, you will deliver all requested information (including tax returns) which we deem reasonably necessary to determine your current financial condition and faithful performance of the terms hereof. This may include: (1) compiled, reviewed or audited annual financial statements (including, without limitation, a balance sheet, a statement of income, a statement of cash flow, a statement of changes in equity and notes to financial statements) within 120 days after your fiscal year end, and (ii) management - prepared interim financial statements within 45 days after the requested reporting period(s). Annual statements shall set forth the corresponding figures for the prior fiscal year in comparative form, all in reasonable detail without any qualification or excepfson deemed material by us. Unless otherwise accepted by us, each financial statement submitted to us shall be prepared in accordance with generally accepted accounting principles consistently applied and shall fairly and accurately present your financial condition and results of operations for the period to which it pertains. 9. USA PATRIOT ACT NOTICE; FAXED OR SCANNED DOCUMENTS; MISC.: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each customer who opens an account. When you enter into a transaction with us, we ask for your business name, address and other information that will allow us to identify you. We may also ask to see other documents that substantiate your business identity. You agree to submit the original duly - signed documents via overnight courier the same day of the facsimile or scanned transmission of the documents. Any faxed or scanned copy may be considered the original, and you waive the right to challenge in court the authenticity or binding effect of any faxed or scanned copy or signature thereon, You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. All notices shall be mailed or delivered by facsimile transmission or overnight courier to the respective parties at the addresses shown on this Agreement or such other address as a party may provide in writing from time to time. By providing any telephone number, now or in the future, for a cell phone or other wireless device, you are expressly consenting to receiving communications, regardless of their purpose, at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic dialing system from us and our agents. These calls and messages may incur access fees from your provider. 10. LAW, JURY WAIVER: Agreements, promises and commitments made by us, concerning loans and other credit extensions must be in writing, express consideration and be signed by us to be enforceable. This Agreement may be modified only by written agreement and not by course of performance. This Agreement will be governed by and construed in accordance with Minnesota law. You consent to jurisdiction and venue of any state or federal court in Minnesota and waive the defense of inconvenient forum. For any action arising out of or relating to this Agreement or the Financed Items, YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY. Page 2 of 2 10572 REV 10112 X OBLIGOR INITIALS: AV TM PAYMENT SCHEDULE "B" (DEFERRAL) AGREEMENT # 1689000 This Payment Schedule "B" is to be attached to and become part of Agreement # 1689000 dated between the undersigned as Customer and SHI International Corp as Lessor /Secured Party. If any terms hereof are inconsistent with the terms of the Agreement, the terms hereof shall prevail. Type of upfront payment and amount: Security Deposit $0.00 Advance Payment $0.00 Down Payment $0.00 The above payment(s) is /are due 120 days after the Agreement start date. Payment Schedule as follows. *plus applicable taxes 1 monthly Payment(s)* of $84,303.98; and 7 monthly Payment(s)* of $0.00; and 1 monthly Payment(s)* of $84,303.98; and 11 monthly Payment(s)* of $0.00; and 1 monthly Payment(s)* of $84,303.98. The first monthly Payment is due 120 days after the Agreement start date. This Payment Schedule "B" is hereby verified as correct by the undersigned Customer, who agrees to the terms hereof. CITY OF CORPUS CHRISTI Customer X TSignature X Title Date NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BEAN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10576 REV 02112 AhTM NON - APPROPRIATION ADDENDUM AGREEMENT # 1689000 Addendum to Agreement # 1689000, dated , between City of Corpus Christi, as Customer and SHI International Corp, as Lessor. The parties wish to amend the above- referenced Agreement to add the following language: REPRESENTATIONS AND WARRANTIES OF CUSTOMER: Customer hereby represents and warrants to Lessor that: (a) Customer has been duly authorized by the Constitution and laws of the applicable jurisdiction and by an approved motion of its governing body (which approved motion, if requested by Lessor, is attached hereto), to execute and deliver the Agreement and to carry out its obligations hereunder. (b) All legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of the Agreement. (c) The Equipment will be used by Customer only for essential governmental or proprietary functions of Customer consistent with the scope of Customer's authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use. Customer's need for the Equipment is not expected to diminish during the term of the Agreement. (d) Customer has funds available to pay contracted Payments until the end of its current appropriation period, and it intends to request funds to make contracted Payments in each appropriation period, from now until the end of the term of the Agreement. (e) Customer's exact legal name is as set forth on page one of the Agreement. Customer will not change its legal name in any respect without giving thirty (30) days prior written notice to Lessor. NON - APPROPRIATION: If sufficient funds are not appropriated to make contracted Payments under the Agreement, the Agreement shall terminate and Customer shall not be obligated to make contracted Payments under the Agreement beyond the then - current fiscal year for which funds have been appropriated. Upon such an event, Customer shall, no later than the end of the fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to Lessor. If Customer fails to deliver possession of the Equipment to Lessor, the termination shall nevertheless be effective but Customer shall be responsible for the payment of damages in an amount equal to the portion of contracted Payments thereafter coming due that is attributable to the number of days after the termination during which the Customer fails to deliver possession and for any other loss suffered by Lessor as a result of Customer's failure to deliver possession as required. Customer shall notify Lessor in writing within seven (7)-days after the failure of the Customer to appropriate funds sufficient for the payment of the contracted Payments, but failure to provide such notice shall not operate to extend the Agreement term or result in any liability to Customer. The parties wish to amend the above - referenced Agreement by restating the following: Any provision in the Agreement stating that the Agreement shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: "This Agreement will renew for month -to -month terms unless you purchase or return the Equipment (according to the conditions herein) or send us written notice at least 30 days (before the end of any term) that you do not want it renewed." Any provision in the Agreement stating that you grant us a security interest in the Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows: "You grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement, and you authorize us to file a financing statement (UCC -1) to show our interest." Page 1 of 2 NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BEAN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10162 REV 06112 Any provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows: "You shall not be required to indemnify or hold us harmless against liabilities arising from the Agreement. However, as between you and us, and to the extent permitted by law, you shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with the terms of the Agreement to us or that arise directly from our gross negligence or willful misconduct." Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an event of default under the Agreement is hereby amended and restated as follows: "You will be in default if: (a) you do not pay any Payment or other sum due to us under the Agreement when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) there has been a material adverse change in your or any guarantor's financial, business or operating condition, or (e) any guarantor defaults under any guaranty for this Agreement." Any provision in the Agreement stating that the Agreement is governed by a particular state's laws and you consent to such jurisdiction and venue is hereby amended and restated as follows: "This Agreement will be governed by and construed in accordance with the laws of the state where Customer is located. You consent to jurisdiction and venue of any state or federal court in Nueces County, Texas." By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such changes. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. SHI International Corp Less w Swig' nature Title Date City of Corpus Christi Customer X Signature X X Title Date Page 2 of 2 NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10162 REV 06/12 Arvid " to frnm:1 t isa L Aguliar Assistant City Attorney For City Attorr►eY Re: Agreement # 1689000, dated Lessor. CUSTOMER'S CERTIFICATE AGREEMENT # .:•60I City of Corpus Christi, as Customer and Shi International Corp, as The undersigned, being the duly elected, qualified and acting �r of the City of Corpus Christi ( "Customer") do hereby certify, as of F , as follows: 1. Customer did, at a meeting of the governing body of the Customer held , 201] by motion duly approved, in accordance with all requirements of law, approve and authorize the execution and delivery of the above- referenced Agreement (the "Agreement ") by the following named representative of Customer, to wit: NAME OF EXECUTING OFFICIAL TITLE OF EXECUTING OFFICIAL PIG,NATUR� _ OI= EXECUTING.WICAA l And/ Or 2. The above -named representative of the Customer held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting(s) of the governing body of the Customer at which the Agreement was approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Agreement and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Customer relating to the authorization and delivery of Agreement have been: (a) held within the geographic boundaries of the Customer; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Customer, if any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or a Non - appropriation (as such terms are defined in the Agreement) exists at the date hereof with respect to the Agreement. 5. The acquisition of all of the Property under the Agreement has been duly authorized by the governing body of Customer. 6. Customer has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year under the Agreement and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Customer in any court (a) seeking to restrain or enjoy in the delivery of the Agreement or of other agreements similar to the Agreement; (b) questioning the authority of Customer to execute the Agreement, or the validity of the Agreement; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Agreement; or (d) affecting the provisions made for the payment of or security for the Agreement. City of Corpus Christi By: Title: SIGNER MUST NOT BE THE SAME AS THE EXECUTING OFFICIALS SHOWN ABOVE. NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL, CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. A551 REV 12111 Approvd 13 to form: � czjl'?11 Lisa AgOar J Assistcnt City Attorngy For City Attorney TERMS AND CONDITIONS ADDENDUM AGREEMENT # 1689000 Addendum to Agreement # 1689000, dated between City of Corpus Christi, as Customer and SHI International Corp, as Lessor/Secured Party. The parties wish to amend the above - referenced Agreement as set forth below: The following provision(s) shall be added to the terms and conditions of the Agreement: The following provision(s) shall be removed from the terms and conditions of the Agreement: The following provision(s) shall be revised from the terms and conditions of the Agreement: Paragraph 6 DEFAULT AND REMEDIES: Revise "In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collections costs, inculding any collection agency fee." to read "In the event of any dispute or enforcement of rights under this Agreement or any related agreement, the non - prevailing party shall pay the prevailing party's reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collections costs, inculding any collection agency fee." By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor/Secured Party to make such changes. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. SHI International Corp City of Corpus Christi Lessor/Secure rty Customer Y x ignature 'Signature 'I fer rn' �Z /9 i3 x x Title Date Title Date NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. A500 REV01112 Lisa Agu a As is City Attorney For City Attorney DELIVERY &ACCEPTANCE CERTIFICATE AGREEMENT# 1689000 Customer certifies that the Equipment and/or Financed Items listed below have been furnished, that delivery and installation has been fully completed and is satisfactory. Further, all conditions and terms of this Agreement have been reviewed and acknowledged. Upon Customer's signing below, Customer's promises in the Agreement will be irrevocable and unconditional in all respects. Customer understands and agrees that Lessor /Secured Party has paid for the purchase of the Equipment and/or Financed Items from the Supplier .and Customer may contact the Supplier for Customer's warranty rights. If the Agreement is a lease, Lessor transfers any warranty rights to Customer for the term of the Agreement (or until Customer defaults). If the Agreement is a loan, Customer may receive warranty rights from the Supplier upon the purchase at the start of the term. Customer's approval as indicated below of Lessor'slSecured Party's payment for the purchase of the Equipment and/or Financed Items from the Supplier is a condition precedent to the effectiveness of the Agreement. Supplier: Equipment and /or Financed Items SHI 1- LANDESK TOTAL USER MANAGEMENT BUNDLE USER BASED 20004999 I -CLOUD SERVICES /MGMT GATEWAY APPLIANCE MINT together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries. CITY OF CORPUS CHRISTI Customer x Signature x Title Date NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10000 REV 10112 CUSTOMER'S COUNSEL'S OPINION [To be provided on letterhead of Customer's counsel.] SHI International Corp(the "Lender ") City of Corpus Christi (the "Customer') 1201 Leopard St Corpus Christi, TX 78401 RE: Agreement # 1689000 between City of Corpus Christi and SHI International Corp. Ladies and Gentlemen: We have acted as special counsel to City of Corpus Christi ( "Customer"), in connection with the Agreement # 1689000, dated as of , between City of Corpus Christi, as Customer, and SHI international Corp Lender, and any amendment or addendum thereto, if any (together, the "Agreement"). We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. Based upon the foregoing, we are of the opinion that, under existing law: 1. Customer is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. 2. Customer has all requisite power and authority to enter into the Agreement and to perform its obligations there under. 3. All proceedings of Customer and its governing body relating to the authorization and approval of the Agreement, the execution thereof and the transactions contemplated thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 4. The Agreement has been duly executed and delivered by Customer and constitute legal, valid and binding obligations of Customer, enforceable against Customer in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Customer, affecting remedies or creditors' rights generally, and to the exercise of judicial discretion in appropriate cases. 5. As of the date hereof, based on such inquiry and investigation as we have deemed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Customer in any court (a) seeking to restrain or enjoin the delivery of the Agreement; (b) questioning the authority of Customer to execute the Agreement, or the validity of the Agreement (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Agreement; or (d) affecting the provisions made for the payment of or security for the Agreement. This opinion may be relied upon by Lender, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Agreement. Very truly yours, By: A550 REV 12111 Ga O� AGENDA MEMORANDUM NoP ©gyp EO Future Item for the City Council Meeting of March 19, 2013 1852 Action Item for the City Council Meeting of March 26, 2013 DATE: March 1, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Execute Construction Contract and Construction Materials Testing Contract Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road Bond Issue 2012 CAPTION: Motion authorizing the City Manager or designee to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,373,769.00 and to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $84,201.00 for Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road for the Base Bid plus Additive Alternate No. 1 and 2 BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE: The purpose of this Agenda Item is to execute the construction contract and testing contract for Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road so work may proceed. BACKGROUND AND FINDINGS: The project consists of the compete removal of an existing rural roadway and construction of approximately 5,205 linear feet of four -lane divided arterial street with concrete sidewalks and associated pavement marking and signage improvements; along with 6,182 linear feet of storm water conduit improvements, 1,603 linear feet of waterline improvements, street lighting improvements, landscape and irrigation improvements, and temporary traffic control. Additive Alternate No. 1 consists of installing PVC electrical conduit for future Municipal Information System lines. (MIS). Additive Alternate No. 2 consists of constructing concrete pavement pads and pedestrian landing for Regional Transportation Authority (RTA) bus stops. Additive Alternate No. 2 is pending RTA participation in project. Adjacent to the subject project is the pending project for improvements at the Yorktown Boulevard and Rodd Field Road intersection. The intersection will be designed and constructed separate from the subject project. On February 20, 2013, the City received proposals from three bidders. The bidders and their respective bids for the Base Bid plus Additive Alternate No. 1 and 2 are as follows: Contractor Base Bid Additive Additive Base Bid Plus Alternate No. 1 Alternate No. 2 Additive Alternate No. 1 & 2 Bay Ltd. Corpus Christi, Texas $6,300,162.00 $52,957.00 $20,650.00 $6,373,769.00 Haas - Anderson Construction, Ltd. $6,965,117.95 $44,597.50 $36,433.00 $7,046,148.45 Corpus Christi, Texas Salinas Construction Technologies, Ltd. $7,674,499.53 $36,504.37 $48,980.80 $7,759,984.70 Pleasanton, Texas ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's Engineer, Freese and Nichols, Inc., conducted a bid analysis of the three proposals submitted to the City. The lowest bidder based on the Total Base Bid plus Additive Alternate No. 1 and 2 is Bay, Ltd. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Bay, Ltd. has the experience and resources to complete the project. This project is of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2012 -2013 Street Capital Improvement Planning (CIP) Budget EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Storm Water Department Water Department MIS Department FINANCIAL IMPACT: ®Operating ❑ Revenue ®Capital ❑ Not applicable Fund(s): Street Bond Issue 2012 and Utilities CIP, Bond Issue 2008, MIS Operating Comments: This project requires approximately 425 calendar days with anticipated completion July 2014. The construction contract will result in the expenditure of an amount not to exceed $6,373,769.00. This amount will be funded over two years, with FY 13 funding in the amount of $4,340,329.05 and FY14 funding will be required in the amount of $2,033,439.95 to complete the construction contract. RECOMMENDATION: City Staff recommends approval of the motion for the construction contract with Bay, Ltd. and the testing contract with Rock Engineering & Testing Laboratory, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Construction Materials Testing Contract Project to Fiscal Year (2012 -2013) Date Current Year Future Years TOTALS Expenditures (CIP only) Line Item Budget $675,100.00 $4,521,900.00 $3,965,000.00 $9,162,000.00 Bond 2012 (Street Lighting) $94,680.00 $94,680.00 Bond 2008 $275,000.00 $275,000.00 MIS Operating $52,957.00 $52,957.00 Encumbered / Expended Amount $675,100.00 $675,100.00 This Item (Construction) $4,340,329.05 $2,033,439.95 $6,373,769.00 This Item (Testing) $84,201.00 $84,201.00 Future Anticipated Expenditures This Project $520,006.95 $1,108,895.05 $1,628,902.00 BALANCE $0.00 $0.00 $822,665.00 $822,665.00 Fund(s): Street Bond Issue 2012 and Utilities CIP, Bond Issue 2008, MIS Operating Comments: This project requires approximately 425 calendar days with anticipated completion July 2014. The construction contract will result in the expenditure of an amount not to exceed $6,373,769.00. This amount will be funded over two years, with FY 13 funding in the amount of $4,340,329.05 and FY14 funding will be required in the amount of $2,033,439.95 to complete the construction contract. RECOMMENDATION: City Staff recommends approval of the motion for the construction contract with Bay, Ltd. and the testing contract with Rock Engineering & Testing Laboratory, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Construction Materials Testing Contract PROJECT BUDGET ESTIMATE Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road Bond Issue 2012 PROJECT FUNDS AVAILABLE: BondIssue 2004 ........................................................ ............................... BondIssue 2008 ........................................................ ............................... Bond Issue 2012 (Street Lighting Improvements) .............. ............................... BondIssue 2012 ........................................................ ............................... Water C I P ........................................ ............................... 687, 900.00 Stormwater C I P ................................. ............................... 3,186, 800.00 Wastewater CIP ................................ ............................... 812,200.00 MIS Operating ................................... ............................... 52,957.00 TotalUtilities ............................................................. ............................... PROJECTTOTAL ..................................................... ............................... . FUNDS REQUIRED: $675,100.00 275, 000.00 94, 680.00 3, 800, 000.00 $4,739,857.00 $9,584,637.00 Construction (Bay, Ltd.) ............................................... ............................... $6,373,769.00 Contingencies ( 10%) ................................................... ............................... 637,376.00 Consultant Fees: Engineer (Freese and Nichols, Inc.)* .............................. ............................... 670,063.00 Geotechnical Testing (Rock Engineering) ........................ ............................... 18,100.00 Construction Materials Testing (Rock Engineering) ........... ............................... 84,201.00 Reimbursements Contract Administration (Contract Preparation /Award/ Admin ) ............................. 143,769.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) .. ............................... 766,771.00 Finance.................................................................... ............................... 47,923.00 Misc. (Printing, Advertising, etc.) .................................... ............................... 20,000.00 TOTAL ..................................................................... ............................... $8,761,972.00 ESTIMATED PROJECT BUDGET BALANCE ................. ............................... $822,665.00 *Contract awarded to proceed with Phase 2 on August 17, 2010 to Freese and Nichols, Inc. by Motion M2010 -189. Construction Observation Services are not included in Contract. YORKTOWN BOULEVARD PHASE 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FROM CIMARRON TO RODD FIELD ROAD DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 — — AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAS"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Yorktown Boulevard Phase 2 from Cimarron Boulevard to Redd Field Road BOND ISSUE 2012 (Pp ect No. E10100) ("PROJECT"). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit N' and the Terms and Conditions to AGREEMENT attached as "Exhibit B", 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $84,201.00 (Eighty Four Thousand Two Hundred One Dollars and Zero Cents). 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in "Exhibit C". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. [01 RIN: 1 V III I Oscar R. Martinez, (Date) Assistant City Manager Daniel Biles, P.E. (Date) Director of Engineering Services Office of Management (Date) and Budget Project No. E10100 r " " 11 r, Fund Source No. 550920-3549-00000-E10100 Fund Name Street 2013 GO CIP (Bond 2012) , Encumbrance No. K-IENGINEERING DATAEXCHANGEIVELMAP\STREE-nE101OO YORKTOWN PH 2 FROM GWARRON TO RODD FIELDUESUNG\CONSTRUCTION MATERIALS TESTING ROCK ENGINEERING.DOC X•�� City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78401 F&A- I I AT 1way .T • GEOTECHNICAL ENGINEERING • CONSTRUCTION MATERIALS ENGINEERING & TESTING • SOILS *ASPHALT a CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED Yorktown Boulevard Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.: E10100 Corpus Christi, Texas RETIL Proposal Number: P022113A X C! Rock Engineering and Testing Laboratory, Inc. (RETL) JBPE Firm No. 2101) is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget for the Base Bid is $83,911.00; there is no testing required for Add. a and Add. Alt. No.; #2 is an additional $290.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of $31.00 per hour. RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Sandra Kirk Project Estimator ROCK ENGINEERING & TESTING LABORATORY, INC. 6817 LEOPARD STREET * CORPUS CHRISTI, TEXAS, 78409 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 - www.rocktesting.com EXHIBIT I Pa 2e 1 of 7 Date: February 27, 2013 Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.: E10100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi PARKING & PAVE $57.00 Subgrade 2 Description: 12" Compact Subgrade Square Yardage: 39,723 Proctor Type: Standard Test Frequency: Per 200 LF Lane/Lift Paving Section $321.00 Base 2 Description: 10" Crushed Limestone Flexible Base Square Yardage: 39,723 Proctor Type: Modified Test Frequency: Per 200 LF Lane/Lift Additional Test: Atterberg Limits and Gradation Additional Test: LA Abrasion Loss Additional Test: Wet Ball Mill Test HMAC $616.00 Description: 5" HMAC Pavement (Type B) Base Course Square Yardage: 39,723 Tonage: 9,216 Full Series Freq.: 1 every 500 Tons Cored in Place Freq.: 1 every 1,000 LF of Street HMAC Description: 2" HMAC Pavement (Type D) Base Course Square Yardage: 39,723 Tonage: 4,370 Full Series Freq.: 1 every 500 Tons Cored in Place Freq.: 1 every 1,000 LF of Street Driveway Description: 6" Concrete Driveway Square Footage: 11,965 Density Frequency: 2 per Driveway Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: ]set every 2,500 SF STORM WATER DRAINAGE IMPROVEMENTS Initial Backfill Proctor Type: Standard Final Backfill Proctor Type: Standard Additional Test: Atterberg Limits and Gradation Stormwater Line Description: 18" Dia. - 72" Dia. RCP Line Length (LF): 5,664 Test Frequency: 1 every 200 LF per 12" Interval Number of Lifts: 5 EXHIBIT "A" Page 2 of Test Quantity Unit Fee Fee Sample Charge $57.00 $57.00 1 $215.00 $215.00 115 $44.00 $5,060.00 Sample Charge $57.00 $114.00 2 $253.00 $506.00 115 $44.00 $5,060.00 2 $188.00 $376.00 2 $321.00 $642.00 2 $321.00 $642.00 Sample Charge $57.00 $1,083.00 19 $616.00 $11,704.00 5 $99.00 $495.00 Sample Charge $57.00 $513.00 9 $616.00 $5,544.00 5 $99.00 $495.00 10 $44.00 $440.00 5 $176.00 $880.00 Sample Charge $57.00 $57.00 1 $215.00 $215.00 Sample Charge $57.00 $57.00 1 $215.00 $215.00 1 $188.00 $188.00 145 $44.00 $6,380.00 Date: February 27, 2013 Pro ject Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.: E10100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi EXHIBIT "A" Page 3 of 7 Test Ouantity, Unit Fee Fee Culvert Description: Precast Concrete Box Culvert Box Length (LF): 502 12 $44.00 $528.00 Test Frequency: 1 every 200 LF per 12" Interval Number of Lifts: 4 Inlets Number of Inlets: 37 Set Size: Concrete Cylinders (set of 4) 7 $176.00 $1,232.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set every 6 items Manholes Number of Manholes: 19 Set Size: Concrete Cylinders (set of 4) 10 $176.00 $1,760.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set every 3 items Junction Box 1 set every 2 items Number of Junction Box: 1 Set Size: Concrete Cylinders (set of 4) 1 $176.00 $176.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set Bar Ditches Description: Backfill Existing Bar Ditches Linear Footage: 7,946 80 $44.00 $3,520.00 Density Frequency: I every 200 LF per 12" Interval Number of Lifts: 2 Rip Rap Description: 5" Concrete Riprap Square Footage: 450 Set Size: Concrete Cylinders (set of 4) 1 $176.00 $176.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set Head Wall Description: Modify Existing Head Wall at Bear Creek Set Size: Concrete Cylinders (set of 4) 1 $176.00 $176.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set Curb and Gutter Description: 6" Concrete Curb & Gutter (Catch Curb) Linear Footage: 9,500 Density Frequency: 1 every 200 LF (Under & Behind Curb) 96 $44.00 $4,224.00 Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days 19 $176.00 $3,344.00 Test Frequency: 1 every 500 LF EXHIBIT "A" Page 3 of 7 Date: February 27, 2013 Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.: E10100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi Curb and Gutter Description: 6" Concrete Curb & Gutter (Reverse & Header Curb) Linear Footage: 9,225 Density Frequency: 1 every 200 LF (Under & Behind Curb) 94 Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days 19 Test Frequency: 1 every 500 LF Sidewalk Description: Replace Concrete Sidewalk Square Footage: 100 Density Frequency: 1 per 5,000 SF at Subgrade 1 Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days 1 Test Frequency: 1 every 500 LF WATER DISTRIBUTION IMPROVEMENTS Initial Backfill Proctor Type: Standard (Same as Storm Water Drainage Improvements Final Backfill Unit Fee Fee $44.00 $4,136.00 $176.00 $3,344.00 $44.00 $44.00 $176.00 $176.00 Proctor Type: Standard (Same as Storm Water Drainage Improvements Additional Test: Atterberg Limits and Gradation (Same as Storm Water Drainage Improvements) Water Line Description: Line Length (LF): Test Frequency: Number of Lifts: Fire Hydrants Number of Fire Hydrants: Set Size: Test Schedule: Test Frequency: BILL WITT PARK ENTRANCE Subgrade Description: Square Yardage: Proctor Type: Test Frequency: Paving Section Base Description: Square Yardage: Proctor Type: Test Frequency: Additional Test: Additional Test: 6 ", 8" & 12" Water Line 1,871 I every 200 LF per 12" Interval 30 $44.00 $1,320.00 3 1 every 200 LF 6 Concrete Cylinders (set of 4) 2 $176.00 $352.00 1 @7 days &3 @28 days 1 set every 3 items 12" Compact Subgrade Sample Charge $57.00 $57.00 788 Standard 1 $215.00 $215.00 Per 200 LF Lane/Lift 3 $44.00 $132.00 6" & 8" Crushed Limestone Flexible Base 788 Modified Per 200 LF Lane/Lift Atterberg Limits and Gradation LA Abrasion Loss EXHIBIT "A" Page 4 of 7 Sample Charge 1 3 1 1 $57.00 $253.00 $44.00 $188.00 $321.00 $57.00 $253.00 $132.00 $188.00 $321.00 Date: February 27, 2013 Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.: E10100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi EXHIBIT "A" Page 5 of 7 Test Quantity Unit Fee Fee HMAC Description: 2" HMAC Pavement Sample Charge $57.00 $57.00 Square Yardage: 381 Tonage: 42 Full Series Freq.: 1 every 500 Tons 1 $616.00 $616.00 Cored in Place Freq.: 1 every 1,000 LF of Street 1 $99.00 $99.00 Concrete Description: 6" Concrete Pavement Cubic Yards: 22 Set Size: Concrete Beams (set of 4) 2 $272.00 $544.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set per Day's Pour Additional Test: Air Content 2 $15.00 $30.00 Curb and Gutter Description: 6" Concrete Header Curb Linear Footage: 140 2 $44.00 $88.00 Density Frequency: 1 every 200 LF (Under & Behind Curb) Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days 1 $176.00 $176.00 Test Frequency: 1 every 500 LF ADA PEDESTRAIN IMPROVEMENTS Sidewalk Description: 4" Concrete Sidewalk Square Footage: 43,555 Density Frequency: 1 per 5,000 SF at Subgrade 9 $44.00 $396.00 Concrete Set Size: Concrete Cylinders (set of 4) 11 $176.00 $1,936.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: I set every 4,000 SF Ramp Description: Concrete Curb Ramp Square Footage: 585 Set Size: Concrete Cylinders (set of 4) 1 $176.00 $176.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Test Frequency: 1 set every 4,000 SF Curb and Gutter Description: Concrete Sidewalk Retaining Curb (18" Max. Height) Linear Footage: 300 Density Frequency: I every 200 LF (Under & Behind Curb) 4 $44.00 $176.00 Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @7 days & 3 @ 28 days 1 $176.00 $176.00 Test Frequency: 1 every 500 LF EXHIBIT "A" Page 5 of 7 Date: February 27, 2013 Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.. E10100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi Test Ouantity Unit Fee Fee STREET LIGHTING IMPROVEMENTS (NO TESTING REQUIRED) CYLINDER PICK -UP FEES 45 $43.00 $1,935.00 TRANSPORTATION FEES Location: Corpus Christi, Texas 236 $45.00 $10,620.00 ADMINISTRATION FEES (1 Time Fee Per Project) 1 $85.00 $85.00 ESTIMATED TOTAL $83,911.00 "This is only an estimate. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on -site but not performing testing activities. EXHIBIT "A" Page 6 of 7 Date: February 27, 2013 Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.: E10100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi 'rest Quantity Unit Fee Fee ADDITIVE ALTERNATE NO. 1 -ELECTRICAL CONDUIT FOR FUTURE M.I.S. (NO TESTING REQUIRED) ADDITIVE ALTERNATE NO. 2 - RTA BUS STOP PADS Paving Section Base Description., 10" Crushed Limestone Flexible Base Square Yardage: 200 Proctor Type: Modified (Same as Street Improvements) Test Frequency: Per 200 LF Lane/Lift 3 $44.00 -$132.00 Additional Test: Atterberg Limits and Gradation (Same as Street Improvements) Additional Test: LA Abrasion Loss (Same as Street Improvements) Base Description: 7" Crushed Limestone Flexible Base Square Yardage: 788 Proctor Type: Modified (Same as Street Improvements) Test Frequency: Per 200 LF Lane/Lift 3 $44.00 S132.00 Additional Test: Atterberg Limits and Gradation (Same as Street Improvements) Additional Test: LA Abrasion Loss (Same as Street Improvements) FIMAC Description: 2'* & 5" HMAC Pavement (Not Required) Sample Charge $57.00 557,00 Square Yardage: 381 Tonage: 42 Full Series Freq.: I every 500 'Eons 1 $616.00 -$616.00 Cored in Place Freq.: I every 1,000 LF of Street 1 $99.00 $99.00 Concrete Description.- 9" Concrete Pavement Cubic Yards: 40 Set Size: Concrete Beams (set of 4) 1 $27100 $272.00 Test Schedule: 11 7 days & 3 @1 28 days Test Frequency: I set every 50 CY Additional Test: Air Content 1 $15.00 $15.00 Sidewalk Description: 4" Concrete Sidewalk (Not Required) Square Footage: 300 Set Size: Concrete Cylinders (set of 4) 1 $176.00 $176.00 Test Schedule: I ni_i 7 days & 3 (t_—v 28 days Test Frequency: I set every 4,000 SF Landing Description: 5" Concrete Landing Square Footage: 600 Set Size: Concrete Beams (set ol'4) 1 $272.00 $272.00 Test Schedule: I 0a 7 days & 3 @1 28 days Test Frequency: I set every 4,000 SF Additional Test: Air Content 1 $15.00 $15.00 TOTAL ADDITIVE ALTERNATE NO.2 S290.00 7 IBIT 'W' 1 Page 7 of 7 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested, by "CITY ENGINEER" that, in the opinion of "LAB ", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB ". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "n3" Page 1 of 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for EXHIBIT "B" Page 2 of 3 compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLES. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT "B" Page 3 of 3 Exhibit "C" Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "C" Page 1 of I SUPPLIER NUMBER TO BE ASSIGNED 1AV_Crry__ 01visto,", GIN, of CITY OF CORPUS CHRISTI Wpm DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, its aniended, rejuires all persons or finussecking to do business with the City to rovide the following infonuation. Every tiestion must be answered. If tile question is not - applicable, answer with'NA". See reverse sine for Filikg, Requirements. Certifications and definitions. COMPANY NAME: Rock FAigincering & T"i ing Laboratory. Inc. STREETADDRESS: 6817 Leopard Street IT Corpus Chrisu ZIP: 79409 FIRM IS 1. Corporation, 2. Partnership 3. Soli: Ow ner El 4. Association S. Other 0 D]SCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa e or attach separate sheet. 1. State the names of each "c'niplayee" of the City of Corpus CITIrisii havinP, an --ownership interest" constituting 31% or more of the ownership in the above named "firin.' Job Title and City Department (if hilown) 2. State the names ofeach *"official'* ofthu City of Corpus Christi having an -ownership interest" constituting 3% or more of the ownership in ilic above named-firm." Name Thic ..I, State the names of" each -board nicinber' of" the City 0fC0rpLJS Christi having an -ownership, interest- consihming 3% or more of the ownership ia� the above named -firm.- Name Board. Commission or Pack Committee 4. State the names of each employee or officer of as "consultont" for the City of Corpus Chri5ii who worked on any matter related to the su�jccl of this contract and 'has an -ownership interest" con s t i w I ing 3% or more of the ownership in the above named -firm." Name consultaill FILING I ire person who requests official action on a economic benefit on any City official or ems action will have on members of the public ii disclose that fact in a signed writing to the C requested to act in the matter, unless the inu apparalL The disclosure shall also be made [ ihics Ordinance Section 2 -349 (d)] flay knows that the requested action will confer an yee that is distinguishable from the effect that the .neml or a substantial segment thereof, you shall official, emplo or body that has been t of the City, ot�c "cal or employee In the matter is a signed wi ting filed with the City Secretary. 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 ret u sted; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Cu ,rk 15 P� . POCK Tide: bPWQ1ft%4 wf� MM44 (Type ar Prim) Signature of Certifying LULVOCL ` Date: ' _ DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service. including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official:' The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads. and Municipal Court Judges of the City of Corpus Christi, Texas. E "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. �a �I 7� v 0 7 STMI �z ado 0 0 PC$ c� O pt w O 0 pt c� a� 0 O V . O a� a� V O U O N V O V V 4� �O P� q-R N" o u { y � X U u 3 F07 ca O a� LL N OD 0 S O O m m ?� O O i ca L E CU cv U w � a� U Yd O V V 4� �O P� q-R N" o u { y � X U u 3 F07 ca O a� LL N OD 0 S O O m m ?� O O i ca L E CU cv Q/ n� V V O 5 a CL a a� 0 a z U 0 Q w a a CL a m 2 L. i L t� p O U C: O w � U C: O 22 a� N o= U to Q/ n� V V O 5 a CL a a� 0 a z U 0 Q w a a CL a m 2 L. Q, E V f Vl X u 3 c i' co i L t� p O U C: O O U U C: O 22 N C ocn L � •U U O UCL U 4 •� V i Co U� S _M N O � � N U U ( 75; (L) }' N 4 _N U >, 0 N •O � � .C: Q, E V f Vl X u 3 c i' co O U V 4� �O n� 1� 0 0000 00 U O w 0 � 0 a� o= 0 U to O U V 4� �O n� 1� 0 0000 00 O O 0 0 0 0 0 0 0 0 0 00 00 0 0 0 0 0 0 0 0 O O O O I- ti O O co O co N >� O O 00 O N LO C7 CO r- CO O, Iq tiLO � O CO O! 00 (D ti C7 O � CO O L L6 V O O V7 C7 r- O C+ 00 �- N �' O ti � ( � 0) • L LL : O O CO N 0°0 C~7 U O co : W W � �• O O C6 (6 C6 619 C7 O O m O O 0 0 :°O°° Zo O O O O 7 :000� (U C) O O O LO O 00 N O I- O N N O, 70 CO CO � LO N N CO � CO L 70 C6 LL D �' U O O �. O CN N L r : U (.5 P) _ J' 1 m N i N �. N Z U', QI O -0 O Cl) (n W J c 7 .� O Oro � o o, o o, a U CP 0 � m; a L, o LL N N N N O O L (� D ?> ~ a ( N~ O D U N W° CN U in in in in (6 N Z_ U U N m L L H U W to to to to U Q W N � N U D J CQ c6 O c6 O z ��� o .E H - O O O O (6 O (6 0 0 0 0 cl N N p N U O IL ! m m ' m co C/) 0- LL U U U ' w (D 0� w , * ' 2� Kii (n U O O O O � J N 0 O> : : Q J N N IM * � � • • L LL : O O W U U O O_ : : W W � �• O O C7 O O m O O 0 0 Kii DATE: February 25, 2012 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services County Road 52 Extension (CR 69 to FM 1889) Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $241,692.50, for County Road 52 Extension (CR 69 to FM 1889), for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Naismith Engineering, Inc. for County Road 52 Extension (CR 69 to FM 1889). BACKGROUND AND FINDINGS: This Project includes extending County Road (CR) 52 from CR 69 to FM 1889. This roadway will be designed as a rural roadway section, matching the existing CR 52 roadway section from CR 69 to US 77 which is one travel lane in each direction with a continuous left turn lane. The City is currently negotiating an agreement with Nueces County which includes a 50/50 participation in the cost of all Design, Land Acquisition and Construction of the Extension of County Road 52 including street and storm water costs but excluding gas and sanitary sewer costs. The agreement will allow the City to request reimbursements as the project progresses so the County can contribute funds to the project in phases. The County will be involved in review and approval during design, construction award, and any necessary change order execution. Naismith Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012- 03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES: 1. Execute the Contract for Professional Services with Naismith Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with Naismith Engineering, Inc. as proposed. OTHER CONSIDERATIONS: C:\ USERS \R EBECCAH \APPDATA \ROAMING \L5 \TEMP \802D1 F84-0444-4C33-A381-4751021 D7AC5. DOCX This project is one of the Bond Issue 2012 Proposition No. 8 Economic Development Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Naismith Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Storm Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,574,000.00 $2,826,000.00 $4,400,000.00 Encumbered /Expended Amount This item $241,692.50 $0.00 $241,692.50 Future Anticipated $1,332,307.50 $2,337,692.50 $3,670,000.00 Expenditures This Project BALANCE $0.00 $488,307.50 $488,307.50 Fund(s): Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $241,692.50. Nueces County is participating with a 50/50 match towards Streets and Storm Water. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Naismith Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract C:\ USERS \R EBECCAH \APPDATA \ROAMING \L5 \TEMP \802D1 F84-0444-4C33-A381-4751021 D7AC5. DOCX \ Mproject\ councilexhibits \ exhE 12136. dwg County Roast 52 Extension (CR 69 to EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FM 1889) DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 PROJECT BUDGET ESTIMATE County Road 52 Extension - CR 69 to FM 1889 E12136 Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond2012* ......................................................................... ............................... NuecesCounty** .................................................................. ............................... Utilities............................................................................... ............................... Project Total FUNDS REQUIRED: Construction (preliminary estimate) .......................................... ............................... Contingency( 10%) ................................................................ ............................... Land Acquisition (NEC and other parcels based on $45,000 /ac plus improvements) Design Fees. Engineer (Naismith Engineering) .............................................. ............................... Geotechnical( TBD) ............................................................... ............................... Materials Testing ( TBD) .......................................................... ............................... Reimbursements $ 1,500,000.00 2,200,000.00 700,000.00 4,400,000.00 1,760,000.00 176,000.00 1,105,000.00 241,692.50 35,000.00 88,000.00 Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 132,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 308,000.00 Finance............................................................................... ............................... 44,000.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 22,000.00 TOTAL ............................................................................... ............................... 3,911,692.50 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 488,307.50 * BOND 2012 voter approved amount + $1,500,000 (based on an anticipated cost estimate). The current preliminary cost estimate is significantly lower than anticipated due to existing improvements but is subject to change during the design process as a result of investigation of existing conditions. ** Nueces County has passed a resolution for a contribution amount of $1,250,000 toward this project. The City and County are currently negotiating an interlocal agreement for a 50/50 participating contribution of funding. F--+ 1 1 4 �i PORWI �imi ii 4� N V O U � N co 0 E t; O cq r�l N � 22 ct v c Q � no U � N � O • �-1 cn � O U � w � � C) ct G� U • " .O •O � awct co ni d o � � o CL o �CL co>a3•Ci E 8..2.2 r d •- a 00 CL �o N a� 0 N u 0 0 x o d N W) tC 'K o Q N +a O 'a 0 O E E � N O L N O t0/! m O i V r_ w O O „m .E O O L O N y L 'O C 0 i 0 6 lC W) a N y O O vi O m 7 ch ++ v 0 O }' N 0 0 0 L N M'N�-0a �.Nac� CL QEwNU C =��aa L 00'��� >u�o� C-4 �, 'a V 0 d U N O N Ec2 w 0 d u z 0 L i CL O arc U w 0 O O O O O O O 0 0 0 0 0 0 v e� O O {f} O �I �I A � .-, W Z W •� y * c .P 1••1 d o � � o CL o �CL co>a3•Ci E 8..2.2 r d •- a 00 CL �o N a� 0 N u 0 0 x o d N W) tC 'K o Q N +a O 'a 0 O E E � N O L N O t0/! m O i V r_ w O O „m .E O O L O N y L 'O C 0 i 0 6 lC W) a N y O O vi O m 7 ch ++ v 0 O }' N 0 0 0 L N M'N�-0a �.Nac� CL QEwNU C =��aa L 00'��� >u�o� C-4 �, 'a V 0 d U N O N Ec2 w 0 d u z 0 L i CL O arc U w 0 , CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 'Y 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 Naismith Engineering Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas 78411, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT County Road 52 Extension from CR 69 to FM1889 (Project No. E12136) BOND ISSUE 2012— This project includes extending County Road (CR) 52 from CR 69 to FM 1889. This roadway will be designed as a rural roadway section, matching the existing roadway section CR 69 to US 77. The Street and Storm water portion of the project will be a Nueces County 50150 match. 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-11", 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 K:4ENGINEERING DATAEXCHANGEIANGIEMISTREEnE12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 18MI CONTRACT PROFESSIONAL SERVICES. DOC 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 $241,692.50, (Two Hundred Forty One Thousand Six Hundred Ninety Two Dollars and Fifty 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.) 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 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. Contract for Engineering (AIE) Services Page 2 of 3 K kENGINEERING DATAEXCHANGESANGIEMISTREE T1E12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 188911 CONTRACT PROFESSIONAL SERVICES.DOC 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be' the sole property of the City, may not be used again by the AIE 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 AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED 3 Daniel Biles, P. E., Da e Director of Engineering Services APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary M IlNE RING, INC. AI &J 20 3 G nt J cks n, P. E. to Vice Presiden 4501 Gollihar Road Corpus Christi, TX.78411 (361) 814 -9900 Office (361) 814 -4401 Fax ENTERED..GX'" FEB 2 6 2013 CONTRACT MANAGERS Countv Road 52 Extension from CR 69 to FM 1889 Pro'ect No. E12136 Department Fund Source No. Amount Street CIP Bond Issue 2012 550950- 3549 - 00000- E12136 $151,658.25 Storm Water CIP Bond Issue 2012 550950- 3496- 00000- E12136 90,034.25 Total $241,692.50 Encumbrance No. Contract for Engineering (AIE) Services Page 3 of 3 K:IENGINEERING DATAEXCHANGE IANGIEMISTREEME12136 COUNTY ROAD 52 EXTENSION CR 69 TO PM 188911 CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS County Road 52 Extension — CR 69 to FM 1889 Project No. E12136, Bond 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Arch itect/Engi neer-AIE (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems.. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- EXHIBIT "A" Page 1 of 9 Revised February 11, 2013 K lEngineering DetaExchangeXANGIEMYSTREET1E12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 1869AEXHIBIT A LARGE AE REVISED Feb 11 2013.doe t way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and. analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnicai issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. p) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City- appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. 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) A copy of existing studies and plans. (As available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GiS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. EXHIBIT "A" Page 2 of 9 Revised February 11, 2013 KAEngineering DalaExchange lANGIEMISTREET1E12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 18891EXHIBIT A LARGE AE REVISED Feb 11 2013.doc d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summa " which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. Pfevide one (1) set of pro-final plans and bid deruments 0 submittal eleotreni and full size haFd G00*96 1616*1519 Gity Standards ar, appliGable) to the City staff fe h) Hold Prejent 90% Feyie w meeting. Prepare meeting agenda and distdb t meeting meetings to attendees within five WGFking days of the meeting. Asrs,4*kiteiWreview i and advise City of responding and nQR respending partiGipants as r upon i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. 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 priorto re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, , 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. Additional revisions or design submittals are required and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. EXHIBIT "A" Page 3 of 9 Revised February 11, 2013 KAEngineering DataExchangelANGIEMISTREE T1E12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 16691EXHIBIT A LARGE AE REVISED Feb 11 2013.doe b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a) Participate in the pre -bid conference and provide a meeting 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 necessaryto inform contractors of approved changes priorto bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. 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 AIE) 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 Administration Phase. The AIE 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, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; 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. EXHIBIT "A" Page 4 of 9 Revised February 11, 2013 K: Engineedng DataExch9nge %ANGIEMI8TREET1E12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 18891EXHIBIT A LARGE AE REVISED Feb 11 2013.doc g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD. drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization 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 shall, with written authorization by the Director of Engineering Services, perform the following: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: d. TxDOT utility and environmental permits, multiple use agreements e. NPDES Permit/Amendments (including SSC, NOI NOT) f. 2. Right -of -Way (ROW) Acauisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. EXHIBIT "A" Page 5 of 9 Revised February 11, 2013 K:l7 ngineering OalaExchangolANGIEMISTREE RE12136 COUNTY ROAD 52 EXTENSION OR 69 TO FM 16891EXHIBIT A LARGE AE REVISED Feb 11 2013.doo 3. Topographic Survey and Parcel Descriptions 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 Surveyor$' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. AIE shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface EXHIBIT "A" Page 6 of 9 Revised February 11, 2013 K:1Engineering DataExcbangelANGIEMISTREEnE12136 COUNTY ROAD 62 EXTENSION CR 69 TO FM MMEXHIBIT A LARGE AE REVISED Feb 11 2013.doc Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine -the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) by the AJE. The City of Gerpus Christ' Gas Depadment will PFGV!de Quaky Level A. The A49 Will G00Fd_iAat9_4hi6 84-Vity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 9. Review of Design for Section Between CR 69 and Irrigation Canal (Authorized) 1) Verify geometry of constructed roadway (emphasis that the intersection at CR 69 aligns correctly). 2) Review pavement sections constructed and verify it confirms to the City's target design for a 30 year pavement section. 10. Stormwater Hydrology /Hydraulic Study — Offsite (Authorized) The alignment of C.R. 52 is within an area which has historically been prone to localized flooding. In addition, the Nueces County Drainage Master plan identifies two large swales which would impact the drainage patterns associated with the new roadway. In 2012 an existing section of private roadway and drainage swales was constructed by NEC along a portion of the proposed improvements. It is unclear whether a detailed drainage assessment was completed for the existing roadway drainage. Furthermore an existing elevated raw water canal is located in the vicinity of the new roadway. The canal is owned by the Nueces County Water Control and Improvement District #3. In order to insure that all drainage concerns are evaluated and addressed, NEI will complete a study to include the items outlined below. 1) Prepare a Hydrologic /Hydraulic study of the existing basin and drainage system. The assessment will include drainage which impacts the existing section of Roadway constructed by NEC. 2) Evaluate the County's Master Plan and verify that all improvements are in compliance or do not impact the intent of the plan. 3) Evaluate the City's Master plan and verify that all improvements are in compliance or do not impact the intent of the plan 4) NEI will coordinate the assessment with other agencies impacted including Nueces County, TxDOT and the Nueces County Water Control and Improvements District #3. 5) Develop recommendations for drainage improvements. Improvements will include work within the existing new R.O.W, and potentially off -site drainage improvements. NEI will prepare and issue a report outlining the findings of the assessment. .EXHIBIT "A" Page 7 of 9 Revised February 11, 2013 K:1Engineering DalaExchangeVANGIEMISTREE- RE12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 168MEXHIBIT A LARGE AE REVISED Feb 11 2013.doo 11. Geotechnical Engineering — Pavement Section Analysis (Authorized) 1) Identify service conditions and life -cycle projections for proposed design. 2) Review copy of geotechnical report and supporting data, and identify preliminary alternative pavement design sections. 3) Prepare conceptual life -cycle analysis and estimates for each pavement section. 4) Develop recommended pavement sections. 5) Develop matrix evaluation criteria to Include in the bid documents to assist the City during the Contractor selection process. 12. 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 underthe 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. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1 "Task List does not supersede Exhibit "A ". II. SCHEDULE Day Date Activity Tuesday March 26, 2013 Engineering Contract Executed Monday June 3, 2013 Draft Engineering Letter Report 301/6 Submittal Monday June 17, 2013 Meet with City/County City/County Staff to go over Draft ELR Monday July 1, 2013 Final Engineering Letter Report 1001/o Submittal Friday July 19, 2013 Present ELR to City Appointed Committee Monda July 22, 2013 Receive Authorization to begin Dft i n Monday January 27, 2014 60% Interim Plan /Bid Document Submittal Monday February 10, 2014 Meet with City /Council Staff to go over 60% Interim Submittal Monday March 3, 2014 100% Final Plan /Bid Document Submittal Monday March 17, 2014 Meet with City Staff to go over 100% Final Submittal Monday March 31, 2014 Submit Sealed Plan /Bid Documents for Bidding Sunday Aril 6 and 13", 2014 Advertise for Bids Tuesday Aril 22, 2014 Pre -Bid Meeting Wednesday Aril 30, 2014 Receive Bids Tuesday June 3, 2014 Contract Award Monday June 27, 2014 Pre- Construction Meeting and Issue Notice to Proceed Monday July 7, 2014 Begin Construction Friday December 11, 2015 End Construction EXHIBIT "A" Page 8 of 9 Revised February 11, 2013 K:1Engineering DalaExchango ANGIEMISTREE*nE12 136 COUNTY ROAD 52 EXTENSION CR 69 TO FM'IBMEXHIBIT A LARGE AE REVISED Feb 11 2013.doc III. FEES A. Fee for Basic Services. The City will pay the AIE 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. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. 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 with City's 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 total of services actually completed at that portion 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: Summary of Fees Basic Services l=ees 1. Preliminary Phase $13,205.00 2. Design Phase $112,837.50 3. Bid Phase $8,690.00 4. Construction Administration Phase $23,960.00 Subtotal Basic Services Fees $158,692.50 Additional Services Fees (Allowance) 1. Total Permits $ 5,295.00 2. ROW Acquisition Survey $4,000.00 3. Topographic Survey and Parcel Descriptions $8,000.00 4. Environmental Issues $2,500.00 5. Public involvement $6,280.00 6. Subsurface Utility Investigation $20,000.00 7. Construction Observation Services $0.00 8. Start -up Services $0.00 9. Review of Design for Section between CR 69 and Irrigation Canal $5,000.00 10. Stormwater Hydrology /Hydraulic Study (off -site) $25,000.00 11. Geotechnical Pavement Section Analysis $5,600.00 12. Warranty Phase $1,325.00 Sub -Total Additional Services $83,000.00 Total Authorized Fee $241,692.50 EXHIBIT "A" Page 9 of 9 Revised February 11, 2013 KAEngineering Da taExchangeVINGIEMISTREEnE12136 COUNTY ROAD 52 EXTENSION OR 69 TO FM 188MEXHIBIT A LARGE AE REVISED Feb 11 2013.doe EXHIBIT A -1 (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI County Road 52 Extension — County Road 69 to FM 1880 (COCC Project No. E12136) TASK LIST A. Basic Services 1) Project Limits are from County Road 69 to FM 1889. The following are guidelines and the direction given for addressing the proposed improvements as they relate to the new roadway construction and city utilities on this project: A. STREETS Provide services per Exhibit A. • The roadway will be designed as a rural roadway section, matching the existing roadway section from County Road 69 to US 77. • This section consists of a 100 foot right of way, 38 foot paved asphalt section (12 foot lanes with 14 foot continuous left turn lane), and roadside ditches. • The pavement section from CR 69 to US 77 is typically 4 inches of Type D HMAC, MC -30 Prime Coat, 8 inches of crushed limestone, geogrid, and 12 inches of compacted subgrade. • Connect to existing pavement at the intersections of FM 1889 (east limits of radius return), existing pavement where NEC access driveway terminates approximately 200 feet east from drainage canal, and CR 69 approximately 100 feet west intersection (west limits of radius return). B. STORMWATER Provide services per Exhibit A. • Run drainage models (Storm CAD) to evaluate existing conditions and changes to accommodate developed flows as per current City Drainage Plan. • Confirm outfall configurations and capacities of existing drainage system and verify hydraulic grade lines at 5 and 25 year flood events and C4K 100 year HGL for flooding of adjacent structures.. Current City stormwater standards shall be utilized, defined at the time the EXHIBIT "A -1" Page 1 of 7 Engineering Letter Report is submitted design. If standards change following standards will be addressed. C. WASTEWATER and approval issued by City to start this milestone, a review of the design • Provide corridor alignment for utility line. D. GAS • Provide corridor alignment for utility line. 2) Attend and participate in project meetings as outlined in Exhibit A. Additional planning meetings with City staff /departments (engineering, streets, & stormwater) will be needed to discuss planning and conceptual design. 3) Contact Texas One -call system to locate existing utilities in the field and coordinate with appropriate City operating departments. 4) Perform field investigation (surveys as authorized by Additional Services) as required to define specific areas of demolition and new work, equipment, locations, tie -in point; and other applicable parameters required to complete the letter report, hydrologic /hydraulic analysis and construction drawings. 5) Develop preliminary street cross section based on geotechnical findings, and develop preliminary pavement evaluation and recommendations (one pavement section will be bid). 6) Once the Engineering Contract has been executed, the consultant would like to request any record drawings, record information of existing facilities, utilities, copies of existing studies and plans, traffic counts, and benchmark/coordinates as available from the City pertaining to the project area. 7) Prepare Engineering Letter Report (ELR) and Submit to City for review and approval. (30% Draft and 100% Final submittal) as detailed in Exhibit A. Conceptual life -cycle cost estimate with pavement recommendations (both for flexible and rigid sections) will be submitted as part of the Draft ELR (Listed under Additional Services for Geotechnical Pavement Section Analysis). Fallowing this review the Final ELR will be completed using one selected pavement design; and all plans/ bidding documents will reflect this selected section. 8) Develop construction drawings in English units in ANSI B (11x17) sheets. The plans shall be submitted to the City for review at the following key milestones: (The City shall provide current standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents as listed EXHIBIT "A -1" Page 2 of 7 on Exhibit A). "Note that the 90% review submittal outlined in Exhibit A is eliminated. 60% Submittal for review 100% Submittal for review Final Plans issued for bidding (signed and sealed) 9) Provide scope of geotechnical testing requirements including specific tests needed and data required to the City's Geotechnical Consultant (NEI recommends using Kleinfelder for the geotechnical explorations). - - - - - - 111-Z I r.11q 1.1 11) Prepare powerpoint presentation in City format for City - appointed capital project oversight committee meeting following the 30% Draft ELR submittal. This also includes preparation of agenda, meeting minutes, and memos. 12) Address comments received from the City for the 60 %, and 100% contract drawings and bid documents Submittal. 13) Provide Quality Assurance /Quality Control (QA/QC) review and submit one (1) hard copy and one (1) electronic copy of the 60 %, 100 %, and Final contract drawings and bid documents to the City. 14) Update the Opinion of Probable Costs at the 60% and 100% submittal, and provide comparison to City budget. Submit to the City and provide any revisions EXHIBIT "A -1" Page 3 of 7 or modifications to the project scope if needed. 15) Develop a Construction Phasing and Traffic Control Plan for the selected pavement section to minimize the impact of the construction. 16) Coordinate with electric, communication, private pipeline companies, and other franchise utilities that may have existing facilities that must be relocated to .accommodate the proposed improvements as outlined in Exhibit A. B. Additional Services 1. -TOTAL PERMIT (AUTHORIZED) 1) Furnish to the City all engineering data and documentation necessary for the following governmental permits as needed to complete the project. Construction Stormwater Permit and Texas Department of Transportation Driveway Permit, (submit permits to TCEQ and TxDOT; and coordinate work with Nueces Electric Cooperative, Nueces County Water Control and Improvement District #3, and other Franchise utilities). No other permitting requirements are anticipated. 2) Prepare and submit the listed permit applications and associated fees to the appropriate authorities as required to complete the project. 2. RIGHT -OF -WAY ACQUISITION SURVEY (AUTHORIZED) 1) Establish limits of work area and obtain reference drawings. 2) Research City rights -of -way (ROW), easements and property boundaries. 3) Research adjacent properties and obtain preliminary title reports. 4) Prepare working sketch for right -of -way (ROW) acquisition. 5) Locate and tie -in tract boundaries in the field. 6) Calculate boundaries for right -of -way (ROW) acquisition. 7) Perform CAD design /drafting for final survey plats. S) Provide Quality Assurance /Quality Control (QA/QC) final review for survey plats. 9) Stake boundaries for right -of -way (ROW) to be acquired. 10)This does not include any platting requirements. EXHIBIT "A -1" Page 4 of 7 3. TOPOGRAPHIC SURVEY AND PARCEL DESCRIPTIONS (AUTHORIZED) 1) Research horizontal (NAD 83) and vertical (NAVD 88) controls as described in Exhibit A. 2) Pre -plan control survey. 3) Set control points in the field. Control points shall be set in well protected locations which can be easily located by the contractor during construction. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Locate and tie -in tract boundaries. 8) Locate and tie -in any new R.O.W. boundaries. 9) Write legal descriptions (metes and bounds) for right -of -way (ROW) acquisition, and Provide ROW exhibit for each parcel. 10) Locate and tie -in known utility infrastructure and other miscellaneous structures within known R.O.W.. 11) Download raw survey field data, copy field notes, reduce data and check results. 12)Set baseline control points for construction. 4. ENVIRONMENTAL ISSUES (AUTHORIZED) 1) Request Regulatory Screening Assessment of project area. 2) Review /evaluate findings and provide recommendations to be used in Engineering Letter Report. 5. PUBLIC INVOLVEMENT ALLOWANCE 1) If requested by City, participate with staff at two (2) public meetings as described in Exhibit A. City Staff will lead meeting and provide support; and the Consultant will be required to prepare exhibit boards and handouts to illustrate the scope of the proposed improvements, attend and participate in discussion, and provide minutes of the meetings. EXHIBIT "M " Page 5of7 2) Identify and recommend public outreach and community stakeholder requirements. 6. SUBSURFACE UTILITY EXPLORATION — SUE {AUTHORIZED) 1) Provide exploratory excavation to determine locations of existing utility and communication lines per Quality Level A as described in Exhibit A. 2) Explorations would be completed using either a water lance probe or by hydroexcavation. 3) Provide survey to tie excavated utilities vertically and horizontally. 9. REVIEW OF DESIGN FOR SECTION BETWEEN CR 69 AND IRRIGATION CANAL (AUTHORIZED) 1) Verify geometry of constructed roadway (emphasis that the intersection at CR 69 aligns correctly). 2) Review pavement sections constructed and verify it confirms to the City's target design for a 30 year pavement section. 10. STORMWATER HYDROLOGY/HYDRAULIC STUDY- OFFSITE (AUTHORIZED) The alignment of C.R. 52 is within an area which has historically been prone to localized flooding. In addition, the Nueces County Drainage Mater plan identifies two large swales which would impact the drainage patterns associated with the new roadway. In 2012 an existing section of private roadway and drainage swales was constructed by NEC along a portion of the proposed improvements. It is unclear whether a detailed drainage assessment was completed for the existing roadway drainage. Furthermore an existing elevated raw water canal is located in the vicinity of the new roadway. The canal is owned by the Nueces County Water Control and Improvement District #3. In order to insure that all drainage concerns are evaluated and addressed, NEI will complete a study to include the items outlined below. 1) Prepare a Hydrologic /Hydraulic study of the existing basin and drainage system. The assessment will include drainage which impacts the existing section of Roadway constructed by NEC. 2) Evaluate the County's Master Plan and verify that all improvements are in compliance or do not impact the intent of the plan. 3) Evaluate the City's Master plan and verify that all improvements are in compliance or do not impact the intent of the plan. EXHIBIT "A -1" Page 6 of 7 4) NEI will coordinate the assessment with other agencies impacted including Nueces County, TxDOT and the Nueces County Water Control and Improvements District #3. 5) Develop recommendations for drainage improvements. Improvements will include work within the existing new R O.W. and potentially off -site drainage improvements. 6) NEI will prepare and issue a report outlining the findings of the assessment. 11. GEOTECHNICAL — PAVEMENT SECTION ANALYSIS ._(AUTHORIZED) 1) Identify service conditions and life -cycle projections for proposed design. 2) Review copy of geotechnical report and supporting data, and identify preliminary alternative pavement design sections. 3) Prepare conceptual life -cycle analysis and estimates for each pavement section. 4) Develop recommended pavement sections. 5) Develop matrix evaluation criteria to include in the bid documents to assist the City during the Contractor selection process. 12. WARRANTY PHASE ALLOWANCE 1) Upon receiving authorization from the City to proceed, conduct 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, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A -1" Page 7 of 7 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. . TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, 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" Page 9 of 3 KlEngineering DateExchangetiANGIEM4STREE -RE12136 COUNTY ROAD 52 EXTENSION CR69 TO FM 186914 EXHIBIT B INDEMNIFICATION - OCT 2010.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: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City 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 K:4Engineedng DataExchangelANGIEM %STREETtE12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 1889A EXHIBIT B INDEMNIFICATION - OCT 2010.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to. maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 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 MEngineering DaleExchangelANGIEMISTREE RE12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM MOW EXHIBIT B WDEMNIFICATION -OCT 2010.docx W Z co O I_ O .V W � N (D -1)W`— ca W OZ© I ' ,a `'' � J > r- o. a -- a O U ai C V � a c V U_ LC �O r aJ O v •� �A L C a — 0 E: c a � t O C V N c z z d T C Z z E a 4. C L w s S 0 \ ti 0 \ ti 0 \ 0 0 \ U) 0 \ 0 0 \ 0 0 \ 0 0 \ 0 0 \ 0 -.0- 0 0 \ Lo 0 \ O 0 \ 0 m(D ❑0D QeoO 0000000 n' N N Cl) 000000 ca t CL o w co CO O u7 m CL 0 to w U w to In LL In ' T CO co �c (D Z -a ° N m bg CL 0 (9% Q �+ 0 U- O �} 69. c 0 o e 0 0 0 0 0❑ p 0 0 � 0 0 U :�.. 0 0 cu M 0 CL C,6 0 0 O LO o a��5o_ lf) �ocncn Nm¢H Lx) LO T VI^- T '4'^^" oT I QT 0« a O o 06� O Q o a p❑ a6g o o LO 0 Lo m m C) 1— H T i+ 00 O to O r C O r 0� Q Q � r 1CJ O r r O 6R Y 0) M O O O O r OD r r 0 0 N m m M r CO Re �, W) O r 0, M N � N M t! coo 6F} 69 44 69 6& 0 0 0 0 0 0 O Q O 0 p❑ oq 00 0 0 0 64 69. mm O) 0 0 0 0 0 O o 0 0❑ Q O0 O 0 60- f- 00 0 (0 0 o 0 0 � ❑ ❑ LO rn rn O co Q � OTp V- O O N_ �m M T M `0- LO O r a6 O O rn N N � cY7 LO ch O 64 69 « « ""' EXHIBIT "C" Page I Of 1 N a3 N o m(D Um �L n' N N Cl) O ca t CL o w co m CL 0 m w U w EXHIBIT "C" Page I Of 1 m(D H N Cl) U- to O LL LPL CA ' CO co �c (D Z -a ° N m 0) CL 0 c� Q �+ 0 U- O c Q E: fn p O a� CL a � ❑ o U :�.. •moo cu M 0 CL C,6 U a o a��5o_ �ocncn Nm¢H EXHIBIT "C" Page I Of 1 SUPPLIM NUMBER I'O BE ASSIGNS i)YCTTY" =w = PURCHASING DIVISION `"ft'"`w' CITY OF CORPUS CHRISTI City of DISCLOSURE OF INTERE ST Carpus t � t Christ! City, of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do busuiess with the City to provide the foliowin� iltformtttioll. Every quostion must be answered. It tlt� Itiestion is not applicable, answer will, `NA ". Sec: reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Naisnlitll Ftlgilleering, !t e-. 11. O. Box: MEET ADDRESS: 4501 Gollihar Road CITY: Carpus Christi ZIP'.'. 78411 FIRM IS: I. Corporation M 2. Partnership B 3. Sole O►wor 4. Association S. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this pare or attach separate sheet, 1. State the narlles of each '`employee" of the City of Corpus Christi having; an "o►vnersllip interest" constituting 3% or more of the ownership in the above named "firm.' Name Job 'Title and City Department (if known) 2. State the names of elicit "official" of tile City of Corpus Christi having; an "ownership interest" constituting 3% or more of the ownership in the above named "firm," NaI tie Title 3. State the names of each "board member" of the City of Corpus Christi having an `ownership interest" coltstitclting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. Slate the names of eaell employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subecct of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Nar e . Consultant 0 FILING REQUIREMENTS If 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 (lie 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 appparent; The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 Al CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: rG�_ Title;tce -� (Type a I'dol) Signature of Certifying �/ Datet Person; /-v #,�- -- ..'- -.� dt /D�l�� V / , \j DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic conomic 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. c. "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. "Ownersliip Interest," Legal or equitable interest, whether Actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of March 19, 2013 ss Action Item for the City Council Meeting of March 26, 2013 DATE: February 19, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Floyd D. Simpson, Chief of Police (361) 886 -2604 Execute Contract for Professional Services Animal Control Remodel /Improvements Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos from Corpus Christi, Texas in the amount of $87,300.00 for Animal Control Remodel /Improvements for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Chuck Anastos for Animal Control Remodel /Improvements. BACKGROUND AND FINDINGS: This project proposes renovation of the existing euthanizing building into office /storage /adoption spaces and constructing a new addition (30' x 30') to carry -out the euthanizing operation. This project will include a new incinerator system, freezers, and emergency generator. Chuck Anastos of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Chuck Anastos as proposed. 2. Do not execute the Contract for Professional Services with Chuck Anastos as proposed. OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 3 Service Center Complex Improvements approved by the community in the general election held on November 6, 2012. K: \ENGINEERING \LEGISTAR \MARCH 19 \ANIMAL CONTROL \MEMO -ANIMAL CONTROL. DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Chuck Anastos was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Police Department (Public Health and Safety /Animal Care and Control) FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $287,500.00 $862,500.00 $1,150,000.00 Encumbered /Expended Amount This item $87,300.00 $0.00 $87,300.00 Future Anticipated Expenditures This Project $200,200.00 $777,300.00 $977,500.00 BALANCE $0.00 $85,200.00 $85,200.00 Fund(s): Public Facility Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $87,300.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Chuck Anastos. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K: \ENGINEERING \LEGISTAR \MARCH 19 \ANIMAL CONTROL \MEMO -ANIMAL CONTROL. DOCX PROJECT BUDGET ESTIMATE Animal Control Remodel /Improvements (Project No. E12111) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 .................................................................... ............................... $1,150,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ................................... ............................... 784,090.91 Contingency ( 10%) ......................................................... ............................... 78,409.09 Consultant Fees: Consultant (Chuck Anastos) ............................................ ............................... 87,300.00 Geotechnical Study and Testing ( TBD) ............................... ............................... 0.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) . ............................... 11,500.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services ) ....................... 92,000.00 Finance....................................................................... ............................... 5,750.00 Misc. (Printing, Advertising, etc.) ....................................... ............................... 5,750.00 TOTAL........................................................................ ............................... $1,064,800.00 ESTIMATED PROJECT BUDGET BALANCE ..................... ............................... $85,200.00 CITY COUNCIL EXHIBIT ANIMAL CONTROL REMODEL/ CITY OF CORPUS CHRISTI, TEXAS IMPROVEMENTS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 6" 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 _.. Manage.r-or-De.signee. (Director-of Engineering aervicesyand -Chuck A -nastos- Associates . LLC a Limited Liability Company, 901 S Staples St., Corpus Christi, Nueces'C6unty, Texas 78404, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT _Animal Control Remodel /Improvements (Project No. E12111) BOND ISSUE 2012 —The scope of this project includes the renovation of the existing euthanizing building. into office /storage /adoption spaces and constructing a new addition (30'x 30') to carry -out the euthanizing. operation, This project will include a new incinerator system, freezers, and emergency generator. 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. Contract for Engineering (A/E) Services Page 1 of 4 K:%ENGINEERING DATAEXCHANGEICLARISSAJIPUBLIC HEALTH & SAFETYNE12111 -ANIMAL CONTROL REMODEL AND IMPROVEMENTSiAE CONTRACT CHUCK ANASTOSII CONTRACT PROFESSIONAL SERVICES.DOC "; h 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 $87,300.00, (in numbers), Eighty Seven Thousand Three Hundred Dollars and Zero Cents (in words). 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.) 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 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. Contract for Engineering (NE) Services Page 2 of 4 KAENGINEERING DATAEXCHANGESCLARISSAAPUBLIC HEALTH & SAFET AE12111 -ANIMAL CONTROL REMODEL AND IMPROVEMENTME CONTRACT CHUCK ANAST0W CONTRACT PROFESSIONAL SERVICES DOG h. 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 AlE without the express- written conserit of the Direc-tar of Engineering ""'Services. owever, thb A/E may use standard details that are not specifiic 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 AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI CHUCKANAS S SOCIATES, LLC. Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel B' es, P. E., Date Director of Engineering Services Floyd q.-Simpson bate Chief Uf Police APPROVED AS TO FORM Office of Management Date and Budget Chuck Anastos, "AIA President 901 S. Staples St., Corpus Christi, TX 78404 (361) 884 -4422 Office (800) 884 -4419 Fax Contract for Engineering (NE) Services Page 3 of 4 K:%ENGINEERING DATAEXCHANGEICLARISSAJ%PUBLIC HEALTH & SAFEME12111 -ANIMAL CONTROL REMODEL AND IMPROVEMENTSIAE CONTI1AC1 CHUCK ANASTOS \1 CONTRACT PROFESSIONAL SERVICES.DOC u 01 ATTEST Armando Chapa, City Secretary Animal Control Remodel and Improvements Pro'ect No. E12111 Department Fund Source No. Amount 'ublic Facility Bond 2012 1 550.950-3162-00000-E12111 $87,300.0[ Encumbrance No. ENTERED MAR 012013 CONTRACT MANAGERS;,¢ Contract for Engineering (AIE) Services Page 4 of 4 K'IENGINEERING DATAEXCHANGL%CLARISSAJIPUBLIC HEALTH & SAFEME12111 - ANIMAL CONTROL REMODEL AND IMPROVEMENT&AE CONTRACT CHUCK ANAST0S%1 CONTRACT PROFESSIONAL SERVICES.DOG 28 February 20313 Mr. Daniel Biles, PE Director of Engineering Services - - -_ City Car Corpus- Chrizt� P6 Box 9277 Corpus Christi, TX 78469 -9277 ARc1- st'rE0TURt ItdfERi0R DESWN LLC. Re: Proposal for the A & E services for the Animal Control f=acility Improvements, City of Corpus Christi Project #E12111 Dear Mr, Biles: Chuck Anastos Associates, LLC: is pleased to submit this proposal for the A & E services for the Bond Issue 2012 Animal Control f=acility Improvements. This Proposal is for the architectural, structural, MEP and civil engineering services as outlined in Exhibit XI for the following ,cope of work: 1. Remodel existing facility to develop a logical separation between euthanasia I animal disposal area from public accessible areas; 2. Provide new air conditioning system, new aluminum windows, etc. in existing facility; 3. Develop separate areas for dogs and cats awaiting euthanasia; 4. Develop a secure public rear drop -off area for 24 hour dead animal delivery; 5. Develop a new truck drop -off area for dead animal delivery and provide new canopy for shade and raise existing doers to allow truck. drive -in; 6. develop a conveyor type system to new refrigerator for temporary dead animal homing; 7. Develop proper management of fluids in euthanasia, disposal and refrigerator areas; 8. Provide storage area for chemicals, medicines, dietary supplements and food(s); 9. Provide new kennels for small and large animals; 10. Provide now ADA restrooms for public and City staff; 11. A natural gas emergency generator will be included (as an additive alternate consideration); 12. Passive sustainable measures will be incorporated where feasible; and 13. ultimately, available construction funds will dictate the exact size of itre facility. The total available Project budget shal€ be: 1. Total construction cost (72 %) 2. Contingency (08 %) 1 Soft Costs (20 %) Total =$ 828,000,00 =$ 92,000.00 230,000,00 °$ 1,150,000m 0 :S sox 3683 C3R"t3S CHRIST) tale propose to proyide'the following architectural services for each Phase of this Project: T F XAS 7 a 4 G 3 1, Preliminary Design Phase (Refer to attached Exhibit A -1 Task List): 9G! 3 S T A P L F S GCJ3Ir�u3 crsrarsr+ ` Obtain a digital plans from City staff describing metes and bounds, existing conditions at each site, etc.; TEXAS 7€404 TEL 3E 1 1{64 -4422 FAX 3G? 1684.4419 �nr: &tt�s�s3ticiafi>eff.�om EXHIBIT "A" Page 1 of 3 ■ Field verify existing conditions at site; ■ Analyze International Building Code, Texas Windstorm and TDLR requirements; ■ Prepare Preliminary Design Drawings and meet with Registered Accessibility Specialist for review of preliminary plans; • Prepare cost estimate; and • Meet with City staff and each user representative(s) as required for design review and approval; _ 2. Design Phase (Refer to attached Exhibit A -1 Task List): ■ Develop and Submit 60% Design Package for Owner's review and approval-, Update outline material specifications; • Prepare updated cost estimate; • Further develop construction and bid documents from approved 60% submission; • Compile technical specifications; ■ Meet with City staff and City User Group periodically to review progress and details of design; ■ Submit 90% Construction Documents / Specifications for Owner review and comment; ■ Update construction cost estimate; ■ Submit 100% Construction Documents 1 Specifications for final Owner review and comment; ■ Submit sealed 100% Construction Documents 1 Specifications for bidding and construction; and ■ Submit drawings and specifications for Texas Accessibility Review. 3. Bidding Phase (Refer to attached Exhibit A -1 Task List): • Participate in the pre -bid conference; ■ Assist the City in solicitation of bids; Review all pre -bid questions and prepare necessary addenda; ■ Attend bid opening, analyze bids and make recommendations concerning award of Contract. 4. Construction Phase (Refer to attached Exhibit A -1 Task List): ■ Meet with and advise City Staff; ■ Make approximately one (1)- site visit per month during construction to observe the quantity of work, and review and approved Contractor's Applications for Payment monthly; and ■ Make approximately one J)- site visit per week during construction to observe the work (only if pre - approved by City- not a part of Basic Scope of Work.) Clients' Responsibilities: It is hereby agreed that the Client shall be responsible for the following: 1. The Client shall provide all required site information including a survey and geotechnical report prior to commencement of Design Phase. If replatting, amending or rezoning of the property is required, all associated work shall be considered additional services. 2. The Client shall provide all required storm water drainage as indicated on subdivision plans. 3. The Client shall provide all utilities to this project site. EXH IT "A" 2 of 3 Compensation for the abave• described services shall be a flat NE fee of Eight Seven `tThousarid 'Three Hundred Dollars ($87.300.00.) Summary of AE fees: Fee for Basic Services . Preliminary Phase ._.. _. _..._.__ ..._ _ _ - 21,50o.00 �..�.W...�.._.....� - ..._.�..�._.�..._ - - -_� 2. Design Phase 3. Sid Phase .—._,. 46 5il0.00 1,000m 4. 4. Construction Phase 7,800,00 Subtotal Basic Services Fees $76,800.00 Fee for Additional Services - 1. Warranty Inspection 2. Preparation of Record Drawing Set - - -— 1,000.00 -- _1,000,0 } 3. Topographic Survey _ �,n(Ib.O0 4. Submission to TDLR � 2,500.0E 5, Public Art Design Coordination � TBID 8. Landscape & Irrigation Plaits 1,500,00 7. Supplemental Engineering f Construction Observation -- -- - TIBD Sub -Total Additional Services Fees $10,500.00 ial Ali E€:es $87,300.60- 87,360.6 f If you find this proposal acceptable, we will Submit the Exhibit A -1 (Task List), Preliminary Project Cost Estimate; Ali= Fee and Time Schedule, and Exhibit B Disclosure Form for your use in preparation of the Contract. We are prepared to Commence this Project irrtmecliately upon receipt of your approval t�roreed. Sincere[ Chuck Anaafbs. AIA STfiTUMENT OF C^RTINGATION: The Texas Board of Architectural Examiners, Po Box 12337, Austin, "texas 78711, Telephone (512) 305 -9000, has jurisdiction over complaints regarding the professional practices Of Persons registe €err as architects in the State of Texas. City Proposal Page 3 - 3 City Of Carpus Christi Project #E12111 EXHIBIT "A" Page 3 of 3 0 11, A R C H 1 7 E G T 0 R F. iNTERiOR DESIGN s, ,J BOX S 8 a $ CORPOS (-�MSTI TEXAS 70483 gol S STAPLES (;oapus i7MSTf TEXAS 76404 TEL 36iIB84-4422 FAX 3611884-4419 Nil "),ate cone ( fl 0 ( K � 11 fl S 10 S A 5 $ 0 C i A -- E 5, 1 -1. C. EXHIBIT A-1 Bond- Issue- 2012-Anirnal-Con-tral- Facility Improve ntcj-- Project No. #E 12111 TASK LIST PRELIMINARY PHASE 1. Site Analysis id Field Visit to site. Review existing conditions that will impact project. Verify building and parking requirements, Develop site plan confirming feasibility of proposed meets and botind.-, and verify building / parking will fit on land limits proposed by the City of Corpus Christi, 2. Programming Review City's scope of work; and analyze City User Group goals and priorities, Develop preliminary cost estimate and project schedule. Meet with City User Group and City Staff for program submission review. 3, Preliminary Design %I Modify Program as directed by City. Code Review — Meet with City for building code issues and utilities. Develop floor plan layout(s) (deliverable). Develop site plan layout(s) (deliverable). Develop exterior elevation(s) from floor / site plan (deliverable). Meet with City User Group and city staff to review exterior elevation studies. Upon approval of exterior elevation— refine design concept submission to include (deliverable). * Site Plan * Floor Plan * Exterior.Elevations * Building Sections * 3-D Rendering (if authorized) EXHIBIT 11 A-1 5' Page I of 5 Z.; Outline Sp€:cifications ­ Materials Description Update Preliminary Cost Estimate (deliverable). Submit Design Memorandum Package for approval. - ------------- DESIGN PHIASE Develop approved concept design. Coordinate details of City provided survey, geotechnical investigation. Develop and Submit 60% Design Package for Owner's Review and Approval (deliverable) * Title Page * Site Plan * Floor Plan * Wall Sections/Building Seotion * Reflected Ceiling Plans * Light Layouts (Fixtures Selection) * Concept Furniture Plan (Including Stacks) * HVAC One Line * Electrical Outlet Location,& Update outline material specifications (deliverable). Provide updated cost estirnate/project schedule (deliverable). Further develop construction and bid documents from approved 60% submission. Coordinate with Owner the use of City Standards in general and supplementary contract conditions. Compile bid technical specifications. Meet with City staff and City User GrOLIP periodically to review progress and details of design Submit 90% Construction Documents / Specifications for Owner Review and Comment (deliverable). Update Construction Cost Estimate and Project Schedule (deliverable). Submit 100% Construction Documents / Specifications for Owner Review and Comment (deliverable), Submit drawings and specifications for Texas Accessibility Review. BIDNEGOTIATION/CONTRACT PHASE Communicate with bidders and sub-bidders. Attend pre-bid conference. Issue addenda and clarifications in advance of bid for City distribution, Assist Owner in receiving bids and qualifications, and attend Bid Opening. EXHIBIT "A-I" Page 2 of 5 Assist Owner in reviewing bids and qualifications. Perform post-bid value engineering analysis if project exceeds budget CONSTRUCTION PHASE (Items with Strikethrough provided only at City's reqj.jest) Attend Pre-construction c.onferenVe_____ .. ....... ...... ... nit 13 Reviek"Ow"raw44gis -and -s ubm-kajs-, Prepare color selections on all product submittals — prepare I cc) lor board for Owner review and approval. Review and recommend process Applications for Payments. ReGeive,and-feview Authorize and coordinate Texas Accessibility Inspection prior to release of retainage to contractor. Perform one-year warranty inspection prior to expiration of warranty (approximately 10 months after completion). Receive contractor's submitted record document:, integrate all variations and field information on the electronic drawings — submit to Owner, on CD. ,AW _fieA_F9p0,4 4- 4tteq, 4---st1hpPit I L 10 CWne, Ga;id I for ---Unp ar te additi, ,a- INCLUSIONS Storm water pollution prevention plan will be specified by Architect. Contractor is ' responsible for design and application of TCEQ and City permit/certifications. ME will bear the cost of all travel, mileage, printing, plotting and other - associated expenses as pail of basic services (excluding final bid documents). The following items will be invoiced as additional expenses (if authorized by the City): • Design Memorandum submission • 3D renderings — Board mounted copies in excess of 1 • Construction documents submissions — ' copies in excess of 1 • Final bid documents printing and distribution • Color boards submission — copies in excess of 1 EXHIBIT "A-1" Page 3 of 5 a Windstorm Design Certification and Inspection will be specified by Architect. Contractor is re sponsible for windstorm inspectioils and construction certifications. as-part- fthes-.,&Go ref �n.w.e... Pre-design service, fear site analysis and development of a detailed ....document- are - included as part of -tile scope of services. -.. _ .. Land scap ell irrigation system design and specifications is included as Owner's basic service. ® Owner or Owner's Technology Representative shall work with i/E during the design of this project. F design shall be limited tea the following: Telecommunications System: c� Locate phone and data outlets on electrical plan, Specify conduits and raceways for installation for computer wiring and phone system under Owner's separate contract - Computer Network: 0 Locate power and data outlets on electrical plan. a Specify conduits and raceways and protected power system (if required) for yawners computer systems. o Locate MDF and IDF rooms to serve Owner's network system,,-,, c Owner will execute separate contract for computer system wiring, switches, racks and devices. Audio Visual Systems: • locate and specify projector screens and projector mounts for owner provided audio video system. • Locate power outlets and data outlets. 0 Coordinate lighting design and lighting controls for owner provided audio -video systems. o Specify wall mtaunted T.V. brackets if required. o Owner to contract separately for coaxial or data cabling, TVs, and computer projectors. Interior design work by A /l` shall be limited (as per line item) to the following: o Develop a "concept" furniture/stack plan. o Interior color selection Of all building materials, 0 Coordination with Owner concerning list of "guilt -in" items and list of owner provider furniture/equipment. 0 Coordination with Owner concerning color selections of building and furniture. o Design bid alternate for contractor constructed casework, stack: shelving and circulation desk. Integrated building security technology design which is provided upon yawners r. (Athorization shall be designed and specified by REP, EXHIBIT "A 131 Page 4 of 5 Engineer and constructed as part of contract, Pending Owner Agreement and Authorization, fee shall be as -follows: 0 Fire Alarm — Pail of basic service fee 0 Card Key Access (limited to exterior doors) Signage Graphics — Design and coordination shall be included as part Of services. Signage will be included in the building construction contract and if authorized will include, 0 Building Plaque 0 Interior room signage 0 Site traffic signs and markings 0 Site accessibility signs. EXCLUSIONS FROM SC0PF_'QF SERVICE No work is included for the analysis, testing or abatement of any kind of hazardous site material or environmental assessments. No work is included for the analysis design or planning concerning any property platting or re-platting, any zoning or building code variances. All such work if authorized will be considered additional services. No specialty consultants for fire station design, fire fighting equipment, computer systems, telecommunications, audio - visual or other integrated technology is included as Pail of this scope of service. No off-site Utility design work is included as pad of basic services. If the AfE is outhorized to design off-site utility improvernents, it shall be an Owner's optional additional service. EXHIBIT "A -1" Page 5 of 5 A RCHIT9CTURE INTORIOR 06010H f� 0 0R;K '19119 �of7Hl3s Flt�f€�rl 'TV #A9 ig�flt 001 § §TAFI,9§ �Ai�f #iJ6 �b��1�T1 Tg 96�199A d�FR FAX M11944;4410 �fl��t.Q��911C91A��: 6R1�1 (hO(K 09 ii STOS A 5 5 0 C t A T E 5, L L CC SCHEDULE DAY DATE ACTIVITY Wednesday 20 March 2013 Begin Preliminary Design Phase _Monday _ - - - 241►K�2013 _ ..__ -_ _ Design_Memnrandum- Submission - aY aY City Review Meeting Monday 06 May 2013 Begin Design Phase Friday 14 June 2013 100% Design Review Submission Friday 26 June 2013 City Review Meeting Monday 15 July 2013 Final resign Submission Monday (2) Advertiser for Bids Tue/WediThu Pre -Bid Conference Wednesday Receive Bide Mondey Begin Construction Weekday Construction Completion D EXHIBIT "A -2" Page 1 of 1 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 - all4m- ilar- +nsur -ance -- -- 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 30 -Day Written Notice of Cancellation, non- renewal or material change required on all certificates COMMERCIAL GENERAL LIABILITY including: I. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors MINIMUM INSURANCE COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $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 500,000/500,000/600,000 EXHIBIT r'B" Pa e 1 of 3 K /Engineering DataExchangelClarissaAl`ubtic Health & Sarely%E12111 - Animal Control Remodel and ImprovementslAE CONTRACT chuck anastos14 EXHIBIT B INDEMNIFICATION - OCT 201O.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 --- ._.. -. -- incur -red_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 policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and . employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City 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" Pa e 2 of 3 K kEngineering Data ExchangelClarisseAPublic Health & SafetylE`12111 -Animal Control Remodel and Improvemenls4AE CONTRACT chuck anastosl4 EXHIBIT 8 INDEMNIFICATION - OCT 2010 docx H. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and any. insur -ante- "- poiic*-endor5em€nts --to- the - ex-te- nt- andwithin -ghe a -- herein - - - -- -- require the- City - shall - hava- the -right--to-- order Con- valtant -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. 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" Pa e 3 of 3 UEngineedng DalaExchange1ClarissaJWubFc Health 8 Safely1E12111 -Animal Control Remodel and ImprovementAAE CONTRACT chuck anaslosl4 EXHIBIT B INDEMNIFICATION - OCT 2010.docx 4)!R ae 0 gi 9_ 0 G 0 N Gl G CL a�i � 41 • , 67 E a a v nr, z UM 0O00 aZ Z 0 d J O` c C as ,0 V 0.. O N O c IL- o" c }' 0 0 N 0 z qrp O z Z O V N OR 0 r ae 0 I .1 e 0 9_ 0 G 0 N Q O 67 O a r r M r C N 0 0 0 0 o o o a D a 0 0 0 CY N - d 0 Ln iR L°cs _� 0 o _,. d CA N LL. 0 d O ° ° ❑ 0 ❑ ° 0 LrQ7 u� m 0 o O v cc q C� CL C M Q Lo d9 ,d 6Tr} N C w d ' 669 00000 E b0 0© C) O© °o 0 0 0 E °o � 6 Sa. m m m toimm N LO Ln r-L .- c o o C0L' O N 4 N 0 co ~ ~ M r �► 4a C) Q N Cl LO m m M C44 LO - 64 r r O p N O❑ a to O O 60 9 °0 N C) N N i- i_ i_ n o r r- T r 6q T r f1% to 0 )C)080 C 000mmmo oao N N to csi � � N V N (L} LA a- U y� L' O m N a a m CL a m U W EXHIBIT "C" Pa oI of tR d? i) N d d CA N LL. O v cc q C� CL C M Q 4U ,d N C w d ' CL Q g E a 5 �a m E Q iS Sa. 0vicnn toimm EXHIBIT "C" Pa oI of �( SUPPLIER NUMBER ■ TO BL ASSIGNED BY CITY-- - = PURCHASING DIVISION City of CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST Christi 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_,._.Certificat ons_,and._ -.- _. _ - - - definitions, . -- COMPANY NAME: Chuck Anastos Associates, LLC P. O. BOX: 3883 STREET ADDRESS: 901 South Staples Street CITY: Corpus Christi ZIP: 78463 -3883 FIRM IS: 1. Corporation 2. Partnership 4. Association B 5. Other p ❑ 3. Sole Owner E DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT "D" Pa eIof2 . f . 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, Texa s c anges occur. Certifying Person: Chuck Anastos, A. I. A. Title: President (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity, "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Pa e'2 of 2 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of March 19, 2013 ss Action Item for the City Council Meeting of March 26, 2013 DATE: March 4, 2013 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 Execute Contract for Professional Services Hike and Bike Trail Development Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $185,540.00, for Hike and Bike Trail Development for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. for Hike and Bike Trail Development. BACKGROUND AND FINDINGS: The scope of this project includes the design and construction of hike and bike trails along Schanen Ditch from Wapentate Drive to Saratoga Boulevard and along Bear Creek Ditch from Yorktown Boulevard to Oso Creek Parkway, providing off road recreational trail experiences and creating connectivity between parks, public spaces and residential areas. This project will bring continuity and greater connectivity to the City Hike and Bike Trail System. This project will connect to the first segment of the Hike & Bike Trail that is currently being designed under the Bond 2008 project the from Yorktown Boulevard to Wapentate Drive. Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. as proposed. 2. Do not execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. as proposed. K: \ENGINEERING \LEGISTAR \MARCH 19 \HIKE & BIKE\MEMO -HIKE AND BIKE. DOCX OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Martinez, Guy & Maybik, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Ooeratino ❑ Revenue X Caoital ❑ Not aoolicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $375,000.00 $1,125,000.00 $1,500,000.00 Encumbered /Expended Amount This item $185,540.00 $185,540.00 Future Anticipated Expenditures This Project $189,460.00 $1,123,040.00 $1,312,500.00 BALANCE 0.00 $1,960.00 $1,960.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $185,540.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services Martinez, Guy & Maybik, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K: \ENGINEERING \LEGISTAR \MARCH 19 \HIKE & BIKE\MEMO -HIKE AND BIKE. DOCX PROJECT BUDGET ESTIMATE Hike and Bike Trail Development (Project No. E12116) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Park and Recreation Bond 2012 $1,500,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... 1,022,727.27 Contingency ( 10%) ................................................................ ............................... 102,272.73 Design Fees: Engineer (Martinez Guy and Maybik) ...................................... ............................... 185,540.00 Geotechnical Study and Testing ( TBD) .................. ............................... 30,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 22,500.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 120,000.00 Finance............................................................................... ............................... $ 7,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 7,500.00 TOTAL................................................................................ ............................... $1,498,040.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $1,960.00 File : \Mproject\councilexhibits\exhE12116c .dwg PROJECT #E12116 Oso Creek PROJECT LOCATION LOCATION MAP NOT TO SCALE Hike and Bike Trail Development (Bear Creek Trail) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 File : \Mproject\councilexhibits\exhE12116b .dwg HWY 43 PROJECT #E12116 LOCATION MAP NOT TO SCALE Hike and Bike Trail Development (Schanen Trail) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Martinez, GuV & Ma bik Inc., a Texas corporation, 6000 S. Staples, Suite 207, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Hike and Bike Trail Development (Project No. E12116) BOND ISSUE 2012 —The scope of this project includes the design and construction of hike and bike trails along Schanen Ditch from Wapentate Drive to Saratoga Boulevard and along Bear Creek Ditch from Yorktown Boulevard to Oso Creek Parkway, providing off road recreational trail experiences:and creating connectivity between parks, public spaces and residential areas. This project will bring continuity to a currently disjointed and segmented trail system. 2. SCOPE OF SERVICES The AIE 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-11", to complete the Project. Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to 'the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may Contract for Engineering (A/E) Services Page 1 of 4 K:IENGINEERING DATAEXCHANGEICLARISSAJIPARKSIE12116 -Ii IKE AND BIKE TRAIL DEVELOPMENTICONTRACT - MARTINEZ GUY & MAYBIK 1 CONTRACT PROFESSIONAL SERVICES DOC be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may directthe 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 AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the AIE a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $185,540.00, (in numbers), One Hundred Eighty Five Thousand Five Hundred Forty Dollars and Zero Cents (in words). 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 AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The AIE will not assign, transfer or delegate any of its obligations or duties in this contract . to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the AIE 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 AIE fee may be assigned in advance of receipt by the AIE without written consent of the City. Contract for Engineering WE) SeNces Page 2 of 4 K:IENGINEERING DATAEXCHANGF %CLARISSAJ4PARK55E12116 - HIKE AND BIKE TRAIL DEVELOPMEN RCONTRACT - MARTINEZ GUY & MAYBIK 1 CONTRACT PROFESSIONAL SERVICES.DOC 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. CITY OF CORPUS CHRIST] MARTINET, GUY & MAYBIK, INC. Oscar R. Martinez, Date icardo Martinez, D 5resident Assistant City Manager 6000 S. Staples 1Yuite 207 Corpus Christi; T 78413 RECOMMENDED (361) 814 -3070 Office (800) 653 -5510 Fax Daniel Biles, P. E., Date Director of Engineering Services ichae Director of Parks and Recreation APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Contract for Engineering (A/E) SeNces Page 3 of 4 UENGINEERING DATAEXCHANGE ICLARISSAJIPARKS1E12116 - HIKE AND BIKE TRAIL OEVELOPMENWONTRACT - MARTINEZ GUY & MAYBIK41 CONTRACT PROFESSIONAL SERVICES.DOC Hike and Bike Trail Develonment IProiect No- E121161 De artment F Fund Source No. Amount arks and Recreation ---] 550950 -3293- 00000- E12116 $185,540.00 Encumbrance No. F'�..+�IE MAR a 1 �,� ENTERED 1y14- FEB 25 2013 CONTRACT MANAGERS Contract for Engineering (AIE) Services Page 4 of 4 KIENGINEERING DATAEXCHANGE4CLARISSAJIPARKSIE12116 - HIKE AND BIKE TRAIL DEVELOPMENTICONTRACT - MARTINEZ GUY & MAYSIKU CONTRACT PROFESSIONAL SERVICES. DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Hike & Bike Trail Development (Project No. E12116) I. SCOPE OF SERVICES A. BASK SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services Preliminary Phase. The Architect /Engineer - -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City forrnat for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area e) Develop preliminary requirements for utility relocations replacements orupgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 K kEngineering DalaExchangel0larissaJlParks1E12116 -Hike and Bike Trail Development\Conlract - Martinez Guy & MaybiM2 EXHIBIT A LARGE AE- E12116.doc I . Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification, of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specitcations. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the braft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction, S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. 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 finds available for construction, C) A copy of existing studies and plans. (as available from City Engineering files) d) Field location of existing city utilities. (A /E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. "ny unauthorized use or distribution of the records provided under this contract is strictly prohibited. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements, KAEngineering DalaExchangeSClarissaAP3rkslE12116 - Hike and Bike Trail DevelepmentSContract EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 Marlinez Guy & Mayb,W EXHIBIT A LARGE AE- F12116_doc b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summarr�' which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide.one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) . Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. 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 priorto re -use of modified plans. k) Provide Quality AssurancelQuality Control (QA/QC) measures to ensure that submittal of the interim, pre4inal (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. Additional revisions or design submittals are re uired and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards. T� EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 KAEngineering DatsExchangelClarissaJ4Parks5E12116 -Hike and Bike Trail DevelopmenhGanlracl -Martinez Guy & MaybiM2 EXHIBIT A LARGE AE- E12116.doc 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additiondi Services), 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. 3. Bid Phase. The AIE will: a) Participate in the pre -bid conference and provide a meeting 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 priorto bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. 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 AIE) 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 Administration Phase. The AIE 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, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 K-1Engineering DetaExchange %Clar,ssaJ4Parks1E12116 -Hike and Bike Trail Developmenl\Conlracl - Marlinaz Guy & MaybikQ EXHIBIT A LARGE AE- E12 Wdoc 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; 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) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project h) Review Contractor- provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applicationslestimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization 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 shall, with written authorization by the Director of Engineering Services, perform the following:: Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit /Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 KAEngineering OataExchangelClarissaJlPa rks5E12116 -Hike and Bike Trail OevalopmenMonlracl - MaAinez Guy & Maybik42 EXHIBIT A LARGE AE- E12116.doc k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TG LO) n. Other agency project - specific permits 2. Wight-of-Way ROW Ac uisition Survey All work must comply with Category I-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determhe apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW, AIE must obtain Preliminary Title Reports from a Iota title company and provide copies of the title reports to the City.Preliminary Title Report shall identify title ownership and any title encumbrances to all rightof- -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the AIE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriutions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied— i.e. -- the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f} All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW, j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design, 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 K:1Engineering DataExchangoSClarissaJ %Parks1E12116 -Hike and Bike Trai$ DevelopmentSContracl -Marl inez Guy & MaybikU EXHIBIT A LARGE AE- E12116.dec parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information onlyAll existing easements within the parcels to be acquired and those within adjacent parcels must be shown, m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements.A strip map showing all parcels required will be submitted along with parcel descriptions Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal, 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement Participate in two }public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City, Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investiciation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine, the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and anelevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility-records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water— Storm waterfacilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater— Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 KAEngineering 6ataExchango %olarissailParks1E12116 - Hike and Bike Trail Uevelopmenllconlracl - Martinez Guy & Maybikl2 EXHIBIT A LARGE AE. E12116.doc vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the AIE. The City of Corpus Christi Gas Department will provide Quality Level A. The AIE will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start -up Services. Provide on -site services and verification for all start -up procedures during actual start -up of major Project components, systems, and related appurtenances if needed and required. 9, Warranty Phase. Provide a maintenance guaranty inspection toward the endof the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe 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 priorto the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". II. SCHEDULE Date Activity March 26, 2013 NTP July 9, 2013 Draft ELR submittal July 23, 2013 Cit Review August 13,2013 Final ELR submittal November 12, 2013 60% Design Submittal November 26, 2013 City Review Januar 28, 2014 100% Final Submittal March 3, 2014 Advertise for Bids March 14, 2014 Pre -Bid Conference March 19, 2014 Receive Bids April 22, 2014 Contract Award Au ust 4, 2014 Begin Construction August 3, 2015 Complete Construction Ili. 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. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and EXHIBIT "A" Page 8 of 9 Revised November 13. 2012 K\Engtneering Dat aExchangelGiarissaJXParks %E12116 -Hike and Bike Trail DevelopmentlGontract -Martinez Guy & MaybikQ EXHIBIT A LARGE AE- E12116.0c appropriation of funds. For services provided in Section I.A.1 -4, AIE will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon AIE's estimate (and with City's 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 AIE'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: Summary of Fees Basic Services Fees 1. Preliminary Phase $26,120.00 2. Design Phase $71,940.00 3. Bid Phase $6,620.00 4. Construction Administration Phase $21,040.00 Subtotal Basic Services Fees $125,720.00 Additional Services Fees (Allowance) 1. Permit Preparation $14,720.00 2. ROW Acquisition Survey None Anticipated 3. Topographic Survey $22,720.00 4. Environmental Issues $1,920.00 5. Public Involvement $5,080.00 6. Subsurface Utility Investigation $12,980.00 7. Construction Observation Services To Be Determined 8. Start -up Services Not Applicable 9. Warranty Phase $2,400.00 Sub -Total Additional Services Fees Authorized $59,820.00 Total Authorized Fee $185,540.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 KAEngineering OataExchange %ClarissaJlParks1E12116 -Hike and Bike Trail DovelopmeMConlract - Martinez Guy & MaybikQ EXHIBIT A LARGE AE- E12116.doc EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit 'A") CITY OF CORPUS CHRISTI, TEXAS Hike & Bike Trail Development (Project No. E12116) The scope and fee presented herein, and on Exhibit "A" are based on the following: Project Budget: $1,500,000.00 Estimated Construction Budget: $1,200,000 Basic Services: 1) Project limits include: Schanen Trail- From Wapentate Drive to Saratoga Boulevard along Schanen Ditch, Bear Creek Trail- From Yorktown Boulevard to Oso Creek Parkway along Bear Creek Ditch. 2) Contact Texas Excavation Safety System, Inc. (Texas811) to locate existing private and/or City utilities in the field, and coordinate with appropriate City operating department. 3) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition an .new work along with the applicable parameters required to complete the Engineering Letter Report and Construction Drawings. 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report including all pertinent information as described in Exhibit "A ". 7) Review with City staff, revise, and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report, and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. EXHIBIT `rA -1" Page 1 of 6 Revised Aril 2010 KAEngineeriag DataExchangeSClarissaJkParks1E12116 -Hike and Bike Trail Developmen6Conlraa - Martinez Guy & Maybikl3 EXHIBIT A -1 TASK LIST LARGE AE- E12116.docx 9) Perform the engineering design of all improvements on the project, including the horizontal and vertical alignments of the trails, drainage and grading improvements, and other trail amenities such as shade structures, benches, and kiosks in compliance with the Parks, Recreation and Open Space and the Community Hike and Bike Trail Master Plans, as determined to be part of the project per the planning meetings with City Staff, 11) Develop construction drawings in English units in 22" x 34" sheets, including but not limited to, the following (as required for this project): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Drainage Area Map • Hydraulic and Hydrology Sheet(s) • Grading Plan • Trail Plan & Profile • Storm Water Plan & Profile (as needed) • Storm Water Structure Improvements (as needed) • Storm Water Details • Sidewalk Details • Curb Ramp Details • Pavement Marking and Signage Plan • Pavement Marking Details • Waterline Plan & Profile (as needed) • Waterline Adjustments • Waterline Tie -in Sections • Waterline Details • Landscaping Plan (as needed) • Landscaping Details (as needed) • Irrigation Plan (as needed) • Irrigation Details (as needed) • Lighting Plan (Conduit Only) • General Traffic Control Notes and Construction Sequencing • Traffic Control Plan • Traffic Control Sections • Traffic Control Miscellaneous Details • Barricade and Construction Standards • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Plan (SWPPP) Outfall Plan EXHIBIT "A -1" Page 2 of 0 Revised A ril 2010 K )Engineering DalaExchangoiC {arissaJkParks1E12116 - Hike and Bike Trail DevelopmenllConlracl - Martinez Guy & Msybik13 EXHIBIT A -1 TASK LIST LARGE AE- E12116.docx Storm Water Pollution Prevention Details o Storm Water Quality Management Plan • Miscellaneous Details • City of Corpus Christi ADA Standards 12) Prepare opinion of probable construction costs including contingency. amounts. 13) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors —B • Part A— Special Provisions • Part 13— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Park T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 14) Provide Quality Control/Quality Assurance (QC/QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 15) Address comments received from the City for the pre -final submittal. 16) Provide Quality Control/Quality Assurance (QC/QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 17) Update the opinion of probable construction costs 18) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). EXHIBIT "A -1" Page 3 of 6 Revised Aril 2010 K:%Engineering DataExchangelC larisseAParks5E12116 -Hike and Bike Trail DevelcpmentlConlract- Marlinsz Guy & Meybikl3 EXHIBIT A -1 TASK LIST LARGE AE• E12116,docx 19) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 21) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5t" of each month. 22) AIE will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities required to complete the project. RIGHT OF WAY ACQUISITION None anticipated TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre-plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by traverse. 6) Perform topographic survey within project limits to be improved. Survey will include all topographic features within the survey limits plus a minimum of 50 linear feet along crossing streets 7) Cross - section existing drainage ditches within project limits at 100 -ft. intervals. 8) Locate and tie -in tract boundaries. 9) Locate and tie -in known utilities and structures. EXHIB=2;01 Page Revised 1<1Enginanring DalaExchange \ClarissaJ4Parks1E12116 - Hike and Bike Trail Developmen6Contracl - Martinez Guy & May6ik13 EXHIBIT A -1 TASK LIST LARGE Ag- E 12116.doex 10) Download raw survey field data, copy field notes, reduce data and check results. 11) Prepare Auti drawing of topographic survey. ENVIRONMENTAL ISSUES 1) Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and/or contaminated soils that may be discovered during construction PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. SUBSURFACE UTILITY INVESTIGATION Upon receiving authorization from the City to proceed, provide Subsurface Utility Engineering (S.U.E.) at sufficient locations to identify underground utilities. It is anticipated that up to 10 bore holes will be required to identify the underground utilities associated with this project. Subsurface Utility Engineering (S.U.E.) will be in accordance with "ASCE Standard C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ", and shall be in accordance with Section 8 under Additional Services in Exhibit. "A". CONSTRUCTION OBSERVATION SERVICES Scope and fee to be determined START -UP SERVICES Not applicable WARRANTY PHASE Upon receiving authorization from the City to proceed, .conduct 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, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City EXHIBIT "A.1" Page 5 of 6 Revised April 201 K:4Engineering OataExchangeSClarissa JlParks1E12116 - Hike and Bike Trail DavelopmentSGonlraU • Martinez Guy & Maybik \3 EXHIBIT A -1 TASK LIST LARGE AE- E12116.docx staff of the locations and conditions requiring action. EXCLUSIONS Specifically Excluded from Scope and Budget (to be investigated during the Preliminary Engineering Phase to possibly be included in the Final Design) The following tasks and project elements are currently not included in the project scope of work, project budget, and MGM's engineering fees: 1) Sanitary sewer design. 2) Building design (restrooms). 3) Illumination design. 4) Offsite storm water, wastewater, and waterline improvements. EXHIBIT "A -1" Page 6 of 6 Revised April 2010 KAEngineering DalaExchange %ClarissaJlParksAE12116 -Hike and Bike Trail Development\Conlracl • Martinez Guy & MaybiW EXHIBIT A -1 TASK LIST LARGE AE- E12116.docx EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30 -Day Written Notice of Cancellation, non - renewal or material change required on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors MINIMUM INSURANCE COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $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 500,000/500,0001500,000 EXHIBIT "B" Page 1 of KlEngineering DataExchangelVarissaJlParks1E12116 -Hike and Bike Trail DavelopmenllConlrast -Martinez Guy 8 MaybikA EXHIBITS INDEMNIFICATION -OCT 201 O.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 policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City 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. EEX I 2of3 K',lEngineering DalaExchangaSClarissaJ %Parks4E12116 - Hike and Bike Trail Developmen6Contrscl- Martinez Guy & MaybikA EXHIBIT B I N DEMNIFICATION -OCT 2010.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during.this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, tosses 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" Pa e3of3 KaEngirreering DataExchangekClarissaJlParks4E12116 -Hike and Bike Trail DevelopmentkContrael - Martinez Guy & Maybik44 EXHIBIT B INDEMNIFICATION -OCT 2oia.docx w � t� N o ,oho w +. n 0© o o C b � �- _ 91 O W c a- o� c C W z U) O V � u R 0000 N d�Z v Z I-- - '0 U . C 4 IL CL V Z C 0 V 0 t� 0 o o 0 Ne N NR 0 n 0© o o C n O cp a a zle 0 0 0 0 0 0 0 0 0 0 13 0 0 0 0Ln Ln mFmLO 0 �°0 % r ti � % 0 0°° o 000000 0 0 q �n u? Fm- Fm— hm- °+n. 0 un t4 69 6- 00000 0 0 0❑ p❑ 0 080 0 m co � � LO N r' eA Q p p h C h h C 0 ti N N 0 (b h O Q N O N m m m CN N to O^0 %9 r- 04 °tea 0 °c°N CON C) o-- N 64 69 0 0a00 00 ❑8 000 Lo �Sg° o c`S 0 oon N CV � � CV N Q? � N N qN1 cn N lL LL 41 r�C a v •� U. to Z c,o N m ¢ ;� u. of m M o P, c 0 d ea N= w a ,E zn t CL 0 o E a ❑ o E o O A a. is oo 0 cn Q COL c a 0 cn co cn ca =EXHIB,IT,"C" f 1 f l SUPPLIER NUMBER TO BE ASSIGNED BY CITY- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI corpsus ti DISCLOSURE OF INTEREST Chri 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 applica le, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Martinez, Guy & Maybik, Inc. P. O. BOX: STREET ADDRESS: 6000 S. Staples St. Suite 207 CITY: FIRM IS: 1. Corporation 2. Partnership e 4. Association 5. Other Corpus Christi ZIP: 1 Sole Owner DISCLOSURE QUESTIONS If additional space is necessag,'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." Nm Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nam Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committeel. 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Na Consultant EXHIBIT "D" Page l of 2 78413 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: R (T Signature of Certifying Person: a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, .receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of March 19, 2013 ss Action Item for the City Council Meeting of March 26, 2013 DATE: March 1, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Signs /Signal Operations — New Shop and Office Facility Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos from Corpus Christi, Texas in the amount of $141,000, for Signs /Signal Operations — New Shop and Office Facility for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Chuck Anastos for Signs /Signal Operations — New Shop and Office Facility. BACKGROUND AND FINDINGS: This project proposes a new 20,520 SF facility to accommodate warehouse /garage, offices, common spaces, conference rooms, restrooms, and common break room requirements to accommodate Signs, Signals, Markings and Traffic Engineering personnel. This project includes one (1) overhead crane with a 25 -ton rating. This project also includes demolition of the existing sign shop building which is beyond repair. Chuck Anastos of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Chuck Anastos as proposed. 2. Do not execute the Contract for Professional Services with Chuck Anastos as proposed. OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 3 Service Center Complex Improvements approved by the community in the general election held on November 6, 2012. K: \ENGINEERING \LEGISTAR \MARCH 19 \SIGNS SIGNALS \MEMO -SIGNS SIGNALS. DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Chuck Anastos was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,500,000.00 $0.00 $2,500,000.00 Encumbered /Expended Amount This item $141,000.00 $141,000.00 Future Anticipated $2,175,000.00 $0.00 $2,175,000.00 Expenditures This Project BALANCE $184,000.00 $0.00 $184,000.00 Fund(s): Public Facility Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $141,000. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Chuck Anastos. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING \LEGISTAR \MARCH 19 \SIGNS SIGNALS \MEMO -SIGNS SIGNALS. DOCX PROJECT BUDGET ESTIMATE Signs /Signal Operations New Shop and Office Facility (Project No. E12110) Bond Issue 2012 Future Item March 19, 2013 Action Item March 26, 2013 PROJECT FUNDS AVAILABLE: Bond 2012 ........................................................................... ............................... $2,500,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... $1,704,545.45 Contingency ( 10%) ................................................................ ............................... 170,454.55 Consultant Fees: Architect (Chuck Anastos Associates) ....................................... ............................... 141,000.00 Geotechnical Study and Testing ( TBD) ....................................... ............................... 50,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 25,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 200,000.00 Finance............................................................................... ............................... 12,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 12,500.00 TOTAL................................................................................ ............................... $2,316,000.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $184,000.00 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 Chuck Anastos Associates. LLC, a Texas corporation, 901 S. Staples, Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Signs /Signal Operations — New Shop and Office Facility (Project No. E12110) BOND ISSUE 2012 — This project proposes a new 20,520 SF facility to accommodate warehouse /garage, offices, common spaces, conference rooms, restrooms, and common break room requirements to accommodate Signs, Signals, Markings and Traffic Engineering personnel. This project includes one (1) overhead crane with a 25 -ton rating. This project also includes demolition of the existing sign shop building which is beyond repair. 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. 4. INDEMNITY AND INSURANCE Contract for Engineering (A/E) Services Page 1 of 3 KIENGINEERING DATAEXCHMGE%VELMMSERVICE CENTEME12110 SIGNS SIGNAL OPS NEW SHOP OFFICE FACILITY%CONSULTANT CONTRACT CHUCK ANASTOSU CONTRACT PROFESSIONAL SERVICES DOC 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 $141,000.00. (One Hundred Forty One Thousand Dollars and Zero Centsl. 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.) 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 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. Contract for Engineering (A/E) Services Page 2 of 3 K�FNGINEERING DATAEXCHANGEIVELMAP%SERVICE CENTER%F12110 SIGNS SIGNAL OPS NEW SHOP OFFICE FACILITY%CONSULTANT CONTRACT CHUCK ANASTOSII CONTRACT PROFESSIONAL SERVICES.DOC 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, MA& Oscar R. Martinez, Date Chuck Anastos, A. 1. A. Assistant City Manager 901 S. Staples Corpus Christi, TX 78404 (361) 884-4422 Office RECOMMENDED (361) 884-4419 Fax Daniel Biles, P. E., Date Director of Engineering Services APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Project No. E12110 Fund Source No. 550950-3162-00000-El 2110 Fund Sonce Name Public Facility 2.013 GO Bond 2012 Encumbrance No. Im Was'' I ��WrZlt- in Contract for Engineering (AJE) Services Page 3 of 3 K+ENGINEERING DATAEXCHANGEIVELMAPYSERVICE CENTER%E121 I OS!GNS SIGNAL OPS NEW SHOP OFFICE FACILITYNCONSULTANT CONTRACT CHUCK ANASTOSIl CONTRACT PROFESSIONAL SERVICES DOC c h UCK n n fisTos A S S 0 C t A I I S , L L C Mt. Daniel 8,11(is, P8 Cm. Of Co" chligti PO Box 9217 Comms Christ TX '78480-92T7 Re: Proposal fbrthe A& E SeMces Wft New Sionsl Tteft Signgis Operations y> ¥; « + #2. Facifity City of Corpus chrildi 6»: »» » ° «0 EXHISIT"A" a q I of 3 £joZ "v" 1181HX3 otmaomm oado1 PAW 9 -9 oftdondwd40 'op V*W app as MW au GRAwd anus Woo ell '£ "mod UOPV4PWO uo 011119 111 W APM'-- P P ePVAA BB<l0 weW e41 Z loopim oq pqo *cvA Poo P "*bw OI AuWaid ap P BlgU=W m &WAUW ' M 'MId UOpe0 p sumo 0 JqA Wdej IsulpePW PUB AMM s &VnPiq UOPWM4 sp PaMbw as SWOW aal0 It ID 8311 ' A44q M"A4 "MmOftM eq amore WM app Pall Pafs Aqejoq 0111 (WM )o moos qw9 m Ved a lou -Mo Aq po"do -Nd A Aluo) Wft OW AAM40 M UOXMWM OWM *wm Jed 11sM op -(t) ow AloleulPMW SM Wsuulsd XV wopsBddV 9AWaWo pmojdOs Pus mWw Pws ' ;o ftmb ap SAM" of UqPMMM OUVnP ipuatu Jed Mp so -( &) ow Appwpmdde OM WM AVO eslAPe Pus IW PM *on wvjL"vcuw, papw o1jwW o wwwoo '4 WOOD p pme BaluUmm 000MUMMM opw Pus splq P!A PMV "MM kesoom awdW Pus wop mb M-wd as Mel+wll .9M p uaps;paos ul A110 ap MW ' Plq-wd ap ul opolaMsd WOM MMMOOV Mni X3 suopoWWB pus sduM p VWWS Pug &lPplq m1 suo mndg / ommoa uopon4uo0 %0% Pel� p 3wwum Pus #A") AMO p q AI se000ypedg / MUNWM UOPAMsW O %00& WUWM :wowM Pus M"W AWO JO) 0 / X00 X03 06 liW4nq M MW PUN sss*A #^Mj 0 AlPWsd dmo jean AW Pus P 40 ,LW PM :s�rolreoypsds uAI� olldWa� %ups %09 Psi XWB u4 s>MWMP PM PUB � :sums w OlPdn .IsAOjdds Pus #AMJ OALWO A) odd u0i O %09 *UqM Pwl da"ns0 :(Pall WJ. W l MWG 0 ap8f4s of �1�1) a�ld u0las0 'Z Pus ►Mwa uBlasP mll Pwlnbw so (sfsApaPtveeudvj jean 4m pus pe ft 'as le�U Pus *Imgw pw osawd AMlgl o=y PwelslNll Wo pm Pus SbPW WIu M kW �d Wwd :A bw x'101 Pus Wffmxqm anvo'm ftgpp B Sul vZON :ells is "M OupW &WA PRW Compensation for the above - described services shall be a flat A/E fee of One Hundred Forty One Thousand Dollars ($141,000.00.) Summary of AE Fees: Fee for Basic Services 1. Preliminary Phase 33,000.00 2. Design Phase 77,000.00 3. Bid Phase 1,000.00 4. Construction Phase 15,000.00 Subtotal Basic Services Fees $126,000.00 Fee for Additional Services 1. Warranty Inspection 1,500.00 2. Preparation of Record Drawing Set 2,000.00 3. Topographic Survey 4,500.00 5. Submission to TDLR 3,500.00 6. Public Art Design Coordination -TBD- 7. Landscape & Irrigation Plans 3,500.00 8. Supplemental Engineering / Construction Observation -TBD- Sub -Total Additional Services Fees $15,000.00 Total AE Fees $141,000.00 If you find this Proposal acceptable, we will submit the Exhibit A -1 (Task List), Preliminary Project Cost Estimate, A/E Fee and Time Schedule, and Exhibit B Disclosure Form for your use in preparation of the Contract. We are prepared to commence this Project immediately upon receipt of your approvayt6Wroceed. Chuck Anastds. AIA STATEMENT OF CERTIFICATION: The Texas Board of Architectural Examiners, PO Box 12337, Austin, Texas 78711, Telephone (512) 305 -9000, has Jurisdiction over complaints regarding the professional practices of persons registered as architects in the State of Texas. City Proposal Page 3 - 3 City of Corpus Christi Project SE12110 EXHIBIT "A" Pa e3of3 �gjlaavm= • Modify Program as directed by City. • Code Review — Meet with City for building code issues and utilities. I Develop floor plan layouts ) (deliverable). Develop site plan layout(s) (deliverable). Develop exterior elevabon(s) from floor / site plan (deliverable). Meet with City User Group and city staff to review exterior elevation studies. Upon approval of exterior elevation — refine design concept submission to include (deliverable). P 0 sox 3883 o Site Plan CORPUS CHRISTI 0 Floor Plan TEXAS 7 3 48 3 0 Exterior Elevations 0 Building Sections 901 S STAPLES o 3-D, Rendering (if authorized) CORPUS CHRISTI TEXAS 7 8404 MIBIT"A-1" TEL 3611884-4422 Page 1 of 5 FAX 3611884-4419 �st Rzjvis2on C)ee 2002, artastosaswciales.om o Outline Specifications — Materials Description Update Preliminary Cost Estimate (deliverable). Submit Design Memorandum Package for approval. • Communicate with bidders and sub-bidders. • Attend pre-bid conference. • Issue addenda a»¥<& »2 »: In advance of bid for City distribution. it Assist Owner in receiving bids and qualifications, and attend Bid Opening. EXHIBIT"A-1" Page 2 of 5 Lasl Revis*rl' Dcc 2004 Astist Owner in reviewing bids and qualifications, Perform post-bid value ongineoring analysis if project exceeds budgi II! III F I IIIIIIIIIi 11111111111,111 illiIiiiiiiiii WN: I I I, 1 "3111 ion �MMMW�� i i HI is u , " Page 4 of EXHIBIT "A4 " Page 5 of 5 Last Revisto n, -Dec 200,,�, ARCHITECTURE INTERIOR MEMO PC SOX 3662 CORPUS CHRISTI TEXAS 784411 001 S STAPLES CORPUS CHRISTI TEXAS 70104 TEL 3611004.6423 FAX S411804-4410 CHUCK ORISTOS ASSOCIATTS LLIt SCWRal1LR DAY DATE ACYNM VVadneaday 03 April 2013 Begin R&Fkary Design Phase Monday 08 May 2013 Design Memorandum Submission Friday 17 May 2013 City Review tUee*V Monday 20 May 2013 Begin Design phase Friday 28 .tune 2013 10096 Design Review &&Rbsbn Friday 12 .ray 2013 City Review �Aeedng Monday 29 Ady 2013 Final Design Stibmisdoe Mom► (2) ad+iertiae for Bids Ttm VYedRhu Pm.BM Conroe Wedneeday RaoeiMS Bids Y Begin Con*udan Sy Candnstion Compmm EMlOff "A-r P 1 Of 1 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury 4 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 "n3" Page 1 of K%Englnawng DaWExdhanG0 %VELMAPIFORMSICONTRACT PROFESSIONAL SERVICES B12012%CONSULTANT CONTRACT FORMS%4 EXHIBIT B INDEMNIFICATION - OCT 2010.doax 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 policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City 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 2 of 3 K%Enginoonng DataExchangalVELAMP %FORMS%CONTRACT PROFESSIONAL SERVICES B1201ZCONSULTANT CONTRACT FORMSM EXHIBIT B INDEMNIFICATION - OCT 201Ord= 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 3of3 K%Engineenng OataEx &ange %VELMAPIFORMSICONTRACT PROFESSIONAL SERVICES 8120121CONSULTANT CONTRACT FORMSA EXHIBIT B INDEMNIFICATION - OCT 2010.Qoex FA €rr m 4° o a44) m U) M m a- IX W Q Z to U W N :+ 0660 IL z CD W v 'O O > a > c a 0 V d V G IL c v c 'o H d 7 t) O '> 'O C a— O O E o> :W; v H O 0 N O z .O E r O z V E Q v C O LE N v U) N to m 0 O r 0 tOO 0 0 0 0 0 m 0 N 0 0 0 0 0 0 0 0 0 0 0 0 M 0 �- 0 N 0 0 00 O D O o 0 0 0 00_ l) m m 00 �° u° LO LO t°o t°o �� � � � °o OO O O o 000000 00 0 0 0 t09 H 0 to to I- I_ L 4� 6% 6% vl.� O� 0 000 00 o p p 0 o 00 too too o � to N r � O O O M O N w N m m m V to e! m O O 1� to N O %- to ti N ti CA TZ M M 40 � le N GA b04 %- 64). O O� � N O N � m m m 04 N CNO t- 0O O O O O j3 aim N O N fR EA CN m N O O .- O - r T- GH .- r EA r- ER — CV 69 CDC0000 0 0 0 p p p o 000 0 00_ °o 00_ °o m m 00 °0_ °o too t°o m OO_ CV N � � CV EH fa M N v to N %j N LL N l6 .W v C d CU 41 U- V t O Q. V d tN0 N cC U. M H a- w 'tA N t Z O ) 0 d m co M LL a� o E tm a y E Q o E n.omc)c� Qa� DEL cn (AmQE° - EXHIBIT "C" Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY7CrrY- PURCHASING DIVISION City v�rrii CITY OF CORPUS CHRISTI a DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Chuck Anastos Associates, LLC P. O. BOX: 3883 STREET ADDRESS: 901 South Staples Street CITY: Corpus Christi ZIP: 78463 -3883 FIRM IS: 1. Corporation ❑ 2. Partnership X 3. Sole Owner ❑ 4. Association 5. Other ❑ If additional space is necessar DISCLOSURE QUESTIONS y+, 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 "Earn." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of thepublic in eneral 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 knowinly withheld disclosure of any information req�/uejd; and that supplemental statements will be p ysubmitted to the City of Corpus Christi, Texas s c anges occur. Certifying Person: Chuck Anastos, A. I. A. (Type or Prim) Signature of Certifying Person: Title: President DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City full of Corpus Christi, Texas either on a or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. File : \ Mproject \councilexhibits \exhE12110.dwg -1 Aulcis 1?-Ay c� G 4 Shp Cho hqe/ IH37 / x cop,pus c pisV B.ny s� s PROJECT LOCATION o° �2 q Q- Rpgo /S � 4qNO CAYO DEL OSO SgRgTO �R Qv 0 Aso Creek LOCATION MAP NOT TO SCALE PROJECT #E12110 SIGNS /SIGNAL OPERATIONS - CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS NEW SHOP AND OFFICE FACILITY DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of March 19, 2013 ss Action Item for the City Council Meeting of March 26, 2013 DATE: February 19, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Health Department Building Parking Lot Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Urban Engineering from Corpus Christi, Texas in the amount of $64,200.00, for Health Department Building Parking Lot for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 6 Public Health Improvements). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Urban Engineering for Health Department Building Parking Lot. BACKGROUND AND FINDINGS: This project proposes the replacement of approximately 60,000 SF of asphalt drives and parking lots and approximately 10,000 SF of concrete sidewalks throughout the facility. This project also includes modifications to the dumpster area and replacement of 8 light poles. Urban Engineering of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Urban Engineering as proposed. 2. Do not execute the Contract for Professional Services with Urban Engineering as proposed. OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 6 Public Health Improvements approved by the community in the general election held on November 6, 2012. K: \ENGINEERING \LEGISTAR \MARCH 19 \HEALTH DEPT BLDG \AGENDA- HEALTH DEPT BLDG.DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the and City Policy. Urban Engineering was selected based upon qualifications, applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Health Department FINANCIAL IMPACT: Professional Procurement Act wide working knowledge of ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $150,000.00 $450,000.00 $600,000.00 Encumbered /Expended Amount This item $64,200.00 $64,200.00 Future Anticipated $85,800.00 $431,700.00 $517,500.00 Expenditures This Project BALANCE $0.00 $18,300.00 $18,300.00 Fund(s): Public Health and Safety Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $64,200.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Urban Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K: \ENGINEERING \LEGISTAR \MARCH 19 \HEALTH DEPT BLDG \AGENDA- HEALTH DEPT BLDG.DOCX PROJECT BUDGET ESTIMATE Health Department Building Parking Lot (Project No. E12125) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 .................................................................... ............................... $600,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ................................... ............................... 409,090.91 Contingency ( 10%) ......................................................... ............................... 40,909.09 Design Fees: Engineer (Urban Engineering) ......................................... ............................... 64,200.00 Geotechnical Study and Testing ( estimate) ......................... ............................... 7,500.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) . ............................... 6,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services ) ....................... 48,000.00 Finance....................................................................... ............................... 3,000.00 Misc. (Printing, Advertising, etc.) ....................................... ............................... 3,000.00 TOTAL........................................................................ ............................... $581,700.00 ESTIMATED PROJECT BUDGET BALANCE ..................... ............................... $18,300.00 exhL11115dwg Q>' ti IH37 IH37 W, POINT G s� 1 pqd F II, p LOCATION MAP NOT TO SCALE PROJECT #E12125 CITY COUNCIL EXHIBIT HEAL TH DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS BUILDING PARKING LOT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 AGNES 0 , , D V) co -, z � ° � o � > PROJECT p �Fq� Z LOCATION BEAR �9 V� W, POINT G s� 1 pqd F II, p LOCATION MAP NOT TO SCALE PROJECT #E12125 CITY COUNCIL EXHIBIT HEAL TH DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS BUILDING PARKING LOT 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 Urban Engineering, a Texas corporation, 2725 Swantner Dr., Corpus Christi, Nueces County, Texas 78404, (Arch itect/Eng i near — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Health Department Building Parking _Lot (Proiect No. E12125) BOND ISSUE 2012— This project proposes the replacement of approximately 60,000 SF of asphalt drives and parking lots and approximately 10,000 SF of concrete sidewalks throughout the facility. This project also includes modifications to the dumpster area and replacement of 8 light poles. 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. Contract for Engineering (A/E) Services Page 1 of 3 KAENGINEERING DATAEXCHANGEMMEMSPUBLIC HEALWE12M HEALTH DEPT BUILDING PARKING LOT41 CONTRACT PROFESSIONAL SERVICES.DOC 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 AIE a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $64,200.00, (Sixty Four Thousand Two Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit 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.) 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 AIE 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. Contract for Engineering (A/E) Services Page 2 of 3 MENGINEERING DATAEXCHANGEIANGIEWPUBLIC HEALTH%E12125 HEALTH DEPT BUILDING PARKING LOTH CONTRACT PROFESSIONAL SERVICES.DOC I ' � 9. OWNERSHIP OF DOCUMENTS ``1 X111 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. CITY OF CORPUS CHRISTI URB ENG ER Oscar R. Martinez, Date Eugerfe C. Urban, Jr.,?/`E. Date Assistant City Manager Principal 2725 Swantner Dr. RECOMMENDED Corpus Christi, TX 78404 Q4zq�� (361) 854 -3101 Office 3�7�/3 (361) 854 -6001 Fax Daniel Biles P. E., Date Dir or Engin ering Services 3. v. i3 Annette Rodriguez, Date Director of Public Health APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Health Department Building Parking Lot (Project No. E121251 ENTERED MAR 1 2013 CONTRACT MANAGERS Department Fund Source No. Amount Public Health & Safety CIP Bond Issue 2012 550950- 3366- 00000- E12125 $64,200.00 Total $64,200.00 Encumbrance No. Contract for Engineering (AIE) Services Page 3 of 3 KAENGINEERING DATAEXCHANGEVINGIEWPUBLIC HEALTH1E12125 HEALTH DEPT BUILDING PARKING LOTH CONTRACT PROFESSIONAL SERVICES.DOC � o uRSAN ENGINEERING February 28, 2013 Mr. William J. Green, PE Assistant Director City of Corpus Christi - Engineering Services PA, Box 9277 Corpus Christi, Texas 78469 -9277 SUBJECT: Health Department Building Parking Lot (Bond Issue 2012) (Project No. E12125) Dear Mr. Green, Please accept this letter as our proposal to perform the professional services desired at the subject project. The scope as we understand it includes rehabilitating selected parking lot areas, sidewalks and replacement of the dumpster area paving with new concrete paving. It Is understood that the total funds available for design, construction and administration for completion of the project are $600,000.00 of Services: 1. Preliminary Phase • Verify and identify existing parking lot pavement conditions within the areas designated to be rehabilitated in the bond project data provided by the City.. [City will provide record information and data as available from City Engineering files.] • Field - verify and meet with Facility and City staff in order to determine sidewalks that are in most critical need of replacement or modification and also discuss lighting issues to determine the scope of any additional lighting in the existing parking lot. • Perform a Topographic Survey to include spot elevations on an approximate 50 foot grid in the proposed parking lot areas proposed for rehabilitation plus sidewalk areas as required to determine grading information for the proposed improvements • Review previously developed sketches, concepts and any available records available from the City. • Provide a conceptual plan of areas to be rehabilitated including proposed pavement sections for asphalt and concrete alternatives, sidewalks and a preliminary opinion of probable cost to more specifically identify scope for design phase. • Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www,urbaneng.com TBPE Firm #145 FAX (361)854 -6001 EXHIBIT "A" Page 1 of 4 2. Design Phase • Develop and submit for review a 60% set of plans, (no specifications or bid documents) with layout of the plans in the City of Corpus Christi's preferred format, • Submit one (1) set plans to the City of Corpus Christi for review and comment plus a copy in an approved electronic format, • Develop and submit an opinion of probable construction cost for the project improvements. • Hold a project review meeting with City Staff to review and receive City comments. • Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon written Notice to Proceed. + ComPlete._and submit a 100% complete set of construction drawings, plans, details, contract documents, technical specifications, and bid documents in accordance with the City of Corpus Christi.'s preferred standard format. Provide the marked -up 60% review set so the City may determine that the comments were incorporated into the 100% set. • Provide the final opinion of probable construction cost. • Provide final alternative bid items that may be needed to ensure that the lowest responsible bid is within budget. • Fumish the City with both a reproducible set of plans with specifications and bid documents for the bidding process, as well as the full documents In electronic format. • Prepare and submit documents to regulatory agencies having jurisdiction in this case TOM for review. Any permit fees shall be paid by the City of Corpus Christi directly or reimbursed to the A/E. 3. Bid Phase • Attend the pre -bid conference chaired by City and assist City in defining, clarifying, and responding to bidder questions with respect to project design, specifications, materials, and methods. • Prepare addenda, in preferred City format, necessary to inform contractors of modifications and clarifications prior to bid date. The City's Engineering Services will distribute any addendum. • Attend the bid opening, tabulate bids according to the City Engineering Services preferred standard format, and make recommendations concerning award. 4. Construction Phase • Attend and participate at the pre -bid and pre - construction conferences, which will be chaired by Engineering Services. + Review and approve any required contractor's submittals. • Make periodic visits to the site and confer with City's Construction Inspector and/or Contractor to observe the progress and quality of work, and to determine, in general, whether the work is accordance with project design. • Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. • Review the contractor's progress payment request and approved schedule of work before submission to the City for processing. Page 2 of a Proposal — Health Department Parking Lot (Bond Issue 2012) EXHIBIT "A" (Project No. E12125) Page 2 of 4 • Coordinate necessary change orders during the process of the work. City will prepare and process all change orders. • Provide record drawings, in electronic format, of the project. • Conduct a "final inspection" with City and Contractor, and make a recommendation concerning final acceptance. • Conduct a maintenance guaranty inspectiop prior to the end of the one year warranty period from acceptance of the project. Provide a written punch list of any defective items and provide to contractor and City. Schedule: Date Activity April 16 2013 INTO Ma 31 2013 Preliminary Design Submittal June 14 2013 City Review August 9 2013 60% Design Submittal August 23, 2013 City Review October 11, 2013 100% Final Submittal October 28 & November 4 2013 Advertise for Bids November 6 2013 Pre -Bid Conference November 13 2013 Receive Bids December 10 2013 Contract Award Janu . Ary 6 2014 Be in Construction June 30 2014 Complete Construction Summary of JE Fees Basic Services Fees 1. Preliminary Phase $14,0.00.00 2. Design Phase $32,000.00 3. Bid Phase $3,000-00 4. Construction Administration Phase $6,000.00 Subtotal Basic Services Fees $65,000.00 Additional. Services Fees 1. Permit Preparation a. ADAITDLR $1,500-00 2. Topographic Survey $6,500.00 3. Construction Observation Services To be Determined 4, Warrant Phase $1,200.00 Subtotal Additional Services Fees Authorized $9,200 0 Total Authorized Fee $64,200.00 Page 3 of 4 Proposal — Health Department Parking Lot {Bond issue 2012} EXHIBIT "A" (Project No. E12125) Page 3 of 4 We propose to perform the above stated services for the fees indicated. Any additional work can be completed upon your request at our hourly billing rates attached. Exhibit A -1 is attached itemizing the proposed tasks we have identified for the project. if the above is acceptable, please prepare an AE Contract for signatures. Should you have any questions, please let us know. Sincerely, UR,WA/N ENG C. Urban, Jr., P. Page 4 of 4 Proposal — Health Department Parking Lot (Bond Issue 2012) EXHIBIT "A" (Project No. E12125) Page 4 of 4 EXHIBIT A -1 TASK LIST HEALTH DEPARTMENT PARKING LOT (BOND ISSUE 2012) (PROJECT NO. E12125) A. BASIC SERVICES 1. Preliminary Phase A. Scope of Geotechnical Testing Requirements to City's Geotechnical Consultant. B. Staff Meetings - Attend and participate in project kick off meeting, and planning meeting with City and Facility Staffs to determine which parking areas are most critical and sidewalks most heavily used needing repair and areas with deficient lighting. C. Review & Investigation of Available Records D. Identify Results of Site Field Investigation Recommend necessary survey work to evaluate existing conditions and utilize in design. E. Provide a conceptual plan of areas to be rehabilitated including proposed pavement sections for asphalt and concrete alternatives, sidewalks, lighting and a preliminary opinion of probable cost to more specifically identify scope for design phase. F. Hold review meeting with City Staff to receive and review comments on Preliminary Submittal. 2. Design Phase A. Refine and Verify Conceptual Plan B. Develop and submit for review a 60% set of plans, (no specifications or bid documents) with layout of the plans in the City of Corpus Christi's preferred format C. Preliminary Plan Sheets D. Prepare Estimated Quantities and Estimates of Probable Costs E. Hold review meeting with City Staff to receive and review comments on 60% submittal. F. Provide Final Plans and Bid Documents (100 %) G. Assimilate All Review Comments, Modifications, Additions /Deletions and Proceed to Bid Phase, Upon Notice to Proceed from the City Engineer EXHIBIT A -1 Page 1 of 3 , ,. H. Upon Approval, Provide One (1) Set Final Plans and Contract Documents and Provide One (1) Electronic Copy I. Submit Monthly Status Reports J. Provide Storm Water Pollution Prevention Plan 3. Bid Phase A. Participate in Pre -Bid Conference and Provide Recommended Agenda B. Assist City in Solicitation of Bids C. Review All Pre -Bid Questions and Submissions D. Attend Bid 'Opening E. Revisions to Bid Documents F. Provide Letter to City Engineer on giving AIE's Recommendation to whom to Award the Project to 4. Construction Phase A. Participate in Pre- Construction Meeting B. Review Shop and Working Drawings C. Provide Testing Schedule and Review Field and Laboratory Tests D. Provide Interpretations and Clarifications of Contract Documents E. Periodic Visits to Site of Project (two per month minimum) F. Review Progress and Quality of Work to determine in general whether work is in accordance with Project Design G. Prepare Change Orders as authorized by City H. Review and Recommend Contractor's Monthly Construction Pay Estimates I. Make Final Inspection with City Staff J. Review Construction "Red- Line" Drawings, Prepare Record Drawings B. ADDITIONAL SERVICES 1.1 Permitting A. 'NPDES Permit: Prepare NPDES Permit and include with specifications. Contractor shall be responsible for submission of the document to the appropriate authorities and providing all documentation. EXHIBIT A -1 Page 2 of 3 B. Texas Department of Licensing & Regulations: AIE will coordinate with a local Registered Accessibility Specialist for any ramps or accessible routes required, and submission of Application as required, 1.2 Topographic Survey Provide limited design surveys with sufficient detail to facilitate design of improvements and preparation of construction drawings. 1.3 Construction Observation Services — To be Determined 1.4 . Warranty Phase , 1 . '.0 EXHIBIT A -1 Page 3 of 3 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICEWCONSULTANT 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$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 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. EXHIBIT T Page 1 of 3 KAEnginee6mg DataExchengelANGIEWPUBLIC HEALTH4E12125 HEALTH DEPT BUILDING PARKING LOTl4 EXHIBIT B INDEMNIFICATION -OCT 2010.docx 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" Pa e3of3 K:hEngineering DataExchangMANGIEWPUBLIC HEALTWE12125 HEALTH DEPT BUILDING PARKING LO-R4 EXHIBIT B INDEMNIFICATION -OCT 2010.doex � V . W a Z co i— C) —3 Wr ed O Z o (L >> J C C aa_ �O V c P. d Q E a O 0 v o �� C = 0 O v .� �0 i = a- O' a= V 1— p V N C z T E 4 T C Z Z E 4 R i L O O O 0 O LO O O 0 0 1.01 O 1.01 O 4 00 O O LO O O O M 0 0 0 0 0 00C)C)00000 0� ca � 0 O °a 0 00 o C CL O O V 0 O 4 m O LO LO LO LO 0 0 0 0 0 00 O C7 0 0 ❑❑ Q 0 0 6c, O O O LO U) LO LC) T T T T 0)0000«0 Oo0o0 ❑ ❑O m m LO LO °a � to � H f- T i-. CO CD to O r O O T O V Q❑ �L! r tp t0 T r w O !R r C) 0) m G) O CA 0) r 00 T r 0 0 N m M T M �F F" N r M M � N r 11� W) 0:) {g 6f} Hg is� 6R 00 0 0 0 0 C) 0 0 0 0❑ p p C) 0 O 0 H F- 0 00000CD0000❑❑ 0) C C) ) � c I" I- l� 00 O (0 O T 0 0 C) 11 ❑❑ CTO O dg 0 0 0 0 0 0 OTO O 0 N F- c? T ch d U') O 06- T 0 N L � LO M 00 V } 69- m C m� U w N cU U H CO V � O p c o �, C: U E ❑ O 'a CL Oil. p6 Q Co N m aa� AFL 0U)in 1. I -.fir N U? N LL H N co L- LL u1 i O .8 ) LL 0 O O U �+ r m -a O 0 m < EXHIBIT "C" Page I of 7 N N CA H cN4 s t� d .4) c 0� ca � �L 0 a V o o C CL O O V V1 O O 4 N cU U H CO V � O p c o �, C: U E ❑ O 'a CL Oil. p6 Q Co N m aa� AFL 0U)in 1. I -.fir N U? N LL H N co L- LL u1 i O .8 ) LL 0 O O U �+ r m -a O 0 m < EXHIBIT "C" Page I of 7 SUPPLIER NUMBER TO HE ASSIGNED BY -CiT'Y PURCHASING DIVISION City~ CITY OF CORPUS CHRISTI of Corpus DISCLOSURE OF INTEREST chnst1 city of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with'tile Clry to provide the followiq information. livery question must be answered. if t116 gL1e5tlon is not applicable, answer with 'NA ". See reverse sue for Piling Requirements, Certifications and defilllttolls. COMPANY NAME: Urban Engineering P. O. BOX: STREET ADDItESS: 2725 Swuntner CITY: Corpus Ghrisli m: 7$404 FIRM IS: I. Corporation 2. Partnership � 3. Sole Owner [] d. Association ! �1 S. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1, State file names of eaell `employee" 01' the City of Corpus Cbrlsti havill� all '`ownership interest" constituting 3% or more of the [ ownership ill the above 11t1111ed "firm.' Name .fah Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi (laving all "ownership interest" constituting 3% or more of file ownership in the above named "firm." Name Title 3. Stine 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 A. State the names of each employee or officer of it "consultllm" for the city of Corpws Christi who worked oil any matter related to tilt subject of this contract and has an ` ownership interest" constituting; 3% or more of the ownership in the above named "tirltl." Nanlc Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is appparent. 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: Eugene C. Urb n, Jr., P.E. Title: Principal (Type or Print) Signature of Certifying Date: Person: DEFINITIONS ?, sr'- 15 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 1852 Action Item for the City Council Meeting of March 26, 2013 DATE: March 19, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ike cctexas.com (361) 826 -3169 Floyd Simpson, Chief of Police floods _cctexas.com (361) 886 -2604 Veterinary Services CAPTION: Motion approving a professional services agreement with Melissa Draper, DVM, Corpus Christi, Texas for veterinary services for an estimated annual expenditure of $100,000.00, of which $33,333.33 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012- 2013. PURPOSE: The Contractor will provide professional veterinary services at the City's Animal Care Center. BACKGROUND AND FINDINGS: From September 2007 through June 2012, the City secured professional veterinary services from Thomas House, DVM. Since Dr. House's departure, the City has utilized the services of Melissa Draper, DVM on a temporary basis. The professional services agreement recommended herein secures the services of Melissa Draper, DVM on a contract basis. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: When the City's compensation and classification plan is revised, the City may consider hiring Dr. Draper as an employee. 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: Police 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 $36,320.49 $66,666.67 $102,987.16 Encumbered / Expended Amount $2,987.16 $0.00 $2,987.16 This item $33,333.33 $66,666.67 $100,000.00 BALANCE $0.00 $0.00 Fund(s): General Fund Comments: The $33,333.33 financial impact shown expenditures that will be encumbered through the end $66,666.67 for the last eight months of the contract will 2013/2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement above represents four months of of this fiscal year. The remaining be requested during the normal FY CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN INIZI►Ti DESCRIPTION One -year professional services agreement for veterinary services. PRICE SHEET BI- 0136 -13 VETERINARY SERVICES Melissa Draper, DVM Corpus Christi, TX UNIT EXTENDED QTY. PRICE PRICE $100,000.00 1 $100,000.00 TOTAL: $100,000.00 SERVICE AGREEMENT Service Agreement No. (Not an Employment Contract) THIS PROFESSIONAL VETERINARY SERVICES CONTRACT (this "Agreement ") is entered into by and between Melissa Draper, DVM (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide PROFESSIONAL VETERINARY SERVICES; WHEREAS the City has selected Contractor on the basis of demonstrated competence and qualifications to perform the services, and for a fair and reasonable price; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide PROFESSIONAL VETERINARY SERVICES. Contractor agrees to provide professional veterinary services, including but not limited to surgical sterilizations, examinations, vaccinations, inspections, and maintenance of records, including a drug log at the City's Animal Care Center located at 2626 Holly Road, Corpus Christi, Texas and at off -site locations. The City shall not control the means and methods of Contractor providing professional veterinary services. a. In conjunction with the City's Animal Care Division, the Contractor shall maintain a federally required drug log of all scheduled drugs dispensed and the number and type of animals the Contractor sterilizes when working in the Clinic. The City will not control the means and methods of maintaining said drug log. b. Before activities can begin under Agreement, Contractor must furnish to the Procurement Manager the following: copy of valid license to practice veterinary medicine in the State of Texas; ii. copy of Drug Enforcement Administration License; iii. copy of valid State of Texas Class C driver license; iv. proof of the insurance required herein. 2. Fee for Service. Contractor shall be paid a biweekly amount of $3,846.15, the first and last month of which shall be prorated based on the number of days worked in the month. The City shall issue payment to the Contractor via U.S. Mail on the first Friday of each month for veterinary services rendered in the previous month. Should the first Friday of a month fall on a City- recognized holiday, City shall issue payment to Contractor via U.S. Mail on the first City- recognized business day thereafter. If required by the City, Contractor shall maintain time records in a manner approved by the City. This fee for service includes any and all costs requisite to the provision of services described herein, including, but not limited to: insurance and travel. Items necessary to perform professional veterinary services include, but are not limited to: instruments, medicine and anesthesia shall be furnished by the City. 3. Appropriation. This Agreement may be terminated by the City if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. The City's decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Contractor as final. 4. Term. This Agreement commences on the latest date signed by the signatories hereto and is in full force and effect for a period of twelve (12) months with an option to extend for up to two (2) additional twelve -month periods, subject to the approval of the City Manager or designee. 5. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Animal Care /Control Program Manager. 6. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. The City shall not control the means and methods of Contractor providing professional veterinary services. 7. Insurance. Before activities can begin under this Agreement, Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverage to the Procurement Manager and the City's Risk Manager. Additionally, the Certificate must state that the City will be given at least 30 days notice of cancellation, material change in the coverage, or intent not to renew any of the policies by certified mail. 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. Insurance requirements are attached and incorporated as Exhibit A, and may be revised annually by the City Manager upon 30 days written notice to Contractor. 8. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 9. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 10. Waiver. No waiver of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 11. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 13. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 14. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified herein. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work -days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City or Contractor may terminate this Agreement, with or without cause, upon 30 days written notice to the other. However, City may terminate this Agreement on 24 -hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 15. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 16. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 17. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence policy. 18. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Procurement Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 361- 826 -3174 IF TO CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: _ Fax No.: - - 19. Quantities. The quantity of services required under the terms of this agreement are estimates and do not obligate the City to order or accept more than the City's actual requirements during the Agreement, nor do the estimates limit the City to ordering less than its actual needs during the Agreement, subject to availability of appropriated funds. CONTRACTOR AGREES TO 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 CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. SIGNED this March day of 14 , 2012 CITY OF CORPUS CHRISTI SIGNED this Michael Barrera Assistant Director of Financial Services Contractor: V Signature Name: Melissa D Draper DVM Title: Veterinarian day of 20 Incorporated herein forever by Reference: Exhibit A: Insurance Requirements Exhibit B: Release of Liability and Covenant Not To Sue Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of March 19, 2013 1852 Action Item for the City Council Meeting of March 26, 2013 DATE: March 19, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Dan Biles, Director of Engineering Services an cctexas.co (361) 826 -3729 Aluminum Traffic Signs CAPTION: Motion approving a supply agreement with Custom Products Corporation, Jackson, Mississippi for aluminum traffic signs in accordance with Bid Invitation No. BI- 0097 -13 based on lowest responsible bid for an estimated annual expenditure of $133,994.55, of which $44,664.85 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Traffic Engineering FY 2012 -2013. PURPOSE: These traffic signs will be installed throughout the City to control traffic. BACKGROUND AND FINDINGS: All extensions to the previous supply agreement have been exercised, thus requiring the City to issue a new Bid Invitation. Specifications and estimated quantities were developed in cooperation with Traffic Engineering. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Traffic Engineering 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 $283,516.20 $89,329.70 $372,845.90 Encumbered / Expended Amount $51,526.72 $0 $51,526.72 This item $44,664.85 $89,329.70 $133,994.55 BALANCE $187,324.63 $187,324.63 Fund(s): Street Fund Comments: The $44,664.85 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $89,329.70 for the last eight months of the contract will be requested for next fiscal year during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI- 0097 -13 ALUMINUM TRAFFIC SIGNS ITEM DESCRIPTION QTY I UNIT Approximately 4,700 each Traffic Signs to include Stop, 1 Yield, Speed Limit, Directional, 1 lot Parking, and School Zone. n Products Corp. Vulcan Signs Patl )n, MS Foley, AL San EXT EXT PRICE PRICE $133,994.55 $134,732.60 k Traffic Products Rocal, Inc. American Signal 'cos, TX Frankfort , OH San Antonio, TX EXT EXT EXT PRICE PRICE PRICE $152,211.25 $158,959.10 $186,310.00 Cyr AGENDA MEMORANDUM oPOa EO Future Item for the City Council Meeting of March 19, 2013 1852 Action Item for the City Council Meeting of March 26, 2013 DATE: March 19, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Valerie H. Gray, Director of Storm Water and Street Operations valerie scctexas.com (361) 826 -1875 Bergkamp Flameless Pothole Patcher Trucks CAPTION: Motion approving the lease- purchase of two (2) Bergkamp Flameless Pothole Patcher Trucks from Freightliner of Austin, Austin, Texas for a total amount of $277,074.00. 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 the Street Department to repair City streets. BACKGROUND AND FINDINGS: These units will be replacement units. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease- purchase of the Bergkamp Flameless Pothole Patcher Trucks is based on a sixty -month term with an estimated interest rate of 1.89% for an annual payment of $58,117.98. The total estimated cost over the five -year period, including principal of $277,074.00 and interest of $13,515.89, is $290,589.89. Funding is available through the Street 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: Street 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 $779,014.98 $280,903.57 $1,059,918.55 Encumbered / Expended Amount $581,737.05 $0 $581,737.05 This item $9,686.32 $280,903.57 $290,589.89 BALANCE $187,591.61 $187,591.61 Fund(s): Street Fund Comments: The $9,686.32 financial impact shown above represents two (2) months of payments that will be encumbered through the end of this fiscal year. The remaining $280,903.57 for the last fifty -eight (58) 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 ITEM DESCRIPTION Bergkamp Flameless Pothole Patcher, M2 106 Freightliner Chassis, 250 HP Cummins Engine, Automatic Transmission, Hopper, Compactor, and Controls. TLGPC CONTRACT NO. 358 -10 PRICE SHEET BERGKAMP FLAMELESS POTHOLE PATCHER TRUCKS Freightliner of Austin Austin, Texas UNIT EXTENDED QTY.1 UNIT PRICE PRICE 2 1 Each $138,537.00 $277,074.00 TOTAL: $277,074.00 G� ® AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 DATE: March 19, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ike cctexas.co 361- 826 -3169 Valerie H. Gray, Director of Storm Water and Street Operations valeriegpcct exas.co 361- 826 -1875 Two Asphalt Crack Sealing Machines ::1 CAPTION: Motion approving the lease purchase of two (2) asphalt crack sealing machines (trailer mounted) from Crafco Texas, Inc., of San Antonio, Texas for a total amount of $96,740.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. These units are replacements to the fleet. Funds for the lease purchase of the machines will be provided by the City's lease purchase financing program. PURPOSE: The asphalt crack sealing machines will be used by the Street Department to repair /seal cracks on the asphalt pavement surface. The asphalt crack sealing machines heat and melt asphalt sealant material which is then applied on pavement cracks, filling and sealing the cracks, thus extending the life of the pavement surface. BACKGROUND AND FINDINGS: Crack sealing is considered a cost effective preventive maintenance pavement treatment. Sealing pavement cracks protects the underlying base and subgrade from moisture intrusion which cause pavement deterioration and premature pavement failure. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The crack sealing machines will be funded for a sixty -month period with an estimated interest rate of 1.89 %. The actual interest rate will be determined after acceptance of the machines. The estimated annual payment is $20,291.88. Total estimated cost over the sixty -month period, including principal of $96,740.34 and the interest of $4,719.06 is $101,459.40. 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: Street 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 $779,014.98 $96,386.43 $875,401.41 Encumbered / Expended Amount $581,737.05 $581,737.05 This item $5,072.97 $96,386.43 $101,459.40 BALANCE $192,204.96 $192,204.96 Fund(s): Street Fund Comments: The $5,072.97 financial impact shown above represents three months of payments that will be encumbered through the end of this fiscal year. The remaining $96,386.43 for the fifty seven 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: MARCH 26, 2013 ITEM DESCRIPTION Asphalt Crack Sealing Machine, trailer mounted, pump, burner and applicator wand. PRICE SHEET BUYBOARD CONTRACT NO. 345 -10 ASPHALT CRACK SEALING MACHINE CRAFCO TEXAS, INC. San Antonio, Texas QTY.1 UNIT I PRICE I PRICE 2 1 Each 1 $48,370.17 1 $96,740.34 TOTAL: $96,740.34 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 1852 Action Item for the City Council Meeting of March 26, 2013 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution supporting the application of Texas A &M University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. CAPTION: Resolution supporting the application of Texas A &M University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. PURPOSE: The purpose of the resolution is to demonstrate to the FAA that Corpus Christi fully supports the selection of Texas' application, specifically, the application of Texas A &M University- Corpus Christi on behalf of the State of Texas. BACKGROUND AND FINDINGS: On February 14, 2013, the Federal Aviation Administration (FAA) solicited proposals from state and local governments, eligible universities and other public entities to develop six unmanned aircraft systems (UAS) research and test sites around the country. Through the FAA Modernization and Reform Act of 2012, Congress directed the FAA to establish this program to conduct critical research into how best to safely integrate UAS systems into the national airspace over the next several years and what certification and navigation requirements will need to be established. Texas A &M University- Corpus Christi is working with Governor Rick Perry and other institutions of higher education in Texas to submit an application to be selected as one of the six test sites. Applicants have 80 days to submit their research and test -site proposal to the FAA. The FAA anticipates selection of the six test sites will occur later this year. The expanded use of UAS represents a major next step in aviation innovation and will present economic opportunities both for the communities that are selected for this pilot program and for the aerospace industry in general. Texas A &M University – Corpus Christi has been developing research on the UAS industry at the Conrad Blucher Institute; the country's largest endowed geospatial information systems research institute, and using the University's certificate of authorization (COA) which provides permission to use airspace. The test site would research and advise on issues concerning the use of UAS in the national airspace. These issues include security of GPS systems, laws and policies regulating the potential for high UAS traffic, and how the military and civilian will share airspace. The creation of the test site brings the potential for new businesses in this field to come to the Coastal Bend region. According to a recent National Public Radio News report, the FAA estimates there could be as many as 10,000 drones flying over the U.S. by the end of the decade — doing everything from cargo delivery to law enforcement to news gathering. Part of this process involves helping the FAA address a number of unanswered questions – how UASs communicate with air traffic control, airplanes and other UASs? When and where UASs can fly? How will personal privacy be protected? In the Feb. 14 RFP, the FAA requested public input into FAA efforts to ensure that privacy questions surrounding the pilot program are properly addressed. The FAA's proposed privacy approach emphasizes transparency, public engagement and compliance with existing law. Under the FAA privacy proposal each test site operator must ensure that its privacy policies are informed by Fair Information Practice Principles, a widely accepted framework of privacy principles at the core of numerous federal and state privacy laws. The privacy proposal is available today on the FAA's website – Federal Register __quest for Comment (Copy nly) (P ). The FAA technical evaluation of submitted proposals will include consideration of geographic diversity, climatic diversity, location of ground infrastructure and research needs, population density and air traffic density, as well as specific goals and objectives to be accomplished. ALTERNATIVES: The City Council has three options: (1) Approve the resolution of support; (2) Oppose the resolution of support, or (3) Take no action. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY /NON- EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: City Attorney, Economic Development, Assistant City Manager for Business Support 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 Encumbered / Expended Amount This item BALANCE Fund(s) Comments: None RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Council Resolution FAA press release Press Release — FAA Announces Request for Proposals For Unmanned Aircraft S... Page I of 2 Feidieral Aviation Administration Press Release — FAA Announces Request for Proposals For Unmanned Aircraft Systems Research and Test Sites February 14, 201 Contact: Laura J. Bro WASHINGTON — The Federal Aviation Administration (FAA) today solicited proposals from state and local governments, eligible universities and other public entities to develop six unmanned aircraft systems (UAS) research and test sites around the country. Through the FAA Modernization and Reform Act of 2012, Congress directed the FAA to establish this program to conduct critical research into how best to safely integrate UAS a The expanded use of UAS represents a major next step in aviation innovation and will present economic opportunities both for the communities that are selected for this pilot program and for the aerospace industry in general. The introduction of these systems into the airspace will also require ensuring that privacy is appropriately protected. Today, the FAA is requesting public input into FAA efforts to ensure that privacy questions surrounding the pilot program are properly addressed. The FAA's proposed privacy approach emphasizes transparency, public engagement and compliance with existing law. "Our focus is on maintaining and improving the safety and efficiency of the world's largest aviation system," said Transportation Secretary Ray LaHood. "This research will give us valuable information about how best to ensure the safe introduction of this advanced technology into our nation's skies." "We expect to learn how unmanned aircraft systems operate in different environments and how they will impact 9.ir traffic operations. The test sites will also inform the agency as we develop standards for certifying unmanned .?ircraft and determine necessary air traffic requirements," said FAA Administrator Michael Huerta. The FAA technical evaluation of submitted proposals will include consideration of geographic diversity, climatic diversity, location of ground infrastructure and research needs, population density and air traffic density, as well as specific goals and objectives to be accomplished. The combined attributes across the test sites should provide the appropriate environment and opportunities to test UAS, although, each test site will not have to 741MMEMIMM= Along with the test site selection process, the FAA is sending a notice to the Federal Register asking the public to review the draft privacy language and provide comments. The FAA will consider all comments submitted as i develops the final privacy requirements. These requirements will be included in the agreements between the te sites and the FAA. The privacy proposal is available today on the FAA's website — Federal Register Request fo Comment (Copy Only) (PDF)(http://www.faa.gov/about/initiatives/uas/media/UASTS—RFC—FR—notice-2-14-2013.pdf) . I http://www.faa.gov/news/press releases/news—story.cfm?newsld=14313 2/28/2013 Press Release — FAA Announces Request for Proposals For Unmanned Aircraft S... Page 2 of 2 It I -IT a CjLpl oVos a e o.Tela 11 S 411-ITacj7�o IT Pair Information Practice Principles, a widely accepted framework of privacy principles at the core of numerous federal and state privacy laws. Prior to the close of the Federal Register comment period, the FAA will host an online listening session to solicil .?dditional comments • the proposed privacy approach. The agency will publish a notice providing details for t listening session sufficiently in advance with full details. I The request for comments on the proposed UAS test site privacy approach, including instructions for filing comments, will be published in the Federal Register and the public will have 60 days to comment. The FAA will post all comments it receives, without change, to: http://www.regulations.gov, including any personal information the commenter provides. [111101=5112TW WW� I M This page can be viewed online at: http://www.faa.gov/news/press—releases/news_story.cfm?newsld=14313 http://www.faa.gov/news/press releases/news—story.cfm?newsld=14313 2/28/2013 RESOLUTION Supporting the application of Texas A &M University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. WHEREAS the State of Texas and the City of Corpus Christi promotes economic development for the benefit and well -being of its citizens; and WHEREAS the state's aviation industry is poised for rapid growth in the area of unmanned aircraft systems (UAS); and WHEREAS the Federal Aviation Administration (FAA) announced its intention to develop policies, rules and regulations for integrating UAS into the national airspace; and WHEREAS the FAA, in furtherance of its goal, has announced it will designate six states as UAS test ranges for the purpose of developing technologies, policies and procedures that will safely integrate UAS into the national airspace; and WHEREAS Texas' research capacities are wholly sufficient to provide technical development to meet FAA requirements; and WHEREAS Corpus Christi's natural resources -- its airspace, its coastline and its uncluttered landscape -- lend themselves to meeting FAA requirements; and WHEREAS Texas' industrial resources are poised to utilize UAS technologies and capacities, which will promote significant economic growth across the state; THEREFORE, be it resolved, that the City of Corpus Christi express strong support for any and all efforts by state offices, agencies and institutions, especially the Office of the Governor, the Texas A &M University System, the Texas Engineering Experiment Station and Texas A &M University - Corpus Christi, to pursue FAA designation for Texas as a UAS test range; and, THEREFORE, be it further resolved, that the City of Corpus Christi commend these offices, agencies and institutions for their diligent effort and tireless support in securing such a designation by the FAA to promote economic growth for the State of Texas and Corpus Christi and the well -being of its citizens. This resolution takes effect upon City Council approval on this the day of 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary FAA Resolution 2 -28 -2013 Nelda Martinez Mayor Page 1 of 2 Corpus Christi, Texas of 2013 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 FAA Resolution 2 -28 -2013 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 852 Action Item for the City Council Meeting of March 26, 2013 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Grant application for Summer Food Program CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. PURPOSE: In order to provide certain services associated with the City's Summer Recreation Programs, the City Council must approve a resolution to apply for the Summer Food Service Program Grant from the Texas Department of Agriculture in the amount of $250,000. Last year 27 locations participated in the Summer Food Service Program and this year it is anticipated that the same amount will return for this program. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. Texas Department of Agriculture Special Nutrition Division provides grant funds for the Summer Food Program. There is no grant cash match required. ALTERNATIVES: Do not approve grant application OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required to apply for the Summer Food Service Program grant, appropriate grant funds and authorize the City Manager or designee to execute all related contracts and documents for the 2013 Parks and Recreation Department Summer Recreation Programs. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 approval LIST OF SUPPORTING DOCUMENTS: Resolution Page 1 of 2 Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager, or designee, is authorized to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a summer food service program for summer recreation program participants ages one to eighteen years. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. Attest: City of Corpus Christi Armando Chapa, City Secretary Nelda Martinez, Mayor Approved: , 2013 Lisa Aguilar Assistant City Attorney For City Attorney RES- authSubmitGrant- SummerFoodProgram- 2013[1 ] Page 2 of 2 Corpus Christi, Texas of 2013 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 RES- authSubmitGrant- SummerFoodProgram- 2013[1 ] 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 1852 Action Item for the City Council Meeting of March 26, 2013 DATE: February 13, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3494 Revisions to the Community Youth Development Steering Committee membership CAPTION: Resolution revising membership of the Community Youth Development Steering Committee. PURPOSE: The requirement of having two youth sit on the CYD Steering Committee was removed in the 2011 state contract for Community Youth Development Program, The proposed resolution eliminates the requirement of the two youth voting positions and revises the total number of members from eleven to nine members. BACKGROUND AND FINDINGS: The Texas Department of Family and Protective Services (DFPS) funds the Community Youth Development (CYD) Program in fifteen zip codes throughout the State. The City of Corpus Christi — Parks and Recreation Department continues to be the fiscal agent for the grant. Part of the contract requirements is to establish a CYD Collaborative Committee (Committee) which was recreated in May, 1997. The current membership is 11 members with two of those members being youth that participate in the Youth Advisory Committee. In the last Request for Proposals the State removed the requirement to have youth sit on the Committee. It has been difficult to have youth sit on the Committee as their schedules do not accommodate attendance at evening meetings. The Committee will continue to use the Youth Advisory Committee as a resource for decision making. ALTERNATIVES: Do not approve the resolution and continue with an 11 member Committee. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all changes to Boards and Commissions membership. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal City Secretary's Office ❑ 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: N/A RECOMMENDATION: Staff recommends the approval of the resolution. Page 1 of 2 Resolution revising membership of the Community Youth Development Steering Committee. Whereas, the Community Youth Development Program is designed to develop and implement programs to reduce juvenile crime in an effort to empower youth to become productive citizens; Whereas, by Resolution 022938, on May 27, 1997, the City Council established the Community Youth Development Steering Committee as an ad hoc advisory committee of the City and appointed 16 voting members and 4 non - voting advisory members, to serve one -year terms; Whereas, by Resolution 023058, on September 16, 1997, the City Council amended Resolution 022938 to require the officers of the Community Youth Development Advisory committee to be residents of the 78415 zip code area; Whereas, by Resolution 023763, on September 14, 1999, the City Council amended Resolution 022938 to decrease the number of Community Youth Development Steering Committee voting members from 16 to 9, and eliminating the 4 non - voting advisory members; and revised terms to two -year staggered terms; Whereas, by Resolution 025049, on October 22, 2002, the City Council amended Resolution 022938 to change membership to eleven members, with two voting positions filled by youth involved in the Youth Action Committee Now, therefore, be it resolved by the City Council of Corpus Christi, Texas; SECTION 1. That the membership of the Community Youth Development Steering Committee is revised to eliminate the requirement of two voting positions filled by youth involved in the Youth Action Committee, and revising the total number of members from eleven to nine members. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 2 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 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of March 19, 2013 ss Action Item for the City Council Meeting of March 26, 2013 DATE: February 27, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Ordinance appropriating from Unreserved Fund Balance to Arena Type A CIP Fund American Bank Center Loading Dock and CMU Screen Wall Settlement Assessment CAPTION: Ordinance transferring and appropriating $100,000 from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund to and appropriating in the No. 3274 Arena Type A CIP Fund for the Arena /Convention Center Loading Dock Repairs; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $100,000; and changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $100,000 each. PURPOSE: This item appropriates and transfers $100,000 from Type A Arena funds to the Capital Improvement Program Budget for repairs to the Arena /Convention Center Loading Dock. BACKGROUND AND FINDINGS: The American Bank Center is constructed on foundation piers while the loading dock for the center is not. Due to ground settling of the loading dock, there is a shift deferential of approximately eight (8) inches between the center and the loading dock. This is affecting the integrity of the dock and makes loading and unloading extremely cumbersome. The City entered into a contract with LNV Engineering and Kleinfelder Testing to investigation the situation and develop a repair methodology and preliminary cost estimates to correct the deficiencies. On February 18th, 2013, city staff made a presentation to the Type A Board concerning the results of this investigation and discussed three different options for repair. This includes: • Option One for Minimal Repairs • Option Two for Moderate Repairs, and • Option Three for Complete Dock Replacement The Type A Board voted to recommend City Council appropriate $100,000 in funding at this time for the construction of Option One (miscellaneous minimal repairs) and the design of Option Two (moderate repairs — CMU wall infrastructure). Construction of Option Two (estimated budget $472,810) and strategic discussion on Option Three (complete loading dock replacement) will come back to the Type A Board and City Council at a future date and could be included in a future year Capital Improvement Program budget. The SMG Management Team endorses this facility investment approach. K: \ENGINEERING \LEGISTAR \MARCH 19 \ABC LOADING DOCK \AGENDA- ABC LOADING DOCKDOCA ALTERNATIVES: 1. Appropriate $100,000 as proposed. 2. Do not appropriate $100,000 as proposed. OTHER CONSIDERATIONS: The short -term repairs will not disrupt the event schedule at the three facilities. CONFORMITY TO CITY POLICY: This Ordinance conforms with City policies for appropriation of funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget 0 TBD $0.00 Encumbered /Expended Amount This item (Budget Ordinance) 100,000.00 100,000.00 Future Anticipated 100,000.00 TBD 100,000.00 Expenditures This Project BALANCE $0.00 $0.00 Fund(s): Arena Type A CIP Fund Comments: The planned work for design is scheduled to be a small A/E Agreement and the planned construction work will be a small contract completed through the Job Order Contract method to expedite construction and economize on costs. RECOMMENDATION: City Staff recommends the approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance K: \ENGINEERING \LEGISTAR \MARCH 19 \ABC LOADING DOCK \AGENDA- ABC LOADING DOCKDOCA -ile : \ Mproject \councilexhibits \exhL7ZU75.dwg 6 l._) __'HERITAGE S: RESncA 51 PARK 4, y 3 T u,,.... a Vf ,_ PROJECT #E12016 F gZGE"L J LL C PALO ALTO VICINITY MAP NOT TO SCALE uVA "� IN � A k i 11, -A V PROJECT SITE American Bank Center Loading Dock CITY COUNCIL EXHIBIT CITY OF CORPUS CHS, TEXAS m�� and CMU Screen Wall Settlement DEPARTMENT OF ENGINEERING SERVICES Assessment PAGE: 1 of 1 = _ API 04- 5 I � 40 0 E �o 12 04 /I 0 u u i2 a) � . � ¥4 � \ C\l • 6110 w 00 O M (.fl M O Ln C) O W 0 O O 00 00 Ln N I Ln � r m r E0- E E U) W Q W � J Q � O 0 C;) .C: m J 6 Q a W LU Q � O 0 0) .C: m J H Z 2 LV V J a W � O 0 0) .S J Z N CU C W 0 N U C Y 0 N U C: I I I r m N m M m Z Z Z O O O a E a E a E 0 Q 0 Q 0 Q co I O L 0 U N O O N U N O Kii O = U LU I O L 0 U N O O N U N O Kii # E I 4w I 0 0 0 0 0 0 0 0 0 0 Q � U LU # E I 4w I n 0 0 0 0 0 0 0 0 0 0 O O O 0 0 O O O O O O O O O O O O O O O � O LO O O 0 O O � H} 00 LO - LO O 0 O O 00 N �'If If L6 ti'L6 'LO N r— 'IT 'IT C 7 N r— LO � 6} O1 U H � O 7 L W N O o n a) L O U 3 � L N 7C3 +� 0 7C3 .� � C/) N m O -1.-, cn G O U Q Q J � � U— O co Q a) 5 W W �� �'U'U O - 0 J 1-1 W'U' O }' O cn 0�'U!W U) Cc:) Q o LLI U Z Q m'' n Page 1 of 2 Ordinance transferring and appropriating $100,000 from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund to and appropriating in the No. 3274 Arena Type A CIP Fund for the Arena /Convention Center Loading Dock Repairs; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $100,000; and changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $100,000 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $100,000 from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund is appropriated and transferred and appropriating into the No. 3274 Arena CIP Fund for the approved Arena /Convention Center Loading Dock projects. SECTION 2. The FY 2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase expenditures by $100,000. SECTION 3. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is changed to increase revenues and expenditures by $100,000 each. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance - ABC Loading Dock 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 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 ATTEST: Armando Chapa City Secretary Ordinance - ABC Loading Dock day of THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 852 Second Reading for the City Council Meeting of March 26, 2013 DATE: March 8, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS @cctexas.com (361) 289 -0171 ext. 1213 Authorization to execute a Long Term Lease Agreement with Host International, Inc. ( "HMS Host ") for the operation of a news and gift concession located at the Corpus Christi International Airport. CAPTION: Authorizing the City Manager, or designee, to execute a Long Term Lease Agreement ( "Lease ") with Host International, Inc. ( "HMS Host ") for the operation of a retail concession located at the Corpus Christi International Airport ( "Airport "), in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years. PURPOSE: Award a contract to HMS Host for continued management of our Retail Concession. BACKGROUND AND FINDINGS: HMS Host is the world's largest provider of food, beverage and retail services for travelers; they currently operate in 76 US Airports and 36 International locations. Concessionaire has an Agreement that is on a "month to month" basis. The City has proposed a negotiated base agreement of 5 -years with one 3 -year option. An initial investment will be made by the concessionaire to remodel and upgrade the store leasehold upon execution of the Agreement. In addition, the contract calls for the concessionaire to fund $150,000.00 in additional improvements prior to the end of the initial 5 -year term. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The afore complies with the overall proposed concessionaire plan development of the Airport EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance HMS Host Lease Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to execute a Long Term Lease Agreement ( "Lease ") with Host International, Inc. ( "HMS Host ") for the operation of a news and gift concession located at the Corpus Christi International Airport ( "Airport "), in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years. Whereas, by Ordinance No. 025091, the City and HMS Host entered into an eight -year lease dated November 12, 2002 and commencing November 17, 2002, (the "Original Lease ") for the operation of a news and gift concession at the Airport; Whereas, the Original Lease was amended by Amendment No. 1 to Lease, dated January 18, 2005, pursuant to Ordinance No. 026113, to provide for additional storage area; Whereas, the City and HMS Host desire to reinstate the Original Lease, extend the term, and modify the provisions of the Original Lease and formally recognize the following terms and conditions of the new Lease in complete substitution for the Original Lease and all amendments and modifications thereto; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to execute a Long Term Lease Agreement for the operation of a news and gift concession located at the Airport, in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years, which agreement is on file at the City Secretary's office. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Ordinance — HMS Host Lease 3 -7 -13 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 , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Ordinance — HMS Host Lease 3 -7 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , 2013. Nelda Martinez Mayor LONG -TERM LEASE AGREEMENT STATE OF TEXAS § KNOWN BY ALL THESE PRESENT: COUNTY OF NUECES This Lease Agreement (te "Agomiat) is entered into this the day of , 2013 between the City of Corpus Chisti, a. Texas municipal corporation, ( "City,) acting through its duly authorized representative the City Manager, or designee ( "City Manager"), P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277, and Host International, Inc. ('Concessionaire), whose principal office and place of business is 6905 Rockledge Drive, 7f Floor, Bethesda, Maryland, 20817, acting through its duly authorized representative ("Concessionaire's Agent "). WHEREAS, by Ordinance No. 025091, the City and Concessionaire entered into an eight -year lease dated November 12, 2002 and commencing November 17, 2002, (the "Original Lease ") for the operation of a news and gift concession at the Corpus Christi International Airport (the "Airport "); WHEREAS, said the Original Lease was amended by Amendment No. 1 to Lease, dated January 18, 2005, pursuant to Ordinance No. 026113, to provide for additional storage area; WHEREAS, the City and Concessionaire desire to reinstate the Original Lease, extend the term, modify the provisions of the Original Lease and formally recognize the following terms and conditions in complete substitution for the Original Lease and all amendments and modifications thereto, as set forth in this Agreement. NOW, TUEREEORE, for and in consideration of the rentals to be paid City by Concessionaire and the respective covenants of the parties hereto, it is mutually agreed between City and Concessionaire as follows: LEASED PREMISES City hereby leases, demises, and lets unto Concessionaire, and Concessionaire hereby hires and takes from City, the following leased premises (the "Leased Premises "), all located within the terminal building and the cargo facility at the Airport for the uses and purposes set forth below and as shown on Exhibit "A" and "Exhibit "C" (respectively, the concession premises and storage space premises, as set forth herein), hereto attached and made a part hereof. 2. TERM OF AGREEMENT The term of the Original Lease (the "Term ") was November 17, 2002 to November 17, 2010. The City and Concessionaire hereby reinstate the Original Lease, as amended, extend the Term and ratify the reinstatement to be effective November 18, 2010. The Term of the Original Lease is hereby extended through April 30, 2013. The Term of this Agreement shall be extended an additional. five (5) years with an effective commencement date of May 1, 2013 and expiring April 30, 2018 ("Base Term "), with the option to extend Rather for one (1) additional three (3) year term. (the "Option"). The Option is conditioned upon i) a refurbishment plan and related budget for the Leased Premises, agreed upon by the parties as described herein, ii) a capital investment by Concessionaire of one hundred fifty thousand dollars ($150,000) for Page 1 of 22 direct construction costs to refurbish the Leased Premises, such refurbishment to be completed before the end of the Base Term, iii) a performance bond or irrevocable standby letter of credit in the face amount of one hundred fifty thousand dollars ($150,000) as described below, and iv) a letter of agreement to extend the Agreement as stated herein, signed by both parties upon agreement of the parties of the refurbishment plan and budget. Concessionaire will submit the above- referenced refurbishment plan and budget to the Director no later than one (1) year before the expiration of the Base Tenn, to be approved in writing by the Director, which approval shall not be withheld unreasonably. The Director shall have thirty (30) caleadar days after receipt of the refurbishment plan and budget to object to any matter referenced within. If the Director does not object in writing within such 30 -day period, he or she shall be deemed to have approved such refurbishment plan and budget. If, however, the Director objects within such 30 -day period in writing to any matter contained within the refurbishment plan and budget, the Director and Concessionaire agree to work together in good faith to resolve any such objections to the reasonable satisfaction of both parties. Subject to such approval by the Director of the refurbishment plan and budget, Concessionaire shall begin construction of said refurbishment no later than October 1 of the fifth (5'') year of the Base Term, and shall complete refurbishment of the Premises no later than the expiration date of the Base Term. Failure of the parties to reach an agreement with respect to the refurbishment plan and budget or to sign a letter of agreement to extend will invalidate the Option and Concessionaire will have no obligation to refurbish the Premises On or before the date construction, if any, begins, Concessionaire must furnish to the Director a performance bond or irrevocable standby letter of credit in the face amount of one hundred fifty thousand dollars ($150,000), issued by a surety company authorized and licensed to transact business in the State of Texas, with the City of Corpus Christi, Aviation Department as obligee, not subject to coverage or cancellation except after thirty (30) days' written notice by certified snail, return receipt requested, to the Director. Said performance bond or irrevocable standby letter of credit shall be kept in force until completion of the above- referenced refurbishment, and shall stand as security for completion by Concessionaire of the refurbishment of the Leased Premises as described herein. In the event that the Option is exercised as described in the preceding paragraphs, but actual total direct construction costs expended on the refurbishment are less than $150,000, Concessionaire shall pay the City the difference between $150,000 and the total direct construction costs. As used herein, "direct construction costs" means all general contractor and construction related trades required to complete the project in accordance with the approved drawings as well as related costs associated with architecture, engineering, testing, permits, and construction management. This $150,000 capital investment shall be in addition to the improvements required in Section 5A herein. 3. USES, PRIVILEGES, RESTRICTIONS Subject to the terms and conditions hereinafter contained, City grants to Concessionaire the following rights and privileges; A. To the extent allowed by law, the non- exclusive right to operate a News and Gift concession in the Concession Premises identified on Exhibit A located in the terminal building at the Airport, providing news and gift items within Concessionaire's core business such as magazines, newspapers, books, retail products, beverages, and other items, subject to approval by the Director. Page 2 of 22 B. The right of ingress to and egress from the Leased Premises and the Airport for Concessionaire, its officers, employees, agents, and servants, patrons, and invitees, and its suppliers of service and furnishers of materials, subject to the rules and regulations and applicable laws, codes, ordinances, and other regulatory measures relating to the use and operation of the Airport, and subject further at all times to the Director's approval and control. C. The right to install, operate and maintain signs on the Leased Premises for the purposes of identifying the Concessionaires The number, size, location, general type, and design of said signs and the method of installation shall be subject to theprior written approval of the Director. D. Concessionaire shall not at any time engage in any business or activity on the Leased Premises or anywhere upon the premises of the Airport other than those activities specifically authorized and contemplated under the terms of this Agreement without first securing written authorization from the City. 4. RIGHTS AND PRIVILEGES RESERVED BY CITY A. The Director shall have the right at all times to raise objections to the condition of the Leased Premises, quality of goods offered for sale, prices charged, and the character of the service rendered, and to require that all objectionable practices either be remedied or discontinued within a reasonable period of time. B. All rights, privileges, or interests acquired by the Concessionaire under the terms of this Agreement stray, at the option of the City, following written notice of thirty (30) days, be suspended or finally terminated if such suspension or termination is found by City, acting in good faith, to be necessary to secure federal financial aid for the development and improvement of the Airport. C. City shall have the right, at any and all reasonable hours, to enter upon the Leased Premises of Concessionaire for the purposes and to the extent necessary to protect City's rights and Interests, to provide for periodic inspection of the Leased Premises from the standpoint of safety and health, and to check Concessionaire's compliance with the terms of this Agreement. 5. OBLIGATIONS OF CONCES SIONATRE A. Improvements Concessionaire shall, without cost to City, provide all improvements, wbdberf dorno� alterations, repairs, and trade fixtures necessary for the eustomaiy operation of such a concession, including, but not limited to, sales counters, display cabinets, interior partitions, special lighting fixtures, wall coverings and finishes, floor covering, and all other equipment, furniture, proprietary trade fixtures, and furnishings necessary in the proper conduct of Concessionaire's business. Concessionaire shall provide a plan and budget for proposed improvements to the City, attached to this Agreement as Exhibit D, to be approved in writing by the City prior to commencement of construction. Concessionaire shall begin construction and installation of said improvements by March 27, 2013 for completion no later than April 30, 2013. All improvements, furniture, fixtures and equipment identified above shall be funded at the sole cost of Concessionaire and amortized over the Base Term of the Agreement. Upon occupancy, Concessionaire shall provide a complete list of all improvements, furniture, fixtures and equipment, whether fixed or not, to the City, to be incorporated into this Agreement. All improvements, furniture, fixtures, and equipment used in the Leased Premises shall be high quality, safe, fire- resistant, attractive in appearance, and shall require written approval of the Director prior to installation. Page 3 of 22 At the termination of this Agreement, all improvements, furniture, fixtures and equipment shall revert to the City in their entirety. However, all proprietary trade fixtures and non -fixed improvements shall belong to Concessionaire. 2 herein. These improvements shall be in addition to the $1 50,000 capital investment required in Section B. &placcinent or Rl ernoval Concessionaire shall not replace or remove, in whole or in part, any elements of the fixed leasehold improvements and trade fixtures in the Leased Premises without the prior written consent of the Director, who may, at his/her discretion, condition such consent upon the obligation of Concessionaire to replace same by an improvement specified in such consent. However, Concessionaire may remove its proprietary trade fixtures and non -fixed improvements and must restore the Premises to its original condition, normal wear and tear excepted. C. Alterations Concessionaire, during the Base Term of this Agreement, and following completion of the initial improvements, shall not make any structural alterations to said Terminal Building without the prior written consent of the Director. If any such alterations are permitted, Concessionaire shall pay all costs in connection therewith, including the restoration of the Leased Premises to the condition which existed prior to the making of such alterations by Concessionaire, provided such restoration is demanded by City. D. Conduct of Concession ratior Concessionaire shall conduct its concession operations in a first -class manner and in accordance with the highest standards for similar operations at other major air terminals and in the region. The service shall be prompt, clean, courteous, and efficient. Concessionaire shall maintain its Leased Premises at all times in a safe, clean, orderly, and inviting condition, to the reasonable satisfaction of the Director. E. Quality. of Goods /Merchandise -Prices (1) It is specifically stipulated and agreed by and between City and Concessionaire, with reference to the goods and merchandise sold by Concessionaire to the public using the facilities of the Airport, that Concessionaire will at all times maintain a degree of quality and quantity comparable to similar operations in airports of comparable size and standards throughout the United States. (2) Prices charged by Concessionaire shall not exceed ten percent (10 %) above the prices charged for similar offerings at convenience stores in the Corpus Christi Area for comparable Items. (3) All goods and merchandise sold or offered for sale by Concessionaire must conform in all respects to federal, state, and municipal laws, ordinances, and regulations. (4) Airport Director reserves the right to audit Concessionaire to ensure compliance with this Section E. In the event that the Airport Director, in his or her sole discretion, determines that Concessionaire is not in compliance as stated, Airport Director shall provide written notice to Concessionaire of non - compliance and Concessionaire shall have twenty four (24) hours to comply. If Concessionaire fails to correct within the stated time frame and/or receives notice of such non- compliance more than twice in a twelve (12) month period, the Agreement shall terminate as provided in Section 17D herein. Page 4 of 22 F. Additional Airport Customer Services Concessionaire shall and agrees to make money change for any persons requesting such accommodation. G. Hours of 412cration Concessionaire shall obs ie and cornply with the following mininiums as relating to hours of concession operations at the Airport: (1) Adequate services to meet public demand are to be maintained in the Terminal Building at least one -half (112) hour prior to the first aircraft departure to one -half (112) hour after the last scheduled aircraft departure, each day, seven (7) days per week. (2) These hours of operation are subject to adjustment upon seven (7) days' written notice by the Director to the Concessionaire if changes in airline schedules require the modification of the hours. (3) Airport Director reserves the right to audit Concessionaire to ensure compliance with this Section G. In the event that the Airport Director, in his or her sole discretion, determines that Concessionaire is not in compliance as stated, Airport Director shall provide written notice to Concessionaire of non - compliance and Concessionaire shall have twenty four (24) hours to comply. If Concessionaire fails to correct within the stated time frame and/or receives notice of such non- compliance more than twice in a twelve (12) month period, the Agreement shall terminate as provided in Section 17D herein. H. Personnel Concessionaire shall at. all times provide a full -time, active, qualified, competent, and experienced manager to supervise the concession operations and otherwise to represent and act for the Concessionaire in matters pertaining to the day -by -day operation of the concession. Concessionaire's employees shall be clean, courteous, efficient, and neat in appearance. Concessionaire shall not employ any person or persons in or about the Concessionaire's Leased Premises who use improper language or act in a loud or boisterous or otherwise improper manner. Upon written notification by the Director to Concessionaire that any person employed by Concessionaire at the Airport is, in City's opinion, disorderly, un- sanitary, or otherwise unsatisfactory, Concessionaire shall take corrective action within twenty -four hours and shall inform. the Director, in writing, of such action. All on -site personnel must meet the requirements for and obtain a CCIA Security badge, the cost of which is to be borne by Concessionaire. Employee permit parking is available and shall be provided by the Airport with the cost of permitting borne by Concessionaire. Licenses, Permits, Franchises, Taxes Concessionaire shall bear, at its own expense, all costs of operating the News and Gift Concession, including any and all taxes assessed against its furnishings, equipment or stocks of merchandise and supplies, and shall obtain and pay for all permits, licenses, franchises, or other authorizations required by authority of law in connection with the operation of its business at the Airport. K. Compliance with Laws Regglations, Ordinances Rules Concessionaire shall at all times comply with applicable Federal, State, and Local laws and regulations, all applicable health rules and regulations, all applicable ordinances of the City of Corpus Christi and the County of Nucces, and the rules and regulations governing the operation, use, and Page 5 of 22 control of Corpus Christi International Airport as an airport. L. Utility Services City shall provide electric service to Concessionaire. Payment for this service is included in the percentage of rental fees in paragraph 6 hereof, Concessionaire shall pay for all other utility services used by it at the public utility rates applicable for such services in the Corpus Christi area. M, Maintenance of Conccssionaire's-Pr ises (1) Routine Maintenance Concessionaire agrees to assume full responsibility for the maintenance, at its own cost, of the Leased Premises, it being expressly understood that City will provide only for major maintenance and repairs to the building structure. Concessionaire has inspected the Leased Premises prior to the execution of this Agreement and is satisfied with the physical condition of the Leased Premises, and its taking possession thereof is agreed to be conclusive evidence of its receipt of the Leased Premises in good order and repair. Concessionaire agrees to faithfully and fully maintain Leased Premises in good order and repair throughout the entire term of this Agreement and any extension hereof. Concessionaire further agrees that upon the termination of this Agreement for any reason, it shall, except as otherwise provided in paragraphs 15 and 20 hereof, restore the Leased Premises to the same condition as when received reasonable and ordinary wear and tear excepted. If the Leased Premises shall not be so kept by Concessionaire, City may enter the Leased Premises (without such entering causing or constituting a termination of this Agreement or any interference with the possession of the Leased Premises by the Concessionaire) and do all things necessary to restore the Leased Premises to the condition required by this Agreement, charging the cost and expense to Concessionaire; and Concessionaire shall pay to City all such cosh and expenses in addition to the rentals,fe , and charges herein provided. (2) Custodial Resp€ nsibilities Concessionaire shall, at its own costs and expense, provide custodial services within the Leased Premises, including sweeping, cleaning, and waxing floors; dusting and washing of interior window surfaces. Concessionaire shall be responsible, at its own cost, for the maintenance and repair of all lighting fixtures within the Leased. Premises, including the replacement of incandescent and fluorescent lamps, starters, ballasts, and other similar appurtenances. Concessionaire shall keep the Leased Premises free from flies, roaches, other insects, and rodents. Concessionaire shall not permit the accumulation of rubbish, trash, debris, or other litter in and upon the Leased Premises and shall, at its own expense, provide for the disposal of such items in the trash dumpster provided by City for all Terminal Building tenants, and City will be responsible for the removal of rubbish, trash, debris, or other litter from the Airport premises. Concessionaire shall provide and use suitable receptacles placed within their Premises for all garbage, trash, and other refuse on or in connection with the Leased Premises. Piling of boxes, cartons, barrels, or other similar items in an unsafe manner in or about the Leased Premises, the loading dock, or other areas of the Airport, is forbidden. 6. SERVICES TO BE PERFORMED BY CITY A. Unless otherwise limited by Federal or State statutes, executive order, rules, or regulation, City shall, at its cost, fumish ordinary air conditioning and heat for Concessionaire's Leased Premises twenty -four (24) hours a day. B. Subject to the provisions of paragraph S.M. hereof, City shall furnish electric current to existing outlets in Concessionaire's areas. Page 6 of 22 7. FEES. CHARGES, ACCOUNTING RECORDS AND REPORT Concessionaire shall pay rent through April 30, 2013 under the terms of the Original Lease. A. AnnualGuarantee For the period commencing May 1, 2013 and ending twelve (12) months thereafter, Concessionaire agrees to pay City a minimum annual guarantee of either one hundred ten thousand dollars ($110,000), or a percentage of gigs receipts (as defined in par'agWh B belo)K), whichever is computed to be the greater. One - twelfth (1 /12) of $110,000 shall be due and payable on or before the first day of each month for the month that the payment is due. If the payment is not received by the fifth day of each month, then a penalty will be assessed as per Section 7D(3). For the subsequent years of this Agreement thereafter, the minimum annual guarantee payment shall be adjusted for the ensuing twelve (12) month period according to the Consumer Price Index (CPI) calculated for the State of Texas for the previous full calendar year, provided, however, that in no event shall the minimum annual guaranteed payment for the ensuing twelve (12) month period be less than either $110,000 of the percentage of gross receipts, as defined in paragraph B below, whichever is greater. B. Percentage of Gross Receipts Paid to City The percentage of gross receipts to be paid to City is as follows; (1) Commencing May 1, 2013, a sum equal to ten percent (10 %) of the gross receipts (as defined herein) derived by Concessionaire during the month of mart from the sale of all items whatsoever, in connection with Concessionaire's Flews and Gift Shop operation in the terminalbuilding. C. Pa ent Terms (1) Fifteen (15) days after the beginning of each calendar month during the term hereof, Concessionaire shall pay to City a sum of money which represents the excess of the difference between the percentage fee due on gross receipts (as defined herein) for the previous month, less one- twelfth (1112) of the minimum annual guaranteed payment (as adjusted, based on the CPI, as stated in Section 7A above) made on or before the first of the previous month. In the event the percentage fees due shall not exceed the minimum annual guarantee due during any month in the term hereof, then no additional percentage fee shall be due and payable for such month. (2) All remittances for rentals, fees, and charges are to be made payable to the City of Corpus Christi and remitted to the office of the Director of Aviation, 1000 International Drive, Corpus Christi, Texas 78406. D. Delinquent Charges or Fees (1) Concessionaire shall be responsible for payment of interest and penalty on amounts not remitted in accordance with the terms of this Agreement or amounts determined to be due and owing to City, unless waived by the City Commission. (2) Interest Interest on all past due amounts due the City shall be charged at the lawful legal rate, as may be amended. The obligations for payment and calculations thereof shall commence upon the day following the due date established herein. Page 7 of 22 (3) Penalty In addition to interest described above, Concessionaire may be responsible for payment of penalty on amounts not remitted in accordance with the terms of this Agreement as maybe determined by the Director or designee. Said penalty shall be ten percent (10 %) of the amount then due or $100.00, whichever is greater. The obligation for payment and calculation thereof shall commence upon the day following the due dates established herein. (4) Annual Statement Results If, as a result of the annual statement required in F.2, additional amounts are disclosed to be due and owhug to City, interest and penalty a?ball be calculated thereon in accordance with paragraph 7.D.(I), (2), and (3). Concessionaire shall remit to City any additional amounts identified as due and owing according to the written statement. Interest and penalty thereon for any remittance received later than 90 days after the close of the year shall be calculated and billed by City. If no written statement is received within 180 days, the City may make an independent audit, which costs and any monies owed as a result of the audit, including penalties and interest, shall be paid by Concessionaire. (5) Non - exclusivity This provision permitting collection of interest and penalty by City on delinquent payments is not to be considered City's exclusive remedy for Concessionaire's default or breach with respect to delinquent payment. The exercise of this remedy is not a waiver by City of any other remedy permitted under the Agreement, including but not limited to termination of this Agreement. E. Definition of Gross Receipts The term "gross receipts" as used herein shall mean the aggregate amount of the gross selling price received by Concessio ire from alft sources through the operations of the concession granted by this Agreement. It shall be all-inclusive whether or not such sales are made by cash or credits or whether the selling price is- collected or uncollected. It shall include all business transacted at the Airport. Deductions shall be allowed only for the amount of any federal, state, or local excise and sales taxes presently or hereafter levied upon such sales or to be collected from the purchaser, and bona fide reimbursements to Concessionaire by its agents or employees for shortages in cash. F. Statements, Books, and Records (1) Within fifteen (15) days after the close of each calendar month during the Term of this Agreement, Concessionaire shall submit to City, in a form and with detail satisfactory to City, a statement of its gross receipts during the preceding month from its operations at the Airport upon which the percentage payments to City set forth in 7.A are computed, said statement to be signed by a responsible accounting officer of Concessionaire, along with any additional fees due for revenues in excess of minimum. In addition, a late monthly report penalty of $100.00 per month is due for any report received after the twentieth (20th) day, Concessionaire shall keep full and accurate books and records showing all of its gross receipts pertaining to operations at the Airport, and City shall have the right, through its representatives, and at all reasonable times, to inspect such books and records, including sales tax return records. Concessionaire hereby agrees that all such records and instruments will be made available to City at the Leased Premises for at least a three (3) year period. (2) Concessionaire shall employ an independent certified public accountant who shall furnish within one hundred twenty (120) days after the close of each contract year a written statement to City stating that in their opinion the percentage fee paid by Concessionaire to City during the preceding year pursuant to this Agreement was made in accordance with the terms of this Agreement. Such statement shall also contain a list of the gross receipts as shown on the books and records of Page 8 of 22 Concessionaire and. which were used to compute the fees paid to City during the period covered by the statement. Failure on the part of Concessionaire to submit this required statement within one hundred twenty (120) days after the close of each contract year will result in the City assessing a late processing fee of Fifty and No1100 dollars ($50.00) for each month or fraction thereof that the statement is past due. (3) The parties acknowledge and agree that the term "contract year" means the twelve- month period from May 1 through April 30, G. Audit City reserves the right, at City's expense, to audit Concessionaires books and records of receipts at any time for the purpose of verifying the gross receipts hereunder. If, as a result of such audit, it is established that concessionaire has understated the gross receipts, as defined herein, by three percent (3 0/,,) or more, the entire expense of the audit shall be borne by Concessionaire. Any additional percentage fee due shall forthwith be paid by Concessionaire to City with interest thereon at ten percent (10 %) per annum from the original due date. H. AdditionalFees and - Charge Concessionaire shall pay to City additional fees and charges under the following conditions: (1) If City has paid any sum or sums or has incurred any obligation or expense which Concessionaire agreed to pay or to reimburse City; or (2) If City is required or elects to pay any sum or sums or incurs any obligations or expense because of the failure, neglect, or refusal of Concessionaire to perform or fulfill any of the conditions of this Agreement. 1. Rental Fees far Cargo Facility Storage The rental fee for the space allotted Concessionaire in the Cargo Facility as depicted on Exhibit "C" shall be charged in accordance with the typical rental fees for this type of space in accordance with the Airline's Rates and Charges calculations each fiscal year. Thirty (30) days prior to the end of each fiscal year, Concessionaire shall be notified of the new rate for the next fiscal year. Payment is due upon receipt of invoice. Concessionaire may terminate rental of the Cargo Facility Storage space by requesting such in writing to the Director providing for a thirty -day notice. Once Concessionaire has vacated the storage space, rental payments under this Section shall cease. S. INDEMNITY Concessionaire agrees to indemnify, protect, defend, and hold harmless the City, and any successors, assigns, agents, officers, directors, employees, and affiliates of City, (collectively referred to herein as "indemnitees ") for, from, and against any and all liabilities, damages, claims, suits, losses, causes of action, liens, judgments, and expenses (including court costs, attorneys' fees, and costs of investigation) of any nature, land or description arising or alleged to arise by reason of injury to or death of any person or damage to or loss of property (1) occurring on, in, or about the Leased Premises, or (2) by reason of any other claim whatsoever of any person or party occasioned or alleged to be occasioned in whole or in part by any act or omission on the part of Concessionaire or any invitee, licensee, employee, director, officer, servant, Contractor, or subcontractor, or (3) by any breach, violation, or non- performance of any covenant of Concessionaire under this Agreement (collectively referred to herein as "liabilities "), even if such liabilities arise from or are attributed to the concurrent negligence of any indemnitee. The only liabilities with respect to which Concessionaire's obligation to Page 9 of 22 indemnify the indemnitees does not apply is with respect to liabilities resulting solely from the negligence or willful misconduct of an indemnitee. ]If any action or proceeding shall be brought by or against any indemnitee in connection with any such liability or claim, Concessionaire, on notice from City, shall defend such action or proceeding, at Concessionaire's expense, by or through attorneys reasonably satisfactory to City. The provisions ofthisparagraph shall apply to all activities of Concessionaire with respect to the Leased Premises, building or complex, whether occurring before or after the commencement date of the Agreement Term, or before or after the expiration or termination of this Agreement. Concessionaire's obligations under this paragraph shall not be limited to damages, compensation, or benefits payable under insurance policies, workers' compensation acts, disability benefit acts, or other employees' benefit acts. The terms of this provision shall survive the termination of this Agreement to the extent any such damage occurs prior to such termination. 9. INSURANCE AND PERFORMANCE BOND A. Liability Insurance Concessionaire must secure and maintain at Concessionaire's expense during the term of this Agreement, a Commercial General Liability Insurance policy with the limits and requirements shown on the attached and incorporated as Exhibit "B." The Certificate of Insurance must be sent to City's Risk. Manager and Airport Director and must provide thirty (30) days written notice of cancellation, intent not to renew or material change of any coverage required herein. Concessionaire will provide copies of all. insurance policies to the City Attorney upon the City Manager's written request. The amount of all required Insurance policies is not deemed to be a limitation on Concessionaire's agreement to mdeninify and hold harmless City, and in the event Concessionaire or City becomes liable in an amount in excess of the amount or amounts of the policies, then Concessionaire must save City harmless from the whole liability. City shall have no liability for any premiums charged for such coverage, and the inclusion of City as a named insured is not intended to, and shall not, make City a partner or joint - venturer with Concessionaire in its operations at the concession Premises. B. Future Insurance Requirements Concessionaire and City understand and agree that the minimum limits of the insurance herein required may become inadequate, and Concessionaire agrees that it shall increase such minimum limits upon receipt of notice in writing from City. C. Adjustment of Claims Concessionaire shall provide for the prompt and efficient handling of all claims for bodily injury, property damage or theft arising out of the activities of Concessionaire under this Agreement. D. Conditions of Insurance Default City may terminate this Agreement in accordance with Section 16 of this agreement if Concessionaire fails to consistently maintain said insurance levels. Page 10 of 22 E. Performance Bond A Performance Bond, conditioned on performance of all of the Concessionaire's covenants set forth in the Agreement, in the amount equal to the first year's minimum annual guarantee as defined in Section 7 herein, will be required from the Concessionaire and shall be renewed annually and remain in effect for the entire term of the Agreement. The Performance Bond shall be (i) issued by a company licensed to conduct business in the State of Texas; (ii) in the form approved by the City; (ri)payable to City of Corpus Christi, Aviation Department and (iv) delivered to the Office of the Director. 10. NONDISCRIMINATION Concessionaire, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, that (1) no person on the ground of race, color, or national original shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Leased Premises; (2) that in the construction of any improvements in the Leased Premises and the furnishing of services thereon, no person on the grounds of race, color, or national original shall be excluded from participation in the project, denied the benefits of, or otherwise be subjected to discrimination; (3) that Concessionaire shall use the leased premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Agreement and to re -enter and repossess the facilities thereon, and hold the same as if this Agreement had never been made or issued. Concessionaire further agrees to undertake all applica:ole mandated actions that may be requircd pursuant to Americans with Disabilities Act, as may be amended. 11. AFFIRMATIVE ACTION The Concessionaire assures that it will undertake an affirmative action program as required by 14 CFR Part 12, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 162, Subpart E. The Concessionaire assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Concessionaire assures that it will require that its covered sub organizations provide assurances to the Concessionaire that they similarly will undertake affirmative action programs and that they will require assurances from their sub organizations, as required by 14 CFR, Part 152, Subpart E, to the same effect. 12. DISADVANTAGED BUSINESS DEVELOPMENT A. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23, subpart F. The Concessionaire 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 of any concession agreement covered by 49, CFR part 23, subpart F. B. Concessionaire agrees to include the statements in paragraph 12.A. in any subsequent concession agreements that it enters and cause those businesses to similarly include the statements in further agreements. Page 11 of 22 C. Concessionaire shall comply with Airport's approved Disadvantaged Business Enterprise (DBE) program submitted in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Office of the Secretary, Part 23, Participation by Minority Business Enterprise programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1954, and as said Regulations may be amended. D. If Concessionaire is a. DBE fhTn, evidence Business Enterprise issued under a Disadvantaged Busines,, Department of Transportation shall be provided prior to tl Concessionaire is eligible for certification as a DBE, but is not notify City of its eligibility prior to the commencement of process can be initiated. 13. EMINENT DOMAIN of aeftifieation as a Disadvantaged Enterprise program approved by the e commencement of this agreement. If currently certified, Concessionaire shall this agreement so that the certification In the event that the United States of America or the State of Texas or any entity having the power of eminent domain shall, by exercise of the right of eminent domain or any other power, acquire title in whole or in part to the Airport, including any portion assigned to Concessionaire, Concessionaire shall have no right of recovery whatsoever against City but shall make its claim for compensation solely against the United States of America or the State of Texas or the condemning entity, as the case maybe. 14. UNTENANTABLE PREMISES AND RELOCATION A. If Leased Premises are partially damaged by fire or other casualty, but not rendered untenantable, City shall repair the premises at its own cost and expense, subject to the limitations of Paragraph 14,E; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sub lessees, agents, or employees, Concessionaire shall be responsible for reimbursing City for the cost and expenses incurred in such repair. B. If the damage be so extensive as to render the Leased Premises untenantable but capable of being repaired in sixty (60) days, the same shall be repaired by City at its own cost and expenses, subject to the limitations of Paragraph 14.E., and the fees payable by concessionaire shall be proportionately paid up to the time of such damage and cease until such time as the assigned premises shall be restored and again made tenantable; provided, .however, that if said damage is caused by the negligent act or omission of Concessionaire, its sub lessees, agents or employees, the fees due will not abate and Concessionaire shall be responsible for reimbursing City for the costs and expenses incurred in such repair. C. In the event the premises are completely destroyed by fire or other casualty or so damaged that. they will remain untenantable for more than sixty (64) days, the City shall he under no obligation to repair, replace and reconstruct the Leased Premises, and concession fees shall be paid up to the time of such damage and destruction and thereafter cease until the premises shall be fully restored. If within twelve (12) months after the time of the damage or destruction the Leased Premises have not been repaired or reconstructed for Concessionaire's use, or other reasonable facilities provided, Concessionaire may give City written notice of its intention to cancel this Agreement in its entirety as of the date of such damage or destruction. D. Notwithstanding paragraph 14.C., if the leased premises are completely destroyed Page 12 of 22 as a result of the negligent acts or omissions of Concessionaire, fees payable hereunder shall not abate and City may, in its sole discretion, require Concessionaire to repair and reconstruct the Leased Premises and pay the costs therefor; or City may, in its sole discretion, repair and reconstruct the Leased Premises and Concessionaire shall be responsible for reimbursing City for the costs and expenses incurred in such repair. E. It is understood that, in the application of the foregoing Paragraphs 14.A., B., and C., City's obligations shall be limited to repair or reconstructing of the Leased Premises, where applicable, to the wane extent and of equal quality as ob manned at the conunencement of this Agreement, City will not be responsible for repair or replacement of improvements, furniture, furnishings, equipment or expendables. F. Should the improvements, furniture, furnishings, equipment or expendables, or any part of their, be destroyed or damaged, they shall in all instances be repaired or replaced by Concessionaire whether or not said damage or destruction is covered by insurance, provided that this Agreement has not been canceled in accordance with the terms thereof. Redecoration and replacement of damaged or destroyed furniture, furnishing, equipment and expendables shall also be the responsibility of Concessionaire and any such redecoration, refurnishing, and re- equipping shall be of equivalent quality to that originally installed hereunder. If Concessionaire fails to repair or replace such damaged or destroyed improvements subject to a schedule approved by City or falls to redecorate or replace damaged or destroyed furniture, furnishing, equipment and expendables, and provided that this Agreement has not been canceled, City may make such repairs or replacement and recover from Concessionaire the cost and expense of such repair or replacement. 15. AIRPORT- REQUESTED RELOCATION `>L'he Director may require the Concessionaire to vacate or relocate all or part of the Leased Premises upon first. giving written notice to the Concessionaire. The notice must identify that. portion of the Leased Premises to be vacated or relocated and the date the Concessionaire must vacate. The Airport will work with the Concessionaire to locate replacement Concession space within the Terminal of the approximate size of the Leased Premises taken. Airport has no obligation or liability to pay any moving cost or any claim for lost revenue or profits associated with the relocation or removal of Concession space from the Concessionaire's Leased Premises. The Airport will reimburse the Concessionaire for the unamortized capital investment, as set forth in Section 5 herein, for each portion of the Leased Premises taken within 60 days after Concessionaire vacates that portion as required by this provision. Unamortized capital investment shall be defined as the cost of the capital investment as agreed upon by Concessionaire and City, less straight line depreciation from the date Concessionaire begins operations in the refurbished Leased Premises. 16, LIABILITY OF CITY It is specifically understood and agreed that City shall have no liability to Concessionaire for damage to or loss of property of Concessionaire, its employees, agents, servants, or patrons, from any cause whatsoever, unless such damage to or loss of property shall be caused by gross negligence or willful misconduct on the part of City, its employees, agents, or servants. 17. ASSIGNMENT AND SUBLETTING Concessionaire shall not assign this Agreement or sublet the Leased Premises, either in whole or in part, without prior written approval of City, which approval will not be unreasonably withheld or delayed. . No request for, or consent to, such assignment or sublease shall be considered unless Concessionaire shall have paid all rentals, fees, and charges which have accrued in favor of City and Page 13 of 22 Concessionaire shall have otherwise met all other legal obligations to be performed, kept, and observed by it under the terms and conditions of this Agreement or as this Agreement may be subsequently amended or modified. 18. TERMINATION BY CITY This Agreement shall be subject to cancellation by City in the event of the happening of any or more of the following contingencies: A. Concessionaire shall file a voluntary petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of Concessionaire and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for Concessionaire's assets is appointed; or if Concessionaire shall be divested of its rights, powers, and privileges under this Agreement by other operation of law. B. Concessionaire shall abandon and discontinue the conduct and operation of said concession at the Airport. C. Concessionaire shall default in or fail to make any payments at the times and in the amounts as required of it under this Agreement. D. Concessionaire shall fail to perform, keep, and observe all of the covenants and conditions contained in this Agreement to be performed, kept, and observed by it, including, but not limited to, the payment of fees and other charges in the time, manner, and amount as provided in this Agreement and compliance with all applicable laws, ordinances, codes, rules, and other regulatory measures of the United States of Arnerica, the State of Texas, County of Nueces and City of Corpus Christi, and the rules and regulations governing the use, operation, and control of the Airport. E. All rights, privileges, or interests acquired by Concessionaire under the terms of this Agreement may, at the option of City, following written notice of thirty (30) days, be suspended or finally terminated if such suspension or termination is found by City, acting in good faith, to be necessary to secure Federal financial aid for the development and improvement of said Airport. F. Upon the happening of any of the contingencies recited in subsection B, C, or D of this paragraph 18, City shall give written notice to Concessionaire to correct or cure such default, failure to perform, or breach; and if, within thirty (30) days from the date of such notice, the default, failure to perform, or breach complained of shall not have been corrected in a manner satisfactory to the Director, then, in such event, City shall have the right, at once and without further notice to Concessionaire, to declare this Agreement terminated and to enter upon and take full possession of the Leased Premises. If this Agreement is terminated pursuant to this Section, the City may draw upon the Performance Bond described in Section 9(E) herein in satisfaction of any past -due Annual Guarantee or other past -due amounts hereunder, to be drawn monthly on the last day of each month after such termination, for a period of time not to exceed one year, or until the Premises are re-let to a replacement tenant, whichever event occurs sooner. G. Upon the happening of any one of the contingencies enumerated in subsection A of paragraph 18 hereof, this Agreement shall be deemed to be breached by Concessionaire and thereupon, ipso facto and without entry or any other action by City, this Agreement shall terminate, subject to be reinstated only if such involuntary bankruptcy or insolvent proceedings, petition for organization, trusteeship, receivership, or other legal act divesting Concessionaire of its rights under Page 14 of 22 this Agreement shall be denied, set aside, vacated, or terminated in Concessionaire's favor within sixty (60) days from the happening of the contingency. Upon the happening of said latter events, this Agreement shall be reinstated as if there had been no breach occasioned by the happening of said contingencies, provided that Concessionaire shall, within ten (10) days after the final denial, vacating, or setting aside of such petition on the vacating, terminating, or setting aside of such appointment, pay or discharge any or all sums of money which may have become due under this Agreement in the Interim and shall then remain unpaid and shall likewise fully perform and discharge all their obligations which may have accrued and become payable in the interim. 19. TERMINATION BY CONCES SIONAIRE Concessionaire may cancel this Agreement and terminate all or any of its obligations hereunder at any time Concessionaire is not in default under the terms hereof by giving thirty (3 0) days written notice upon or after the happening of any one of the following events. A. The permanent abandonment of the Airport as an air terminal. B. ' The Issuance by any court of competent jurisdiction of an injunction substantially preventing or restraining the use of the Airport or of the terminal building and the remaining in force of such injunction for at least ninety (90) days. C. The breach by City of any of the terms, covenants, and conditions of this Agreement and the failure of City to act to remedy such breach for a period of sixty (60) days after the receipt of written notice from concessionaire of the existence of such breach. D. in the event of destruction of all or a material portion of the Airport or its facilities, or in the event that any agency or instnimentality of the United States Government or any state or local government were to occupy the Airport or a substantial part thereof, or in the event of military mobilization or public emergency where there is a curtailment (either by executive decree or legislative action) of normal civilian traffic at the Airport or of the use of motor vehicles or airplanes by the general public or inthe event of a limitation of the supply of automobiles or automobile fuel supplies or parts for general public use, or in the event of strikes, boycotts, labor disputes, embargoes, shortage of materials, provided; however, that any of said events must first result in material interference with Concessionaire's normal business operations or substantial diminution in Concessionaire's gross receipts of 50% for a period of sixty (60) or more consecutive days. 20. WAIVERS A. The acceptance of charges and fees by City for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept, and observed by Concessionaire shall not be deemed a waiver of any rights on the part of the City to terminate this Agreement for failure by Concessionaire to so perform, keep, or observe any of the terms, covenants, or conditions hereofto be performed, kept, and observed. B. No waiver of default by either party of anyof the terms, covenants, or conditions of this Agreement to be performed, kept, and observed by either party either prior to or after either party may have remedied the same, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained to be performed, kept, and observed by either party- Page 15 of 22 21. DISPOSITION OF FURNISHINGS AND EQUIPMENT UPON TERMINATION Upon the ten-aination of this Agreement, all fiunishings other than Concessionaire's personal property, proprietary trade fixtures and non -fixed improvements revert to City with no further obligations on the part of either party hereto to one another. 22. INTERPRETATION OF AGREEMENT It is undo stood and agreed that notching hcrew contained -is intended or should be construed as in anywise creating or establishing the relationship of copartners between the parties hereto, or as constituting Concessionaire as the agent, representative, or employee of City for any purpose or in any manner whatsoever. Concessionaire is to be and shall remain an independent contractor under this Agreement and agrees to and does hereby accept fall and exclusive liability for the payment of any and all contributions or taxes for Social Security, Worker's Compensation Insurance, Unemployment Insurance, or Old Age Retirement Benefits, Pensions, or Annuities now or hereafter imposed under any state or federal laws which are measured by the wages, salaries, or other remuneration paid to persons employed by Concessionaire for work performed under the terms of this Agreement, and agrees to indemnify and save harmless City from any such contributions or taxes or liability therefor. In interpreting the provisions of this Agreement, the laws of the State of Texas shall prevail. 23. INVALID PROVISIONS In the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, conditions, of provision shall in no way affect any other covenant, condition, or provision herein contained, provided that the invalidity of such. covenant, condition, or provision does not materially prejudice, either City or Concessionaire in the respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. 24. NOTICES Notices to City provided for in this Agreement shall be sufficient if sent by registered or certified mail, postage prepaid, addressed to the Director of Aviation, Corpus Christi International Airport, 1000 International Drive, Corpus Christi, Texas 78406; and notices to Concessionaire shall be sufficient if sent by registered or certified mail, postage prepaid, addressed to: General Counsel HMS Host Corporation 6905 Rockledge Drive 7'h Floor Bethesda, MD 20817 Senior Vice President of Development HMS Host Corporation 6905 Rockledge Drive Bethesda, MD 20817 or to such other respective addresses as the parties may designate to each other in writing from time to time. Page 16 of 22 25. GOVERNMENTAL FACILITIES In the event the Federal Government discontinues the provision and operation of air traffic controls, navigational aids, and other airport facilities which are now or may hereafter be furnished by it, City shall not be required or obligated to furnish such facilities and services after discontinuance thereof by the Federal Government. 26. AIRPORT SECURITY Concessionaire covenants and agrees that it will at all times maintain the integrity of the Airport Security Plan and FAR Part 107, as amended from time to time. Should Concessionaire, through a negligent act of its own, allow access to the Security identification Display Area to an unauthorized person or persons, and City should be cited a civil penalty for the concessionaire's breach of security, Concessionaire agrees to reimburse City for any monetary civil penalty which may be imposed upon City by the Federal Aviation Administration. 27. GOVERNMENTAL RIGHTS Nothing in this Agreement shall be construed or interpreted in any manner whatsoever as limiting, relinquishing, or waiving of any rights or ownership enjoyed by City in said Airport or in any manner waiving or limiting its control over the development., improvement, operations, and maintenance of the Airport or in derogation of such governmental rights as City possesses, except as may be otherwise specifically provided herein. 28. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience in reference and are not intended to specifically define or limit the scope of any provision of this Agreement. 29. FAMILIARITY AND COMPLIANCE WITH TERMS A. Concessionaire represents that it has carefully reviewed the terms and conditions of this Agreement and is familiar with such terms and conditions and agrees to faithfully comply with the same to the extent to which said terms and conditions apply to its activities as authorized and required by this Agreement. B. It is understood that Concessionaire's proposal submitted in response to the Request for Proposal relative to the award of this Agreement, and any written answers to questions asked by City are all made part of this Agreement by reference, and this Agreement shall supersede any conflicting agreements. 30. SUCCESSORS AND ASSIGNS All provisions of this Agreement shall extend to bind and inure to the benefit not only of City and of Concessionaire, but also their legal representatives, successors, and assigns. 31. ATTORNEY'S FEES AND COSTS Should this Agreement be placed by CITY in the hands of any attorney for collection, or for handling costs of bankruptcy or probate proceedings, CITY shall be entitled to recover its costs and reasonable and necessary attorneys' fees. In such event, reasonable and necessary attorneys' fees are Page 17 of 22 agreed to be ten percent (10 %) of all sums due and owing under the Concession Agreement, unless otherwise pleaded and proved. 32. STATE LAW AND VENUE DETERMINATION This Agreement shall -be subject to and governed under the laws of the state of Texas. Any and all obligations and payments are due and performable and payable in Nueces County, Texas. The parties agree that venue for purposes of any and all lawsuits, causes of action, arbitrations, or other disputes shall be in Nueces County, Texas. 33. CANCELLATION OF ALL PREVIOUS NEWS AND GIFT CONCESSION AGREEMENTS By mutual execution of this Agreement the parties agree to cancel all prior News and Gift Concession Agreements in effect for operation by Concessionaire at Corpus Christi International Airport as of the date of said mutual execution. 34. PUBLICATION COSTS Concessionaire agrees to pay the costs of newspaper publication of this Agreement and related Ordinance as required by the City Charter. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officers and have affixed their corporate seals hereto as of the day and year first above written. EXECUTED IN DUPLICATE ORIGINALS this representative of the parties. ATTEST. Armando Chapa City Secretary Host International, Inc. Concessionaire: By: an Name: President Title: 4caiw. 76oa n, wido,.t EXHIBITS: Exhibit A - Exhibit B - Exhibit C - Exhibit D - day of , 2013 by the authorized City of Corpus Christi, Texas Ronald L. Olson City Manager Concession Premises Description Insurance Requirements Storage Premises Description Improvements Plan and Budget Page 18 of 22 EXHIBIT "A" LEASED PREMISES (concession premises) Page 19 of 22 qi M r �I. MI v�r I . 1 CID Q r•r t s i r I r , K Oj P,, I I M1 m I �siti na I� LEASED CITY GATE AREA Q COMPS Ch ISHfnteraatllollalAIrport CHECK POINT FOOD COURT Fi+.�EfRE Ct PROPOSED NEWSIGI rCONCEEMONAREA CORPV$ CHRISTI INTERNATIONAL AIRPORT 2002NEWS141FT LEAMEAOREEMENT EFFECTIVE NOTE; ALL MEASUMMEHTB TO DETERMINE THE AREA OFIEXCLUBWESPAVELEASED$HALL BI= FROM THE. INTERIOR OF THE "VERNAL WALLB AND ft"OM THE OENTERLINE TO GMT9RUNE OF EACH IMMRIOR (HALL, OR,° 14 THEAB5ENCE OF IWERIOR WALLS, THE ' POINT OF WM CENTERLINE WOULD BE LCOATED IF RUCH INTERIOR WALL EXISTED, XEY MAP PERMAIgNT 0GAI r WAIL 100, LOCAT.9M Dwv, sr. VIM $lllrOf aaxt p.VT� VICTORd .00Ii�SC;VRlSII acre s —xnDa • AYlMIM MIAWBAT vaa. soaZ- alaeiae -tEAsE AYL[T10ACfl7 lil�/'4r� ,rxn+mn, munwre.,.enM�.eur 27 EXIBIT "B" INSURANCE REQUIREMENTS Page 20 of 22 EXIBIT B INSURANCE REOUIREMENTS CONCESSIONAIRE "S LIABILITY INSURANCE A. Concessionaire 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. Concessionaire 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 to the extent of its interests for the General. Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE NEDTgCTM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily injury and Property Damage by policy endorsement(s) Per Occurrence / aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2_ Premises Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage b. Independent Contractors BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1, Owned 2. Hired & Non -owned WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH It OF THIS EXHIBIT. $500,000 / $500,000 / $500,000 EMPLOYER'S LIABILITY C. In the event of accidents of any kind related to this project involving employees of the City, Concessionaire shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Concessionaire 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 rneL B. Concessionaire's financial integrity is of interest to the City; therefore, subject to Concessionaires right to maintain reasonable deductibles, Concessionaire shall obtain and maintain in fall force and effect for the duration of this Agreement, and any extension hereof, at Concessionaire'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 reasonable 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. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.Q. Box 9277 Corpus Christi, TX 78469-9277 (3f 1) 826 -4555- Pax## D. Concessionaire 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 to the extent of their interests, 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. P. Within fifteen (15) calendar days of a suspension, cancellation, or non - renewal of coverage, Concessionaire shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Concessionaire's performance should there be a lapse in coverage at any time during this contract. Failure to provide a replacement Certificate of Insurance and applicable endorsements as set forth above shall constitute a material breach of this contract. G. In addition to any other remedies the City may have upon the suspension, cancellation, or non- renewal of Concessionaire's coverage, , the City shall have the right to order Concessionaire to discontinue sales hereunder, until Concessionaire provides a replacement Certificate of Insurance and applicable endorsements as set forth in Section ]IF, above. . H. Except to the extent otherwise provided herein, nothing herein contained shall be construed as limiting in any way the extent to which Concessionaire may be held responsible for payments of damages to persons or property resulting from Concessionaire's or its contractor's performance of the construction work covered under this agreement. 1. Except to the extent otherwise provided herein, it is agreed that Concessionaire'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. J. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT "C" LEASED PREMISES (storage premises) Page, 21 of 22 aXHMI C Rim | Ella � (■ / �� w 2 � | |¢ 2t 2 § § z En ( � � � . .. . .a EXHIBIT "D" IMPROVEMENTS PLAN AND BUDGET To be attached when provided. Page 22 of 22 H 0 N 2 N L 0 ^ � � 0 I Q � � V � � � O 0 � V � � 0 Q s o N � o � V - � i N O 0 04 V c .0 0 V } O ._ 0 4- 4 cn .O 0 0 } Q V 0 -*O 0 N M H j w 0 cd cd �-) Q Q W tiC/) Cj O cd O O U � � � � a � cd cd cd cd cd cd cd Cj CIJ • � P-i P-i P-i P-i P-i P-i � � C/1 C/1 C/1 C/1 C/1 C/1 C/1 C/1 C/1 C/1 C/1 [� [� V 0 J • CA ti ti .5 Z Z Z Z t/f � H � UO��w o CA CA ° �' �; o ° o a� � o �� '� a � c a L m '•' U x Q V V O m O O x W 0 } O O 4) N Q .. CF) O N Q � a O a 4) 0-0 O 0 0 O p 0 y VO �o C� p - 0` LO LO J Lo O 00 N C O N r�J 0 AGENDA MEMORANDUM xi First reading for the City Council Meeting of March 19, 2013 1852 Second reading for the City Council Meeting of March 26, 2013 DATE: January 17, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Planning and Environmental Services Email: PeteAn @cctexas.com Work Phone: 826 -3781 Texas Commission on Environmental Quality Grant for Air Quality Planning CAPTION: Ordinance ratifying the acceptance of Amendment No. 5 to the Grant Agreement with the Texas Commission on Environmental Quality and appropriating $371,520 in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. PURPOSE- This item ratifies the acceptance of the amendment to the grant agreement with the Texas Commission on Environmental Quality. It accepts and appropriates additional grant funds for air quality planning activities. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) has made an additional $371,520.00 available to the City for air quality planning. The City's Rider 8 Air Quality planning grant provides for the City to sub - contract Near Non - attainment Assessment and Planning and Pollution Prevention Partnership. The TCEQ and City will address the work program for the FY2012 -2013 funding through amendment of the work program to be administratively approved by the City Manager or designee. ALTERNATIVES: 1. Approval of the Ordinance as recommended. 2. Decline to accept the grant offer. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The contracts and selection process complies with City Policy. EMERGENCY / NON - EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Environmental Services FINANCIAL IMPACT: Operating X Revenue Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Current Award $683,702.25 $683,702.25 Encumbered / Expended Amount 0.00 0.00 This item 1 01 1 0.00 $371752000 BALANCE 1 01 1 0.00 1 $170557222.25 Comments: Funds not sub - contracted will be utilized to defray the cost of grant administration RECOMMENDATION: Approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Grant Agreement Amendment 5, ordinance Page 1 of 2 Ordinance ratifying the acceptance of Amendment No. 5 to the Grant Agreement with the Texas Commission on Environmental Quality and appropriating $371,520 in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Council ratifies the acceptance and execution of Amendment No. 5 to the Grant Agreement for air quality planning activities with the Texas Commission on Environmental Quality (TCEQ) to increase maximum TCEQ obligation by an additional $371,520.00, for a revised maximum TCEQ obligation amount of $1,055,222.25. A copy of Amendment No. 5 shall be filed in the office of the City Secretary. SECTION 2. That $371,520 is appropriated from the TCEQ in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. 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 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 TCEQ Contract Number: 582-11-11223 Contract Amendment 5 CONTRACT AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI Amendment Number 5 The Texas Commission on Environmental Quality (TCEQ) and the City of Corpus Christi (Performing Party) hereby agree to amend the Grant Agreement No. 582-11-11223 in accordance with general authority to enter the underlying grant agreement, Article 12.5, and Article 21, as follows: i. Replace the maximum TCEQ obligation included in Amendment #4 as item 1. with the following: "The maximum TCEQ obligation (Maximum Amount Available for Reimbursement) under this grant is revised to: $1,055,222.25." 2. Article 1 WORK, Article 1.3 WORK PLAN, Article 1.3 is amended to add the following language: "FY12 and FY13 work plans are requested 45 days from the time the Contract Amendment for funding is approved." 3. Article 2 REIMBURSEMENT, CONTRACT/GRANT AGREEMENT AMOUNT, Article 2.3 is amended so that the maximum amount of reimbursement to be provided by TCEQ for the completion of the Work shall not exceed $1,055,222.25 unless the parties amend this amount in accordance with the Grant Agreement Documents. The TCEQ shall not reimburse the Performing Party for any expenses not a part of the approved work plat). Fiscal Year breakdown of maximum amount of reimbursement: a. FY11-$612,922.25 of funding b. FY12- $70,780.00 of funding added via Amendment 4. c. FY12- $213,018.24 of funding d. FY'13—$158,501.76 of funding available for use pending signing of subsequent Contract Amendment that includes Work Plan/Budget. The original total amount, the amount of increases, and the amended maximum amount of reimbursement are as follows: Original Amount of Contract $ 516,329.26 Amendment 1 $ 0.00 Amendment 2 $ 96,592.99 Amendment 3 $ 0.00 Amendment 4 $ 70,780.00 Amendment 5 $ , 371,520.00 Revised Maximum TCEQ Obligation $1,055,222.25 Page 1 Of 2 TCEQ Contract Number: 582-11-11223 Contract Amendment 5 All conditions and requirements of Contract Number 582-10-11223 that are not addressed in Amendment Number 5 to this Agreement shall remain unchanged, and shall apply to all services specified herein just as if those services had been included in the original Agreement. PERFORMING PARTY: City of Corpus Christi By: (Authorized Signature) Ronald Olson (Printed Name) City Manager (Title) Date: Date: Page 2 of 2 Ordinance Appropriating $11,586.71 in the General Fund No 1020 from abandoned/ . unclaimed monies from the Police Property Room; Amending the FY 2012 -2013 operating budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020 by $11,586.71 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $11,586.71 from abandoned /unclaimed monies from the Police Property Room is appropriated in the General Fund No 1020. SECTION 2. That the FY 2012 -2013 operating budget adopted by Ordinance 029577 is amended by increasing revenue and expenditures in the General Fund No 1020 by $11,586.71. 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 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 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 852 Second Reading for the City Council Meeting of March 26, 2013 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Senior Companion Program (SCP) State Grant Award for FY12 -13 CAPTION: Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. PURPOSE: Appropriation of State grant funding to allow the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: As the Senior Companion Program sponsor, the City of Corpus Christi receives Federal and State grant funding for the program. This award of $5,381 is the State portion of the grant. This is the second year of a two year grant contract. ALTERNATIVES: Reject the grant and cut the number of homebound seniors served through the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate State grant funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 $5,381 $5,381 Encumbered / Expended Amount This item BALANCE J$5,381 1 J$5,381 Fund(s): Grant Fund 1067 Comments: No additional grant match is required. RECOMMENDATION: Staff recommends acceptance of the grant for the State's portion of the Corporation for National and Community Service for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Financial Award Page 1 of 1 Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. A $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund is appropriated for the Senior Companion Program. 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 ORD- appropGrant- SrCompanion- 2013[1 ] Nelda Martinez Mayor Igor' official use Only Notice ®f Grant Award Corporation for National and Community Service 601 Walnut Strect, Suite; 876 r Philadelphia, PA 19106 --3323 Senior Companion Program ............. . Grantee City of Corpus Christi 1201 leopard St PO Box 9277 Corpus Christi TX 78401 -2120 Award Information EIN:746000574 Agreement No.: 11SZWTX007 Project Period: ............... 09/01/2011 - 08/31/2013 Amendment No.: 2 Budget Period; 09/01/2012 - 08/31/2013 CFDA No.: 94.016 Grant Year: 2 Award Description Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as tnnended (42 U.S.C., Chapter 22) using inoney appropriated by the State of Texas. Funding Information Previously This Award! Total Current Year 2 Awarded Amendment Year This Year Dotal Obligated by CNCS $0 $5,381 $5,381 Grnntco'sUauibligaTed SO $0 $0 Balance f("mryover) Intel Available $0 $5,391 $5,381 Cumulative Funding for Project Period Tot�fl Awarded in Previous Amendments "Dotal CNCS funds Awarded to Date $5,381 $10,762 ............. Funding Source and Amount 2012 - OPF1- Q52 -C-00 -61413 -4.101 $5,381.00 Special Conditions Costs allowed tinder this grant are limited to those categories contained in signed application package dated 8/8/12. The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2012 which if incurred before the Signature date of this award, would have been reimbursed tinder the terms of this grant. Ternns of Acceptance; By accepfing funds under this grant, the Grantee agrees to comply with all terms and conditions of the gran) that are on the Corporation's website at liltl)s :/ /(!grants. cis. gov/ teriiisandcond itions/ FGPSCPTatidC-Revised2O101001 .pdf, all assurances and certifications tirade in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the alproved Grant application and budgets), supporling documents, and other representation% made in support of the approved Grant apl>'lication. Corporation for National and Community Service: Page t For official use only For Official Ike Only Notice of Grant Award 601 Walnut Street, Suite 876 E Philadelphia, 11A. 19106 -3323 Senior Companion Program Grantee City of Corpus Christi EIN: 746000574 1201 Lcopard St PO Box 9277 Corpus Christi TX 78401 -2120 Corporation for National and Community Service: 09/26/2012 ,Z-( , rv� sigmitu e -- Date Lennctte 13. White Nance (typed) Senior Grants Officer Title I ennette E White 215 - 964 -6309 (.iral* Official LeRoy Minor, (512) 916 -5671 program Oil icial Page 2 For Official Usc Only 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 1852 Second reading for the City Council Meeting of March 26, 2013 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3494 Mayor's Fitness Council Amendment to duties and membership CAPTION: Ordinance amending the Code of Ordinances regarding Mayor's Fitness Council duties and membership. PURPOSE: The purpose of this amendment is to change the structure of the Mayor's Fitness Council from thirteen (13) members to nine (9) members, as well as update the duties of the group to include its efforts to make policy and environmental changes to address chronic disease. BACKGROUND AND FINDINGS: The Mayor's Fitness Council (MFC) was created in 2010 in response to our community's growing battle with the negative impacts of chronic disease such as diabetes, cardio pulmonary disease, cancer, etc. The Council was tasked with collaborating with partners to host sporting events, fairs and activities to encourage residents to become physically active and lead healthy lives. Since its creation, the Council has been awarded several grants via the Center for Disease Control, National Parks and Recreation Association and Texas Department of Health and Human Services that have expanded the group's efforts to include advising City Council and the community on policy, system and environmental changes (such as the construction of community gardens and hike & bike trails, long term planning for mobility and parks & recreation, etc.) that can create positive measurable change in the battle against chronic disease. The proposed amendment includes these efforts in the MFC's duties. Initially comprised of thirteen members representing various sectors of the community, the MFC has been struggling to meet quorum since its inception. The current MFC has reviewed the original ordinance and made suggestions for combining seats that are redundant and creating a smaller, more dynamic council that can adequately address health and fitness issues in the community in a timely manner. ALTERNATIVES: Do not approve the amendment and keep original structure of the Mayor's Fitness Council 1111111, il�iiijglji: 11 :11 Not applicable CONFORMITY TO CITY POLICY: City Council must approve all changes to Boards and Commissions duties and memberships. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal City Secretary's Office ❑ 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 the approval of the amendment. `"0 ' - •7 iNI ['M IT ►�ilJail ��i� Ordinance amending the Code of Ordinances regarding Mayor's Fitness Council duties and membership. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Chapter 2, Division 30, Section 2 -297 of the City Code of Ordinances regarding membership of the Mayor's Fitness Council, is amended to read as follows: "SECTION 1. DIVISION 30. - MAYOR'S FITNESS COUNCIL Sec. 2 -295. - Created; purpose. There is hereby created the Mayor's Fitness Council. The purpose of the committee is to encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. (Ord. No. 028525, § 1, 3 -23 -2010) Sec. 2 -296. - Duties. The committee shall act as an advisor to the city council, city manager, parks department, and health district regarding promotion of healthy living, including but not limited to the following activities; (a) M.aF en way-&-To encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. (Ord. No. 028525, § 1, 3 -23 -2010) (b) To collaborate with community leaders in all sectors to develop and implement Policy and environmental improvement strategies that will help combat chronic disease such as diabetes, cardio pulmonary disease, and cancer. Sec. 2 -297. - Membership; terms; filling vacancies; ex- officio members. (a� The committee shall consist of thirteen (1 24 nine 9 members, to be appointed by the Mayor with the approval of the City Council. The committee shall consist of individuals representing the following categories: VeteF-ap's etlReGG, GGrn�e health care /medical professionals, worksite wellness, G ell �i i ege ni"erc Y, disability disability networks, faith haoer! nartnero' senior ^i +i;zen n,ellness initiatives, youth's sGheel preg s initiatives, community outreach. - genial a „enter and +we (2) three 3 at large members. " Irrriaiwn frgM the GGYerngro /�r!"iogr” GG mail gn DhyGinal Citneoo ,e,ill the Geyerngr'o "d-yi1sen, GG innil the Of the initial Members eight (8) McMhero shall nerve a twe year term and five (5 rrne.rnbe.r.,; sh-WI SeHFe— a-- GRe-year term, as determined by a drawing to he r__e:)n.J�=ed At the inn ii +ial ngmmi +tee Mee +iRg ThneF eF aAII terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. The staaaered terms are as follows: 2 (1) The members filling the following five (5) categories have a two year term which ends in even numbered year: Health care /medical professionals, Senior initiatives, Youth initiatives, Community Outreach, and one At large member (2) The members filling the following four (4) categories have a two -year term which ends in odd numbered year: Worksite wellness, Disability networks, and Two At -large members, (c) In the event a vacancy occurs during any term, the replacement shall be appointed by the Mayor with approval of the City Council to fill the unexpired term. (d)Ex officio members will include Director of Parks and Recreation, and the Director of the City County Public Health District. (Ord. No. 028525, § 1, 3 -23 -2010; Ord. No. 0285987 § 17 5 -11- 2010)" 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 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. 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 , 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 3 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROK Mike CulbertsonZ*r (361) 882-7448 mculbertson@ccredc.col --- . ............................ . ... ........................... I Ordinance Defining "'Catalyst Area" and Establishing the Downtown Catalyst Area in Corpus Christi, Texas J1111 - - --------------- *rdinance defining "Catalyst Area" and establishing the Downtown Catalyst Area in the City of Corpus Christi, Texas 12-W zip onfrom Parts of the City historically have not had beneficial growth and/or have had blight or substandard or deteriorating structures and infrastructure. These areas would benefit fro economic incentive tools, such as tax abatement, to spur development of these areas. Th resolution defines such areas as, "Catalyst Areas." I the 2010 census reduced the area of the enterprise zones downtown, To include those areas on the south side of downtown requires the City to establish a reinvestment zone. The Downtown Catalyst Area includes all of the Downtown TIF to help the City cover all of the potential sites for growth. This reinvestment zone does not affect the functioning of the TIF tistrict. sm FINANCIAL IMPACT: Ei Operating Revenue Fi Capital Not applicable Page 1 of 2 Ordinance Defining "Catalyst Area" and Establishing the Downtown Catalyst Area within the City of Corpus Christi, Texas. Whereas, it is the policy of the City to encourage the redevelopment of areas wherein the creation and retention of new jobs and investment will benefit the area economy, provide needed economic opportunities, strengthen the real estate market, and generate tax revenues to support local services; and Whereas, areas of the City that substantially arrest or impair the sound growth of the City, retard the provision of housing accommodations, or constitute an economic or social liability or menace to the public health, safety, morals or welfare are areas that need to be improved and that would benefit from economic development tools to attract developers and investors; and Whereas, the City Council desires to define such areas as "Catalyst Areas" in which the City shall promote enhanced economic incentives to encourage investment and development, such Catalyst Areas to meet the criteria described in Section 312.202 of the Texas Tax Code; and Whereas, the City Council desires to establish the Downtown Catalyst Area. Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Definition of Catalyst Area: The City Council hereby defines, "Catalyst Area," as an area of the City that substantially arrests or impairs the sound growth of the City, retards the provision of housing accommodations, or constitutes an economic or social liability or menace to the public health, safety, morals or welfare, which area needs to be improved and which would benefit from economic development tools to attract developers and investors, such Catalyst Area to meet the criteria described in Section 312.202 of the Texas Tax Code. Section 2. Creation of Catalyst Areas: The City Council hereby establishes the Downtown Catalyst Area, the locations and boundaries of which is more particularly described on Exhibit A attached hereto and incorporated by reference herein. 10]V.]101 r_101 N7MUM r_1W&Ir_1MAGM IaiB 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 , 20137 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 , 20137 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary 10]U.]101 r_101 N7MUN r_1W&Ir_1NAGM ,aiB Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , 2013. Nelda Martinez Mayor 0 500 1,000 2,000 3,000 4,000 Downtown Area Catalyst Area ® ® ® ® ®M DOWNTOWN ci�y�r Feet ® ® ® ®® j?416 K:\DevelopmentSvcs \SHARED \GIS Projects \CATALYST AREA \DOWNTOWN Christi. — 151 Downtown - Tax Increment Financing District \ 0 0.5 1 2 City of Corpus Christi \1 Development Services KZ N Miles prepared By D. Bryant AGENDA MEMORANDUM ablic Hearing/ First Reading Ordinance the City Council Meeting of March 19, 2013 Second Reading Ordinance for the City Council Meeting of March 26, 2013 DATE: March 13, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp@cctexas.com FROM: Mike Culbertson (361) 882 -7448 mculbertson@ccredc.com Ordinance Designating the Downtown Reinvestment Zone CAPTION: Ordinance Designating the Downtown Reinvestment Zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). PURPOSE: To designate the Downtown Reinvestment Zone under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code), which is located in a Catalyst Area within the City. BACKGROUND AND FINDINGS: The Downtown Catalyst Area historically has not had beneficial growth and /or has had blight or substandard or deteriorating structures and infrastructure. This area meets the criteria for reinvestment zone as stated in Section 312.202 of the Texas Tax Code and would benefit from economic incentive tools, such as tax abatement, to spur development of this area. Designating Reinvestment Zones within the Catalyst Area allows the City to encourage reinvestment in this area by offering property tax abatement to developers. This Ordinance establishes the Downtown Reinvestment Zone. The Downtown Reinvestment Zone includes all of the Downtown TIRZ to help the City cover all of the potential sites for growth. ALTERNATIVES: none OTHER CONSIDERATIONS: The Downtown Reinvestment Zone will allow the City to incentivize any development south of downtown, to include the dedicated park areas, without having to amend the current tax abatement guidelines or grant a variance for any development seeking for incentives. CONFORMITY TO CITY POLICY: Defining and establishing the Reinvestment Zone is consistent with the City's stated goals of improving the City and promoting economic development by incentivizing business to locate and thrive in Corpus Christi. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends the Council designate the Downtown Reinvestment Zone in Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Reinvestment Zone map Page 1 of 2 Ordinance Designating the Downtown Reinvestment Zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act "), Texas Tax Code, Chapter 312, as amended, authorizes the City Council of the City of Corpus Christi to designate a zone for property tax abatement under the Act; and Whereas, it is the policy of the City to encourage the redevelopment of areas wherein the creation and retention of new jobs and investment will benefit the area economy, provide needed economic opportunities, strengthen the real estate market, and generate tax revenues to support local services; and Whereas, the area of Downtown meets the criteria for a reinvestment zone as stated in Section 312.202 of the Act; and Whereas, on Monday, March 11, 2013, notice of a public hearing on the designation of the Downtown Reinvestment Zone was published in a newspaper of general circulation in the City of Corpus Christi, and on Monday, March 7, 2013, notice was given by U.S. Mail, certified, postage prepaid, return receipt requested, to the presiding officer of the governing body of each taxing unit including property in the proposed Zones in accordance with the Act; and Whereas, the City Council of the City of Corpus Christi conducted a public hearing on Tuesday, March 19, 2013, at which all interested persons were entitled to speak and present evidence for or against the designation of the Zone for temporary property tax abatement. Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Creation of Zones: The City of Corpus Christi finds and determines that the Downtown area of the City meets the criteria to be designated as reinvestment zone stated in Section 312.202 of the Act and is reasonably likely, as a result of the designation, to contribute to the expansion of primary employment and will attract major investment in the Zone that would be a benefit to the properties and would contribute to the economic development of the City, and that this area should be designated as the Downtown Reinvestment Zone. The location and boundaries of the Zone is more particularly described on Exhibit A attached hereto and incorporated by reference herein. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 20137 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 That the foregoing ordinance was read for the second time and passed finally on this the day of , 20137 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 2013. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0 500 1,000 2,000 3,000 4,000 Downtown Area Catalyst Area ® ® ® ® ®M DOWNTOWN ci�y�r Feet ® ® ® ®® j?416 K:\DevelopmentSvcs \SHARED \GIS Projects \CATALYST AREA \DOWNTOWN Christi. — 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 852 Second Reading for the City Council Meeting of April 23, 2012 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Public Hearing and Ordinance for Lease of a Portion of Mt. Vernon Park to the Corpus Christi Area Council for the Deaf CAPTION: Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. PURPOSE: Amend the current lease with the Corpus Christi Area Council for the Deaf for Mt. Vernon Park to accommodate a proposed expansion of the Deaf & Hard of Hearing Center. BACKGROUND AND FINDINGS: The Corpus Christi Area Council for the Deaf has a lease agreement for .4 acres of Mt. Vernon Park (5100 block of McArdle Road — near La Palmera Mall) to maintain and operate The Deaf and Hard of Hearing Center. The original lease signed was signed in 1983. An amendment the lease was amended in 1991 in order to meet Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) guidelines for funds used to expand the facility. The most recent amendment was approved on January 13, 2004 extending the term of the lease to April 10, 2014 with an automatic renewal for an additional ten year term. In 2012, the Corpus Christi Area Council for the Deaf approached the Parks & Recreation Department regarding the possibility of amending the current lease to allow for a 3,750 square foot expansion of the Center and the associated increase for parking spaces. The expanded lease area will include approximately .677 acres of the park. Mt. Vernon Park was indentified in the 2012 Corpus Christi Parks and Recreation Master Plan as a park to be repurposed. The lease amendment is congruent with the department's efforts to create partnerships and /or identify alternate uses for the park. ALTERNATIVES: Do not approve the lease and negate plans to expand the Deaf and Hard of Hearing Center. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all leases with terms of five years or more. EMERGENCY / NON - EMERGENCY: This item requires at least a 28 day delay between the first and second reading. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital XNot 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: There is no revenue associated with this item. RECOMMENDATION: Approve the amendment to the lease. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Survey of .677 acres of Mt. Vernon Park Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. Whereas, The Corpus Christi Area Council for the Deaf currently has a lease with the City of Corpus Christi for approximately .4 acres out of Mt. Vernon Park, which is located along the 5100 block of McArdle Road; Whereas, The Corpus Christi Area Council for the Deaf desires to expand its operations from approximately .4 acres to .677 acres of Mt. Vernon Park; Whereas, Chapter 26 of the Texas Parks & Wildlife Code requires the City Council to hold a public hearing to determine if a feasible and prudent alternative exists prior to taking or using a public park for a non -park purpose, such public hearing to be held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing; and Whereas, notices of the public hearing were published on Tuesday February 19, 20137 Tuesday February 26, 2013, and Tuesday March 5, 2013 in the Corpus Christi Caller - Times; and Whereas, City Council held a public hearing on March 12, 2013 to receive clearly enunciated locate preferences concerning the expanded lease of .677 acres of Mt. Vernon Park with The Corpus Christi Area Council for the Deaf at its regularly scheduled City Council meeting; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The facts set forth in the preamble of this ordinance are true. Section 2. That City Council followed the requirements of Chapter 26 of the Parks & Wildlife Code to determine if there was a feasible and prudent alternative to the expanded use of Mt. Vernon Park property for non -park purposes, in particular the expanded lease of the park property to The Corpus Christi Area Council for the Deaf. Section 3. That after conducting the public hearing, the City Council determines that there was no feasible and prudent alternative to the expanded lease of the Mt. Vernon Park property to The Corpus Christi Area Council for the Deaf. Section 4. That after conducting the public hearing the City Council determines that all reasonable planning has occurred to minimize the harm to the park resulting from the expanded use. Section 5. That the City Council considered clearly enunciated local preferences in making the findings that justify the approval of the lease to The Corpus Christi Area Council for the Deaf. Section 6. That the City Manager or designee is authorized to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for the expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. 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 Page 1 of 13 LEASE AGREEMENT THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This Lease Agreement is by and between the City of Corpus Christi, Texas, a municipal corporation (hereinafter "City"), and the Corpus Christi Area Council for the Deaf, Inc., a non-profit corporation (hereinafter "Lessee"). W1 T N E S S E T H: WHEREAS, the Lessee is organized exclusively for the charitable purpose of providing se-tvices-to-deaf person- s; WHEREAS, in 1991 Lessee requested a revision of its 1983 Lease agreement in order to i incorporate Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations; WHEREAS, the City originally leased the Premises to Lessee for a -ten (10) year term beginning March 1, 1983, by lease dated February 4, 1983 ("1983 Lease"); WHEREAS, the City by "Lease Agreement Amendment" dated December 29,1991 ("1991 Lease") (authorized by City Council Ordinance No. 021272 dated October 29, 1991), revised and extended the 1983 Lease for a period of ten (10) years beginning December 29, 1991, and ending on July 14, 2001; WHEREAS, the City found and determined that the lease amendment dated December 29, 1991, would further the popular enjoyment of the park property and was consistent with the goals for public recreation established by the City to extend these services to a broad spectrum of the population; WHEREAS, the City has found and determined in the ordinance authorizing this lease that the 1991 Lease should be extended by this lease; and the Premises shall be considered to have been continuously leased to Lessee under the terms of the 1991 Lease from the beginning of the 1991 Lease until the beginning of this lease; WHEREAS, the City Council held a public hearing on the 13 h day of January 2004, and compiled with the requirements of Chapter 26 of the Texas Parks and Wildlife Code regarding the use of park lands; WHEREAS, the City approved a lease amendment dated January 13, 2004 to extend the term until April 10, 2014, with an automatic renewal for an additional ten year term; WHEREASE, the Lessee desires to expand its leased premises for new construction; Page 2 of 13 WHEREAS, the City Council held a public hearing on the day pf , and complied with the requirements of Chapter 26 of the Texas Parks and Wildlife Code regarding the use of additional parklands; NOW, THEREFORE, in consideration of the premises, covenants and conditions in this Lease, the City and Lessee mutually agree as follows: Section I. Promises. The City grants, leases and demises unto Lessee and Lessee rents and leases from the City the following parcel of real property located in Corpus Christi, Nueces County, Texas ("Premises"): A site having the dimensions of approximately 242.5 feet by 120 feet, located on the north and east portion of a tract known as Mt.-Yernon-Park along McArdle Road, The site and park are more fully described in the attached Exhibit "X'. Section 2. Term. a. The primary term of this Lease shall be ten (10) years beginning sixty one (61) days after final adoption by City Council of the ordinance authorizing this Lease and ending on the day of I , and when the primary term begins the Premises shall be deemed continuously leased under the 1991 Lease from the beginning of the 1991 Lease until the beginning of this lease. b. At the end of the primary-term, this Lease shall be automatically extended for an additional ten (10) year term; provided, however, that either party may terminate this Lease at any time upon giving the other party one year's written notice in advance of intention to terminate. Section 3. Purpose. Lessee shall operate the Premises exclusively for the following purpose and uses incidental thereto: To operate a public service and recreation center (hereinafter the Project) designed to primarily benefit the deaf and hard of hearing persons of the community. Should Lessee ever receive Community Development Block Grant Funding subsequent to the effective date of this Lease, then the following purpose shall apply to this Lease: To further the primary objective of the Act as outlined in Federal Register 24CFR 570.200 and to provide safe and sanitary public facilities for handicapped individuals; and to further provide additional services to help the deaf and hearing impaired person to live as independently as possible in the hearing world and at all times in accordance with Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) regulations. Section 4. Construction. a. Lessee constructed improvements to the Lessee. It WMEUM the building on the Premises in 1983. Lessee constructed building in 1991 and 2001 using CDBG funds allocated to Lessee desires to construct new improvements at the Premises. Lessee agrees to add to, maintain, and operate a public service and recreation center (hereinafter the Project) designed to primarily benefit the deaf and hard of hearing persons of the community. Lessee agrees to construct certain improvements on the Premises in the furtherance of said Project, which improvements shall be constructed in accordance with plans and specifications approved by the City Director of Parks and Recreation and the City Director of Engineering Services. Lessee shall have full and complete responsibility for the preparation--of such plans and --specifications,— obtaining all required Federal, State, and local permits, and supervision of construction of the Project. c. Lessee agrees that the entire costs of construction of the Project, including initial site work, architect's and engineers fees, inspection, installation of utilities, and all other costs related to completing , equipping, and stocking the facility, shall be borne entirely by Lessee. The City does not assume nor will it in any way be responsible for any of the financial obligations incurred or created by the Lessee in connection with the construction, equipping and operation of the Project. Section S. Furnishings. Lessee shall be responsible for furnishing'and equipping the building and City has no obligation to furnish any. equipment or furnishings for Lessee. All personal property furnished by Lessee or donated by others on behalf of Lessee shall remain the property of Lessee unless specifically donated to City. Section 6. Maintenance and Utilities. Lessee agrees to maintain the Premises during the term of this Lease in a clean and attractive appearance. Lessee shall be responsible for all costs of maintenance, utilities and the collection and removal of any trash or rubbish from the Leased Promises. Section 7. Duties at Termination or Expiration of lease. At the expiration of the term of this Lease, or any extension thereof, Lessee shall release and deliver unto the City the Premises and all facilities Included thereon in reasonably sound condition, normal wear and tear excepted.. Lessee may remove at its own expense any supplies, furniture or equipment which are not classified as fixtures and which may be removed without damaging the remaining improvements. Page 4 of 13 Section 8. Records. Should Lessee receive CDBG fuhds subsequent to the effective date of this lease, then the following provisions shall apply: a. Ogeration Records. Lessee will provide access to the documentation of clientele being benefited by the Facilities and the activities being carried out in the Facilities which pertain to the operations of the Facilities and all obligations pursuant to this Agreement, including all information on matching funds, if any, Wring regular business hours for the purpose of City - and /or HUD conducted audits or monitoring. b, Equal Particll2gtion Documenjajion. Lessee shall also keep and provide access to records documenting compliance with Section 109 of the Housing and Community Act which requires that no person shall on the grounds of race, color, national origin or sex, be -excluded from -- participation in, -be --den led .-the-bene fits of, or be subjected to discrimination under, any program or activity funded in whole or in part with community development funds made available pursuant to the Act. c. Information and Reports. Lessee shall provide any 1 ' nformation, reports, data and/or forms pertinent to this Agreement as the Director of Housing and Community Development for the City may from time to time request for the proper administration of this Agreement. d. OMB Circular A -110. Lessee shall comply with the following attachment to OMB Circular number A -110: Attachment C, "Retention and Custodial Requirements for Records", except, in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in Section 570.507, in which the specific activity is reported on for the final time; e. Compliance Documentation. Lessee shall keep and provide access to records documenting compliance with the following sections of the Housing and Community Act 24 CFR 570, et seq: 5770,610 Uniform Administrative Requirements and Cost Principles; and 570.611 Conflict of Interest. If there is a conflict of interest with any employee, agent, consultant, officer or member of the Board of Directors of lessee, identify by name and title the person with the conflict and the nature of the conflict. Section 9. Compliance with Laws. Lessee agrees that in operation of the Premises and all programs offered by Lessee at the Premises 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 Premises and all programs offered by Lessee at the Leased Premises, 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 Premises during the term of this Lease Agreement, at Lessee's sole expense and cost. Section 10. Non-discrimination policy. Lessee agrees that in the conduct of programs a non-discrimination policy will apply, and that the Premises may be utilized by the public in accordance with reasonable scheduling requirements on a first come, first served basis. Section 11. Fees. Lessee may charge fees for rooms and use of the Premises facilities and may conduct instructional classes for fees. All of the fees and charges shall be reasonable in keeping with charges and fees assessed at other recreation centers within the City and must be first approved by the City Director of Parks and Recreation. Section 12. Changes In Programs. Lessee agrees that no changes in programs, plans or fee schedules for activities at the premises facilities may be implemented without first obtaining the prior approval of the City Director of Parks and Recreation, Section 13. Insurance. Lessee agrees to secure and maintain throughout the term of this Lease, or any extension, at Lessee's expense, the policies of insurance described on the attached Exhibit. The policies of insurance shall name the City as an additional insured by their terms and shall contain provisions that they cannot be cancelled, allowed to lapse, or materially changed unless ten (10) days' notice of shall first have been served upon the Director of Park and Recreation. Lessee shall promptly provide copies of all insurance policies upon City's written request. Certificates of insurance for all policies shall be furnished to the Director of Park and Recreation prior to any construction activities pursuant to this Lease Agreement and maintained at all times throughout the term of this Lease Agreement, Section 14. Indemnity. Lessee shall indemnify the City of Corpus Christi against any and all losses, claims, demands, and defend any suit or action for damage of every kind and character made against the City of Corpus Christi based on personal injury of any person, including death and for loss of or damage to property of any person, whether caused by the City of Corpus Christi and Lessee or however same may be caused, growing out of any act, occurrence or omission, or incident to or resulting, from the performance, or failure to perform the work or the provisions of this Agreement. Section 15. No assignment. Lessee shall not sublet or assign this Lease, or any part thereof, without the prior written consent from Lessor. Section 16. Publication Costs. Lessee agrees to pay the costs of newspaper publication of this Agreement and related ordinance as required by the City Charter. Section 17. Ta"s and other assessments. Lessee shall pay any ad valorem taxes associated with the Improvements or the Premises which may be levied during the term of this Lease Agreement 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 Leased Premises, Lessee shall from time to time, duty pay and discharge or cause to -be discharged or to be paid, when the sum becomes due, all taxes, 'assessments, and other government charges which are lawfully imposed upon the Premises and which, if unpaid, may by law, become a lien or encumbrance upon such Premises and thereby impair or otherwise adversely affect the holding such Premises for the use set out in this Lease Agreement, This Lease Agreement constitutes the entire agreement of the parties. Page 7 of 13 EXECUTED IN DUPLICATE, each of which shall be considered an original, on the 4- day of Ca" ,, Q13 . LESSEE: Corpus Christi Area Council for the Deaf, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This in trument was acknowledged before me on 12 ,7 C Jv �-P , 20L, by 1.; Executive Director of Corpus Christi Area Council f6r the Deaf, Inc., a xas nonprofit corporation, on behalf of the corporation. N ry Pu o c, State of xa PH tName: JACQUELINE L M W13140"" Notary Public, §tste at town Seal: . My COMMINlon hPi►n p i WO i OJ2pi4 Expiration Date: ATTEST Armando Ghapa City Secretary CITY OF CORPUS CHRISTI -M Q. � z 1-0 --- - - . 2 D. i )WVd NOM I.LVI I PUBLIC PARK MT. VERNON SID., UNIT 3 V-19,P.84(M,R.N.C.T.) Z 0 00, 0 rao 0 79 PUBLIC PARK 0 MT. VERNON SIC]., UNIT 3 VA 9, P. 84 (M.R.N.C.T.) $16,4 ft A'0'41'2�eh 60 .0 .001 29,494 S.F. OF PUBLIC PARK fp 4, (0) nyr r (1� 4-2 V." a LAPALMERA C:r z VERNON cy MT. ON 8/0. UNIT 3 V.61, P. 92-93 (M.R.N.C.T.) 11-7 ft trop" Items whin Zone 0, sawang to FILM SS, wNth N NOT YdNn the to0 Year Flood plelin, KEY: W006�eNcE (RECORDED) X VOSS ENGINEERING, INC. (MEASURED) WIRE FENCE ENGINEERING & LAND SURVEVING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEuS 78413 VINYOFENCE PHONE! 301-864.8202 FAX- 361.8534696 f, "Mkvom 4Rw*t0wpMNMi".1Lww $,.r.rY.`Ootw aq 9F. - ""11*11*wAvfts NOTES t 4 lt4. = Iwo: O.N 0 1 #.I...* V.) FwW W I.R. 0 all W owws LWm noted olherMae. ........... -sPNbnW%WWftbwWiot&T&PdkymTgeopTmm NOT VAUD VATHOUT ORIGINAL NOTE: THIS allRVEY ts FOR THE SOLE USE OF THE SUrYER, TRUE COMPAN OR MORTGME COMPANY IN THIS TRANSACTION ONLY. NO LICENSE Y. HAS 2293 SIGNATURE AND OMONAL SEAL. SEEN CREATED, EXPRESSED Olt IMPLIED. TO COPY THE SURVEY, VOICH Is VOID AFTER SIX MONTHS FROM THE DATE OF THIS SURVEY. BUYER, - RelIlslared Professional Land Surveyor State ofToxss No. 2293 6 7 A E. I T4-7712 - REVISION- 0.677 Ac. of The Public Park, Mt. Vernon Subdivision Unit 3 CREW. RS & DL OFFICE: RV & CA Volume 19, Page 84, (M.R.N.C.T.) GFM Corpus Christi, Nueces County, Texas; JOBM 12-8478 KEY: W006�eNcE (RECORDED) X VOSS ENGINEERING, INC. (MEASURED) WIRE FENCE ENGINEERING & LAND SURVEVING 6838 GREENWOOD DRIVE, CORPUS CHRISTI, TEuS 78413 VINYOFENCE PHONE! 301-864.8202 FAX- 361.8534696 Page 10 of 13 I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City, Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Lessee must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be n"amed-as-an-additional insured on-the General --liability_ policy-, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 3i} written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable policy endorsements Per occurrence - aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned - 2. Hired and Non-Owned Lessee will be responsible for any and all damage to property or equipment Property Coverage used regardless if owned, rented, Page 11 of 13 leased or borrowed, WORKERS' COMPENSATION Applicable for paid employees, WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION 11 OF THIS EXHIBIT EMPLOYERS' LIABILITY 1 $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance Company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain In full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- Vf 1, 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 Manager and Parks and Recreation Director P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect t - o 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 and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement; Page 13 of 13 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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. p AGENDA MEMORANDUM Public Hearing /First Reading Ordinance for the City Council Meeting of � pia March 19, 2013 1852 Second Reading for the City Council Meeting of March 26, 2013 DATE: January 30, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Director MarkVV@cctexas.com 361.826.3246 Amendment to the Unified Development Code ( "UDC ") by revising Article 8, Section 8. 1, subsection 8.1.1, related to Authority regarding subdivisions located in the extraterritorial jurisdiction of the City CAPTION: Ordinance amending the Unified Development Code ( "UDC ") by revising Article 8, Section 8.1, subsection 8.1.1, related to Authority regarding subdivisions located in the extraterritorial jurisdiction of the City by adding language to incorporate Chapter II of the December 13, 2006 Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364 of Title 31 of the Texas Administrative Code; providing for severance, penalties, and publication. PURPOSE: To amend the Unified Development Code to add the requirements and enforcement of the Model Subdivision Rules to plats and subdivision of land within the Extraterritorial jurisdiction of the City of Corpus Christi. BACKGROUND AND FINDINGS: On May 28, 2003, the City of Corpus Christi and Nueces County executed an interlocal agreement relating to the approval of plats within the extraterritorial jurisdiction (ETJ) of the City of Corpus Christi. The agreement delegated the authority to administer the provisions of Chapter 232 of the Texas Administrative Code within the City of Corpus Christi's ETJ located with Nueces County. The agreement required the preparation of an Appendix A that identified the most stringent requirements required by either jurisdiction. On October 19, 2004, the agreement was amended by revising Appendix A. The only substantive changes that were made dealt with the procedures to be followed when processing plats. On December 13, 2006, Nueces County Subdivision Regulations and Platting Requirements became effective. Chapter II of the regulation includes Model Subdivision rules that comply with Section 16.350, Texas Water Code. The purpose of this chapter is to ensure that adequate water and wastewater facilities are provided to subdivisions within the jurisdiction of Nueces County. Key elements include: 1. Minimum standards to water and wastewater facilities. 2. The requirement for the facilities to be constructed or for the developer to provide a financial guarantee for the improvements. 3. It allows the Attorney General, the District Attorney, or County attorney to enforce the provisions. Section V., B. of the interlocal agreement states that if the municipal regulation or the county regulation relating to plats and the subdivision of land conflict, the more stringent regulation applies. In this case, Chapter II of Nueces County's Subdivision Regulations and Platting Requirements is more stringent than the Unified Development Code and is enforceable under the interlocal agreement; however, it is the opinion of the Attorney General's office that the City of Corpus Christi needs to specifically adopt these provisions in order to enforce the provisions within the ETJ. The ordinance provided addresses this issue. ALTERNATIVES: Disapproval of the proposed text amendment OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Amendments to the UDC to ensure compliance improve the quality and effectiveness of the code. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Nueces County Judge and staff 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: The Planning Commission and staff recommend approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code ( "UDC ") by revising Article 8, Section 8.1, subsection 8.1.1, entitled "Authority," by adding language to incorporate Chapter II of the December 13, 2006, Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364, Title 31, Texas Administrative Code; providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 19, 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 8.1, subsection 8.1.1. of the Unified Development Code ( "UDC "), entitled "Authority," is amended by revising the text to read as follows: "Article 8. Subdivision Design and Improvements. "8.1 General Provisions "8.1.1. Authority "The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapters 211 and 212. Subdivisions located in whole or in part in the portion of the ETJ of the City shall be subject to an interlocal agreement under Texas Local Government Code Chapter 242 .,t and Chapter II of the December 13, 2006, Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364, Title 31, Texas Administrative Code, as it may be amended Page 1 of 3 from time to time. In cases of conflict, the more stringent regulation shall apply." SECTION 2. 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. SECTION 3. 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 4. 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 , 20137 by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 3 PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 2013. Nelda Martinez Mayor Page 3 of 3 t�s C p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2013 2852 Second Reading for the City Council Meeting of April 9, 2013 DATE: February 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Carl Badalich and Sherry Badalich (Case No. 0213 -02) Change from "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay Property Address: 7269 State Highway 361 CAPTION: Case No. 0213 -02 Carl Badalich and Sherry Badalich: A change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, not resulting in a change of future land use. The property is described as Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313, and 3B, located between State Highway 361 and the Gulf of Mexico, approximately one -half mile north of Sea Way Drive. PURPOSE: The purpose of this item is to rezone the property to allow a Planned Unit Development consisting of 31 single - family dwelling units, two townhouse units, and a multifamily structure, which is a change from the previously approved 23 -unit townhouse Planned Unit Development. RECOMMENDATION: Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay, subject to nine conditions: Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 31 single - family dwelling units, two townhouse units, and one or more multifamily structures. The development of the Property shall be constructed in two phases: Phase 1 consists of 21 single-family dwelling units and Phase 2 consists of 10 single - family dwelling units, two townhouse units, and one or more multifamily structures. The multifamily portion of the development is subject to specific requirements regarding multifamily structures as set out in the UDC. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 60 dwelling units per acre. 3. Building Height: The maximum height of the single - family dwelling units and townhouse units is three stories, with a maximum of 45 feet of habitable space. The height of the multifamily structures in the development must be in accordance with the provisions set out in the UDC. 4. Parking: Each dwelling unit must have two parking spaces within a private garage. Dwellings in Phase 1 must have an additional two guest parking spaces on a 20 -foot long by 18 -foot wide driveway located on each dwelling's lot. Dwellings in Phase 2 must have a minimum of 7 parking spaces in a shared guest parking lot as identified in the Master Site Plan. Parking on the Property shall be designed and utilized not to impede access for fire apparatus. 5. Setbacks: Minimum eight -foot wide front yard setbacks shall be provided for each lot in Phase 1, and minimum five -foot wide front yard setbacks shall be provided in Phase 2. Minimum side and rear yard setbacks for all lots in both phases shall each be five feet. The Property shall provide a minimum open space requirement of 30 %. Setbacks for the multifamily portion of the development shall be a minimum of five feet. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet in Phase 1 and 20 feet in Phase 2. The fire apparatus turn around shall be constructed in accordance with the approved Master Site Plan unless otherwise approved by the Fire Department. The private street shall be striped to indicate "Fire Lane /No Parking." Access and circulation for the multifamily portion of the development shall be in accordance with the provisions set out in the UDC. 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street. 8. Infrastructure: The location of water and wastewater lines and easements is subject to the approval of the Nueces County Water Control and Improvement District #4. The location of electrical conduit and easements is subject to the approval of AEP- Texas. 9. Time Limit: Construction of the infrastructure for Phase 1 is complete. The Owners shall commence construction of the infrastructure for Phase 2 within 24 months from the date this Planned Unit Development ordinance is approved by the City Council. Construction of the multifamily portion of the development is not subject to an expiration date under this ordinance. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of 31 single - family dwelling units, two townhouse units, and a multifamily structure. The original PUD was approved by Council in June 2010 for a 23- unit townhouse development. PUDs approved by Council cannot be significantly modified without Council approval. The applicant is requesting a rezoning for a new PUD because he wants to change the existing development plan. By using a PUD, the developer would be committed to a site plan that could not be changed significantly without a public hearing. This PUD utilizes decreased lot sizes and setbacks for individual lots, while maintaining the required amount of open space. 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 elements of the Comprehensive Plan, Mustang /Padre Island Area Development Plan, and Future Land Use Plan. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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.: 0213 -02 HTE No. 13- 10000006 Planning Commission Hearing Date: February 13, 2013 0 Applicant /Owner: Carl and Sherry Badalich Legal Description /Location: Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313, and 3B, located between State Highway 361 and the QGulf of Mexico, approximately one -half mile north of Sea Way Drive. 0 N From: "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay To: "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay Area: 3.72 acres o Purpose of Request: To allow construction of 31 single - family dwelling units, N two townhouse units, and future multifamily structure(s). Existing Zoning Existing Land Use Future Land Use District "RM -AT /PUD" Vacant, Low Density Tourist & Site Multifamily AT with a Residential & Conservation/ co Planned Unit Conservation/ Preservation C a Development Overlay Preservation E D North "RM -AT" Multifamily AT Vacant & Low Tourist N Density Residential N _J South "RM -AT" Multifamily AT Vacant Tourist and Commercial W East "RS -6" Single - Family 6 Water Water Low Density West "FR" Farm Rural Vacant Residential and Commercial Area Development Plan: The subject property is located in the Mustang- Padre Island Area Development Plan (ADP) and is planned for a tourist use. m °- The proposed change of zoning to modify the Planned Unit Development a o Overlay is consistent with the adopted Future Land Use Plan for the area. 05 Map No.: 022037 Zoning Violations: None 0 Transportation and Circulation: The subject property has 125 feet of 0 CL frontage along State Highway 361, which is an "RA3" Primary Rural Arterial Divided street. L Zoning Report Case # 0213 -02 Carl & Sherry Badalich Page 2 � Urban Proposed Existing Traffic Street Transportation Section Section Volume d Plan Type Yp 2011 ( ) a, "RA3" Primary 250' ROW 120' ROW 8 325 cn SH 361 Rural Arterial 76 paved 47 paved (2010 Divided ADT) Staff Summary: Requested Zoning: The applicant is requesting a change of zoning to modify the existing Planned Unit Development Overlay (PUD) to allow construction of 31 single - family dwelling units, two townhouse units, and one or more multifamily structures. The original PUD was approved by Council in June 2010 for a 23 -unit townhouse development. PUDs approved by Council cannot be significantly modified without Council approval. The applicant is requesting a rezoning for a new PUD because he wants to change the existing development plan. Applicant's Development Plan: The proposed development of a residential subdivision will consist of 31 single - family units, two townhouse units, and one or more future multifamily structures on the lot nearest the beach. Phase 1 consists of 21 single - family dwelling units and Phase 2 consists of 10 single - family dwelling units, two townhouse units, and one or more multifamily structures. Due to dune protection laws, the multifamily structure(s) will have to be built within the footprint of the existing structure located on the lot nearest the beach so that the dunes are not further impacted. The front yard setback in Phase 1 will be eight feet and five feet in Phase 2. The side and rear yard setbacks in all phases, including the multifamily lot, will be five feet. Single- family and townhouse dwellings will not exceed a maximum of 45 feet in height of habitable space. A garage will be located on the first floor of each residence. The infrastructure for Phase 1 of the PUD was already constructed. For the multifamily development, parking, access, and other development requirements with the exception of the side and rear yard setbacks will be in accordance with the UDC. Existing Land Uses & Zoning: North and south of the subject property is vacant land zoned "RM -AT" Multifamily AT District. West of the subject property is vacant land zoned "FR" Farm Rural District. East of the subject property is the Gulf of Mexico. 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, Mustang /Padre Island Area Development Plan, and Future Land Use Plan. Plat Status: The subject property is currently platted. A replat will be submitted to match the approved PUD. Zoning Report Case #0213 -02 Carl & Sherry Badalich Page 3 Department Comments: • Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. • This PUD utilizes decreased lot sizes and setbacks for individual lots, while maintaining the required amount of open space. Planning Commission and Staff Recommendation (February 13, 20131 Approval of the change of zoning from the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development, subject to a Master Site Plan that complies with the following conditions: Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B of the ordinance. The development of the Property is to consist of 31 single - family dwelling units, four townhouse units, and one or more multifamily structures. The development of the Property shall be constructed in two phases: Phase 1 consists of 21 single-family dwelling units and Phase 2 consists of 10 single - family dwelling units, four townhouse units, and one or more multifamily structures. The multifamily portion of the development is subject to specific requirements regarding multifamily structures as set out in the UDC. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 60 dwelling units per acre. 3. Building Height: The maximum height of the single - family dwelling units and townhouse units is three stories, with a maximum of 45 feet of habitable space. The height of the multifamily structures in the development must be in accordance with the provisions set out in the UDC. 4. Parking: Each dwelling unit must have two parking spaces within a private garage. Dwellings in Phase 1 must have an additional two guest parking spaces on a 20 -foot long by 18 -foot wide driveway located on each dwelling's lot. Dwellings in Phase 2 must have a minimum of 7 parking spaces in a shared guest parking lot as identified in the Master Site Plan. Parking on the Property shall be designed and utilized not to impede access for fire apparatus. 5. Setbacks: Minimum eight -foot wide front yard setbacks shall be provided for each lot in Phase 1, and minimum five -foot wide front yard setbacks shall be provided in Phase 2. Minimum side and rear yard setbacks for all lots in both phases shall each be five feet. The Property shall provide a minimum open space requirement of 30 %. Setbacks for the multifamily portion of the development shall be a minimum of five feet. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet in Phase 1 and 20 feet in Phase 2. The fire apparatus turn around shall be constructed in accordance with the approved Master Site Plan unless otherwise approved by the Fire Department. The private Zoning Report Case # 0213 -02 Carl & Sherry Badalich Page 4 street shall be striped to indicate "Fire Lane /No Parking." Access and circulation for the multifamily portion of the development shall be in accordance with the provisions set out in the UDC. 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street. 8. Infrastructure: The location of water and wastewater lines and easements is subject to the approval of the Nueces County Water Control and Improvement District #4. The location of electrical conduit and easements is subject to the approval of AEP- Texas. 9. Time Limit: Construction of the infrastructure for Phase 1 is complete. The Owners shall commence construction of the infrastructure for Phase 2 within 24 months from the date this Planned Unit Development ordinance is approved by the City Council. Construction of the multifamily portion of the development is not subject to an expiration date under this ordinance. Number of Notices Mailed — 6 within 200' notification area; 1 outside notification area 0 As of February 14, 2013: In Favor — 2 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \S HARE D\ZONING CASES \2013 \0213 -02 Carl & Sherry Badalich \0213 -02 Report for CC, Carl & Sherry Badalich 3- 3- 13.docx r--A"- rAwk r� UUM CASE: 0213-02 2. SITE - EXISTING ZONING, ubtecl Froperty owners FE -21 Swith 200' buffer 0 ift is vor Oviners within 200' lasted on V ownw5 attached mvrtershep to bL- A W 4PP04M"Oii R] Dare Crea red., 2/112013 Prepared By jeremym of Development Services NOTICE AREA & UWNERSHIP RM-1 Multifamily I It. Light Industrial RM-2 Multifamily 2 144 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 -Fam Ity 4,5 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 P Special Permit Cl Intensive Commercial ;V Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay SP Business Park ubtecl Froperty owners FE -21 Swith 200' buffer 0 ift is vor Oviners within 200' lasted on V ownw5 attached mvrtershep to bL- A W 4PP04M"Oii R] Dare Crea red., 2/112013 Prepared By jeremym of Development Services SUBJECT PROPERTY N Cit of Cory pus FLO—CATIO LELr_stJi I Ordinance amending the Unified Development Code ( "UDC ") upon application by Carl Badalich and Sherry Badalich ( "Owners "), by changing the UDC Zoning Map in reference to Lots 101 -119, 122, 301- 313, and 313, Block 1, Sunrise Shores, from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay; 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 final report and recommendation regarding the application of Carl Badalich and Sherry Badalich ( "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, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 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 Carl Badalich and Sherry Badalich ( "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City ") is amended by changing the zoning on Lots 101 -119, 122, 301 -313, and 3B, Block 1, Sunrise Shores (the "Property "), located between State Highway 361 and the Gulf of Mexico approximately one -half mile north of Sea Way Drive as shown in Exhibit "A" (Zoning Map No. 022037), from the "RM -AT /PUD" Multifamily AT District with a Planned Unit Development Overlay to the "RM -AT /PUD" Multifamily AT District with a modified Planned Unit Development Overlay subject to the nine conditions stated in this ordinance. Exhibit 'A" which is the location map pertaining to the Property, and Exhibit "B," which is the Master Site Plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The modified Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following nine conditions: 1. Master Site Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit B. The development of the Property is to consist of 31 single - family dwelling units, two townhouse units, and one or more multifamily structures. The development of the Property shall be constructed in two phases: Phase 1 consists of 21 single - family dwelling units and Phase 2 consists of 10 single - family dwelling units, two townhouse units, and one or more multifamily structures. The multifamily portion of the development is subject to specific requirements regarding multifamily structures as set out in the UDC. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 60 dwelling units per acre. 3. Building Height: The maximum height of the single - family dwelling units and townhouse units is three stories, with a maximum height of 45 feet of habitable space. The height of the multifamily structures in the development must be in accordance with the provisions set out in the UDC. 4. Parking: Each dwelling unit must have two parking spaces within a private garage. Dwellings in Phase 1 must have an additional two guest parking spaces on a 20 -foot long by 18 -foot wide driveway located on each dwelling's lot. Dwellings in Phase 2 must have a minimum of 7 parking spaces in a shared guest parking lot as identified in the Master Site Plan. Parking on the Property shall be designed and utilized not to impede access for fire apparatus. 5. Setbacks: Minimum eight -foot wide front yard setbacks shall be provided for each lot in Phase 1, and minimum five -foot wide front yard setbacks shall be provided in Phase 2. Minimum side and rear yard setbacks for all lots in both phases shall each be five feet. The Property shall provide a minimum open space requirement of 30 %. Setbacks (front, rear, and side) applicable to the multifamily portion of the development shall be a minimum of five feet in width. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet in Phase 1 and 20 feet in Phase 2. The fire apparatus turn around shall be constructed in accordance with the approved Master Site Plan unless otherwise approved by the Fire Department. The private street shall be striped to indicate "Fire Lane /No Parking." Access and circulation for the multifamily portion of the development shall be in accordance with the provisions set out in the UDC. 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street. 8. Infrastructure: The location of water and wastewater lines and easements is subject to the approval of the Nueces County Water Control and Improvement District #4. The location of electrical conduit and easements is subject to the approval of AEP- Texas. 9. Time Limit: Construction of the infrastructure for Phase 1 is complete. The Owners shall commence construction of the infrastructure for Phase 2 within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Construction of the multifamily portion of the development is not subject to an expiration date under this ordinance. 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. Page 2 of 3 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 specifically pertaining to the zoning of the Property (Lots 101 -119, 122, 301 -313, and 3B, Block 1, Sunrise Shores) and that are in conflict with this ordinance are 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 , 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 day of , 20 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 3 of 3 A� % M&WROMM IMMUMPIty"A0194irl E3Subject Propetty EXH I BIT A 121! 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Z �4rz LOU fi 446 2d m i ppg _ LL n Q, q 2 co 1 �y i w o, T. 0 pl mom - �=rR. v9 J C m N O Z o $IyS�a �•� p -� a � ��N rn MNIN 4 0 m °m EL m p a 8 m C. �!E: �gq (� •{�� d' "" vvv &vv f 2 Fire z _ E� ,ono W 111111111111111111H H A ..�jj t li LU 15 Lo 11 m s I � GO £Ul£U'f:l `Nd £S:Z£ :Zf SMZ /£l /Z `l`dld '6MP'£l£lZO uold ja }soli jo; uold a}ls \}oafoJd puolSl— SWZI \s}oafo-Jd \::) £of£o'l :f 'Wd SZ:££:ZL £loZ /£l /Z '£f 133HS '6mP'£l£lZo uold ja }soli jo; uold a }Is \}oafoJd puolSI— SWZL \s}oafo-Jd \::) mLm'L:L 'Vid 9-0 :ZL S:LOZ/S:L/Z 'VI 133 HS 'Bmp-s:Ls:Lzo uDid jajsDu •ol uDid sl!s\lDsfOJd PUDISI—SWZL\SI3QfO-Jd\::) 0 8 IL IL IL ® / \� «\ \\ < \ \° w > ui LU > 0 \ \\ \\ \ \\ \\ \ \ LU a U* z aim z "D j- C §8 4,o U L gx v 7� w 2 k co � \ /� \\ \\ \ \ \\ \ \� \ \ \� \ \ \ \ \� \\ \ � \\ \ Q § s :§ . ...... . \:9a y . a. LLI §� mLm'L:L 'Vid 9-0 :ZL S:LOZ/S:L/Z 'VI 133 HS 'Bmp-s:Ls:Lzo uDid jajsDu •ol uDid sl!s\lDsfOJd PUDISI—SWZL\SI3QfO-Jd\::) t�s C p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2013 2852 Second Reading for the City Council Meeting of April 9, 2013 DATE: February 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Charles O. Massey (Case No. 0213 -01) Change from "CG -2" General Commercial District to "IL" Light Industrial District Property Location: East of U.S. Highway 77 and at the east end of County Road 52 CAPTION: Case No. 0213 -01 Charles O. Massey: A change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District, resulting in a change of future land use from commercial to light industrial. The property is described as being an 18.47 -acre tract of land out of the Gregorio Farias Grant, Abstract 592, located east of U.S. Highway 77 (Interstate Highway 69) and at the east end of County Road 52. PURPOSE: The purpose of this item is to rezone the property to allow light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow future light industrial uses on the property. The applicant currently has plans to construct an auto body shop on a portion of the property and subdivide the remainder of the property for future light industrial uses. Staff has determined that although the Future Land Use Plan calls for a commercial use on the property, an industrial use would be appropriate for this undeveloped area and would be an expansion of the industrial district immediately to the west. When the applicant subdivides the property, 95 feet of right -of -way will be dedicated for the future extension of County Road 52 and planned connection with Callicoatte Road. 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 in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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.: 0213 -01 HTE No. 13- 10000001 Planning Commission Hearing Date: February 13, 2013 Applicant: Charles O. Massey a ° Owner: COEL Properties, Ltd. 0 aOi .a Legal Description /Location: An 18.47 -acre tract of land out of the cL I y Gregorio Farias Grant, Abstract 592, located east of U.S. Highway 77 CL Q Q (Interstate Highway 69) and at the east end of County Road 52. From: "CG -2" General Commercial District a� n To: "IL" Light Industrial District •� n Area: 18.47 acres Q Purpose of Request: To allow construction of an auto body shop and for N future light industrial uses. Existing Zoning Existing Land Use Future Land Use c District Site "CG -2" General Vacant Commercial Commercial .o North "FR" Farm Rural Drainage Corridor Drainage Corridor N - South "RMH" Manufactured Mobile Home Mobile Home J Home n East "IL" Light Industrial Vacant Light Industrial W West "CG -2" General Commercial Commercial Commercial Area Development Plan: The subject property is located in the Northwest c Area Development Plan (ADP) and is planned for commercial uses. The cL • proposed change of zoning to the "IL" Light Industrial District is not consistent a c with the adopted Future Land Use Plan. a Map No.: 066049 & 066050 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 110 feet of frontage along County Road 52, which is an "A1" Minor Arterial 0 Undivided street. The property is located approximately 455 feet east of U.S. CL Highway 77 (Interstate Highway 69), which is an "F1" Freeway /Expressway. The Urban Transportation Plan calls for the extension of County Road 52 c� through the subject property connecting to Callicoatte Road. Urban Proposed Existing Traffic W Street Transportation Section Section Volume L O Plan Type (2011) C County "A1" Minor Arterial 95' ROW 110' ROW Not Road 52 Undivided 64' paved 80' paved Available Zoning Report Case # 0213 -01 Charles O Massey Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District in order to construct an auto body shop and subdivide the property for future light industrial uses. Development Plan: The applicant plans to use approximately three to five acres out of the 18.47 acres being rezoned to construct an auto body shop. The auto body shop will be located adjacent to the existing Access Ford facility to the west of the subject property on U.S. Highway 77. The remainder of the land will be subdivided into individual lots and sold for light industrial uses. Existing Land Uses & Zoning: North of the subject property is a drainage corridor zoned "FR" Farm Rural District. East of the subject property is vacant land zoned "IL" Light Industrial District. West of the subject property is a car dealership zoned "CG -2" General Commercial District. South of the subject property is a manufactured home park zoned "RMH" Manufactured Home 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 in the Northwest Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. However, the Urban Transportation Plan was amended to reclassify the roadway from a divided road to an undivided road. The removal of the median would allow the 18- wheelers to access the properties. Department Comments: • This rezoning would expand the light industrial use located east of the subject property. • Although there are manufactured homes located south of the subject property, required buffer yards and screening would be used to minimize the nuisance of the light industrial uses for the adjacent manufactured homes. • When this property is subdivided, 95 feet of right -of -way will be dedicated for the future extension of County Road 52 and planned connection with Callicoatte Road. • Although the Future Land Use Plan calls for a commercial use on this property, an industrial use would be appropriate for this undeveloped area and would be an expansion of the industrial district immediately to the west. Planning Commission and Staff Recommendation (February 13, 20131 Approval of the change of zoning from the "CG -2" General Commercial District to the "IL" Light Industrial District. Zoning Report Case # 0213 -01 Charles O. Massey Page 3 Number of Notices Mailed — 7 within 200' notification area; 4 outside notification area 0 As of February 14, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K : \DevelopmentSvcs \SHARED\ZONING CASES \2013 \0213 -01 Charles O. Massey \0213 -01 Report for CC, Charles O. Massey.docx 0 CES'RIV'E72, IRRIGATI' SUBJ PROPS CG-2 LACY`S ;SINES 5 0 G'i(j �C,2,N RACT 2 F HERITAGE WEST CASE: 0213 -02 2. SITE - EXISTING ZONING NOTICE AREA & OWNERSH 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 aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 111,10 7 I L Date Created: 112512013 Prepared By: jeremym of Development Services Ordinance amending the Unified Development Code ( "UDC ") upon application by Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to an 18.47 -acre tract out of the Gregorio Farias Grant, Abstract 592, from the "CG -2" General Commercial District to the "IL" Light Industrial 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 final report and recommendation regarding the application of Charles O. Massey, acting as agent on behalf of COEL 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, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 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 Charles O. Massey, acting as agent on behalf of COEL Properties, Ltd. ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on an 18.47 -acre tract of land out of 27.82 acres out of the Gregorio Farias Grant, Abstract 592, more fully described in the Special Warranty Deed recorded under clerk's File Number 2009006158 (the "Property "), located east of U.S. Highway 77 (Interstate Highway 69) and at the east end of County Road 52, from the "CG -2" General Commercial District to the "IL" Light Industrial District (Zoning Map Nos. 066049 & 066050), as shown in Exhibits "A" and "B." Exhibit 'A" which is a metes and bounds description of the Property, and Exhibit "B," which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect 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 specifically pertaining to the zoning of the Property (an 18.47 -acre tract of land out of 27.82 acres out of the Gregorio Farias Grant, Abstract 592, more fully described in the Special Warranty Deed recorded under clerk's File Number 2009006158) and that are 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 , 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 Nelda Martinez Mayor 20 Page 2 of 2 p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2013 2852 Second Reading for the City Council Meeting of April 9, 2013 DATE: February 14, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING N.P. Homes, L.L.C. (Case No. 0812 -02) Change from "CG -2" General Commercial District to "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay Property Address: 5402 Chicago Drive CAPTION: Case No. 0812 -02: N.P. Homes, L.L.C.: A change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, not resulting in a change of future land use. The rezoning also includes the associated PUD replat. The property to be rezoned is described as King's Crossing West Unit 2, Block 2, Lot 3, located at the northeast corner of Chicago Drive, approximately 500 feet west of South Staples Street (FM 2444). PURPOSE: The purpose of this item is to rezone the property to allow a 32 -unit townhouse development. RECOMMENDATION: Planning Commission and Staff Recommendation (February 13, 2013): Approval of the change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay subject to the following eight conditions: 1. Development Plan: The Owner shall develop the Property in accordance with Exhibit A. The development of the Property is to consist of six townhouse buildings with three dwelling units in each building, three townhouse buildings with four dwelling units in each building, and one duplex townhouse building with two dwelling units in the building. The development of the Property shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 32 dwelling units on the site's 3.301 acres. 3. Building Height: The maximum height of the townhouse buildings on the Property shall not exceed 35 total feet. 4. Parking: Each dwelling unit must have two parking spaces within a private garage, and each dwelling unit must also contain two guest parking spaces available on the 18 -foot long by 18 -foot wide driveway located within the dwelling unit's lot. 5. Setbacks: A minimum 20 -foot front yard setback shall be provided along the north - south portion of Chicago Drive and a 10 -foot front yard setback along the east -west portion of Chicago Drive. On individual lots not sharing a common wall with another dwelling unit on the Property, Owner shall provide a 5 -foot wide side yard setback and a minimum 7.5 -foot wide rear yard setback. Individual lots fronting on internal private streets shall have a minimum front yard setback requirement of 15 feet. The separation distance between buildings shall be not less than 10 feet. The Owners shall provide a minimum open space requirement of 30% on the Property. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane /No Parking." 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street and shall be located in a four -foot wide dedicated sidewalk easement. 8. Time Limit: The Owners shall commence construction of the development on the Property within 24 months from the date this Planned Unit Development Overlay ordinance is approved by the City Council. BACKGROUND AND FINDINGS: The applicant plans to build 10 one -story structures with multiple units in each building for a total of 32 dwelling units on the 3.3 -acre site. Each dwelling unit would share at least one common wall with a neighboring unit. The applicant has requested the Planned Unit Development Overlay (PUD) because the proposed development would not strictly comply with all setback and street width requirements as required by the Unified Development Code (UDC). PUDs allow for increased flexibility in site layout and design. The PUD zoning offers more protection to the single - family neighborhood from nuisances associated with commercial development. The existing "CG -2" General Commercial District permits a broad range of commercial uses. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Modify the PUD conditions; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the adopted Future Land Use Map and it meets criteria of the Comprehensive Plan and Southside Area Development Plan by encouraging infill development and locating medium - density residential development along a collector street with convenient access to an arterial street. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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.: 0812 -02 HTE No. 12- 14000001 Planning Commission Hearing Date: February 13, 2013 (Tabled on Aug. 15, Sept. 12, & Dec. 19) c a- o Applicant /Representative: N.P. Homes, L.L.C. Owner: N.P. Homes, L.L.C. CL y Legal Description /Location: King's Crossing West Unit 2, Block 2, Lot 3, CL Q °� o located at the northeast corner of Chicago Drive and approximately 500 feet west of South Staples Street (FM 2444). From: "CG -2" General Commercial District y To: "CG -2 /PUD" General Commercial District with a Planned Unit .� Development Overlay Area: 3.301 acres io Purpose of Request: To allow construction of a 32 -unit townhouse development. Existing Zoning Existing Land Use Future Land Use District c M Site "CG -2" General Vacant Commercial Commercial r_ (1) •o ? "CG -2" General Vacant Commercial North Commercial N South "RS -6" Single - Family 6 Low Density Low Density J Residential Residential n • East "CG -2" General Commercial Commercial w Commercial West "RS -6" Single - Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial uses. The cCL c proposed change of zoning to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay is consistent with the adopted a o Future Land Use Plan because the base zoning district is not changing. Q Map No.: 045031 Zoning Violations: None Transportation and Circulation: The subject property has 576 feet of cfrontage along the north side of Chicago Drive and has 235 feet of frontage CL c the east side of Chicago Drive, which is a Local Residential Street. The along c subject property has indirect access to South Staples Street (FM 2224), which is an "A3" Primary Arterial Divided Street, via Chicago Drive. The subject property is approximately 500 feet west of South Staples Street. Zoning Report Case # 0812 -02 NP Homes, LLC Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay (PUD) in order to construct a 32 -unit townhouse development. The proposed development would be classified as a medium - density residential land use, which ranges from 8 to 22 dwelling units per acre. The applicant is requesting the PUD zoning because it offers flexibility in the required development standards that the "CG -2" District imposes, such as setbacks and street design. Applicant's Development Plan: The applicant plans to construct a gated townhouse development consisting of three four -plex structures, six three -plex structures, and one duplex structure for a total of 32 dwelling units and a density of 9.7 dwelling units per acre. The proposed lot sizes are a minimum of 3,000 square feet and the floor area of each dwelling unit would range from 1,300 to 1,500 square feet with an attached two - car garage and two parking spaces in front of the garage. The development would maintain the existing building setback lines along Chicago Drive (20 feet along the north -south portion of Chicago Drive and 10 feet along the east -west portion of Chicago Drive). With the exception of the proposed street design, open space requirements, and rear yard setback, the proposed development complies with the typical dimensional requirements for townhouse developments, which are: Townhouse Requirements Proposed Urban Proposed Existing Traffic Minimum Dwelling Unit Area (front access): Street Transportation Section Section Volume Minimum Dwelling Unit Width (front access): 26 feet 36 ft. Plan Type Internal Street Yard Setback: 10 feet 15 ft. (2010) O Chicago Local Residential 60' ROW, 60' ROW, Not Building Separation: 10 feet Drive Yes 40' paved 40' paved Available Minimum Open Space: 30% 34.34% Yes Q South Staples "A3" Primary 130' ROW, 92' ROW, 7,651 ADT Street Arterial Divided 79' paved 65' paved (FM 2224) Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay (PUD) in order to construct a 32 -unit townhouse development. The proposed development would be classified as a medium - density residential land use, which ranges from 8 to 22 dwelling units per acre. The applicant is requesting the PUD zoning because it offers flexibility in the required development standards that the "CG -2" District imposes, such as setbacks and street design. Applicant's Development Plan: The applicant plans to construct a gated townhouse development consisting of three four -plex structures, six three -plex structures, and one duplex structure for a total of 32 dwelling units and a density of 9.7 dwelling units per acre. The proposed lot sizes are a minimum of 3,000 square feet and the floor area of each dwelling unit would range from 1,300 to 1,500 square feet with an attached two - car garage and two parking spaces in front of the garage. The development would maintain the existing building setback lines along Chicago Drive (20 feet along the north -south portion of Chicago Drive and 10 feet along the east -west portion of Chicago Drive). With the exception of the proposed street design, open space requirements, and rear yard setback, the proposed development complies with the typical dimensional requirements for townhouse developments, which are: Townhouse Requirements Proposed Complies Minimum Site Area: 20,000 square feet 135,036 SF Yes Minimum Dwelling Unit Area (front access): 2,600 square feet 3,012 SF Yes Minimum Dwelling Unit Width (front access): 26 feet 36 ft. Yes Internal Street Yard Setback: 10 feet 15 ft. Yes Side Yard: Zero (0) feet 0 ft. Yes Rear Yard Setback: 15 feet 7.5 -15 ft. No Building Separation: 10 feet 10 ft. Yes Maximum Height: 45 feet 35 ft. Yes Minimum Open Space: 30% 34.34% Yes Zoning Report Case # 0812 -02 NP Homes, LLC Page 3 Existing Land Uses & Zoning: Located to the north of the subject property is a vacant lot, which is zoned as the "CG -2" General Commercial District. Across Chicago Drive to the south and west of the subject property is a single - family residential neighborhood, which is zoned as the "RS -6" Single - Family 6 District. To the east of the subject property is an animal hospital, which is zoned as the "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: Although the adopted Future Land Use Plan slates the subject property for commercial uses rather than medium - density residential uses, the requested Planned Unit Development (PUD) would not change the Future Land Use Plan because the base zoning district will not change. The requested PUD would be compatible with the surrounding commercial and residential uses and would protect the neighborhood from further encroachment of commercial uses. The rezoning is consistent with portions of the Comprehensive Plan and the Southside Area Development Plan such as: • Medium - Density residential development should be located in areas with convenient arterial access (Comprehensive Plan, Residential Policy Statement F). • Provide for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low- density residential activities from incompatible activities ( Southside ADP, Policy Statement B.1). • Planned Unit Developments and other creative land planning techniques should be encouraged (Comprehensive Plan, Residential Policy Statement K). • Encouraging infill development on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). Transportation: The subject property has frontage along the north and east sides of Chicago Drive, which is designated as a Local Residential Street. The Comprehensive Plan states that medium - density developments should be located with convenient access to arterial streets. The subject property is approximately 500 feet west of South Staples Street (FM 2224), an "A3" Primary Arterial Divided street. The proposed townhouse development has adequate access to an Arterial street. Plat Status: The subject property is currently platted and will be replatted in accordance with the approved Planned Unit Development. Department Comments: • The proposed townhouse development would be compatible with the surrounding single - family neighborhood and would provide a better transition between the existing and potential adjacent commercial uses and the single - family neighborhood to the south and west of the subject property. Zoning Report Case # 0812 -02 NP Homes, LLC Page 4 • The PUD zoning offers more protection to the single - family neighborhood from nuisances associated with commercial development. The existing "CG -2" General Commercial District permits a broad range of commercial uses. • The rezoning to the PUD would help to protect the surrounding single - family neighborhood from further encroachment of commercial uses, which are allowed by- right today with subject property's existing commercial zoning designation. • The subject property has sufficient access to an Arterial street. Planning Commission and Staff Recommendation (February 13, 20131 Approval of the change of zoning from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay, subject to the following eight conditions: 1. Development Plan: The Owner shall develop the Property in accordance with Exhibit A. The development of the Property is to consist of six townhouse buildings with three dwelling units in each building, three townhouse buildings with four dwelling units in each building, and one duplex townhouse building with two dwelling units in the building. The development of the Property shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 32 dwelling units on the site's 3.301 acres. 3. Building Height: The maximum height of the townhouse buildings on the Property shall not exceed 35 total feet. 4. Parking: Each dwelling unit must have two parking spaces within a private garage, and each dwelling unit must also contain two guest parking spaces available on the 18 -foot long by 18 -foot wide driveway located within the dwelling unit's lot. 5. Setbacks: A minimum 20 -foot front yard setback shall be provided along the north - south portion of Chicago Drive and a 10 -foot front yard setback along the east -west portion of Chicago Drive. On individual lots not sharing a common wall with another dwelling unit on the Property, Owner shall provide a 5 -foot wide side yard setback and a minimum 7.5 -foot wide rear yard setback. Individual lots fronting on internal private streets shall have a minimum front yard setback requirement of 15 feet. The separation distance between buildings shall be not less than 10 feet. The Owners shall provide a minimum open space requirement of 30% on the Property. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane /No Parking." 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street and shall be located in a four -foot wide dedicated sidewalk easement. Zoning Report Case # 0812 -02 NP Homes, LLC Page 5 8. Time Limit: The Owners shall commence construction of the development on the Property within 24 months from the date this Planned Unit Development Overlay ordinance is approved by the City Council. c Number of Notices Mailed — 30 within 200' notification area; 1 outside notification o area c>s As of February 14, 2013: zIn Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 9 (inside notification area); 19 (outside notification area) a For 10.4% in opposition. Attachments: 1. Site Map (Existing Zoning & Notice Area) 2. Associated PUD Replat 3. Public Comments K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \0812 -02 NP Homes, LLC \Updated Files for 2 -13 CC \0812 -02 Report for CC, NP Homes 2-26 - 13.docx TONY &ROO 2 4Q 0 10 1 CASE: 0812-02 2. SITE - EXISTING ZONING., C-11 Subject Property ovener'T with 200' buffer 0 in f1vor owners withm 200' ksted On X Owners attached owner,�)Wp towe in oppc itbn SU PR R, QA CS jr 4, ILL] N W E City of ILOCATION MAP Corpus I Christi NU I 1(;t: AHI:A dt UVV)Vt:KbHIP RM-1 Multifamily I 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-Famity 10 RMAT MuffifamityAT RS-6 Single-Famlly 6 CN•1 Neighborhood Commercial RS-4,5 Single-Family 4.5 CN•2 Neighborhood Commercial RS-TF Two - Family CR-I Resort Commercial RS-15 Single-Family IS CR-2 Resort Commercial RE Residential Estate CG-I General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit C1 intensive Commercial RV Recreational Vehicle Park CSD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FIR Farm Rural H Historic Overlay BP Business Park C-11 Subject Property ovener'T with 200' buffer 0 in f1vor owners withm 200' ksted On X Owners attached owner,�)Wp towe in oppc itbn SU PR R, QA CS jr 4, ILL] N W E City of ILOCATION MAP Corpus I Christi :W e, N Lt) g 7 LL 1 :fir `Pb ° �wwzj= W Kam° Lli =l^ U) m W rr �wn O�pgOOp� aa 5¢ A S z om° wao]c°i r w ■ N � U W a :D Z �--- M U) < �o woF° o mw Z C7 r °" spa ° LU - Q�wz� CD z D n w w — / p o W _N ° 0�3 z oa oao y _ z - y N > p° ioN z,p _ w - wz ��w UQ Z y° _x H° .m N° M E o Owl } z m�� WWc� �//'�11 (n p <4 0D. p w U ooX,'o U) co LL p a ° z n LL O ry QW�N Q U O UN J = U Cl) w � WC CO U LL �m N �W w a �� o w Z �CR o ��'��° z w. v J w .ti ��qw °a to F aa�io ° t u >� W �z .-M W Z - bow 3� °d ow3p z a °zQ Zoe V Mw W wW z?F z�LL O°°akz< ¢xomw� mow °E�° wo yya ulow�o� >'xom wdi? 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U) O�cr) Q J0 =X z Z T Q W = o ZC7UcNo 00 U IlI co � cq Z C7 0 U M Z W ) U ,d v LL o W Z W� 0 �Z LL Z W COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0812 -02 Name: N.P. Homes, L.L.C. I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 30 Favor: 0 Opposition: 9 #14 Mike Riley (5414 Fisher): Needs to meet setback #2 Steve Seidel (5417 Fisher Circle): The proposal would create hazardous traffic patterns. #3 Margaret and Gary Fenn (7801 Kingshire Dr.): Traffic congestion and safety issues with young children. #21 Donna Worley (5413 Fisher Circle): Traffic congestion and crime. #5 Rafael Fontanez (5409 Lady Diana): Thinks it will devalue the neighborhood. # 18 Raul G. and Eloisa M. Garcia (5426 Armstrong Dr.): Increase in traffic, townhomes are too small, decrease in property value. II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 1 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 19 Marilyn Gonzales (7846 Armstrong): Traffic and Crime Joshua Molina (7830 Terrell Circle): Crime rate, traffic, taxes David Crawford (7842 Terrell Circle): Crime and traffic Daniel Gains and Stacey Gains (5402 Borden Circle): Crime and traffic Simon and Arielle Badillo (7805 Armstrong): Traffic, crime, lower home values John and Cindy Oliveira (7801 Armstrong) Traffic, crime, and property value decreasing. Alberto Alvarado (7826 Regal): Traffic, property values Claudia Jackson (7818 Duchess): Traffic, parking congestion, and safety Mario Garcia (7826 Duchess): Property value will decrease Laura Griffiths (5401 Knights Circle): Safety and traffic Mildred Zapata (5409 Borden): Traffic and home value Joey Sienkiewiez (7825 Duchess): Traffic, parking, and home values Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to Lot 3, Block 2, King's Crossing West Unit 2, from "CG -2" General Commercial District to "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay; 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 final report and recommendation regarding the application of N.P. Homes, L.L.C. ( "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, February 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 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 N.P. Homes, L.L.C. ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 3, Block 2, King's Crossing West Unit 2 (the "Property "), located at the northeast corner of Chicago Drive approximately 500 feet west of South Staples Street (FM 2444) as shown in Exhibit "A" (Zoning Map No. 022037), from the "CG -2" General Commercial District to the "CG -2 /PUD" General Commercial District with a Planned Unit Development Overlay subject to the eight conditions stated in this ordinance. Exhibit 'A" which is the associated plat of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following eight conditions: 1. Development Plan: The Owner shall develop the Property in accordance with Exhibit A. The development of the Property is to consist of six townhouse buildings with three dwelling units in each building, three townhouse buildings with four dwelling units in each building, and one duplex townhouse building with two dwelling units in the building. The development of the Property shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 32 dwelling units on the site's 3.301 acres. 3. Building Height: The maximum height of the townhouse buildings on the Property shall not exceed 35 total feet. 4. Parking: Each dwelling unit must have two parking spaces within a private garage, and each dwelling unit must also contain two guest parking spaces available on the 18 -foot long by 18 -foot wide driveway located within the dwelling unit's lot. 5. Setbacks: A minimum 20 -foot front yard setback shall be provided along the north -south portion of Chicago Drive and a 10 -foot front yard setback along the east -west portion of Chicago Drive. On individual lots not sharing a common wall with another dwelling unit on the Property, Owner shall provide a 5 -foot wide side yard setback and a minimum 7.5 -foot wide rear yard setback. Individual lots fronting on internal private streets shall have a minimum front yard setback requirement of 15 feet. The separation distance between buildings shall be not less than 10 feet. The Owners shall provide a minimum open space requirement of 30% on the Property. 6. Private Street Access: Each lot shall have access to a private street with a paved width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane /No Parking." 7. Pedestrian Access: A minimum four -foot wide sidewalk is required to be constructed along the internal private street and shall be located in a four -foot wide dedicated sidewalk easement. 8. Time Limit: The Owners shall commence construction of the development on the Property within 24 months from the date this Planned Unit Development Overlay ordinance is approved by the City Council. 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 specifically pertaining to the zoning of the Property (Lot 3, Block 2, King's Crossing West Unit 2) and that are in conflict with this ordinance are expressly repealed. 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. NP Homes CG2 to CG2 PUD Chicago Dr vFinal 20130308 Page 2 of 3 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 NP Homes CG2 to CG2 PUD Chicago Dr vFinal 20130308 Page 3 of 3 N Lo LL CD ICJ IL '' r apo opa� �lJ o yo LU °�� 8 Z m . 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Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING TR Inscore LLC (Case No. 0213 -04) Change from "CR -1" Resort Commercial District to "Cl" Intensive Commercial District Property Address: 401 South Shoreline Boulevard CAPTION: Case No. 0213 -04 TR Inscore LLC: A change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District, not resulting in a change of future land use. The property is described as being a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, located on the west side of South Shoreline Boulevard between Broadway Court and Born Street. PURPOSE: The purpose of this item is to rezone the property to reduce setback requirements and allow additional commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to reduce the setback requirements along South Shoreline Boulevard, Born Street, and Broadway Court. Currently, the "CR -1" District encompasses all of North and South Shoreline Boulevard. By rezoning the subject property to the "Cl" Intensive Commercial District, the minimum front yard setbacks would be reduced to zero and a few additional commercial uses, such as boat and RV storage, vehicle service with outdoor repairs, and laboratory /research /experimental uses would be allowed. Although the "Cl" Intensive Commercial District would be inconsistent with the zoning district and setbacks currently along South Shoreline Boulevard, the Plan goals and objectives and numerous Policy Statements within the South Central Area Development Plan (B.3, B.5, and B.8) focus on the overarching need to promote population growth in the central business district to sustain and fully realize the commercial development potential and to increase residential density. The Plan calls for minimizing setbacks to create storefronts along the street. 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 in the South Central Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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.: 0213 -04 HTE No. 13- 10000005 Planning Commission Hearing Date: February 27, 2013 a Applicant: TR Inscore LLC E .2 Owner: Guinn -Soin, Ltd. u am a Legal Description /Location: Being a 0.50 -acre tract of land out of E � 5 Block 4, South Water Beach Addition, located on the west side of Q °a 6 South Shoreline Boulevard between Broadway Court and Born Street. From: "CR -1" Resort Commercial District y c Q To: "Cl" Intensive Commercial District F Cr Area: 0.50 acres N Purpose of Request: To reduce setback requirements. Existing Zoning Existing Land Use Future Land Use District Site "C Resort Vacant Commercial � Commercial 'o ? North "CR -1" Resort Vacant Commercial Commercial N "CR -1" Resort Vacant Tourist JSouth Commercial n • East "CR -1" Resort Park & Public Public Semi - Public w Commercial Semi - Public West "Cl" Intensive Vacant Commercial Commercial Area Development Plan: The subject property is located in the South Central c Area Development Plan (ADP) and is planned for commercial uses. The cL proposed change of zoning to the "Cl" Intensive Commercial District is a c consistent with the adopted Future Land Use Plan. a Map No.: 045044 Zoning Violations: None c ° Transportation and Circulation: The subject property has approximately M 275 feet of frontage along South Shoreline Boulevard, which is an "A2" ° CL Secondary Arterial Divided street. The property also has approximately 79 y feet of frontage along Born Street and 87 feet of frontage along Broadway c Court, which are local streets. H Zoning Report Case # 0213 -04 TR Inscore Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District to allow construction of an apartment complex with no required setbacks. Applicant's Development Plan: The rezoning is for a 0.50 -acre tract of land out of a 1.24 -acre site. The 0.50 -acre being rezoned from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District extends along South Shoreline Boulevard from Born Street to Broadway Court. The remainder of the property is currently zoned "Cl" Intensive Commercial District. The proposed 160 -unit apartment complex plans to utilize the decreased setbacks offered in the "Cl" Intensive Commercial District. The property would need to be replatted to reduce this setback. The proposed apartment complex will consist of one building that will be six stories tall including a parking garage on the first two levels. The development is not proposed for mixed -use purposes. Should the "Cl" District be granted, a replat will also be required to reduce the yard requirement, which is shown on the plat as 20 feet along South Shoreline Boulevard. Existing Land Uses & Zoning: The subject property is vacant with the western half being zoned "Cl" Intensive Commercial and the eastern half zoned "CR -1" Resort Commercial. North and south of the subject property is vacant land zoned "CR -1" Resort Commercial District. All of the properties fronting Shoreline Boulevard between the American Bank Center on the north end and between Park Street and Furman Street on the South end are zoned "CR -1" Resort Commercial District. East of the subject property is park land and a public parking lot zoned "CR -1" Resort Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type (2011) ROW O S. Shoreline "A2" Secondary 100' ROW 40' ' paved 0 6,464 Blvd. Arterial Divided 54' paved (2010) (Southbound) L Born St. Local Residential 50' ROW 50' ROW Not 28' paved 40' paved Available Broadway Local Residential 50' ROW 75 ROW Not Ct. 28' paved 40' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District to allow construction of an apartment complex with no required setbacks. Applicant's Development Plan: The rezoning is for a 0.50 -acre tract of land out of a 1.24 -acre site. The 0.50 -acre being rezoned from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District extends along South Shoreline Boulevard from Born Street to Broadway Court. The remainder of the property is currently zoned "Cl" Intensive Commercial District. The proposed 160 -unit apartment complex plans to utilize the decreased setbacks offered in the "Cl" Intensive Commercial District. The property would need to be replatted to reduce this setback. The proposed apartment complex will consist of one building that will be six stories tall including a parking garage on the first two levels. The development is not proposed for mixed -use purposes. Should the "Cl" District be granted, a replat will also be required to reduce the yard requirement, which is shown on the plat as 20 feet along South Shoreline Boulevard. Existing Land Uses & Zoning: The subject property is vacant with the western half being zoned "Cl" Intensive Commercial and the eastern half zoned "CR -1" Resort Commercial. North and south of the subject property is vacant land zoned "CR -1" Resort Commercial District. All of the properties fronting Shoreline Boulevard between the American Bank Center on the north end and between Park Street and Furman Street on the South end are zoned "CR -1" Resort Commercial District. East of the subject property is park land and a public parking lot zoned "CR -1" Resort Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Zoning Report Case # 0213 -04 TR Inscore Page 3 Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the South Central Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. Additionally, Plan goals and objectives and numerous Policy Statements within the South Central Area Development Plan (B.3, B.5, and B.8) focus on the overarching need to promote population growth in the central business district to sustain and fully realize the commercial development potential and to increase residential density. Department Comments: • The "CR -1" District that encompasses all of North and South Shoreline Boulevard requires a 20 -foot front yard setback. • While maintaining a 20 -foot wide landscaped setback along Shoreline Boulevard is not discussed in the Comprehensive Plan or Area Development Plan, reducing the front yard setback by rezoning this property to the "Cl" District will allow the proposed apartment complex to depart from the long standing requirement of a minimum 20 -foot wide lushly landscaped setback along Shoreline Boulevard and will allow instead a zero -foot wide front yard setback with no landscaping and a six -story building facade constructed at the property line. (Landscaping would also not be provided on Born Street or Broadway Court if the setbacks are reduced.) • Allowing this development to be constructed with no front yard setback would be inconsistent with the majority of the developed properties along the Shoreline Boulevard and sets a precedent for future projects. It appears that only two properties on Shoreline Boulevard violate the 20 -foot building setback and two properties violate the former prohibition against constructing parking spaces within the 20 -foot setback. Those properties are the Art Center, Shoreline Terrace, whose porte - cochere encroaches the setback, and the parking lots of Bayfront Inn, Budget Inn, and First United Methodist Church. However, three of these four properties are located in the immediate vicinity of the subject property. • Prior to the adoption of the UDC, the former Zoning Ordinance specifically prohibited automobile parking lots and accessory off - street parking spaces from being located in the required 20 -foot front yard setback of the "CR -1" District along Shoreline Boulevard. The UDC does not incorporate this restriction. The lack of the restriction impacts the visual corridor along Shoreline Boulevard. • Plan goals and objectives and numerous Policy Statements within the South Central Area Development Plan (B.3, B.5, and B.8) focus on the overarching need to promote population growth in the central business district to sustain and fully realize the commercial development potential and to increase residential density. • Destination Bayfront is planned directly across from the subject property on Shoreline Boulevard at a width of approximately 450 feet, creating open space in front of the subject property. The open space may reduce the impact of the requested zero -foot wide setback. Zoning Report Case # 0213 -04 TR Inscore Page 4 While consideration was given to the front yard setbacks established by the existing zoning district and to the patterns of existing development, the request for no setback requirements is not considered inconsistent with the Comprehensive Plan since the Plan is silent on the issue and at the same time encourages increase the residential population in the central business district. Therefore, Staff recommends approval the zoning change. Staff recommends, however, that the developers incorporate some setback, landscaping, and attractive architectural features and detailing into the building facades within view of Shoreline Boulevard and the Destination Bayfront site. Doing so will provide an attractive and complementary appearance more in keeping with the City's prime Bayfront location and immediate proximity to the City's future signature park, Destination Bayfront. Planning Commission and Staff Recommendation (February 27, 20131 Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Number of Notices Mailed — 8 within 200' notification area; 2 outside notification area 0 As of February 28, 2013: In Favor — 1 (inside notification area); 1 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Development Plan K: \DevelopmentSvcs \SHARED \ZONING CASES \2013 \0213 -04 T.R. Inscore, LLC \0213 -04 Report for PC TR Inscore 2- 20- 13.docx UM Mm RAYN,E TR CASE. 1213 -4 2. SITE _ EXISTING ZONING, NOTICE AREA & OWNERSHIP R:M-1 Multifamily i IL Light industrial s Multifamily 2 iii Heavy industrial R:M-3 Multifamily 3 PUO Planned Unit ❑ev. Overlay ON Professional Office RS-10 Single - Family 10 RM -AT MuitlfamliyAT RS-6 Single- Family 6 CNA Neighborhood Commercial Mm RAYN,E TR CASE. 1213 -4 2. SITE _ EXISTING ZONING, ICJ. suj }i r prop€vCy � Owners with 200' bufty' in to Uw Owners wathirt 200' Prated ors Owners attached wmership fable In opposition NEE JOR jJ N F;A WKSE MKffn SU ISM -" Date Created., Prepared By: of Develooment NOTICE AREA & OWNERSHIP R:M-1 Multifamily i IL Light industrial RM -2 Multifamily 2 iii Heavy industrial R:M-3 Multifamily 3 PUO Planned Unit ❑ev. Overlay ON Professional Office RS-10 Single - Family 10 RM -AT MuitlfamliyAT RS-6 Single- Family 6 CNA Neighborhood Commercial RS -4.5 Single - Family 4.5 CN-2 Neighborhood Commercial RS-TF Two - Family CR -f Resort Commercial R:S -15 Single- Family 15 CR: -2 Resort Commercial RE Residential Estate CG -1 General Commercial R:S-TH Townhouse CG -2 General Commercial SP Special Permit C:t intensive Commercial RV Recreational Vehicle Parts CBQ Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay SP Business Park ICJ. suj }i r prop€vCy � Owners with 200' bufty' in to Uw Owners wathirt 200' Prated ors Owners attached wmership fable In opposition NEE JOR jJ N F;A WKSE MKffn SU ISM -" Date Created., Prepared By: of Develooment m > 0 � D � CL > - 0) % 2 E 2 T / 2 Ordinance amending the Unified Development Code ( "UDC ") upon application by TR Inscore LLC, acting as agent on behalf of Guinn - Soin, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 0.50 -acre tract of land out of Block 4, South Water Beach Addition, from the "CR -1" Resort Commercial District to the "Cl" Intensive 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 final report and recommendation regarding the application of TR Inscore LLC, acting as agent on behalf of Guinn -Soin, 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, February 27, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 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 TR Inscore LLC, acting as agent on behalf of Guinn -Soin, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 0.50 -acre tract of land out of Block 4, South Water Beach Addition (the "Property "), located on the west side of South Shoreline Boulevard between Broadway Court and Born Street, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District (Zoning Map No. 045044), as shown in Exhibits "A" and "B." Exhibit "A," which is a metes and bounds description of the Property, and Exhibit "B," which is a map to accompany the metes and bounds description, 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 specifically pertaining to the zoning of the Property (0.50 -acre tract out of Block 4, South Water Beach Addition) and that are 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 , 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 Page 2 of 2 URBAN ENGINEERING January 25, 2013 Job No. 05201.B3.00 State of Texas County of Nueces Pieldnotes for a 0.50 acre tract of land of Block 4, South Water Beach Addition, a map of which is recorded in Volume 21, Page 50, Map Records of Nueces County, Texas; said 0.50 acre tract of land being more fully described by metes and bounds as follows: Beginning at a found "X" chiseled in concrete at the intersection of the south right -of- way of Born Avenue and the west right -of- -way of Shoreline Boulevard, public roadways, for the northeast corner of said Block 4; Thence, South 11'28'56" West (Plat —South 11'01'00" West), a distance of 275.20 feet (Plat= 275.21 feet) to a found 518 inch iron rod (Bass and Welsh) found at the intersection of the north right -of -way of Broadway Court and said west right -of -way of Shoreline Boulevard, public roadways, for the southeast corner of said Block 4 and of this tract, for the beginning of a non - tangent curve to the left whose radius point bears South 05 °28'05" West, a distance of 849.02 feet, having a central angle of 05 °52'04 ", a radius of 849.02 feet, a tangent length of 43.51 feet and an are length of 86.95 feet; Thence along said non - tangent curve to the left, same being the north boundary of said Broadway Court, an are length of 86.95 feet for the southwest corner of this tract; Thence, North 13 °36'58" East, along the west boundary of this tract, a distance of 266.68 feet to a point on the south boundary of said Born Avenue, for the northwest corner of this tract; Thence, North 85 °10'02" East (Plat =North 84 °41'00" East), along said south boundary of Born Avenue, a distance of 79.11 feet to the Point of Beginning and containing 0.50 acres of land. Bearings based on GPS, NA13 83, State Plane Coordinates, Texas South Zone 4205. Unless this field notes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also, reference accompanying map of the tract described hereon. Urban ± ngineering Keith W. Woolcy, R. .L.S License loo. ( 364 W�4- gV,\oata \st«rveying\5201\8�99' i q� i bVQ 'iR 't f s (18404 FAXPW58'4L6001 EXHIBIT A www.urbaneng,com TBP[ Firm #145 Kenney. „Cy 0 o a a Kenney oQ � Born 0 Sloe Laredo m Corpus Christi Agnes es Broad aY Bay o s Christi. -C Site Map (Plat =N84'4 1'00 E)W "Point of �� N8510 0� E ° Beginning" 1 o Born Avenue 79,11 I Elev 9.52 v v QNJ Elev =4.27 cr o v = u ?c � 40' 0 I I o I 40' I � x vatim v; N N m 8 no 4. 3o m II II cN2 � m 3 g 2 0.50 acres 21,755sf ti� ti I 40' I I 40' I `r C �3 I c.:)j h Elev =5.70 d) N Elev 10.19 '=p0 Broadway Court Radius Point Bears I o S0528'05 "W 849.02' _ 0 = 05'52'04" R= 849.02' T= 43.51' L= 86.95' Map to Accompany Rev.: Feb. 6, 2013 DATE: Jan. 25, 2013 FIELONOTES for a 0.50 acre tract of land SCALE: 1 " =60' out of Block 4, South Water Beach E N G I N E E RING JOB NO.: 05201.83.00 Addition, a map of which is recorded in CORPUS CHRISTI, TEXAS SHEET: 1 of 1 Volume 21, Page 50, Map Records of DRAVNV BY: XCs Nueces County, Texas. F� No. 145. 2725 swontner St, capus Christi, TX 76404 PHONE. (361) 654 -3101 FAX (361) 654 -6001 02013 by Urban Engineering t�s C p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of March 26, 2013 2852 Second Reading /Action Item for the City Council Meeting of April 9, 2013 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING N.P. Homes, L.L.C. (Case No. 0213 -03) Change from "FR" Farm Rural District to "RS -6" Single - Family 6 District Property Address: 7511 Wooldridge Road CAPTION: Case No. 0213 -03 N.P. Homes, L.L.C.: A change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District, not resulting in a change of future land use. The property is described as Rodd East, Block 20, Lot 1, located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive. PURPOSE: The purpose of this item is to rezone the property to allow the development of a single - family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (February 27, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow construction of a residential subdivision consisting of 41 lots. The proposed rezoning is consistent with the adopted Future Land Use Plan and would be an extension of Greensfield by the Bay subdivision located west of the property. The proposed rezoning is compatible and consistent with the surrounding residential areas surrounding the property. 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 in the Southside Area Development Plan and is 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 /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o 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.: 0213 -03 HTE No. 13- 10000004 Planning Commission Hearing Date: February 27, 2013 a Applicant /Owner: N.P. Homes, L.L.C. o Legal Description /Location: Rodd East, Block 20, Lot 1, located a) a along the south side of Wooldridge Road and approximately 510 feet a � 5 east of Quebec Drive. CL 0 From: "FR" Farm Rural District y To: "RS -6" Single - Family 6 District •- Area: 9.5 acres QPurpose of Request: To allow the development of a single - family io subdivision. Existing Zoning Existing Land Use Future Land Use District Site "FR" Farm Rural Vacant Low Density Residential "RS -4.5" Single - Family Low Density Low Density 'E North 4.5 & Residential & Residential & N � "RM -1" Multifamily 1 Vacant Medium Density Residential a� J South "RS -6" Single - Family 6 Low Density Low Density n Residential Residential w East "FR" Farm Rural Vacant & Estate Low Density Residential Residential West "RS -6" Single - Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located in the Southside c Area Development Plan (ADP) and is planned for low density residential uses. cL • The proposed change of zoning to the "RS -6" Single - Family 6 District is a 6 consistent with the adopted Future Land Use Plan. a Map No.: 040032 Zoning Violations: None Transportation and Circulation: The subject property has approximately ° 330 feet of frontage along Wooldridge Road, which is an "A2" Secondary M Arterial Divided. The property will have future access to New Brunswick Drive, ° CL which is a local residential street. Wooldridge Road, west of the subject y property, is currently under construction to widen the road. The paved width of c the road is being increased to 61.5 feet and will include two bike lanes and a middle turn lane. Construction is planned to be completed by May. Zoning Report Case # 0213 -03 NP Homes, LLC Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District in order to allow construction of a residential subdivision consisting of 41 lots. Existing Land Uses & Zoning: South and west of the subject property are single - family houses zoned "RS -6" Single - Family 6 District. North of the subject property are single - family houses zoned "RS -6" Single - Family 6 District and vacant land zoned "RM -1" Multifamily 1 District. East of the subject property is vacant land and a single - family house zoned "FR" Farm Rural. 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 in the Southside Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Department Comments: • The rezoning is consistent with the adopted future land use plan and would be an extension of Greensfields by the Bay subdivision located west of the property. • The rezoning to the "RS -6" Single - Family 6 District is compatible and consistent with the residential areas surrounding the property. Planning Commission and Staff Recommendation (February 27, 20131: Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Number of Notices Mailed — 63 within 200' notification area; 3 outside notification area 0 As of February 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Subdivision Plat Urban Proposed Existing Traffic Q Q � Street Transportation Section Section Volume L O Plan Type (2011) C Wooldridge "A2" Secondary 100' ROW 50' ROW Not Road Arterial Divided 54' paved 28' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District in order to allow construction of a residential subdivision consisting of 41 lots. Existing Land Uses & Zoning: South and west of the subject property are single - family houses zoned "RS -6" Single - Family 6 District. North of the subject property are single - family houses zoned "RS -6" Single - Family 6 District and vacant land zoned "RM -1" Multifamily 1 District. East of the subject property is vacant land and a single - family house zoned "FR" Farm Rural. 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 in the Southside Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Department Comments: • The rezoning is consistent with the adopted future land use plan and would be an extension of Greensfields by the Bay subdivision located west of the property. • The rezoning to the "RS -6" Single - Family 6 District is compatible and consistent with the residential areas surrounding the property. Planning Commission and Staff Recommendation (February 27, 20131: Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Number of Notices Mailed — 63 within 200' notification area; 3 outside notification area 0 As of February 28, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Subdivision Plat b ; J• I ALL RM -1 Q Q f � - IMORNINGSTAR ESTATES U' M M Q o CR " FLOUR BLUFF & EN'C PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 MOR JNG S TAR ESTATES U b " b RS -TF Two - Family M b r CR -2 2 r n C M 3.V O M N L b b 35�, — 7" �✓ Q b N h " 16 Downtown Commercial RMH Manufactured Home D 41 50� -4.5 Q M 19 M- 53 6 1859 6 30 5120' '0 5 3 " Q " et b 0 M400 " h o $0 Feet " b b CASE: 0213 -03 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 b Q n Q i /�a /y " " SUBJECT PROPERTY FLOUR BLUFF & ENC " " Date Created: 2/1 12013 h Prepared By: jeremym r, n r e. Oeoaamen t ofrDevelooment Services NV I RA: AKtA & VW1VtKZiH1F' 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 b Q n Q i /�a /y " " SUBJECT PROPERTY FLOUR BLUFF & ENC " " Date Created: 2/1 12013 h Prepared By: jeremym r, n r e. Oeoaamen t ofrDevelooment Services C, u ~ _ Wk og g og a4 a N �z =wN �w LL o LL = z LL 3Xo ° a w 1 - �w _ a o o °z ° z z g3N° ° ° — 0. wz a a> - s' =� _ =% -=gip 4� 4 .� z x ° 3 a N ° ° ° ° A ° � ° Ir g ° ° _ ° o a < ° w _ 3 0 3 m ° SITE" z YOULURI UGE RB. Q G ° _ NUBIE C LBERTA - : U U' -Z L, UJ Z�r SEBFSi [AN IRT. MUNiREF C O T c=i� ,W♦ W Q BRUISE NEW BRUNSY CK ° 0 a U Z w Q ^°o°Z WF 11 Ix KITCH R T. 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'H ,S2 6 _ N O cl "" m 00 N I m m K o PN =I m N6l° 00' 20.00'W 140.00' f'J I .9 LO p�I 7 m 00 - NI1 z 1 - L� w ° m I '3 '3 ,E J 1 ad I - ° - I� Nm I F m N6l'..'2.'W 140.00' .. — — '3_n ,S'L 1 — — — , S6l'00'50'E m ,S2 ,52 1 - " n n m 140. 61'00'20'. 139.91' OS61'00'20'E 119. 3' C N T-- \ -n „ 161'00'20'W 110.39 I- m ° N � W U (� N jo �w oz Q ~aw m r\ W 2 W O zrcr 4L) Z � W u ° o ww wzNo Hm H zw <m g o � zoaa aN U w WnaF Z !n W wz ^= W�rc i Z° V Q�rcu 0 N mr a U �,'� e u u m , 2 �' em�11uw Om��uw N _ 39. -$2, o 88a�a" L �S.SO lQ' T rl p n L ml m'��r�olal P 11p 7 sm L .b2'sG sl'S2l '3 n s — A 9 '62[ L 3 O 'L '3 . 'b 'W _3 'n Al m �'� _ _ _ _ m � ` 09 [2611N dAtl96 ^O 9 �N 0�� M xLb iL :I T31 V'3HL AH SQl3 [JN33M9 N � W U (� N jo �w oz Q ~aw m r\ W 2 W O zrcr 4L) Z � W u ° o ww wzNo Hm H zw <m g o � zoaa aN U w WnaF Z !n W wz ^= W�rc i Z° V Q�rcu 0 N mr a U Orc r u u u em�11uw Om��uw Om��wu o 88a�a" Ordinance amending the Unified Development Code ( "UDC ") upon application by N.P. Homes, L.L.C. ( "Owner "), by changing the UDC Zoning Map in reference to Lot 1, Block 20, Rodd East, from the "FR" Farm Rural District to the "RS -6" Single - Family 6 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 final report and recommendation regarding the application of N.P. Homes, L.L.C. ( "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, February 27, 2013, during a meeting of the Planning Commission, and on Tuesday, March 26, 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 N.P. Homes, L.L.C. ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 1, Block 20, Rodd East (the "Property "), located along the south side of Wooldridge Road and approximately 510 feet east of Quebec Drive, from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District (Zoning Map No. 040032), 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 specifically pertaining to the zoning of the Property (Lot 1, Block 20, Rodd East) and that an 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 , 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 Page 2 of 2 Date Created: 21112013 I Prepared By: jeremym Development Services *:4:i1 :11r_l i :J`I- MORNINGSTAR ESTATES U \ FLOUR BLUFF & EN'C 0 M M M M MORiM.INGSTAR ESTATES U 2 M~ M b A 2 ^ b N 4 Date Created: 21112013 I Prepared By: jeremym Development Services *:4:i1 :11r_l DATE: March 22, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Asst. Director of Finance MikeBpcctexas.com 361.826.3169 Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieGp_cctexas. com 361.826.1875 Professional Services Contract with HDR Engineering, Inc for land -use survey of non - residential property in connection with the Street Maintenance Fee Database Assistance Project CAPTION: Motion authorizing the City Manager or designee to execute a contract with HDR Engineering, Inc. to provide professional services in connection with the Street Maintenance Fee Database Assistance Project, for a total fee not to exceed $225,000. PURPOSE: This item is an agreement for third party resources to perform a survey of the non - residential properties within the City in order to more specifically identify land use to be used in assigning trip factors for the Street Maintenance Fee. BACKGROUND AND FINDINGS: During the February 26, 2013 City Council meeting, Council members expressed an interest in City staff performing a survey in order to more specifically assign the land use for trip factor determination. This Agreement provides the service of performing the trip factor based on direction provided by staff and the Trip Factor Ordinance establishing rates, policies, and methodologies presented t 2013 as may be modified subsequently. ALTERNATIVES: Council may choose not to approve the Agreement. OTHER CONSIDERATIONS: survey and assigning a Index referenced in the o Council on March 19, None. CONFORMITY TO CITY POLICY: The Agreement follows all appropriate policy. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Street Operations. 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 $ 225,000 $ -0- $ 225,000 Encumbered / Expended Amount $ -0- $ -0- $ 0 This item 1 $ 225,000 $ -0- $ 225,000 BALANCE 1 $ -0- $_0_1 $ -0- Fund(s): 530000 - 1041 -12415 Comments: None RECOMMENDATION: Staff recommends approval of the Agreement. LIST OF SUPPORTING DOCUMENTS: Agreement AGREEMENT For Professional Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, "CITY", acting through Its duly authorized City Manager or designee, and HDR ENGINEERING, INC, acting through Its duly authorized representative who Is Uri E. Crull, P.E.. Vice PMI_dent (CONSULTANT), which agree as follows: 1. DECLARATIONS: "CITY' desires to engage "CONSULTANT* to provide services In connection with City's project, described as follows: Street Maintenance Fee Data Ba5eAsslstanLe "Project". 2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in accordance with the accompanying Letter, Scope of Services, and Fee attached as "ExhibitA". 3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance with Exhibit "N', Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $225,000.00 (in figures), (Two Thousand Twenty Five Dollars and Zero Cents) (in words). 4. INDEMNIFICATION AND HOLD HARMLESS, The consultant agrees to Indemnify, save harmless, and defend the City of Corpus Christi, and Its agents, servants, and employees as more fully set forth in Exhibit MBPI 5. INVOICE. "CONSULTANT" shall submit Invoices for the PROJECT in accordance with the accompanying Sample attached as "Exhibit C". "CONSULTANT" will submit monthly invoice statements for services rendered, "CITY" will make prompt monthly payments in response to "CONSULTANT" monthly estimates. CITY OF CORPUS CHRISTI HDR ENGIMEERING C. Oscar R, Martinez (Date) Carl E. Crull, P.E., Vice President (Date) Assistant City Manager 555 N. Carancahua, Suite 1600 Corpus Christ!, TX 78401 (361) 6963300 Office (361) 696-3385 Fax ATTEST: Armando Chapa, City Secretary APPROVED AS TO FORM: Op rating DepartMent (Date) i AIIA".. V% Legal Department I(Date) Project Number: Funding Source: Encumbrance Number: March 6, 2013 W. Oscar Martinez , Assistant City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 RE: Street Maintenance r4ce Data Base Assistance Dear Mr. Martinez: EXHIBIT A PAGE I OF 2 HDR Engineering is pleased to continue its assistance in the development of the data base, associated with the Street Maintenance Fee. • Under' the ctirmlit proposed fee calculation, coininercial businesses would be assigned a trip factor of 4.6 which is the median of the ITE trip factors for coiinitercial'uses.anit•iiidtistriaI businesses would be assigned a trip factor of 0.48. Based on conversations with city staff, HDR's assistance is needed to further assign (rip factors specifir• to the land use for the commercial and industrial pr6perty categories. The existing data bases of the City and Nueces County Appraisal District do not assign specific land uses, Only general categories of 'coniniercial' Qr `industrial'.. Some properties inay be incorrectly assigned the commercial or industrial code, 'Ili order, to assign trip factors specific (• the use, it will be necessary to visually review the properties in the field and assign a land use code within the data base. It. is . estimated that there are 18,000 lines within the data base'to. be evaluated. Many properties will have inultiple lines. HDR's scope and fee for services related to enhancing the City. database to include specific land uses is,outlined below. Scope of Services: HDR- will 9 Provide temporary staff to field review the•properties currently classified as 'commercial' or 'industrial' in the city provided data base and assign a land use code front the Trily Flictor Index list (attached). • HDR will coordinate with City staff development of the survey form, said forin to include information identifying criteria against which trip factor was determined. Data collected will include visible business nanie(s), vapantloo'copied status,•structural notes such as deinolished'building, etc. 0. In the event the assignment of a trip• factor code by field personnel is in question, a digital picture of the business will be taken. HDR office staff il•consultation with City staff will review the digital picture and assign a trip factor code for that business. lion Efigineefing, 10c, 556 N Cotaflooliva Phone: (3611096-3300 Texas no 0 Is tored EnglqeerIng Firm F•754 Suite 1600 Fw 1361) $96-3385 Corpus ChristlTX 78401-085D vwAv.hdr1no.com Mr, Oscdr Martinez March U, 2013 Page 2 EXHIBIT A PAGE 2 OF 2 * Enter the Trip Factor codes collected by, field pasontiel into the City's 'Street .Maintenance Fee Excel data base as directed by City staff. * HDR will-no * I.perforin any service associated with wa.lerhieter verification. Provide management oversight of the field da(A collection and data entry. Time of Copip][6tion: The estimated time of completion for tasks covered under this contract is 12 weeks. Should it appear that the time ofcompletion,will be exceeded; HDR will notify the City and mutually agreed adjustment made. k st ' lintated rice: This agreement initially authorizes a-maxinumi &e not to exceed $225,000.00 for scrOices from authorization for a period of 12 weeks. HDR will not incur expenses beyond the maximum amount autlioriz6d without prior authorization and amendment of this agreement.- The table below presents the HDR staff classificatifts that are anticipated to be involved, with this pr I oject and their hourly•rate. They.-will be suppoitcd by other HDR staff as needed. HDR will invoice for,other employees. at direct salary times a multiplier of 3,5. Direct expenses such as mileage, supplies, and equipment will be billed at cost plus 15%. EMPLOYE4✓ CLASSIFICATION .HOURLY RATE Field Data Collector (Tenipmary. $35.00 Staf Data Entry. (Administrative Assistant) $80.75 Project. Manageincrit $295.00 QA/QC'and Project Controls $95.00 If. this agre6ment qnd terms and-conditions are 9cceptable, pleise prepare the necessary Agreement for Professional Services for City Counci I Approval. The City" Coulicil's approval of thd Agreement will constitute a Notice to Proceed with-the work. Should you need additional information regarding this proposal, please contact Mr. Crull at 361 -696 -3326 at your convenience. Sincerely, HDR ENGINEERING, INC: Carl B. Crull, P.B. Vice Pres"dent cc: Valerie Gray, City Director of Storm Water and Street Operations I IF Exhibit IS Mandatory Requirements (Revised November, 2005) LWWAUNADOM. 2, For non-professional services, Consultant agrees to Indemnify, save harmless and defend the City of Corpus Christi, and Its Ogents, 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 attorney 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 a ny property, which may arise or Which may be alleged to have arisen out of or In connection with the work covered by this contract, for professional services, Consultant agrees to Indemnify, save harmless and defend the City of Corpus Christi, and Its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, Including court costs and attorney fees, for or on account of any Injury to any person,, or any death at any time resulting from such Injury, or any damage to any property, to the extent caused or alleged to have been caused by the Consultant's negligent acts, errors or omissions In the performance of professional services under 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" Paw 1 of I HAHOMEV4flyMPNT'jfff41SMALL At (12-04)kSmALL EXHISIT 0,HDR INDEMNHY.000 4 ,0 tr 50 CE 0 CL t -E 0 C) C E E 0 0 0 LO 0 LO a r: 1� > Frw 0 N 00000 au) 8 0 to a. U9 0 r- 0 Ui U3 LU va U- 0 0 0 C) 0 6% 0 u LD P- LU C%, w 0660 te z z te U) LLI .2 0 :07 LO a I'. to (L . cl) 2 C4 pi 0 (0 cy) 'o 4) C) C) 0 0 0 LO 0 LO a r: 1� > 0 N 00000 au) 8 0 to U9 0 r- rz Ui U3 va U- 0 0 0 C) 0 6% 0 u LD P- 64 w ao) W LL CL c U) O 0 g LO t� I'. to C-4 cl) C4 pi ca (0 cy) 'o m < U- c (n m c 0 g 64 .2 t; ti) 0 LO b N 0 N E ch CL 0 -0 00 0 C) 0 ca C) 0 a 0 0 an 0 U) 3: FL 0 in co to T co , .000000 4) 00000 v 0 0 to LO 0 a C4 o as \ 4F'g o 0000000 0 0 N q�lwI L =j gl il,lw il.mr, 0- W- ME 000 C) (D Lfi Iq Irl T- ta VIV 00 C) r- U) W) 0) N F« 0 0 1- r- Lr) N w co T-- r: Cq 61/ &), C) o 0 0 C14 04 0 r T.- 1-: CST 6vy bc� 0 0 0 C) 0 0 q ql (6 N co 0 1 (00 b V. Gr Ui U3 va U- ? U) u c w ao) W LL CL c U) o LL U) (D ca (0 cy) 'o m < U- c (n m c 0 g .2 t; m 5 < b -6 E ch CL 0 -0 c o U) :0 0 an 0 U) 3: FL 0 in co to T co , b V. Gr DATE (M.WDDNWY) '' .. CERTIFICATE OF LIABILITY IN aU RANCE WUNM, inl1012012 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED; the policy(les) (must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A sta(g(nent on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Lockton Companies, LLC -1 Kansas City ..... 444 W. 47th Street, Suite 900 P o Kansas City MO 64112 -1906 AIC N E-MAIL (816) 960-9000 ass' Y -_- INSURERW AFF RDING COVERAGE NAIC 6/]/2012 IN$UR §R A. Hartford fire Insurance Company 19682 INSURED HDR ENGINEERING, INC.. 11113472 INsuRER a: St, Paul Fite and Marine Insurance company '$ 1,000,000 8404 INDIAN HILLS DRIVE INSURER C, Sentinel Itl$urattce GGitl aD Ltd. 11000 OMAHA A 68114 -4049 INsuR R 0: Zurich American Insurance Company 16535 INSU1�It DAMAGE TO RENTED PREMISES EaacMnsncs} MEO EXP rMrn IN 1p2ERF; - -- CLAIMS -MADE OCGUI1 COVERAGES 14DRIN01 SA CERTIFICATE NUMBER- 12051254 RFVISIAN NLIMRFR! XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN6R LTR TYPE OF INSURANCE D_ POLICY NUMBER POLICY E.FF I,IMlDG ppp�iLICY EXP L641RI LIMITS A GENERAL LIABILITY Y Y 37CSEQU0950 6/]/2012 611/2013 RENGE '$ 1,000,000 - .�i MMERGIALGEN!•_. UiY DAMAGE TO RENTED PREMISES EaacMnsncs} MEO EXP rMrn CLAIMS -MADE OCGUI1 PERSONAL sADV INJURY $ 1,000,000 X COntraClual Liall. GENERAL AGGREGATE $ GENIL AGGREGATE LIMIT APPLIES PER; PROD s-- compiopAGO 1 2 POLICY N x PRO- X LOC $ q A AUTOMOBILE LIABILITY Y Y 37CSE U0951 (ADS) 37CSE L10952 (HI) 6/112012 6/112012 &If2013 6112013 UMOIklenl A X ANYAiITO 37MCPU1160(MA) 61112,012 61112013 BODILY INJURY (Per Pte) $ XXXUXX BODILY INJURY Perocradent S AUTOS LO NED SCHEDULED AUTOS PROPERTY DAMAGE IL $ X ry VXXXXr X HiREO AUTOS N NON -OWNED AUTOS $ XXXXJCXX B X I UMBRELLA LIAR i{ OCCUR N N ZUP- IOR64084 -12 -NF 611/2012 61112013 EACHGCCURRENGE $ 1000000 EXCESS LIAR CLAIMS•MAGE (EXCLUDES PROF. LIAR) AGGREGATE 1!0001000 DED I X I RETENTION$ $0 s =Xxxx C WORHERS COtdPENSATIDN AND EMPLOYERS LIAWLITY + � 91WEOHI000 71112012 71112013 T XYLIMITS J ER 'TOR', YIN AWPROPRIETORlPARTNERIEXECUTi" E.L. EACH ACCIDENT '$ j ,00 FI e"EMBER EXCLUDEDi ® OFandat"InNH) NIA (M E.L. DISEASE -EA EMPLOYEE $ 1,000,000 II yyes, daxrbQ under E.L. DISEASE - POLIGYLIMIT $ DESCRIPTISNOF OPERATIONS below D ARCHS & ENDS N N FOC9260026 -05 6/1/2012 61112013 PER CLAIM; $1,000,000. AGO: PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 109, Add €llona6 Remarks Schaduls, If mare space Is mclulred) RE: ENGINEERING SERVICES - THE CITY OF CORPUS CHRISTI IS NAMED AS ADDITIONAL INSURED ON GENERAL LIABILITY AND AUTO ON A PRIMARY, NON - CONTRIBUTORY BASIS, AS PER WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES WHERE ALLOWABLE BY LAW. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, 12051 254 AUTHORIZED REPRESIRSTAT CITY OF CORPUS CHRISTI CONTRACT ADMINISTRATOR ATTN: DEPARTMENT OF ENGINEERING SERVICES P,1}, BOX 9277 CORPUS CHRISTI TX 78469 -9277 ACORD 25 (2010105) The ACORD name and logo are reglalered marks of ACORG 1968 -2010 CORPORATION. All rights reserved nSUITLILk NUMUR 10BF1SSfGNEDM-L-M- PURCIIASINO DIVISION City of CITY 01" CORPUS CHRIST] Corps, Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firths seeking w do business with the Cite rovide the following information. Every liestion must be answered, If the question is not "app Picable. answer %vilh "NA". See reverse side I'm Filing Requirements. Certifications and definitiorts. CONVANN'NAINIE: 11. 0. BOX: 111DI2 Engineering, Inc. STREET ADDRESS: 555 N. Cal-ancalmil, Sidle 1650 CITY: Corpus Christi Z1111. FIRM IS: L Corporation X 2. Pa Inership 3, Sole Owner El 4, Association ❑ S. otlici. H DISCLOSURE QUESTIONS If additional space is necessary please use the reverse side of this page ora"ach separate sheet. 1. State the names of each "eIilployec­ of the City of Corpus C11-isti havmi an -ownership interest" constituting 3% or more of ownershipi in the above named "firm.' Name JobTitle and City Department (il'known) NIA 2. State the names of each -oft icial" ol'the City of ( "Ir l e is Christi having in "ownership inicrest" constituting 31114 or more of the ownership in- the al)mIl, named "firm," Name "Title N/A 3. State the names of etch -board member "" of the Cit\ olTorpus Christi having an --ownership interest" constituting 31% or more of the. ownership iii the above named '`firm. " Name Board,, Commission or Committee N/A 4. State the names of each emplovee or officer ot'a -consultant" for tile City of Corpus Christi who worked on ,in), 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 78478 FILING RI QUIREME.NTs if person 11'110 requests official action oil a matter knows that the requested action Will confer an economic benefit on may City Official or employce that is distinguishable from the efrect that tile action will have on members of file public in general Or it SUbstallfial segment thcreor, voll shall disclose Iliat fact in a signed wrifin to tile City official, employce 'or body that has been requested to act in the matier, unless tfle interest of tile City official "Or emPloyee, in the matter is imparent. The disclosure shall also be made in a signed 'writing file([ with the 01N Secretary. P-thics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and COMO WR Of the (late of this slatemem, that I have not knowingly withheld disclosure of any information requested-, and that supplemental statements will be promptly submitted to the Cit5? of Corpus Christi. Texas its changes occur, Certifying Person: Carl E. Crull, P. E. Title: Vice President IType a r Prim) signature or Certify ing Date: Person: DEFINITIONS a. "Board member.- A member of auty board, commission, or commitice appointed by file City Council of' tile City of Corpus Christi, ,exas. 1). "Economic benefit". Ail action 11111 is likely to affect an ecollorilic interest if' it is likely to have an effect on that interest that is distinguishable fi-olli its effect oil membel'S of* the public its gencril Ora substantial segment thercol'. c. "Employee." Ali), person employed by the City of Corpus Christi. Texas either oil a full or part-time basis, bill not as nit independent contractor. (1, "Firm." Any entity operated ror economic gain. %V11011CY prOfCSSiOnal. iffilListrial 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 v person, partnership, corporation,joint stock company,joint ven(ure, receivership or trust, all(] entities which for purposes of taxation are trwated as icon - profit orgalliz,,11jolls. e. "Official." The Nlayor, members of file City Council, City IManager, Deputy Of), Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. 17. "Ownership Interest." Legal or equitable interest, whellier actually or constructively field, in a firm, including when sticli interest is held through all agent, irost, estate. or holding entity. "ConstrucHvely held" refers to holdings or control established through voting trusts, proxies, or special terms of'venture or partnership agrecmcnts.'* g. "'Consultant." Any person or firill, such as engineers and architects, hired by flic City of Corpus Christi for the purpose ol'professional consultation and recommendation. 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: March 26, 2013 Agenda Item: Contract to provide Street Maintenance Fee data base assistance. Amount Required: $ 225,000 Fund Name Account No. Fund No. Org. No. Project No. Amount Street Fund 530000 1041 12415 $225,000 Total $225,000 ❑Certification Not Required Director of Financial Services Date: Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $82,003 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) lease vehicles; and appropriating the $82,003 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 in the amount of $82,003 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) lease vehicles. SECTION 2. That $82,003 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for four(4) Corpus Christi Police Officers, and four(4) lease vehicles. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 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 , 2013 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 ATTEST: Armando Chapa City Secretary day of Nelda Martinez Mayor 2013. NOTICE OF GRANT AWARD TEXAS DEPARTMENT OF PUBLIC SAFETY TEXAS RANGER DIVISION ' Program Title: Local Border Security Program FY 2013 (LBSP-13) Funding Instrument: General Appropriations Act, Rider 41, 825TLegislature ---- — --- - ---- - -- - -- - ------------------------------ - - Texas Department of Public Safety Administered by: Texas Rangers Division P.O. Box 4087 Austin, Texas 78773-0600 Grant Number: LBSP-13-09 Recipient: City of Corpus Christi — ------------- Amount of Grant: - - -------------- $85,000.00 Period of Grant: jJanuary 1, 2013 through August 31, 2013 -------------------- - AGENCY APPROVAL GRANT ACCEPTANCE ..... ----- r nd C of rinte Name: Title: Date: 02115/2013 TDate. Return Signed Award to: Texas Department of Public Safety Texas Rangers Division Attention: Brandy Prinz P.O. Box 4087 Austin, Texas 78773-0602 or brandy. p rinz @ dps.texas.gov Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $85,000 from the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant; and appropriating the $85,000 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 in the amount of $85,005 from the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant. SECTION 2. That $85,000 is appropriated in the No 1061 Police Grants Fund from the the Texas Department of Public Safety, Texas Rangers Division for the FY2013 Local Border Security Program grant. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 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 , 2013 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 ATTEST: Armando Chapa City Secretary day of , 2013. Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing/ First Reading for the City Council Meeting of March 26, 2013 Second Reading/ Action for the City Council Meeting of April 9, 2013 1852 DATE: February 22, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P. E., Interim Director, Development Services arkVV cctexas.com 361.826.3246 Amendment to the Code of Ordinances, Chapter 14, Article II, City of Corpus Christi Technical Construction Codes: Division 7, Plumbing code, Section 14 -281, Plumbing code, and Division 8, Residential code, Section 14 -292, Residential construction code. CAPTION: Ordinance amending the Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, and an effective date. PURPOSE: Create new subsections (10.1) pertaining to Section 312.10 of the International Plumbing Code, which relates to inspection and testing of backflow prevention assemblies and (16.1) pertaining to Section P2503.8 of the International Residential Code, which also relates to inspections and testing of backflow prevention assemblies. In doing so, we will establish new language and change the testing requirements from annual to triennial. BACKGROUND AND FINDINGS: The Backflow Prevention Program was instituted in 1996 to protect the City's potable water supply from potential hazards contaminating customer internal water distribution systems. The prevention program is regulated by the Safe Drinking Water Act (SWDA) of 1974, the Texas Commission on Environmental Quality (TCEQ), as well as Plumbing and Building Codes. The program is administered by the Backflow Division in Development Services, and funded by the Water Department. If a backflow preventer fails on a lawn irrigation system there are many potential hazards such as lawn chemicals, fertilizer, or pet waster that can leak into our general water supply. There are currently 10,872 active irrigation systems with backflow preventers according to our records with an annual inspection failure rate of 15 %. On December 13, 2012, Development Services presented a backflow power point to the Mechanical /Plumbing Advisory Board seeking their recommendation. The Board recommended that we adhere to the code as it is written, which is annual testing on residential irrigation backflow devices. Subsequent to, we took the same presentation to City Council on January 15, 2013, in the decision to have residential backflow irrigation devices tested triennial instead of annually was reached unanimously. Additionally, staff prepared an ordinance amending the language to read triennial testing instead of annual testing in the International Plumbing Code and International Residential Code. The ordinance was taken to Mechanical /Plumbing Advisory Board on February 14, 2013 seeking their recommendation. The Board's decision to leave the language as is was unanimous. The Board was in opposition of changing the testing to anything other than annually. ALTERNATIVES: Make no change to the 2009 International Plumbing Code and Residential Code as adopted, leaving the more stringent requirement in place. OTHER CONSIDERATIONS: In 2009, 391 backflow assemblies for residential irrigation were installed. Since that time four of those devices have had to be replaced due to multiple failures or device defects. The regional water system depends on surface water for its supply. Best Management Practices in maintaining water quality is essential to healthy systems. Any reduced vigilance raises the risk for intrusion of contaminants into the system. Back flow inspections are important for public health and welfare of the community and ensure that back flow equipment is maintained and operating correctly. If there were to be an intrusion into our system, it could lead to a localized or system wide boil water order until the water is cleared for drinking. A boil order could potentially cost the city hundreds of thousands of dollars and the loss of consumer confidence. CONFORMITY TO CITY POLICY: The administrative provisions of the 2009 International Plumbing Code and Residential Code allow for local amendments to developed and incorporated to meet the needs of the community. EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: Mechanical /Plumbing Advisory Board Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q 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 denial of the proposed ordinance, and reiterates the importance of annual testing. Mechanical /Plumbing Advisory Board recommends denial of the proposed ordinance, and opposes any other action other than annual testing. 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 7, "PLUMBING CODE," Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL CODE," Section 14 -292, "Residential construction code," by changing the frequency of testing for residential irrigation backflow devices; providing for severance, penalties, publication, 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 7, "PLUMBING CODE," Section 14 -281, "Plumbing code," is amended by creating a new subsection to read as follows: "Sec. 14 -281. Plumbing code. "With the following additions, deletions, and revisions, the International Plumbing Code, 2009 Edition [including Appendix C, Gray Water Recycling Systems; Appendix E, Sizing of Water Piping; Appendix F, Structural Safety; and Appendix G, Vacuum Drainage System (see International Plumbing Code Section 101.2 2009 Edition)], as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Plumbing Code for the City of Corpus Christi: "(10.1) Section 312.10 of the International Plumbing Code is revised to read as follows. "312.10 Inspection and testing of backflow prevention assemblies. Inspection and testing shall comply with Sections 312. 10.1 and 312.10.2. "312.10.1 Inspections. Residential irriaation backflow prevention assemblies shall be inspected at least once every three years. Annual inspections shall be made of all other backflow prevention assemblies and air gaps to determine whether they are operable. "312.10.2 Testinq. Residential irrigation backflow prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventer assemblies, double check -valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, hose connection backflow preventers, and spillproof vacuum breakers that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with one of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. SECTION 2. The Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article II, "City of Corpus Christi Technical Construction Codes," Division 8, "RESIDENTIAL CODE," Section 14 -291, "Residential code," is amended by creating a new subsection to read as follows: "Sec. 14 -291. Residential code. "With the following additions, deletions, and revisions, the International Residential Code for One- and Two - Family Dwellings, 2009 Edition [including Appendix O, Gray Water Recycling Systems (see International Residential Code Section R102.5 2009 Edition)], as published by the International Code Council, a copy of which, authenticated by the signatures of the mayor and city secretary, made public record by this section, and on file in the city secretary's office, is incorporated by reference and adopted as the Residential Construction Code for the City of Corpus Christi: "(16.1) Section P2503.8 of the International Residential Code is revised to read as follows. "P2503.8 Inspection and testinq of backflow prevention devices. Inspection and testing of backflow prevention devices shall comply with Sections P2503.8.1 and P2503.8.2. Technical Constructn Code Resid Backflow Testing Ord Page 2 of 4 "P2503.8.1 Inspections. Inspections shall be made of all backflow prevention assemblies to determine whether they are operable. "P2503.8.2 Testing. Residential irrigation backflow prevention assemblies shall be tested at least once every three years. Reduced pressure principle backflow preventers, double check valve assemblies, double- detector check valve assemblies and pressure vacuum breaker assemblies that are not part of a residential irrigation system shall be tested at the time of installation, immediately after repairs or relocation and at least annually. SECTION 3. 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 4. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Sections 1 -6, 1 -6.1, and 14 -207 of the Code of Ordinances, City of Corpus Christi. Unless otherwise specifically stated within the provisions of this ordinance or the Code of Ordinances, City of Corpus Christi, any violation of this ordinance or the requirements implemented under this ordinance that is punishable by a fine that exceeds the amount authorized by Section 12.23 of the Texas Penal Code shall require a culpable mental state of "criminal negligence." 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. SECTION 6. This ordinance and its requirements take effect on and after May 1, 2013. Technical Constructn Code Resid Backflow Testing Ord Page 3 of 4 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 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 Technical Constructn Code Resid Backflow Testing Ord Page 4 of 4 to DATE: March 5, 2013 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of March 26, 2013 Second Reading Ordinance for the City Council Meeting of April 9, 2013 TO: Ronald L. Olson, City Manager FROM: Foster Crowell, Director, Wastewater Department FosterC @cctexas.com 361- 826 -1801 Fireworks Display adjacent to the Whitecap Wastewater Treatment Plant agreement CAPTION: Ordinance authorizing the City Manager or designee to execute an agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4, 2013. PURPOSE: Jerry Watkins is requesting use of property adjacent to the Whitecap Wastewater Treatment Plant for a fireworks display on July 4, 2013. BACKGROUND AND FINDINGS: Mr. Watkins called the Wastewater Department to request the use of property adjacent to the Whitecap Wastewater Treatment Plant for a free fireworks display event on July 4, 2013. ALTERNATIVES: Do not approve Use Privilege Agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council action is required for use privilege agreements EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X 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 1 $1.00 $1.00 BALANCE 1 $1.001 1 $1.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Ordinance Use Privilege Agreement Whitecap Wastewater Treatment Plant Ordinance authorizing the City Manager or designee to execute an agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4, 2013. Section 1. That the City Manager or designee is authorized to execute a Use Privilege Agreement with Jerry Watkins to use a portion of the property adjacent to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap Blvd. for staging a fireworks display on July 4 2013. A copy of the agreement will be on file 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 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 1 USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Use Privilege Agreement ('Agreement') is made this day of , 2013, between the City of Corpus Christi ( "City "), a Texas home rule municipal corporation, acting through its duly authorized City Manager, or his designee, and Jerry Watkins, ( "Permittee "), with mailing address of . The parties agree as follows: 1. The City is the owner of the Whitecap Wastewater Treatment Plant, located in 13400 block of Whitecap Blvd. Corpus Christi, Texas. 2. The Permittee desires to use the portion of the City property on the lot adjacent to the Whitecap Wastewater Treatment Plant for the purpose of staging a free fireworks display in conjunction with a 4th of July 2013. The Permittee will contract with Zambelli Fireworks to conduct the fireworks event. Zambelli Fireworks will temporary install mortars, racks, firing boxes, electronic firing systems, and splitters on the Property. Approximately 1300 firework shells between 3" and 5" in diameter will be fired from the installed equipment during the performance. The fireworks event will take place at approximately 9:00 p.m. On the day of the fireworks event, if prevailing winds blow towards the Padre Island Yacht Club or towards the Whitecap Wastewater Treatment Plant, the fireworks launch shall be canceled. 3. The exact permitted location for the fireworks launch will be identified by the City Fire Marshall, on City property adjacent to location of the Whitecap Wastewater Treatment Plant, as shown by site map on Exhibit A. The permitted location for the fireworks launch is at least 350 feet from structures or improvement in all directions. 4. In consideration of providing the free fireworks event and Permittee's covenants expressed in this Agreement, the City grants Permittee the use of the City Property described in Section 3, for the purposes stated in paragraph 2 of this Agreement, on July 4, 2013. All references herein to Permittee also apply to Permittee's contractor(s), agent(s), and employee(s) if applicable. Permittee may have access to the property on July 3 for purposes of investigation and set up, but the actual fireworks event will take place on July 4, or other date as mutually agreed to in writing by the City Manager or designated Assistant City Manager. 5. Permittee's use of the property is subject to the following conditions; A. This Agreement may be revoked at any time by the City of Corpus Christi's City Manager, or the City Manager's designee ( "City Manager), giving the Permittee in writing 3 days notice of the revocation of this agreement. 2 B. Permittee may not assign this Agreement without the City Manager's prior written consent. C. Permittee must submit a detailed description of its planned use of the Property, including drawings showing the specific location where the equipment identified in Paragraph 2 will be installed and specifications for the fireworks that will be used, to the City's Fire Marshall and Wastewater Director. D. INDEMNIFICA TION. (1) TO THE EXTENT ALLOWED BY TEXAS LAW, PERMITTEE, ITS OFFICERS. MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTOR AND LICENSEES (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH) SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES (`INDEMNITEES') AGAINST ANYAND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAYALL CHARGES OFATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. (2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT 1S THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PREEXISTING CONDITIONS. THE INDEMNITY CONTAINED IN THIS SUBPARAGRAPH D APPLIES, WITHOUT LIMITATIONS, TO ANY VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW IN EFFECT DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS, AND ANY AND ALL 3 MATTERS ARISING OUT OFANYACT, OMISSION, EVENT OR CIRCUMSTANCE EXISTING OR OCCURRING DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS (INCLUDING WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR RELEASE FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR SOLID WASTE DISPOSED OF OR OTHERWISE RELEASED PRIOR TO THE RELEASE DATE), REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR REGULATION AT THE TIME OF ITS EXISTENCE OR OCCURRENCE. THE TERMS `HAZARDOUS SUBSTANCE" AND "RELEASE" SHALL HAVE THE MEANINGS SPECIFIED IN COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITYACT OF 9980 ( "CERCLA'), AS AMENDED, AND THE TERMS "SOLID WASTE "AND `DISPOSED" SHALL HAVE THE MEANINGS SPECIFIED IN RESOURCE CONSERVATION AND RECOVERY ACT OF 9976 ( "RCRA'), AS AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA OR RCRA IS AMENDED SO AS TO BROADEN THE MEANING OF ANY TERM DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL APPLY SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH AMENDMENT AND PROVIDED FURTHER, TO THE EXTENT THAT THE LAWS OF THE STATE OF TEXAS ESTABLISH A MEANING FOR "HAZARDOUS SUBSTANCE," "RELEASE," OR "SOLID WASTE," OR "DISPOSAL" WHICH IS BROADER THAN THAT SPECIFIED IN EITHER CERCLA OR RCRA, SUCH BROADER MEANING SHALL APPLY. (3) IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY SUBSTANCES THAT RESULT FROM THE COMBUSTION OF SUBSTANCES DISCHARGED BY THE PERMITTEE, WHETHER THE SUBSTANCES ARE DISCHARGED FROM THE PROPERTY OR AREAS ADJACENT TO THE PROPERTY, FALL INTO OR OTHER ENTER ANY OF THE CITY'S WASTEWATER TREATMENT WORKS AND INTERFERE WITH THE TREATMENT PROCESS OR CAUSE THE EFFLUENT PRODUCED BY THE TREATMENT WORKS NOT TO MEET THE STANDARDS FOR EFFLUENT AUTHORIZED UNDER THE CITY'S CURRENT PERMITS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, THE PERMITEE SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL CIVIL AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT RESULT FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT MEET THE TERMS OF THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT OR TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT AND SHALL BEAR ALL rd COSTS INVOLVED WITH BRINGING THE WHITECAP WASTE WATER TREATMENT PLANT BACK INTO COMPLIANCE WITH ITS PERMITS. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the use of the Property and the any activities related to the use of the property authorized by this Agreement, in the minimum amounts of insurance shown in Exhibit B, which is the attached to and incorporated into this Agreement. The insurance policies must show the City and Padre Island Yacht Club as a named additional insured. Upon City Managers written request, Permittee shall provide copies of all insurance policies to the City's Risk Manager. Unless the City's Risk Manager is given 30 days advance written notice, the policies shall be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. F. Permittee's use of the Property may not interfere with the operation of the City's Wastewater Treatment Plant ( "Plant "). Any construction or equipment installed by Permittee must be removed by the Permittee and the Property restored to its original condition before this Agreement expires. G. If City needs access to the Property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Plant or any utility lines for repair, replacement, or maintenance of the utility lines. H. Permittee must consult with City Traffic Engineering Office for traffic control plan. Permitee may not close or barricade a public street, or any portion of the public street until the Permittee or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office and paid applicable street closure, Traffic Control, and Traffic Engineering permit fees. Permittee must pay to maintain or repair the Property being used at all times, regardless of the type of damage that may occur, within 24 hours of notice of damage to Permittee. J. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. K. Before digging or doing any excavation on the Property, Permittee must verify depth and location of existing Water, Wastewater, Gas, AEP (C.P.& L.), Southwestern Bell Telephone., Time Warner, and Grande Communications lines, as well as all other telecommunication providers in the area. Prior to the start of any excavation, the Permittee or Permittee's Agent must call the Texas One Call System, at (800) 245 -4545, 1-800 - DIG-TESS, and Lone Star Notification Center, at (800) 669 -8344, for 5 locations of existing utilities. A City Inspector may request a utility line be uncovered to verify its depth or location. L. Permittee may not begin work without 48 hours prior notice to the AEP (C.P,& L), S.W.B.T., Grande Communications, Time Warner, Water, Gas, Storm Water, and Wastewater Divisions along with the telecommunication providers in the area. M. Permittee must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. N. If damage occurs to any gas, storm water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). 0. Prior to utilizing the Premises, Permittee must obtain all required Federal, State and Local permits, including but not limited to the fireworks permit from the Corpus Christi Fire Department. P. Permittee must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. Q. Damage to any City property, or driveways, culverts, head walls and any other structure, public or private, must be repaired by the Permittee at his expense within 30 days after being notified of damage to same. R. Permittee may not store or leave any equipment or material in City Property overnight. S. Permittee must notify Wastewater Director, or his designee, at least 24 hours prior to starting work. T. The Permittee must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits may be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. U. Barrel type barricades, approved by City's Traffic Engineering Office, will be placed adjacent to all open pits at Permittee's expense. V. Because the Property is in full view of the public, it must be maintained in neat and orderly fashion without visible trash, paper and other unsightly debris. 6. This agreement takes effect on date of last signature. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: Ronald L. Olson City Manager The Permittee, Jerry Watkins, agrees to keep and perform the conditions and be bound by all of the terms imposed by the Use Privilege Agreement. By: , Jerry W ns Date: The fireworks contractor, Zambelli Fireworks, agrees to keep and perform the conditions and be bound by all of the terms imposed by the Use Privilege Agreement. By: Name: Title: Date: - Exhibit A Site Map EXHIBIT B INSURANCE REQUIREMENTS I. PERMIITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. At least thirty (30) days prior to the fireworks event, Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 10 -Day written notice of cancellation and Bodily Injury and Property Damage a 30 --- day written notice of non- renewal, Per occurrence aggregate material change or termination required on all certificates Commercial General Liability including: $10,000,000 PER OCCURRENCE 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Inde endent Contractors AUTOMOBILE LIABILITY — OWNED, NON- $1,000,000 COMBINED SINGLE LIMIT OWNED, OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS EMPLOYERS' LIABILITY WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 0 II. ADDITIONAL REQUIREMENTS A. Permittee 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. Workers' compensation coverage must be in amounts sufficient to assure that all workers' compensation obligations incurred by Permittee are promptly met. B. Certificate of Insurance. The City of Corpus Christi and Padre Island Yacht Club must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words "endeavor to ", and deleting the wording after "left'. The name of the project must be listed under 'Description of Operations ". At a minimum, a 30 -day written notice of material change, non - renewal or termination and a 10 - day written notice of cancellation is required. C. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.13(1 ) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13.(1) -(7) are included or excluded. � o �. 1 `�Jv -��- �Q x, , l� 1 DATE: March 14, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Buc Days 2013 lease agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2013 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 22, 2013 through May 8, 2013; use of parking lot north of former Memorial Coliseum site from April 10, 2013 through April 16, 2013 provide for Commission paying fees for City services in amount not to exceed $33,000.00 PURPOSE: To approve date, location, and admission fees and consideration for the 2013 Buccaneer Days Festival and related activities. BACKGROUND AND FINDINGS: The Buccaneer Commission hosts the annual Buc Days events. The activity schedule includes a rodeo, festival and carnival, and illuminated night parade. The 2013 events begin April 9 and continue through May 4. The mission of the Buccaneer Commission includes educational opportunities support for area students. City Council approved the 2010, 2011 and 2012 Buccaneer Days Festival lease agreement for the annual festival and related activities. ALTERNATIVES: Do not approve event agreement. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements and approval of fees charged in conjunction with public events. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating ❑Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures CIP onl Current Year Future Years TOTALS Line Item Budget $33,000 $33,000 Encumbered / Expended Amount This item ($33,000) ($337000) BALANCE 0 0 Fund(s): General Fund — Police, Streets, Parks & Recreation Comments: Agreement allows for up to $33,000 in reimbursement for City services provided for Buc Days RECOMMENDATION: Staff recommends approval of agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with exhibits Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2013 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 22, 2013 through May 8, 2013; use of parking lot north of former Memorial Coliseum site from April 10, 2013 through April 16, 2013 provide for Commission paying fees for City services in amount not to exceed $33,000.00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Buccaneer Commission to conduct the 2013 Buccaneer Days Festival and related activities. A copy of the Agreement is on file with 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 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 ATTEST: Armando Chapa City Secretary day of Nelda Martinez Mayor BUC DAYS SHORT TERM 2013 LEASE AGREEMENT State of Texas § County of Nueces § Page 1 of 23 Know All By These Presents: This short term Lease Agreement ("Lease Agreement') between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. ("Commission"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein, 1. - Definitions. a. City - means the City of Corpus Christi, a Texas home-rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Commission — means the Buccaneer Commission, Inc., a Texas non-profit corporation. f. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. g. Event - means the annual Buccaneer Days Festival ("Buc Days") and related activities sponsored by the Commission including carnival a barbeque cook-off along Shoreline Blvd; and parade. Events, The Event dates are described in Section 2, Section 3 and Exhibit B. h. Parks Director - means the City's Director of Parks and Recreation or designee. i. police Chief - means the City's Police Chief or designee. j. Promises - means the Event sites for the Buccaneer Days Festival and related activities more fully described in Section 3 and on the attached and incorporated Exhibit A. k. Risk Manager - means the City's Director of Risk Management or designee, 1. City Secretary — means the City Secretary or designee 2. Term. This Lease Agreement takes effect upon execution by the City Manager. The Commission will be entitled to exclusive use of the Premises described below, for the Page 2 of 23 periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Promises and Permitted Uses. City grants to the Commission the privilege of using City property to conduct its annual Buccaneer Days Festival for the dates set forth in Exhibit B: A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Area (Arena). B. For the BBQ Cook Off: Premises are parking lot on the north side of the former Memorial Coliseum location. C. For the Buc Days Festival; City property to be used for the Buc Days Festival includes: Parking lots located north and south of the former Memorial Coliseum site; the grass area located at the former Memorial Coliseum site, and the park bounded by Kinney Street and N. and southbound Shoreline excluding Sherrill Park. The grass area located at the former Memorial Coliseum site may only be used for tents, and electric drive type of "kiddie" carnival rides, with weight that does not exceed 20,000 pounds per ride. D. If any of the desired Premises include use of the American Bank Arena area ("Arena Area"), Commission shall obtain separate agreement with SMG, the City's General Manager of the Arena Area. E. For the Buc Days Illuminated Night Parade on Saturday May 4, 2013, : Parade begins on Leopard Street at Buc Stadium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south on southbound Shoreline Blvd. to Park Avenue. Breakup area is on southbound Shoreline Blvd. at former Memorial Coliseum area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below. Parade route is depicted on attached Exhibit. F. For the Junior Parade on Saturday April 27, 2013 : Parade route is depicted on the attached Exhibit. Street closure and parade permits must be obtained as required in Sections 11 and 21 below G. Landscaped areas within the Promises or utilized for the Event must be protected by the Commission. H. For all activities on the barge dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. Promises Revisions. Construction along Shoreline may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibits A will be executed by the City Manager and Commission Agent and filed with the City Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. Page 3 of 23 5. Event Layout Diagram. The Commission's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Permit Fees. The Commission must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Special Event Permit fee of $400.00 health permit/vendor fees, Development Services permit fees, traffic engineering street closure permit fees and parade permit fees, 7. Payment of City-Costs 7.1 Payment of City Costs for services provided A. City agrees to provide the following services for total not to exceed cost of $33,000.00. 1) Stormwater. Cleaning inlets day after parade, not to exceed $2,500.00. 2) Solid Waste: Street cleanup before and after night parade, not to exceed $3,500.00. 3) Parks and Recreation: Deliver and pickup trash receptacles at Festival Event site and night parade and junior parade; assist with cleanup of both parades in downtown tourst area, not to exceed $3,200.00, 4) Street Signs and Services: Deliver and pickup barricades at Festival Event site, night parade, and BBQ/Rodeo event site; construct barricades as needed., not to exceed $800.00 5) Police: Overtime for carnival event not to exceed $23,000.00. These fees are also shown on Exhibit D. B. The Parks Director will invoice the Commission for these costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. C. If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. D. As additional consideration for City services, the Commission will name the City as a sponsor of the Parade and Festival. The city logo will be placed on the sponsor section of the website, the Festival section and the parade section. Four (4) banners will be placed on the fence of the Festival site for its duration, to be provided by the city. The PD will be Page 4 of 23 provided booth space in the Festival for their recruitment effort. The Commission will provide a scholarship(s) in fields beneficial to the City workforce beginning in Fall of 2014 7.2. Reimbusement for Damages to City property as a result of the Event. A. Damages to City property will be billed at the City's cost of repair. This includes but is not limited to, damages caused by negligent acts or omissions of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. This includes but is not limited to, damages to the utility infrastructure such as water and/ or irrigation lines or related equipment caused by acts of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. B. If the sod at the Premises is damaged, Commis ' sion agrees to either replace the sod with similar product, or to reimburse the City's costs for sod replacement, C. Parks Director will provide the Commission's Agent a punchlist of damage to City property defined in the Premises within seven (7) days after the Commission has vacated all City property after the end of the Buc Days Festival. Commission will restore all items on the {punchlist within ten (10) days after receipt of the punchlist. If the Commission fails to restore all items on the punchlist, Parks Director may do so and invoice the Commission for direct costs. Commission shall be responsible to replace any turf damage due to the use for these Events. Commission or its agent must fill and compact all holes in grassy areas made during the Event. Parks Director must approve fill material. D. City will provide an itemized bill for reimbursement of the damages, if any, within 30 days after the Event closes. Commission will pay City's invoice for damages, within thirty days after City tenders the invoice to Commission, less any amount(s) the Commission has disputed. .7.3 Late Fee. Commission's. failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City, 8. Annual Planning Meetings. Two months prior to this year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Promises be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Promises are impacted by the Projects and whether Exhibit A needs to be revised by the Parks Director and Commission. If revised, new Exhibit A will need to be filed with the City Secretary's office, Commission's Agent may request additional meetings. 9. Deposit. The Commission must pay a deposit of $2.000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City Page 5 of 23 property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the Commission within 30 days after the Event. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to Commission: Event Manager The Buccaneer Commission, Inc. P.O, Box 30404 Corpus Christi, TX 78463-0404 (361) 884-8331 or 882-3242 FAX (361) 882-5735 11, Temporary Street'Closures (Exhibit C to be attached upon completion of street closure process). The street closure process will,govern any necessary street closures. Commission must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49-15 to 49-18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Promises maps. 13. Barricades, Traffic Signs. The Commission must comply with traffic control plan approved by City Traffic Engineer. Street access to Promises may not be blocked or partially blocked without detour signage and alternate street access 14. Signage and Advertising. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre-approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of'the Event and its related activities. 16. Insurance. Commission's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Page 6 of 23 Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurances policies, which must be filed at least 2 weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission's Events on Promises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non- exclusive use period each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 77. Indemnity. Commission shall indemnify and hold City, its officers, agents and employees ( "Indemnifees ") harmless of, from, and against all claims, demands, actions, damages, lasses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the dart of the Indemnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ( "Indemnitors ") entering upon City property to set -up and take -down, hold, attend, or participate in the Buccaneer ,Gays Festival and associated activities, with the expressed or implied invitation or permission of Commission, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. Page 7 of 23 These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where lndemnifees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. The Commission, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame included in the written notice of safety hazards. 19. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 20. Permits. A. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City- County Health Department for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City health permit /vendor and related fees. For example, the temporary food service establishment permit fees established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other permits Commission must obtain are Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from Building inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. B. Fireworks. The Commission is not hosting fireworks for the 2013 Event. C. Music licenses. Commission is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music at the Event. 21. Parade Vendors A. Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (i) For the Buccaneer Days Lighted Parade ( "Lighted Parade"), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade"), beginning at a time to be designated by the City Manager, but not later than 6 :00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events. Parade vendor permits shall be issued for the period specified in this section only and the fee therefore shall be one hundred dollars ($100.00) for each vendor and/or vending unit, which fee shall be in lieu of the permit fee established for vendors by the Buc Days Commission. Parade vendor permit fee for Commission Parade Events is $100.00. C. Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Chapter 38 of the City Code of !Ordinances, copy, attached as Exhibit E, as may be amended by the City Council. D. Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. E. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by City Police Department. F. Commission shall ensure that all food and beverage vendors comply with all requirements of the Corpus Christi- Nueces County Public Health Department and all other local, State or Federal laws, rules, and regulations regarding the safe and storage of food. G. Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Commission desires to place stationary vending booths along the parade route on real property owned by the City of Corpus Christi during Parade Events. The Commission may place a vending booth at a specific location that has been reviewed and approved in writing by the City Manager or designee, the Chief of Police or designee, the Fire Chief or designee, the Director of Engineering Services or designee, Page 9 of 23 the Traffic Engineer or designee, the Parks Director or designee, and the Director of Solid Waste or designee. I Stationary vending booths at City - approved locations may be placed no earlier than 48 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. J. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. K. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. L. Commission shall obtain all necessary permits prior to the placement of vending booths at City- approved locations. M. No alcoholic beverages may be sold by a parade vendor. N. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. 21.1 Parade Viewing Area Permits For City Property Along Parade Route For Rental to General Public A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: (i) Along the Buccaneer Days Lighted Parade route between Coopers Alley and Parke Avenue on Shoreline, from the start of the parade until the end of the parade. B. Commission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. C. Commission shall require the nonprofit groups to clean the parade viewing area. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission.. D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 22. Clean Up. Commission must require all food designated zone adjacent to their respective boothE Commission may designate the zone, but it will not b( immediate area around each food and beverage bootl immediately after closing the Event each .day. All ti deposited in a trash bag provided by the Commission by the Commission. Commission may hire and wort after the Event. If the Parks Director determines the Parks Director will give Commission's Agent 2 hour; it is still unsatisfactory, Parks Director may authorize u Page 10 of 23 an , d beverage vendors to clean a at regularly scheduled intervals. less than 10 feet by 20 feet in the The clean up will be hourly and ash cleaned up must be properly and taken to a location designated its own clean up crew during and additional clean up is necessary, notice to increase services; and if -6 of City workers. Commission must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non-exclusive use period after* the close of the Event. However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with Section 7 above and Parks Director approves the construction in writing. 24. Temporary Buildings. Commission must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Promises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. 26. Electrical & Water Services. City does not provide electrical service on the Premises, A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. 26. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians, Chalk markings may be used to pre-mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and the Commissio arise between them concerning this Lease Agreeme of damage to City property occurring as a result of amount, will be submitted for determination and resoh, a right to appeal to the City Manager. The decisi6 unless that decision is appealed to the City Council the City Secretary within ten (10) days after the writ ' t( been sent to the Commission. In the Event of app( will be final. Upon a resolution of the dispute, either I: result of an appeal, the disputed amount will be cw, within ten (10) calendar days of the resolution. This] the Commission's rights to seek other legal remedies Page 11 of 23 a that any disputes which may ,1h as determining the amount ,ent, or regarding an invoiced rst to the Parks Director, with ie City Manager will be final, ing written notice of appeal to ision of the City Manager has i decision of the City Council !ement of the parties or as the I due and payable to the City Agreement in no way waives i the appeals process, 28. Emergency Vehicle Lanes. Commission must at all times maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. 29. Assignment. Commission may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Promises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part of Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set-off against any debt or liability of Commission to City otherwise accrued by breach hereof. 31. Right of Commission to Use Public Streets. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Lease Agreement. 32. Not Partnership or Joint Venture. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. The Commission recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continu, of any fiscal year of the City, which fiscal year ends on appropriations and budget approval, The City does n required by the City for the provision of services require adopted by future City Councils, said determination be City Council at the time of adoption of each fiscal year I Page 12 of 23 n of any contract after the close y 31 of each year, is subject to epresent that the expenditures � this Lease Agreement will be within the sole discretion of the 34. Compliance with Laws. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 36. Non-discrimination. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 36. Fence. Commission may provide a temporary six-foot (6) chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the Commission's needs upon Parks Director's concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary and supersede the existing Exhibit. The new Exhibit A becomes effective upon filing with the City Secretary. 37. Admission Fee. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 38. Security. Commission must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Commission will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Commission. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the City costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 39. Entirety Clause. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and Page 13 of 23 its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Promises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on _UWAAXA 15 2013. ATTEST: Armando Chapa City Secretary ector 111ate: CITY OF CORPUS CHRISTI Ronald L. Olson City Manager 0 0 =R"Ift la �1 � sr 71 yy - I ri Pat,", Peoples St. T-Head Lawrence St, 7-.Head CD R) R Forma" AvO- CID 7 z 0 Taylor St, 1< (ID CD (D Starr St. CIL = . CID IM CL E* - =r C. CD M F:� ci Peoples St. c C7. u=, (cap St. Pat,", Peoples St. T-Head Lawrence St, 7-.Head CD R) R Forma" AvO- CID C- �5: R r'=-r ff eL Ej 0 CID 1< (ID a — CID 0 CA (A CIL = . CID IM CL E* - =r C. CD M F:� ci c- c C7. u=, (cap CID -(:D, to CL to 0 0 0 w OG tia • tip + —i CID C, =r C— RL *� N S, CL Et 0 -0 !j. CD a = R CID CID 0 CID 0 Et - CID CID CI) Ci ue, "o, , ty It .JG WJvd H lb,% r 1, 1647�,, .IL @ ff--"--q RIM Page 17 of 23 2013 Lease Agreement Event Locations, Dates & Summary Buc Days Festival Scheduled for April 26, 2013 through May 6, 2013 Along Shoreline from parking lot south of former Memorial Coliseum site to park bounded by Kinney Street at Shoreline, excluding Sherill Park. Exclusive use on: April 22, 2013 through May 8, 2013 Mutton Bustin' Mania Scheduled for: April 13, 2013 To be located on parking lot north of former Memorial Coliseum site Exclusive Use on: April 12, 2013 — April 13, 2012 Buc Days Pro Rodeo American Bank Center Arena April 18-April 21, 2013 (Commission shall contract directly with third party arena management company for use of American Bank Center Area.) EXHIBIT C - STREET CLOSURE _ SITE PLAN - SUBJECT: TEMPORARY STREET CLOSURES Traffic Engineering Div. own BUC JAYS BBQ CHALLENGE & RODEO TRUCK TRAILER PARKING Engineering Services Dept. -IR 1) 101 G� Page 19 of 23 BUC DAYS 2013 EXHIBIT D — NOT TO EXCEED FEES FOR THE FOLLOWING CITY DEPARTMENT SERVICES DESCRIBED IN SECTION 7.11A"" Park & Recreation (credit account 343697-1020-12910): Police (Carnival overtime at 50% of cost) Solid Waste Streets signs and services Storm Water TOTAL: 9 $3,500.00 $800.00 t1 M1 $33000.00 EXHIBIT E PARADE VENDOR REQUIREMENTS Sec. 38-6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental, (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card-required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for Page 21 of 23 bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000,00) per person and three hundred thousand dollars ($300,000,00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38-17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 18788, § 1, 4-9-1985) Sec. 38-7. Health permits required for food and beverage businesses, No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 18788, § 1, 4-9-1985) Sec, 38-17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety, In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety, Page 22 of 23 b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under Subsection (a) of this section. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 18788, § 1, 4-9-1985; Ord. No. 21600, § 1, 3-16-1993; Ord. No. 025666, § 1, 3- 2- 2004) Page 23 of 23 MR] Mr. Barry Box, Executive Director Buccaneer Commission, Inc. P. 0. Box 30404 Corpus Christi, Texas 78401-0401 1=891M In accordance with the Buc Days Short Term 2013 Lease Agreement authorized by the City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive authority to administer and issue parade vendor permits for the Commission's 2013 parade events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor permit fees for the Commission's parade events. Sincerely, Ronald L. Olson City Manager DATE: March 21, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 26, 2013 Action Item for the City Council Meeting of April 9, 2013 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 Execute Contract for Professional Services Community Park Development and Improvements — Parker Park Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas in the amount of $63,940.00, for Community Park Development and Improvements — Parker Park for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with CLK Architects & Associates, Inc. for Community Park Development and Improvements — Parker Park. BACKGROUND AND FINDINGS: The scope of this project includes Replacement of play equipment and play area, clearing of existing vegetation and replacement with topsoil and seeded with drought tolerant low water consumption Bermuda Grass, repair walking trail, upgrade irrigation, design new shade structure next to play area, benches, picnic tables, lighting and repair accessible route to play area from parking areas in compliance with the Parks and Recreation Open Space Master Plan. CLK Associates, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with CLK Architects & Associates, Inc. as proposed. 2. Do not execute the Contract for Professional Services with CLK Architects & Associates, Inc. as proposed. MINOR z•�a� m�e���.y�:a� i��xxi rE: i• �. b�xK:�f:�xe_u�.�_en��K�_F:�xrua z zy� OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. CLK Architects & Associates, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Ooeratino ❑ Revenue X Caoital ❑ Not aoolicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,250,000.00 $3,750,000.00 $5,000,000.00 Encumbered /Expended Amount This item $63,940.00 $63,940.00 Future Anticipated Expenditures This Project $536,060.00 $0.00 $536,060.00 BALANCE $650,000.00 $3,750,000.00 $4,400,000.00 Fund(s): Parks and Recreation Bond Issue 2012 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $63,940.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services CLK Architects & Associates, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract C:\ USERS \HO LLYT \APPDATA \ROAMING \L5\ TEMP \E690780D -7EC6- 4898 - AODA- A4FF13A8931 D. DOCX PROJECT BUDGET ESTIMATE Community Park Development - Parker Park (Project No. E12115) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation Bond 2012 FUNDS REQUIRED: Construction (preliminary estimate)* ......................................... ............................... Contingency( 10%) ................................................................ ............................... Design Fees: Engineer (CLK Associates ) .................................................. ............................... Geotechnical Study and Testing ( TBD) ...................................... ............................... Reimbursements $5,000,000.00 450,000.00 45,000.00 63,940.00 3,375.00 Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 4,500.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... $ 24,750.00 Finance............................................................................... ............................... $ 4,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 3,935.00 TOTAL................................................................................ ............................... $600,000.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $4,400,000.00 *Balance will be used for other projects in this Bond Proposition category : \councllexhlbltS \exht 1 Z 1 1 bc.dwq RIVER N'UECES B.AJ q w z z Q q w � o Y � � � z o Q J HWY 44 AGNES q C ° P CCIR � o ° o BEAR PROJECT #E12115 �y 5� N CO2 -P`US 0-WS 1T B92-4 j F.M. 4 ___ ���7 / \ �Q� Sq�W �SOWWY N�S Al FM 2444 PROJECT SITE Parker Park LOCATION MAP NOT TO SCALE .LA(juNA 'MAI)RE Community Park Development CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS and Improvements DEPARTMENT OF ENGINEERING SERVICES (Parker Park) 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 CLK Architects &Associates, Inc., a Texas corporation, 615 N. Upper Broadway, Suite 1250, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A /E), hereby agree as follows: 1. SCOPE OF PROJECT Community Park Development and Improvements — Parker Park Project # E12116 Voters in Bond Issue 2012 approved $5,000,000 to focus on irrigation upgrades, dog parks, skate parks, splash pads, shade structures, landscaping, trails, parking improvements and other items. For Parker Park the amount of monies allocated for improvements has been set at $600,000.00 the proposed improvements for this park include the following: Replacement of play equipment and play area, clearing of existing vegetation and replacement with topsoil and seeded with drought tolerant low water consumption Bermuda Grass, repair walking trail, update irrigation, design new shade structure next to play area, benches, picnic tables, lighting and repair accessible route to play area from parking areas. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE 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 AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE 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 fisted in this publication as Additional Services will be considered as Basic Services. Contract for Engineering (A1E) Services Page 1 of 4 KWnginaering DalaExchange%ClarissaJlParks11 =12 11 5 - Community Park Development & ImprovemenlsSContract - CLK Archileclsll CONTRACT PROFESSIONAL SERVICES - PARKER PARK.docx n 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. 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 $63,940,00 (Sixty Three Thousand Nine Hundred Forty 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.) Conlracl for Engineering (AIE) Services Page 2 of 4 KAEogineering DalaExchangeSClarissaAParks1E12116 - Community Park Development & ImprovemenlslContract - CLK Arohileclsll CONTRACT PROFESSIONAL SERVICES - PARKER PARK.dacx 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 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 AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI CLK Architects & Oscar R. Martinez, Date A. JavVi rtat ` Assistant City Manager Vice Presi nt 615 N. Upper Broadway Suite 1250 (361) 884.3295 Office (361) 884.3298 Fax RECOMMENDED Daniel Biles, P. E., Date Director of Engineering Services 3/�I3 Michael Morris Date Director of Parks and Recreation Contract for Engineering (AIE) Services Page 3 of 4 KAEngineering DataExchango %ClarissaJXParWE12115 - Community Park Development & ImprovementshContract - CLK Archilects%i CONTRACT PROFESSIONAL SERVICES - PARKER PARK.docx APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Community Parks Development and Improvements -- Parker Park (Proiect No. E12115) Department Fund Source No. Amount Parks and Recreation Bond 2012 550950- 3293 - 00000- E12115 $63,940.00 Total $63,940.00 Encumbrance No. ENTERED MAR 0 8 2013 CONTRACT MANAOER�S%JX� "V Contract for Engineering (AIE) Services Page 4 of 4 KAEngineering DataExchanga lCiarissaAParks1E12115 - Community Park Development & ImprovemantslConlracl - CLK Archilecls\l CONTRACT PROFESSIONAL SERVICES - PARKER PARK.docx EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Proposition 4 — Parks & Recreation improvements - Parker Park Project # El 2115 I, SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Arch itect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area, e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f} Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements, i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: EXHIBIT "A" Page t of 9 Revised November 13, 2012 G�Wunicipal ProjeclsUly of Corpus ChnstiY2o M - HEB_AL Kruse_Parker_Park1Wniten 1`08ST EXHIBIT A LARGE AE REVSED Nw13 2012 -Parker Park ,doe 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section,geot ethnical testing report, right -of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, LISPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report, q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report, r) Assimilate all review comments of the Draft Engineering letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. 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) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and vB& for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2, Design _Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 GAMunicipal Projectskoay of Corpus Chnsli420 M - N£8_AL_Kruse_P8rker_P8rk\Wd1Ien Files@ EXHIBIT A LARGE AE REVEED N0913 2012 -Parker Park,doc b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans incompliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11"x 17 ", 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electr onic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes.with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the Qty of Corpus Christi and the Consultant. 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. k) 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. Additional revisions or design submittals are required fand within the scope of Consultant's . duties under this contract) if, in the opinion of the City Irnaineer or designee, Consultant has not adeguately addressed City-provided review comments or provided submittals in accordance with City standards. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 G:SMuniclpal ProjectslCity of Corpus Chnsti1201310 - HEB_AL Kruse_Parker parMWrilten Flles52 EXHIBIT A LARGE AE REVISED Nw13 2012 . parker Park.doc 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services), 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. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Powerpoint presentation in City format for City Council Meeting. 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 Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. EXHIBIT "At' Page 4 of 9 Revised November 13, 2012 GAMunicipal ProjeclskQty of Corpus Chrisli%201310 - HEB_AL Kruse_Parker_PsldWritlen Files)2 EXHIBIT A LARGE AE RFVGEO Nw13 2012 - Parker Park.doc 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; 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) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red- line" drawings. Prepare Project record drawings and provide. a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications /estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services, l=ees 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 AIE shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) EXHIBIT "A" page 5of9 Revised November 13, 2012 awecipal ProjeclsSCily m Corpus ChristA201310 - HEB _AL_Kruse_Perker_Park%Wrilten Files52 EXHIBIT A LARGE AE REVISED Nw13 2012 - Parker Park doc k. United States Environmental Protection Agency (USEPA) 1. Texas Department of Licensing and Regulation (TDLR } M. Texas General Land Office (TGLO) n. Other agency project- specific permits 2. Right-of-Way ROW Ac uisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network, All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. AIE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the AIE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions 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' ❑ Mar Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data wi11 remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third- parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 GWunlcipal ProjeclsQly of Corpus GhrisliQ01310 - H EB_AL_Kruse_Parker_ParklWrillen Files\2 EXHIBIT A LARGE AE REVISED NoV13 2012 - Parker Park.doc parent tract areas based on the most accurate information available: Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. AIE shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location -- The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater —Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction - related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 GAMunicipal Projecls4Cily of Corpus Chrisw(11310 - HEB_AL Kruse_Parker_ParklWrillen ReW EXHIBIT A LARGE AE REVGED Hov13 2012 - Parker Park.doc vi) Gas - Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start-up Services. Provide on -site services and verification for all start -up procedures during actual start -up of major Project components, systems, and related appurtenances if needed and required. 9. 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. Provide the services above authorized in addition to those items shown on Exhibit "A -1° Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "A ". SCHEDULE Date Activity March 26'h, 2013 NTP April 11'4, 2013 Draft ELR submittal April 251 ", 2013 City Review Ma 2o, 2013 Final ELR submittal Ma 30'h, 2013 60% Design Submittal June 131h, 2013 City Review July 11", 2013 90% Design Submittal July 251h, 2013 City Review August 22 "d, 2013 100% Final Submittal Sep 1 S', 2013 Advertise for Bids Sep 10", 2013 Pre -Bid Conference Sep 19'h, 2013 Receive Bids Oct 3rd, 2013 Contract Award Oct 7", 2013 Begin Constructiori March 28'h, 2013 Complete Construction Ill. 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 EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 GAMuniapal Pro,,ecls\01y of Corpus Ch6stA201310 - HEB_AL Kruse_Parker_ParklWnllen Filesl2 EXHIBIT A LARGE AE REVISED Nov13 2012 - Parker Park.doc 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. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, AIE will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon AIE's estimate (and with City's 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 AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the AIE a not -to- exceed fee as per the table below: Summary of Fees Basic .Services Fees 1. Preliminary Phase $13,500.00 2. Design Phase $29,700.00 3. Bid Phase $2,700.00 4. Construction Administration Phase $8,100.00 Subtotal Basic Services Fees $54,000.00 Additional Services Fees (Allowance) 1. Permit Preparation (TDLR fees only) $700.00 2. ROW Acquisition Survey 3. Topographic Survey and Parcel Descriptions $3,500.00 4. Environmental Issues 5. Public Involvement 6.S ubsurface Utility Investigation 7. Construction Observation Services To Be Determined 8. Start -up Services 9. Warranty Phase $3,600.00 Sub -Total Additional Services fees Authorized $9,940.00 Total Authorized Fee $63,940.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 G:1Municipal ProjeclsLCity of Carpus Chrisli\2a1310 - HEB_AL_Kruse_Parker_ParklWrilten Filesti2 EXHIBIT A LARGE AE REVISED NM3 2012 - Parker Park doe EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Proposition 4 -- Parks & Recreation Improvements - Parker Park Project # E12115 Basic Services: 1) Project limits include Waldron Rd. on the East; Graham Rd. on the South and drainage ditch on the north of the property. 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the design memorandum and construction drawings. 3) Contact Texas One -Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in, project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report (ELR) including all pertinent information as described in Exhibit "A ". 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final Engineering Letter Report (ELR), and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Perform the design of all improvements on the project, including the repairs to the existing trail, drainage and grading improvements, and other amenities such as shade structures, benches in compliance with Parks, Recreation and Open Space master plans as discussed with City Staff. EXHIBIT "A -1" Page 1 of 5 Revised April 2010 GMuniapal ProjedslCity of Corpus ChdadV01310 - HEB AL_Kruse_Parker_ParMW611an 8103 EXHIBIT A -i TASK LIST LARGE AE REVISED April 2010 -Parker Parkdxx 10) Develop construction drawings in English units in 22" x 34" sheets, to include the following (as required for this project); • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Civil Grading Plan • Civil Utility Plan • Utility Details • Sanitary Sewer Plan • Sanitary Details • Planting Plans • Planting Details • Irrigation Plans • Irrigation Details • Architectural Site Plan • Architectural Floor Plans • Architectural Elevations • Architectural Sections • Architectural Details • Architectural Sections • Structural Notes • Structural Foundations • Structural Sections • Structural Details • MEP Site Plan • Electrical Plan • Electrical Details • Electrical Schedules • Plumbing Plan • Plumbing Details • Plumbing Schedules EXHIBIT "A -1" Page 2 of 5 Revised A rii 2010 G.Wunidpal Projads%Cily of Corpus Chrisliti201310 - HEB_AL Kruse_Parker_ParMWrillen Filesl3 EXHIBIT A -1 TASK LIST LARGE AE REVISED Apra 2010 • Parksa Parkdocx 11) Prepare opinion of probable construction. costs including contingency amounts. 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include; • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors —B • Part A— Special Provisions • Part B— General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 13) Provide Quality Control /Quality Assurance (QCIQA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 14) Address comments received from the City for the pre -final submittal. 15) Provide Quality Control /Quality Assurance (QC/QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 16) Update the opinion of probable construction costs. 17) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 18) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT Page 3 of 5 Revised April 2010 GAMunidpai ProjedsUly of Corpus ChdsGV261310 - HE8_AL_Kruse_Parker Park\Written 1`1"s 3 EXHIBIT A -1 TASK LIST LARGE AE REVISED Apri 2610- Parker Parkdoex 20) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5'h of each month. 21) AIE will coordinate with City and AEP for lighting conduit locations and pole relocations as required. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. RIGHT -OF -WAY ACQUISITION SURVEY 1) None anticipated TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey, 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Locate and tie -in known utilities and structures. 7) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES 1) City to provide AIE team any and all assessment of the property if environmental issues have been identified. AIE has not included on their fee any phase I or II assessments for this site. CONSTRUCTION OBSERVATION SERVICES (as approved as additional services) 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT "A -1" Page 4 of 5 Revised April 2010 GAMuniapal ProjedsUly of Corpus ChrisU\201310 - HE8_AL Kruse_Parker_ParKiWrillen files53 EXHIBIT A -1 TASK LIST LARGE AE REVfSED ApN 2010- Parker Park.doex 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with FN office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting; 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct 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, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXCLUSIONS The following tasks are not included on our scope of work. AIE team will notify city if items are discovered during the preliminary phase that might need to be addressed. 1) Sanitary sewer design outside our scope of work area 2) Offsite storm water, wastewater and waterline improvements 3) Improvements to parking lots EXHIBIT "A -9" Page 5 of 5 Revised A ril2010 GAMunicipal ProjeasSCily of Corpus Chriisfil201310 - HEB_AL Kruse_Parker_Pa MVJrillen FilesY3 EXHIBIT A-1 TASK LIST LARGE AE REVISFD April 2010- Padwr Park.doex EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A!E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30 -Day Written Notice of Cancellation, non - renewal or material change required on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors MINIMUM INSURANCE COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE L1 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 r $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retry 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 KAEngineering Data Exchange0arissaJ1Parks1E12115 - Community Park Development & ImprovementstContract - CLK Archilecis%4 EXHIBIT B 1NO MNIFILATION - OCT 2010.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 policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City 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" Pa e2 of 3 K %Engineering DalaExchange %ClarissaJkParks5E12115 - Community Park Development & Improvements %Contract - CLK Arrhitects14 EXHIBIT B INDEMNIFICATION - OCT 2010.docx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1. 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" Pa e3of3 KAEngineering ❑ ataExchangelClarissaJXParks�E12115 - Community Park Development & Improvements\Cortract - CLK Archilecls%4 EXHIBIT B INDEMNIFICATION- OCT 20%doex N Q U) i 0. IT �� Z U) VN G) O 0 O aZz u �u�yo a c IL O V m G1 O d a 0 V o a c 0 0 0 a- 0 V3 O C F- 0 V N O Z V L, T O Z v c 0 v 9 00 � e t0 Q O O C7 O O Oe N ** 00 v O 0 O 0 p O ` -.1 z p M N Ecu 0 0 0 0 0 O C�pQ Oo L3 0 o° 0 LO H �H-L U u°)0 0 y i� 0 N U. lL v� V Z a t m 'D 0 v 00 0000 C c p 00 0 0 0 0 0 a'i LL. 0 C to Ift N N H 2 0 V) 2 0 tO T- 0 T EA Qo.� C+ 69 - 69 O0 ©ono a0cnc�n OOOppO°o calm o 000 O r- m m� A W N T �-- 69 0 C O N 0 N N In C7 0 ;e h I N 0 6a m m er hQ_ tQ N h 0� 60 40 60) r H H I••' Cd 4% 14 r 6� o Q 6 N 0 N m m m N co F. I_ i- 'r` r, T v 7— T 69 Q O C CqQ N a❑ ❑❑ lfl 66q N C N N T Vk 8t°rr ° ° ❑ ❑ ❑ o ' Q 0 0 o Fm-HN° Q aC)0 000 6F} CV tV 6�4 % 2 6c9 663 E EXHIBIT "C" Pa a 'I of T N to i. v d IL v �. au o cya m N ,� 0 CL co � 5 � � Ecu 0 m CL aco0(B EXHIBIT "C" Pa a 'I of T N N L3 U Q�1 y i� 0 N U. lL v� V Z a t m 'D 0 v C c yy* p N m Q �+ a'i LL. E ° Q.S 2 ¢ a »� Qo.� a0cnc�n calm o EXHIBIT "C" Pa a 'I of T SUPPLIER NUMBER TO BE ASSIGNED B'Y CITY- — PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST C.h:risti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. It'the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: CLK Architects & Associates, Inc. P. O. BOX: STREET ADDRESS: 615 N. Upper Broadway, Ste 1250 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation X 2. Padnership 8 3. Sole Owner E] F-1 4. Association 5, Other DISCLOSURE QUESTIONS If additional space is necessar, please use the reverse side of this age or attach separate sheet. 1. State the names of each ` y+ employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "f=arm." Name Job Title and City Department (if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "farm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "farm." Name Consultant NIA EXHIBIT "D" Page I of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Atilano S. Huerta Title: Vice President (Type or Print) I I f „ Signature of Certifying Date: Person: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies; or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2 s FAPF� 'I a DATE: March 20, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Flogs cctexas.co 361- 886 -2603 STAFF PRESENTER(S): Name 1. Floyd Simpson 2. Todd Green 3. Mark Schauer OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: AGENDA MEMORANDUM for the City Council Meeting of March 26, 2013 UPDATE TO CITY COUNCIL Animal Control Division Title /Position Chief of Police Commander Assistant Chief Title /Position City Council requested an update on the Animal Control Division. LIST OF SUPPORTING DOCUMENTS: Power Point Department Police Police Police Organization DATE: March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep @cctexas.com (361) 826 -3227 BRIEFING ON FISCAL YEAR 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) STAFF PRESENTER(S): Name 1. Constance P. Sanchez 2. 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: Title /Position Director Title /Position Department Financial Services Oraanization Local Government Code, Title 4 "Finance ", Subtitle A "Municipal Finances ", Chapter 103 "Audit of Municipal Finances ", Section 103.003 "Filing; Public Record" requires a municipality's annual financial statement, including the auditor's opinion on the statement, to be filed in the office of the municipal secretary or clerk within 180 days after the last day of municipality's fiscal year. Since the City of Corpus Christi's fiscal year end is July 31St, 180 days or 6 months after the fiscal year end is January 31St. The Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ended July 31, 2012 was submitted to the City Secretary's office and was posted on -line on the City's website on January 31St. This presentation will feature highlights from the FY 2012 CAFR. LIST OF SUPPORTING DOCUMENTS: Powerpoint AS u� 07 • ! • o # # o f •> ! , # -0 !' 0 co ! s ! •D a Ln # # ! r; • # ! # s # l 0 f 4-J Ln #' f !' # • #' #' r s 0 Ln 4-J 0 # # # —J E ru # 0 #` # # • 07 ® Ln h a B a h un tA 4-j B s B v v o 0 tA o x boo LJJ °� v ro ra ro l ! 0 • �m s Lo 4i 1 Q.. M •� Q • • • s �m v r K L pv�' 4 ! �m s, • �m 23