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Agenda Packet City Council - 06/11/2013
Tuesday, June 11, 2013 Corpus Christi Meeting Agenda - Final City Council 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. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Dr. Bob Eckert. 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- 000531 Proclamation declaring June 9 -19, 2013 as the "148th Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days" Proclamation declaring June 23, 2013 as "Homicide Survivors Support Group 8th Annual Teddy Bear Sunday" 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 6/7/2013 City Council Meeting Agenda - Final June 11, 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. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (ITEM 2) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 2. 13- 000547 Executive session pursuant to Section 551.087 of the Texas Government Code to discuss confidential commercial or financial information received from a business prospect that the City seeks to have locate, stay, or expand within the City limits and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect with possible discussion and action in open session. I. MINUTES: 3. 13- 000543 Approval of Meeting Minutes - May 28, 2013. Attachments: Minutes - May 28, 2013 J. BOARDS & COMMITTEE APPOINTMENTS: 4. 13- 000530 Ethics Commission Human Relations Commission Retired and Senior Volunteer Program Advisory Committee Sister City Committee Water Resources Advisory Committee Attachments: Board Packet Corpus Christi Page 2 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 K. L. 5. 6. 7. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting, such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA: (ITEMS 5 - 29) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 13- 000486 Amending Financial Policy Resolution amending Financial Policies adopted by Resolution 029826 and providing financial policy direction on preparation of the annual budgets. Attachments: Agend Memo - for Revision to Financial Policy 5- 28- 13.pdf 13- 000455 Lease agreement for the lease of Copiers Motion approving a Lease Agreement with Dahill Office Technology Corporation, San Antonio, Texas for eighty -four (84) copiers in accordance with Request For Proposal No. BI- 0121 -13 based on lowest responsible proposal for an estimated three -year expenditure of $737,306.64. The term of the lease agreement shall be for thirty -six (36) months with an option to extend for up to two (2) additional twelve -month periods subject to the approval of the Contractor and the City Manager or designee. Funding will be requested for future fiscal years in the normal budget process. Attachments: Agenda Memo - Lease of Copiers, 129WHOW 13- 000458 Service Agreement for Drug & Alcohol Testing and Occupational Medical Services Motion approving a service agreement with Nueces Emergency Services d.b.a. The Doctor's Center of Corpus Christi, Texas for drug Corpus Christi Page 3 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 and alcohol testing and occupational medical services, based on only proposal received, in accordance with Request for Proposal Number BI- 0048 -13, for an estimated annual expenditure of $121,484.10, of which $20,247.35 is budgeted for the remainder of FY 12/13. The term of the service agreement will be for one -year with four automatic one -year extension periods. Attachments: Agenda Memo - Drug & Alcohol Testing and Occupational Medical Service: •I A . .is # •� 11�� C.� • R • :. i�Fiili�1[ �i7T1� [!??!.:?:���4T1[;�+'1[�1[.'�ai 8. 13- 000445 Interlocal Agreement with Calallen Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo - Calallen ISD Interlocal for Summer Transportation.2013 t• " -- - - a a • • • El I 9. 13- 000446 Interlocal Agreement with Corpus Christi Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo - CCISD Interlocal for Summer Transportation.2013 a''- r♦ 10. 13- 000447 Interlocal Agreement with Flour Bluff Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. Attachments: Agenda Memo - Flour Sluff Interlocal for Summer Transportation.2013 11. 13- 000449 Interlocal agreement for the 2013 Summer Food Program Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. Corpus Christi Page 4 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 Attachments: Agenda Memo - CCISD Interlocal Summer Food Program 2013 Resolution oo - • +• - s�• t 1 12. 13- 000459 Approving the use of Permanent Art Trust funds to complete sculpture installation Motion to approve expenditure up to $20,000 of Permanent Art Trust Fund for expenses related to installation of Gron art sculpture at Corpus Christi Police Department. Attachments: Agenda Memo - Permanent Art Trust fund Contract - Gourley 13. 13- 000417 Engineering design contract for improvements for International Boulevard from State Highway 44 through the Corpus Christi International Airport (Bond Issue 2012) (Proposition No. 8 Economic Development Projects) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $147,850, for International Boulevard from State Highway 44 through the Corpus Christi International Airport, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) Attachments: Agenda Memo - International Boulevard Project Budget - International Boulevard Contract- International Boulevard. pdf l... • • : • r • 1.. 14. 13- 000453 Engineering design contract for Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering & Construction Management Services, LLC, of Corpus Christi, Texas in the amount of $83,500.00, for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013. Attachments: Agenda Memo - WVV Srvc Line Project Budget - Srvc Line.pdf Location Map - Srvo Line.pdf Corpus Christi Page 5 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 15. 13 -00053 Engineering design contract for new office building at landfill Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Kleinfelder Central, Inc., of Corpus Christi, Texas in the amount of $115,509.00 for design, bid and construction phase services. Attachments: Agenda Memo - J C Elliott Landfill New Office Building Location Map Elliott Office Contract - JC Elliot Landfill New Office Building.odf .. • Elliott • 16. 13- 000463 Engineering design contract amendment no. 3 for Bear Lane from Old Brownsville Road to South Padre Island Drive (Bond Issue 2008) Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $73,470.00 for a restated fee of $1,170,020.00 for the Bear Lane Street Improvement Project from Old Brownsville Road to South Padre Island Drive for design of required waterline replacement. (Bond 2008) Attachments: Agenda Memo - Bear Lane Project Budget - Bear Lane from Old Brownsville Lane to SPID.pdf Location Map - Bear Lane.pdf Contract- Bear Lane. pdf Presentation - Bear Lane revised 17. 13- 000487 Authorizing the appointment of financial advisor for the issuance of General Improvement Bonds to finance Bond 2012 Projects Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000. Attachments: Agenda Memo - Issuance of Bond 2012 GO Bonds 5- 28- 13.pdf ly.1111arimm; ".Am. . • • -• ••. 18. 13- 000454 Approving the FY 2013 -2014 budget for the Corpus Christi Crime Control and Prevention District Resolution approving the FY 2013 -2014 budget for the Corpus Christi Crime Control and Prevention District. Corpus Christi Page 6 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 19. 13- 000435 Second Reading Ordinance - Rezoning from Residential for Palm Land Investments, Inc. on property located at 7564 Brooke Rd. (1st Reading 5/28/13) Case No. 0413 -01 Palm Land Investment, Inc.: A change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property to be rezoned is described as being a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Palm Land Investment, Inc. ( "Owner"), by changing the UDC Zoning Map in reference to a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Palm Land Investment, Inc x 9911m, W-FrorounfiNST01111101111111MIll 20. 13- 000439 Second Reading Ordinance - Rezoning from Industrial to Commercial for The Palms at Leopard, Ltd. on property located at 2725 Leopard Street (1st Reading 5/28/13) Case No. 0413 -04 The Palms at Leopard, Ltd.: A change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Corpus Christi Page 7 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 Use Plan from light industrial to commercial uses. The property to be rezoned is described as being a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the east side of Palm Drive between Leopard Street and Lipan Street. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by The Palms at Leopard, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. 21. 13- 000488 Second Reading Ordinance - Authorizing the issuance of General Improvement Bonds to finance Bond 2012 Projects (1st Reading 5/28/13) Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. Attachments: Agenda Memo - Issuance of Bond 2012 GO Bonds 5- 28- 13.pdf 22. 13- 000401 Second Reading Ordinance - Texas General Land Office (GLO)- Coastal Impact Assistance Program (CIAP) grant award for construction of the Oso Bay Learning Center and Wetland Preserve Corpus Christi Page 8 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 23. 24 25 (1st Reading 5/28/13) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $1.5 Million from the Texas General Land Office - Coastal Impact Assistance Program (CIAP) for the construction of the Oso Bay Coastal Environmental Learning Center. 13- 000448 Second Reading Ordinance - Appropriating a State grant for the 2013 Parks and Recreation Summer Food Program (1st Reading 5/28/13) Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen. Attachments: Agenda Memo - Ordinance Summer Food Program 2013 Ordinance - SummerFood Program 2013 Notice of Application Approval Summer Food 2013 13- 000457 Second Reading Ordinance -Amending the lease of International Westside Baseball to add additional baseball fields at Greenwood /Horne Youth Sports Complex (Tabled 3/19/13) (Tabled 4/23/13) (1st Reading 5/28/13) Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. Attachments: Agenda Memo - Westside Pony Baseball Fields ♦ • 13- 000407 Second Reading Ordinance - Construction contract for Billings Bait Stand and Clems Marina Parking Lot Construction (Re -Bid) (1st Reading 5/28/13) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 by adding $100,000 in appropriated street assessments; adding $132,863.80 in Street Tax Notes; transferring $284,597.80 from Water CIP Project No. 180198 Programmed Waterline Lifecycle Replacement Project to the Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two Project; increasing Corpus Christi Page 9 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 expenditures in the amount of $232,863.80; and authorizing the City Manager or designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only. Attachments: Agenda Memo - Billings and Clems Parking Lot Construction.pdf ..- Ordinance - Billings and Clems Parking Lot Construction. pdf Presentation - Billings and Clems Parking Lot - PPT 26. 13- 000410 Second Reading Ordinance - Approval of a Developer Participation Agreement to reimburse Developer for the City's cost of Sydney Street (1st Reading 5128113) Ordinance authorizing the City Manager to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the cost to expand and extend Sydney Street. Attachments: Agenda Memo - Greystone Subdivision Unit 4, 5 -1 -2013 27. 13- 000441 Second Reading Ordinance - Appropriating reimbursement funds from the Texas State Library Archives Commission (1st Reading 5128113) Ordinance appropriating $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. Attachments: Agenda Memo - appropriating reimbursement ($11,012.75) 2013.pdf 28. 13- 000442 Second Reading Ordinance - Appropriating royalties from oil, gas, and mineral interests of the Estate of William T. Neyland (1st Reading 5128113) Ordinance appropriating $2,741.44 from royalties from oil gas and mineral interests bequeathed to the City from the Estate of William T Neyland into the Library Grants fund No 1068, Project No. 807713L for library technology services. Attachments: Ordinance - Apprapriating Neyland Royalties 2013 ($2,741 A4).pdf Corpus Christi Page 10 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 29. 13- 000443 Second Reading Ordinance - Repealing Section 2 - 78 of the City code regarding the City's lay representative to the South Texas Library System (1st Reading 5/28/13) Ordinance repealing Sec 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code, providing an effective date; and providing for publication. Attachments: Ordinance - Repealing 2 -78 - 2013 STLS Lay Rep -Libra .pdf M. PUBLIC HEARINGS: (ITEMS 30 - 31) 30. 13- 000492 Public Hearing and First Reading Ordinance - Rezoning from Resort Commercial to Multifamily with a Planned Unit Development for Townhouses for Alex Harris, on property located at 14306 through 14334 Nemo Court. Case No. 0513 -01 Alex H. Harris: A change of zoning from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan on the property described as Lots 17 - 24, Block 45, Padre Island - Corpus Christi Island Fairway Estates, located along the east side of Nemo Court, approximately 525 feet west of South Padre Island Drive (PR 22). Plannina Commission and Staff Recommendation (Mav 22. 2013): Approval of the change of zoning from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, subject to 10 conditions. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., owner of Lots 17 -21, and by Alex H. Harris, owner of Lots 22 -24, Block 45, Padre Island - Corpus Christi - Island Fairway Estates, from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 11 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 Attachments: Agenda Memo - Alex Harris 06042013 I&MOVDAM • 31. 13- 000438 Public Hearing and First Reading Ordinance - Rezoning from Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. on property located at 3142 South Staples Street (Tabled on 5128113) Case No. 0413 -02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. The property is described as being a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. Plannina Commission and Staff Recommendation (April 24. 20131: Approval of the change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Kitty Hawk Development, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo -Kitty Hawk 05072013 <4 A • •• a I KBIWliffielm N. REGULAR AGENDA: (ITEMS 32 - 36) The following items are motions, resolutions and ordinances that will be considered and voted on individually. Corpus Christi Page 12 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 32. 13- 000403 Amending the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant Resolution authorizing the City Manager, or his designee, to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. Attachments: Agenda memo - agreement for consolidated dispatch 33. 13- 000404 Amending the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority (RTA) and Nueces County to include the City of Driscoll for the public safety radio system Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the City of Driscoll as a participant for a public safety radio system. Attachments: Agenda memo -agree me nt for public safety radio system revised +♦ - 1 11 t + .« « 34. 13- 000461 Resolution supporting the Harbor Bridge Replacement Project Resolution in support of the Texas Department of Transportation's project to replace the Harbor Bridge and the Corpus Christi Metropolitan Planning Organization's commitment to provide certain project funding. Attachments: Agenda Memo - Harbor Bridge Replacement 35. 13- 000464 Installation of LED Street Lights on Chaparral between William and Schatzell (Bond Issue 2008) Motion authorizing the City Manager or designee to execute a Contribution -In- Aid -of- Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED Street Lights on Chaparral Street between William and Schatzell .(Bond 2008) Corpus Christi Page 13 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 Attachments: Revised Agenda Memo - LED Street _ Li _h_ fin _g Location a• Chaparral 36. 13- 000452 Engineering design contract for the Oso Water Reclamation Plant nutrient removal and re -rate to 24 million gallons daily - Phase 2 (Final) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid, and construction phase services. Attachments: Agenda Memo - Oso WRP.pdf Location 19111=111004 11111111110�yy an a • • WRP Contract • + iTMMUT' . .®1�r. • .1Tgi •s. Technical Memorandum No. . Oso WRP.pdf O. FIRST READING ORDINANCES: (ITEMS 37 - 40) 37. 13- 000501 First Reading Ordinance - Approving the Annual Audit Plan Ordinance to approve the Annual Audit Plan for FY 2013 -2014 Attachments: Agenda Memo - Annual Audit Plan Ordinance - to approve the Annual Audit Plan for FY 2013 -2014 Presentation - Annual Audit Plan 38. 13- 000482 First Reading Ordinance - Setting Terms and Conditions for Recycled Water Service Ordinance amending the Code of Ordinances by adding Article XIX, Recycled Water to Chapter 55 to provide for recycled water service, recycled water rates, recycled water delivery; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo - Effluent Rate Ordinance 39. 13- 000495 First Reading Ordinance - Appropriating funds to reimburse John C. and Cheryl L. Hooper for the wastewater development fees paid Corpus Christi Page 14 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 40. 0 41 42. in 2003 Ordinance appropriating $5,495.10 from the No. 4220 Wastewater Trunk System Trust Fund to refund John C. and Cheryl L. Hooper wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. Attachments: Agenda Memo - John C. and Cheryl L. Hooper, wastewater fee reimbursement 13- 000476 First Reading Ordinance - Type A Grant for Sam Kane Beef Processors, LLC Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Sam Kane Beef Processors, LLC ( "Sam Kane ") to provide a grant of up to $3,000,000 for the retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, amending the budget to allow for this funding of up to $3,000,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. Attachments: Agenda Memo - Sam Kane Beef FUTURE AGENDA ITEMS: (ITEMS 41 - 45) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13- 000517 Purchase and Installation of Security Equipment Motion approving the purchase and installation of sixteen (16) CCTV cameras and an access control system from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $76,634.81. Funds have been budgeted by the Aviation Department in FY 2012- 2013. Attachments: Agenda Memo - Security Equipment.pdf 13- 000516 Application for a Hazardous Materials Emergency Preparedness Planning Grant Corpus Christi Page 15 Printed on 6/7/2013 City Council Meeting Agenda - Final June 11, 2013 Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. Attachments: Agenda Memo - HMEPP Grant Imo: ♦ . • 43. 13- 000500 Engineering Design Contract - for emissions and odor control improvements at the Greenwood Wastwater Treatment Plant Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $85,954.00, for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements. Attachments: Agenda Memo - Greenwood WVVTP • ••• 111 44. 13- 000507 Agreement withTexas Department of Transportation (TXDOT) to contribute Right of Way funds for highway improvements on FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of $5,500. Attachments: Agenda Memo - FM 43 from SH 286 to Yorktwon Blvd.pdf r,..� .- �rrTa�ra�a�kc��� :r►.���,�:��.►�r+�+�►n.�►+rrr�� 45. 13- 000508 Agreement with Texas Department of Transportation (TXDOT) to contribute Right Of Way funds for highway improvements on FM Corpus Christi Page 16 Printed on 6/7/2013 City Council Meeting Agenda 'Final June 11.2018 46 EIVA FL 2444 (Staples from SH28G (Chapman Ranch Road) toOso Parkway Resolution authorizing the City Manager, or designee, ho execute an Agreement tn Contribute Right nf Way Funds with the Texas Department of Transportation (TXD{}T) for the acquisition nf certain rights ofway and the relocating and adjusting of utilities within the project's 000peof FM 2444 (Staples Street) from GH286 (Chapman Ranch Road) toDoo Parkvvay, with the City's participation in the amount of $67.000. Attachments: Resolution - FM 2444 from SH 286 to Oso Parkway Intersection.pdf Agreement - FM 2444 from SH 286 to Oso Parkway Intersection.pdf FM 2444 Fact Sheet 2013 BRIEFINGS TO CITY COUNCIL: (ITEMS 46 - 47) The following items are for Council's infonnationapuqxmoaonly. No action will bo taken and no public comment will bosolicited. 13-000518 City Council Policy regarding Board Recommendations 13-000519 Phased Evacuation Procedures in the Event of a Huricane Attachments: ADJOURNMENT Corpus Christi Page 17 Printed on 61712013 a, Tuesday, May 28, 2013 Corpus Christi Meeting Minutes - Final A. CALL MEETING TO ORDER. C. I] E IL1V10191A1I:0]L1 A City Council 11:30 AM Mayor Martinez called the meeting to order. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com The Invocation was given by Father Peter Martinez, St. Paul the Apostle Church. PLEDGE OF ALLEGIANCE. I :111]1WOUIa The Pledge of Allegiance was led by Annie Leal, Call Center Manager. Council Chambers City Secretary Chapa verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa Present: 9 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Proclamations / Commendations 1 Proclamation declaring June 1 -2, 2013 as the "1 st Annual Corpus Christi Flag Weekend" Swearing -in Ceremony for newly appointed Board, Commission and Committee Members City Manager's "At Your Service Award" Mayor Martinez presented the Proclamation and conducted a Swearing -in Ceremony of newly appointed Board and Commission Members. City Manager Olson presented the "At Your Service Award" to Thomas Cruz, Firefighter and Diana Glynn, Police Department. I. MINUTES: 3 Approval of Meeting Minutes - Regular Council Meetings of May 14, 2013 and May 21, 2013. Corpus Christi Page 1 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 Mayor Martinez deviated from the agenda and referred to approval of the minutes. A motion was made by Council Member Magill, seconded by Council Member Garza to approve the minutes as presented and passed. L. CONSENT AGENDA: (ITEMS 4 - 7) Mayor Martinez deviated from the agenda and referred to the Consent Agenda Items 4 through 7. Mayor Martinez asked for comments from the audience. Council Member Leal commented on Item No. 5. The items were approved by one vote: 4 Second Reading Ordinance - Unified Development Code Text Amendment exempting Regional Transit Authority signs that contain commercial advertising (1st Reading 5/14/13) Ordinance amending the Corpus Christi Unified Development Code by revising subsection 7.5.7.A.7 relating to signs partially exempt from the UDC; providing for severance, penalties, and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029840 5 Second Reading Ordinance - Rezoning from Residential to Industrial for Elizabeth Anne Meaney on property located at 8801 State Highway 44 (Tabled on 4/23/13) (1st Reading 5/14/13) Case No. 0313 -01 Elizabeth Anne Meaney: A change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit for the wholesale storage and distribution of fuels and lubricants, not resulting in a change to the Future Land Use Map. The property being rezoned is described as being an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas Gallagher Abstract 988 and the James W. Ward Abstract 1031, located on the south side of State Highway 44, approximately 110 feet east of South Clarkwood Road. Staff Recommendation: Denial of the change of zoning from the "RS -6" Single - Family 6 District to the "IL /SP" Light Industrial District with a Special Permit, and in lieu thereof, approval of the "IL" Light Industrial District. Planning Commission Recommendation (March 27, 2013): Approval of the change of zoning from the "RS -6" Single - Family 6 Corpus Christi Page 2 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 District to the "IL /SP" Light Industrial District with a Special Permit subject to a site plan and conditions. Ordinance as approved on first reading Ordinance amending the Unified Development Code ( "UDC') upon application by Elizabeth Anne Meaney ( "Owner"), by changing the UDC Zoning Map in reference to an 18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract in the Thomas Gallagher Survey 402, Abstract 988, and the James Ward Survey, Abstract 1031, from the "RS -6" Single - Family 6 District to the "IL/SP" Light Industrial District with a Special Permit on Tract 1 and to the "IC" Industrial Compatible District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foreging ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Leal Abstained: 0 Enactment No: 029841 6 Second Reading Ordinance -Amending the South Central Area Development Plan, an Element of the Corpus Christi Comprehensive Plan (1st Reading 5/14/13) Ordinance amending the South Central Area Development Plan, an element of the Comprehensive Plan of the City of Corpus Christi by renaming the Plan; updating goals and policies; providing new measurable strategies and a new multi -modal transportation plan, urban design plan, and urban living options plan; updating the future land use map; providing for severance;and providing for publication The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029842 7 Change Order No. 11 for Kostoryz Road improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID (Bond 2008) Corpus Christi Page 3 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 Motion authorizing the City Manager, or designee, to execute a Change Order No. 11 with Texas Sterling Construction of Houston, Texas in the amount of $508,077.63, for the Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -091 Mayor Martinez announced that Item No. 23 was being pulled from the day's agenda pending the outcome of a lawsuit filed in the City of Austin, Texas regarding disposable bag ban. Mayor Martinez allowed for public comment on this item and the following citizens spoke: Neil McQueen thanked the council for their support but stated that our City should move forward; Cliff Schablich spoke in support of the ordinance and stated that our City should move forward; Carolyn Moon spoke in support of the ordinance and stated that our City should move forward; and Adrianna Leyva stated that our City should move forward with the ordinance. Mayor Martinez announced that the Council would now hear the Public Comment scheduled for 12 Noon. She indicated that after Public Comment, the Council would go into Executive Session, and that Council would resume public comment on Item 23 after the executive session. F. PUBLIC COMMENT. The following citizens spoke: Wilson Wakefield stated that he opposes the street maintenance fee; Jerry Garcia spoke about CDBG funding and various other city issues; Colin Sykes asked the Council to reconsider the Resolution regarding the Citizens United group; Peggy Duran spoke on Item 23 and stated she supports the ordinance; Abel Alonzo spoke about CDBG funding and thanked the staff for their work; Weldon Lucas spoke on Item 23 and stated that our City should move forward with the ordinance; and Jeanne Adams spoke on Item 23 and stated that our City should move forward with the ordinance. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: H. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez read Executive Session Item No. 2. The council went into executive session. 2 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, Corpus Christi Page 4 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judge with possible discussion and action in open session. The council returned from executive session. City Secretary Chapa polled the Council for their vote on the following ordinance: Ordinance accepting the recommendation and appointment of Inna S. Rogoff for a position as Municipal Judge of the Municipal Court of Record in the City of Corpus Christi, Texas; and declaring an emergency. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029839 Mayor Martinez returned to public comment on Item No. 23. Johnny French spoke about the use of reuseable bags. Council Members discussed the status of the lawsuit filed in the city of Austin, Texas, education outreach, reduction of plastic bags, litter ordinance and code enforcement issues. Mayor Martinez stated that she is tabling this item pending the outcome of the lawsuit filed in the city of Austin, Texas. 23 First Reading Ordinance - Amending Chapter 21 of City Code to regulate the use of plastic check -out bags and establish a system to monitor and collect environmental recovery fees Ordinance amending Chapter 21, Part I II Garbage, Trash, and Other Refuse of the Code of Ordinances, by adding New Article VI regulating the use of plastic checkout bags in the City of Corpus Christi, and providing for penalties. This Ordinance was tabled. J. BOARDS & COMMITTEE APPOINTMENTS: M. PUBLIC HEARINGS: (ITEMS 8 -11) 8 Public Hearing for the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District Corpus Christi Page 5 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 Public Hearing for the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District. Mayor Martinez referred to Item No. 8. Pat Eldridge, Police Department stated that this item is a Public Hearing for the FY 2013 -2014 budget for the Crime Control & Prevention District. She added that the focus for FY 2014 is 50 additional police officers, the Juvenile Assessment Center, Pawn Shop Detail, purchase of five replacement police vehicles, and purchase of support equipment. Ms. Eldridge discussed the total expenditures, total revenues, and fund balance. Ms. Eldridge informed the Council that the proposed budget includes two additional civilian Crime Prevention Specialists, and one civilian volunteer in Police Services, and stated that all other programs are fully funded. A motion was made by Council Member Scott, seconded by Council Member McIntyre to open the public hearing and passed. Abel Alonzo spoke in support of the 50 additional police officers and safety for the community. There being no other public comment, a motion was made by Council Member Magill, seconded by Council Member Scott to close the public hearing and passed. 9 Public Hearing and First Reading Ordinance - Rezoning from Residential for Palm Land Investments, Inc. on property located at 7564 Brooke Rd. Case No. 0413 -01 Palm Land Investment, Inc.: A change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property to be rezoned is described as being a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Palm Land Investment, Inc. ( "Owner"), by changing the UDC Zoning Map in reference to a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on first reading with the Corpus Christi Page 6 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 10 Public Hearing and First Reading Ordinance - Rezoning from Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. on property located at 3142 South Staples Street Case No. 0413 -02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. The property is described as being a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. Approval of the change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Kitty Hawk Development, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 10. Mr. Mark Van Vleck, Director of Development Services stated that the purpose of this zoning request is to allow development of a single - family subdivision with minimum lot sizes of 15,000 square feet and reduce the amount of neighborhood commercial zoning on property located at 9142 South Staples Street, from Residential Estate to Low Density Residential. He stated that Planning Commission and Staff recommend approval of the change from Residential Estate District to Neighborhood Commercial District on Tract 1, Residential Estate District to Single - Family 15 District on Tract 2, and Neighborhood commercial District to Corpus Christi Page 7 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 Single - Family 15 District on Tract 3 for a total of approximately 59 acres. Mr. Van Vleck informed Council that this is an expansion of the Kitty Hawk Subdivision and that the area does not have wastewater service and that the minimum lot size required for platting will be one -half acre. A motion was made by Council Member Scott, seconded by Council Member Leal to open the public hearing and passed. John Kelley spoke on behalf of Javier Huerta and stated that they support a special permit; and Pat Veteto spoke in support of the "RS -15" Single - Family 15 District zoning. Council Members discussed the Single - Family 15 District zoning, granting a special permit, amend the Unified Development Code to create a new zoning classification, and wastewater requirements. A motion was made by Council Member Loeb, seconded by Council Member Scott to close the public hearing and passed. A motion was made by Council Member Loeb, seconded by Council Member Magill to table this item to June 11, 2013 and passed. 11 Public Hearing and First Reading Ordinance - Rezoning from Industrial to Commercial for The Palms at Leopard, Ltd. on property located at 2725 Leopard Street Case No. 0413 -04 The Palms at Leopard, Ltd.: A change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District, resulting in a change to the Future Land Use Plan from light industrial to commercial uses. The property to be rezoned is described as being a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the east side of Palm Drive between Leopard Street and Lipan Street. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by The Palms at Leopard, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member Riojas and Council Member Garza Corpus Christi Page 8 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 Absent: 1 - Council Member McIntyre Abstained: 0 N. REGULAR AGENDA: (ITEMS 12 -17) 12 Approving Financial Underwriters for issuing bonds Motion approving authorized list of financial underwriters The foregoing motion was passed and approved with the following vote: Aye: 8 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 Enactment No: M2013 -092 13 Second Reading Ordinance - Amendment to Type A agreement for Del Mar College Internship Program (Original Agreement Passed 08/21/12) (1st Reading 5/14/13) Ordinance appropriating $72,804.35 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College ( "Del Mar ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $72,804.35. Mayor Martinez referred to Item No. 13. Mike Culbertson, Economic Development referred to Items 13 and 14. He stated that the ordinances on these two items did not reflect that this is an amendment to the agreement. A motion was made by Council Member Leal, seconded by Council Member Scott to approve the amendments and passed. The foregoing ordinance was passed and approved on second reading as amended with the following vote: Aye: 8 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 Enactment No: 029843 14 Second Reading Ordinance - Amendment to Type A agreement for Corpus Christi Page 9 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 Texas A &M University - Corpus Christi Internship Program (Original Agreement Passed 08/21/12) (1st Reading 5/14/13) Ordinance appropriating $35,060 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Texas A &M University - Corpus Christi ( "TAMU -CC ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $35,060. The foregoing ordinance was passed and approved on second reading as amended with the following vote: Aye: 8 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 Enactment No: 029844 15 Chapter 380 Agreement for Staples Center Retail Venture, LP (The Shops at La Palmera) Approving a resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Staples Center Retail Venture, LP ( "Agreement ") for certain economic development grants for redevelopment of Staples Retail Center and Mt. Vernon Center, for the benefit of the City. The foregoing resolution was passed and approved with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 2 - Council Member Loeb and Mayor Martinez Abstained: 0 Enactment No: 029845 16 Second Reading Ordinance - Amending the City Code to revise the City's Water Conservation Plan and Drought Contingency Plan (1st Reading 5/14/13) Ordinance adopting the Water Conservation Plan and Drought Contingency Plan; Amending City Code of Ordinances, Chapter 55, Article XII Water Conservation, regarding water resource management including drought restrictions and surcharges, providing an effective Corpus Christi Page 10 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 date of June 3, 2013; and providing for penalties. Mayor Martinez referred to Item No. 16. Gus Gonzalez, Director of Water Operations that this is the second reading of revisions to the Water Conservation Plan and Drought Contingency Plan. He stated that the following amendments are being proposed prior to passage on second reading: 1) during Stages 3 - 5, a trigger point of 3,000 gallons per month is established for residential customers before a drought surcharge is added; 2) residential customer bill will remain the same up to 3,000 gallons and consumption above 3,000 gallons per month will result in drought surcharge up to an including 100% of the total monthly bill over 3,000 gallons; 3) drought surcharge for residential customers during Stages 3 - 5 may be implemented with city council approval; 4) during Stage 3, discontinuing fire hydrants for construction purposes may be implemented with city council approval; 5) during Stage 4, the suspension of new, additional, or increased -in -size water service connections may be implemented with city council approval; 6) the Water Allocation and Review Committee responsibilities will be completed by City staff; and 7) new industrial customer allocations will be based on 90% or their maximum monthly contracted usage until 12 months of billing history is available. A motion was made by Council Member Scott, seconded by Council Member Leal to approve the amendments and passed. The foregoing ordinance was passed and approved on second reading as amended with the following vote: Aye: 8 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 Enactment No: 029846 17 Interlocal agreement with Regional Transportation Authority (RTA) for street improvement program Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Corpus Christi Regional Transportation Authority to increase funding based upon sales tax revenues and provide for a more efficient process in funding street improvements. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 Enactment No: 029847 Corpus Christi Page 11 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 O. FIRST READING ORDINANCES: (ITEMS 18 - 27) 18 First Reading Ordinance -Texas General Land Office (GLO)- Coastal Impact Assistance Program (CIAP) grant award for construction of the Oso Bay Learning Center and Wetland Preserve Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $1.5 Million from the Texas General Land Office - Coastal Impact Assistance Program (CIAP) for the construction of the Oso Bay Coastal Environmental Learning Center. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 19 First Reading Ordinance - Appropriating a State grant for the 2013 Parks and Recreation Summer Food Program Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 20 First Reading Ordinance - Amending the lease of International Westside Baseball to add additional baseball fields at Greenwood /Horne Youth Sports Complex Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. Corpus Christi Page 12 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Riojas Absent: 1 - Council Member Garza Abstained: 0 21 First Reading Ordinance - Construction contract for Billings Bait Stand and Clems Marina Parking Lot Construction (Re -Bid) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 by adding $100,000 in appropriated street assessments; adding $132,863.80 in Street Tax Notes; transferring $284,597.80 from Water CIP Project No. 180198 Programmed Waterline Lifecycle Replacement Project to the Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two Project; increasing expenditures in the amount of $232,863.80; and authorizing the City Manager or designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 22 First Reading Ordinance - Approval of a Developer Participation Agreement to reimburse Developer for the City's cost of Sydney Street Ordinance authorizing the City Manager to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the cost to expand and extend Sydney Street. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Corpus Christi Page 13 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 24 First Reading Ordinance - Appropriating reimbursement funds from the Texas State Library Archives Commission Ordinance appropriating $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 25 First Reading Ordinance - Appropriating royalties from oil, gas, and mineral interests of the Estate of William T. Neyland Ordinance appropriating $2,741.44 from royalties from oil gas and mineral interests bequeathed to the City from the Estate of William T Neyland into the Library Grants fund No 1068, Project No. 807713L for library technology services. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 26 First Reading Ordinance - Repealing Section 2 - 78 of the City code regarding the City's lay representative to the South Texas Library System Ordinance repealing Sec 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code, providing an effective date; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 27 First Reading Ordinance -Authorizing the issuance of General Improvement Bonds to finance Bond 2012 Projects Corpus Christi Page 14 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 28 - 45) Mayor Martinez referred to the Future Agenda, Items 28 through 45 and stated that these items are for informational purposes only and that no action or public comment would be taken. Staff provided a presentation on Items 28, 39 and 42. 28 Authorizing the appointment of financial advisor for the issuance of General Improvement Bonds to finance Bond 2012 Projects Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000. This Motion was recommended by Staff to the Consent Agenda. 29 Amending Financial Poilicy Resolution amending Financial Policies adopted by Resolution 029826 and providing financial policy direction on preparation of the annual budgets. This Resolution was recommended by Staff to the Consent Agenda. 30 Lease agreement for the lease of Copiers Motion approving a Lease Agreement with Dahill Office Technology Corporation, San Antonio, Texas for eighty -four (84) copiers in Corpus Christi Page 15 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 accordance with Request For Proposal No. BI- 0121 -13 based on lowest responsible proposal for an estimated three -year expenditure of $737,306.64. The term of the lease agreement shall be for thirty -six (36) months with an option to extend for up to two (2) additional twelve -month periods subject to the approval of the Contractor and the City Manager or designee. Funding will be requested for future fiscal years in the normal budget process. This Motion was recommended by Staff to the Consent Agenda. 31 Service Agreement for Drug & Alcohol Testing and Occupational Medical Services Motion approving a service agreement with Nueces Emergency Services d.b.a. The Doctor's Center of Corpus Christi, Texas for drug and alcohol testing and occupational medical services, based on only proposal received, in accordance with Request for Proposal Number 13I- 0048 -13, for an estimated annual expenditure of $121,484.10, of which $20,247.35 is budgeted for the remainder of FY 12/13. The term of the service agreement will be for one -year with four automatic one -year extension periods. This Motion was recommended by Staff to the Consent Agenda. 32 Amending the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant Resolution authorizing the City Manager, or his designee, to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. This Resolution was recommended by Staff to the Consent Agenda. 33 Interlocal Agreement (RTA), Nueces County, radio system with Regional Transportation Authority and City of Driscoll for the public safety Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with the Regional Transportation Authority, Nueces County, and the City of Driscoll for the operation of an 800 MHz public safety trunked radio system. This Resolution was recommended by Staff to the Consent Agenda. 34 Interlocal Agreement with Calallen Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Corpus Christi Page 16 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. This Resolution was recommended by Staff to the Consent Agenda. 35 Interlocal Agreement with Corpus Christi Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. This Resolution was recommended by Staff to the Consent Agenda. 36 Interlocal Agreement with Flour Bluff Independent School District for bus transportation for Summer 2013 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. This Resolution was recommended by Staff to the Consent Agenda. 37 Interlocal agreement for the 2013 Summer Food Program Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. This Resolution was recommended by Staff to the Consent Agenda. 38 Approving the use of Permanent Art Trust funds to complete sculpture installation Motion to approve expenditure up to $20,000 of Permanent Art Trust Fund for expenses related to installation of Gron art sculpture at Corpus Christi Police Department. This Motion was recommended by Staff to the Consent Agenda. 39 Resolution supporting the Harbor Bridge Replacement Project Resolution in support of the Corpus Christi Metropolitan Planning Organization's commitment to provide funding for the replacement of the Harbor Bridge. This Resolution was recommended by Staff to the Consent Agenda. Corpus Christi Page 17 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 41 Installation of LED Street Lights on Chaparral between William and Schatzell (Bond Issue 2008) Motion authorizing the City Manager or designee to execute a Contribution -In- Aid -of- Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED Street Lights on Chaparral Street between William and Schatzell .(Bond 2008) This Resolution was recommended by Staff to the Consent Agenda. 40 Engineering design contract for improvements for International Boulevard from State Highway 44 through the Corpus Christi International Airport (Bond Issue 2012) (Proposition No. 8 Economic Development Projects) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $147,850, for International Boulevard from State Highway 44 through the Corpus Christi International Airport, for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) This Motion was recommended by Staff to the Consent Agenda. 43 Engineering design contract for Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering & Construction Management Services, LLC, of Corpus Christi, Texas in the amount of $83,500.00, for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013. This Motion was recommended by Staff to the Consent Agenda. 42 Engineering design contract for the Oso Water Reclamation Plant nutrient removal and re -rate to 24 million gallons daily - Phase 2 (Final) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid, and construction phase services. This Motion was recommended by Staff to the Consent Agenda. Corpus Christi Page 18 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 44 Engineering design contract for new office building at landfill Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Kleinfelder Central, Inc., of Corpus Christi, Texas in the amount of $115,509.00 for design, bid and construction phase services. This Motion was recommended by Staff to the Consent Agenda. 45 Engineering design contract amendment no. 3 for Bear Lane from Old Brownsville Road to South Padre Island Drive (Bond Issue 2008) Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $73,470.00 for a restated fee of $1,170,020.00 for the Bear Lane Street Improvement Project from Old Brownsville Road to South Padre Island Drive for design of required waterline replacement. (Bond 2008) This Motion was recommended by Staff to the Consent Agenda. Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 46 - 47) 46 Solid Waste Competitive Assessment Results Mayor Martinez referred to Item No. 46, Solid Waste Competitive Assessment Results. Ms. Saundra Thaxton, Interim Assistant Director, OMB Strategic Management provided a brief overview of the goals, the competitive assessment process, and approach. Ms. Thaxton discussed the assessment completed for MIS and Fleet included the benchmarks and recommendations; integrated action plans in Annual Business Plans, and the service levels and benchmarks through the City Performance Report. Next, Mr. Scott Pasternak, Assistant Vice President, SAIC stated that the operational review focused on the following primary operational areas: collection, landfill and the transfer station, to identify key changes to decrease cost and increase revenue, the privatization analysis, and financial review. Mr. Pasternak discussed the operational and privatization findings for Solid Waste Operations and whether the City should privatize and discussed recommendations for these areas: Refuse Collection, Recycling Collection, Brush and Bulk Collection, Transfer Station Operation, Long -Haul Trucking, Brush Grinding, and Landfill Operation. He then discussed an implementation plan developed by SAIC and City staff to achieve operational efficiencies and to realize cost savings and timing range from now to five years. Mr. Pasternak discussed the cost savings identified in competitive, cost of competitive assessment and cost of service study, the projected savings, and return on investment. Next, Mr. Lawrence Mikolajczyk, Director of Solid Waste stated that they concur with the findings made by SAIC and has developed an Action Plan to Corpus Christi Page 19 Printed on 6/6/2013 City Council Meeting Minutes - Final May 28, 2013 implement their recommendations. Mr. Mikolajczyk stated that the Implementation Plan for FY 13 -14 includes a Fleet Replacement Program, Route Optimization, Refit Brush and Bulky Equipment, Recycling Education /Recycle Bank, and Recycling Revenue Share. He then discussed the Fleet Replacement Schedule and Cost, Route Optimization including estimated costs for system hardware and software; redesign routes for most efficient colleciton and maximum right hand turns, and estimated savings; Brush and Bulky Equipment replacement and costs and savings; RecycleBank /Recycling Education and Revenue Share. 47 RESTORE Act Briefing Mayor Martinez referred to Item No. 47, RESTORE Act Briefing. Mr. Pete Anaya, Director of Planning and Environmental Services provided a brief overview on activities related to collection and evaluation of project information, potential regional collaborations, and strategic initiatives in the State of Texas' Response Plan under the RESTORE Act. He stated that the RESTORE Act was enacted July 2012 in response to impacts arising from the BP Deepwater Horizon oil spill and the resulting restoration requirements. Mr. Anaya stated that the Act established a Gulf Coast Ecosystem Restoration Council comprised of governors from five Gulf States, including the Secretaries from the US Departments of Interior, Commerce, Agriculture, and Homeland Security, the Secretary of the Army and the Administrator of the US Environmental Protection Agency. Mr. Anaya informed the Council that the initial Comprehensive Plan will adopt and expand on the following strategy goals: 1) Restore and Conserve Habitat; 2) Restore Water quality; 3) Replenish and Protect Living Coastal and Marine Resources; 4) Enhance Community Resilience, and 5) Restore and Revitalize the Gulf Economy. He stated that the release of the final plan is scheduled for this summer. R. LEGISLATIVE UPDATE: 48 Status Report on Legislative Issues S. ADJOURNMENT Mayor Martinez referred to Item No. 48, Legislative Update. Mr. Tom Tagliabue, Director of Intergovernmental Relations provided a brief update on the legislative priorities. He informed the Council that a Special Session was called and that other issues that may be added include Windstorm, Transportation and Higher Education. There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 4:35 pm. Corpus Christi Page 20 Printed on 6/6/2013 a. ETHICS COMMISSION — Two (2) vacancies with terms to 10 -01 -13 and 10- 01 -14. (Requires 213 vote of the City Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official ", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two - thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice - chairperson. Legend: *Haysom D. Dawod failed to submit his Report of Financial Information timely which resulted in automatic termination. Mr. Dawod has since submitted his report and is requesting consideration for reappointment. ***Resigned OTHER INDIVIDUALS EXPRESSING INTEREST: Jack Gordy Retired Military (E -7, Chief Petty Officer). Attended Del Mar College. (6108111) ORIGINAL MEMBERS TERM APPTD. DATE Arthie Lee Brown 10 -01 -15 12 -18 -12 Alicia G. Benavidez 10 -01 -15 12 -18 -12 William Strawn 10 -01 -14 06 -09 -09 *Haysam D. Dawod, Chair 10 -01 -14 07 -20 -10 ***Michael Rivera 10 -01 -13 06 -19 -12 Karon K. Connelly, Vice -Chair 10 -01 -15 06 -19 -12 Ken Bung 10 -01 -13 10 -12 -10 Harry Hallows 10 -01 -13 10 -12 -10 Larry L. White 10 -01 -14 11 -08 -11 Legend: *Haysom D. Dawod failed to submit his Report of Financial Information timely which resulted in automatic termination. Mr. Dawod has since submitted his report and is requesting consideration for reappointment. ***Resigned OTHER INDIVIDUALS EXPRESSING INTEREST: Jack Gordy Retired Military (E -7, Chief Petty Officer). Attended Del Mar College. (6108111) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Jessica Scutt Attorney and Managing Member, Scutt Law, PLLC. Holds a Juris Doctor degree from the John Marshall Law School in Chicago, Illinois, also licensed to practice law in states of Texas and Minnesota. Activities include: volunteers with St. Patrick Catholic School. (09124112) Lyndon E. Smiling Operations Manager, Sikorsky Aircraft. Received a BS in Technical Management; Minor in Logistics. Currently enrolled in Embry - Riddle Aeronautical University (ERAU) in the Master of Science in Management (MSM) Program. Retired U.S. Navy. Activities include: various fundraisers for USO, March of Dimes, Juvenile Diabetes and other charities. (06104113) Rod Wolthoff Attorney- Advisor, U.S. Dept. of the Army /CCAD. Received an LLM and JD in Government Contracting, and an MS in Guidance and Education. Activities include: Leadership Corpus Christi, Class 41, and Corpus Christi Men's Adult Baseball League. (5114113) [7 HUMAN RELATIONS COMMISSION — Seven (7) vacancies with terms to 6- 14 -16, 6- 14 -15, and 6 -14 -14 representing the following categories: 1 — Selling of Dwellings representative, 3 — Regular members, and 3 — Youth members (Age 16 -20). (Appointed by the Mayor with approval of the City Council.) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one -year terms. Eleven (11) members shall serve three -year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex- officio voting member. ORIGINAL MEMBERS TERMS APPTD. DATES Ramiro H. Gamboa, Chairperson (6- 14 -13) 6 -14 -14 1 -15 -08 Kathleen (Katy) Cooper 6 -14 -14 2 -23 -10 * Jaimee Contreras 6 -14 -13 1 -22 -13 ** *Abel Alonzo 6 -14 -15 2 -14 -12 Edna Arredondo 6 -14 -15 8 -12 -08 William "Mickey" Kramer, Jr. 6 -14 -15 6 -19 -12 Joel S. Mumphord 6 -14 -14 8 -14 -12 Rev. Derrick Reaves 6 -14 -14 7 -11 -06 *Elias Valverde 6 -14 -13 6 -29 -10 * * * * *Margie Myers (Selling Dwellings) 6 -14 -13 7 -24 -07 Toni Cole Davis (Rental Dwellings) 6 -14 -15 7 -07 -09 *Corey Elizondo (Youth) (Moody HS) 6 -14 -13 1 -22 -13 * * * * *Grace Roberson (Youth) (Flour Bluff ISD) 6 -14 -13 6 -19 -12 * * * * *Eleni Salazar (Youth) (West Oso ISD) 6 -14 -13 6 -19 -12 Darren Bates (Com. Per. Dis. Chair) Ex- officio (Voting) Carlos Aguinaga (Legal Aide Society) Continuous Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation Note: The Human Relations Commission is recommending the following: 1. Reappointments of Elias Valverde, Jaimee Contreras and Youth Commissioner Corey Elizondo (Moody High School). 2. The new appointments of Alice Aparicio- Bussey to represent the category of Selling of Dwellings, and Almira Flores, Regular member. 3. The two Youth Commissioner new appointments of.• a. Kyle James — W. B. Ray High School b. Faith Sara Meza — Roy Miller High School 4. The Human Relations Commission also voted unanimously to recommend Mr. Ramiro Gamboa to remain as Chairperson for a one-year term to 6- 14 -14.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Jaimee Contreras 5 4 80% Elias Valverde 12 8(3exc.) 67% Corey Elizondo (Yth/Moody HS) 5 5 100% INDIVIDUALS EXPRESSING INTEREST (REGULAR MEMBER POSITIONS): Alice Aparicio- Bussey Realtor, Keller Williams Realty. Attended Del Mar College. Licensed Real Estate Agent over 25 years. Activities include: Keller Williams Cares, and Corpus Christi Citizens Police Alumni Association. (03119112) Almira Flores Radiology Technician, Christus Spohn Health Systems. Graduated from School of Radiology. Activities include: Coastal Bend Society of Radiology Technicians, World Affairs Council, So. Texas Institute of Arts, Women's Network of Texas, Community in Schools, Diabetes Walk, Relay for Life, former Sister City Committee. (12122111) Merced V. Pena Semi - retired. Consultant work with Vamos Productions as Media /Advertising Consultant. Former employment and volunteer activities include: substance abuse counselor training from Del Mar College, Texas Youth Commission volunteer, Alternative Therapies training from CB Council on Alcohol & Drug Abuse, Nueces County Substance Abuse Treatment Facility volunteer, New Beginnings volunteer, substance abuse education and counseling at Nueces County Juvenile Justice Center, counselor with Corpus Christi Drug Abuse Council, and Coastal Bend Intergroup Association. (12118112) Brian A. Rosas Production Supervisor, L3 Communications. Activities include: Westside umpire, Pony Baseball. (4108113) Lyndon E. Smiling Operations Manager, Sikorsky Aircraft. Received a BS in Technical Management; Minor in Logistics. Currently enrolled in Embry - Riddle Aeronautical University (ERAU) in the Master of Science in Management (MSM) Program. Retired U.S. Navy. Activities include: various fundraisers for USO, March of Dimes, Juvenile Diabetes and other charities. (06104113) Brian Solarek Global Services & Support Logistics Leader, the Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09125112) Matt Teifke, Jr. Realtor, Garron Dean & Associates Realtors. Currently 3rd year student at Texas A &M University — Corpus Christi, with History major, Social Work minor. Activities include: Big Brothers/Big Sisters of South Texas. (4127112) Timothy W. Weitzel Purchasing Agent, Rental Xpress. Completed two years at Del Mar College studying CIS: Internet Multimedia, with 4.0 GPA. Previously worked in the legal field. (1103113) INDIVIDUALS EXPRESSING INTEREST (YOUTH MEMBER POSITIONS): Joseph Bae Richard King High School — Senior / Fall 2013 During 9th — 11th grades: Member of Key Club, Youth and Government, Chemistry Club, ASLHS, ASL Club, NEHS, Alpha Beta, NHS, Student Council, played soccer, ran track and cross country. Excellent pianist and tutor of piano. Received superior medals from Piano Solo UIL Regionals competitions, and TMTA Competitions, and played at Carnegie Hall three times. (5116113) Collin Breckenridge W. B. Ray High School — Senior / Fall 2013 During 9th — 11th grades: National Little League Volunteer (incl. Special Olympics), three years varsity football, two year varsity baseball, Bay Area Fellowship Garden Crew and Baptist Church garden crew, Student Council Member, Teens for Teens volunteer, International Baccalaureate student and World Conference participant. (5116113) Andres Luke Camarillo W. B. Ray High School — Senior / Fall 2013 During 9th — 11th grades: Academic Decathlon member, All -State Choir, UIL State Champion Clarinetist, Band President, Mock Trial Team Captain, CB School of the Arts, Corpus Christi Chamber Orchestra volunteer, NHS of the Boy Scouts of America, BOD Del Mar Master Chorus. (5/16/13) Karen C. Cantu Foy H. Moody High School — Senior / Fall 2013 Participates in Feria de las Flores, and Moody High School's "Color Me Rad ". (5116113) Daniela M. Castro Roy Miller High School — Junior / Fall 2013 Enrolled in the Roy Miller High School Metropolitan School of Design. Involved in the Art Club and the Student Council. (5116113) Bobbie Jo De La Cruz W. B. Ray High School — Senior / Fall 2013 Activities include: Texan Tribunal 2012 -13, Teen Dating Violence Brochure, Fighting Texans Band member and Choir member. Worked part-time, local McDonald's. Seeking MS in Criminal Justice. (5116113) Kristina Gonzalez W. B. Ray High School — Senior / Fall 2013 No activities provided. (5116113) Kyle James W. B. Ray High School — Senior / Fall 2013 During 9th — 11th grades: Fighting Texans Band Marching and Concert Bands, received 3 medals from the Region Solo/Ensemble contests, attended the 2012 CCISD Anti - Bullying Summit as Chair member, Student Council, upcoming NHS and Student Council Parliamentarian, awarded 2013 -14 school mascot, "Tex ", attended 2013 TASC State conference as delegate. (5116113) Martha G. Martinez Collegiate High School Activities include: Driscoll Children's Hospital volunteer, President of Creative Arts and Literature Club, Student Council. Community activities include: volunteer for the Brooke Foundation for children with cancer, and Artists Against Child Abuse events, benefitting CASA. (5121113) Faith Sara Meza Roy Miller High School — Senior / Fall 2013 Activities include: Key Club, Youth and Government, N.J.R.O.T.C., and Academic Decathlon. (5116113) Abriella Mireles W. B. Ray High School — Senior / Fall 2013 During 9th — 11th grades: MVP Soccer Player, Spanish Honor Society, National Honor Society, Freshman Council President, Lady Badger Awards — 1st Team Softball 2011, 2nd Team Volleyball 2010. Other activities include: Miracle League, American Cancer Society, Driscoll Children's Hospital, Gifted and Talented Program, and Girl Scouts. (5116113) Kelly Palacios Mary Carroll High School — Senior / Fall 2013 Activities include: Student Council President, Environmental Society, Arbor Day volunteer, Dr. Suess Day @ Luther Jones Elementary, dual credit Economics, AP courses, Stripes convention, Breast cancer awareness walk and Athena Fest. (5115113) Shannon Palacios Mary Carroll High School — Senior / Fall 2013 Activities include: Student Council Vice - President, Challenge!, Environmental Society, Arbor Day volunteer, Dr. Suess Day @ Luther Jones Elementary, dual credit Economics, AP courses, Stripes convention, Breast cancer awareness walk and Athena Fest. (5115113) Natasha Rogen W. B. Ray High School — Senior / Fall 2013 Activities include: Student Council, Spanish Honor Society, Theater Club Member, National Honor Society, Ray HS Mock Trial Attorney, and former witness. Volunteers with AAUW Book Sales and Org. of the Neyland Library, Central Library events, Art Museum of So. Tx. Student aid to summer programs. Will travel as student ambassador to Keelung, Taiwan with the Corpus Christi Sister Cities program in July 2013. Works as Teacher's Assistant at Munro Ballet Studio. Has performed in The Nutcracker for the past ten years with Corpus Christi Ballet. (5116113) Iliana Silvas Foy H. Moody High School — Senior / Fall 2013 Activities include: Feria de las Flores, Mariachis, Al Corta Folklorico, Rotary Club Speech competition; made Regional Level, possibly State level. Will attend Rotary Youth Leadership Assembly — Leadership program only for Seniors. (5116113) Hayden Sutherland Roy Miller High School — Senior / Fall 2013 Activities include: Art Honor Society — Documentarian. (5/16/13) Jonathan Teniente W. B. Ray High School No activities provided. (5116113) Mimosa Thomas W. B. Ray High School — Senior / Fall 2013 During 9th — 11th grade: Swim team (3 years,varsity), Student Council, Gay /Straight Alliance, Art Club, Spanish Honor Society, Ray HS Invisible Children Club, Ray HS Girl Effect Club, UIL Academics Team, Ray HS Theatre Company, Key Club, Mu Alpha Theta, Texas TV, Anti - bullying committee (appointed), NHS, Girl Scouts. Received numerous Girl Scout awards, National Merit Commended Scholar. Certified Lifeguard, First Aid and CPR certified, Red Cross Babysitter certified, International Baccalaureate Diploma Candidate. (5116113) Benjamin Tintera Richard King High School — Senior / Fall 2013 Activities include: National Honor Society, dual credit classes with Del Mar College, King HS Honors Winds; 2" d Chair, Bb Clarinet player. Honors include: UIL State Gold Medal; top pianist in Texas (9th grade), Musicianship Award by The Instrumentalist Magazine (10th grade), and Frederick Chopin Society of Texas; 1st place (piano); will perform at Carnegie Hall, Dec. 2013. (5116113) C. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE — Four (4) At Large vacancies with terms to 6- 16 -15. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Retired and Senior Volunteer Program ( "RSVP ") including but not limited to volunteer recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Retired and Senior Volunteer Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 —RSVP Volunteer (active volunteer/ one (1) hour per month at a registered RSVP Volunteer Station), 1 — RSVP Volunteer Workstation representative (executive, director or similar leadership position at a non - profit agency that operates a RSVP Volunteer Station), and 5 — At Large. All terms shall be two (2) years. MEMBERS Margaret A. Ramsey (RSVP Vol. Station) *Sylvia T. Portales (At Large) Anne Bauman (RSVP Volunteer) *Dale D. Berry (At Large) * *Mary Helen Salazar (At Large) *Abel A. Sanchez (At Large) Stephen Isenhour (At Large) ORIGINAL TERM APPTD. DATE 6 -16 -14 6 -16 -09 6 -16 -13 1 -08 -13 6 -16 -14 9 -11 -12 6 -16 -13 9 -11 -12 6 -16 -13 9 -11 -12 6 -16 -13 9 -11 -12 6 -16 -14 1 -08 -13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Dale D. Berry 4 4 100% Sylvia T. Portales 2 1(1 exc.) 50% Abel A. Sanchez 4 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Tami Longino Retired. Activities include: volunteers with Girl Scouts of Nueces County in Product Sales. (3114113) Merced V. Pena Semi - retired. Consultant work with Vamos Productions as Media /Advertising Consultant. Former employment and volunteer activities include: substance abuse counselor training from Del Mar College, Texas Youth Commission volunteer, Alternative Therapies training from CB Council on Alcohol & Drug Abuse, Nueces County Substance Abuse Treatment Facility volunteer, New Beginnings volunteer, substance abuse education and counseling at Nueces County Juvenile Justice Center, counselor with Corpus Christi Drug Abuse Council, and Coastal Bend Intergroup Association. (12118112) Angela Munselle -Woods Self- employed/Home repair company. Former Realtor /business owner. Attended Real Estate Institute. Licensed Texas Realtor. She is very interested in getting involved in helping the City, especially assisting Senior Citizens. (1110113) d. SISTER CITY COMMITTEE — Two (2) vacancies with terms to 9- 01 -14. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of fifteen members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The officers of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each vice - chairman shall be elected by majority vote of the sister city committee annually. MEMBERS TERM Hailey Jordan Kimball 9 -15 Donald Russell 9 -13 ** *John Rocha 9 -14 ****John Henry Porter 9 -14 Susane "Westi" Horn 9 -14 Dr. Judith Prewitt 9 -14 Heather Moretzsohn, General Chair 9 -13 Tim Dowling 9 -13 John R. Seaman 9 -13 Kelly Kimball 9 -14 Christine Kallas, Vice -Chair 9 -15 Alan Thornburg 9 -15 John Richard Sloan 9 -15 Wan Sun Kim 9 -13 Yvonne Fernandez 9 -15 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * * * *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation ORIGINAL APPTD.DATE 6 -12 -12 10 -13 -09 9 -23 -08 6 -12 -12 11 -15 -11 1 -11 -11 1 -11 -11 7 -10 -07 1 -11 -11 11 -15 -11 5 -11 -10 10 -13 -09 1 -22 -13 1 -22 -13 1 -22 -13 (The Sister City Committee is recommending the new appointments of Mark Bradsher and Kevin Aguilar - Ferrari.) INDIVIDUALS EXPRESSING INTEREST: Mark A. Bradsher Flight Operations Records Assistant, Corpus Christi Army Depot (CCAD). Received an AS in Airport Resource Management, an AS in Management Studies, a BS in Business Administration, and a Master of Business Administration (MBA). Kevin Aguilar - Ferrari Retired U.S. Navy Civilian. Co -Owner Timeless Treasures & Collectibles. Former Business Manager at Naval Air Station — Kingsville where he received a Meritorious Civilian Service Medal, and the Air Station was selected 2011 Navy Region Southeast Installation Excellence Award Winner. Activities include: working on hobbies, spending time with grandchildren and collectibles store, and playing in the Veterans Band of Corpus Christi. (4/11/13) Coretta Graham Attorney/Private Practice, Graham Legal Services. Received J.D. from Texas Southern University, Thurgood Marshall School of Law. Activities include: State Bar of Texas Professionalism Committee, Junior League, CCISD- Planning/Development Committee; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; Corpus Christi Black Chamber, NAACP; Delta Sigma Theta Sorority Alumnae Chapter. (01102113) Anthony J. Mulheron Quality Control Inspector, L3. Owner, AIM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (512111) Brian Solarek Global Services & Support Logistics Leader, The Boeing Co. Received a Masters degree in Organizational Dynamics. Very willing and interested to serve on a City Board. (09125112) e. WATER RESOURCES ADVISORY COMMITTEE — Four (4) vacancies with terms to 4 -01 -15 representing the following categories: 1 - Wholesale Raw or Treated Water customer, 1 - Residential Customer, 1 - Large Commercial Customer, and 1 - Representative of a Military Facility. (Appointed by the Mayor with the approval of the City Council) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the Council for two -year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system; 1 - large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping /nursery /horticulture interest; 1 - representative of apartment owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve as ex- officio member(s). ORIGINAL MEMBERS TERM APPTD. DATE *Don Roach (Wholesale Treated) *Jeff Edmonds (Residential Cust.) Chair *****Michael Cox (Lg. Commercial) Robert Kunkel (Port Industries) Scott Kucera (School District) Sally Gill (Landscaping) Paula E. Stanley (Apt. Owners Assn.) Lucia I. Sosa (Citizen at Large) ***Vacant (Military Facility) Council Member Mark Scott Council Member Lillian Riojas 4 -01 -13 9 -22 -09 4 -01 -13 3 -11 -08 4 -01 -13 3 -20 -07 4 -01 -14 7 -17 -12 4 -01 -14 4 -10 -12 4 -01 -14 1 -22 -13 4 -01 -14 7 -17 -12 4 -01 -14 4 -10 -12 4 -01 -13 Ex- officio, non - voting 1 -07 -13 Ex- officio, non - voting 1 -07 -13 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * * * *Has met six -year service limitation (The Water Resources Advisory Committee is recommending the reappointments of Don Roach (Wholesale/Treated Customer) and Jeff Edmonds (Residential Customer), and the new appointments of Sam Sanders (Large Commercial Customer) and Mark Stroop (Military Facility Rep)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Don Roach (Whlsale /Treated) 4 4 100% Jeff Edmonds (Res. Cust.) 4 4 100% INDIVIDUALS EXPRESSING INTEREST: Stephanie Christina Current Homemaker. Received BBA from the University of Texas at Austin. Worked formerly with Home First Rehab in Corpus Christi, Texas Dept. of Health — Travis County, and Frito -Lay Company -San Antonio. Activities include: King High School PTA Board, First United Methodist Church, Mission 911 — Reading Program, American Heritage Girls, and Camden Place — Alert Coordinator. (Residential Customer) (3122112) Marc A. Gonzalez Director of Infrastructure Operations, Dept. of the Army at Corpus Christi Army Depot. Received a BA from Univ. of Texas at San Antonio, Master of Aeronautical Science from Embry- Riddle Aeronautical University, and currently working on MBA at Texas A &M University - Corpus Christi. Commissioned Officer U.S. Air Force for 18 years. Activities include: Leadership Corpus Christi, Class 39. (Residential Customer) (4123113) Kevin Karroll Nelson, Ph.D. Post Doctoral Research Associate, Texas A &M University- Corpus Christi. Received a Ph.D. in Coastal and Marine System Science, and an M.S. in Computer Science. Currently conducting water /marine studies in Corpus Christi Bay and Nueces River Delta. (Residential Customer) (11120112) Sam Sanders Staff Environmental Engineer, Valero Refining Texas. Received a BS in Chemical Engineering from Texas Tech University, Lubbock, Texas. Activities include: member American Institute of Chemical Engineers (AIChE). (Large Commercial Customer) (Residential Customer) (6/03/13) Mark Stroop Deputy Public Works Officer, U.S. Dept. of the Navy, Naval Facilities Engineering Command (NAVFAC SE) — NAS- Corpus Christi. Received a Bachelor of Architecture from North Dakota State University. Works as the Public Works Officer's primary advisor to recommend and execute the long -range goals, objectives and requirements of the Naval Air Station. Activities include: previous Water Resources Advisory Committee member 2007 — 2011. (Military Facility Rep) (Residential Customer) (5/31/13) Rod Wolthoff Attorney- Advisor, U.S. Dept. of the Army /CCAD. Received an LLM and 7D in Government Contracting, and an MS in Guidance and Education. Activities include: Leadership Corpus Christi, Class 41, and Corpus Christi Men's Adult Baseball League. (Residential Customer) (5/14/13) Mark Young Manager, Nueces County Water Control & Improvement District No. 4, a supplier of water and wastewater services for Mustang Island, including area in Corpus Christi city limits. (Wholesale Raw/Treated Water Customer) (10/31/11) E.N111111M. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 DATE: May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826 -3227 Amendment to Financial Policies CAPTION: Resolution amending Financial Policies adopted by Resolution 029826 and providing financial policy direction on preparation of the annual budgets. PURPOSE: Section 4.5 "Enterprise Funds" is being recommended for amendment to clarify the calculation of the operating reserve for the enterprise funds to exclude annual debt service payments which have either a separate reserve account or a surety policy (an "insurance policy" used to guarantee bond payments in the event the City could not make its bond payments). BACKGROUND AND FINDINGS: The financial policies were amended in May 2012 to add a section (Section 4) on "Committed Fund Balances ". This section delineated the City's goal to build and maintain an operating reserve specific to each fund type: internal service funds, enterprise funds, and the debt service fund. The fiscal year ended July 31, 2012 was the first year that these operating reserves were calculated, and in the course of calculating the operating reserve for the utility funds, it was determined that the annual debt service appropriation should be excluded from the computation since either a separate debt service reserve is maintained for utility revenue bonds, or a surety policy is in place to guarantee payment to the bondholders in the event that the City could not make its debt payment. By excluding the debt payment from the computation, a smaller operating reserve is required; thus allowing more fund balance to be used for other purposes, such as cash - funding capital projects (rather than issuing bonds). This agenda item adds the phrase "exclusive of debt service" to Section 4.5 to give the City more flexibility in its management of the utility funds. ALTERNATIVES: An alternative would be to leave the Financial Policies as they currently are written to include debt service payments in the calculation of the operating reserve for the utility funds. A higher operating reserve would result, and less fund balance could be used to cash fund capital fund projects and lower expenditures. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY /NON- EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Financial Services • Legal FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered /Expended amount of (date) This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the amendment as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Redline Resolution RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 01 029826 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; aF�4 amended the policy in May 2012 by Resolution 029521; and amended the policy in May 2013 by Resolution 029826. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution QQQ1- 029826 are amended to read as follows.. K Section 1. Development / Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the annual Internal Service Fund appropriations, exclusive of any one -time appropriations. 3 This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of debt service and any one -time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation (s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate C! necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Funding Level from General Fund for Street Operations. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013 -2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012 -2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012 -2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 5.24% of the General Fund revenue or $10,818,730, whichever is greater. Section 7. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 8. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 9. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 10. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. 61 Section 11. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 12. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 13. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section14. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 15. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 16. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor C: 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 RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 029826 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; and amended the policy in May 2013 by Resolution 029826. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 029826 are amended to read as follows K Section 1. Development / Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal / Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. Committed General Fund Balance / Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund committed fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund committed fund balance which totals at least ten (10 %) percent and up to 25% of total annual General Fund appropriations, exclusive of any one -time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least 10% up to 25% of total annual General Fund appropriations will be Committed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this twenty -five (25 %) percent policy at least annually as part of the budget process. Uncommitted fund balance in excess of the ten percent policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the committed funds. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Committed fund balance will also incorporate contractual obligations to the extent that existing resources in the fund have been specifically committed for use in satisfying those contractual requirements. Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund of at least three percent (3 %) of the annual Internal Service Fund appropriations, exclusive of any one -time appropriations. 3 This subsection only applies to the MIS Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; and Maintenance Services Internal Service Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run -out based upon the most recent actuarial study in the event the plan ceases or a change in the third party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five -year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long -term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five -year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each of the Enterprise Funds of at least twenty -five percent of the annual Enterprise Fund appropriations, exclusive of debt service and any one -time appropriations. This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2 %) of the annual debt service appropriation (s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate C! necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 6. Funding Level from General Fund for Street Operations. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013 -2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012 -2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012 -2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 5.24% of the General Fund revenue or $10,818,730, whichever is greater. Section 7. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 8. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 9. Multi -year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. Preparation of annual budget will include model for years two and three, with specific revenue and expenditure assumptions. Section 10. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. 61 Section 11. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 12. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 13. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section14. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short -term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. Section 15. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." Section 16. Zero Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize a Zero Based Budgeting type of process. The staff shall be accountable for utilizing a Zero Based Budgeting type of process comprehensively for all department budgets. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor C: 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 SC c° 0 AGENDA MEMORANDUM 1164 pRa, m Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 DATE: May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mike cctexas.com (361) 826 -3169 Lease of Copiers CAPTION: Motion approving a Lease Agreement with Dahill Office Technology Corporation, San Antonio, Texas for eighty -four (84) copiers in accordance with Request For Proposal No. BI- 0121 -13 based on lowest responsible proposal for an estimated three -year expenditure of $737,306.64. The term of the lease agreement shall be for thirty -six (36) months with an option to extend for up to two (2) additional twelve -month periods subject to the approval of the Contractor and the City Manager or designee. Funding will be requested for future fiscal years in the normal budget process. PURPOSE: The copiers will be used to support business operations throughout the City. BACKGROUND AND FINDINGS: When comparing like items, the cost of this new lease agreement will be thirty -three percent (33 %) less than the current contract. Copiers will be leased for the following locations: City Hall, Development Services, Municipal Court, Police Department, Fire Department, Animal Shelter, Parks & Recreation, Gas Department, Storm Water Department, Water Department, Health Department, General Services, Solid Waste Operations, Waste Water Department, Engineering Annex, and Museum. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The lease will take effect on or about August 1, 2013. As such, no funds from this fiscal year are required to support this contract. 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: Financial Services. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,752,723.34 $737,306.64 $2,490,029.98 Encumbered / Expended Amount $1,403,948.28 $0 $1,403,948.28 This item 1 $0.001 $737,306.64 1 $737,306.64 BALANCE 1 $348,775.06 1 1 $348,775.06 Fund(s): General Fund, Stores Fund, Gas Fund, Water Fund, Storm Water Fund, Waste Water Fund, Development Services Fund, Engineering Services Fund, Maintenance Services Fund, Police Grants, Nueces County Health District, & Crime Control Fund. Comments: No expenditures will need to be encumbered through the end of this fiscal year. The remaining $737,306.64 for the thirty -six (36) months of the contract 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 Lease Agreement e 7 % % \ \ z LU (x� ( LLI k \ e / LO - g/ / 9 \ j � � \ e � g � 9 ) 0 §§ / \ / xx \ / % \LLI - - \ o \ k § J q LLI \(�\/ 0 \ 3ƒ3 � o G G e 7 7 0 / 'IT f zE IL x / \ � LU e e G LLI \ \ E C: § \ j2 =CL j a w $\ G G e $ 7 7 0 � m r r §/ % \ \ r 0 0 ] (jam \ \ / CO c §ems § § Qco ]) / §/ Q + 3 w _c � /$$ G G ��0 w2° e �� \ 'IT a =mom 6 2 ® 0 0 z @ \ X22 . /E / 3 Q i \ (L -j ƒ(§ �$�r� \ § 0o T =k < §� � (u § k k 2 R R z ƒ\ z § §k o�0 § 0 o Cl) / / /ƒE w2� § ® 0Ek Ste§ \ _ \< �f� CL 0 � LEASE AGREEMENT No. THIS LEASE OF COPIERS (this "Agreement ") is entered into by and between Dahill Office Technology Corporation dba Dahill (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager or designee ( "City Manager "). WHEREAS Contractor has proposed to provide LEASE OF COPIERS in response to Request for Proposal No. BI- 0121 -13, which is incorporated herein by reference; WHEREAS the City has determined Contractor to be the lowest responsible Proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide the LEASE OF COPIERS in accordance with Request for Proposal No. BI- 0121 -13, which is incorporated herein by reference. 2. Term, This Agreement is for three years, commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Procurement Manager. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Risk Manager will be given at least thirty (30) days' advance written notice of cancellation, material change in the coverages, 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 incorporated herein in Request for Proposal No. BI- 0121 -13 which is incorporated herein as Exhibit A, and may be revised annually by the City Manager upon 30 days' written notice to Contractor. b. 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. 17 54 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in 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. 8. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI- 0121 -13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueees County, Texas. 10. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0121 -13. 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 may terminate this Agreement, with or without cause, upon twenty (20) days' written notice to Contractor. However, City may terminate this Agreement on twenty -four (24) hours' written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefor. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Drug Policy. Contractor must adopt a Drug Free Workplace policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy. 18 55 17. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Procurement Manager P.Q. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Dahill Office Technology Corporation Contact William E. Stall Address: 655 Richland Hills Ste 125 City, State, San. Antonio, TX 78245- 18. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (" INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL ;EXPENSES OF. LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 19 56 SIGNED this 29th day of March -,20 13 CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: Request for Proposal No. BI- 0121 -13 Exhibit B: Proposer's proposal Contractor: Dahill Office Technology Corporation Si , atuFe ` ;, ame: Priscilla Lopez Title: Vice - President, Finance and Administration 20 57 DATE: May 28, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361 - 826 -3169 Yasmine Chapman, Director of Human Resources vasminec@—cctexas.com 361 - 826 -3878 Drug & Alcohol Testing and Occupational Medical Services CAPTION Motion approving a service agreement with Nueces Emergency Services d.b.a. The Doctor's Center of Corpus Christi, Texas for drug and alcohol testing and occupational medical services, based on only proposal received, in accordance with Request for Proposal Number BI- 0048 -13, for an estimated annual expenditure of $121,484.10, of which $20,247.35 is budgeted for the remainder of FY 12113. The term of the service agreement will be for one -year with four automatic one -year extension periods. PURPOSE: Drug testing services will be utilized to fulfill requirements for drug and alcohol testing of City employees in compliance with established City alcohol and drug testing policies. Occupational medical services includes post offer medical examinations, annual occupational examinations, medical treatment for work related injuries and return to duty medical examinations. BACKGROUND AND FINDINGS: Drug testing is spread across the following categories: pre - employment, return -to -duty, random, reasonable suspicion, post- accident, pre- assignment and post- firearm discharge Occupational injury- related medical treatment is provided under the terms of this agreement as an option to employees who may choose their own medical provider or the Doctor's Center for treatment. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This award conforms to all State statutes and City Policy governing procurement. EMERGENCY 1 NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Human Resources 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 $150,000.00 $101,236.75 $251,236.75 Encumbered 1 Expended Amount 103,482.90 0 103,482.90 This item 20,247.35 101,236.75 121,484.10 BALANCE $26,269.75 0 $26,269.75 Fund(s): Liability & Employee Benefits Fund Comments: The $20,247.35 financial impact shown above represents two (2) months of payments that will be encumbered through the end of this fiscal year. The remaining $101,236.75 for the last ten (10) months of the service agreement will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends award of the contract as presented. LIST OF SUPPORTING DOCUMENTS: Summary Matrix Service Agreement City of Corpus Christi Purchasing Division Senior Buyer: Elisa Covington Request for Proposal No.: BI- 0048 -13 Council Date: May 28, 2013 Drug & Alcohol Testing and Occupational Medical Services Summary Matrix Maximum Score Nueces Emergency Services d.b.a. The Doctor's Center, Corpus Christi, Texas Technical Requirements 30 25.80 Proposer's Profile & Qualifications 20 20.00 Pricing 45 45.00 Exceptions 5 5.00 Total Score 1 100 95.80 Cost $121,484.10 SERVICE AGREEMENT OCCUPATIONAL MEDICAL SERVICES Service Agreement No. THIS OCCUPATIONAL MEDICAL SERVICES Agreement (this "Agreement ") is entered into by and between Nueces Emergency Services d.b.a. The Doctor's Center (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager'), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide OCCUPATIONAL MEDICAL SERVICES in response to RFP No. BI- 0048 -13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the most advantageous proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide OCCUPATIONAL MEDICAL SERVICES in accordance with RFP No. BI- 0048 -13. 2. Term. This Agreement is for one (1) year commencing on the date signed by the last signatory hereto and continuing for one -year thereafter. The term includes four one -year automatic extension periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the DIRECTOR OF HUMAN RESOURCES. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the DIRECTOR OF HUMAN RESOURCES will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31S), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or RFP No. BI- 0048 -13, or the Contractor's proposal in response to RFP No. BI- 0048 -13 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the DIRECTOR OF HUMAN RESOURCES. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. BI- 0048 -13. Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this Agreement upon ninety (90) days' written notice to the City. 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Human Resources P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor Nueces Emergency Services D.B.A. The Doctor's Center Contact Dr. J Keith Rose, M.D. Address: 4637 Spid City, State, Corpus Christi TX 78411 -4415 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT. OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY HIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this day of, 20 Contractor k� Title: std Ive S CITY OF CORPUS CHRISTI ( "CITY ") Michael Barrera Date Assistant Director of Financial Services Incorporated by Reference: Exhibit A: RFP No. BI- 0048 -13 Exhibit B: Proposer's Proposal Exhibit C: Clarification/Additional Service DRUG AND ALCOHOL TESTING SERVICES AGREEMENT CITY OF CORPUS CHRISTI CITY- WIDE/FIRE AND POLICE FOR THE DOT, NON -DOT, CDL EMPLOYEES, AND PRE- EMPLOYMENT SCREENING TEST ALCOHOL AND DRUG TESTING POLICY THIS DRUG AND ALCOHOL TESTING SERVICES AGREEMENT ( "AGREEMENT ") is entered by and between the City of Corpus Christi, -a Texas municipal corporation ( "City "), and Nueces Emergency Services d.b.a. The Doctor's Center, ( "Contractor /Service Provider ") effective for all purposes the day of , 2013, to be implemented within thirty (30) days after the date this Agreement is approved by the City Council. Incorporated into this Agreement are Attachments, attached and incorporated, as follows: Attachment I contains DOT specimen collection procedures for drug testing and DOT alcohol testing procedures required by Department of Transportation (DOT) Transportation Workplace Drug and Alcohol Testing Programs, (49 CFR 40), for current employees and applicants assigned to the Gas Division, Marina, and covered under DOT, 49 CFR 199, Research and Special Program Administration, and DOT 49 CFR 382, et. al., Federal Highway Department, for covered employees required to have a Commercial Driver's License (CDL) to perform the essential functions of their jobs. Attachment II covers non -DOT drug specimen collection procedures for drug testing of employees and applicants covered under City -Wide Alcohol and Drug Policy. Attachment III covers NON DOT Specimen Collection Procedures for Drug Testing and NON DOT Alcohol Testing Procedures for Corpus Christi Fire Department Collection Procedure. Attachment IV NON DOT Specimen Collection Procedures for Drug Testing and NON DOT Alcohol Testing Procedures for Police Department Collection Procedure. Attachment V covers DOT and NON DOT Laboratory Drug Testing Protocol. Attachment VI covers Medical Review Officer (MRO) service procedures. Attachment VII is the Fee Schedule. 1.1 SERVICES A. COLLECTION SERVICES Contractor /Service Provider hereby agrees to perform drug and alcohol testing services for City's employees and applicants, Fire Department employees and applicants, Police Department employees and applicants (collectively Donor) as an independent contractor for the City in accordance with procedures for Department of Transportation (DOT) drug and alcohol testing for applicable Donors which are in compliance with DOT regulations under Paragraph 40.81 of 49 C.F.R. 40, Federal Procedures for Transportation Workplace Drug and Alcohol Testing Programs, attached and incorporated as Attachment I, and in accordance with drug testing procedures for all other Donors consistent with and with the level of precision required for the federally approved DOT and NON DOT testing procedures, attached and incorporated as Attachment II, and in accordance with Fire and Police Department procedures, attached and incorporated as Attachments III and IV. Such services include, but are not limited to, the following: 1. A minimum of two collection sites (Facility), or provide one collection site and pick -up and delivery for occupation services, as described in Attachments I through IV, which meet the Facility requirements of Federal DOT and NON -DOT regulations as cited above, and are clean, well -lit and secured as provided for in these Attachments. A collection site (Facility), complete with locker, lock, and key which meets all requirements of Attachment I -IV incorporated herein is required for Fire and Police Department requirements. 2. Contractor /Service Provider must provide full collection services to City -Wide, Fire Department, and Police Department employees and applicants (Donors) covered by all City of Corpus Christi, Fire Department, and Police Department Alcohol and Drug Policies from Monday through Friday, 8 a.m. to 5 p.m., at Contractor /Service Provider's Facilities and for testing after hours (7 days a week including holidays) within one (1) hour after notification by pager by the Human Resources Director, Fire Chief, Police Chief, or designee(s). Contractor /Service Provider must make a designated Facility and a Collector of appropriate gender available for collection services. For DOT, NON -DOT, CDL City -Wide employees and applicants, Contractor /Service Provider shall provide full collection services to meet seasonal needs for full collection services, as required, by staying open until 6 p.m. each day and /or being open on Saturdays. 3. Contractor /Service Provider's collector must be specifically trained to carry out DOT and NON -DOT drug and alcohol collections successfully, or must be a licensed medical professional, or technician, who is provided instructions for collection, which comply with federal regulations, cited above, and the Collective Bargaining Agreement between City and the Police and Fire Associations. Contractor /Service Provider's collector performing evidentiary breath tests (EBT) must use EBT equipment 1) approved by the National Highway Traffic Safety Administration (NHTSA) for evidentiary testing of breath and 2) included on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL) and 3) that meets the requirements of Paragraph 40.229 of 49 CFR 40. The breath alcohol technician (BAT) must be trained to proficiency in the operation of the EBT to be used and in the alcohol testing procedures required by Paragraph 40.51 of 49 CFR 40. 4. The Contractor /Service Provider must conduct background investigations on laboratory and collection personnel involved in the collection of samples or handling of unsealed samples collected from City of Corpus Christi Police Officers. The Contractor /Service Provider must not use employees to perform services under this Agreement who have been arrested by members of the City of Corpus Christi Police Department or who have been convicted of a felony or misdemeanor crime involving dishonest conduct or the possession of illegal drugs. 5. Contractor /Service Provider's Collectors must be specifically trained, or be licensed medical professionals or licensed technicians, who have received specific training from Contractor /Service Provider to carry out drug and alcohol collections following the protocols as specifically set out in the Agreement and incorporated attachments and must perform these requirements accurately and consistently. 6. Contractor /Service Provider must provide sufficient staffing to allow monitored and direct observation drug specimen collections (as stated in Attachment III ) by Collectors of the same gender as the Donor for drug tests and to obtain specimens by direct observation if pre - approved by the Human Resources Director, Fire Chief, Police Chief, or designee. 7. Contractor /Service Provider shall provide competent and knowledgeable staff who strictly follow DOT, NON -DOT, CDL and Facility preparation requirements as established in Attachments I — IV prior to collection and who can consistently follow strict Custody and Control procedures for ALL drug testing collections to ensure the integrity of each specimen collection and transfer of the specimen to the laboratory while maintaining the Donor's privacy and the confidentiality of the collection process. 8. Contractor /Service Provider must provide a qualified supervisor for the Facility to ensure total compliance with established protocols and procedures set out in the Attachment I through IV and incorporated attachments; to provide facts regarding suspected adulteration of specimens; to coordinate with the Human Resources Director, Fire Chief, Police Chief or designee, and Contractor /Service Provider's personnel in resolving problems arising from any phase of the collection process; to supervise all aspects of the collection procedures including, but not limited to, maintaining collected specimens in a secured area prior to pick up by the courier; to oversee shipping of collected specimens to the drug testing laboratory following strict Custody and Control procedures and to ensure that every effort is made to minimize the number of persons handling specimens. 9. Contractor /Service Provider must provide Human Resources Director, or designee, with Contractor /Service Provider's courier's written procedure for the transportation of specimens to the laboratory which ensures confidentiality and integrity of the specimen. 10. Contractor /Service Provider must make collections of urine/blood specimens and breath samples, following procedures in the applicable Attachment, using a CCF to ensure the integrity of the specimen from collection to receipt by the laboratory, and maintaining collected specimens in a secured area prior to being picked up by the courier and transported to the laboratory. 11. Contractor /Service Provider must make its collection, laboratory, and MRO personnel available to the Human Resources Director, Fire Chief, Police Chief, or designee, for legal depositions, courtroom testimony, evaluation of chain -of custody procedures followed, and other related matters in relation to drug and alcohol testing in connection with claims, administrative hearings, arbitrations, lawsuits, or other proceedings arising from the City's reliance on such specimen collections. This testimony and availability is of the essence of this Agreement and failure of Contractor /Service Provider's personnel to be available for a "Proceeding" is grounds for termination. B. LABORATORY SERVICES (a) Specimen Storage and Transportation Collected specimens must be maintained in a secured area prior to pick up by the courier. The Contractor /Service Provider must ship the Specimen (both primary and split) to the Contractor /Service Provider's laboratory. Both parts of the Split Specimen (primary and split) must be placed in a single shipping container designed to minimize the possibility of damage during shipment together with copies 1, and 2, and the Split Specimen copy of the chain -of- custody form. The shipping container must be securely sealed to eliminate the possibility of undetected tampering. The Collector must ensure that the CCF documentation is enclosed in each container sealed for shipment to the drug testing laboratory. The Contractor /Service Provider will contact the specimen Collector and direct transport of the Specimens to the appropriate testing site in compliance with applicable regulatory procedures. Attachment V, Laboratory Requirements, must be followed. (b) Results (Availability) 1. Negative results on initial screen will usually be released to the Contractor /Service Provider's Medical Review Officer ( "MRO ") within forty -eight (48) hours after receipt of the specimen at Proposer's facility. 2. Confirmed positive test results shall be released to Contractor /Service Provider's MRO within seventy -two (72) hours after receipt of the specimen at Proposer's facility. 3. Holidays and weekend work schedules may alter the availability of results as described above. (c) Results (Delivery) Urine or blood specimens must be collected using custody -and- control procedures as provided in the applicable Attachment and tested by a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program. The testing laboratory must transmit all test results, in writing, directly to the Medical Review Officer (MRO). The Fire Department will pick up all results in person and by hand. Results for the Police Department shall be transmitted via electronic mail and Express Mail to the designated Police Department point -of- contact. Contractor /Service Provider must not communicate results verbally. Results from the laboratory may be transmitted verbally or by fax for DOT and NON -DOT City Employees, or pre - employment screening to the Human Resources Director, or designee. Contractor /Service Provider must discuss or provide additional information on results to the MRO and other personnel who may be designated by the Human Resources Director, in writing. Contractor /Service Provider must maintain Donor test records in confidence as required by applicable laws and regulations. (d) Supplies The Contractor /Service Provider must provide all supplies essential to the split- specimen collection (primary and split specimen portions), identification, packaging and transportation of specimens to the laboratory testing site or of a split specimen to a second laboratory which meets the required certification/accreditation requirements. (e) Chain -of- Custody Form CCF approved by the Human Resources Director, Fire Chief, Police Chief, or designee, must be used by Contractor /Service Provider to account for the integrity of each urine and blood specimen or breath sample by tracking its handling and storage from point of collection to final disposition. Collection Procedures incorporated in Attachment V are designed to disclose evidence of specimen tampering. Specimens arriving at the testing site showing signs of tampering or damage will be considered void and unqualified for testing. Contractor /Service Provider will notify the Human Resources Director, Fire Chief, Police Chief, or designee, in writing of any specimen it receives which shows any evidence of tampering or damage. (f) Coordination of Activities All drug testing services will be coordinated by Contractor /Service Provider's personnel, who will be responsible for setting up the Facility to ensure proper implementation of supply distribution, specimen transportation, results delivery, invoicing, and collection orientation. The Contractor /Service Provider will provide periodic training on custody- and - control collection procedures for the collection site personnel if requested by the Human Resources Director, Fire Chief, Police Chief, or designee. C. MEDICAL REVIEW OFFICER SERVICES The Medical Review Officer (MRO) for the City of Corpus Christi City -Wide, Fire Department, and Police Department's Alcohol and Drug Policies is required to be a licensed physician with knowledge of drug abuse disorders and certified as an MRO by the American Association of Medical Review Officers. Contractor /Service Provider must provide a physician to perform Medical Review Officer Services as an independent contractor for the City in accordance with the medical services and procedures set out in the attached Attachment VI including but not limited to the following: medical review of drug and alcohol laboratory test results, 2. maintenance of medical records for the drug testing program; provide statistical data reports to the Human Resources Director, Fire Chief, Police Chief, or designee, based on program test results; 4. assessing and state what an employee can and cannot perform for fitness of employees for return -to -duty or applicants' fitness for hire based on drug test results; 5. providing services, such as legal depositions, courtroom testimony, evaluation of test results and advice about medical matters in relation to drug and alcohol testing, as required by the City Attorney in connection with grievances, arbitrations, claims and lawsuits or other proceedings arising from the City's reliance on such test results. 2.1 FEES City will pay Contractor /Service Provider for services rendered by Contractor /Service Provider at the rate for each service quoted by Contractor /Service Provider in the Excel spreadsheet titled Proposer's Response RFP BI- 0048 -13 3.6A Pricing D &A, attached and incorporated. Contractor /Service Provider will invoice City monthly. City will pay invoices as approved by the Human Resources Director, Fire Chief, Police Chief, or designee, within 30 days of receipt of a valid invoice. City will not pay for services that are unsatisfactory or that have not been approved by the Human Resources Director, Fire Chief, Police Chief, or their respective designees. 2.2 FEES UPON TERMINATION Upon termination by written notice, a final accounting will be made of the fees payable to Contractor /Service Provider. The Human Resources Director, Fire Chief, Police Chief's good faith determination of the amount due in this regard is final and binding between the parties. As the City's right to cancel and terminate this Agreement is expressly retained, Contractor /Service Provider is not entitled to lost or anticipated profits if the City of Corpus Christi, exercises such right. 2.3 CITY'S REPRESENTATIVE The City's representative is the Human Resources Director, Fire Chief, Police Chief or their respective other City designees, who is authorized to direct Contractor /Service Provider to provide professional services related to testing of drug and alcohol specimens, and breath samples. All invoices, requests for payment, notices, or communications regarding this Agreement must be directed to the Human Resources Director, Fire Chief, Police Chief, or designee in accordance with the specified testing method. 3.1 TERM (a) This Agreement shall be for a one -year term with four one -year automatic extension periods. By submission of its proposal, the Proposer agrees that the cost and price information quoted in its proposal is fixed and firm for the duration of the term of this Agreement, provided that upon extension of the Agreement for an additional one -year period(s), the prices for the services to be delivered during the ensuing one -year period(s) may be increased or decreased to the extent of changes in the cost of material to the Contractor /Service Provider, as reflected in written documentation provided to the City by the Contractor /Service Provider. At the end of the original Agreement period or any extension period, if the City has not completed the procurement process and awarded a new Agreement, the City Manager, or his designee, may extend this Agreement on a month -to -month basis, through the begin date of a new contract, and at the pricing in place upon expiration of the most recent extension. (b) This Agreement automatically terminates on and as of the date any of the following occur: The filing of a petition in bankruptcy by either party; or the making by either party of an assignment for the benefit of creditors; or if any involuntary petition in bankruptcy or petition for an arrangement pursuant to the Bankruptcy Act is filed against either of the parties; or if a receiver is appointed for the business of either party, or any part thereof, or if either party by law, or otherwise, discontinues its operations for any reason whatsoever. (c) If either party fails to comply with any material term of this Agreement, the other party may, at its discretion, declare a default and terminate this Agreement upon thirty (30) days' written notice of its intention to so terminate, unless if within the notice period, the defaulting party has cured the default. (d) Following expiration or termination of this Agreement by either party, Contractor /Service Provider must continue to make available to City, upon reasonable prior written request, copies of documents and records relating to tests performed by Contractor /Service Provider under this Agreement and must provide specimen retention services, consultation by Contractor /Service Provider's scientific and medical personnel, and litigation assistance relating to tests performed prior to termination of this Agreement, at the fees set out in Excel spreadsheet titled Proposer's Response RFP BI- 0048 -13 3.6A Pricing D &A. Any such services for which a fee is not specified in Excel spreadsheet titled Proposer's Response RFP BI- 0048 -13 3.6A Pricing D &A, will be billed at Contractor /Service Provider's reasonable and customary fees for such services. 3.2 RIGHT TO TERMINATE The City Manager, or his designee, may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0048 -13. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The City's 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, or his designee, may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days' written notice to Contractor. However, City may terminate this Agreement on 24- hours' written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. If the City terminates its Contract under the foregoing paragraph, the City shall pay the Contractor for services actually performed prior to such termination, less such payments as have been previously made. Contractor shall not be entitled to any further compensation for work performed by the Contractor or anyone under its control or direction from the date of receipt of notice of cancellation including any and all costs related to the transferring of any files to another Contractor or any costs related to the electronic transfer of any information including, but not limited to, tape transfers, downloads, uploads, CD, etc. Within thirty (30) days of the date of termination of the Contract and at the Contractor's expense, the Contractor shall provide the City reproducible copies of all work completed or partially completed documents prepared under the Contract — all such documents thereinafter being the sole property of the City. 4.1 RECORDS BELONG TO CITY All Records compiled by Contractor /Service Provider, it's employees, contractors, and agents, including without limitation Contractor /Service Provider's MRO, (collectively called Contractor /Service Provider's Agent) are compiled for the City to use in determining whether a Donor uses or has used drugs or alcohol. All records belong to the City. Contractor /Service Provider is the designated custodian of these Records, with certain Records in the custody of Contractor /Service Provider's MRO. All Records are compiled pursuant to a waiver signed by the Donor that authorizes Contractor /Service Provider to provide the Records to the Human Resources Director, Fire Chief, or Police Chief. It is the essence of this Agreement that Contractor /Service Provider provide all Records to the Human Resources Director, Fire Chief, or Police Chief, when requested. 4.2 NO DOCTOR - PATIENT RELATIONSHIP Contractor /Service Provider and its Agent (specifically including Contractor /Service Provider's MRO) have no Doctor - Patient relationship with any Donor who provides a urine or blood specimen, or breath sample for drug or alcohol testing, or information during personal interviews between a Donor and Contractor /Service Provider's Agent with regard to drug and alcohol testing only. Contractor /Service Provider does have a relationship with City, which is purchasing its Services. 4.3 RECORDS NOT CONFIDENTIAL All Records compiled by Contractor /Service Provider and Contractor /Service Provider's Agent (specifically including Contractor /Service Provider's MRO) from information and samples provided by a Donor are compiled for the City and belong to the city. If Contractor /Service Provider or it's Agent believes that information provided by a Donor is confidential and chooses to redact that information, or conversely fails to redact confidential information, then Contractor /Service Provider agrees to indemnify City for all damages incurred by City due to Contractor /Service Provider or it's Agent's redaction of, or failure to redact, confidential information from the Records. 4.4 RECORDS UPON TERMINATION Upon termination by either party, Contractor /Service Provider must within thirty (30) days deliver to the Human Resources Director all records, and files, as requested by the Human Resources Director. Books, Records, and other evidence pertaining to the drug and alcohol testing services performed under this Agreement which are retained by the Contractor /Service Provider must be maintained for five (5) years after termination or expiration of this Agreement, or, if a lawsuit or arbitration of this Agreement, or if a lawsuit or arbitration is pending, until a final decision is reached. All such Records and files and such other material maintained by the Contractor /Service Provider after termination of the Agreement must be made available to the Human Resources Director or designee at all reasonable times during the term of this Agreement for inspection or audit by the City Manager. 5.0 INSURANCE Before activities can begin under this Agreement, a Certificate of Insurance as proof of the required insurance coverage must be delivered to the Human Resources Director or designee, which provides, at a minimum, the amounts of coverage as detailed in Section 2.39 "Insurance Provisions" of the RFP. 6.0 CERTIFICATIONS (1) The Contractor /Service Provider must use a laboratory, for initial and confirmation drug testing and for breath or blood alcohol testing services performed under this Agreement, which is certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program and must provide documentation of this certification as required in the RFP. Any changes in laboratory certification status or in the specific S.A.M.H.S.A. and C.A.P. laboratory used by Contractor /Service Provider must be reported to the Human Resources Director, or designee prior to such change. Any re- certification/re - accreditation by Laboratory must be reported to the City's Human Resources Director, in writing, within thirty (30) days after such re-certification/re- accreditation. (2) A copy of the Physician's Medical Review Officer Certification from the American Association of Medical Review Officers must be provided to the City prior to commencement of services. The Human Resources Director, or designee, must be notified within thirty (30) days of any change in the MRO's certification status, re- certification or renewal of certification obtained by the Contractor /Service Provider's designated physician performing MRO services under this Agreement. 7.0 TESTIMONY Proposer's Agent's testimony (specifically including MRO's testimony) both in preparation for any "Proceeding" and at the actual "Proceeding" itself, which concerns any drug and alcohol collection, test, evaluation, or MRO services provided by Contractor /Service Provider or It's Agent is the essence of this Agreement "Testimony ". Testimony from Contractor /Service Provider's Agent is absolutely essential for the City to defend any grievance, arbitration, or lawsuit that results from any donor challenging City's actions based on the results of that Donor's drug or alcohol urine/blood specimen or breath sample that was collected, tested, or evaluated by Contractor /Service Provider or It's Agent or reviewed by Contractor /Service Provider's MRO. Said grievance, arbitration, or lawsuit and preparation for same is collectively called "Proceeding ". The failure of Contractor /Service Provider or It's Agent to appear in person to provide Testimony for any Proceeding is grounds for the City Manager to terminate this Agreement, or, alternatively, require Contractor /Service Provider to pay all of City's costs in preparing for and defending said Proceeding. At a minimum, the costs of a Proceeding include all Legal Staff time (Attorney's time will be billed at standard community rates for Attorneys of comparable experience; ditto secretarial and paralegal time; ditto copies made for exhibits prepared for the Proceeding) and costs, all Human Resources staff time and costs, all staff time and costs for the department whose employee or applicant (i.e. Donor) caused the Proceeding to occur [NOTE: in the case of Police and Fire Departments this may include overtime costs], and all expert witness fees, including the cost of Contractor /Service Provider's MRO's fees and any Arbitrator's Fees. The failure of Contractor /Service Provider's Agent (specifically including Contractor /Service Provider's MRO) to appear in person and give live Testimony at a Proceeding is presumed to be the reason that City lost the Proceeding. City's costs in an arbitration Proceeding that is decided against the City include all the arbitration costs. 7.1 CONTACT PERSON Contractor /Service Provider must provide the name, address, phone number, and fax number of a single person who has the authority to schedule times for Contractor /Service Provider's Agents (specifically including Contractor /Service Provider's MRO) to provide live, in person Testimony for Proceedings, (this person with authority to schedule is the "Contact Person "). The Contact Person must talk to the Human Resources Director, (which by definition includes designees), about possible dates for Testimony within one City of Corpus Christi business day and confirm dates that Contractor /Service Provider's Agent (including Contractor /Service Provider's MRO) are available for live, in person Testimony for a Proceeding within eight (8) business days. 7.2 WAIVER OF LIVE TESTIMONY Only the Hearing Examiner in a Proceeding (e.g. chairperson of the Civil Service Board or Commission, Judge, Arbitrator collectively called "Hearing Examiner" herein) has the authority to provide a prior written waiver that any Contractor /Service Provider's Agent (specifically including Contractor /Service Provider's MRO) does not have to appear in person and give live Testimony. It is the obligation of any Contractor /Service Provider's Agent who wishes to not appear in person and give live Testimony to make prior written arrangements with the Hearing Examiner and copy the Human Resources Director, and the City Attorney at (361) 880 -3239 with all correspondence between Contractor /Service Provider's Agent and the Hearing Examiner. Simply because a Contractor /Service Provider's Agent obtained the Hearing Examiner's prior written approval to not appear in person and give live Testimony does not rebut the presumption that the failure to give live Testimony is why the City lost the Proceeding. 8.0 MISCELLANEOUS a. Applicable laws and venue Contractor /Service Provider must comply with all applicable federal and state laws and all applicable rules and regulations promulgated by local, state and federal agencies. This Agreement must be enforced in Nueces County, Texas, and must be governed and construed in accordance with the laws of the State of Texas. b. Notices All notices required under this Agreement must be in writing, personally delivered or sent by certified mail, return receipt requested, addressed to the other party as follows. IF TO CITY: City of Corpus Christi 1201 Leopard 78401 P.O. Box 9277 78469 Corpus Christi, Texas Phone #(361) 880 -3315 Fax #(361) 880 -3322 Attention: Yasmine Chapman Director of Human Resources AND Chief Robert Rocha Fire Department, City of Corpus Christi 2406 Leopard Street Corpus Christi, Texas 78408 Phone # (361) 880 -3900; Fax # (361) 887 -8053. AND Floyd Simpson, Chief of Police Police Department City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 IF TO CONTRACTOR/SERVICE PROVIDER: Name of Organization: Nueces Emergency Services Name of Individual: Dr. J. Keith Rose, M.D. Title: President Address: 4637 SPID City: Corpus Christi State: TX Telephone Number: 361-241-1116 Facsimile Number: 361 - 242 -1116 E -mail Address: keithr @doctors - center.com Either party may change its address to which written notice must be sent as provided in this section. C. Force Majeure Neither party will be liable for failure to perform any duty or obligation that either may have under this Agreement where such failure has been caused by any act of God, fire, strike, inevitable accident, war or any cause outside the reasonable control of the parry who had the duty to perform. d. Waiver The failure of either party to exercise or enforce any right conferred upon it hereunder will not waive any such right nor bar the exercise of performance thereof at any time or times thereafter; nor is City's waiver of any right hereunder at any time, including rights to any payment, a waiver thereof for any other time. e. Non - assignment This Agreement must not be assigned or transferred by Contractor /Service Provider without the prior written consent of the City Manager, or designee. Contractor /Service Provider is at all times solely responsible for the provision of the drug and alcohol specimen collection, testing, laboratory and MRO services and the competency of services provided hereunder, whether accomplished through its officers and employees or through its agents or subcontractors. L Severability If any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties will, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of the Agreement not declared illegal, invalid or unenforceable remains valid and effective for the term remaining unless the provision found illegal, invalid or unenforceable goes to the essence of this Agreement. g. Legislative Modification Notwithstanding any other provision to the contrary, if any federal, state, or local law, rule, regulation, or interpretation thereof at any time during the term of this Agreement prohibits, restricts, or in any way materially changes the type of services rendered under this Agreement, then this Agreement may, in good faith, be amended by the parties to provide for payment of compensation in a manner consistent with any such prohibition, restriction, or limitation; otherwise, this Agreement remains in full force and effect. With respect to any other prohibition, restriction, or change that causes this Agreement to be impermissible or materially different in its effect than contemplated herein, the parties hereto will, in good faith, negotiate and amend this Agreement to cause their relationship to be as consistent as possible with that which is created herein; if this Agreement is not so amended in writing prior to the effective date of said prohibition, restriction, or change, this Agreement terminates on that date or as agreed in writing by the parties. h. Section Headings Section headings contained in this Agreement are for reference purposes only and do not affect, in any way, the meaning and interpretation of this Agreement. i. Confidentiality Contractor /Service Provider acknowledges that in the course of providing services under this Agreement, it may be privy to certain confidential information of the City and Donors, including but not limited to laboratory testing results, Donor medical records, and other confidential documents or information. Contractor /Service Provider agrees and directs all of Contractor /Service Provider's Agents that it, its employees and agents, must not directly or indirectly divulge or disclose to third persons any of such confidential information, except as specifically authorized or directed in writing by the Human Resources Director, Fire Chief, Police Chief, or designee. Contractor /Service Provider must advise Contractor /Service Provider's employees and agents having access to such information of the confidential nature of such information and must take reasonable steps to inform each Contractor /Service Provider's employees and agent's to preserve the confidentiality of such information and materials. Contractor /Service Provider and Contractor /Service Provider's employee's and agent's obligation under this provision must survive the expiration and /or termination of this Agreement. j. Indemnification PROPOSER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER HIND 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 THE CONTRACT OR THE PERFORMANCE OF THE 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. PROPOSER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF PROPOSER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THE CONTRACT. k. Notice of Claim The Human Resources Director, will promptly notify Contractor /Service Provider of any claim asserted against it for which such indemnification is sought, and will promptly deliver to Contractor /Service Provider a true copy of any such claim including, but not limited to, a true copy of any summons or other process, pleading or notice issued in any lawsuit or other proceeding to assert or enforce such claim. The City Manager may participate in such investigation, trial and defense of such lawsuit or action and any appeal arising therefrom. The City, its officers, employees, agents, and representatives will provide full cooperation to the Contractor /Service Provider at all times during the pendency of the claim or lawsuit, including, without limitation, providing Contractor /Service Provider with all available information concerning the claims. 1. Non - Appropriations The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, will be subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it is within the sole discretion of City Council to determine whether to fund this Agreement. m. Whole Agreement This Agreement and its Attachments contain all commitments and agreements of the parties hereto, superseding any previous agreements between the parties, and no modification of this Agreement may be made except by written amendment executed by the duly authorized representatives of the parties hereto. SIGNED this day of, 2013 CONTRA TOR: Name: Title: CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services Incorporated by reference: Exhibit A: RFP No. BI- 0048 -13 Exhibit B: Proposer's Proposal Exhibit C: Clarification/Additional Service CITY OF CORPUS CHRISTI PURCHASING DIVISION EXHIBIT C The City of Corpus Christi (City) and Nueces Emergency Services d.b.a. The Doctor's Center (referred to as "Contractor ") do hereby agree to the following: Section E, 9 (a), SPECIMEN COLLECTION PROCEDURES, OF ATTACHMENT III to Request for Proposal No. BI- 0071 -08 and styled Fire Department, COLLECTION PROCEDURES FOR DRUG AND ALCOHOL TESTING, is hereby revised to read: In the case of random testing (at a Fire Department facility) the unsuccessful Donor or Donor(s) shall be allocated an additional fifteen (15) minutes after the last successful Donor. If Donor(s) are not able to submit the required amount of specimen, the collector shall leave the Fire Department facility and the Donor(s) shall continue to consume reasonable quantities of fluids. Once the Donor(s) is ready to attempt to submit the required amount of specimen, the collector shall be called back to the Fire Department facility by Fire personnel. The collector shall return to the Fire Department facility as soon as practicable. The Donor(s) will have a period of up to 8 hours from the beginning of the collection procedure to submit the required amount of specimen. All testing will be conducted on -site, except for personnel assigned to Training, Fire Prevention & Arson, and Administration. Personnel not tested on -site will be required to report to a designated lab within 3 hours of notification by their supervisor. Hair follicle testing shall be at a cost of $75 /test (collection and testing). IN WITNESS WHEREOF, the parties hereto have affixed their signature. CITY OF CORPUS CHRISTI THE DOCTORS' CENTER Michael Barrera Date J. Keith Rose, M.D. Date Assistant Director of Financial Services President Page 1 of 2 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: April 24, 2013 Jody Leake, Assistant City Attorney THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 2 Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla G. Leal Colleen McIntyre Rudy Garza Jr. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CALALLEN INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Calallen Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District campus, a Flour Bluff Independent School District school campus; as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed flee of $100.00 per bus and provide District- employed school bus drivers to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 17, 2013 and ends August 9, 2013. 1 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $100.00 per bus per round trip. This payment shall: be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Calallen ISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 2 10. Current Revenue. All money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Approved as to legal form April, 24 2013. By: J y Lee, As tan torney CALALLEN INDEPENDENT SCHOOL DISTRICT By: Cu Name: 4u ro A Yrf Title: o oen ; Date: ( .30?a0I_9� 12013. 3 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor APPROVED: April 24, 2013 Jody Leake, Assistant City Attorney Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla G. Leal Colleen McIntyre Rudy Garza Jr. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interiocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting Intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of District school campuses, a Calallen Independent School District school campus and a Flour Bluff Independent School District school campus, and the City also sponsors youth recreation program during the terms of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $2.00 per mile and provide District - employed school bus drivers at fixed rate of $20.00 per hour to transport the Summer program participants from their respective campuses to the various activity sites. NOM, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: i. Term. This Agreement begins June 17, 2013 and ends August 9, 2013. 1 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration, The City shall pay the District $2.00 per mile for each mile traveled From the District's bus barn to the activity site and back to the District's bus barn. Additionally, the City shall pay the District for District - employed school bus driver services performed at rate of $20.00 per hour on a prorated basis. These payments shalt be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from CCISD, or their designee, forthe number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 81 Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, and youth recreation program sites and activity sites, 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City 2 Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. Ail money spent for transportation for the Summer Program, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11, Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Approved as to legal form April, 24 2013 By: r Joly-rea e, s grey CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By. See Attached..Pagp. Name: Title: Date: 3 DISTRICT: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT P.O. Box 110 Corpus Christi, Texas 78403 -0110 By:.. Date: '5-ltl h, D. I Scott Eiliff, Ed.D. Superintendent of Schools Reviewed and Approved for Purchasing Compliance { SY: 71 A Date: 3I13 Bria r A, C.P.M Directo for Purchasing and Distribution Approved as to Legal Form BY= �f "�' -- Date; r •Z�c� John J. Anssen General Counsel for CCISD Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor APPROVED: April 24, 2013 Jody Leake, Assistant City Attorney Corpus Christi, Texas of , 2013 The above resolution was passed by the following vote: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla G. Leal Colleen McIntyre Rudy Garza Jr. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Flour Bluff Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Corpus Christi Independent School District's school campuses, a Calallen Independent School District school campus, Flour Bluff Independent School District campus during the term of this. Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to consider requests to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $4.78 per mile to transport the Summer Program participants from their respective campuses to the various activity sites; NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 17, 2013 and ends August 9, 2013. 2. Services to be provided. District shall review and consider requests to provide its District school buses (including ADA accessible school buses) and District - employed school 1 bus drivers as needed by the City for transportation for City Summer Program field trip activities. Transportation requests will be considered on a trip by trip basis dependent on the availability of buses and staff. 3. Consideration. The City shall pay the District 4.78 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. This payment shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 6. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from Flour Bluff ISD, or their.designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. Transportation requests will be placed no later than seven days prior to date of departure. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 2 10. Current Revenue. All money spent for transportation by the City for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the ATTEST: Armando Chapa City Secretary day of , 2013. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Approved as to legal form April, 24 2013. By: .to Leal , As istant ney FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT By: COQ *Lffnk Name: n A(-. AA (f(c) cM Title: "L Date: - 3 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 CCISD Interlocal Agreement for 2013 Summer Food Program CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. PURPOSE: To allow the Corpus Christi Independent School District to provide summer food services for the 2013 Summer Food Program. BACKGROUND AND FINDINGS: The Corpus Christi Independent School District has provided summer food services for the Summer Food Program in previous years. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT Operating /Revenue Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 1250,000 1 1 2507000 BALANCE 1 12507000 1 1250700 0 Fund(s): Grant Fund 1067 Comments: No local grant match required. RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution, Interlocal Agreement Page 1 of 1 Resolution authorizing City Manager, or designee, to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation. A copy of the Agreement is on file in the City Secretary's Office. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of CITY OF CORPUS CHRISTI Nelda Martinez Mayor 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 1 of 3 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home -rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring summer recreational programs for children from June 17, 2013, to August 9, 2013, at which food will be served (Summer Food Program); and WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of milk and juice (hereinafter collectively referred to as Meals), to the City for a fixed fee. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 17, 2013 and ends August 9, 2013, 2. Consideration. The City shall pay the District $3.10 per lunch meal and $.76 per snack meal. 3. Billing. The District shall bill the City on a monthly basis for all Meals provided to the City. The City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 4. Nutritional Assurances. The District assures that each Meal will meet the minimum nutrition value and content requirements, in accordance with the Texas Department of Agriculture FY 2013 Summer Food Service Program regulations. 5. Recordkeeping. A. The District must maintain full and accurate records including, but not limited to, the following: 1. Menu records (Menu Records), including the amount of food prepared; and 2. Meal records (Meal Records), including the daily number of Meals delivered by type. B. The District must provide monthly reports of Menu Records and Meal Records to the City's Director of Programs, or designee, within ten business days following the end of each month during which Meals are provided. Page 2of3 C. The District must retain the Menu Records and Meal Records for 3 years and 90 days, or so long as an audit is in progress. The District must make all records and accounts pertaining to this Summer Food Program available to representatives of the United States Department of Agriculture and the General Accounting Office for audit or administrative review at a reasonable time and place. 6. Food Service Operations. The District will maintain its food service operations at the District's facility during the term of this Agreement as a part of the consideration. 7. Workers. The food service workers will continue to be the District's employees for the term of this Agreement and, therefore, subject to the District's board policies and regulations. Their salaries and benefits, if any, will be paid out of the City's consideration payments set out above. B. Coordination. The City's Director of Parks and Recreation, or designee, shall place a weekly order with Jody Houston, the District's appointed representative, or designee, for the number of Meals by type needed, the sites at which the Meals are needed, and the time at which the Meals must arrive at each site. 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing Meals for the Summer Food Program sites and activity sites and is not for the benefit of any third party or individual. 10. Current Revenue. All money spent for this Summer Food Program through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make these agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the CITY OF CORPUS CHRISTI ATTEST: Armando Chapa City Secretary Approved o O'C'14 —A __CA Lisa Agui*) Assistant City Attorney for the City Attorney day of CITY OF CORPUS CHRISTI Ronald L. Olson City Manager K1193 Page 3 of 3 CARPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: -� Name: Scott Elliff Ed.D Superintendent Date: Approved as to legal form By, IrAff vt = Name. John Janssen, General Counsel for CCISD Date: V -4 I �r t/g/ By: Name: Eva FTSBA, C.P.M. Director for Purchasing Date: /,9 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Use of Permanent Art Trust funds to complete sculpture installation CAPTION: Motion to approve expenditure up to $20,000 of Permanent Art Trust Fund for expenses related to installation of Gron art sculpture at Corpus Christi Police Department. PURPOSE: To approve Arts and Cultural Commission's recommendation to use Permanent Art Trust Funds for the installation of a sculpture by Jack Gron at the Downtown Police Station. BACKGROUND AND FINDINGS: In October 2010, City Council approved the purchase of a sculpture created by artist Jack Gron funded with Percent for Art program dollars from the Police Station CIP Bond Fund 3340. Originally, the sculpture was to be installed directly onto the exterior wall of the building, but due to structural issues, the bronze and aluminum sculpture needed to be mounted to a specifically designed `wall' that would be fabricated locally. As per municipal code, disbursements from the Permanent Art Trust Fund are recommended by the Arts and Cultural Commission to the City Council for approval by motion. The Arts and Cultural Commission voted to recommend using Permanent Art Trust funds to fund the fabrication of the free - standing wall to complete the Gron sculpture installation at their December 11, 2012 meeting. ALTERNATIVES: Do not approve funding request. General funds would be used to complete sculpture installation. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council action is required for use of Permanent Art Trust funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT: Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 20,000 20,000 Encumbered / Expended Amount This item BALANCE 20,000 20,000 Fund(s): Community Enrichment Fund 4720 Comments: none RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Attachment — Installation of Gron sculpture Attachment Installation of Free - Standing Wall for Jack Gron sculpture Police Department Building April 2013 SMALL. CONSTRUCTION CONTRACT AGREEMENT _._._ .. .................................... ......._...._.........._...... . _..... __..._.._ _ ... _.._ .. .. _ THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This CONSTRUCTION AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ( "CITY"), acting through its duly authorized City Manager or designee, the Director of Engineering Services or City Engineer, and GOURLEY CONTRACTING ( "CONTRACTOR"), acting by and through its duly authorized representative, James Gourley, Owner. The parties agree as follows: W ITN ESSETH: 1. CONTRACTOR shall construct and complete certain improvements in accordance with the plans and specifications described in Exhibit "A" (attached and incorporated herein), perform all work as provided in said plans and specifications, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work "). The CITY- reserves the right to make such changes in the plans and specifications and in the character of the work as. may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and incidentals necessary to the prosecution of the Work unless otherwise provided by the written terms of the plans and specifications. 2. The work described in Exhibit "A" shall be completed within 100 Calendar Days of Notice To Proceed. 3. In consideration of the completion of the above - described Work, the CITY agrees to pay to CONTRACTOR the lump sum amount of $17 &A%2Q SEVENTIEEN THQU.SAND EIGHT HUNDRED AND I T for City !LqLqgt- ftofn SCUlptutre ingtallation. Said payment shall be conditioned upon the acceptance of the work by the "CITY" as certified by its final inspection following the receipt of notice from the "CONTRACTOR" that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment is made, the "CONTRACTOR" shall clean and remove from the work site all surplus and discarded materials, temporary structures, and debris of every kind in order to leave the work site in a neat, orderly condition, equal to that which originally existed. The "CONTRACTOR shall submit a notarized affidavit that bills for all labor, equipment, materials and supplies associated with the project have been paid before final payment is released. Agreement Page 1 of 4 4. All work shall be performed in a workmanlike manner and to the satisfaction of the CITY. The CITY -shall determine-the quality-and acceptability of materials furnished, work performed, manner of performance, rate of progress of the Work, sequence of construction, and interpretation of the plans and specifications. S. The CONTRACTOR agrees to comply with all insurance requirements as contained in Exbibit "B" (Insurance Requirements) and Notice To Contractors B (Worker's Compensation Coverage for Building or Construction Projects for Government Entities). 6. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 7. The CONTRACTOR shall furnish the CITY a Payment Bond equal to 1000/0 of the total contract amount, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in this contract, and for the use and protection of each claimant. A Payment Bond will not be required if the agreement amount does not exceed $25,000.00. If the award amount exceeds $25,000.00, a Payment Bond will be required, The Payment Bond will be for 100% of the total amount awarded. The Power of Attorney submitted with the Payment Bond will be one with original (wet) signatures or a certification of Power of Attorney signed by an officer of the surety, which will also be accepted. The surety company must designate a local resident agent in Nueces County. A bond that is given to the City under this contract must be executed by a surety company that is authorized and admitted to write surety bonds in the State of Texas. S. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY, Agreement Page 2 of 4 EXHIBIT A _ .. ................. .. STATEMENT. OE.. WORK. ..... _...._... _..... _.._ ......._ _ .._._ ..... . To provide labor and materials for pouring one concrete foundation with 2 holes approximately 36" wide for post on freestanding wall. To provide labor and materials for fabrication of one (1) steel tube sign frame Hot Dipped Galvanized with 1/4" Powder coated (Standard Color) mounting plate. To provide labor and equipment to deliver and install sculpture piece at 321 John Sartain St, Corpus Christi, Texas. PERMITS & FEES K6111140 $ 144.00 FOUNDATION 3,581.00 2 Holes approx. 36" wide for post on free standing wall Includes: Mobilization, labor, equipment and materials. Cut out of 6" sidewalk. METALS METAL FABRICATIONS 11,839.00 Furnish labor and materials for fabrication of one (1) Steel tube sign frame Hot Dipped Galvanized with 1/4" Powder coated (standard color) mounting plate. DELIVERY AND INSTALLATION 1,292.00 Provide Labor and Equipment to Deliver and install Sculpture piece. ENGINEERING FEE TOTAL Agreement Page 4 of 4 — -0i- - -i $ 17,838.00 Exhibit 8 N URA C IREM M ...... . IIV TAt TIO T CTOR'S L A81 ITY I ill NCE. A. Installation Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Installation. Contractor must not allow any subcontractor to commence work until all similar insurance-required -of the subcontractor has beon'so obtained. B. Installation Contractor must furnish to the City's Disk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements; showing the fallowing 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. A Waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGR SO -Day Notice of Cancellation requirod on all Bodily Injury and property Damage certificates or by applicable policy endorsements Per occurrence - aggregate Commercial General Liability Including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Promises— Operations 3. Products/ Completed. Operations 4. Contractual Liability 5. Independent Contractors 0. Porsonal Injury 1 Advertising Injury Automobile Liability $500,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired & Non -owned vehicles Installation Floater For value of sculpture, lighting, pedestal and walkway Applicable while on city property WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKl~RS' COMPENSATION AOT ANI) SECTION II OF THM EXHIBIT EMPLOYERS' LIABILITY $600.0001$600.000/$600,000 C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. 5 ADDITIONAL. REQUIREMENT A. ont ,ctar must .obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy with endorsements approved by the Teaaa$ Department of insurance. The coverage provided must be in amounts sufficient to "bssure -that till workers' carnpsnsatiori x bligatiaris ihbiirr6d Will ' ber ort thotly met. B. Contractor's financial Integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain In full force and efFerzt for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no leas than A- Vll. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and ail endorsements thereto as they apply to the limitc 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 pollcies). Contractor 'shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 76169 -9277 (361) 926.4555- Fox tip D. Contractor agrees that with respect to the above roquilmd Insurance, all Insurance policies are to contain or, be endorsod to contain tho-following required provielonq: « Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named Insured performed under 'contract with the City, with the exception of the workers' compensation and professional liability polices; Ft .. • 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, end not less than ten (10) calendar days advance written notice for nonpayment of premium. E Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse In coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. R In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and /or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. C. Nothing herein contained shall be construed as limiting In any way the extent to which Contractor may be hold responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any Insurance or self insurance cardod by the City of Corpus Christi for liability arising out of operations under this agreement. ' It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreetrrent. 7 Jack Gron Sculpture - Installation Bids Jan -13 Industrial Fabricators Attn: Tom Painschab 300 Fabrication of sign & does not McBride Lane Corpus $11,375 12 weeks N include Christi, 78408 ph: 361- delivery to site setting of 289 -0901 1wall Medina Construction 525 Does not Giaxebrook Ste. D Corpus Drilling, Concrete & Labor $8,580 N include Christi, 78404 ph /fax: 361- fabrication of 334 -4376 sign Texas Ripe Fabricators attn: David Eden 709 Request for bid sent High Starr Drive Corpus 12/26/2bid No Response N Christi, 78469 ph: 361 -882 5541 Melissa Wheaton 410 S. Enterprise Parkway Request for bid sent Corpus Christi, 78405 ph: 12/27/2012 No Response Y 361- 299 -1801 fax: 361 - 299 -1804 NCI • �w"��� o ro4,�.- � ✓�u.ed 4.s � S+�e�.( -1 C� s'lr�c�,`�. �,n,k -►•mot �� art �F � � , 2.7� • ® o �t �t 4ip �L ti. sw fia go 2 -4 a U ►ten w cn Q l"A 9 W-1) �i 2001100' 9559 fi9B L9f±f 0 6UIPUJIu0j-- A0 fan00 X E L C LOV001 L 0 Ch r1 r� � w ` (Y) a U ►ten w cn Q l"A 9 W-1) �i 2001100' 9559 fi9B L9f±f 0 6UIPUJIu0j-- A0 fan00 X E L C LOV001 L 0 1x4X X e�{�nrrlSr"rie�er Ctirlire,� i�Irrts�l, :l'c►,�rtts 6+1144 S �A44 J, 01 W el, l� �City Sculpaire (itl'neral Notov: 1. All struatixral steal members shall have a minimum ykeld etrrsngth of 30 kal unlesv noted otherw#ge, 2, All Welded ooniaeotrialzs oball lleLve a strangth At 115ast equoil to the f4 eAgth of tote Individual nxraxx7.beir urxlese otherwise approved by engineer. a, All cowarete usod for the foundation shall h,%ve a minithum oompressive strength of 3001D get. C All Anembers, bolt *, nuts. etc must be galvartized. ra ZOolzoerd 9595 MR 1900 Oulja11aj1jeg'"rtelana9 gg:Sl SIOZ1V41LO r r % "lx a Halts •Weld or Veit RAW � dancing r 41 � 1• AM x i-g arn�g "x4° lta�dzanlnl ! i 1 '; s' 4 a P4ctalar �• U "Xd "lt.iiR�° R64temole TOP, COAL " p't VA" xhra DOW 6 *1 x O.ps-' w 10! die., �rmtvtmvnw�tswYnaeunxvsct�br . h +rsnx�,�gw��v��m � w w1m1,Y A y b ' 'M6" (Min) P i J, a , A (itl'neral Notov: 1. All struatixral steal members shall have a minimum ykeld etrrsngth of 30 kal unlesv noted otherw#ge, 2, All Welded ooniaeotrialzs oball lleLve a strangth At 115ast equoil to the f4 eAgth of tote Individual nxraxx7.beir urxlese otherwise approved by engineer. a, All cowarete usod for the foundation shall h,%ve a minithum oompressive strength of 3001D get. C All Anembers, bolt *, nuts. etc must be galvartized. ra ZOolzoerd 9595 MR 1900 Oulja11aj1jeg'"rtelana9 gg:Sl SIOZ1V41LO aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 16, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Contract International Boulevard Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with RVE, Inc. from Corpus Christi, Texas in the amount of $147,850.00, for International Boulevard from State Highway 44 through the Corpus Christi International Airport, 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 RVE, Inc. for International Boulevard. BACKGROUND AND FINDINGS: This project includes a combination of full depth pavement repair and resurfacing the existing entrance roadway looping from State Highway 44 through the Corpus Christi International Airport, with associated infrastructure improvements. If within the project budget, relocation of two overhead signs with new signage, landscaping and irrigation, and assessment of underground storm water improvements will also be considered. RVE, 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 RVE, Inc. as proposed. 2. Do not execute the Contract for Professional Services with RVE, Inc. as proposed. OTHER CONSIDERATIONS: 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. K: \ENGINEERING \LEGISTAR \3 - MAY 28 \INTERNATIONAL BOULEVARD \AGENDA MEMO - INTERNATIONAL BOULEVARD.DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. RVE, 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: Not applicable 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 $287,000.00 $1,463,000.00 $1,750,000.00 Encumbered /Expended Amount This item $147,850.00 $0.00 $147,850.00 Future Anticipated $139,150.00 $1,460,225.00 $1,599,375.00 Expenditures This Project BALANCE $0.00 $2,775.00 $2,775.00 Fund(s): Streets Bond Issue 2012 and Utilities CIP Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $147,850.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with RVE, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING \LEGISTAR \3 - MAY 28 \INTERNATIONAL BOULEVARD \AGENDA MEMO - INTERNATIONAL BOULEVARD.DOCA PROJECT BUDGET ESTIMATE International Boulevard E12137 April 30, 2013 PROJECT FUNDS AVAILABLE: Bond 2012 $ 800,000.00 Utilities 700,000.00 Airport (Pending Department Authorization) 250,000.00 Project Total 1,750,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... 1,312,500.00 Contingency ( 10%) ................................................................ ............................... 131,250.00 Design Fees: Engineer ( RVE) ..................................................................... ............................... 147,850.00 Geotechnical Study and Testing (TBD) 30,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 39,375.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... 61,250.00 Finance............................................................................... ............................... 17,500.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 7,500.00 TOTAL................................................................................ ............................... $ 1,747,225.00 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 2,775.00 mow] 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 authorize4i City Manager or Designee (Director of Engineering Services) and RVE, Inc., a Texa,�� corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT International Boulevard Improvements (2012 Bond Issum Proposition 8) - Project No. E12137 I "7�WTMFPF - 11117171,1121 . A, 11 1 -1 .-- - pavement repair and resurfacing the existing entrance roadway looping from State Highway 44 through the Corpus Christi International Airport. The construction budget for the project is $600,000 (street) + $38,1,000 (storm water) + $78,000 (water) + $66,000 (wastewater) = $1,125,000, and an additional $187,500 may also be incorporated into the construction budget, pending availability of funds from the Department of Aviation, RVE, Inc. will design paving and other improvements as stated above that are constructible within the stipulated construction budgets. The designs of other improvements, • improvements stated above that exceed the construction budget are not included in the scope of services provided under this Contract. AIE services will be "Services for Construction Projects"- (Basic Services for Construction Mciffem : ce will be considered as Basic Services. a " 1 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. A/E agrees to the mandatory contract and insurance requirements as set forth in Exhibit "B", mom= The City will pay the A/E a fee, as described in Exhibit "A", for providing servic-M authorized, a total fee not to exceed $147,850.00, (One Hundred Forty Seven Thousa Eight Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted accordance with Exhibit romvzls-11,7111110!� 2 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. 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 (SA.) CONTRACT FOR ENGINEERING (AiE) SERVICES Page 2 of 4 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 AIE 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. 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. M The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by an insurance company acceptable to the City. The Consultant further agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 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. RV 3l �7 Pam &-b..Ve eto, P.E. Date 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office (361) 887-8855 Fax CONTRACT FOR ENGINEERING (AIE) SERVICES Page 3 of 4 //, Lz--24�,� ;�-&- ��b 5-aWiel Bdes, Date Director of Engineering FMIRIMILP ,. #. - City Attorney s Source No. a Water CIP Bond 2012 Wastewater CIP ��® Sul • ' � F IIIIIIII� � • � "� • � � ! � ■ '. aF • . f ■ +. �. Bond 2012 LV# • 6TI$ Me 3 s s • # i• Ik y•s iilii i ! • i • 'F y s` i i Ii ENTERED CONTRACT FOR ENGINEERING (AIE) SERVICES Page 4 of 4 EXHIBIT "A" CITY-OF CO (2012 ond Iss ue - Propos ition Proj ect No. E12137 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. Prelirnina!y Phase. The Arch itect/Eng i neer-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. Develop preliminary stFeet-s�ya sengcieII paving repair sections to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using the FHWA's "Real Cost" software with input parameters specified by the City. g) kle4�qkf h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) oevelep dFai-a, ..., -1 Ill -,,Gsed drainage areas sewed. Included in additional services. ) Gonu . e hydFaU!;G aRa1YSiG t0-qU-aAt;F" Tlhe-storm seweF deskifr-�� j T_ 6t_-6: ISGIU,4 of miet GapL�;- Included in additional services. 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, C D 13G, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. 0) 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 11 K Engineering DataExch,gnge ANGIEtA%STREE-RE12137 INTERNATIONAL 8QUILEVARMEXHISIT A Internat ional 81vd.doc 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. Z I ZU I M, TI; 4W al 02 UNION _QVINNIS I N proprietary, or copyrighted, 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: EXHIBIT "A" Page 2 of 11- K'Engmeefing DalaExchangeSANGIEWSTREE-nEl 2137 INTERNATIONAL BOULEVARD EXHIBIT A fnlefnat,onal Blvd doG .. . .......... . ... ------------- EXHIBIT "All Page 3 of 11 K ;fnginoenng DataFxchange ANGIEL'ft$TREET%EI2137 MTERNATIONAL BOULEVARMEXHIBIT A hztmwanal Blve doc The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Gons on-Gontfaet-awaFded- City during the Design Phase. 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. Z • The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. F—EXA1131T "A" I Page 4 of I! K:kErgine,ofingDataExc,nantjtLANGIE&INSTREE'nE!2137 INTERNATIONAL HOULEVARMEXHWITA International Blvd cl�,r 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)IE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerninci 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. The City staff will, a) Prepare applicationslestimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. d) Prepare change orders: as required. EXHIBIT 'W Page 5 of 11 K%Eriginearing r�alaExchange�ANGIEU�STREEnEI2137 INTERNATIONAL BOULEVARMEXHIBITA IntornmonaI Bovd doc 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*,. K,lErigineeringDawExcf,,ar,gfi ANGIEPA STREET4E12137 INTERNATIONAL BOULEVARL%EXH0T A International Blvd.doc 4. Environmental Issues. Not Anticipated a) Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may !® discovered during construction. I W" No I I a WE RUMMEL* EXHIBIT''A" Page 7 of 11 K1Enqneonng DataExcnaige4ANGIEM%STREET E12137 INTERNATIONAL BOULEVARMEXHIDIT A lmemat,onsl Blvd 00C 8. Start-up Services. NotAnticipated 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. • Warran!y 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. EXHIBIT "A" I Page 8 of 11� K[Engmeenng DaTaExdiange'AN G IE tAS TREE MI 2137 INTERNATIONAL BOULEVARMFXHIBIT A lm real onaI Blvd doc 10, Landscape and-irrigation Planning. - TBD Develop a landscape and irrigation improvements conceptual plan for International Drive (loop road excluded). The landscape and irrigation plan would be based on a total budget established by the City and would include a detailed opinion of cost for each element of the plan. The planning would not include preparing of plans and specifications for construction. 11. International Drive Draina -ge Analysis. ---TBD Prepare drainage area mapping of International Drive and designated adjacent areas, Determine pipe or box culvert sizes in accordance with the City's Draft Drainage Criteria Manual. Analysis will not include downstream systems, or the loop road system. 12 Overhead Sign Analysis.TBD Determine the feasibility of moving both existing overhead signs on the loop road further back onto International Drive, Prepare opinion of probable costs for moving the signs, adding new signage, and rerouting electrical and control systems to the new locations. The analysis would not include preparing of plans and specifications for construction. Ill. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Service authorized as per the table below. The fees for Basic Services will not exceed those identified an will be full and total compensation for all services outlined in Section I.A.1-4 above, and for expenses incurred in performing these services. The fee for this project is subject to th availability of funds. The Engineer may be directed to suspend work pending receipt an appropriation of funds. For services provided In Section I.A.1-4, A/E will submit month! !:A; A- statements for basic services rendered. l-ri-S W—A I The statements will be based upon A/E' EXHIBIT "All Page • of 11 K-�EngineeringOataExchangeANGIEM�STREE'nEl2l37 INTERNATIONAL Br IT A Intemational Blvd -doc estimate kana wiffl:;11�s concurrenc r olF au I"R I S F the time of billing, F-ef-sefvioe"fGvided-in-SeGt4on4-.A-4-,Ahe--state�- M. be based-t"nAhe PefGe-t Gf wtk� on-zontfar;t 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 Servic-Im underSection I.B."Additional Services," the Citywill paytheA/E a not-to-exceed fee as perthe tab below: I Summary of Fees Original Contract Street Wastewater Storm Water Water Gas Total Basic Services Fees 1. Preliminary Phase $13109 $1442 $8325 $1703 - $24580 2. Design Phase $34109 $3754 $21663 $4432 - $63960 3, Bid Phase $2592 $285 $1646 $337 - S4860 4, Construction Phase $11551 $1271 $7336 $1501 - $21660 Subtotal Basic Services Fees $61361 $6754 $38971 $7974 $115060 Additional Services Fees (Allowance) 1. Permitting (TxDOT) $1994 $220 $1267 $259 $3740 (Authorized) — Permitting (TDLR) $1829 $201 $1162 $238 $3430 (Authorized) 2. ROW Acquisition Survey - - �Not Anticipated) 3. Topographic Survey $5504 $606 $3495 $715 $10320 Authorized 4. Environmental Issues Not Anticipated) 5. Public Involvement (2 Meetings) & Oversight Committee Presentation $6507 $716 $4132 $845 $12200 (Authorized) 6. SUE Exploration (Hydro Excavation) (Not Authorized) 7. Construction Observation Not Authorized) 8. Start-Up Services Not Anticipated 9. Warranty Phase $1653 $182 $1050 $215 $3100 (Authorized) EXHIBIT "A" Page 10 of 11 KAEngneenng Da1aFxcnange1ANG1EN1%STREEnE1 2137 INTERNATIONAL BOULEVARMEXHIBIT A Intemananal Blvd C-0c EXHIBIT "A" Page 11 of 11 K %EngnMfng Data E mhango"Gl E PX%STRE ET4E 12137 INTERNATIONAL BOULEVARMEXHIBITA intemabonal Blvd doc MAMMMIM mWilvai-Matf PTO 0 AMID 0 1010��M I I I I I!! I I I I I F I I 1 111111 ii I! I I I MIRIM I! li I I I I! F I 1101�� • The International Boulevard Improvements Project includes a combination of full depth pavement repair and resurfacing the existing entrance roadway looping from State Highway 44 through the Corpus Christi International Airport. FaMUNIMMUM =7 Provide Preliminary Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services except as follows: Prepare preliminary paving repair sections. Life-cycle analysis will be completed using the FHWA's "Real Cost" software with input parameters specified by the City. g) ROW acquisition not required. i) Deleted and included in additional services. j) Deleted and included in additional services. o)5. Deleted S) Deleted and included in additional services. Revision to Proprietary City Documents: Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and oral y for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. Design Phase Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services except as follows: EXHIBIT"A-11" II I of 4 a) The City will provide a list of utility franchises within the project area. d) Plan sheets will be 22" x 34". d) 1 The design of temporary traffic control measures will consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures to be used in certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The contractor will prepare a specific traffic control plan that will coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and will utilize the typical examples provided in the construction plans. Z SWPPP not provided. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. g) Deleted h) Deleted The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Design Phase. Bid Phase Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Construction Phase (Estimated 6-1'y onth Duration Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services except as follows: f) Assist the City is preparation of change orders as authorized. The City Staff will: c) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. d) Prepare change orders as required. ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting • TxDOT Permittingi Coordinate with TxDOT during the design phase of the Project to obtain any needed utility permits, environmental permits, • multiple use agreements. • TDLR Registration: Submit construction plans and specifications to EXHIBIT "A-11" 11agc 2 t44 a Registered AAA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. No other permits anticipated. 3= Acquisition of additional right-of-way (ROW) is not anticipated as necessary for the Project. Should it be determined during the course of the Project that additional ROW is needed, ROW Acquisition Survey services can be provided for additional fees in accordance with Exhibit 'A' of the Contract for Professional Services. - a, 11 111111111119aum ROW Verification Services are not anticipated, Topographic Survey Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services except as follows: 1) Delete m) Delete Environmental services are not anticipated as necessary for the Project. Should it be determined during the course of the Project that environmental conditions exist that need to be addressed, appropriate environmental services can be provided for additional fees. IRMO= Assist the City with Public Meetings (2) and presentation of the Project to the Oversight Committee in accordance with Exhibit 'A' of the Contract for Professional Services, except as follows: b) 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. 30012mushm Subsurface Utility Exploration will be provided in accordance with Exhibit 'A' of the Contract for Professional Services, except as follows: a) i) Gas — Gas facilities within the project limits will be located to Quality Level A by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. The A/E will coordinate this activity. ii) Add SUE findings to topo drawing. EXHIBIT" -I" Page 3 of 4 Warranty Phase services will be provided in accordance with Exhibit 'A' of tkoz- Contract for Professional Services. 10, Landscape and Irrigation Planning. TBD Develop a landscape and irrigation improvements conceptual plan for International Drive (loop road excluded). The landscape and irrigation plan would be based on a total budget established by the City and would include a detailed opinion of cost for each element of the plan. The planning would not include preparing of plans and specifications for construction. 11. International Drive Drainage Analysis. TDB Prepare drainage area mapping of International Drive and designated adjacent areas. Determine pipe or box culvert sizes in accordance with the City's Draft Drainage Criteria Manual. Analysis will not include downstream systems, or the loop road system. 12. Overhead Sign Analysis, TBD Determine the feasibility of moving both existing overhead signs on the loop road further back onto International Drive, Prepare opinion of probable costs for moving the signs, adding new signage, and rerouting electrical and control systems to the new locations. The analysis would not include preparing of plans and specifications for construction. EXHIBIT-A-l" Page 4 of 4 NOW, FOR AIE PROFESSIONAL SERVICEWCONSULTANT SERVICJ� (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 $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non-owned vehicles PROFESSIONAL LIABILITY including- $1,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1 Errors and Omissions 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 WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 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. �* �. Page 1 of 3 J%Fngineenng Fo=nt LARGE AE EXHIBIT B.DOCX 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 78469-92 Fax: (361) 826-4555 1 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 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. H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Cetficate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance lHI Pa JAEngineenng FormsILARGEAE EXHIBIT B.00CX 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. EXHIBIT "B" J.lE ng, neefing Form kLARGE AE r X1,41 DJ T 8 DOCX 0 co llwl�' IIN ElEalia SIM M®R glum MM ! +i "a). ! i • • s# fi? Q$ ua N U- RL w q .L) r- r- 'L` CD Css u- C) C) 0 C) 0 0 a� L E C3 0 EXHIBIT ReC" Page 1 of 1 a w C + c C + tn CD Ci CD C) CD 0 CD o C7 C3 Ci 60 a 0 CD CD 0 p m C3 • * + o > `- M s CO ;, - (n CD o 0 0 C� (D CD ! C9 0 C3 D� C] °to C� 0 r i a s. r +.. • L C 0 i! • # a ~ r5 C3 CD C> C7 C_) C_7 CD C3 C) C i C:� ❑ m ] CD (i ° CD 64 ? r G .� Ev co C7 (D C7 T ! C� 't'. y � _ L% t Uf CO CT CD C7 C4 ' M C-4 ka eq to co F- 0 T CV C(7 �} tdd 5 W M 0y a C q C] C) 0 CD 0 C C a 0 CD CD 00 '.. m Q z F- F- ti z Aw I.- 0'{i w (L CL — �,..,. C:)' C3 0 C3 C, +�:> CG C> 4 Ct C) m 0 0 l0 U Ci r- r 00 Q (0 (D 0 r C7 C) � CD 0) 0 ® C}1' Cam. o CA 0 0 CV � e 0 co llwl�' IIN ElEalia SIM M®R glum MM ! +i "a). ! i • • s# fi? Q$ ua N U- RL w q .L) 'L` a) Css l9_ d Q E C] +_ .ii ca C3 0 EXHIBIT ReC" Page 1 of 1 + + tn • w cn • • * + • M s CO ;, - + 1. ■ a ! ! +. ! i a s. r +.. • i! • # a ~ r5 0 co llwl�' IIN ElEalia SIM M®R glum MM ! +i "a). ! i • • s# fi? Q$ ua N U- RL w q .L) 'L` a) Css l9_ d Q E C] +_ .ii ca C3 0 EXHIBIT ReC" Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED By-c-fry PURCHASING DIVISION CITY OF CORPUS CHRISTI City 8 ft "" of DISCLOSUROF; INTERES] COMPANY NAME: RVE, Inc. STREET ADDRESS: $20 Buffalo Street CITY: Corpus Christi— ZIP: 78461 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner E] 4, Association 5, Other 0 DISCLOSURE QUESTIONS If additional spice is necessary, please use the reverse side of this gge or attach separate s eet. 1. State the names of each 'employee" of the � of Corpus hiisti having an -ownership interest" constituting 3% or mom of the ownership in the a ove 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 nained Name Title N/A State the names of each "board member" of the City of Corpus Christi having an "ownership interese; 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 "consultanC 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 CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowinply withheld disclosure of any information requested; and that supplemental statements will be prompt )y submitted to the City of Corpus Christi, Texas as changes occurs Certifying Person: Patrick D. Vetet , P E. Title: President (Tip, or Print) Signature of Certifying Date: 01-18.13 Person: 7t!Mr i. "Board member." A member of any board ' commission, or committee appointed by the CiM council of the City of Corpus Christi, Texas. I b. "Economic benefit". An action that is likely to affCct 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. ployee." Any person employed by the City of Corpus Christ]. Texas either on a fall or time basis, but not as an independent contrnctor 1 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 tion-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." "Consultant." Any person or fir,", such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. =ile : \ Mproject \councilexhibits \exhE12137. --"FCES 'CF,C F. V. 624 7 FUp4R� Up z � R /�R ROAD o i S � 0 o H 37 z - Y Q Q HWY 44 AGNES PROJECT LOCATION ATI ECES DAY "Ez eeaa o RD. ,F, W POINT a� o`o LOCATION MAP NOT TO SCALE �s N CORPUS C3l'1-pIS`_ 1T B -41J L4 I SITE PLAN PROJECT # E12137 NOT TO SCALE International Boulevard CITY COUNCIL EXHIBIT Bond Issue 2012 CITY OF CORPUS CHRISTI, TEXAS 1,11IIr,1 DEPARTMENT OF ENGINEERING SERVICES �n PAGE: 1 of 1 Oak O C1) � O � N u N O U � Z N A • i I co w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O LO LO 00 f- N f- W M � 69� 69� 69� 69� Q J_ Q Q O H cn 0 CD 0 z U N O O O O O LO LO O O LO O N N LO N 00 O O N N f- O LO O W M � J m � � Q Q J_ Q Q E � cn 0 CD 0 z 0) U H N r n W O O N 70 O N +� -� 0 CL m Z Q O O O O O LO LO O LO LO O N N LO N 00 O O N N f- O LO ti M m N � 61.> 09- 09- 09- 09-I09- c� E cn N W E a) 0, Q o CY LV O U � U N Cl) Z O O LL U U V W H c� w c/) LL� � U L � � U N � N 01 w CD a� N C2 E N � J U Q N � °O LO ti ti N .s. W U z LUQ J Q Lm r 0 0 D LU m U O a W Q cn W Kii Cyr PH v AGENDA MEMORANDUM �aRPOa E Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 13, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Valerie H. Gray, P.E. Director of Storm Water and Streets Operations ValerieG @cctexas.com (361) 826 -1875 Engineering Design Contract Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering & Construction Management Services, LLC, of Corpus Christi, Texas in the amount of $83,500.00, for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Engineering & Construction Management Services for the Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013. BACKGROUND AND FINDINGS: Under this proposed A/E contract, Engineering & Construction Management Services, LLC (ECMS) will provide construction management services including the preparation of the plans, specifications, and bid package, coordination with the Contractor, Engineering Services and Operating Department, field inspection of the work in progress, coordination with testing laboratory, planning /coordination of the next work orders and documentations of all work done and approved. ECMS is recommended to provide these services based upon their expertise and past construction management of similar work. ECMS has provided similar services since the original contract in FY 2011. The associated ID /IQ Construction Contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean -out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days with the option to extend the contract an additional year. This is the second year renewal and the scope of work is the same as for the initial, bid /award year. ALTERNATIVES: 1. Execute the Contract for Professional Services with Engineering & Construction Management Services, LLC as proposed. 2. Do not execute the Contract for Professional Services with Engineering & Construction Management Services, LLC as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater and Storm Water Operating Budget EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $711,863.00 $711,863.00 Encumbered / Expended Amount $545,218.00 $545,218.00 This Item $83,500.00 $83,500.00 Future Anticipated Expenditures This Project $83,145.00 $83,145.00 BALANCE $0.00 $0.00 Fund(s): Wastewater and Storm Water Operating Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $83,500.00. The fund source of this A/E contract will be contributed by both the Waste Water Department and Storm Water Department. RECOMMENDATION: City Staff recommends the contract be awarded to Engineering Construction Management Services, LLC of Corpus Christi, Texas, in the amount of $83,500.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET Wastewater Service Line Repair and Clean Out Installation and Manhole Ring and Cover Adjustment FUNDS AVAILABLE: Wastewater Operating ......................................................... ............................... Storm Water Operating ........................................................ ............................... Total.......................................................................... ............................... FUNDS REQUIRED: Construction (RCM Constructors, Inc.) .................................... ............................... Contingencies( 10%) ........................................................... ............................... Engineer Fees: Engineer (Engineering & Construction Management Services, LLC) ........................... Reimbursements: $636,863.00 $75,000.00 $711,863.00 545,218.00 54,521.00 83,500.00 Contract Administration (Contract Preparatio n/Awa rd/Ad min) ...... ............................... 8,178.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) .......... ............................... 16,357.00 Finance............................................................................ ............................... 2,726.00 Misc................................................................................. ............................... 1,363.00 TOTAL............................................................................. ............................... $711,863.00 PROJECT BUDGET BALANCE ............................................ ............................... $0.00 exhE13048. VANN LOCATION MAP NOT TO SCALE PROJECT # E13048 WASTEWATER SERVICE LINE REPAIR AND CITY COUNCIL EXHIBIT CLEAN -OUT INSTALLATION AND CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES MANHOLE RING AND COVER ADJUSTMENT PAGE: 1 of 1 PROGRAM - FY 2013 W 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 Engineering & Construction Management Services, LLC, a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer —A/E), hereby agree as follows.. 1. SCOPE OF PROJECT Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2013 (Project No. E13048) — The ID /IQ Construction Contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean -out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days with the option to extend the contract an additional year. This is the second year renewal and the scope of work is the same as for the initial, bid /award year. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to provide construction management services for a one -year renewal (second renewal) of an existing construction contract for which this AE prepared the plans, specifications, and bid package. 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 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 Contract for Engineering (A /E) Services Pagel of 4 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ECMS \CONTRACT.DOC 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 $83,500.00, (Eighty -Three Thousand Five Hundred 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 (A /E) Services Page 2 of 4 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ECMS \CONTRACT.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 A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering (A /E) Services Page 3 of 4 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ECMS \CONTRACT.DOC Oscar R. Martinez, Date Assistant City Manager 133 Office of Management Date and Budget ralki • • r• Encumbrance No. Contract for Engineering (AIE) Services Page 4 of 4 MENGINEERING DATAEXCHANGEWENNIFER4WASTEWATER1E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVEMCONTRACT ECMSICONTRACT.DOC Fund Source No. 530235-4200-33400-E 1 304-8i - a•- _ 530000-4300-3201 O-El 3r rr Encumbrance No. Contract for Engineering (AIE) Services Page 4 of 4 MENGINEERING DATAEXCHANGEWENNIFER4WASTEWATER1E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVEMCONTRACT ECMSICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJSUTMENT PROGRAM FY 2013 Project No. E13048 I. SCOPE OF SERVICES A. Basic Services. Preliminary Phase. The Arch itect/Eng i neer-A/E will: a. Prepare the necessary correspondence for the signature of the Director of Engineering Services leading towards the renewal (second renewal) of the existing construction contract. b. Assist City staff in the negotiations for increase or decrease in contract amount as may be indicated by the ENR, Engineering News Record. c. Conduct and /or attend and participate in meetings with the Contractor and City staff required towards the renewal and award of the existing construction contract. 2. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are EXHIBIT "A" Page 1 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc compatible with the image- viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications /estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A /E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A /E. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: EXHIBIT "A" Page 2 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A /E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. EXHIBIT "A" Page 3 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A /E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. 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. 3. 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 ". II. SCHEDULE Day Date Activity Interim G ihmi44�1 kid V Dre_Cinel G ihmittel \A. /erinecrlev Cinel S i m hittal MGRday m ay Ad—vertise fer Dirk 1' Pre-80d 2_enferenne Deneive Bids Tuesday June 11, 2013 Contract Award Wednesday June 26, 2013 Begin Construction Thursday June 26, 2014 Complete Construction III. 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 -2 above, and for all expenses incurred in performing these services. The fee forthis 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 EXHIBIT "A" Page 4 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc Section I.A.1 -2, A/E will submit monthly statements for basic services rendered. In Section I.A.1, the statement will be based upon A /E's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.2, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A /E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I. B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $1,000 _. Des+g ; P ;ase 4. Construction Phase (22x12x1.5x$75) $29,700 Subtotal Basic Services Fees $30,700 Additional Services Fees (Allowance) 1. Permit Pfepafa#GR 7 R&.A.1 /\nlv6106409R 961FVe!i 4. EAv��e.ptal- I -ssees 5. Construction Observation Services(12x22x4x$50) $52,800 6. Stapp up cor„inoc 7. Warranty Phase Included above Sub -Total Additional Services Fees Authorized $52,800 Total Authorized Fee $83,500 EXHIBIT "A" Page 5 of 5 KAEngineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A.doc EXHIBIT "A -1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2013 Project No. E13048 Basic Services (See Exhibit "A ") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit `A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 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 meetings. 2) Assist the City in conducting the public information meetings. 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. EXHIBIT "A -1" Page 1 of 1 K: \Engineering Data Exchange \JENNIFER \WASTEWATER \E13048 WW SRVC LINE REAPIR & CO INSTALLATION & MANHOLE RING & COVER \CONTRACT ecros \Exhibit A -1.doc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, 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 AUTOMOBILE LIABILITY to included 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 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx $1,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT $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 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -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 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B 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 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx ac l � m — a e 11 C W I W 000 N lezz ® z° J � C C V z 'O V O V Z N w m O r O N 0 0 0 0 M N oa�oog goo��pp� c,,Zo�o� 01, C6 0 0 0 0 8 h o o p m p m p o g o o o�000�o 0000mpmppmmo �a� � r d�} 0 0 Ou�o�r°,°o °a �oNppoN co �N� N O Irz� N LO H t0 N "Z 10 z� m ® O O ® N O p m p m O N N N �N- r- O O to 4! O 0000000 O S O r N N tD N ~ N C6 N 1 N U. 0. i'a a :c Z s :' o c��m oc() m2Q E a�a �v 1°' �g1 E o!f ammt°�v� ��� c�Ov�iv� a'cc�a�� EXHIBIT "C" Pau* 1 of 1 Y f Y � SUPPLIER NUMBER TO BE ASSIGNED BYZ`ITY -- 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, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services LLC P. O. BOX: STREET ADDRESS: 5001 Oakmont Drive CITY: Corpus Christi ZIP: 78413 FIRM IS: 1. Corporation B 2. Partnership e 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or 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) 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 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 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the supject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant 4f J' 1v 44- 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: Felix H. Ocanas, Jr. P.E. 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. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court .fudges 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. Ga O� H AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 NoP ©pE° Action Item for the City Council Meeting of June 11, 2013 1852 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; 826 -3729 Lawrence Mikolojczyk, Director of Solid Waste Operations LawM @cctexas.com; 826 -1972 Engineering Design Contract J.C. Elliott Landfill New Office Building CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central, Inc. from Corpus Christi, Texas in the amount of $115,509.00, for J. C. Elliott Landfill New Office Building, for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to authorize the selected consultant to provide programming assessment, design and construction contract documents for a new office building at the J. C. Elliott Landfill. This new facility will house approximately 20 solid waste employees. BACKGROUND AND FINDINGS: This project will replace the existing office building which is a used manufactured building. The present facility has reached the end of its serviceable life, is undersized, and in substandard condition that requires constant maintenance. Kleinfelder Central Inc. of Corpus Christi, Texas was selected for this project through Request for Qualification (RFQ) No. 2011 -05 Professional Services for Department of Engineering Services Projects, dated November 14, 2011. ALTERNATIVES: 1. Award the Consulting contract to Kleinfelder Central Inc. as proposed. 2. Do not award the Consulting contract to Kleinfelder Central Inc. as proposed. (Not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Budget EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- Project to Date 2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $345,000.00 $1,150,000.00 $1,495,000.00 Encumbered / $0.00 0.00 Expended Amount This item 115,509.00 0.00 115,509.00 Future Anticipated expenditures for this 229,491.00 1,148,409.00 1,377,900.00 project BALANCE $0.00 $0.00 $1,591.00 $1,591.00 Fund(s): #04 Public Health & Safety CIP Comments: RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Kleinfelder Central Inc. of Corpus Christi, Texas in the amount of $115,509.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Certification of Funds Location Map PROJECT BUDGET J. C. ELLIOTT LANDFILL NEW OFFICE BUILDING Project No. E11060 May 28, 2013 FUNDS AVAILABLE: Sanitary Landfill CIP ( CO) .......................................................... ............................... $ Fiscal Year 2014 Landfill CIP ( Proposed) ...................................... ............................... TOTAL.................................................................................. ............................... 345,000.00 1,150,000.00 1,495,000.00 FUNDS REQUIRED: Construction Estimate ............................................................... ............................... $1,121,250.00 Contingencies ( 10%) ................................................................. ............................... 112,125.00 Testing (Construction Materials) ................................................. ............................... 29,900.00 Design Fees: Architect ( Kleinfelder) ............................................................. ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ............ ............................... Engineering Services (Project Mgt /Construction Inspection /Traffic Mgt ) ............................. Finance................................................................................ ............................... . Misc. (Printing, Advertising, etc.) ................................................. ............................... TOTAL.................................................................................. ............................... 115,509.00 37,375.00 59,800.00 14,950.00 2,500.00 $1,493,409.00 ESTIMATED PROJECT BALANCE ............................................. ............................... $ 1,591.00 cile: \ Mproject \councilexhibits \exhE11060.dwg NUECES BAY o Up RI MFR R s �q0 z o CF�pARO N IH37 o � J � p U � Z W � Z N Z W Y U HWY 44 AGNES o 0 z J J Z m Y CORPUS w w F 0 o CHRISTI o CD o° m INTERNATIONAL w a z Y AIRPORT ° BEAR z a CORPUS CHRISTI �o y�vV� W. PC N N ` N Vyo J.C. ELLIOTT LANDFILL F.M. 43 �C4G NUECES COUNTY F.M. 43 M F.M. 665 (D �p 0 U � � N F.M. 20 _ FM 2444 CEFE F. VALENZUELA LANDFILL F.M. 16 ,°" F.M. 14 1 1 1 0 LOCATION MAP PROJECT #E11060 NOT TO SCALE Ch 0 d G1 'y �O CABANISS Sy FIELD Ia,Mt.l CITY COUNCIL EXHIBIT J. C. ELLIOT LANDFILL CITY OF CORPUS CHRISTI, TEXAS v NEW OFFICE BUILDING DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 94" t CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 'k vo The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or, Designee (Director of Engineering Services) and KLEINFELDER CENTRAL INC., a Texas corporation, 5002 Ambassador Row, Corpus Christi, Texas 78416, (Architect/Engineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT (JI.C. Elliott Landfill New Office Building) (Project No. E11060) The new office Building will support Landfill activities and house approximately 20 employees at the J.C. Elliott Citizens Collection Center, Solid Waste Transfer Station and Scale House. 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 -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 AIE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the 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. AIE 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 ". Contract for Engineering (A/E) Services Page 1 of 3 K:IENiGINEERING OATAEXCHANGEIANGIEMISOLID WASTF%EI 1060 JC ELLIOTT LANDFILL NEW OFFICE BUILDING4AGENDA ITEMN CONTRACT PROFESSIONAL SERVICES.DOC V 4r 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 $115,509.00, (One Hundred Fifteen Thousand Five Hundred Nine Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the AIE 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. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering (A/E) Services Page 2 of 3 KIENGINEERING DATAEXCHANGE4ANGIEMISOLID WASTE1E110B0 JC ELLIOTT LANDFILL NEW OFFICE BUILDINGIAGENDA ITEM11 CONTRACT PROFESSIONAL SERVICES.DOC CITY OF CORPUS CHRISTI KLEINFELDER CENTRAL, INC. (y, � 4�•r -7 -13 Oscar R. Martinez, Date Jerry Li tw Date Assistant City Manager Project Vanager 5002 Ambassador Row Corpus Christi, TX 78416 (361) 854 -4774 Office (361) 854 -4924 Fax RECOMMENDED Q,a-a- x2 KA h3 Daniel Biles, P. E., Da (e Dire c r of E eering Services Operating D4paio4nt Date APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary Project Number: E11060 Funding Source: 550950 - 3365 - 00000- E11060 Fund Name: Sanitary Landfill 2008 CIP Encumbrance Number: ENTERED ovv� MAY 15 2013 CONTRACT MANAGERS Contract for Engineering (AIE) Services Page 3 of 3 K:IENGINEERING DATAEXCHANGE%NGIEMISOLED WASTE%E11060 JC ELLIOTT LANDFILL NEW OFFICE BUILDINGIAGENDA ITEM41 CONTRACT PROFESSIONAL SERVICES. DOC EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS J.C. Elliott Transfer Station Administrative Building Improvements PROJECT UNDERSTANDING We understand that the existing administration 1 staff building at the J. C. Elliott Transfer Station is undersized and in substandard condition. A new structure to accommodate administrative and staff support needs will be developed. The new building will accommodate a workforce of approximately 20 employees, including 3 to 5 administrative staff (these may be transient desks or workstations for drivers or dispatch personnel), related storage and equipment areas, plus lunchroom/break room, kitchen, locker, toilet and related support spaces for yard staff. No public transaction windows or other dedicated functions are needed. We estimate that this will require a single -story pre - engineered metal building structure of approximately 3,000 square feet with the building exterior panels to match the existing scale house panels. The design wind speed elected by the client is 130 -mph (3 Sec Gust) in accordance with the International Building Code 2009. The design of standby generator power will be included in the project design. Kleinfelder will provide project management, geotechnical services, civil engineering and architectural design services for the project. Govind Development will provide structural engineering, cost estimating and assistance with local permits and approvals under subcontract to Kleinfelder. Stridde Callins Associates (SCA) will provide plumbing, mechanical and electrical design services under subcontract to Kleinfelder. Frontier will provide surveying services under a subcontract to Kleinfelder, ASSUMPTIONS • The project site is not impacted by the presence of landfill gas or hazardous waste, • The project site is not located in an area with the presence of uncontrolled fill, weak or unsuitable soil materials for the development of the site. • The project site is not within an environmentally sensitive or protected area under current Local, State or Federal regulations. • The design of standby generator power will be included in the project design but will be limited to the staff support building only. • The project scope does not include upgrades of any existing utility systems or reuse of existing services to the existing facility. EXHIBIT "A" Page 1 of 13 r 1. SCOPE OF SERVICES 1. A. Basic Services. 1. Preliminary Phase. The Architect/Engineer -AIE will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design memorandum which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. PF9V'de seepe of soil investigation, ♦ r , investigation and testing under one of moFe separate GantFaGt6) b. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in a F,r,,.nimum of (one) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The AIE will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDQT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copies of the Design Memorandum, with executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The AIE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including . taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements, and probable Project design solutions; (which are common to municipalities). EXHIBIT "A" Page 2 of 13 u � 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). i T. �1 �l 0 L' NO' VOL' L' I 1 01-1 L§ VOL-A-1111 ■ gQ 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the AIE and Sub- consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction; c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. (as available from City Engineering files). f. Field location of existing city utilities. (AIE to coordinate with City Operating Department). g. PFGVide appliGable Master Plans. EXHIBIT "A" Page 3 of 13 h. Provide loading conditions and tolerance for different movement for structures. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement design memorandum recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one sets of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to better track progress and payments. e. Furnish one (1) copy of the interim plans (plans only - identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why EXHIBIT "A" Page 4 of 13 • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide 1 copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. EXHIBIT "A" Page 6 of 13 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 in standard electronic formats 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City. in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract, e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the 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. 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. EXHIBIT "A" Page 6 of 13 d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction 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 for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final observation with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. Thes H2Aaeeats , , T..L.1. ..r TGG %Gs �vcrninn 2 0 As a minimum the Infrn+unfnn, Contents, and index will be in HTML (Hype4eyd MaFkwp Languago format, with Hyp T links to the other of the manual T6... roTmar, - vrrtb-- rr��e�-reiE��-rrca eF -�a1�S , TIFF, jP G,, -etG.. Confirm WOW deliveFy of he manuals that _a1Lca d en ihe City's 6eMpeSSF. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, observation, and the EXHIBIT "A" Page 7 of 13 contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD 04 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applicationslestimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. 2. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. 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 A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permittina. f=urnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. , epeFating In the area b. UDO - ReRnits/ endment& o. Wetlands Delineation and PeFffii4 g T pa-Fanr DisGhaFge QeF i# B. NIP -DES Perrn;VAFnendment f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments EXHIBIT "A" Page 8 of 13 Or r.111UTUMP-M. Mw - 1 1 ■ M l r ■ - r A ■ . ■ Mtn. -In'MIM-agmin 3. To o ra hic Survey, Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Enyirenmen4a14seueQ 5. ■ ■ - GN p rogress-oRd 1 of rpateFials equipment by the ■ . A and d6fiGieAr.ies in the A - ■ ■ - r 1 ■ w . R.11011", ON 5 1 r EXHIBIT "A" Page 9 of 13 FA y - ~ - - - y 1 - y - r - - ~ - - W. 1 ■ � 1 ■ 1 � i. 1 numomm 1.� 1 1 5 1 � � 1 ■ 1 � i. 1 numomm 1.� � EXHIBIT "A" Page 10 of 13 _a. WMIM Y - desumentation Of Utility GORfinGtS. l _ _ r - 6. 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. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT "A" Page 11 of 13 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY a . ■ ACTIVITY 1 A 1 i Begin Preliminary Phase Monday 15 July 13 Begin Design Phase Friday 19 July 13 Interim Submittal Friday 16 Aug 13 City Review Friday 13 Sept 13 Pre -Final Submittal Friday 11 Oct 13 City Review Friday 2. SCHEDULE PROPOSED PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday 19 June 13 Begin Preliminary Phase Monday 15 July 13 Begin Design Phase Friday 19 July 13 Interim Submittal Friday 16 Aug 13 City Review Friday 13 Sept 13 Pre -Final Submittal Friday 11 Oct 13 City Review Friday 8 Nov 13 Final Submittal Monday (2) 18 Nov 13 Advertise for Bids TueNVed/Thu Dec 3,4,5 13 Pre -Bid Conference Wednesday 18 Dec 13 Receive Bids Monday 15 Jan 14 Begin Construction Weekday 9 April 14 (12 weeks) Construction'Completion 3. FEES 3. A. l=ee 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. 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 AIE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 12 of 13 4. 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: C. Summary of Fees Fee for Basic Services 1. Preliminary Phase $25,678 2. Design Phase $42,697 3. Bid Phase $7,331 4. Construction Phase $13,869 Subtotal Basic Services Fees $89,575 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Rakeads TXDG r iAle+fanrin 0eline.+iinn .+.+iJ 1]nrw.4 NPIDEe Rermi +lAmendmnnts Nuenen Count _ U.S -. Arun• ilnrnc+ of Ennineern U.S. Environmental PFGteGtion Agency Texas Deportment of I innnne Regulation $2,954 `" r'�ar'crrscr�TVrcrvc 17 and Texas Commission on Environmental Quality Total Permitting ROW Acquisition Survey (AUTHORIZED) 0 3. Topographic Survey (AUTHORIZED) $8,306 4. Environmental Issues 0 5. Construction Observation Services 0 6. Start -up Services $2,808 7. Warranty Phase $2,808 8. Provide SCADA Documentation 0 9. As -Built Electrical for Generator Upgrade $2,530 10. Windstorm Certification 0 11.Geotechnical investigation $6,528 Sub -Total Additional Services Fees Authorized $25,934 Total Authorized Fee $115,509 EXHIBIT "A" Page 13 of 13 CITY OF CORPUS CHRISTI, TEXAS J.C. ELLIOTT TRANSFER STATION ADMINISTRATIVE BUILDING IMPROVEMENTS EXHIBIT A -1 SCOPE OF WORK A. BASIC SERVICES A.1 PRELIMINARY PHASE Project Initiation and Data Collection Kleinfelder will attend one Project Initiation team meeting with the Client to develop an initial Work Plan of specific tasks, staff assignments and responsibilities, deliverable products, project calendar and budget. One visit to the project site will be performed with the Client. This initial phase will include the following activities: • Observe site operations, existing utility systems, vehicle movements, parking, pedestrian movements, etc., which may affect the location or design of new facilities. • Review existing documentation of the property, site and buildings, as available. Identify additional information needed and assign responsibility. • Confer with Client and designated users to develop functional requirements for all areas of the proposed building, including room sizes, room -to -room adjacencies, employee counts, required heating and cooling, communications, security, appliances and other equipment, furnishings, fixed and movable furniture, etc. • Determine applicable codes and standards, including Texas state and local Corpus Christi building codes, City design and construction codes, City ordinances, planning requirements, ADA and Texas accessibility standards, other City departmental regulations, Energy codes, Windstorm and other insurance regulations, etc. • One (1) project initiation meeting with the design team (remote via videoconference or telephone) • One (1) Project kick -off meeting in Corpus Christi with City and design team. • Two (2) Progress meetings with the design team (remote via videoconference or telephone) EXHIBIT "A -1" Page 1 of 7 As an Additional Service under Item B.3, a site specific topographic and location survey will be performed and used to prepared base map and identify existing utilities, structures, drains, grade breaks and field information for use in preparing schematic designs. Surveys performed will utilize horizontal and vertical controls based on official government recorded control points and survey markers. Conceptual Design A Conceptual design approach will be prepared for the proposed building, including recommended improvements to the site. The concept will include a diagrammatic site plan and building plan, showing the general location, size and organization of site features and spaces within the building. We will develop a preliminary listing of interior furnishing and equipment to be accommodated. Conceptual Cost Estimates Kleinfelder will develop a conceptual estimate of probable construction cost based on the preliminary building design, construction type, primary materials, and finishes, building systems, furnishings and equipment. The estimate will include site and utility design elements. Unit costs will be based on industry standard data, current trends and local conditions, probably bidding conditions at the time of construction, and historical data from past City bid tabulations if available. As appropriate, this estimate may recommend the inclusion of Alternates for budget control. The purpose of the conceptual estimate of probable construction cost is for budget planning purposes, and will include a 30% percent contingency not to be used for bid or construction purposes. Basis of Engineering Design Report We will prepare a Basis of Design report presenting the methodology, findings and recommendations for the project. A written narrative of the proposed work, the conceptual site and building design and the conceptual cost estimate will be included, along with data sheets for each room and for the general building requirements. A summary of building code, accessibility requirements and required reviews, permits and approvals will be included, along with a preliminary schedule for final design, procurement and construction, This report will be in an 8% x 11 or 11 x 17 format and will be delivered in electronic and hard copy formats. A.2 DESIGN PHASE Schematic Design An interim Schematic design will be prepared for the proposed building, including recommended improvements to the site. The schematic design package will include site plans including utility services and building plans, exterior elevations and interior layouts of furnishing and equipment. We will prepare a basic 3D model to illustrate the general building massing, appearance, recommended materials and relationships to other M 1" 7 structures and site features. The Schematic documents will also identify specific improvements to utilities, grading, drainage, surface treatments and features, parking, access, electrical services, communications and buildings and existing structures to be made within the project area. Utility services include new domestic sewer service connection to the city sewer system, including abandonment of the existing septic system, water, additional drainage structures to control runoff, gas service and demolition of existing structures within the project area. The Plan Executive Summary identified in Section 2.e of Exhibit "A" will be included in this task. Final Design and Construction Documents Based on the City's acceptance of the Interim (Schematic) design package, Kleinfelder will provide complete Civil, Structural, Architectural and MEP drawings and specifications suitable for bidding. As directed by the City, we will provide a pre -final submittal of plans, specifications, bid documents and cost estimate for review prior to preparation of the final bid package. City standard contract documents, forms and templates will be used in preparation of the bid package. Final Cost Estimate and Construction Schedule Kleinfelder will prepare a final estimate of probable construction cost based on the completed site and building design. Costs will be based on industry standard data, current trends and local conditions, probable bidding conditions at the time of construction, and historical data from past City bid tabulations if available. If requested by the City, this estimate may include Alternates. An updated Construction Schedule based on anticipated bid, award, construction start and completion dates will be prepared. This schedule will identify all major construction activities and phases and will include an outline Schedule of Values and a projection of anticipated monthly payments to the Contractor. A.3 BID PHASE Kleinfelder will assist the City in the identification of potential bidders, attend a pre -bid conference, respond to pre -bid questions, issue clarifications or Addenda as necessary, attend bid opening, evaluate and report on bids, and prepare letter of recommendation of award of the construction contract, etc., as specified in Section 3 of Exhibit "A", A.4 CONSTRUCTION PHASE Mobilization and Construction Upon receiving Contractors Notice to Proceed from the City of Corpus Christi, Kleinfelder will begin construction phase administration services. The estimated construction schedule is 12 weeks. A minimum of 5 regular visits by one Kleinfelder representative will be made to the construction site. The Kleinfelder representative will perform these services as described under Construction Phase Services of Exhibit A. If I XHIBIT "A -1" Page 3 of 7 additional visits are required by a Kleinfelder representative due to an extended construction schedule, the City of Corpus Christi will be notified of the estimated number of increased visits required to meet contract requirements and will provide an estimated fee for the increased services. Project Close -out Upon notification by the contractor of the date of substantial completion, Kleinfelder will arrange a final inspection. A site visit with Kleinfelder, the Contractor and the City of Corpus Christi will be conducted. A site walk will be performed at that time observing the completed work, installations and construction. Observations will be made to determine compliance with contract documents, designs and specifications. During the site visit and observation' agreement, a summary of those items not meeting project specifications or not being completed under contract requirements will be prepared and designated as the "Punch List" which itemizes remaining work to complete, correct or modify. The contractor will be required to notify the city of Corpus Christi and Kleinfelder when the punch list items have been addressed. A second meeting with the contractor, the City of Corpus Christi and Kleinfelder will be held onsite to confirm and verify the required corrections under the punch list were completed. A certificate of completion will be prepared and issued to the contractor only when the items listed in the Punch List are confirmed-to be corrected and documented to be complete. ADDITIONAL. SERVICES 13.1 Permitting Designs prepared for the JC Elliott Building Improvements will be processed with the City-of Corpus Christi Development Services Department. Additional services under this task'include revisions to the JC Elliott TS permit document with the TCEQ. Under this scope of work, additional permitting is not anticipated for the items listed under Exhibit 3.13.1. With these assumptions, an Allowance budget of $2,954 has been allocated for this task. If additional permitting requirements are necessary, Kleinfelder will notify the City of Corpus Christi and prepare an additional scope of work and fee. 6.2 Right -of -Way (ROW) Acquisition Survey (not applicable to this project) B.3 Topographic Survey A topographic survey of the project site is necessary for the preparation of design and development plans. The area of site development will be confined to the compound within the fenced area of the transfer station of approximately 4.5 acres. Mapping this area allows consideration of the most options in development of the site for new building construction. An allowance budget of $8,306 is estimated for this task. =EXHIBIT 1" 7 8.4 Environmental Issues The JC Elliott Transfer Station Building improvements site area is located adjacent to the JC Elliott Landfill which was closed in 2006. At the present time, no known environmental hazards or conditions are evident at the project site. Should these conditions become apparent or evident during data search, records search, field investigation or construction, Kleinfelder will immediately notify the City of Corpus Christi of this discovery or evidence which may require appropriate action. Kleinfelder will prepare a separate scope and fee for review and approval by the City of Corpus Christi prior to initiating actions to the conditions identified. No estimated Allowance for these services is set at this time. B.5 Construction Observation Services These services are not included in this project. 13.6 Start -up Services Start -up services will be conducted by the City of Corpus Christi, in the presence of the Kleinfelder representative and the Contractor. Observations and verification of the functionality and operation of systems, equipment and related devices installed will be documented under this task. An allowance of $2,808 is estimated for this task. 13.7 Warranty Phase In accordance with the City of Corpus Christi requirements, the Contractor will warrantee all completed work and installations for a period of one year from date of certified completion. During this time Kleinfelder will work with contractor directly in supporting the City of Corpus Christi in ensuring the obligations of the contractor are met under the agreement. The number, type and level of services required for this task are difficult to estimate, and an allowance estimate for providing this support to the City of Corpus Christi is $2,808. 8.8 Provide SCADA Documentation These Services are not applicable to this project. M -1" f 7 13.9 Provide Soil Investigation, Borings, and Testing The purpose of the proposed soil investigation will be to provide recommendations for use during the design of foundations for the J C Elliott Transfer Station Building Improvements project. To accomplish this purpose, this task includes exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing, and providing recommendations for use during design of the foundations. This scope is discussed in detail below. Field Exploration • Coordinate field activities with the city of Corpus Christi personnel • Locate the proposed borings using a site plan and measurements from existing landmarks; these locations will be recorded in the field using a hand -held GPS device • Contact Texas 811 to locate buried utilities within existing easements and right- of-ways • Mobilize a truck - mounted drilling rig to drill 2 borings, one to a depth of 25 feet below grade and one to a depth of 40 feet below grade • Sample the subsurface soil continuously to a depth of 10 feet, and then every 5 feet thereafter; samples will be collected using either a tube sampler, or a split spoon sampler in conjunction with the standard penetration test • Observe for groundwater seepage during drilling and, if encountered, after a 10 minute waiting period • Backfill boreholes with soil cuttings upon completion The borings will be logged in the field by a Kleinfelder engineering technician. Laboratory Testing, Selected laboratory testing will be conducted on samples that are representative of materials obtained during the field exploration. The tests will be used to evaluate and classify the soils, identify subsurface site characteristics, and provide data for analysis. These tests may include • Moisture content • Atterberg limits (liquid and plastic limits) • Percent passing No. 200 sieve • Dry density and moisture content • Unconfined compressive strength EXHIBIT "A -1" Page fi of 7 Kleinfelder will retain soil samples for 30 days after submission of the final report. Further storage or transfer of samples can be made at owner expense upon written request. Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project, based on available project concepts. Information to be provided in the report includes the following items. • Description of the field exploration and laboratory testing • Summary of laboratory test results • Discussion of subsurface soil and groundwater conditions • General discussion of the site geology • Discussion of potential soil movements, including calculated potential vertical rise (PVR) • Recommendations for foundation type, depth, and allowable loading • Seismic geotechnical criteria per International Building Code (2009) • Earthwork recommendations, including backfill requirements • Plan of borings to scale illustrating the approximate location of each boring • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information One bound copy and one electronic copy of the report. An allowance of $6,528 is estimated for this task. =EXHIBIT 1" 7 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim 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 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 "B" Page 1of3 JAEngineedng FormsILARGE AE EXHIBIT B.000X 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 polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 EXHIBIT "B" Page 2 of 3 JAEngineerfng Forms%LARGE AE EXHIBIT B.DOGX 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 JAEngineedng Forms% ARGE AE EXHIBIT B.p00X cr m +� TT, Z in W ni GOCO W z z IL oj v of ... 9 J a C IL 4 U m � a � E a � U o � 0— 'S 0 L C CL c C r.► V O O U N O Z .O r O Z 'Cf v O V 0 ` `O C Ca 4 4 � �O N N 0 0 0 0 0 0 0 0 0 0 M M N N o L QQ ° ° 0 0 O OOL�- ❑ �H a ❑ ❑ ❑I- o o ° Ln L °°G©o � o oil s si 6 6g9 °O. a a° o o a a o oa o os o o o o❑❑❑ o m u o 8 8 0 0 0 0 � 6 64 4 4A 0 69 0 0000 0 0 0 0 0 ❑ ❑ ❑ ❑❑ 0 m� L 0 0 0 9 9 e- r r t�3 O O O O O h N O O 1 110 8 8 p N N N N❑ G G O O � ti N � M O O O N N 4 4n N N Q Q m m m m m m N N C CNOr q Gn0 *F# 2 qr 2 QW O O O O O O q q E EA N N O O ❑ ❑ ❑ ❑❑ N N O O N N N N O p p Q O O m m❑m m m m m g g d d g g O O at o to 'S - E o, cc a o ,� .y O m a m U C=O N U H N CV � CL v a ot; "~ E v Q a E rL o Un in (a M, EXHIBIT "C" page I of 1 N U H N CV � CL v a ot; "~ E v Q a E rL o Un in (a M, EXHIBIT "C" page I of 1 EXHIBIT "C" page I of 1 ' r •f• SUPPLIER NUMBER TO BE ASSIONFD 111' �r�' " PURCIIASINO61VISIO City of CITY OF CORPUS CHRls'n Corpus 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. I "very ,question must be answered. if the question is not applicable, answer with `NA ". See reverse suede for Filing; Requirements, Certifications and definitions. COMPANY NAME: Klcinfelder Central, Ine. P. O. BOX: ST,,REET ADDRESS: 5002 Ambassador Row CITY: Corpus Christi Z11': 78416 FIRM IS: 1. Corporation 8 2. Partnership ❑ 3. Sale (honer 4 ❑ . Association S. Other DISCLOSURE QUESTIONS If additional space is necessarty, please use the reverse side of this pit eor attach separate sheet, 1. State the names of each `employee" of the City of Corpus Christi having; all "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City NIA Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name 'Title 3. State the names of cacti "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 AIP 4, State the names of each employee or officer ol'a "consultant" for the City of Corpus Christi who worked on any matter related to the siiNeet of this contract and has an ` awnership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant f e , . 0. 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 of vial 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)j 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: -rang L.i p4xat Title: (Type or Prim) Signature of Certifying Date: f /� G l�3 Person: / I DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. r r"r KY I h ,l mb O C1) F� V O � N O op U N U � fa L •E E a LO TL T L `V T .O W V � ' ' f3( `S/ r �t ��✓✓ ' � � � tff'��f- �,�3�f;,rJrr/ /I'r x�����fltfi " . -£�'t . a!�✓ f i$ r / / wr/ /,S � /�f' z r �� i� ` "?�� f x f "JS S � f 4 %J i'�` � s , �1;+ " % . �.?<�;�{ f,�`''� J fr � ,rfi�� k $4 3d� ✓fr3y3��15 l�� � }l /"�4(f2JS��J' {±f'kf J S tIfN1'i, -,� /rl ?y%�y�"`,ft ld„f%' •� ''r4, ry�� rN `•3'lr' J" S 1 ) • • ����, �/ f! i�. 9 � � �� / {,) � i'.'f �i 3 tf5 ✓r�'�l ,� �t'rlfarS4` 4�zf �~�} as ✓ '� �, /�'� x/ F1��pk �,r, %' '`aa �'` � jr li� #; %s s S ug w�.�2�� �„xJ,,i: � r" z � � r', F s 'v s ` %�j�,,.r f�j„ • rls j3 �5�f f �fG't s /,3f#���Ni„`/f } c� �� 7 �/f � � �J�S��n3 s✓/ /�ij� 3af �ff $ �� 4 �` /sr rr, r���u l" �f '.e�'1,� ➢',s' �"�i(l2s f5S y z vIV} �ffrl ,' t g f�' //f I S;^ � 9 ��S/ r� v }� J A xf,,; }F} ip (I ?�J'ty�f f�f��?a?'� �i ?f l �5 f / f � it � v u � �kt?��>�u �� • ,Sz �sz�;r �� / �� • • �y�r ifrs }ufx� v /x''f ;✓; %�u� F���`�� /r�`�u? � 3�f 2s i� un'/I }n��rFr '°r / i` ��W'�r r� slYt ffr,f %:�'����t�vz x. ` �"rJ rg f�'u frr`.. '�'J /, � :: u.�, %�� � �`�` �/ d�, ! � �S£"�'�(J }' S�3` /Y 7 l.r� ? I (� f si�:�6t'�$S ;a> ?% J �' .jf� /.144�1t�r,?�v i' �,,`/✓�l �f�(�/ .rr, / ,. itRSf r $ {�i'') 3,7 .,$, J% is %y"ra�slif+plf�f���...- � "�4,s5 �°v'�,� %``�,5>7Xlf ��I E�rSfAS����'9,,;�� �l '';, v, u �. z rs`� t� ,% vs����a��r'�'�'�, ��?�r;� ,�,�����`�a�%'��f?������'•a ����fica�t r �, d�' � • f: DC Q 00 w LL Z Q w 0 O z U O a w cry C� Q J Z o?S o�c D a m a O L 0 -1--a U N O i O N U N O L n co 4 \ # } 3 2 3 D m ± U_ ± o qOqg D 7 w � m U Z 04 0 �' » 2 a n w w O � ± U � k k k � o 0) CIO 2 q 0- @ � . 'U q4- � Lii I cu 2 C) � 4- 0 t q CU ) f k 2 'E o LL � ƒ % - k k ( .q � /LU 4 \ # } 3 2 3 D m ± U_ ± o qOqg D 7 w � m U Z 04 0 �' » 2 a n w w O � ± U � k k k � o 0) CIO 2 q 0- @ � . 'U q4- � Lii I cu 2 C) � 4- 0 t q CU ) f k 2 'E o LL � ƒ @ 0 ll;:� CO @ � � � � O w / @ � tf)- w U w � O � a w LU «U � « wco :mKii % - k k ( .q : / � K E ¥ / . � . @ 0 ll;:� CO @ � � � � O w / @ � tf)- w U w � O � a w LU «U � « wco :mKii .q : E ¥ / . . 0 cu ® '0 f E w § o t 4 . / ) ± m 2 k r E R § ) Z E E Lu § '\ - ƒ » - ƒ % E t r t E E J £ 2 : LL 3 3 / 3 4 of 0- @ 0 ll;:� CO @ � � � � O w / @ � tf)- w U w � O � a w LU «U � « wco :mKii aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 10, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Amendment No. 3 Bear Lane from Old Brownsville Road to S.P. I. D. Bond Issue 2008 CAPTION: Motion authorizing the City Manager, or designee, to execute a Amendment No. 3 to a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $73,470.00 for a restate fee of $1,170,020.00 for the Bear Lane Street Improvement Project from Old Brownsville Road to South Padre Island Drive for design of required waterline replacement (Bond 2008) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. (CRG), for Bear Lane. BACKGROUND AND FINDINGS: The current construction on Bear Lane was stopped to accommodate replacing the existing 36 -inch waterline. Originally, while the project was under design, the assessment was made that the water line repair history didn't show any major concerns or the need to replace the line. However, during construction, the team (the City, Design Engineer & Contractor) further assessed the condition of the existing water line through visual inspection and determined that the line needed to be replaced. Replacing this waterline concurrently with improving the roadway will protect the City's investment and avoid potentially costly pavement repairs should the existing waterline need maintenance under a newly reconstructed roadway. The design engineer will be preparing construction plans and specs to rebid the work to include the waterline from Navigation to Old Brownsville. Engineering Services is working with the design engineer to develop anticipated schedule for completion of the waterline and associated roadway improvements. We anticipate that construction of the waterline and associated improvements will start before the end of the year. A comprehensive schedule and estimate will be developed as the project progresses. ALTERNATIVES: 1. Execute the Contract for Professional Services with CRG, Inc. as proposed. 2. Do not execute the Contract for Professional Services with CRG, Inc. as proposed. K: \ENGINEERING \LEGISTAR \3 - MAY 28 \BEAR LANE WGENDA MEMO - BEAR LANE.DOCX OTHER CONSIDERATIONS: This project is one of the Bond Issue 2008 Proposition No. 1 Street Projects approved by the community in the general election held in 2008. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. CRG, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CRG of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2008 -03 Bond Issue 2008 and CIP Projects, dated September 19, 2008. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Wastewater Department Storm Water Department Water Department Gas Department 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 $8,332,800.00 $2,000,000.00 $10,332,800.00 Encumbered /Expended Amount This item $73,470.00 $0.00 $73,470.00 Future Anticipated $8,259,330.00 $1,862,312.86 $10,121,642.86 Expenditures This Project BALANCE $0.00 $137,687.14 $137,687.14 Fund(s): Streets 06 Comments: Construction of the 36 inch water line will be advertised for bid in late summer of 2013. RECOMMENDATION: City Staff recommends the approval of the Amendment No. 3 to Contract for Professional Services with CRG. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint K: \ENGINEERING \LEGISTAR \3 - MAY 28 \BEAR LANE WGENDA MEMO - BEAR LANE.DOCX PROJECT BUDGET BEAR LANE FROM OLD BROWNSVILLE ROAD TO SPID -REBID (BOND ISSUE 2008) Project No. 6463 May 10, 2013 FUNDS AVAILABLE: Bond Issue 2008 CIP No. ST 15 ....................................................... ............................... $4,200,000.00 StormWater ............................................................................ ............................... 2,544,600.00 Water Water(2012- 2013) ........................................ ............................... $ 1,114,700.00 Water(2013- 2014) ........................................ ............................... 2, 000, 000.00 3,114,700.00 Wastewater.............................................................................. ............................... 437, 900.00 Gas........................................................................................ ............................... 35.600.00 $10,332,800.00 FUNDS REQUIRED: Funds exhausted during original construction( Estimate) ......................... ............................... $5,154,000.00 Construction cost for rebid(Contractor TBD) Remaining Street, Storm Water, Water, and Wastewater work ............. $ 1,300,000.00 36" Water Main Replacement ......................... ............................... 1,200,000.00 2,500,000.00 Contingencies(7.5% for construction funds available) ............................ ............................... 774,960.00 Design Fees: Engineer - (Coym, Rehmet and Gutierrez Engineering, L. P.) .................. ............................... 1,070,830.00 " Engineer - (Coym, Rehmet and Gutierrez Engineering, L.P.) Amend # 3 .... ............................... 73,470.00 Testing - (Rock Engineering, Subsurface Investigation & Laboratory Testing ) ........................... 76,445.00 Testing - (Rock Engineering, Subsurface Investigation & Laboratory Testing) for rebid ................ 30,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ................. ............................... Engineering Services (Project Mgt /Constr Mgt/Traffic Mgt) ..................... ............................... Finance Issuance ........................................................................... ............................... Misc. (Printing, Advertising, etc.) ....................................................... ............................... Total(sum of bold items) ................................................................. ............................... Estimated Project Budget Balance ................................................ ............................... " Construction Observation Services is included in Consultant, Coym, Rehmet and Gutierrez Engineering's, contract in the amount of $242,625. "" Construction contract awarded May 24, 2011 in the amount of $6,259,588.00, of which $5,154,000.00 will be exhausted under the original construction contract. K: \Engineering \LEGISTAR\3 -May 28 \Bear Lane\Project Budget - Bear Lane from Old Brownsville Lane to SPIDProject Budget - Bear Lane from Old Brownsville Lane to SPID 177,171.45 225,490.94 80,532.48 32,212.99 $10,195,112.86 $137,687.14 BEAR LANE FROM CITY COUNCIL EXHIBIT CITY OF HRISTI, TEXAS OLD BROWNSVILLE ROAD TO DEPARTMENT OF CORPUS SERVICES SOUTH PADRE ISLAND DRIVE PAGE: 1 of 1 b AMENDMENT NO. 3 to CONTRACT FOR PROFESSIONAL SERVICES Y The City of Corpus Christi, Texas hereinafter called "City ", and COYM, REHMET & GUTIERREZ ENGINEERING, L.P. hereinafter called "Engineer ", agree to the following amendments to the Contract for Professional Services for Bear Lane from Old Brownsville Road to SPID Proiect No. 64631, as authorized and administratively amended by: Original Contract September 15, 2009 Motion No. M2009 -255 $1,070,830.00 Amendment No. 1 March 16, 2011 Administrative Approved $10,620:00 Amendment No. 2 May 8, 2012 Administrative Approved $15,100.00 Original Contract's Exhibit "A ", Section 1. Scope of Services, Part A. Basic Services, Item No. 2 Design Phase, Item No. 3 Bid Phase, and Item No. 4 Construction Phase are amended to include additional Basic Services as specified in attached Exhibit "A ". Original Contract's Exhibit "A ", Section 1. Scope of Services, Part B. Additional Services, Item No. 1 Permit Preparation, and Item No. 2. Topographic Survey is amended to include additional services as specified in attached Exhibit "A ". Original Contract's Exhibit "A" Section 2, Schedule is amended to include the following dates: ACTIVITY DATE Begin Design Phase Upon Approval of Amendment No. 3 Prefinal Submittal May 31, 2013 Final Submittal June 10, 2013 Advertise For Bids June 24, 2013 Pre -Bid Conference July 17, 2013 Receive Bids July 24, 2013 Begin Construction September 25, 2013 Construction Completion June 22, 2014 Original Contract's Exhibit "A ", Section 3. Fees, Part C. Summary of Fees is amended as specified in attached Exhibit "B" Summary of Fees, for a total fee not to exceed $73,470.00 (Seventy Three Thousand Four Hundred Seventy Dollars and Zero Cents), for a restated total not to exceed $1,170,020.00 One Million One Hundred Seventy Thousand Twenty Dollars and Zero Cents . Monthly invoices will be submitted in accordance with Exhibit "C ". All other terms and conditions of the September 15, 2009 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI By Oscar R. Martinez Date Assistant City Manager COYM, REHMET & GUTIERREZ ENGINEERIN L l By s/ f� /3 =P Date 5. taples St., Suite 230 Corpus Christi, TX 78411 (361) 991 -8550 Office (361) 993 -7569 Fax AMD. NO. 3 Page 1 of 2 KAENGINEERING DATAEXCHANGE%NGIEMISTREETM63 BEAR LANE SPRID TO OLD BROWNSVILLE ROAD BOND 2GOMAGENDA ITEM AMENDMENT NO 31AMENDMENT NO 3.DOC RECOMMENDED By r fir 1 Daniel Biles, P.E., Date Director of Engineering Services APPROVED AS TO FORM By By Office of Management Date and Budget Assistant City Attorney Date ATTEST By Armando Chapa, City Secretary Project Number: 6463 Fund Source No: 550950- 4476 - 00000 - 170119 Fund Name: Water CIP Rev. Bond 2008 Encumbrance Number: E6463ACO ENTERED ,� , ,�✓ MAY 142013�� CONTRACT MANAGERS AMD. N7' O. 3 Page 2of2 K:IENGINEERING DATAEXCHANGEVINGIEMISTREEM463 BEAR LANE SPRID TO OLD BROWNSVILLE ROAD BOND 200MAGENDA ITEM AMENDMENT NO 3ViMENDMENT NO &DOG lgoy.i n., Rehmet & Gutierrez Elgxneermg,L.P, ENGINEERS • PLANNERS • SURVEYORS TBPE Firm Reg. No. F -388 April 2, 2013 Daniel Biles, P.E. Director of Engineering Services City of Corpus Christi Department of Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Dear Mr. Biles, r. 58&6S.STARI. A6U>{7ano r0IRPWWM %1rX784= 38Z4WAW B0 FAXZft"93.7688 10 N.7WW 6W 6 81ATEa AUMTX78332 3614WW Z1 FAK; GIAM 14M RE: Contract Amendment No. 3 Bear Lane — Old Brownsville Rd. To SPID City of Corpus Christi Project No. 6463 CRG Job No. 20212c We were recently requested to prepare an Amendment to the referenced contract for the following tasks associated with preparing construction plans and bid documents for re- bidding Phase IV of the Bear Lane Project which encompasses an area from Navigation Blvd. to Old Brownsville Load. The project scope will now include replacing the existing 36" water transmission main from Navigation to Old Brownsville Road. Originally the 36" water transmission main was included in the design phase up to the 90% level. However, it was removed from the scope of work at that time and the current construction plans were revised to accommodate leaving the existing 36" water main in place. The following tasks are associated with this Amendment No. 3: • Meet with City personnel to review the problem. • Onsite meetings regarding the construction options. • Survey As -Built conditions at Navigation intersection remaining area of project. • Develop construction drawings in English units on 11" sheets total). and document any changes to x 17" sheets (Approximately 70 • Prepare an opinion of probable construction costs including contingency amounts. • Prepare Special Provisions, Specifications and Forms of Contracts and Bonds. • Provide Quality Assurance /Quality Control (QA/QC) for pre -final review and prepare submittal for City's review depicting pre - final complete development of the construction drawing and specifications. • Submit one (1) hard copy and one (1) electronic copy of the final contract documents and specifications to the City for bidding process. • Provide Bid Phase services. • Provide Construction Administration Phase services. AMD. :NO. 3 EXHIB" Pa e 2 Mr. Daniel Biles, P.E. Contract Amendment No: 3 Page 2 of 2 Below is a tentative schedule for completion of the remaining work associated with Phase IV of Bear Lane. ACTIVITY DATE Begin Design Phase Upon Approval of Amendment No. 3 Prefinal Submittal May 31, 2013 Final Submittal June 10, 2013 Advertise For Bids June 24, 2013 Pre -Bid Conference July 17, 2013 Receive Bids July 24, 2013 Begin Construction September 25, 2013 Construction Completion June 22, 2014 The total amount of the Amendment is $73,470.00 as shown in the breakdown on Attachment W. The manhour and fee analysis for the Amendment is shown in Attachment "B" and includes a breakdown for Basic Services and Additional Services. If you have any questions or require additional information, please give me a call 361 -991 -8550 or email me at jcoym@crgei.com. Very truly yours, COYM, REHMET & GUTIERREZ ENGINEERING, L.P. Je oym, E. Attachments: Attachment "A" (I page) Attachment "B" (3 pages) AMD. NO. 3 EXHIBIT "A" Pa e2of2 m(MDO � Q) LL- O oz z c� a o E Elm 2 N C J as AM©. NO. 3 EXHIBIT "B" Page 1 of 1 0 00000 0 0 0 0 O O ooa000000 O O 0 0 0 0 0 0 . 0' 0 Co 4j 0 N) L6 LO d O Ld CV 0 U) O O O m Lo O O O OO o N 61) 0 L C) : h 0 N to Lo Ln N r N ON h-�0 O c (OddLl) - d n - O m-V-O0 V 0 C N ITf-, w0N O C r O G> r CO } N. M M 00 � 69 909 69 hER fH a .- � AM©. NO. 3 EXHIBIT "B" Page 1 of 1 O O O O 0 0 0 0 0 0 0 0 0 Co d d O d O O d d O p O O O d p f L C) O L o 0 000000000 O O rnNML V odor QMi Z Q } Ln M r � 69 69 hER a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 000000000 d N BOO C?� 000000000 O 2 O '� ��Yi rr -- N Z `'tom"', LiI LD L(I C0 C� 65 (R (H Lj c Q 0 0 0 0 0 0 0 0 o d d d d d o 00000 000000000 0 �- 00060 of O d d 0 0 0 0 C O p O r L CL 0 (q (D _ Z I d O O ci C 69 69 M O � Q 0 0 0 0 0 0 Co 0 0 0 Co 0 0 0 Cl oonoo 000000000 d h L(j Oe� l() lef�1 N� p N LO L° LO CN M OOD O CD (Q CD N CD C)) 0 LC) O a) 0: h V M�(ODO O r dN rN ^OON OD O 6R CD N Z; O n 0 d d o 0 0 0 o 0 o 0 0 d i O O O O O 0 0 0 0 0 0 0 0 0 0 Q? 00030 ONO —MNN(r m Oi N DD—N LCD co (D hr NM r co r r V' O t� r O �0) CD M CD 00000 00000(D000 0 . d d d d o d d d d 0 0 0 0 0 Z LhO w �O NM 0O— CO pM C) N Lo O co Ln VN N 6) r ��N l() U O) OD OD CA OD Q N U ip 00 MMMC>a N V- mr0r O mro }� NfR N N CD OD Cn 6699 O N CN O a d d O n o n n 0 n o 0 0 0 o n 0 i OO�CDOO 000000000 O - OLMD j ((DDpMI+LM+ co- - N M O M (D V) V: 6) 6) O Cn "t C 7 CO NN NMNOD °rte`' r N U O O O O O O CD Q O O O O O O d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000h LC)0 d{,- d 01+w K)dh N h +- CD h CD - CD N co co h It m M O (D N M LC) M O h DD r m m Cl) m M Lo r N Lo CN O C) +' h M O M 0 0 N AM©. NO. 3 EXHIBIT "B" Page 1 of 1 c a a) � E C O c i-- r H Q G . C a- O ' E > a� W +r V c Ip V O I-W) O O W r N di O (, "'yWr o 0 0 N d 0 Z Z Z �. Ili t o I- a 'o > 'a E w� ° >= a aa� 0 � r V Z 0 0 0 0❑ E °a a c `1 1 OR r` .1 n c 0 0 c - uD c c o 0 0 0 0 0 0°n o cf) °O 00 0 0 0 U 00 o 0 0 0 0❑ 01 °a O °o U) a) LL C> t0? .� V CL N 6� a U C) in N c Ln W (U O (U d Lr) = a Lf) � 45- U m c co C- v C Im . C � (!7 O M 2) a O C%4 O .'tea2 ` m p� C4 a CNI w U co co N U -J a r ao a 00 00 0 0 0 Q 0 O 0 0 0 p p� p o 0 m m O � Lo Lf) 69- E/} EF} 6!? 0 0 0 0 00 0 0 0 ❑❑ 0 O o Co m (o o m °o I � T O r 0 q Q Q Lf) r 0 O. O 60 r 01 0) 0) O 0) O r Qo r r O O N m m M r M V ~~ W N r O r W) N Cl) Lei M w EAR 6F} 6& t& Eg 000069- 060oa� 9. (ao00ommOc- F- 0 O o 0 o 0 C) o 0 0 0 ❑ p CD C) o m o) F- r~a,o(oo T T °O�a°� 0)ipprn ornrn T pp T V-- O O N (M H M V Aa o 0 w M ai o 0) 0) T- N T Lo N M Uf) co OD tq 69- 6F} H) 613 �1 u AMD. NO. 3 EXHIBIT "C" Page 1 of 1 N U (01) Q) U) a) LL t0? .� V CL N U) a U (1) U N N c W (U O (U d nY = a U) N � 45- U m c co C- v C c . C � (!7 O M 2) a O sA O .'tea2 ` m p� m a o w U co �1 u AMD. NO. 3 EXHIBIT "C" Page 1 of 1 N U (01) U) a) LL t0? .� c4 (1) U W c O d LL LL N j CO) C c C- d C 0) O (!7 O M LL .'tea2 p� ❑ p E 0 co N U -J a r ao a a�L S a aa0�0Cf) A com¢h- �1 u AMD. NO. 3 EXHIBIT "C" Page 1 of 1 SUPI'l.l�E; NUMnGR TO }31: ASSIGNGi� Hl'-U'ITi'�-- - -- R KHOHASING DIVISION Cif"" Q� CITY OF CORPUS CHRISTI City, DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17] 12 as amended, requires all persons or firms seeking to do business with the City to provide the following information. lively question must be answered. If the, question is not applicable, answer with '`NA ". See reverse side for Filing Itequirements, Certifications and definitions. CO,INTPANY NAME: Coyin, ltehniet & Gutierrez, LT, P. 0. BOX: STREET ADDRESS: 5656 South Staples St., Suite 230 CI'T'Y: Corpus Christi ZIP:. 78441 l FIRM IS: 1. Corporation 2, Partnership , Sole Owner 4. Association e 5. Other p 8 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa b=e or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi lhavin}� an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) ::Pit - — 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 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of tite ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that f 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: IC C04,V% Title: PaP}Atf (Type or Print) Signature of Certifying Date: 3 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 5 • 4 Al ow O C1) � O � N u N O U � N U� Ul eawi Q Q U W N N S O R N L �a U O N E N W O M Ir- O N cn I Q O C: N N Co � CoC: .0 C: C: O_ �&-j UCL o U O � U �4-1 cn N C: O � U N U m C/) Q N +r U � N � O� �.Q x e v �t co �.Q U� J O' O 1 0 0 0 0 O 00 O O LO 0 co co f- O O 0 0 0 0 O' O' O CO f- B O O co O O r- O' O co' O! O' O CO IT IT O' IT r (0 6 V r- L N V O V 6 C O O LLc� r- O ' IT CO CO CO LO O f- 1- 1- 1- CO � O m N' LO IT co LO r- O' LO r V7 N C7 O L6 N 0 0 O O 00 00 0 O m C14 N _ �'� :'70 Q :... 0 ; ;; U) U) �. L N L ; Q p p �a) aa� -i a)', J' J C,5 ' C,5 M' E W M'' c0 a) a) 0) 0) U) U) � a) M �.. 0 U � m > > U) 70 W W — — L H C: N N a) a) p �', �' (U6' (U6 p U (u C: p a) LO U a) E U to to U (0 p E a) 70 70 U O (0 (0 m p Q (n Q p pj C: a) .:.: or) IM7 .: a o o LL 2� a) N 3 J m V W O m T- � U J 0 O O N' �. O �, W f\ iri E E W W p N Q O N N, CY U) U '�, N N 1 1 a) Q 0 > aa) a� a� a� w M o �i co) co) o o o a a x �- LLL�� `i `i � E L O (6 (6 : p �p to to 'N . LL MM00 C JL ''mn V LL LL U U W W W L. LL L W E.N111111M. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 DATE: May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826 -3227 Authorization for the Issuance of General Improvement Bonds to finance Bond 2012 Projects CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. PIIPPO-RF- On November 6, 2012 the citizens of Corpus Christi approved seven of the eight bond propositions included in the Bond 2012 election. The project cost associated with the seven propositions total $88,010,000. This agenda item authorizes the issuance of up to $88,010,000 of General Improvement Bonds to fund the projects associated with each of the seven propositions. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and Director of Financial Services in Part B of this agenda item. Part B: On November 6, 2012 the voters of Corpus Christi approved seven of the eight bond propositions on the ballot. Those approved were as follows: In order to adhere to the time schedules to insure timely completion of these projects, the City has already begun moving forward with contracts. On December 18, 2012, the City Council approved an ordinance expressing the City's intent to reimburse itself for costs incurred prior to the receipt of the bond proceeds. This agenda item will authorize the issuance of the bonds to reimburse the City for any costs already incurred and to fund the remaining projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $88,010,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale Projected tax increase Amount Authorized Purpose per $100 valuation Proposition 1 $55,000,000 Street Improvements No impact Proposition 3 $4,750,000 Service Center Complex Improvements $0.00264 Proposition 4 $16,000,000 Parks and Recreation Improvements $0.00866 Proposition 5 $2,340,000 Museum & Library Improvements $0.00136 Proposition 6 $820,000 Public Health Improvements $0.00054 Proposition 7 $700,000 Public Safety Improvements $0.00046 Proposition 8 $8,400,000 Economic Development Projects $0.00458 TOTAL $0.01824 In order to adhere to the time schedules to insure timely completion of these projects, the City has already begun moving forward with contracts. On December 18, 2012, the City Council approved an ordinance expressing the City's intent to reimburse itself for costs incurred prior to the receipt of the bond proceeds. This agenda item will authorize the issuance of the bonds to reimburse the City for any costs already incurred and to fund the remaining projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $88,010,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered /Expended amount of (date) - - - - This item - $ 88,010,000 - $ 88,010,000 BALANCE - $ 88,010,000 - $ 88,010,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The financial impact of this item is consistent with the financing plan included with the adopted 2013 Capital Improvement Plan and the proposed 2014 Capital Improvement Plan. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY /NON- EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule Ordinance � K" Jac. INVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A And Not More than More than $ $ 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 No Limit $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A Draft 5/21/13 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" IN AN AMOUNT NOT TO EXCEED $88,010,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council (the City Council of the City of Corpus Christi, Texas (the City) hereby finds and determines that general improvement bonds of the City, representing an allocation against the hereinafter described voted authorization in the total principal amount of $ (being the principal amount of $ and a portion of the premium of $ ), should be issued and sold at this time, being the first installment of general improvement bonds approved and authorized to be issued at an election held on November 6, 2012, the respective authorized purposes and amounts authorized to be issued therefor, amounts previously issued, amounts being issued pursuant to this Ordinance, and amounts remaining to be issued from such voted authorizations subsequent to the date hereof being as follows: 52738587.2 Premium Bonds Allocated to Date Amount Previously Issued Amount Voted Purpose Authorized Issued Bonds Herein Authorization Unissued 11 -6 -12 Street Improvements $55,000,000 $0.00 $ $ $ 11 -6 -12 Service Center Complex Improvements $4,750,000 $0.00 $ $ $ 11 -6 -12 Parks and Recreation Improvements $16,000,000 $0.00 $ $ $ 11 -6 -12 Museum and Library Improvements $2,340,000 $0.00 $ $ $ 11 -6 -12 Public Health Improvements $820,000 $0.00 $ $ $ 11 -6 -12 Public Safety Improvements $700,000 $0.00 $ $ $ 11 -6 -12 Economic Development Projects $8,400,000 $0.00 $ $ $ 52738587.2 WHEREAS, the City Council intends to issue an aggregate principal of $ in general improvement bonds the proceeds of which will be utilized to provide for the (i) purpose of making permanent public improvements and for public purposes described above and (ii) payment of the costs of issuance of the general improvement bonds; WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement bonds is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General improvement bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND NO /100 DOLLARS ($ ) to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" (the Bonds), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 6, 2012, an ordinance adopted by the City Council on June 11, 2013, and the City's Home Rule Charter. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the further designation of the Bonds by series and by year, approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the Dated Date thereof, the rate of interest to be borne on the principal amount of each such maturity, and the identity of the Purchasers (which may include a syndicate of underwriters and the identification by the Authorized Representative of the duties of such syndicate members) selected from the City's pool of approved underwriters. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Bonds shall be issued in the principal amount not to exceed $88,010,000; the maximum maturity of the Bonds will be March 1, 2043; and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to their initial delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as 52738587.2 - 2 - required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated June 1, 2013 (the Dated Date), shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered "R" and numbered consecutively from One (1) upward, and principal shall become due and payable on March 1 in each of the years and in amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereafter defined) to which interest has been paid or duly provided for to the earlier of redemption or Stated Maturity, at the rates per annum, while Outstanding, in accordance with the following schedule: Years of Stated Maturity 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Principal Amounts ($) Interest Rates The Bonds shall bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the 52738587.2 -3 - above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing March 1, 2014 (the Interest Payment Date), while the Bonds are Outstanding. SECTION 3: Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of BOKF, NA dba Bank of Texas, Austin, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent /Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds' Stated Maturity or upon redemption of the Bonds, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on 52738587.2 - 4 - the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on March 1, 20 and March 1, 20 are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 Term Bonds Stated to Mature on March 1, 20 Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity 52738587.2 -5 - The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after , 20 shall be subject to redemption prior to Stated Maturity at the option of the City, on , 20 , or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying 52738587.2 - 6 - Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street dournal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (i) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (ii) to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5: Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or her duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. 52738587.2 - % - Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7: Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 52738587.2 - 8 - SECTION 8: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 52738587.2 - 9 - B. Form of Definitive Bond. REGISTERED NO. United States of America State of Texas REGISTERED PRINCIPAL AMOUNT Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND, SERIES 2013 Dated Date June 1, 2013 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year commencing March 1, 2014. Principal and premium, if any, on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 52738587.2 _10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 6, 2012, the Ordinance, and the City's Home Rule Charter. The Bonds stated to mature on March 1, 20 and March 1, 20 are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 Principal Year Amount ($) *Payable at Stated Maturity Term Bonds Stated to Mature on March 1, 20 Principal Year Amount ($) The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after 20 may be redeemed prior to their Stated Maturities at the option of the City, on 20, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first -class postage prepaid, to the Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof 52738587.2 - 11 - is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a 52738587.2 -12- Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 52738587.2 - 13 - IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) CITY OF CORPUS CHRISTI, TEXAS Mayor [The remainder of this page intentionally left blank.] 52738587.2 -14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) * Note to Printer: Not to appear on printed Bonds Only. Comptroller of Public Accounts of the State of Texas D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds REGISTRATION CERTIFICATE OF PAYING AGENT /REGISTRAR This Bond has been duly issued under the provisions of the within- mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: BOKF, NA dba BANK OF TEXAS, Austin, Texas, as Paying Agent/Registrar 52738587.2 -15 - Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof). 52738587.2 -16- (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2014. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of BOKF, NA dba Bank of Texas, Austin, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Bonds, the Definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and /or the City Secretary. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" authorized by this Ordinance. D. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. 52738587.2 -17- E. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being March 1 and September 1 of each year, commencing March 1, 2014, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on June 11, 2013. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; 52738587.2 - 18 - (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 21 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Bond Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Bonds, there shall be and is hereby created a special fund to be designated "GENERAL IMPROVEMENT BONDS, SERIES 2013 INTEREST AND SINKING FUND" (the Bond Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any fund created and established pursuant to the provisions of this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in such 52738587.2 _19- fund shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12: Deposits to Bond Fund — Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest received from the Purchasers shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. 52738587.2 -20- No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder as it appears in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. 52738587.2 -21- Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18: Sale of Bonds — Official Statement Approval — Approval of Purchase Contract. The Bonds authorized by this Ordinance are hereby sold by the City to , as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2013 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed, and approved in all respects. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2013, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and /or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a 52738587.2 -22- certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Proceeds from the sale of the Bonds shall be applied as follows: (1) Accrued interest on the Bonds (in the amount of $ ), received from the Purchasers, shall be deposited into the Bond Fund. The City received a [net] premium from the sale of the Bonds of $ which is hereby allocated by the City in the following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, (3) $ is allocated toward the City's voted authority, and (4) $ shall be deposited into the Bond Fund as the contingency amount. (2) The balance of the proceeds (including a portion of the premium in the amount of $ and principal in the amount of $ , totaling $ ) derived from the sale of the Bonds (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Bonds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax- Exembt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. 52738587.2 -23- Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced 52738587.2 -24- directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and 52738587.2 -25- the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required 52738587.2 -26- pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers, the initial exchange thereof for definitive Bonds. SECTION 21: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Bonds. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow 52738587.2 -27- agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract — Amendments — Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a 52738587.2 -28- majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 32: Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. 52738587.2 -29- SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 36: Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EAIDJA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 20 of this Ordinance, being the information described in Exhibit D hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit D hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such 52738587.2 -30- financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax exempt status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; 52738587.2 -31 - (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing Governing Body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR 52738587.2 -32- TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. 52738587.2 -33 - Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 37: Book -Entry Only System. It is intended that the Bonds will be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited 52738587.2 -34- with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank] 52738587.2 -35 - PASSED, APPROVED AND ADOPTED on the 11th day of June, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 11th DAY OF JUNE, 2013: Carlos Valdez, City Attorney Schedule I — Approval Certificate Exhibit A — Paying Agent/Registrar Agreement Exhibit B — Purchase Contract Exhibit C - Description of Annual Financial Information Exhibit D — DTC Letter of Representations 52738587.2 S -1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 11th day of June, 2013, authorizing the issuance of the City's General Improvement Bonds, Series 2013, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 11th day of June, 2013. City Secretary (CITY SEAL) 52738587.2 S -2 SCHEDULEI APPROVAL CERTIFICATE SEE TAB NO. 52738587.2 Schedule 1 -1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. 52738587.2 A -1 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. 52738587.2 B -1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section for each Year ending in and after 2011 are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", and "THE TAX INCREMENT FINANCING ACT ", and in Appendix C. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 52738587.2 C -1 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. 52738587.2 D -1 to AGENDA MEMORANDUM Public Hearing and Future Item for the City Council Meeting of May 28, 2013 Resolution Action Item for the City Council Meeting of June 11, 2013 DATE: May 21, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods cctexas.com 361- 886 -2603 Public Hearing for and Resolution approving the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District. CAPTION: Public Hearing for and resolution approving the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District. GROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1 /8t" -cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on April 17, 2013 and the Board adopted the budget on the same day. The City Council now must hold a public hearing in accordance with notice and all other procedures required by law. The budget must now be submitted to the City Council for approval. The resolution approving the FY 2013/2014 budget for the Corpus Christi Crime Control and Prevention District will be scheduled for action on June 11, 2013. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTALCLEARANCES: Finance FINANCIAL IMPACT: Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $6,432,262 $6,432,262 BALANCE $6,432,262 $6,432,262 Fund(s): 9010 — Crime Control and Prevention District fund Comments: Revenues of $7,401,891 are budgeted to support the expenditures. RECOMMENDATION: Staff recommends approving the budget LIST OF SUPPORTING DOCUMENTS: Budget adopted by the Crime Control and Prevention District Board of Directors Resolution Approving the Crime Control and Prevention District Budget Presentation tf 0 ........... u It Owosso r� 0 a� a� Loot 0 u w E 4-; a� Ion% %aw'l mo a� 0 0 0 Ol 4) IOJ will,;O, tf 0 ........... u It Owosso r� 0 a� a� Loot 0 u w E 4-; a� Ion% %aw'l mo a� 0 0 0 4) tf 0 ........... u It Owosso r� 0 a� a� Loot 0 u w E 4-; a� Ion% %aw'l mo a� 0 0 0 IF- -Iqm 0 a� a� 0 (1) 4) IF- -Iqm 0 a� a� 0 (1) Resolution Approving the FY 2013 -2014 budget for the Corpus Christi Crime Control and Prevention District BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. The fiscal year 2013 -2014 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott City of Corpus Christi Crime Control & Prevention District FY- 201112012 Actual Year End Numbers FY- 201212013 Year End Estimates FY- 201312014 Proposed Budget CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS FY- 201312014 Page Program Org. No. No. 1 Financial Statement - 2 Police Officer Costs 11711 3 Police Officer Trainee Intern 11712 4 Pawn Shop Detail 11713 5 Public Safety Vehicles & Equipment 11717 6 Police Academy Costs 11718 7 Graffiti Eradication Program 11719 8 Juvenile Assessment Center 49002 9 Citizens Advisory Councils 49008 10 Juvenile City Marshals 49010 11 Reserve Appropriation 80080 Crime Control & Prevention District FY- 2011/2012 Actual Revenues & Expenditures FY- 2012/2013 Year End Revenue & Expenditure Estimates FY- 2013/2014 Proposed Budget Beginning Balance 1,977,677 2,790,674 2,790,674 3,877,035 Revenues Sales Tax 6,113,146 6,413,836 7,035,039 7,386,791 Interest on Investments Actuals Amended Estimated Proposed - - 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Beginning Balance 1,977,677 2,790,674 2,790,674 3,877,035 Revenues Sales Tax 6,113,146 6,413,836 7,035,039 7,386,791 Interest on Investments 1,972 4,622 2,100 2,100 Net Inc. /Dec. in FV of Investm - - - - Interest Earned - Interfund - - 101 - Interdepartmental Services - - 699 - Recovery of Prior Yr. Expenses - - - - Transfer from Group Health Fd. - - - - Transfer From Gen. Liability Fd. - - 57,133 - Transfer From Workman's Comp - - 50,806 - Juvenile Drug Testing 11,206 16,550 13,000 13,000 Total Current Revenues 6,126,324 6,435,008 7,158,877 7,401,891 Total Funds Available 8,104,001 9,225,683 9,949,552 11,278,926 Expenditures Police Officer Costs 4,404,888 4,681,478 4,623,002 4,797,856 Police Officer Trainee Intern - 210,000 210,000 252,903 Pawn Shop Detail 137,388 157,661 124,876 163,262 Public Safety Veh. & Equip. 134,369 256,327 256,327 230,000 Police Academy Costs - 145,000 145,000 145,905 Graffiti Eradication Program 47,647 - - - Juvenile Assessment Center 375,797 424,905 416,322 431,800 Citizens Advisory Council 21,500 16,462 20,742 133,028 Juvenile City Marshals 191,739 199,650 202,642 202,507 Reserve Appropriation - 73,606 73,606 75,000 Total Expenditures 5,313,327 6,165,088 6,072,517 6,432,262 Ending Balance 2,790,674 3,060,595 3,877,035 4,846,664 Surplus /(Deficit) 812,997 269,921 1,086,360 969,629 1 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS -11711 EXPENDITURE BUDGET Account Description Actuals I Amended I Estimated Proposed 1 Overtime 2011/2012 2012/2013 2012/2013 2013/2014 Salaries and Wages 2,532,688 2,636,849 2,619,731 2,705,505 Overtime 243,023 235,000 256,768 275,000 Other Pay 170,655 210,000 200,413 275,000 Retirement 652,087 691,875 688,337 730,861 Group insurance benefits 363,627 362,028 362,028 380,130 Other employee benefits 11,194 9,660 9,660 9,660 Chemical /household supplies - 500 500 500 Clothing 35,185 50,000 50,000 60,000 Fuel & lubricants 99,646 200,000 150,000 175,000 Food and food supplies 525 250 250 300 Minor tools & equipment 108,663 102,400 102,400 10,000 Minor office equipment - - - - Office supplies 790 1,000 1,000 1,000 Maintenance & repairs - 200 200 200 Hydrants parts & supplies - - - - Pipe, fittings, drainage - - - - Professional services 1,696 1,055 1,055 1,200 Vehicle repairs 46 300 300 300 Postage & express charges 165 - - - Telephone /telegraph service 12,285 14,000 14,000 15,000 Demolition /clean up service - - - - Equipment maintenance - 1,000 1,000 1,000 Memberships, licenses & dues 55 - - - Health Insurance Exp. -P.O. - - - - Police Supplemental Insurance 6,000 6,000 6,000 6,000 Police Vision Insurance 3,855 4,200 4,200 4,200 Sworn Empl - Dental 20,618 27,000 27,000 27,000 Self Insurance Allocation 142,085 128,160 128,160 120,000 Totals 4,404,888 4,681,478 4,623,002 4,797,856 FTES: FY- 2011/2012 -50 Police Officers FY- 2012/2013 -50 Police Officers FY- 2013/2014 -50 Police Officers 2 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER TRAINEE INTERN -11712 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2011/2012 I 2012/2013 I 2012/2013 2013/2014 Salaries & Wages - 171,500 171,500 206,536 Retirement - 38,500 38,500 46,367 Totals - 210,000 210,000 252,903 FY- 2012/2013 -funds appror. on 09/19/12 for hiring of 6 Police Officer Trainee Interns FY- 2013/2014 -10 Police Officer Trainee Interns 3 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed Overtime 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries and Wages 80,107 96,466 68,702 98,138 Overtime 3,484 1,500 3,457 4,000 Other Pay 478 2,000 2,000 3,000 Retirement 18,090 22,442 16,413 23,604 Group insurance benefits 18,431 19,836 19,836 20,828 Other employee benefits 898 780 780 780 Minor tools & equipment - 100 100 100 Minor office equipment - 400 400 400 Office Supplies 2,807 1,800 1,800 1,800 Non - Capital Lease Payments 1,742 2,100 1,153 988 Self Insurance Allocation 11,352 10,236 10,236 9,624 Totals 137,388 157,661 124,876 163,262 FTES: FY- 2011/2012 -4 ftes FY- 2012/2013 -4 ftes FY- 2013/2014 -4 ftes 0 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES -11717 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Minor Tools & Equipment Vehicles & Machinery Other Equipment - 3,200 3,200 - 130,838 225,000 225,000 200,000 3,531 28,127 28,127 30,000 Totals 134,369 256,327 256,327 230,000 FY- 2011/2012 -5 replacement vehicles FY- 2012/2013 -5 replacement vehicles FY- 2012/2013 -funds approp. on 10/17/12 for purchase of 3 police motorcycles FY- 2013/2014 -5 replacement vehicles /2 police motorcycles 5 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE ACADEMY COSTS -11718 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries & Wages - 118,415 118,415 119,155 Retirement - 26,585 26,585 26,750 Totals - 145,000 145,000 145,905 FY- 2012/2013 -funds approved on 09/19/12 to hire 5 additional Police Officer Trainees FY- 2013/2014 -5 Police Officer Trainees A CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT GRAFFITI ERADICATION PROGRAM -11719 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 3,992 - - - 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries and Wages 20,216 - - - Overtime 245 - - - Retirement 3,992 - - - Group insurance benefits 10,812 - - - Other employee benefits 449 - - - Chemical /household supplies 156 - - - Fuel & lubricants - - - - Books and Periodicals 90 - - - Minor tools & equipment 255 - - - Minor office equipment 40 - - - Office Supplies 3,692 - - - Professional services - - - - Rentals 1,846 - - - Non- Capital Lease Payments 152 - - - Telephone /telegraph service - - - - Self Insurance Allocation 5,702 - - - Totals 47,647 - - - FTES: FY- 2011/2012 -1 fte- deleted Graffiti Coordinator FY- 2012 - 2013 -0 fte- program no longer funded by Crime Control 7 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER -49002 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed Overtime 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries and Wages 201,814 225,234 212,064 222,717 Overtime 22 500 500 500 Other Pay 1,046 2,500 2,500 2,500 Retirement 43,565 51,239 47,885 50,673 Group insurance benefits 15,875 22,140 22,140 23,247 Other employee benefits 1,478 1,296 1,296 1,296 Chemical /household supplies 86 - - - Clothing 370 - - - Books & periodicals 1,302 1,000 2,000 10,000 Food & food supplies 562 500 1,200 4,700 Minor tools & equipment (31) 400 400 400 Minor office equipment 4,151 500 700 500 Office Supplies 3,812 3,800 3,800 5,200 Maintenance & repairs - 300 300 300 Recreational supplies /equip. 110 - - - Professional services 13,598 16,550 13,000 14,500 Personal computer repairs - 250 - - Temporary services 1,956 - 10,552 - Postage & express charges 117 300 150 150 Rentals 53,544 65,000 65,000 65,000 Mileage reimbursement 40 4,000 1,500 2,000 Non - Capital Lease Payments 3,047 2,800 2,294 2,300 Telephone /telegraph service 4,510 3,500 4,500 4,500 Building maint & service 4,125 400 800 400 Training - General 515 1,500 1,600 1,500 Printing advertising & PR - 500 800 500 Printing outside print shops 307 200 375 300 Membership & dues 200 300 300 300 Travel 945 3,300 3,300 2,500 Miscellaneous charges - - 470 - Self Insurance Allocation 18,731 16,896 16,896 15,816 Totals 375,797 424,905 416,322 431,800 FTES: FY- 2011/2012 -6.6 ftes FY- 2012/2013 -6.6 ftes FY- 2013/2014 -6.6 ftes CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CITIZENS ADVISORY COUNCIL -49008 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed Overtime 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Salaries & Wages - - - 78,689 Overtime - - - 2,000 Other Pay - - - 1,000 Retirement - - - 18,339 Minor Office Equipment - - - 2,000 Office Supplies - - - 2,000 Maintenance & Repairs - 3,500 3,500 3,500 Professional services 10,000 - - - Postage & express charges - - - 300 Non - Capital Lease Payments 487 - 487 2,000 Telephone /telegraph service - - 600 2,200 Moving & Grounds Maintenance 620 - - - Printing advertising & PR - 11,962 15,155 16,000 Printing outside print shops 10,393 1,000 1,000 5,000 Totals 21,500 16,462 20,742 133,028 FTES: FY- 2013/2014 -3 ftes 9 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed Overtime 2011/2012 I 2012/2013 I 2012/2013 2013/2014 Salaries and Wages 118,551 124,300 127,245 124,300 Overtime 19,166 15,000 14,835 17,000 Other Pay - 2,500 2,500 2,500 Retirement 29,736 31,834 32,047 32,283 Group insurance benefits 15,099 17,748 17,748 18,636 Other employee benefits 673 588 588 588 Self Insurance Allocation 8,514 7,680 7,680 7,200 Totals 191,739 199,650 202,642 202,507 FTES: FY- 2011/2012 -3 ftes FY- 2012/2013 -3 ftes FY- 2013/2014 -3 ftes 10 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE APPROPRIATION -80080 EXPENDITURE BUDGET Account Description Actuals Amended Estimated Proposed 2011/2012 I 2012/2013 I 2012/2013 1 2013/2014 Reserve Appropriation - 73,606 73,606 75,000 Totals - 73,606 73,606 75,000 11 U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of May 28, 2013 2852 Second Reading for the City Council Meeting of June 11, 2013 DATE: April 29, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning to Single - Family Residential for Palm Land Investment, Inc. Property Address: 7564 Brooke Rd. CAPTION: Case No. 0413 -01 Palm Land Investment, Inc.: A change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property is described as being a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road. PURPOSE: The purpose of this item is to rezone the property to allow development of a single - family subdivision with a minimum lot size of 4,500 square. RECOMMENDATION: Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow the construction of a single - family subdivision with a minimum lot size of 4,500 square. The proposed rezoning is an expansion of the "RS -4.5" Single - Family 4.5 District to the west. This rezoning is compatible with current zoning and development patterns in the area and would not negatively impact the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning is not consistent with the planned medium density residential use on the eastern 38 acres of the subject property. 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.: 0413 -01 HTE No. 13- 10000010 Planning Commission Hearing Date: April 24, 2013 Applicant /Owner: Palm Land Investment, Inc. _ .o Representative: A.C. Frankson, Balusek - Frankson ma Legal Description /Location: Being a 60.54 -acre tract of land out of Lots 5A, 'Q 7- 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden c otf o Tracts, located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road. From: "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District 'o Cr To: "RS -4.5" Single - Family 4.5 District N Area: 60.54 acres Purpose of Request: To allow development of a single - family subdivision. Existing Zoning District Existing Land Use Future Land Use "FR" Farm Rural, Vacant & Low & Medium Site "RS -6" Single - Family 6, & "RS Conservation/ Density Residential c -10" Single-Family 10 Preservation "RS -6" Single - Family 6 & Conservation/ Conservation/ 'o ? North "FR" Farm Rural Preservation & Park Preservation & Park CSouth "FR" Farm Rural Drainage Corridor Drainage Corridor c n East "FR" Farm Rural Conservation/ Conservation/ Preservation Preservation w "FR" Farm Rural, West -TF" Two - Family & Low Density Low Density ""RS RS -4.5" Single - Family Residential Residential 4.5 Area Development Plan: The subject property is located in the Southside aArea Development Plan (ADP) and is planned for low density residential and c� C medium density residential uses. The proposed change of zoning to the ' "RS -4.5" Single - Family 4.5 District is not consistent with the planned medium a 6 density residential use on part of the property. Q Map No.: 041031 & 040031 Zoning Violations: None Transportation and Circulation: The subject property has access to Oso Parkway, which is a "P1" Parkway Collector street; Dove Hollow Road, which is a local residential street; and Brooke Road, which is a "Cl" Minor C CL Residential Collector street. The subject property will have one point of access y to the South Fork Subdivision. The developer will be responsible for c constructing the future section of Oso Parkway, which is located on the subject property. Case # 0413 -01 Palm Land Investment Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District in order to allow construction of a single - family subdivision. The developer is proposing lots approximately 5,800 square -feet in area to be constructed in five phases. Existing Land Uses & Zoning: North of the subject property is a park and vacant land zoned "RS -6" Single - Family 6 District and "FR" Farm Rural District. South and east of the subject property is vacant land zoned "FR" Farm Rural District. West of the subject property is the South Fork Unit 2 subdivision zoned "RS -4.5" Single - Family 4.5 District and "RS -TF" Two - Family District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Southside ADP and is partially consistent with the adopted Future Land Use Plan, which slates the property for low density residential uses on the western 22.5 acres and medium density residential uses on the eastern 38 acres. Department Comments: • The proposed change of zoning is an expansion of the "RS -4.5" Single - Family 4.5 District to the west, which makes it compatible with current zoning patterns in the area. The development would not negatively impact the surrounding neighborhood. • The proposed development is partially consistent with the Future Land Use Plan. Although a medium density residential use is slated for the eastern portion of the property, Staff agrees that a low density residential use is appropriate for the land because a sufficient amount of multifamily zoning exists in the immediate vicinity and a multifamily use on the subject property would not have convenient access to an arterial -type street, which is a requirement of the Comprehensive Plan. • A 20 -foot wide vegetative buffer will be required along the edge of the Cayo del Oso. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type O Oso Pkwy. y "P1" Parkway 80' ROW 80' ROW Not Collector 40' paved 40' paved Available L Dove Hollow Local Residential 50' ROW 50' ROW Not Cn Rd. 28' paved 28' paved Available Brooke Rd. "Cl" Minor 60' ROW 50' ROW Not Residential Collector 40' paved 22' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District in order to allow construction of a single - family subdivision. The developer is proposing lots approximately 5,800 square -feet in area to be constructed in five phases. Existing Land Uses & Zoning: North of the subject property is a park and vacant land zoned "RS -6" Single - Family 6 District and "FR" Farm Rural District. South and east of the subject property is vacant land zoned "FR" Farm Rural District. West of the subject property is the South Fork Unit 2 subdivision zoned "RS -4.5" Single - Family 4.5 District and "RS -TF" Two - Family District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Southside ADP and is partially consistent with the adopted Future Land Use Plan, which slates the property for low density residential uses on the western 22.5 acres and medium density residential uses on the eastern 38 acres. Department Comments: • The proposed change of zoning is an expansion of the "RS -4.5" Single - Family 4.5 District to the west, which makes it compatible with current zoning patterns in the area. The development would not negatively impact the surrounding neighborhood. • The proposed development is partially consistent with the Future Land Use Plan. Although a medium density residential use is slated for the eastern portion of the property, Staff agrees that a low density residential use is appropriate for the land because a sufficient amount of multifamily zoning exists in the immediate vicinity and a multifamily use on the subject property would not have convenient access to an arterial -type street, which is a requirement of the Comprehensive Plan. • A 20 -foot wide vegetative buffer will be required along the edge of the Cayo del Oso. Case # 0413 -01 Palm Land Investment Page 3 Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "FR" Farm Rural District, "RS -10" Single - Family 10 District, and "RS -6" Single - Family 6 District to the "RS -4.5" Single - Family 4.5 District. Number of Notices Mailed — 69 within 200' notification area; c 4 outside notification area 0 As of April 29, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 2 (inside notification area); 0 (outside notification area) For 0.88% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) O N O A 7` b � 1 M b M n b M � I f2'S-6 60 48 11 400 ~80 Feet CASE: 0413 -01 2. SITE - EXISTING ZONING aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition 5 7 P y� 54 1 153 59 RS-6 1 Date Created: Prepared By:, of Development y� 41,Q7e R'92ia �� O City of Coleus Christi /1 NV IIW: AHbA & VW1VtKJhI1V 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 5 7 P y� 54 1 153 59 RS-6 1 Date Created: Prepared By:, of Development y� 41,Q7e R'92ia �� O City of Coleus Christi /1 Ordinance amending the Unified Development Code ( "UDC ") upon application by Palm Land Investment, Inc. ( "Owner "), by changing the UDC Zoning Map in reference to a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 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 Palm Land Investment, Inc. ( "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, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, May 28, 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 Palm Land Investment, Inc. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts (the "Property "), located east of Quail Creek Drive and at the east ends of Oso Parkway and Brooke Road, from the "FR" Farm Rural District, "RS -6" Single - Family 6 District, and "RS -10" Single - Family 10 District to the "RS -4.5" Single - Family 4.5 District (Zoning Map Nos. 040031 & 041031), 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 (60.54 -acre tract of land out of Lots 5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm and Garden Tracts) 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 0413 -01 Ordinance Palm Land Investment Page 2 of 2 FIELDNOTE DESCRIPTION FOR 60.54 ACRES OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING 60.54 acres of land situated in Lots 9, 10, 11, 5a, 6a & 7a, Section 26 of the Flour Bluff & Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 through 43 of the Map Records of Nueces County, Texas, said 60.54 acres of land conveyed to L & L Family Partnership Ltd. as follows: 0.126 portion by Carlyle B. Slabaugh, Jr. by Instrument No. 1998053978, 0.622 portion by C.B. Slabaugh et ux by Instrument No. 1998053979, 0.126 portion by Amanda Haas by Instrument No. 1998053980, 0.126 portion by Paul Taylor Slabaugh by Instrument No. 1998053981, all dated October 15, 1998 and recorded in the Official Records of Nueces County, Texas, said 60.54 acres of land being more fully described by metes and bound as follows: All bearings based on the Texas Plane Coordinate System, South Zone. BEGINNING at an existing iron rod in the west right -of -way line of the Extension of Oso Parkway (80' R.O.W.)(1.146 acres) as conveyed to the City of Corpus Christi, Texas by Eusebio Garza III, Substitute Trustee by deed dated August 30, 1995 and recorded as Document No. 976523 in the Official Records of Nueces County, Texas, said iron rod also being the most eastern corner of a 0.080 acre tract of land conveyed to Ronald A. Voss, Jr. et ux by C.B. Slabaugh et ux by deed dated July 3, 1996 and recorded as Document No. 1996026200 in the Official Records of Nueces County, Texas, said iron rod bears S. 31 ° 26' 19" E., a distance of 50.00 feet along the west right -of -way line of the said Oso Parkway Extension from the most eastern corner of Lot 82, Block 4 of the South Fork Subdivision Unit 2 as recorded in Volume 49, Pages 92 & 93 of the Map Records of Nueces County, Texas, said iron rod also being the most northern corner of the herein described tract; THENCE, S. 310 26' 19" E., a distance of 573.54 feet along the west right -of -way line of the said Oso Parkway Extension to an existing iron rod marking the southwest corner of the said Oso Parkway Extension, said iron rod also being a corner of the herein described tract; THENCE, N. 58° 34' 04" E., a distance of 80.00 feet along the south line of the said Oso Parkway Extension to a point marking the southeast end of the said Oso Parkway Extension and continuing a distance of 30.57 feet along the south end of Lot 1, Block 8, South Fork Subdivision Unit 2 for a total distance of 110.57 feet to a point at the intersection between the upland area and the upper margin of the sand flat area, said point also being a corner of the herein described tract; THENCE, S. 29° 27' 59" E., a distance of 394.81 feet along the toe of slope of the upland area, same being the northeast line of Lot 5a, Flour Bluff and Encinal Farm and Garden Tracts to a 5/8" iron rod set for a corner of the herein described tract; iO:A:ii:11r_I Fieldnote Description For 60.54 Acres Of Land Nueces County, Texas Page 2 THENCE, S. 68° 55' 21" E., a distance of 267.34 feet along the toe of slope of the upland area, same being the northeast line of the Flour Bluff and Encinal Farm and Garden Tracts to a 5/8" iron rod set in the common line of Lots 6a & 7a, Flour Bluff and Encinal Farm and Garden Tracts at the common corner of Lots 6a & 7a, Flour Bluff and Encinal Farm and Garden Tracts, same being the northeast corner of a 23.9 acre tract of land Quitclaim deeded to Nueces County by C.B. Slabaugh et ux by Quitclaim deed dated December 22, 1986 and recorded in Volume 2041, Pages 312 through 315 of the Deed Records of Nueces County, Texas, said iron rod bears N. 28° 41' 21" E., a distance of 122.40 feet from the common corner of Lots 9, 10, 6a & 7a, Section 26 of the Flour Bluff and Encinal Farm and Garden Tracts, said iron rod also being a corner of the herein described tract; THENCE, along the toe of slope of the upland area, same being the common line with the Nueces County 23.9 acre tract of land as follows: THENCE, S. 45° 31' 38" E., a distance of 181.43 feet to a 5/8 inch iron rod set for a corner of the herein described tract; THENCE, S. 23° 13' 54" E., a distance of 208.51 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 02° 54' 16" E., a distance of 3 02. 10 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 12° 36'40" W., a distance of 269.96 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 16° 45' 13" W., a distance of 143.63 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 25° 58' 03" W., a distance of 65.68 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 330 10' 17" W., a distance of 99.16 feet to a 5/8 inch iron rod set for the corner of the herein described tract; THENCE, S. 62° 12' 22" W., a distance of 105.81 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" at the most eastern corner of a 3.431 acre tract of land conveyed by L & L Family Partnership Ltd. to the City of Corpus Christi, Texas by deed dated August 10, 2007 and recorded as Document No. 2007045011 in the Official Records of Nueces County, Texas, said iron rod also being a corner of the herein described tract; EXHIBIT A 12082 FieldNotes 60.54 Acres Fieldnote Description For 60.54 Acres Of Land Nueces County, Texas Page 3 THENCE, along the northeast line of the said 3.431 acre tract of land as follows: THENCE, S. 83° 30'59" W., a distance of 43.66 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for a corner of the herein described tract; THENCE, S. 71- 58' 36" W., a distance of 235.00 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, S. 840 21' 54" W., a distance of 185.04 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" at the Point of Curvature of a curve to the right, said iron rod also being a corner of the herein described tract; THENCE, in a southwesterly direction along the said curve to the right having a radius of 182.32 feet, a central angle of 34° 16' 56 ", chord bearing and distance: N. 780 24' 58" W., 107.47 feet, an are length of 109.09 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" at the Point of Tangency of said curve, said iron rod also being a corner of the herein described tract; THENCE, N. 61° 20' 21" W., a distance of 277.22 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, N. 42° 32'28" W., a distance of 69.72 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, N. 660 42' 17" W., a distance of 240.17 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, N. 61- 23' 45" W., a distance of 80.19 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; THENCE, N. 46° 05' 21" W., a distance of 154.74 feet to an existing 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER" for the corner of the herein described tract; EXHIBIT A 12082 FieldNotes 60.54 Acres Fieldnote Description For 60.54 Acres Of Land Nueces County, Texas Page 4 THENCE, N. 56° 04'45" W., a distance of 156.38 feet to a 5/8 inch iron rod set for a corner of the herein described tract; THENCE, N. 610 15'57" W., a distance of 250.01 feet to a 5/8 inch iron rod set for a corner of the herein described tract; THENCE, S. 820 22'02" W., a distance of 94.66 feet to a 5/8 inch iron rod set for a corner of the herein described tract; THENCE, N. 61- 15' 54" W., a distance of 112.20 feet along the northeast line of the said 3.431 acre tract of land to a 5/8 inch iron rod set in the common line of Lots 11 & 12 of the Flour Bluff and Encinal Farm and Garden Tracts, said iron rod bears N. 230 58' 23" E., a distance of 19.40 feet from a 5/8 inch iron rod capped with blue plastic cap stamped "MAVERICK ENGR., VICTORIA, TX, BOUNDARY MARKER ", said set iron rod also being the most western corner of the herein described tract; THENCE, N. 280 41' 21" E., a distance of 10.00 feet along the common line between Lots 11 & 12 for the Flour Bluff and Encinal Farm and Garden Tracts to a 5/8 inch iron rod set at the most southern corner of Block 2, South Fork Unit 5 as recorded in Volume 64, Pages 202 through 204 of the Map Records of Nueces County, Texas, and CONTINUING, N. 28° 41' 21" E., a distance of 1,290.00 feet along the common line between Lots 11 & 12, Flour Bluff and Encinal Farm and Garden Tracts, same being the southeast line of the said Block 2 and across Dove Hollow Drive and Block 3 of said South Fork Unit 5 for a total distance of 1,300.00 feet to an existing 5/8 inch iron rod for the most eastern corner of the said South Fork Unit 5, said iron rod also being the most southern corner of the said South Fork Subdivision Unit 2, said iron rod also being the most western corner of a 0.122 acre tract of land conveyed by C.B Slabaugh et ux to Terry D. Fonville et ux by deed dated July 3, 1996 and recorded as Document No. 1996026194 in the Official Records of Nueces County, Texas, said iron rod also being a corner of the herein described tract; THENCE, S. 61- 15' 54" E., a distance of 50.00 feet to an existing 5/8 inch iron rod set at the most southern corner of the said Terry D. Fonville et ux 0.122 acre tract of land, said iron rod also being a corner of the herein described tract; THENCE, N. 28° 28' 02" E., at 100.63 feet the most southern of a 0.160 acre tract conveyed to Lyle T. Mathews et ux by Document No. 1996026195 for a total distance of 242.28 feet to a 5/8 inch iron rod set at the most southern corner of a 0.053 acre tract conveyed to Robert H. Vaughn et ux by Document No. 1996026196, said iron rod also being the Point of Curvature of a curve to the right; EXHIBIT A 12082 FieldNotes 60.54 Acres Fieldnote Description For 60.54 Acres Of Land Nueces County, Texas Page 5 THENCE, along the southeast line of the said Robert H. Vaughn 0.053 acre tract and a portion of a 0.052 acre tract conveyed to Michael A. Esparza et ux by Document No. 1996026197, said curve having a radius of 135.46 feet, a central angle of 30° 10'35", chord bearing and distance: N. 43° 33' 19" E, 70.52 feet an arc length of 71.34 feet to a 5/8 inch iron rod set at the Point of Tangency of said curve, said iron rod also being a corner of the herein described tract; THENCE, N. 580 38' 36" E., at 10.39 feet the most southern corner of 0.069 acre tract conveyed to Bradley A. Faldet et ux by Document No. 1996026198, at 70.39 feet the most southern corner of a 0.069 acre tract conveyed to Celeste K. Meyer by Document No. 1996026199, at 100.39 feet the most southern corner of the said Ronald A. Voss, Jr. et ux 0.080 tract of land for a total distance of 200.39 feet to the PLACE OF BEGINNING, containing within these metes and bounds 60.54 acres of land. All set iron rods capped with yellow plastic cap stamped, Ganem & Kelly Surveying, Inc. I hereby certify that the above fieldnote description is based on a survey made on the ground, under my supervision in February 2012 and is true and correct to the best of my knowledge and belief. DATED: 2 EXHIBIT A 12082 FieldNotes 60.54 Acres A.C. FRANKSON Registered Professional Land Surveyor Texas Registration No. 2239 e,be e,b b. ee �mm•�.m O.m♦ EXISTING ZONING ZONED R5-6 �•b, °'m; /.81 UNORY L INE 1 TYP. OTO .F'a, �0��1 Q G� <��i � � se, �J° •v: 'QOM ��'Y\ s:s,•m.eb lb hpJ Q ��O��neQ f 8. 119E X110.'7' t CURVE DATA OA L = 34 °16'56" R = 182.32' T = 56.32' L = 109.09' Ch= N78 °24'58 "Y 107. 47' © L = 30 °10'35" R = 135.46' T = 36.52' L = 71.34' Ch= N43'33'19'E 70.52' .. B ZONED FR >- :R 4 O 9q�s9a o N 28 °2B '02, , `r 1 "E S° 9 24:.ZBi 2 s i 562-r 3 5 61 ° 15'544EE �.ti �•' J a ZONED RS -6 O O DOVE HOI I GLOW OR. / (50' R. 0.1Y.) o H _ m° o~ J ~ b � H � 0 jZONED FR i 60.54 ACRES PROPOSED REZONING: RS 4.5 �a FN NN 61 yA �a ZONED FR / w SCALE: 1 " = 400' *:IMo I1 -.11a MAP TO ACCOMPANY FIE[ONOTES FOR THE REZONING OF 60.54 ACRES SITUATED IN LOTS 9, 10, 11, 5o. 6a. d 7a. SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOL. A. PGS. 41 THROUGH 43 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. N56 °09'95'?Y 525'58'03"Y 65.68' 533 °10'17 "W 99-16' 562° 12'22'W N61 °2021 "W 105-81' BROOKE RD.J = 583 °30'59IY 43.66' 240.17 SCALE: 1 " = 400' *:IMo I1 -.11a MAP TO ACCOMPANY FIE[ONOTES FOR THE REZONING OF 60.54 ACRES SITUATED IN LOTS 9, 10, 11, 5o. 6a. d 7a. SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOL. A. PGS. 41 THROUGH 43 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. N56 °09'95'?Y 156.38' IN61'15'57"if N66 °42'17 W N61 °2021 "W BROOKE RD.J = 240.17 277.22' S 84 °21'54" W (COUNTY RD. 26,41 250.01 N61 °23'45 ")Y 185.04' N 42 °32'28° W (50' R. 0. W. I 80-19, 69.72' N61 ° 15'59 ")Y 582 °22'02 "W N46 °05'21 IV 112.20' . 94.66' 154.74' ZONEO R5-6 e ZONED FR SCALE: 1 " = 400' *:IMo I1 -.11a MAP TO ACCOMPANY FIE[ONOTES FOR THE REZONING OF 60.54 ACRES SITUATED IN LOTS 9, 10, 11, 5o. 6a. d 7a. SECTION 26 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOL. A. PGS. 41 THROUGH 43 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. U� p AGENDA MEMORANDUM � pia Public Hearing and First Reading for the City Council Meeting of May 28, 2013 1852 Second Reading for the City Council Meeting of June 11, 2013 DATE: April 25, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Industrial to Commercial for The Palms at Leopard, Ltd. Property Address: 2725 Leopard Street CAPTION: Case No. 0413 -04 The Palms at Leopard, Ltd., - A change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit o the "Cl" Intensive Commercial District. The property is described as being a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the east side of Palm Drive between Leopard Street and Lipan Street. PURPOSE: The purpose of this item is to eliminate the existing Special Permit and allow commercial and multifamily uses by right. RECOMMENDATION: Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the property's current zoning designation is the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex. The previous landowner did not want to relinquish the property's "IH" Heavy Industrial District in the event the apartment project fell through. Therefore, the property was granted a Special Permit with the "base" district remaining as the "IH" Heavy Industrial District. The apartment developer is now the new landowner and is requesting a rezoning to eliminate the Special Permit to allow an apartment complex on the property by right. The proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for a light industrial use. This rezoning is, however, a reasonable expansion of the planned commercial uses and existing "Cl" Intensive Commercial District located along Leopard Street. Additionally, the proposed rezoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. The property is currently occupied by dilapidated vacant buildings presenting a hazardous environment. Redevelopment of the property is expected improve the desirability of the neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port /Airport/Violet Area Development Plan and the proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for light industrial uses. 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.: 0413 -04 HTE No. 13- 10000014 Planning Commission Hearing Date: April 24, 2013 Applicant /Owner: The Palms at Leopard, Ltd. Representative: George Clower, The Clower Company 0 m .a Legal Description /Location: Being a 2.11 -acre tract of land out of Tract C, CL J y °a Hawn Tract, and all of Tracts D and E, Hawn Tract, located along the east Q o side of Palm Drive between Leopard Street and Lipan Street. From: "IH /SP" Heavy Industrial District with a Special Permit y To: "Cl" Intensive Commercial District •� Area. 5.2 acres r Purpose of Request: To eliminate the existing Special Permit and allow an io apartment use by right. Existing Zoning District Existing Land Use Future Land Use Site "IH /SP" Heavy Industrial Vacant & Light Industrial with a Special Permit Light Industrial a� North "Cl" Intensive Vacant Commercial •E � Commercial ° N South "IH" Heavy Industrial Light Industrial & Light Industrial Public Semi - Public East "IH" Heavy Industrial Light Industrial & Light Industrial Public Semi - Public W "IL" Public Semi - Public, Light Industrial West Light Industrial Light Industrial, & Public Semi - Public Vacant Area Development Plan: The subject property is located in the c Port /Airport/Violet Area Development Plan (ADP) and is planned for light cL • industrial uses. The proposed change of zoning to the "Cl" Intensive a c Commercial District is not consistent with the Future Land Use Plan. a Map No.: 047044 Zoning Violations: None c Transportation and Circulation: The subject property has 758 feet of frontage along Palm Drive, which is a Local Residential street, and c approximately 250 feet of frontage along Lipan Street, which is a "Cl" Minor CL Residential Collector street. The subject property is part of a proposed U) apartment complex also having approximately 450 feet of frontage on Leopard Street. Case # 0413 -04 The Palms at Leopard Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex to the "Cl" Intensive Commercial District in order to eliminate the Special Permit and allow an apartment complex by right. Residential uses are not allowed in the "IH" Heavy Industrial District. The property was rezoned in 2011 to the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex to allow the buyer to apply for tax credits for the construction of the apartment complex. The original landowner did not want to concede the subject property's "IH" Heavy Industrial District until the sale of the property was complete. Applicant's Development Plan: The proposed apartment complex will consist of nine apartment buildings and one club house and leasing office. Seven of the apartment buildings will be three stories in height and the two remaining apartment buildings will be two stories. The developer is planning to construct a total of 120 dwelling units at a density of 16.5 dwelling units per acre. Existing Land Uses & Zoning: North of the subject property is the remainder of the owner's property that will be developed into an apartment complex zoned "Cl" Intensive Commercial District. South of the subject property is a manufacturing facility zoned "IH" Heavy Industrial District. West of the subject property are industrial and Corpus Christi Independent School District ( CCISD) properties zoned "IH" Heavy Industrial District. East of the subject property is a CCISD baseball field and an industrial facility zoned "IH" Heavy Industrial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Port /Airport/Violet Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Plat Status: The property is currently platted and will be replatted into one lot. Urban Proposed Existing Traffic � Street Transportation Section Section Volume Plan Type O 0� Palm Dr. Local Residential 50' ROW 60' ROW Not 28' paved 40' paved Available L Cn "Cl" Minor 60' ROW 60' ROW Not Lipan St. Residential Collector 40' paved 38' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex to the "Cl" Intensive Commercial District in order to eliminate the Special Permit and allow an apartment complex by right. Residential uses are not allowed in the "IH" Heavy Industrial District. The property was rezoned in 2011 to the "IH /SP" Heavy Industrial District with a Special Permit for a 120 -unit apartment complex to allow the buyer to apply for tax credits for the construction of the apartment complex. The original landowner did not want to concede the subject property's "IH" Heavy Industrial District until the sale of the property was complete. Applicant's Development Plan: The proposed apartment complex will consist of nine apartment buildings and one club house and leasing office. Seven of the apartment buildings will be three stories in height and the two remaining apartment buildings will be two stories. The developer is planning to construct a total of 120 dwelling units at a density of 16.5 dwelling units per acre. Existing Land Uses & Zoning: North of the subject property is the remainder of the owner's property that will be developed into an apartment complex zoned "Cl" Intensive Commercial District. South of the subject property is a manufacturing facility zoned "IH" Heavy Industrial District. West of the subject property are industrial and Corpus Christi Independent School District ( CCISD) properties zoned "IH" Heavy Industrial District. East of the subject property is a CCISD baseball field and an industrial facility zoned "IH" Heavy Industrial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Port /Airport/Violet Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Plat Status: The property is currently platted and will be replatted into one lot. Case # 0413 -04 The Palms at Leopard Page 3 Department Comments: • Vacant buildings currently occupy the subject property and present a hazardous environment. Allowing a multifamily use on the property will improve the desirability of the neighborhood and will redevelop unused and dilapidated property. • The Future Land Use Plan calls for future light industrial uses on the subject property and surrounding properties. Although inconsistent with the Future Land Use Plan, a multifamily use will not negatively affect the surrounding properties. • This rezoning is a reasonable expansion of the planned commercial uses and existing "Cl" Intensive Commercial District along Leopard Street. Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District. Number of Notices Mailed — 26 within 200' notification area; c 2 outside notification area 0 As of April 25, 2013: In Favor — 10 (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. Site Plan 14 15 16 M QUDD y El CgIVRE cE OR 2 ^ b M N M b N Q M N .� F "PORT FROM 1H 37 RMP N Q M N M f VAN TEL OP-E.TST r"111,11, .......'c:: ......... .,, ......,LL......, Q M 17 Z 6 Q N y m N W' Q �' b ♦P M m O' m 14, CQ R: R N M Lu F a' .... .............:..........LEOPARD ST ......,.............. . .............:................. p B 18 O $ O s N M Q N b ^ m a aSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table /� in opposition SUBJECT PROPERTY pN E S N M Q N b City of Coleus Christi N I IN NU I IGt AHLA & UWNtKSF11F' 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 SUBJECT PROPERTY pN E S N M Q N b City of Coleus Christi N I IN C.3 t- wz U) w flr 0 ac a uj H Ordinance amending the Unified Development Code ( "UDC ") upon application by The Palms at Leopard, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, from the "IH /SP" Heavy Industrial District with a Special Permit 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 The Palms at Leopard, 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, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, May 28, 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 The Palms at Leopard, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract (the "Property "), located along the east side of Palm Drive between Leopard Street and Lipan Street, from the "IH /SP" Heavy Industrial District with a Special Permit to the "Cl" Intensive Commercial District (Zoning Map No. 047044), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the 2.11 -acre tract of land out of Tract C, Hawn Tract, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a location map pertaining to the Property, 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 (a 2.11 -acre tract of land out of Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract) 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 0413 -04 Ordinance The Palms at Leopard Page 2 of 2 P Buiry+Partners ENGINEERING SOLUTIONS 2.110 ACRES FN NO. 103639- 50008 -1 (3,790 Sq.Ft.) FEBRUARY 14, 2011 103639- 50008.DWG JOB NO. R0103639 -50008 SIEM NOTE DESCRIPTION 2.110 ACRE TRACT OF LAND SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES, COUNTY, TEXAS, BEING A PORTION OF TRACT -C ", OF THE HAWN TRACT, A SUBDIVISION OF RECORD IN VOLUME 19, PAGE 7 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 2.110 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF SAID LOT "C ", BEING S 890 41' 00" E: CpMMCING, AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY LINE OF LEOPARD ST. WITH THE EASTERLY RIGHT OF WAY LINE OF PALM DRIVE, FOR THE NORTHWESTERLY CORNER OF SAID TRACT "C "; THENCE, ALONG THE EASTERLY RIGHT- OF-WAY LINE OF PALM DRIVE, SAME BEING THE WESTERLY LINE OF SAID TRACT "C ", S 000 19' 00" E, A DISTANCE OF 199.92 FEET TO A POINT FOR THE NORTHWESTERLY CORNER OF HEREIN DESCRIBED TRACT, AND THE POINT OF BEGINNING; THENCE, LEAVING THE EASTERLY RIGHT -OF -WAY LINE OF PALM DRIVE, INTO AND ACROSS SAID TRACT "C ", S 890 41' 00" E, A DISTANCE OF 457.28 FEET TO A POINT FOR THE NORTHEASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, ALONG THE EASTERLY LINE OF SAID TRACT "C ", S 010 33' 00" E, A DISTANCE OF 200.19 FEET TO A POINT FOR THE SOUTHEASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, ALONG THE SOUTHERLY LINE OF SAID TRACT "C", S 890 41' 00" E, A DISTANCE OF 461.58 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF PALM DRIVE, FOR THE SOUTHWESTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF PALM DRIVE, SAME BEING THE WESTERLY LINE OF SAID TRACT "C ", N 000 19' 00" E, A DISTANCE OF 200.09 FEET TO THIS POINT OF BEGINNING, CONTAINING AN AREA OF 2.110 ACRES (91,923 S4. FT.) OF LAND, MORE OR LESS. i0:N:ii:11wall PAGE 2 OF 3 "This document was prepared under 22 reflect the results of an on the ground used to convey or establish interests those rights and interests implied creation or reconfiguration of the be subdivision for which it was prepared." TAC §663.21, does not survey, and is not to be in real property except or established by the ,undary of the political Note: A sketch of even date accompanies this Legal Description. HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 BURY+PARTNERS, INC. 922 ISOM ROAD; SUITE 100 SAN ANTONIO, TEXAS 78216 2101525-9090 : *AA Mo I 1 -.111 FWAI ri HAL B. LAND lil ..y ............. .." o .— L8DFMW W. W-PAW) -- 2M ACM (mom sm IT4 REMAINDER HAPORM OFT TRACT 'C* VOLUME 1% PACE 7 MAP RECORDS OF NUECES COUNTY, TEXAS ON ACM HAM TRACT VOLUME 19. FACE 7 MAP RECORDS OF NUECES COUNTY; TEXAS it 2fi0 ACM HAIW TRACT VOLUME 19. PAGE 7 MAP RECORDS OF NUECES COUNTY, TOM (2) i4AM TRACT VOLUME 19, PAGE 7 MAP RECORDS OF NUECES COUNTY.YEKAS ED 0 OW ACM HAWK TRACT V='4' I 9P7W � RECORDS OF NUECES TEXAS oBury+Pmfters SKETCH TO ACCOMPANY DESCRPTION OF NRP PROPERTIES. LLC IM A01109 2M0 ACRES OF LAND SITUATED IN THE CITY OF ^m ft ff.) omolWag RINO SOLUTIONS PORTION OF TRACT %r AND PALM DR. HAM TRACT poRnoN OF TRACT "C*. OF THE HAWN TRACT. A SUBDIVISION OF RECORDS IN VOLUME 19, PAGE 7 VOLUME 19. PAGE 7 MAP RECORDS 74L MWp*-m hs (11"Wom OF NUECES COUNTY. TEXAS bot"hebinw-Sk bmL OOMTW S TEXA. WWOWX 24"4 ON ACM HAM TRACT VOLUME 19. FACE 7 MAP RECORDS OF NUECES COUNTY; TEXAS it 2fi0 ACM HAIW TRACT VOLUME 19. PAGE 7 MAP RECORDS OF NUECES COUNTY, TOM (2) i4AM TRACT VOLUME 19, PAGE 7 MAP RECORDS OF NUECES COUNTY.YEKAS ED 0 OW ACM HAWK TRACT V='4' I 9P7W � RECORDS OF NUECES TEXAS oBury+Pmfters SKETCH TO ACCOMPANY DESCRPTION OF NRP PROPERTIES. LLC 2M0 ACRES OF LAND SITUATED IN THE CITY OF LEOPARD ST. omolWag RINO SOLUTIONS CORPUS CHRIS11, NUECES COUNTY, TEXAS, BEING A AND PALM DR. w boa I" hA* lee so AM" u "no poRnoN OF TRACT "C*. OF THE HAWN TRACT. A SUBDIVISION OF RECORDS IN VOLUME 19, PAGE 7 NUECES COUNTY. TEXAS. 74L MWp*-m hs (11"Wom OF THE MAPS RECORDS OF NUECES COUNTY- bot"hebinw-Sk bmL OOMTW S TEXA. ers N." 16"m DATE. 02/14/11 DRAWN BY. MAV H:\lGM39-5DOO8ZONE—EXHIBIT. -4rm NO, 10 PROJECT Na R0103639-50008.92 ILZ, — 0AN om I 1 -.118 -.1 8 "'PORT FROM IH 37,RMP ............. ANTELOPE ST ... .. .......... .............. ....................... .. 16 ) 17 El a U 0 4 IV UJ -k ca W .4, 9L Vce oR„ .... ...... LEOPARD 'ST . ..... .... ........... ............... / ...... ....... ....... .. . ..... ...... .......... . 90 ca .... .. MESTINA ST .... Z II G) J LSSUB JECT E CT PROPERTY 0 400 6 CASE: 0413-04 1. SUBJECT PROPERTY Subject Property EXHIBIT C r, / � I INN City of COJUS Christi E.N111111M. AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 Action Item for the City Council Meeting of June 11, 2013 DATE: May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826 -3227 Authorization for the Issuance of General Improvement Bonds to finance Bond 2012 Projects CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2013" in an amount not to exceed $88,010,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds; including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the bonds; and providing an effective date. PIIPPO-RF- On November 6, 2012 the citizens of Corpus Christi approved seven of the eight bond propositions included in the Bond 2012 election. The project cost associated with the seven propositions total $88,010,000. This agenda item authorizes the issuance of up to $88,010,000 of General Improvement Bonds to fund the projects associated with each of the seven propositions. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and Director of Financial Services in Part B of this agenda item. Part B: On November 6, 2012 the voters of Corpus Christi approved seven of the eight bond propositions on the ballot. Those approved were as follows: In order to adhere to the time schedules to insure timely completion of these projects, the City has already begun moving forward with contracts. On December 18, 2012, the City Council approved an ordinance expressing the City's intent to reimburse itself for costs incurred prior to the receipt of the bond proceeds. This agenda item will authorize the issuance of the bonds to reimburse the City for any costs already incurred and to fund the remaining projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $88,010,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale Projected tax increase Amount Authorized Purpose per $100 valuation Proposition 1 $55,000,000 Street Improvements No impact Proposition 3 $4,750,000 Service Center Complex Improvements $0.00264 Proposition 4 $16,000,000 Parks and Recreation Improvements $0.00866 Proposition 5 $2,340,000 Museum & Library Improvements $0.00136 Proposition 6 $820,000 Public Health Improvements $0.00054 Proposition 7 $700,000 Public Safety Improvements $0.00046 Proposition 8 $8,400,000 Economic Development Projects $0.00458 TOTAL $0.01824 In order to adhere to the time schedules to insure timely completion of these projects, the City has already begun moving forward with contracts. On December 18, 2012, the City Council approved an ordinance expressing the City's intent to reimburse itself for costs incurred prior to the receipt of the bond proceeds. This agenda item will authorize the issuance of the bonds to reimburse the City for any costs already incurred and to fund the remaining projects. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services (i.e., "Authorized Representatives ") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount of each series of bonds may not exceed $88,010,000; (2) none of the bonds shall bear interest at a rate greater than 7% per year, and (3) the bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered /Expended amount of (date) - - - - This item - $ 88,010,000 - $ 88,010,000 BALANCE - $ 88,010,000 - $ 88,010,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The financial impact of this item is consistent with the financing plan included with the adopted 2013 Capital Improvement Plan and the proposed 2014 Capital Improvement Plan. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY /NON- EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and /or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule Ordinance � K" Jac. INVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A And Not More than More than $ $ 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 No Limit $7,500 plus $20.00 per $1,000 for all over $150,000 $9,500 plus $10.00 per $1,000 for all over $250,000 $10,500 plus $8.00 per $1,000 for all over $350,000 $11,700 plus $7.00 per $1,000 for all over $500,000 $13, 100 plus $6.00 per $1,000 for all over $700,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25 %. EXHIBIT A Draft 5/21/13 ORDINANCE NO. AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" IN AN AMOUNT NOT TO EXCEED $88,010,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE BONDS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council (the City Council of the City of Corpus Christi, Texas (the City) hereby finds and determines that general improvement bonds of the City, representing an allocation against the hereinafter described voted authorization in the total principal amount of $ (being the principal amount of $ and a portion of the premium of $ ), should be issued and sold at this time, being the first installment of general improvement bonds approved and authorized to be issued at an election held on November 6, 2012, the respective authorized purposes and amounts authorized to be issued therefor, amounts previously issued, amounts being issued pursuant to this Ordinance, and amounts remaining to be issued from such voted authorizations subsequent to the date hereof being as follows: 52738587.2 Premium Bonds Allocated to Date Amount Previously Issued Amount Voted Purpose Authorized Issued Bonds Herein Authorization Unissued 11 -6 -12 Street Improvements $55,000,000 $0.00 $ $ $ 11 -6 -12 Service Center Complex Improvements $4,750,000 $0.00 $ $ $ 11 -6 -12 Parks and Recreation Improvements $16,000,000 $0.00 $ $ $ 11 -6 -12 Museum and Library Improvements $2,340,000 $0.00 $ $ $ 11 -6 -12 Public Health Improvements $820,000 $0.00 $ $ $ 11 -6 -12 Public Safety Improvements $700,000 $0.00 $ $ $ 11 -6 -12 Economic Development Projects $8,400,000 $0.00 $ $ $ 52738587.2 WHEREAS, the City Council intends to issue an aggregate principal of $ in general improvement bonds the proceeds of which will be utilized to provide for the (i) purpose of making permanent public improvements and for public purposes described above and (ii) payment of the costs of issuance of the general improvement bonds; WHEREAS, the City Council hereby finds and determines that the issuance of the general improvement bonds is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General improvement bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND NO /100 DOLLARS ($ ) to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" (the Bonds), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 6, 2012, an ordinance adopted by the City Council on June 11, 2013, and the City's Home Rule Charter. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, and the City's Director of Financial Services (each of the foregoing, individually, an Authorized Representative) are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including the further designation of the Bonds by series and by year, approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the Dated Date thereof, the rate of interest to be borne on the principal amount of each such maturity, and the identity of the Purchasers (which may include a syndicate of underwriters and the identification by the Authorized Representative of the duties of such syndicate members) selected from the City's pool of approved underwriters. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Bonds shall be issued in the principal amount not to exceed $88,010,000; the maximum maturity of the Bonds will be March 1, 2043; and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Representative is authorized to select the bond insurer, if any, with respect to the Bonds. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to their initial delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as 52738587.2 - 2 - required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds shall be issued as fully registered obligations, without coupons, shall be dated June 1, 2013 (the Dated Date), shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered "R" and numbered consecutively from One (1) upward, and principal shall become due and payable on March 1 in each of the years and in amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date (hereafter defined) to which interest has been paid or duly provided for to the earlier of redemption or Stated Maturity, at the rates per annum, while Outstanding, in accordance with the following schedule: Years of Stated Maturity 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Principal Amounts ($) Interest Rates The Bonds shall bear interest on the unpaid principal amounts from the Dated Date, or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the 52738587.2 -3 - above schedule (calculated on the basis of a 360 -day year of twelve 30 -day months). Interest on the Bonds shall be payable on March 1 and September 1 in each year, commencing March 1, 2014 (the Interest Payment Date), while the Bonds are Outstanding. SECTION 3: Payment of Bonds - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of BOKF, NA dba Bank of Texas, Austin, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent /Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first -class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date (hereinafter defined) for purposes of payment of interest on the Bonds, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds' Stated Maturity or upon redemption of the Bonds, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office. Interest on 52738587.2 - 4 - the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. A. Mandatory Redemption of Bonds. The Bonds stated to mature on March 1, 20 and March 1, 20 are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 Term Bonds Stated to Mature on March 1, 20 Principal Principal Year Amount ($) Year Amount ($) *Payable at Stated Maturity 52738587.2 -5 - The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. B. Optional Redemption. The Bonds having Stated Maturities on and after , 20 shall be subject to redemption prior to Stated Maturity at the option of the City, on , 20 , or on any date thereafter, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. C. Exercise of Redemption Option. At least forty -five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. D. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bond by $5,000. E. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, the Paying Agent/Registrar shall cause a notice of redemption shall be sent by United States mail, first -class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying 52738587.2 - 6 - Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on the Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street dournal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). F. Transfer/Exchange of Bonds. Neither the City nor the Paying Agent/Registrar shall be required (i) to transfer or exchange any Bond during a period beginning forty -five (45) days prior to the date fixed for redemption of the Bonds or (ii) to transfer or exchange any Bond selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5: Execution - Registration. The Bonds shall be executed on behalf of the City by its Mayor or Mayor Pro Tem under the seal of the City reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers, all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or her duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. 52738587.2 - % - Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange. Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7: Initial Bonds. The Bonds herein authorized shall be initially issued as a single fully registered Bond in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T -1 (the Initial Bonds), and the Initial Bonds shall be registered in the name of the Purchasers or the designee thereof. The Initial Bonds shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bonds to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Bonds delivered hereunder and exchange therefor definitive Bonds of like kind and of authorized denominations, Stated Maturities, principal amounts bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. 52738587.2 - 8 - SECTION 8: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including insurance legends and any reproduction of an opinion of Bond Counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 52738587.2 - 9 - B. Form of Definitive Bond. REGISTERED NO. United States of America State of Texas REGISTERED PRINCIPAL AMOUNT Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND, SERIES 2013 Dated Date June 1, 2013 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP NO: The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year commencing March 1, 2014. Principal and premium, if any, on this Bond shall be payable to the Registered Owner hereof (the Holder), upon presentation and surrender, at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. 52738587.2 _10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of providing funds: (i) to make permanent public improvements within the City, to -wit: improvements to City streets and (ii) to pay the costs related to the issuance of the Bonds, all in conformity with the laws of the State of Texas, particularly Chapters 1251, 1331, and 1371, as amended, Texas Government Code, an election held in the City on November 6, 2012, the Ordinance, and the City's Home Rule Charter. The Bonds stated to mature on March 1, 20 and March 1, 20 are collectively referred to herein as the "Term Bonds ". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Bond Fund for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on March 1 in each of the years as set forth below: Term Bonds Stated to Mature on March 1, 20 Principal Year Amount ($) *Payable at Stated Maturity Term Bonds Stated to Mature on March 1, 20 Principal Year Amount ($) The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such Stated Maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Bond Fund, or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The Bonds stated to mature on and after 20 may be redeemed prior to their Stated Maturities at the option of the City, on 20, or on any date thereafter, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first -class postage prepaid, to the Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof 52738587.2 - 11 - is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if the money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty -five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the City within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non - payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a 52738587.2 -12- Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 52738587.2 - 13 - IN WITNESS WHEREOF, the City has caused this Bond to be duly executed under its official seal. ATTEST: City Secretary (CITY SEAL) CITY OF CORPUS CHRISTI, TEXAS Mayor [The remainder of this page intentionally left blank.] 52738587.2 -14- C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bonds Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) * Note to Printer: Not to appear on printed Bonds Only. Comptroller of Public Accounts of the State of Texas D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds REGISTRATION CERTIFICATE OF PAYING AGENT /REGISTRAR This Bond has been duly issued under the provisions of the within- mentioned Ordinance; the Bond or Bonds of the above - entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: BOKF, NA dba BANK OF TEXAS, Austin, Texas, as Paying Agent/Registrar 52738587.2 -15 - Authorized Signature E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: F. The Initial Bonds shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below "; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (Information to be inserted from schedule in Section 2 hereof). 52738587.2 -16- (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on March 1 and September 1 of each year, commencing March 1, 2014. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, to Stated Maturity or prior redemption, while Outstanding, at the corporate trust office of BOKF, NA dba Bank of Texas, Austin, Texas (the Paying Agent /Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first -class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the City or the Purchasers for the Bonds, the Definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein ", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, and /or the City Secretary. B. The term Bond Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. C. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 2013" authorized by this Ordinance. D. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. 52738587.2 -17- E. The term City shall mean City of Corpus Christi, located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. F. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. G. The term Depository shall mean an official depository bank of the City. H. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. I. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. J. The term Interest Payment Date shall mean the date interest is payable on the Bonds, being March 1 and September 1 of each year, commencing March 1, 2014, while any of the Bonds remain Outstanding. K. The term Ordinance shall mean this ordinance adopted by the City Council of the City on June 11, 2013. L. The term Outstanding when used in this Ordinance with respect to Bonds shall mean, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (1) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; 52738587.2 - 18 - (2) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 21 of this Ordinance; and (3) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Bonds named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Bond Fund — Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption and retirement of the Bonds, there shall be and is hereby created a special fund to be designated "GENERAL IMPROVEMENT BONDS, SERIES 2013 INTEREST AND SINKING FUND" (the Bond Fund), which fund shall be kept and maintained at the Depository, and money deposited in such fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the City are hereby authorized and directed to make withdrawals from the Bond Fund sufficient to pay the purchase price or the amount of principal of, premium, if any, and interest on the Bonds as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Bond Fund an amount sufficient to pay the amount of principal and /or interest stated to mature on the Bonds, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Bonds. Pending the transfer of funds to the Paying Agent/Registrar, money in any fund created and established pursuant to the provisions of this Ordinance, at the option of the City, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in such 52738587.2 _19- fund shall be credited to, and any losses debited to, such fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Bonds. SECTION 11: Tax Levy. To provide for the payment of the Debt Service Requirements on the Bonds being (i) the interest on the Bonds and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Bonds or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the City, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Bond Fund and are thereafter pledged to the payment of the Bonds. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the City. SECTION 12: Deposits to Bond Fund — Surplus Bond Proceeds. The City hereby covenants and agrees to cause to be deposited in the Bond Fund prior to a principal and interest payment date for the Bonds, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest received from the Purchasers shall be deposited to the Bond Fund. In addition, any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. 52738587.2 -20- No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first -class postage prepaid, to the address of each Holder as it appears in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. 52738587.2 -21- Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 18: Sale of Bonds — Official Statement Approval — Approval of Purchase Contract. The Bonds authorized by this Ordinance are hereby sold by the City to , as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2013 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of . The pricing and terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Each Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds is hereby ratified, confirmed, and approved in all respects. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2013, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and /or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. The proper officials of the City are hereby authorized to execute and deliver a 52738587.2 -22- certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Proceeds from the sale of the Bonds shall be applied as follows: (1) Accrued interest on the Bonds (in the amount of $ ), received from the Purchasers, shall be deposited into the Bond Fund. The City received a [net] premium from the sale of the Bonds of $ which is hereby allocated by the City in the following manner: (1) $ to pay the Purchasers' compensation, (2) $ to pay the costs of issuance, (3) $ is allocated toward the City's voted authority, and (4) $ shall be deposited into the Bond Fund as the contingency amount. (2) The balance of the proceeds (including a portion of the premium in the amount of $ and principal in the amount of $ , totaling $ ) derived from the sale of the Bonds (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Bonds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax- Exembt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148 -1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148 -1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148 -1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148 -1(b) of the Regulations. 52738587.2 -23- Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148 -1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148 -5 of the Regulations; and (2) the Bonds has the meaning set forth in Section 1.148 -4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced 52738587.2 -24- directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038 -G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and 52738587.2 -25- the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100 %) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90 %) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038 -T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148 -3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after such Bonds are issued. (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The City hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required 52738587.2 -26- pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Bonds. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the City's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bonds to the Purchasers, the initial exchange thereof for definitive Bonds. SECTION 21: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity or the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Bonds. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and /or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow 52738587.2 -27- agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of said opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the City is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract — Amendments — Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the City and its successors and assigns, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a 52738587.2 -28- majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided; however, that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 32: Authorization of Paying Agent/Registrar Agreement. The City Council of the City hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. 52738587.2 -29- SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 36: Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EAIDJA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2 -12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2012, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 20 of this Ordinance, being the information described in Exhibit D hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit D hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such 52738587.2 -30- financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such financial statements becomes available. Under current Texas law, including, but not limited to, Chapter 103, as amended, Texas Local Government Code, the City must have its records and accounts audited annually and shall have an annual financial statement prepared based on the audit. The annual financial statement, including the auditor's opinion on the statement, shall be filed in the office of the City Secretary within 180 days after the last day of the City's fiscal year. Additionally, upon the filing of this financial statement and the annual audit, these documents are subject to the Texas Open Records Act, as amended, Texas Government Code, Chapter 552. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non - payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB), or other material notices or determinations with respect to the tax exempt status of the Bonds, or other material events affecting the tax status of the Bonds; (7) Modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; 52738587.2 -31 - (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional paying agent/registrar or the change of name of a paying agent/registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing Governing Body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR 52738587.2 -32- TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing their obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word - searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. 52738587.2 -33 - Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the SEC. SECTION 37: Book -Entry Only System. It is intended that the Bonds will be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bonds described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker - dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited 52738587.2 -34- with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, the Purchase Contract, and the Official Statement. In addition, prior to the initial delivery of the Bonds, any Authorized Official and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank] 52738587.2 -35 - PASSED, APPROVED AND ADOPTED on the 11th day of June, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 11th DAY OF JUNE, 2013: Carlos Valdez, City Attorney Schedule I — Approval Certificate Exhibit A — Paying Agent/Registrar Agreement Exhibit B — Purchase Contract Exhibit C - Description of Annual Financial Information Exhibit D — DTC Letter of Representations 52738587.2 S -1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 11th day of June, 2013, authorizing the issuance of the City's General Improvement Bonds, Series 2013, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 11th day of June, 2013. City Secretary (CITY SEAL) 52738587.2 S -2 SCHEDULEI APPROVAL CERTIFICATE SEE TAB NO. 52738587.2 Schedule 1 -1 EXHIBIT A PAYING AGENT/REGISTRAR AGREEMENT SEE TAB NO. 52738587.2 A -1 EXHIBIT B PURCHASE CONTRACT SEE TAB NO. 52738587.2 B -1 EXHIBIT C DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 36 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section for each Year ending in and after 2011 are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: All quantitative financial information and operating data with respect to the City of the general type included in Appendix A to the Official Statement under the headings "DEBT PAYABLE FROM TAXES ", "GENERAL REVENUES ", "GENERAL EXPENSES ", "AD VALOREM TAXES ", and "THE TAX INCREMENT FINANCING ACT ", and in Appendix C. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 52738587.2 C -1 EXHIBIT D DTC LETTER OF REPRESENTATIONS SEE TAB NO. 52738587.2 D -1 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 28, 2013 1852 Second Reading for the City Council Meeting of June 11, 2013 DATE: May 9, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 GLO -CIAP Grant Award for Oso Bay Learning Center and Wetland Preserve CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $1.5 Million from the Texas General Land Office - Coastal Impact Assistance Program (CIAP) for the construction of the Oso Bay Coastal Environmental Learning Center. PURPOSE: To approve and appropriate a $1.5 million grant award from the General Land Office (GLO) Coastal Impact Assistance Program for the construction of the Oso Bay Learning Center. BACKGROUND AND FINDINGS: Bond funding for the Oso Bay Learning Center and Wetland Preserve was approved by voters in 2008. This grant will provide further funding for the construction of the Oso Bay Learning Center which will include exhibition space, multi - purpose rooms, a wet -lab, and various environmental education exhibits. ALTERNATIVES: Do not approve grant award. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The City Council must approve and appropriate all grant awards. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal, Finance 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 Encumbered / Expended Amount This item 1,500,000 1,5007000 BALANCE 175007000 175007 000 Fund(s): Grant Fund 1067 Comments: There is no cash match required for this grant. The grant amount has already been included in the Capital budget for the Oso Bay project. RECOMMENDATION: City staff recommends that City Council accept the grant award. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Contract Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the No. 1067 Parks and Recreation Grant Fund in the amount of $1.5 Million from the Texas General Land Office — Coastal Impact Assistance Program (CIAP) — for the construction of the Oso Bay Coastal Environmental Learning Center. 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 all documents necessary to acc ept and appropriate a grant in the No. 1067 Parks and Recreation Grant Fund in the amount of one million five hundred thousand dollars ($1,500,000.00) from the Texas General Land Office —Coastal Impact Assistance Program (CIAP) — for the construction of the Oso Bay Coastal Environmental Learning Center. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor SUBRECIPIENT GFRANT A(.REEMENT GLO CONTRACT No. 13-283-000-7529 COASTAL IMPACT ASSISTANCE PROGRAM USFWS FINANCIAL AssxSTANCI?, AWARD NumBER F12AF01.418 This Subrecipient Grant Agreement (the "Contract ") is entered into by and between the GWENERAL LAND OFFICE (the "GLO" or "Recipient "), a State agency, and the Cn,v or CclrtPus Cmusrrx ( "Subrecipient ") to provide financial assistance using funds received under U.S. Dish and Wildlife Service ( "USFWS ") Financial Assistance Award Number 1` l2AF0141 S, as amended, foi, the project entitled "Oso Bay Coastal Environmental Learning Center Project." MrncLx,1 - GENERAL PROVISIONS 1.01. PURPOSE 'I'lic purpose of this Contract is to set forth the terms and conditions of a Subgrant from the GLO to the Subrecipient under the Coastal Impact Assistance Program ( "CIAP" ). 1.02 CONTRACT I)OCUMENTS The GLO and Subrecipient hereby agree that this document and the following Attachments, which are incorporated in their entirety for all purposes, either physically or by reference, shall govern this Contract: A,r rACIIMEW A: Work Plan and Project Budget A"[" I'ACIIME,NT 13: IJSFWS Financial Assistance Award .Agreement to the GLO for Award No. F12AF0141 S; Project Narrative; Budget Narrative M-FACHMLNT C: Federal .Assurances, as applicable -- Construction (SF -424D) or Non - Construction (SF- 424B); Certification Regarding Lobbying Lower "bier Covered Transactions (CD -512); and Disclosure of Lobbying Activities Form (SF -LLL) ArTACHmr!,NT D: General Affirmations A'I'TACIIME.NT E: Sample Additional Required Forms: Progress Report Forni; Invoice for CIAP Federal Expenditures Forni; Budget Amendment Request Form; IIUB Expense Reporting Form; Audit Reporting Forrn; Final Project Report Form M rAUIMENT F: Final, Actual Budget to be Submitted by Subrecipient GLO Coiitract No. 13-283-000-7529 Page I of 27 L03 DEFINITIONS "Act" means Section 384 of the Energy Policy Act of 2005, Public Law 109 -58, 109th Congress, 119 Stat. 739 (August 8, 2005) (amending the Outer Continental Shelf Lands Act, Title 43, Unitcd. States Code, Section 1356a). "Allowable Costs" meads costs that are authorized under Title 43, Code of Feder'al. Regulations, Part 12. "Budget" means the budget for the Project funded by the Contract, included in Attachment A, attached hereto and incorporated herein for all purposes. "Budget Narrative" paeans the narrative description of the budget for the Project in Subreeipient's application for CIAP Subgrant funds submitted to IJSFWS, a copy of which is included in Attachment B. "CIA11" means the Coastal Impact Assistance Program. " CMP Rules" means the rules set forth in Chapters 501 through 505 of 'Title 31 of the Texas Administrative Code 'for the 'Texas Coastal Management Program, authorized by statute in Chapter 33, Subchapter F, of the Texas Natural Resources Code. "Coastal Impact Assistance Program" means the federal grant program for certain coastal states, as authorized by the Act and managed by the U.S. Fish and Wildlife Service, a bureau of the tJ.S. Department of the Interior. The State of Texas administers the CIAP on behalf of the federal government. "Cornuliant Format" means the format and standards set forth in Section 4.01. and Article 9. "Deliverable(s)" means the work product(s) required to be submitted to the GLO as set: forth in the Work. Plan. "Eciui nit" means tangible personal property having a useful life of more than one (1) year and an acquisition cost of five Thousand Dollars ($5,000.00) or more per unit. "Gwent of Default" means the occurrence of any of the events set forth in Section 8.01. herein. "Federal. Assurances" means Standard Form 424E (Rev. 7 -97), as prescribed by OMB Circular A -1.02 (non- construction projects); or Standard Form 4241) (Rev. 7 -97), as prescribed by OM13 Circular A -102 (construction projects), in .Attachment C, attached hereto and incorporated herein for all purposes. "Federal Certifications" means U.S. Department of Commerce Forrn CIS -512 (Rev 12- 04), "Certification Regarding Lobbying Lower Tier Covered Transactions," also in Attachment C, attached hereto and incorporated herein for all purposes. "Final Report" means a written report that must be received by the GLO upon completion of the Work flan, as set forth in Section 4.03 herein. "Financial Assistance Award" means the financial award made to the GI.,O by the USFWS under the CIAP, providing funding for the Project cinder this Contract; may be used interchangeably with "Grant." "Financial Assistance Award Agreement" means the formal grant agreement between the GLO and tJSIa WS, USFWS Financial Assistance Award Number I,12Ah01418, for the period ending December 30, 2014 making funding available to the State of'l'exas under CLO Contract No. 13 -283- 000 -7529 Page 2 of 27 the CIAP for the Project. A copy of the Financial Assistance Award Agreement is included in Attachment B, attached hereto and incorporated herein for all purposes. "GAAP" means "generally accepted accounting principles" as applicable. "GASB" means accounting principals as defined by the Governmental Accounting Standards Board .... . ".General eneral Affirmations" means the affirmations in Attachment )), attached hereto and incorporated herein for all purposes, to which Subrecipient certifies by the signing of this Contract. "Gaunt" means the financial award made to the GLO by the USFWS under the CIAP, providing funding for the Project under this Contract; may be used interchangeably with "Financial Assistance Award." "Grant Administrator" paeans the GLO staff member assigned to monitor the Project, as may be designated from time to time by the GLO. "Grant_ Administration Dorm" paeans one of the several forms required to be submitted under this Contract:, copies of which are included in Attachment E. "HUB" means Historically Underutilized Business as defined by Chapter 2161 of the "Texas Government Code. "Plans" means the engineering specifications, construction plans, and/or architectural plans for the construction of improvements approved by the GLO for the Project, if any. "Project" means the Oso Bay Coastal Environmental Learning Center project which this Subgrant will fiend, as defined in Attachment A hereto. "Project Narrative" paeans the narrative description of the Project in Subrecipient's application for CIAP Subgrant fluids submitted to UShWS, a copy of which is included in Attachment B. "Public information Act" means Chapter 552 of the 'Texas Government Code. "Quarterly Report,;" means written progress reports that must be received by the GLO as set forth in Section 4.03 herein. "Recipient" means the GLO, which is the CIAP recipient under the hinancial Assistance Award to which this Contract relates. "Subgrant" means pass - through funds received through the Financial Assistance Award under the CIAP and approved for use by the Subrecipient in accordance with the terms of this Contract. "Subrecipient" means the entity to which the Subgrant is made, which is the same entity as the "subrecipient" and the "subgrantee" as referred to in the Financial Assistance Award Agreement and in Title 43, Code of Federal Regulations, Part 12. "USFWS" means the U.S. Fish and Wildlife Service, a bureau of the U.S. Department of the Interior. "Work Plan" means the statement of work and special conditions, if any, contained in Attachment A. GC,o contract No. 13 -283 -000 -7529 Page 3 of 27 1.04 INTERPRETIVE PROVISIONS (a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (b) the words "hereof," "herein.," "thereunder," and similar words refer to this Contract as a whole aI7d 1i.otto any particular provision, section, attachment, work order, or schedule of this Contract unless otherwise specified; (c) The term "including" is not limiting, and means "including without lin -iitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent amendhnnents and other modifications thereto, but only to the extent that such amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and rcgulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; (d) The captions and headings of this Contract are for convenience of reference only and shall. not affect the interpretation of this Contract; (c) All attachments within this Contract, including those incorporated by reference, and any amendnnents, are considered part of the terms of this Contract; (f) This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms; (g) Unless otherwise expressly provided, reference to any action of the GLO or by the GLO by way of consent, approval, or waiver shall be deerned modified by the phrase "in its /their sole discretion." Notwithstanding; the preceding sentence, any approval, consent, or waiver required by, or requested of, the GLO shall not be unreasonably withheld or delayed; (h) All due dates and/or deadlincs referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day; (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received; and (j) Time is of the essence in this Contract. REMAINDER Ole PACE INTENTIONALLY LEFT BLANK C.LO Contract No. 13- 283 -000 -7529 Page 4 of 27 ARTICLE 2 - FINANCIAL ASSISTANCE AWARD AND SCOPE OF PROJECT 2.01 FINANCIAL AsSISTANCr AWARD Subrecipient submitted an application for Subgrant funds under "Texas' CIAP. UShWS has made the Financial Assistance Award to Recipient based on Subrecipient's application. Subject to the terms and conditions of this Contract, the GM agrees to make a Subgrant to Subrecipient in an amount not to exceed ONE MILLION FIVE HUNDRED TIJOUSAND DOLLARS ($1,500,000.00), payable in installments as reimbursement of Allowable Costs incurred by Subrecipient, to be used in conformance with the Work Plan and Project Budget in Attachment A, and the Financial Assistance Award Agreement in Attachment I3. It is expressly understood and agreed by Subrecipient that the GLO shall have the right to recapture, and to be reimbursed. for, any payments made by the 01.0 under this Contract that Subrecipient has not used in strict accordance with the terms and conditions of this Contract and the financial Assistance Award Agreement, TATS RECAPTURE PROVISION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF ,111E CONTRACT. l xccpt as set forth in the Financial Assistance Award Agreement, the GLO is not liable to Subrecipient for any costs incurred by Subrecipient before the effeetive date of this Contract, or after its termination. The GLO will reimburse Subrecipient for Allowable Costs incurred prior to the effective date of this Contract in the amount stated in the Financial Assistance Award Agreement, if any. 2.02 INCORPORA'T'ION OI+ FINANCIAL, AssISTANCF. AWARI)TC, RMS The Financial Assistance Award Agreement authorizes the use of the Subgrant by Subrecipient for the Project in accordance with the terms of the Financial Assistance Award Agreement and applicable state and federal law. Recipient and Subrecipient understand and agree that any and all terms and provisions of the Financial Assistance Award Agreement that apply to the Recipient by operation of this Contract are also applicable to Subrecipient. 2.03 PROJECT AND WORK PLAN The Project shall be performed in accordance with the Work Plan and Budget in Attachment A; the description in the financial Assistance Award Agreement in Attachment 13; the Federal Assurances and Certifications in Attachment C; and the General Affirmations in Attachment D. The Work Plan or the scope of the Project may be amended in accordance with 43 C.l".R. 12.70. Modifications may require the approval of the USFWS, which may cause significant delays. ANY COSTS INCURRED WHILE WAITING FOR APPROVAL OF THE REQU.ESTFD CHANGES ARE TIIE RESPONSIBILITY OF SUBRECIPIENT. Tiu, GRANT ADMINIS'I'RAToR WILT.., INFORM SUBRECIPIENT WHETHER T1IE REQUEST IS APPROVED Olt REJECTED. GLO Contract No. 1.3- 283 -000 -7529 Page 5 of 27 2.04 GENERAL REQUESTS Subrecipient may submit requests provided for in the Contract electronically and in Compliant Format. Requests must cite the nature of the, request, the section of the Contract that authorizes the request, and a"detailed. justification for the request. A request is granted only uponn receipt by Subrecipient of written approval troln the Gl...,0 Grant Administrator. REMAIND R OIL' PAGE INTENTIONALLY LEFT BLANK GL,O Contract No. 13- 283 -000 -7529 Page 6 of 27 AR'rICL,E 3 - TERM 3.01 DURATION AND EXTENSION OF TERM "Phis Contract shall be effective as of the date executed by the last party, and shall terminate upon completion of the Prqject, or on August 30, 2014, Whichever occurs l irst. Upon receipt of a written request and acceptable justification frorn Subrecipient to the Grant Administrator and approval fron-i the USF WS, the Giant Administrator may extend this Contract for a period not to exceed twelve (12) months. ANY REQUES -l' FOR EXTENSION MUST BE RECEIVED BY THE GRANT' ADMINISTRATOR AT LEAST SIXTY (60) DAYS BEFORE THE ORIGINAL, TERMINATION BA'T'E OF THIS CONTRACT. 3.02 EAR1,Y TERMINATION The {:'1.,0 may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days subsequent to the elate of the notice. Upon receipt of such notice, Subrecipient shall cease work, undertake to terminate; any relevant subcontracts, and incur no further expense related to this Contract. Such early terillinatioli shall be subject to the equitable settlement of the respective interests of the parties, accrued up to the date of termination. RLMAINDER OF PAGE INTENTIONAu.,v LEFT BLANK GLO Contract No. 1.3- 283- -000 -7529 Page 7 of 27 ARTici,r 4 - GRANT ADMINISTRATION 4.01 COMPLIAW FORMAT FOR G.RAN'r ADM[NISTRA'T'.ION Subrecipients should submit written reports, requests in Word format; invoices and supporting documentation in pdf format; and photographs in pg, lormat and fori- ; unless, otherwise agreed by the Grant Administrator. For all electronically stored information and data, Subfecipients must comply with the GLO's standards set forth in Article 9, 4.02 SUBMISSIONS Except for legal notices that must be sent by specific instructions under Section 42.07 below, any written report, form, or request required to be submitted to the Grant Administrator under this Contract shall be sent in Compliant Format via email to the following; email address: ci�rpreeeipts(cr), lo.te as.t;ov 4.03 I'ROGimss Ri-woI rs Subrecipient shall submit Quarterly and final Reports, as required in the Work flan, electronically and in Compliant Format to the Grant Administrator, Quarterly Reports must be received during; the term of this Contract as follows: on or bel.bre January 1.0`h; April I0th; July 10 "'; and October 104'. The first Quarterly Report is due on or before the 10 "' day of the first month after the quarter in which the Contract becomes effective. Based upon the effective date of this Contract, the First Quarterly Report may cover reporting; for a partial quarter, but must be submitted according to this Section nonetheless. No Quarterly Report is required for the Quarter in which a Final Report is to be submitted. A Final Report must be received by the GLO within ten (10) days of completion of the Project or the ternrination date of the Contract, whichever is earlier. Notwithstanding the preceding, upon written request by Subrecipient and written approval by the GLO, this Deliverable due date may be extended. 4.04 REUAVERABL,ES Subrecipient shall submit each Deliverable required in the Work Plan, electronically and in Compliant format, to the Grant Administfator in accordance with the Work Plan in Attachment A. The GI,O may require Subrecipient to conform any data presentation or products funded under this Contract to reflect G.L0 comments. Deliverable due dates may be amended by the Grant Administrator upon submission of a written request and detailed justification by Subrecipient, and written approval. by the Grant Administrator. Modifications may require the approval of the USFWS, which rrray cause significant delays. THE GRANT ADMINIS'rRA'T'oR WILL INFORM SUBRECIPIENT WHETUER THE REQUEST IS APPROVED Olt REJECTED. C.LO Contract No. 13 -283- 000 -7529 Page 8 of 27 4.05 REIMBURSEMENT REQUESTS Subrecipient shall submit requests for reimbursement for costs allowed under this Contract on the approved CIAP Invoice Form, and provide such other information as the GLO may request. With each reimbursement request, Subrecipient shall include copies of all iictu.al rece.ipts, cancelled checks, and /or such other documentation that allows for full substantiation of the costs incurred, and which displays the full GI,O Contract Number, as well as Catalog of Ped.eral Domestic Assistance ( "CFDA ") No. 15.668. Any request for reimbursement that does not include this information will be rejected and returned to Subrecipient, which may result in a significant delay in payment of the Invoice. Subrecipient must submit a modified budget prior to obtaining reimbursement for any Allowable Cost that is not identified in the Budget in Attachment A. FINAL, REQUESTS FOR Iti?IM.T3UItSIe,MENT IJNDE,R 'I'IIIS CONTRACT MUS`r BE .RECEIVED 11Y Tim, GLO NO LATER 'I'll AN SIXTY (60) MAYS AFTER 'I'll E, EXPIRATION OR TE,RMNATION DATE Ol+ "TILE; CONT'RACT'. AL,C, OTHER REQUESTS FOR I21?.IM13uRSI'MI +:N'I' L1NDI +.R THIS CONTRACT MUST BLS; RECEIVED BY 'fill? CILO AT LEAST QUARTERLY, AS SPECIE'IED IN SECTION 4.03. FAILURE; BY SUBREC'IPIENT TO COMPLY IN A TIME:L,Y MANNER WITH THESE REQUIREMENTS MAY RESULT' IN DENIAL, OF TIT +, REQUEST FOR REIMBURSEMENT. Failure by Subrecipient to submit a Deliverable by its due date may result in the withholding of a percentage of the reimbursement request until Subrecipient submits the Deliverable. 4.06 BUDGET CHANGES Subrecipient may rebudget within the approved direct cost Budget to meet unanticipated requirements; however, certain types of post -award budget changes may require prior written approval pursuant to 43 C.F.R. 12.70. Where written approval is not required, Subrecipient must give notice to the GLO within thirty (30) days of any changes to the Budget. Where prior written approval is required, Subrecipient may request permission to change the Budget by submitting the GLO Budget Amendment Porm, along with a written justif=ication, to the Grant Administrator. This :form. may be downloaded at: http:llwww.glo. texas. govlwllat- we- dolcig- foi-- ttie- coastlgi-ants- fundinglciaplg)L,tntee- reouilements,litral Budget changes that require prior written approval shall be effective only after written approval by the GLO. Any request for changes to the total budget amount may be allowed. only through the formal, written Contract amendment process. Ally Budget change inconsistent with the purpose or terms and conditions of the Financial Assistance Award Agreement will be rejected. A FINAL, ACTUAL BUDGET, TO BE ATTACHED TO THE CONTRACT As A'I "1 "ACUMEN' F. MUST BE SUBMITTED BY SUBRUCIPIEWl' NO L.A'1'E,R T'IIAN SIXTY (60) DAYS AFTER THE EXPIRATION OR TERMINATION DATE OF THE CONTRACT. GLO Contract No. 13- 283 - 000 -7529 Page 9 of 27 4.07 PROGRAMMATIC CHANGES Subrecipient may make limited program changes to the approved Project; however, certain types ol'post -award changes to the Project may require prior written approval pursuant to 43 C.F.R. 12.70. Where prior written approval is required, Subrecipient may request permission to make changes to the 1'rcjeet by submitting a written request and detailed justification to the Grant Administrator. Changes to the Project scope or outcome /nay be allowed only by formal, written amendment to the Contract. Any prograinnlatic change inconsistent with the purpose or terms and conditions of the Financial Assistance Award Agreement will be rejected. 4.08 ADDITIONAL GRANT COMPLIANCE REQUIREMENTS Subrecipient skull comply with additional provisions relating to Grant Administration required by any state or federal law. Subrecipient understands and agrees to the terms included in Attachments C and D that require assurances certifications, and at'firinations to fulfill state and federal legal requirements. It is the sole responsibility of Subrecipient to comply with applicable legal requirements identi fied in Attachments C and t) and any other applicable laws, rules, and regulations. 4.09 PORCHASES Only equipment and/or computer software considered to be Allowable Costs may be purchased with the funds provided under this Contract. 'Title and possession of any l:lquipment will remain the property of Subrecipient unless and until transferred to the GLO, upon written request by the GLO. Subrecipient shall ftimish, with its .final request For reimbursement, a list of all Equipment purchased with funds provided under the Contract including the name of the manufacturer, the model number, and serial number. Disposition of Equipment shall be made in accordance with. Title 43, Code of Federal Regulations, Part 12. 4.10 (111AN•1' ADmINISTItA,rION Foitms (a) Recurring forms that must- be submitted to the GLO Grant Administrator are updated krona time to tine, and can be downloaded at the following Web address: htt : / /www. lo.texas. 7oN,Iwliat- we- dolcarin ,- for - the - coast / grants-- fundin r /cia v mgtee- Nquirenjents.11tfnl A copy of the current version of each recurring form is included in Attachment E, for convenience. Subrecipient is responsible for using the proper forms and should periodically check the Web site for updated forms. In the event an outdated form is submitted, the GLO shall give Subrecipient notice that the form has been updated and provide Subrccipient the opportunity to re -file the form, if required. (b) Additional forms required by the Contract or the Financial Assistance Award Agreement indicating Subrecipient's compliance with required state and federal laws are described below and found in Attachment C: (i) Subrecipient shall execute the Assurances- Construction (Standard Form 424D) or Non - Construction Programs Form (Standard Form 424B), as GLO Contract loo. 13- 283 -000 -7529 Page 10 of 27 applicable to the Project, attached to the Contract in Attachment C, assuring that it will comply with all .Federal statutes listed thereon and, when applicable, shall obtain and return executed assurance of compliance -[ -orms from its subcontractors. (ii) Subrecipient shall ccrttfy, by executing Certification Regarding Lobbying Lower `Pier Covered ':Fransactions (Standard Form CD -512), also attached in Attachment C, that no federal funds have been or will be paicl to any person for influencing or attempting to influence the award to Subrecipient contemplated under this Contract. (iii) If at any time any non - federal finds have been paid for attempting to influence the award to Subrecipient contemplated under this Contract, Subrecipient shall complete, execute, and submit according to its instructions, the Disclosure of �Lobbying Activities Fornn (Standard Form- attached in Attachment C. IRimAINDER OF PAGE IN ENTIONALL V L.11 ".i;T 1U.,ANK GLO Contract No. 13-283- 000 -7529 Page 11 of 27 ARTICLE 5 — FEDERAL FUNDING / STATE FUNDING / RECAPTURE OF FUNDS 1 OVERPAYMENT 5.01 Fio)ERM, FUNDING (a) Funding for this Contract is appropriated under Section 3844 of the I;tiergy Policy Act of 2005, Public haw 109 -58, 109th Congress, 119 Stat. 739 (August 8, 2005) (amending the Outer Continental Shelf Lands Act, Title 43, United States Code, Section 1356a), and made available through a Financial Assistance Award managed by the U.S. Fish and Wildlife Service, a bureau of the U.S. Department of the Interior. The fulfilln-tent of this Contract is based on those funds being made available to the GLO as the lead administrative state agency. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the CIAP Program, and any other applicable laws. Further, Subrecipient acknowledges that all fiends are subject to recapture and repayment for non-compliance. (b) All participants in the CIAP grant program must have a data tiniversal numbering system (DUNS) number, as well as a Commercial And Government Entity (CAGE) Code. (c) The DUNS number and CAGE Code must be reported to the GIGO for use in various kraut reporting documents, and may be obtained by visiting the System for Award Management well site at: stu rov Assistance with this web site may be obtained by calling 866 - 606 -8220. 5.02 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and /or the GLO in violation of Article III, Section 49, of the "Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such Iunds are not appropriated or become unavailable, this Contract may be terminated. In that event, the parties shall be discharged firom further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. (b) Furthermore, any claim by Subrecipient for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Subrecipient, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. 5.03 RieCArTURI oI, FUNDS Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the Project as set forth in the Contract. The discretionary right of the GLO to terminate for convenience under SECTION 3.02 notwithstanding, it is expressly understood and agreed by Subrecipient that the G1.,O shall have the right to terminate the Contract and to recapture, and be reimbursed for any payments made by the GL,O (i) that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, and G1..o Contract No. 13- 283 -004 -7529 Page 12 of 27 regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.04 OVERPAYMENT Subrecipient understands and agrees that it shall be .liable . to the Gl.,0 for any costs disallowed pursuant to financial and/or compliance audit(s) of funds received under this Contract. Subrecipient further understands and agrees that reimbursement of such disallowed costs shall be paid by Subrecipient from funds which were not provided or otherwise made available to Subrecipient under this Contract. 5.05 R.E'1'AINA(,E ---- APPL,].CABLE 'I'O ALL PROJIi CTS To ensure full performance, Subrecipient must retain a minimum of ten percent (10 %) of the amount of any subcontract until the subcontractor has satisfactorily performed all services and submitted approved deliverables as required under the subcontract. REMAINDER Ole PAGE INITNrIONALLY Lt,vr M ANK GL0 Contract No. 13- 283 -000 -7529 Page 13 of 27 Aunt, ,r, 6 - INTELLECTUAL PROPEWY 6.01 OWNERSIIII'AND USF (A) The parties to this Contract expressly agree that all right, title, and interest in, and to, all reports, dralls of repo ts, or other material, data, dmwings, cornpute;r progrCIII)s and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and /or required to be delivered under this Contract shall be jointly owned by the parties with each party having the right to use, reproduce, or publish any or all of such information and other materials Without the necessity of obtaining permission from the other party and without expense or charge. (b) The USl"WS is granted a royalty free, non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize other's to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and /or required to be delivered under this Contract. 6.02 NONENDORSEMENT 13V STATE AND'rtw,. UNITED STATUS Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) that states or implies State of "Texas or U.S. Government, or government employee, endor'senlcnt of a product, service, or position that the Subrecipient represents. No release of information relating to this Financial Assistance Award may state or imply that the State of Texas or the U.S. Government approves of Subrecipient's work products, or considers Subrecipient's work product to be superior to other products or services. 6.0:3 AI'I'ItOVAI, Oli POBL.LC:A'I'ION AND (,-',I'ECIFIC DISCL,AIMEIt RLeoULItED Prior to publication, Subrecipient must submit to the Grant Administrator, for USF WS approval, any public information releases concerning this financial Assistance Award that refer to the Department of the Interior or any bureau or employee. The specific text, layout photographs, and so -forth, of the proposed release must be submitted with the request for approval. `Elie specific acknowledgemcnis and funding statements that must be included in certain publications funded by the Subrecipient are set Forth in Article 10. 6.04 SURVIVAL TIIL, PROVISIONS oI+` 'nus Alrrinx. 6 SHALL, SURVIVE 711E TERMINATION OR EXPIRATION OF THIS CONTRACT. REMAINDrs R Oh PALL; INTENTIONALLY LY .LIele t BI ANIC G1.O C'ontnnct No. 13- 283 -000 -7529 Page 14 of 27 ARTICLE 7 d RECORDS, AUDIT, RETENTION, AND PUBLIC INFORMATION 7.01. BooKs AND Wcojn)S Su recipient shall keep and maintain an der GAA1' or GA '13, as applicable, fu , true, and complete records necessary to filly disclose to the GLO, the Texas State Auditor's Office, the United States Government, and /or their authorized representatives, sufficient inforlxaation to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. 7.02 INSPECTION AND AUDIT Subrecipient agrees that all relevant records related to this Contract or any work product produced, including those of its subcontractors, shall be subject at any reasonable time to inspection, examination, review, audit, and copying at any location where such records may be found, with or without notice by the 'Texas State ,Auditor's Office, the GLO, its contracted examiners, or the 'f'cxas Attorney General's Office. In addition, the L)SI'VS, the Comptroller General, the General Accounting Office, the Office of Inspector General, or any of their authorized representatives of the U.S. Government shall also Have this right of inspection. AI.,Ia SIJI3CON'I'ItAC`I'S SIIAi,I, RI?Fl,I'.CT Tllf: Rr,,QtJiI2r.MTNTS OF THIS sl,c"rION. 7.03 IPI:RIOD oi+ RFAT.NTION Subrecipient shall retain all records relevant to this Contract fir a minimum of three (3) years. The period of retention begins on the date that the G1_.0 is required to submit final performance and financial reports under the hinancial Assistance Award Agreement. The period of retention skull be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue. 7.04 PUBLIC INFORMATION Pursuant to the Public Information Act ( "I'IA "), records received from Subrecipient. may be open to public inspection and copying. The GLO will have the duty to disclose such records, unless a particular record is made confidential by law or exempted from the PIA. Subrecipient may clearly label. any individual records as a "trade secret;" however, Subreeipient acknowledges it is solely responsible I`or defending any such claim in accordance with the IIIA. The failure to so label any record shall constitute a complete waiver of any and all claims for damages caused by release of the records. If a request for a labeled record is received by the GLO, the GLO will notify Subrecipient of the request in accordance with the PIA. 7.05 AuDrr COMIPLIANC E The GLO, as a pass - through entity, bas the responsibility to ensure that Subrecipier►ts expending Fiw HUNDRED TnouSAND DOLLARS ($500,000.00) or more in federal awards during each of Subrecipient's fiscal years of funding have met audit requirements in accordance with U.S. Office; of Management and Budget Circular A -133. Subrecipicat shall complete and return the Audit ltcporting Form to the Grant Administrator no later than September 30'x' of each year during the full termm of the Contract. GLO Cmitralct No. 13- 283 -000 -7529 Page 15 of 27 Aimci,F 8 d EVENTS OF DEFAULT AND REMEDIES 8.01 EvcNTs OF DF,FAULT Each of the following events shall. constitute an ]:vent of Default under. this. Contract,. (i) Subrecipient's failure to comply with any terin, covenant, or provision contained in this Contract; (ii) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (iii) if at any time, Subrecipient makes any representation or warranty that is incorrect in any material respect to the Work flan, any request for payment submitted to the GL,O, or any report submitted to the GLaO related to the Contract. 8.02 R eMEDD s; No WAIVER Upon the occurrence of any such 1-?vent of Default, the G1:.0 shall be entitled to avail itself of any equitable or legal rernedy. A right or remedy conlerred by this Contract upon either party is not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing, upon the occurrence of an Event of Default. The failure of the GL.JO either to insist at any time upon the strict observance or perforinance of any of the provisions of this Contract, or the GLO's failure to exercise any right or remedy as provided in this Contract, shall not impair any such right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent Events of Default. REMAINDER OF PAGE INTENTIONAUJA LEFT BLANK GLO contract No. 13- 283 -000 -7529 Page 16 or 27 ARTICLE 9 - GI_,O ELECTRONICALLY STORED INFORMATION STANDAIZIIS 9.01 GEOGRAPHIC: INFORMATION SYSTEMS Data, databases, and products associated with electronic Geographic Information Systems ( "GIS ") that have been. collected, manipulated, or purchased with Subgrant funds will be subject to all applicable terms of the Texas State Government GIBS` Rule of the Texas Department of Information .Resources (DIR) and Texas Administrative Code (TAQ §201.6, Planning and Management of Information Resources Technologies, Geographic Information Standards. The Geographic 'Information Standards Rule is available on the World Wide Web at www.dir.texas.Lov/sponsoLed /tS icl� eslstandards.as x, or by writing to Department of Information Resources, P.O. Box 1.3564, Austin, `Texas, 78711, e -mail rob..aanstoos"cr7c state.l .us. 9.02 TRANSFER OF DATA Any GIS data to be transferred or exchanged that is collected, manipulated, or purchased with funds from the Contract must be documented as specified in the federal Geographic Data Committee document Content Standar°d.lrr• Digital Geosl)alial Metadata, version 2 (FGDC -S T D -001 -1998) or later, The federal rnctadata standard is avai table on the World Wide Web at: www.fgde.gov/iiietadati/esdgm. Metadata must be submitted in IITMl:,, XMI,, or ASCII text formats. 9.03 FORMAT Although the G1.0 has adopted UnvironmentaI Systems Research Institute, Inc. software products as in- house GIS software, the GI,O does not endorse these, or any other, products. However, any electronic spatial data collected, manipulated, or purchased with Subgrant funds shall be transferred in a mutually- acceptable GIS format, along with any corresponding metadata referred in the Contract. Nonspatial data deliverables (text, database, spreadsheet, images) must be delivered in MS Office, dl3ase (dbf), ASCII, or standard image (JPEG, TIFF, G1T', etc.) formats. Acceptable media for delivery include CD -RUM, DVD, USI3 flash drive, floppy disk, Zip disk, and external hard drives. Subrecipient is expected to comply with these guidelines. If Subrecipient cannot comply with these guidelines then Subrecipient must provide a written justification detailing why an exception is warranted. RcMAIND R Ole PAGE INTENTIONALLY LEFT 131.ANK GLO Contract No. 13- 283 -000 -7529 Page 17 of 27 ARrncL,E 10— ACKNOWLEDGEMENT OF SOURCE OF CIAP FUNDS; SIGNAGE, PHOTO DOCUMENTATION, PUBLICATIONS, AND WEBSITES 10.01 AC'I(NOWI, t)[ '.I.MI.N 'I' OIL' SOURCE OF CIAP FUNDS Subrecipient :shall iicknbwleclt;c the source of funding for the Pro' as set forth in the Financial Assistance Award Agreement. When the use of the USFWS logo is required, it may be found at the following location: litti):Ilwsfbl)rot,,rams.fws. g ovIbT)a�-,e,il ,raiitt)ro 4rams /CIAP /CIAP,htm Subrecipient is required to inform the public that the Project is being funded, in whole or in part, by Grant funds under the Coastal Impact Assistance Program. Acknowledgement of the source of funds may take many forms (e.g., signage or written acknowledgement in a project publication or Web site). Subrccipient agrees to Iulfill applicable obligations of the Recipient set forth in the Financial Assistance Award Agreement. 10.02 CIAP ACKNOWLEDGEMENT EDGEMENT If Subrecipient or its employee(s) use funds under the Contract to publish reports and other materials completed in whole or in part as a result of the Contract, the author shall ensure that the paper or Web site bears the following statement as well as the tJSI WS logo on the front cover or title page of such document and other materials: "THIS "PUBLICATION/WE SI'.I'.I + :" ` IS FUND.ED ( "IN PART'," IF APPROPRIATE) WITH QUALIFIED OUTER CONTINENTAL SIII LF 011., AND GAS REVENUES BY T111, COASTAL IMPACT ASSISTANCE, PROGRAM, U.S. FISH AND WILDLIFE SERVICE, U.S. DEPARTMENT OF THE INTERIOR." The [JSFWS logo should be located on the lower right corner of the acknowledgement. 10.03 CIAP FIiNI)ING S'I'A I'leMEN'I' If Subrecipient or its employee(s) uses funds from this Contract to publish a paper based. in whole or in part on the work funded by the Contract, the author shall ensure that the paper- bears the following statement, as well as the IJSFWS logo, on the front cover or title page: "Tins PAPER IS FUNDED (4`IN PART," IF APPROPRIATE) HV A FINANCIAL AssISTAN(E AWARD FROM THE U.S. DEPARTMENT of THE, INTERIOR, U.S. FISH AND WILDLIFE SERVICE, COASTAL IMPACT" AssISTANCF. PROGRAM. Tim VIEWS EXPRESSEI) HEREIN ARE THOSE OFT11E AUT110II(S) AND DO NOT NECESSARILV RI+;FL,EGr TN.E vnews OF T1IE U.S. FISII AND WILDLIFE, SIeRVIC "E." If Subrecipient or its employee(s) uses Grant funds under the Contract to produce signage as part of a presentation belated to this Project, Subrecipient shall ensure GLO Cotitract No. 13- 283 -000 -7529 Paige I8 of 27 that the signage bears the following statement, as well as the USMS and GLn logos, on all signs: "Tills PROJEC"1 IS E'UNDI,D ( "IN PART" IF APPROPRIATE) BY A FINANC IM. ASSISTANCE AWARD I;ROM T11E U.S. DEPAR`T'MENT Ole 'I'[I] INITRIO l.. U.S. LIsII AND WILDLIFE SERVICE,, COASTAL, IMPACT ASSISTANCE PROGRAM." 10.04 CIAP PUBLICATION All information submitted for publication or other public releases of information regarding this Project shall carry the following disclaimer: `°.TiFE VIEWS AND CONCLUSIONS CONTAINED IN ,rms DOCUMENT ARE: TII0SE OF THE AUTHORS AND SHOULD NOT BF .INTERPRETED AS REPRESENTING THE, OPINIONS OR .POLICIES OI+ TIJE U.S. C OVERNME r OR '1'IFI: STATE, OIL TEXAS. MENTION OF TRADE. NAMES OR COMMERCIA1, PRODUCT'S DOHS NOT C'ONSTITUIT 'THEIR ENDORSEMENT .13Y TIlle U.S. GOVERNMI l' OR ` HE. STNI' e O1+ TEXAS ". When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing prgjeets or programs funded in whole or in part with Grant funds, Subrecipient shall clearly state (i) the percentage of the total costs of the project or program which will be financed with federal money; (ii) the dollar amount of federal funds for the project or program; and (iii) the percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. Am, DOCUMENTS AND MATFRIAL.S Mus'I' CON'I'AIN ,nit, USFWS LOGO'ON THE I'RON'Y COVER OR TITLE PAGE. 10.05 SURVIVAL THE PROVISIONS OE' THIS ARTICLE 10 SHALL SURVIVE 'PITT, TERMINATION OR EXPIRATION OF THE CONTRACT. REMAINDER OIL' PAGE INTENTIONALLY Lit F'r BLANK GLO Contract No. 13- 283 -000 -7529 Page 19 of 27 ARTICLE I I - SPECIAL CONDITIONS .APPLICABLE TO IZEAL ESTATE IMPROVEMENTS AND LAND ACQUISITIONS 11.01 USE, AND DISPOSITION OF PROPERTY Any property improved of acquired udder the Contract shall be governed by the requirements ot-fitle 43, Code of Federal Regulations, Part 12. Any real property improved or acquired" with funds from the Subgra.nt must be used and disposed of in accordance with the provisions of the Financial Assistance Award Agreement. 11.02 FEDIIRAI. Rt�,Q1ITItEMT:NTS FOR LAND ACQI)ISI'I'ION [?or all land acquisitions, Subrecipients must comply with the Iinancial Assistance Award Agreement. 1 1.03 IMPROVEMENTS If funds under the Contract are used to improve real property, Subrecipient must file a memorandum of agreem.ent in the county records where the property is located, notifying third parties as firllows: "Tuts PROPERTY WAS IMPROVED (IN WHOLE Olt IN PAWL) WITH FUNDS PROVIDED T3Y THL; U.S. DEPARTMENT Ol+ ` filee INTERIOR, FISTI AND WILDLIFE SERVICE, PURSUANT TO FINANCIAL ASSiSTANCh AWAItO NUMBi it F1.2AF01418 (UNDER GLO CON'TRAC'r NUMBER 13- 283 -000- 7529) FROM THI: COASTAL IMPACT ASSISTANCE GRANT PROGRAM, AND WILL BE MANAGED FOR 'THE PURPOSE OF TIIIS GUAN'T, IN ACCORDANCE WITII APPLICABLl+', FEDERAL AND STATE LAW. PROPERTY MAX NOT BE' DISPOSED OF IN ANY MANNER, Olt USED FOR PURPOSES INCONSISTENT WITH 'I`HE, PROGRAM FOR WHICH IT WAS ACQUIRED, WITHOUT THE PRIOR APPROVAL OF TIIF DIRECTOR, U.S. FISH AND WILDLIFE SERVICE -- WASHINCTON, D.C." Prier to any construction undertaken under the Contract, Subrecipient shall deliver to the GLO one (1) copy of Plans to be used for the Project. Any construction to be undertaken with funding from the Contract shall be completed in compliance with final Plans approved by the G1,0. UPON COMPLETION OF CONSTRUCTION, SUBRECIPIENT SMALL SU13MI`r A FINAL "AS BUILT" DESIGN IF REQUIRED 13Y THE LOCAL BUILDING: CODE OR LOCAL BUILDING OFFICIAL, AND STIALL INCLUDE P.EIOTOGRAPHS OF THE CONSTRUCTION IN TILE FINAL REPORT. Subrecipient may not remove any improvements constructed with funds provided under the Contract, unless the USFWS is compensated in accordance with Title 43, Code of Federal Regulations, Part 12. 11.04 S1)RvEYS REQUlRT3;D (a) Inland Survey. In the event that land is to bc acquired with hinds under the Contract, any parcel of land that (1) does not abut any waters and (2) is acquired by lot and block may be surveyed by a "registered professional land surveyor" or "RP1,S" as that term is defined in Chapter 1071 of the 'IIexas Occupations Code. GL0 Contract No. 1.3- 283 - 000 -7529 Page 20 of 27 The survey must meet the requirements of a Category IA, Land Title Survey, as defined in the Manual of Pr°aclice , )r- Land Surveying in Texas, published by the Texas Society of Professional Surveyors. Any survey conducted by an RP1:.8 under this Section must be accompanied by copies of each recorded subdivision plat that includes any portion of the area to be acquired, and appropriate deeds and other documents referenced on the survey plat. (b) Survey of Land Abutting Water. Any parcel of land to be acquired with funds under the Contract other than land described in Section 1.1.04(a), above, must be surveyed by a "licensed state land surveyor" or "I.SL,S" as that term is defined in Chapter 1071 of the "Texas Occupations Code. (c) Coastal Boundary Survey. In the event that a coastal boundary survey is required for the Project, Subrecipient must conduct the coastal boundary survey l'or the Project site in accordance with Section 33.1.36 of the Texas Natural Resources Code. For surveys of tracts on or adjacent to Gulf beaches, maps, surveys, and/or profiles shall not delineate or rrrap vegetation, the line of vegetation, or the landward boundary of the public beach. Such maps, surveys, and /or profiles shall also not include any mention of the location of the Tine of vegetation or the boundary of the public beach. For any work funded in whole or part by funds under the Contract, vegetation, the line of vegetation, acrd /or the landward boundary of the public beach can only be napped, delineated, or described with specific written authorization from the GLO. The coastal boundary survey, as well as surveys of land as described in Section 11.04(b), above, must contain the following statcrnent: "Tins suimw HOES NOT, NOR 1S IT INTENDED TO BE USED '.I'0, IDENTIFY, DELINEATE, OR FIX THE LINK, OF VEGETATION 011 '1'111:;, LANDWARD BOUNDARY OF THE PUBLIC BEACH." (d) REQUIRED MFD LANGUAGE AND REs'rRIC TIONS. If funds under the Contract are used to acquire real property, the acquisition deed must contain the following language: "Tim PROPERTY WAS ACQUIRED (IN WIIOI...F OR IN PART) WITII FUNDS PROVIDED BY THE U.S. DIi.PARTMENr OF 'I'IJE INTERIOR, FISII AND WILD1,11E SERVICE., PURSUANT 'ro FINANCIAL AsSISTANcE AWARD NUMBER F12AF01418 (UNDER GLO CONTRACT` NUMBER 13- 283 -000- 7520), FROM THE, COASTAL IMPAC'r ASSISTANCE GRANT PROGRAM, AND WILL, BE MANAGED FOR THE PURPOSE OF THIS GRANT, IN ACCORDANCE WIT1I APPLICABLE. FEDERAL AND STATE. LAW. PROPER'T'Y MAY NOT RE DISPOSED OF IN ANY MANNER, OR USED FOR PURPOSES INCONSISTENT WITH TIIE PROGRAM FOR WHICII IT WAS ACQUIRED, WITHOUT THE PRIOR APPROVAL O TLIG DIR.Ec"FOR, U.S. FISII AND WILDLIFE SERVICE. — WASHINGTON, D.C." If Grant funds under the Contract are used to improve public or private real property, Subrecipient must file in the real property records of the county where the property is located, a memorandum of restriction, conservation servitudes or easements affecting the real property, in a form acceptable to the GLO, that will GI,O Contract No. 13-283-000-7529 Page 21 of 27 protect the land and its natural resources and preserve the public use and benefit of the land. 11.05 APPRAISALS All appraisals performed in connection with the acquisition of land and /or easement under this section shall be completed in accordance with the Uniiorin Appraisal Standards for federal land Acquisitions. These standards can be farrrad at: li ttp: / /rvww.justicc.f;ov /enrti /land - €tcld 11.06 C'L0 APPROVAL OF REAL ESTA'Uie. Doc UMENTS The survey, appraisal, and the memorandum of restrictions, conservation servitudes, easement, or deed must be approved by the GLO. A recorded copy of the rnernorandum of restrictions, conservation servitudes, easement, or deed must be submitted to the Grant Administer. 1'he GLO will not "bold" an easement or accept it third -party right ofenforcement. 11.07 SURVIVAL THE PROVISIONS ol+ T.FIIS AtrriCLE 1.1 SHALL SURVIVE Tim. TERMINATION OR EXPIRATION OF THE CONTRACT. REMAINDER OI{ PAGIe, IN'TEN'I'IONALLv U,I; r BLANK GLO Contract No. 13 -283- 000 -7529 Page 22 of 27 AR'r1CI.,U, 12 - M.ISCELLANEOUS PROVISIONS 12.01 CONTRACT AMENDMENT Unless otherwise provided herein, any amendment to this Contract must be made by written agreement of the parties and approved by t he USF WS; to the extent required by the Financial .Assistance Award Agreement. 12.02 LEGAL, 013LIGATIONS Subrecipient shell procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification, or certification required by statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient agrees to be responsible for payment of any sLich government obligations not paid by its subcontractors during performance: of this Contract. Subrecipient shall not commence work on the Project until it has obtained the requisite licenses and/or permits, if applicable. COPIES OF SUCH LICENSES AND PERMITS SHALL BE INCLUDED AS A PART OF TILE QUARTERLY REPORT L +Olt THE PERIOD DURING W HICU 'THEY ARE OBTAINED. 12.03 INDEMNITY AS GOVERNMEN'TAI.., ENTITIES AND REQUIRED UNDER THE CONSTITUTION AND LAWS OF T11F, STATE OF TEXAS, EACH PAR`T'Y UNDERSTANDS 'I'll AT THEY ARIA'. 'IAABLE FOR ANY PERSONAL INJURIES, PROPERTY DAMAGE, Olt DEATH IMSUL. "PING FROM 'I HE ACTS Olt OMISSIONS OF SUCH PARTY. IN 'Flit" EVENT 'FIIAT T11E GLO IS NAMED As A PAR,rY DEFENDANT IN ANY LITIGATION ARISING OUT OF ALLEGATIONS OF .PERSONAL INJURY, DEATH, OR PROPI.+',Itl'Y DAMAGE, RESULTING FROM THE ACTS OR OMISSIONS OF SUBRECIPIENT, AND FOR WHICII Till; GLO IS LIABLE, IF A'1' AL L, ONLY THROUGH "THE VICARIOUS LIABILITY OF SURRECIPIENT, THIN, IN SUCH EVENT, SUB.REC'IPIENT AGREES THAT IT WILL PAY, ON BEHALF OIL THE, GLO, ALL COSTS AND .EXPENSES OF LITIGATION (INCIAJDING ANY COURT' COS'1;S, REASONABLE ATTORNEYS' FEES, FEES OF ATTORNEYS APPROVED BY THE OFFICE. OF THE TEXAS A'I" rORNEV (GENERAL) AS WELL AS ALL AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM, ACTION, Olt SUIT, INCLUDING JUDGMENT Olt VERDICT, ARISING OUT OF OR IN CONNECTION WI'T11 `PHIS CONTRACT. .IN '1'I-I1 +'' I+,VEN'l "TIIA'I' SLJBRE(,,IPll,,NT IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEA'I`ll RESULTING Oul' OF 'riw GLO'S AC'T'IONS OR OMISSIONS, ANT) SUBRECIPIEN':I''S SOLI ±, IAARILITV, IF ANY, IS ONLY VWARIOUSLY THROUGH THE GLO, 'n[EN, IN SUCII EVENT, THE GLO AGREES TO PAY ANY AND ALL CLAIMS, DEMANDS, OR LOSSES, INCLUDING EXPENSES OF IATIGATION ( INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COS'T'S ) INCURRED BY SUBREXAPIEN.r, INCLUDING ANY VERDICTS OR JUDGMT NI'S OR AMOUNT'S PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION WiTU THIS CONTRACT. ANY ATTORNEYS RETAINED BY SUBRECIPIENT TO I&PRESEN`1' ANY IN'TERES'T oF'rHE GLO MUST BF, APPROVED BY `PITH; GLO AND HY THE OFFICE OF 'rHE TEXAS ATTORNEY GENERAL,. ANY ATTORNEYS .RETAINI!.D By 'I'llE. GLO To REPRESI +'.N'r PELF, INTERES'r OF SUI3RECIPIENT MUST 13E APPROVED BY SUSRECIPIhNT. GLO Contract No. 13- 2$3 -000-7529 Page 23 of 27 12.04 AssIGVMLNT AND SUBCONTRACTS (a) Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract not encompassed within the Work Plan without the prior written consent of the GI10. Notwithstanding this provision, it is mutually understood and agreed that Subreeipient may subcontract with others for some or all of the services or work to be performed. In no event may Subrecipient delegate or transfer its responsibility for use of the funds under this Contract. (b) Subrecipient is responsible for upholding the integrity of the procurement process and must comply with the organizational conflicts of interest and/or noncompetitive procurement practices as required by 'Title 43, Code of Federal. Regulations, Part 12, and the Financial Assistance Award Agreed -lent, in connection with any subcontract Linder this Contract. (c) In any approved subcontracts, Subrecipient shall legally bind any such subcontractors to perform, and make such subcontractors subject to, all the duties, requirements, and obligations of Subrecipient specified herein. Nothing; in this Contract shall. be construed to relieve Subrecipient of the responsibility For ensuring that the goods delivered and/or the services rendered by Subrecipient and/or any of its subcontractors comply with all the terms and provisions of this Contract. A COPY Off[+ EACH SUBCONTRACT SIIALI, BE SUBMITTED TO TI�II? Gi,v QUARTF.RLV, AS SRECIFILD IN SECTION 4.03. ((t) The GLO and the USFWS shall have the right to initiate communications with any subcontractor, and may request access to any books, documents, papers, and records of a subcontractor which are directly pertinent to this Financial Assistance Award. Such communications may be required to conduct audits and examinations and gather additional information as provided in Article 7 and-Title 43, Code of Federal Regulations, Part 12. 12.05 ltELATIONSIIrI' OI+ TIM PAWFII,S Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract and, in respect to Subrecipient's perFormance pursuant to this Contract, Subrecipient shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer- employee or principal- agent, or to otherwise create for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and obligations of Subrecipient or any other party. 12.06 COMPI..IANCI; WITH OTI °ILR LAWS Subrecipient carries the responsibility to be aware of and comply with the federal regulatory requirements for federal financial assistance awards included in the Code of Federal Regulations and listed in the Financial Assistance Award Agreement, as applicable. If the Project is located within a Coastal Management Zone established by Chapter 33 of the "Texas Natural Resources Code, Subrecipient shall complete the requirements of the Contract in compliance with the CMP Rules, and shall ensure that the performance of all subcontractors is in compliance therewith. GLO Contract No. 13- 283 - 4004529 Page 24 of 27 Subrecipient shall complete the requirements of the Contract in compliance with Federal Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October. 13, 1967, and as supplernented in Department of Labor regulations in 41 C.f.R. Part 60; Subrecipient shall complete the requn-cmcnts of the Contract in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), and L;nviroiuncntal Protection Agency regulations (40 C.T.R. part 15); Subrecipient shall complete the requirements of the Contract in compliance with standards and policies relating to energy efficiency which arc contained in the State I,nergy Conservation Plan issued in compliance with the energy Policy and conservation Act (Pub. L. 94 -163, 89 Stat. 871). In the performance of this Contract, Subrecipient shall comply with all other applicable federal, state, and local laws, ordinances, and regulations that in any manrier affect pet Iormance under this Contract. Specifically, Subrecipient will comply with the requirements identified in Attachments C and D. In accordance with State law, it is the GLO's policy to assist IIU13s whenever possible, to participate in providing goods and services to the GL,O. The GL,O encourages Subrecipient to adhere to this same philosophy in selecting subcontractors to assist in Fulfilling Subrecipient's performance; tinder the Contract. Subrecipient will provide the GLO's Purchasing, Department pertinent details of any participation by a fIUI3 in ful filling; Subrecipient's performarice under the Contract. The GLO also encourages Subrecipient;5 to partner with certified 11U13s that participate in the Comptroller's Mentor Prote'ge Program. For more information on the program, and how it can assist your firin in meeting good faith effort goals please visit: www.window.state.tx.us/ oocuretnent/ ro T /hub /mentorr)rote I Subrecipient shall, not later than the dates listed on Attachment E of the Contract, complete and return the IJUI3 expense report included in Attachment E. Subrecipient shall take notice of the Buy American Act Requirements set forth in Section .17 of the financial Assistance Award Agreement. Subrecipient is encouraged to adopt and enforce on-the-job seat belt use policies and programs as described in the Financial Assistance Award Agreement. 12.07 NoT1c1,s Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: GLO Texas General land Office 1700 N. Congress Avenue, Mail Code 158 Austin, TX 78701 Attention: Legal Services Division G1,0 C.ontrad No. 13-283- 000 -7529 Page 25 of 27 WITH A COPY 'r0: Texas General band Office 1700 N. Congress Avenue, Room 330 Austin, 'TX 78701 Attention: CIAP Grant Administrator Sttbrecipient City of Corpus Christi 1201 leopard Street Corpus Christi, TX 78401 Attention: Michael Morris Notice given in any other planner shall be deemed effective only if and when received by the party to be notified. Fither party may change its address for notice by written notice to the other party as herein provided. 42.08 (GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in "Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of fin -inn non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NoIING IN 'flits sE(,PION SHALL BE CONS` RI)I�:I) AS A 'rI WAIVER OF SOVI,REIGN IMMUNITY BY THE (GLO. 12.09 SE,VERABILITY If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non - enforecability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. 12.10 Dlsm t'E REsot,u,nON If a contract dispute anises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. if the parties are unable to satisfactorily resolve the dispute within fburteen (14) days of the written notification, the parties must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve the dispute. This provision shall not apply to any matter with respect to which either party may make a decision within its respective sole discretion. 12.11 h1N'I'IRE (',ON'I'RA(:T AND MOI)Il IcA'1'IONS This Contract and its integrated attachments constitute the entire agreement of the parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject mutter hereof. Any additional or conflicting terms in such attachments) GLO Contract No. 13- 283 -000 -7529 Pogi2G of 27 SIGNATURE PAGE mR GLO CONTRACT No. 13-283-000-7529 C.xrsNERAL, LAND OFM..cC CITY OF CORPUS CHRISTI Larry L. Laine, Chief Clerk/ Deputy Land Commissioner Date of execution: Il,'GAL. F A G C, �! ATTACHMENTS'ro Tills CONTRACT By:_ Title: Date of cxecri:' A'rTACIIMT.NT A: Work Plan and Project Budget ATTA(IIMENT13: USFWS Vinaacial Assistance Award Agreement to the GL,O for Award No. F l2AF01418; Project Narrative; Budget Narrative A`I °.rACIIMEN' C: Federal Assurances, as applicable -- Construction (SF -4241)) or Non- Construction (Sl',- 42413); and Certification Regarding Lobbying Lower Tier Covered Transactions (CD -512); and Disclosure of Lobbying Activities Form (SF -L.LL) A,rrACIIME,NT D: General Affirmations A,I`FAChiMEW[' E: Sa.rnple Additional Required Dorms: Progress (Report Form; Invoice for CIAI' Federal Expenditures Form; Budget Amendment Request Form; 11L)B L:xpetise Reporting Form; Audit Reporting Form; Final Project Report Form M°rACllwWr F: final, Actual Budget to be Submitted by Subrecipient M rActim M's I {oi.,L,ow WORK PLAN AND JIU.DGll{ I' rotect s u giiq� Attachme, to Contract No, 13- 283 -1100 -7529 Page 1 of2 The City of Corpus Christi is seeking $1,500,000 in FY 2010 state CIAP hands to build an approximately 3,500 sq ft learning center that will serve as a regional site for coastal environmental education in Corpus Christi, 'Phis project is Phase 3 of a five phase project. Only Phase 3 is seeking; CIAP funding. The construction will follow filial engineering and design plans that will be awarded through the federal solicitation process. A conservation easement has been put in place, consistent with the CMP funding /coiAractual tequireinents that protects the acquired property and specifically allows for the construction of the Learning Center, 'flre center will include: exhibition space; two multi - purpose rooms that can be used for additional exhibition space or classrooms; a wetlab designed for use by area schools and community groups; and the design and production of environmental education exhibits. Only a local building perinit will be required because the project is located on uplands, out of the floodplain, and will not disturb wetlands. Additionally, the Learning Center will be located at the entry to the Oso Day Wetland Preserve, and linked to two miles of nature trails, interpretative sites, wildlife viewing stations, and areas undergoing; active restoration (with on -site interpretation of the restoration activities). The exhibits will highlight the importance of coastal natural resources (both coastwide and local.) and educate youth and the public on a variety of issues, including coastal erosion, nonpoir►t source pollution reduction, species conservation., habitat and wetland restoration, and the importance of water conservation . as it relates to freshwater inflow into the state's estuaries. The project will be built and maintained by the City of Corpus Christi. further, to help ensure effective use of the facility and its integration into existing programs, the City will appoint an educational steering committee, which will include men fibers from the, the Coastal Bend Bays and estuary Program, and area school districts and a representative from the Corpus Christi Convention and Visitors Bureau (Nature Tourism Division) to guide the design of educational exhibits and programming. Statement of W01•10 The GLO will sub -award this project to the City of Corpus Christi ( "thc City„). A preliminary design (included with the application) has been developed by the city staff. The City hired RVi Planning as the enginecring /construction firm; in December 2010 through a competitive process that met requirements of 43 CFR 12.76, Procurement for Contracting. The engineering /construction firm has completed most of the outdoor project elements of the Oso Bay Wetland Preserve. The City's contract with the enginecring/constt-uction firm is structured in such a way that, immediately upon :funding, the City can issue a work order directing; the contractor to begin work on the Learning; Center. The City will contract with all organization, in accordance with 43 CPR_ 1236, Procurement for Contracting;, of appropriate expertise to design the indoor coastal educational exhibits. The exhibits will highlight the importance of coastal natural resources (both coastwide and local) and educate youth and the public oil a variety of Attachmei t A (:,'o»tritet No. 13- 283. -4)00 -7529 t'ow 2 of 2 issues, including coastal erosion, rionpoint source pollution reduction, species conservation, habitat and wetland restoration, and the importance of water conservation as it rclates to freshwater inflow into the state's estuaries. No lase -awatd costs -re included Schedule: "Task 1: Appoint the Education Advisory Committee (March 1, 2013) Task 2: Construct the Learning Center (July 31, 2014) Task 3: Design and Install Indoor lsxhibits (July 31, 2014) Task 4: Closeout (August 30, 2014) Do ivcrabies: lesiw ipiion ' V~ 1)ite With April 2013 monthly report List of Education Advisory Committee copy of signature page of 10 days after execution Construction contract Fiilal Design plans (building and 1.0 after receipt exhibits) _ ._. _ Photodoeumentation before, during and after construction (building and With appropriate monthly reports exhibits) Sigilage -- m.....__ _^ _.— - Within 30 days of construction completion Within 10 days of closeout Closeout report BUDGU Salaries Fringe 13enefifis Travel Smolics Contractual $1,500,000 Other Direct Costs Indirect Costs TOTAL Attachment 11 C:ontraei No, 13- 283 - (100 -7S29 Page 1 of 12 tir Op ryF , m iii. Lire Y United States Department of the interior �� ' ..... ....... . r FISH AND WII.DLIFL SERV[CR = "` yqJ" ' "ipa9 Washington, D,C. 20240 w a ,� �'�• In Reply Refer To: WSFR /CLAP/ Fl2AF0]4I8 OCT 18 2012 Larry L, L nine Deputy Hand Commissioner General Land Office 1700 N. Congress Ave. Austin, Texas 78701 -1495 Dear Mr. L.ainc; Grant number F 12AFO 1418, " 4so Bay Coastal Environmental Learning Center," is approved for funding in the amount of $1,500,000,00 under the Coastal Impact Assistance Program (CDPA # 15.668). The grant agreement period is effective May 1, 2012 — September 30, 2013. An SF-424 arnendnwnt will be required to add or delete a project; increase or decrease the FQ(Jural fields; modify the agreement period and /or change key personnel. A letter or e►nail to the Coastal Impact Assistance Progrom (CIAP) Branch Chief may be used for a change in key personnel, Please submit all correspondence, amendments, and performance reports to FW9 —W8FR CIAP@u fws.gov This grant award is subject to the following terms and conditions: a) Reporting; requirements: 1) Financial and performance reports are required under this award, as follows: _ mmRe urt _ w Re r1 or•t Period _ r...... � . Report Due Date Annual interim financial 05/01/2012 — 06/30/2013 09/28/2013 and performance reports 12/29/2013 Final financial 8c 05/01/2012 — 09130/2013 f erorn�ane;e re. arks 2) Requests for an extension of the report due date tip to an additional 90 days must be submitted to, and received by, this office, no Iater than 1 day before the report dice (lute. If those reports are not received by the original or extended due elate, the CIAP may: I) withhold cash payments; 2) suspend or terminate the award, Martially or entirely; 3) withhold further awards for the grant prof rain; and 4) pursue other legal rellledies, The sanctions that the CIAP imposes will remain in effect until the required reports are received [43 Attachment It Cootract No. 13- 283 -000 -7529 Pate 2 or 12 Mr. Laine 2 F12AF01418 .-CM 12.80(b)(1); 43.CiR 12.81(b)(3); U,S, Fish and Wildlife Service .. (USF W,S) Manual Chapters 516 la W 1 & 516 f W 2]. 3) A portortnance repod must contain the following: A. A C0Dlpari8011 Of aCtual a CC0111p11Sllinetlts with tile, goals and objectives established tar the reporting period; B. If the goals and objectives were not met, reasons wily; and C. Other important inibrinatlon including, when appropriate-, analysis and explanation of cost overruns or high unit costs compared to the benefit received to reach an objective b) Grantees must comply with the Federal laundillg Accountability and'1'rans1arency Act (FFA`I'A). Additional information may be found at littl)s://www.fsrs.gov/, c) The purchase of equipment has been approved in this grant, Individual equipment purchases must be identified in Anlival Interim and Final Performance Reports. Equipment shall be managed and disposed of as outlined in 43 CFR 12.72. Acceptance of a Federal financial award carries with it the responsibility to be aware of and comply with the torms and conditions of the ward, including those assUrRnQes subEitted aElnually by your agency per llttpa /ww . dai. gavlarcllive/ p�t7�ll 'er�nslndConditions.htnll, Acceptance is defined as the start of work, drawing down fiends, or accepting tho award via electronic means. Awards are based on the application and supporting documents as submitted to and approved by the CIAP. .Please contact Stephen Jones, Grant Specialist, at 703 - 3582097, or me at 703358 -1783, with any questions or concerns about the terms of this Award. I'emi I.,, Bartnic t Chief, Coastal Impact Assistance Program Branch Wildlife and Sport lash Restoration Program cc: Additional jgant contact Tom Calnan, CIAP Melissa. Porter, GLO Am.ichnient 11 Contract No. 13 -283- (100 -7529 Page, 3 or 12 Faxry�� United States Department of the Interior FISH AND WILDLIFE SERVICE Washington, D.C. 20240 111 Reply Refer To: WS1iR/CIAP/ F t2AF01418 OV 0 g 202 Mr. Larry Laine Dcputy land Commissioner General Land Office 1700 N. Congress Ave. Austin, Texas 78701 -1495 Dear Mr. Laine: An extension of the performance period for grant number F12AF01418, amendment 1, "Oso Day Coastftl Environmental Learning Center," is approved under the Coastal Impact Assistance Program (CFDA # 15.668). The effective elate for this ameadment is November 7, 2012. The grant perfon>tanee period is May 1, 2012 through December 30, 2014. This grant award is subject to the following terms and conditions: a. Reporting requirements: 1) Financial and perfonnance reports are required under this award, as follows: R5port Re tart Period _ Re ort Due bate Annual interim financial 05/01/2012 — 0 6/3012013 0912812013 and performance reports Annual interim financial 07/01/2013 — 06/30/2014 09/28/2014 and performance reports Final inaneial & 05/01 12012 — 12/31/2014 03/28/2015 erformancc reports 2) Requests fi r an extension of the report due date up to an additional 90 days must be submitted to, and received by, this office, no later than 1 day before the report due date. 3) A performance report must contain the following: Attachment B Coistrnet No. 13- 283 - 000.7529 Page A of 12 Mr, Laine P12AP01413 A, A comparison of actual accomplishments with the foals and objectives established for the reporting period; B. If the goals and objuctives were bilk riot, reasons why; and C. Other important information including;, when appropriate, analysis and explanation of cost overruns or high unit casts compared to the benefit received to rench nn objective. b. Grantees must comply with the Federal funding Accountability and Transparency Act (FFATA). Additional information may be found at ltttp: /lwww.dai.�ov /paf��! #financial as sisttuicelawt►rdlindex,lyttr�l c. All Grant conditions identified in previous award letter(s) retrain in effect, Acceptance of a federal financial award carries with it the responsibility to be aware of and comply with the terms and conditions of the aware/, including those assurances submitted annually by your agency ( http:// www. doi. gov/ archivc/ patzr /TermsatidCon(litions,littii1). Acceptance is defined as the start of work, drawing clown funds, or accepting; the award via electronic means. Awards are based on the application and supporting documents as subrnitterl to and approved by the CIAP awarding; agency. Please submit correspondence, arnendtnent requests, financial and performance reports and general inquiries to )~W9_WSF'R_CIAP @fws.gov. We appreciate this opportunity to work with you as the implementation of your approved State CIAP Plan project continues. Please contact Stephen Jones, Grant Specialist, at 703 - 358-2097, or me at 743 «358 -1783, with any questions regarding the terms of this award, specified conditions, and/or reporting requirements. in rely, r— , Pennyl�., a"nicic`. Chief, Coastal Impact ;Assistance Prograin Branch Wildlife and Sport Dish Restoration Program cc: Melissa Porter, GLO Thomas Calnan, CIAP Al(achmeot R Contract No. 13- 28:3 -000 -7529 Page 5 of 12 Oso .Bay Coastal Environmental Learninjj Center Project Narrative 1. Designated State Agency or Coastal Political Sub(livision General Land Office Larry L. Laine, Deputy Land Commissioner and Chief Clcrlc 1700 N. Congress Ave, Austin, TX 78701 (512)936 -1927 (512)475 -1558 (fax) t.arry.laine(u)glo.texas.gov 2. Project Title Oso Bay Coastal Environmental Learning Center 3. Contact Information Project Manager Contact Contact Name: Martha lottarelli Entity, General Land Office Address: 1700 N. Congress Avenue, Austin, 'FX 78701 Telephone Number: (512)475.6119 Fax Number: (512)463 -5233 E -mail Address: Martha.rottarelli u, ,lo.texas. ov Application Contact Contact Name: I 'ntity: Address: Telephone Number: Fax Number: -Mail Address: Sub- grautee Contact Contact Name: lntity: Address: `I"clephone Number: Fax Number: I -Mail Address: Melissa Porter General Land Office 1700 N. Congress Avenue, Austin, TX 78701 (512)475 -1152 (512) 463 -5233 Melissa. orter ti) rlo.texas. jov Mr. Michael Morris City of Corpus Christi 1.201 .Leopard Street, Corpus Christi TX 78401 (361) 826 -3461 (361) 8263864 MichaelMo@ectexas.com 4. Project Summary Location: The project will be located in the new (recently acquired and yet to be developed) 162 -acre Oso Wetland Preserve on the west shore of Oso Bay. `hhe property's physical address is 8001 14olly Road, Corpus Christi, TX 78414. Latitude: 27 °40'16.16 "N; Longitude 97 °19'52.15 "W Duration: 16 months Total CLAP Cost in Approved State Plan: Total CLAP Cost in Approved Plan by FY Allocation: .. ..... ... Current `I "otal CIAP Cost: Current'Total CIAP Cost by FY Allocation: Current CIAP Grant Funds Request: Current CIAP Grant Funds Request by FY Allocation: Attachment 13 Cootract No. 13- 283 - 000 -7529 Page 6or12 $1,500,000 $1,500,000 (FY20 10 Allocation) $1,500,000 $1,500,000 (FY2010 Allocation) $1,500,000 $1,500,000 (FY2010 Allocation) The City of Corpus Christi is seeking `61,500,000 in FY 20.10 state CIAP funds to build an approximately 3,500 sq 11 learning center that will serve as a regional site for coastal environmental education in Corpus Christi. This project is Phase 3 of a rive phase project. Only Phase 3 is seeking CIAP funding. The construction will 'follow final engineering and design plans that will be awarded through the federal solicitation process. A conservation casement has been put in place, consistent with the CMP Iundinglcontractual requirements that protects the acquired property and specifically allows for the construction of the Learning Center. The center will include: exhibition space; two multi - purpose rooms that can be used for additional exhibition space or classrooms; a wetlab designed for use by area schools and community groups; and the design and production of environmental education exhibits. Only a local building permit will be required because the project is located on uplands, out of the floodplain, and will not disturb wetlands. Additionally, the .Learning Center will be located at the entry to the Oso Bay Wetland Preserve, and linked to two miles of nature trails, interpretative sites, wildlife viewing stations, and areas undergoing active restoration (with on -site interpretation of the restoration activities). The exhibits will highlight the importance of coastal natural resources (both coastwide and local) and educate; youth and the public on a variety of issues, including coastal erosion, nonpoinl source pollution reduction, species conservation, habitat and wetland restoration, and the importance of water conservation as it relates to freshwater inflow into the state's estuaries. The project will be built and maintained by the City of Corpus Christi. Further, to help ensure effeetive use of the facility and its integration into existing programs, the City will appoint an educational steering committee, which will include .members from the Ilarte Research Institute, the Coastal Bend Bays and Estuary Program, and area school districts to guide the design of educational exhibits and programming. The Learning Center will also serve as the entrance to the Oso Bay Wetland Preserve and provide controlled access to the preserve's restoration sites, wildlife viewing areas and platforms, educational signage, and nearly two miles of nature trails. The center will serve several constituencies, including school districts, area institutions of higher education, and the general public. It will accommodate approximately 120 students in guided groups and 500 members of the general public per day, as well as larger numbers during special environmental education events. In addition to environmental exhibits, the center will host both youth and adult environmental education programming. The project will additionally promote the restoration and protection of the 'Texas Coast by providing educational opportunities and programming that promote long -term environmental stewardship. No CIAP funds relative to this project will be used for federal cost sharing or matching purposes. Altachmenl 13 Coo(rad Nn. 13-283-000-7529 Page 7 of 12 Goal: TO provide the indoor infrastructure necessary for extensive environmental education and interpretation that will take place at the Oso Bay Wetland Preserve and learning Center. Measureable Objectives . 1. Solicit and award final design plans 2. Obtain a local building permit 3. Construct the learning Center 4. Design and install indoor educational exhibits S. Appoint educational steering oversight committee S. Authorized Uses #t. Projects and activities for the conservation, protection, or restoration of coastal areas, including wetland. This project provides educational opportunities to school youth and the general public that promote the conservation, protection, and restoration of coastal natural resources, including freshwater and saltwater wetlands, tidhtl sand and tnudflats, seagrass beds, and other coastal natural resources. The learning Center, the educational cle►nents within it, associated environmental programming, and the Oso Bay Wetland Preserve will be designed to promote a conservation ethic in visitors that encourages the long -tern stewardship of the Texas Coast. "Phis project additionally meets the environmental education goals of the Coastal Bend Bays Plan and the Texas CMP. The Coastal Bend Bays flan is a f.'ederally approved comprehensive conservation management plan defined by Section 320 of the :federal Clean Water Act, 1.987. The primary educational goals ol'the Coastal Bend Bays Plan arc to: raise public environmental awareness; foster community stewardship of bay resources; and increase individual involvement in bay resource management issues (page 131 of the "Implementation Strategy for the Coastal Bend Bays Plan "). The project also supports the federally approved Texas CMP by addressing two program goals: to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of Coastal Natural Resource Areas (CNRAs); and to educate the public about the principal coastal problems of state concern and technology available for the protection and improved management of CNRAs. 6. Project Description Statement of Work: The G1.,O will sub -award this project to the City of Corpus Christi ( "the City "). A preliminary design (included with the application) has been developed by the city ,staff. The City hired RVi Planning as the engineeringlconstructior► firm in December 2010 through a competitive process that met requirements of 43 CFR 12.76, Procurement for Contracting. The engineeringlconstruction firm has completed most of the outdoor project elements of the Oso Bay Wetland Preserve. The City's contract with the enginceringlconstruction firm is structured in such a way that, immediately upon funding, the City can issue a work order directing the contractor to begin work on the Learning Center. The City will contract with an organization, in accordance with 43 CFR 12.76, Procurement for Contracting, of appropriate expertise to design the indoor coastal educational exhibits. `Fhe exhibits will highlight the importance of coastal Attaetimeid 13 Coolract No. 13-293-000-7529 Page 8 or 12 natural resources (both coastwide and local) and educate youth and the public on a variety of issues, including coastal erosion, nonpoint source pollution reduction, species conservation, habitat and wetland restoration, and the importance of water conservation as it relates to Freshwater inflow into the statc ", estUaries. No pre -award costs are included. Schedule — 'cask 1: Execute sub - grantee agreement between GLO and City Of Corpus Christi (3 months after grant award) Task 2: Appoint the Education Advisory Committee (I month after completion of'fask I) Task 3: Construct the Learning Center (12 months al er completion oFTask l ) Task 4: Design and Installation of Indoor Exhibits (15 months after completion of Task l ) Taste 4: Closeout (I month after completion of Task 4) Factors that could disrupt of expedite the project schedule: 'There are no factors that will delay implementation. The City has acquired the property. A conservation easement has been placed on the property (puI-ehased in hart with federal funds) that allows for the construction of a regional coastal education facility. The location of the facility is outside the f loodplain. Project Management Plan The GLO will sub -award this project to the City of Corpus Christi through a sub - grantee grant agreement. Under this contractual agreement, the sub- grantee will be required to submit written monthly progress projects, timely invoices of documented expenses, and on -time deliverables. The CtAi' administrative manager (CIAP AM) for this project is: Contact Name: Martha Zottarelli Entity: General Land Office Address: 1700 N. Congress Ave., Austin, TX 78701. Telephone Number: (512)- 463 -6119 Fax Number: (512)- 463 -5233 1-mail Address: Martha .zottarelliCa),glo.texas.gov Ms. Zottarelli will meet with the City and visit the project site at the beginning of the construction, at least once during construction, and at the end of the construction. As the administrative manager, Ms. 'Zottarelli will be in charge of the compliance with rules and regulations of CIAI-1 by monitoring the sub - grantee agreement, project reports, invoices, and deliverables, and providing the resources deeded for the success of the project. The City project manager (PM), Michael Morris, will be responsible for implementing the QA/QC policies and procedures established through the sub - grantee agreement within the CIAP program. Mr. Morris' services will be paid by the City of Corpus Christi with non -CIAP funds. The PM or his designated representative will make regular site visits to provide collstruetion inspection and to ensure the work is being performed it) accordance with the plans and specifications. The PM or his designated representative will provide written monthly updates to the CIAP Administrative Manager in accordance with the sub- grantee agreement. Attachment 11 C011hMet No. 13- 283 -()pt� -7829 Pslgc 9 of 12 Contact information for the PM is: Contact Name: Michael Morris P,ntity: City of Corpus Christi Address: .... 1201 1;eopard Street, Corpus Christi, TX 78401 Telephone Number: (361)526 -3461 Fax Number: (361)$26 -3864 E-mail Address: MichaelM.o(c'cetexas.com The City has extensive experience in designing, contracting, and managing construction projects. Mr. Morris' oversight will include all aspects of the project such as preparation of the bids and specs, hid advertising, contracting, construction, inspection, submittal approval, and budget and invoice review and approval and related C1AP grant administration. Deliverables Description — Submit with Annual Report ..Copy of construction contract Final Design plans (building and exhibits) Submit with Annual Report List of Education_ Advisory Committee Srgnae� ����� Submit with Annual Report Within 30 clays of construction completro'n Closeout report Within 1.0 days of closeout Final Report 90 days after closeout Compatibility /Synergy `1'he PI-gject will be the last major component of the larger Oso Bay Coastal Environmental Learning Center and Wetland Preserve project. The 162 -acre complex is designed around the Learning Center, which will serve as both the entryway into the preserve and a primary location for educational interpretation of the preserve. Many of the components of the Oso Bay Wetland Preserve are either completed, or have been funded and will soon be under construction. These include the acquisition. of the property (includes purchases by the City using CMP and local funds and a significant donation from the Coastal Bend Bays & l;stuaries Program) and development of an interpretative trail system and wildlife viewing stations (funded by the City and `FPWD). "1'he City is currently proposing to the Texas CMP (Cycle 16) a restoration plan for the 162 acres. The CMP proposal includes the development of a restoration and monitoring plan for the site, actual on- the - ground restoration, and educational interpretation of the restoration activities. Controversy /Support Local support from area school districts, the Coastal Bend Bays & t ?stuaries Program, and elected public officials, among others, is documented and available upon request. Importantly, this project was included in the City's "Comprehensive Parks, Recreation and Open Space Master Plan 2007 - 2008." Such plans are required by TPWD before the department will Attachment It Contract No. 13 -283- 000 -7529 Page 10 of 12 award grant funds for outdoor or indoor recreational or educational opportunities. TPWD requires extensive public involvement in the developme.lit of the plans. Maps/Drawings . NIA. 7. Description of Envirmimental Impacts The project will not have a significant negative impact on environmental resources. The Learning Center is being; constructed outside the floodplain on former rangeland of little ecological value. 'he; I.,carning Center will be built on significantly degraded coastal prairie outside of the floodplain. E'rosio.n control and retention areas will be utilized to prevent soil run -off during; any construction activity. LOSS o1' vegetation associated with construction of the nature center will have an insignificant effect on the environment. .l.,osses will be mitigated by the substantial restoration activities, including; the creation of wetlands and the replacement of nonnative grasses with native grasses within the 162 -acre nature park. The property will be maintained to the standard of other nature center's across the state. The facility will mitigate use of fossil fuels by using photovoltaic Celts for power and passive industrial lighting (industrial skylights) for indoor lighting;. Any wildlife impacts frorn lights at nighttime will be mitigated by park closure at dusk, with periodic exceptions when the Learning- Center stays open into the early evenings to accommodate groups. The project will be built to l,l l:D standards. �['he LI ED standards encourage sustainable green building and development practices through the creation and iinplenlentatioil of universally understood and accepted tools and pe.r(brtnance criteria. 8. Relationship to Other Federal Programs The Oso Bay Wetland Preserve property acquisition was partially funded by a $325,520 CMP grant (Cycle W). A Cycle 16 CMP grant for restoration activities on the Oso Bay Wetland Preserve is currently pending review. No CIAP finids werclarc being used to match these proposals. 9. Federal, Mate, and Local Agencies Area school districts, universities, and others have opted to support this phase of the project through an in -kind donation of labor by service oil a steering committee that will help guide the educational components of the proliect. Note that earlier phases of the larger Oso Bay Coastal Environmental .l.,earning Center and Wetland Preserve project have received significant support from the Coastal Bond Bays, & Estuaries Program (the donation of 77 acres of land) and TPWD ($800,000 for land acquisition, interpretive trail development, and wildlife viewing stations). 10. Project Information Questions Environmental Review 1) Does the project require any l"ederal environmental review (e.g., environmental assessment, environmental impact statement, biological opinion)? Aff»crin7enf It Contract No. 13- 283 -000 -7529 Page r.r of 12 Yes _X —No 2) roes the project require any State: environmental .review (e.g., Consistency Determination State l fistoric i'reserwation Office)? YES _X —No 3) Does the project require any local environmental review (e.g., zoning)? Yes _X —No Permits I hoes the project rcquirc any Federal permits? Yes X No 2) Does the project require any State permits? Yes X No 3) Does the project require any local permits? _X —Yes No Legal Proceedings 1) Are there any pending Iegal proceedings that have been taken against any of tile permits or related environmental analyses .required for the project? Yes _X —No 11. Changes to Projects from the Approved State Plan The below changes reflect differences between the Project Narrative and the previously approved State Plan. e 'l'he contact information for the sub - grantee was updated. The proposed changes in this project comply with the original intent of the project as stated in the approved flan. The original project description remains recognizable, and is still covered by the Governor's Certification of Public .Participation, application submittal and Larry 1_,aine's signature validate this medication. Atta Aliment R Contract Na. 13- 283 -000 -7529 wage 12 of 12 Oso Bay Coastal Enyiz-onmc�ttal Learirii� Center Budget .Narrative Martha Zottarelli with the Texas General Land Office, as the CLAP administrative manager, will be responsible for establishing and enforcing the QA /QC policies and procedures of the C1AP program, ►monitoring the progress of tliv project, approving payment of invoices, and submitting performance reports as instructed in the grant award. Ms. Zottarelli's expenses will be paid frorn the FY2009 /10 Planning Assistance and CIAP Administration project. Contractual Services: The GL,O will sub -award this project to the City of Corpus Christi ( "the City "). A preliminary design (included with the application) has been developed by the city staff. The City hired RVi Planning its the engincering /constriction firm in December 2010 through a competitive process that met requirements of 43 CLLR 12.76, Procurement for Contracting. The engitacetinglconstructiom firm has completed most of the outdoor project elements of the Oso Bay Wetland Preserve. The City's contract with the engineering /construction firm is structured in such a way that, immediately upon funding, the City can issue a work order directing the contractor to begin work on the Learning Center. Tlae City will contract with an organization, in accordance with 43 CTR 32.76, Procurement For Contracting, of appropriate expertise to design the indoor coastal educational exhibits, The exhibits will highlight the importance of coastal natural resources (both coastwide and local) and educate youth and the public on a variety of issues, including coastal erosion, uonpoint source pollution reduction, species conservation, habitat and wetland restoration, and the importance of water conservation as it relates to freshwater inflow into the state's estuaries. No pre -award costs are included. Total Contractual Services: $1,500,000 Project Budget: Salayies: $0 fringe: $0 Travel: $0 Contractual: $1,500,000 IDC: $00 Total: $1,500,000 A fadmictit C Federal Assurances and Ccrtilications Page t of 5 OMB Approval No, 0340 -0042 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection'of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information, Send comments regarding the burden ustimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348 -0042), Washington, Or, 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGES'. SEND IT TOT HE ADDRESS PROVIDED BY THE SPONSORING AGENCY. f OTC : Certain of these assurances may not be applicable 'to your project or program, If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances, If such is the case, you will be notified, As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non- Fedoral share of project costs) to ensure proper planning, managomont and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3, Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property ayuirect in whole or in part with Federal assistance funds to assure: non- discrimination during the useful life of the project, 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans, and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with tho approved plans and specifications and will furnish progress reports and such other inforrnation as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental personnel Act of 1970 (42 U.S.C. § §4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit system of Personnel Administration (5 G.F.R. 900, Subpart F), 9. Will comply with the Load -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures, 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Kf., 118 -352) which prohibits discrimination on the basis of race, color or national origin; (b) ' titte IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 - 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (p9 U.S.6. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on tho basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P,L. 92-255), as amended, relating to nondiscrimination on Ihc: basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and fte.lialAitolion Act of 1970 (P,L. 91 -616), as amended, g1lating to nondiscrimination on the bases of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of atcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S,C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statutes) which may apply to the application. Standard Form 424D (Rov, 7 -97) Previous Edition Usable Authorized For Local Roproduction Preseibad by OMB Circular AA02 11 Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and ftcal Property Acquisition Policies Act of 1970. (F.1.91 -616) . which ptovide.fo.r...foir..and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12 Will comply with the provisions of the Batch Act (5 U.S.C. § §1501 - 1506 and 7324 - 7:328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. l3 Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. %276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S,C- §874), and the Contract Work hours and Safety Standards Act (40 U.S.C. %327 16. 333) regarding labor standards for federally- assisted construction subagreements. AttaCt3mCnt C Fcdcral Amuranccs and Certifications Page 2 of National Environmental Policy Act of 1969 (P -L. 91- 190) and Executive order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to LO 119.9{1; (d) evaluation of flood ha7ards in floodplains in accordance with EO 11984; (e) assurance of project consistency with the approved Stale management program developed under tho Coastal Lone Management Act of 1972 (16 U,S.C. § §1451 et seq,); (f) conformity of Federal actions to State (Clean Air) Implementation Ham,, under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C, § §7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93.523); sand, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P,I_. 93--205). Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271 et seq_) related to protecting components or potential components of the national wild and scenic rivers system. 14- Will comply with flood insurance purchase requirements of Section 102(a) of the f=lood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance (P.L. 93 -234) which requires recipients in a special flood with Section 106 of the National Historic, Preservation hazard area to participate in the program and to purchase Act of 1966, as amended ('16 U.S.C. §470), EO 11593 flood insurance if the total cost of insurabto construction (identification and protection of historic properties), and and acquisition is $10,000 or mare, the Archaeologica( and Historic Preservation Act of 1974 (16 U.S.G. § §469a -1 et seq.), 15. Will comply with environmental standards which may be prescribed pursuant to the folfowing: (a) institution of 18. Wilt cause to be performed the required financial and environmental quality control measures under the compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A -133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. THtS FORM MIDST BE )~X -,CUTF.D BY ANT OFFICIAL AUTHORIZED TO BIND CONTRACTOR SIGNATURE OF AUTHOR17_ED CERTIFYING OFFICIAL APPLICANT ORGANIZATION DATE SUBMITTED - - - - -- ...- -._.__ SF-424D (Rev. 7.97) Back FORM CD --W (R1'_V 12.04) CER I-IFICNI'ION REGARDING LOBBYING LOWER TIER COVE, RED TRANSAC'T'IONS Attachment C Federal Assurances and Certifications Page 3 of U.S. DEPARTMEN1 OF COMMERCC Applicants should review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying." LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 15 CFR Part 28, for persons entering into a grant, cooperative agreement or contract over $100,000 or a loan or loan guarantee over $150,000 as defined at 15 CFR Part 28, Sections 28.105 and 28.1% the applicant certifies that to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be. paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an atfiWr or employee .of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal. grant, the snaking of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to infuenco an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, tho undersigned shat[ complete and submit Standard Form-1-1-L, "Disclosure Fortin to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shail cerlify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was mado or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code: Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996, Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: In any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any ardency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United Slates to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LI_L, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, US. Code. Any person who fails to file the required state- ment shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure occurring after October 23, 1996, As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT PRINTED NAME AND TITLE OFAUTI-14RIZED REPRESENTATIVE SI NUMBER AND /OR PROJECT NAME DATE THIS FORM MUST BE EXECUTED Attachment C Fedet'al Assurances and Certificittiolrs Page 4 of 5 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -o046 (See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: 1 a. contract �a. bidlofferla ppl i cation a. initial filing b. grant b. initial award b. material change c• cooperative agreement c. post -award For Material Change Only: d. loan year _ ____ quarter e. loan guarantee date of last report f. loan insurance _ 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name D Prime D Subawardee and Address of Prime: Tier , if known: Congressional district, if known: 4e Con ressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name /Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, 101): fhforrnallon requesled through {his form is auihodxed by (Wo 31 U.S.C. section 11.1952. Signature: This disclosur0 of fubby;ng activilies Is a mstorial repfesernhrGon of 1`10 upon wLidt reliance was placad by Iho tier above when Uzis Iron8iOw was mado Print Name: or enlered inle. This disclosure is logvired pursuant to 31 U,S.C. 1352, This Title: iriforrnation Will be available for public inspeclim. tiny person who lails to We the required disclosure shall be subject loo civil penally of not less Shan $10.000 and Telephone No.; _ Date: not npofo lhae $106,000 for each such falhllo, Federal Il a Only u 1 f r �Local All or'zed fo standard Form THIS FORM SHOULD BE EXECUTED ONLY WHEN REPORTING LOBBYING ACTIVITIES UNDERTAKEN WITH GRANT FUNDS Attachment C Federal Assurances and Cortifica(ions Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Fodera[ recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous tiling, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreementto make paymonI to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or on1ployee of Congress, or an employoeaf a Member of Congress to conneclion with o covered Federal action. Complete all items Ihat apply for both the Initial filing and material change ie ort. Refer to the implementing guidance published b the O(lice of Management and Budget foe additional information. 9 p P g9 p Y 9' 9 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federat action 2. Identify the status of the covered Federal action. 3. Identify [fie appropriate classification of this report. If [his is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporling antily for This covered f=ederal action. 4. Enter the full name, addross, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropr(ateclassilication of the reporling antily Thal designates if ii is, or expects to he, a prime or subaward recipient. Identify (tie tier of the subawardee, o.g., the first subawardee of Ihu prime is the 1st tier. Subawards include but are not limited to subcontracts, subgranls and contract awards under [grants. 5. If the organization filing the report in item 4 checks "Subawardeo," then enter the full name, address, city, Stale and zip code of [he prime Federal recipient, Include Congressional District, if known. 6. Enter the name of [he Federal agency making the award or loan commitment. Include at least one organizalionalloval below agency naive, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action ('stem 1). If known, enter the full Calalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. S. Enter (tie most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (REP) number; Invitation for Bid (IFB) number; gran( announcement number; the contract, grant, or loan award number; the appticalionlpropusal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90 -001," 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awaMlloan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, Slate and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his /her name, title, and telephone number. According to the Paperwork Redur:lion Act, as amended, no persons are required to respond to a collection of information unless it displays a vafid OMB Control Number. Thu vatA OMB control number for this information collection is OMB No. 0340 -0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimalo or any other aspect of this collection of information, including suggestions for reducing this burdon, to the Office of Managemeniand €3udget, Paperwork Reduction Project (03413- 0046), Washington, DC 20503, Attachment D General Affirmations Page 1 of 2 GENERAL AFFIRMATIONS Provider agrees without exception to the following affinnations: 1. The Provider has not given, offered to give, nor intends to give; at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. 2. Pursuant to Title 10, Section 21.55.004 of the Texas Government. Code, the Provider has not received compensation from the GLO for preparing any part of this Contract. 3. finder Section 231.006, gamily Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated an(] payment may be withheld if this certification is inaccurate. Any Provider subject: to this section must include naines and Social Security :numbers of each person with at least twenty -five percent (25 %) ownership in the business entity named in this Contract. This information must be provided prior to execution of any offer. 4. Provider certifies that the individual or business entity named in this Contract: i) has not been subjected to suspension, debarment, or similar ineligibility to receive the specified contract as determined by any federal, state, or local governmental entity; i.i) is in compliance with the State of Texas statutes and rules relating to procurement; and iii) is not listed on the federal government's terrorism watch list as described in executive order 13224. Entities ineligible for federal procurement are listed at http:llwww.epis.gov. Provider acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. 5. Provider agrees that any payments due under this Contract will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas. 6. Provider certifies that they are in compliance with Texas Government Code, Title 6, Subtitle E, Section 669.003, relating to contracting with the executive head of a state agency. if this section applies, Provider will complete the following information in order for the bid to be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Provider: Date of Employment with Provider: Attachment U Geneva] Afrinnations Page 2 of 2 7. Provider agrees to comply with Texas Government Code, Title 10, Subtitle D, Section 2155.4441, relating to the purchase of products produced in the Stag of Texas under service contracts. 8. Provider understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Provider further agrees to cooperate fully with the State Auditor's Office, or its successor, in conducting the audit or investigation, including providing all records requested. Provider will ensure that this clause is included in any subcontract it awards. 9. Provider certifies that if it employs any former employee of the GLO, Stich employee will perform no work in connection with this Contract during the twelve (12) month period immediately following the employee's last (late of employment at the GLO. 10. The Provider shall not discriminate against any employee or applicant for employment because of race, disability, color, religion, sex, age, or national origin. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, color, sex, religion, age, disability, or national origin. Such action shall .include, but is not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to past notices, which set forth the provisions of this non - discrimination article, in conspicuous places available to employees or applicants for emnployment. The Provider shall include the above provisions in all subcontracts pertaining to the work.. 11. Provider understands that the GLO does not tolerate any type of fraud. The agency's policy is to p.ro.inote consistent, legal, and ethical organizational behavior by assigning; responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Providers are expected to report any possible fraudulent or dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or tracey.hall@glo.texas. ov N©'ta : Irrforrnation, doc€ulaentatiou, and other material in connection with this Contract may be subject to public disclosure pursutlrlt to the "Public Inforniation Act," Chapter 552 of the Texas Government Code. M MAINDER OF PAGE INTENTIONALLY LEFT BI ANK Date Project Title GLO Contract # Sub- grantee Project Manger. Email Address QUARTERLY PROGRESS REPORT Reporting Period Telephone # Attachment E Sample Additional Required Forms 1 of 8 Task 1: (Nance of task as identified in stab - grantee agreement) 1. Description of the status of the task (started, finished, percentage completed) 2. Description of task accomplishments during this reporting period 3. Identification of any problems or obstacles encountered (e.g., delays), remedial action taken, and a revised schedule, if appropriate. If the task is ahead of schedule, explain why. 4. Description of task activities that should occur during the next reporting period (Repeat for each task) Deliverable(s) submitted with this progress report: Attachment E Sample Additional Required Forms 2of8 INVOICE FOR CTAP FEDERAL EXPENDI'T'URES Invoice Date: FWeral II) No.: Invoice No.: Expenditure Period: GI,O Contract No.: F INAT, Invoice: Yes / No Project Title: Subrecipietat: Phonc: Email Address: Sttbinitted by: Signature: 1 J Printed Name: Date or GLO Use Onbj : GLO Contract -1t xpenditure Period: 111isition It : luisition It: 13€: Approved by Contract Specialist Approved by Project Manager : Invoice approved for reitnbursetnent: Grant Manager Entered in DB by: Date Final Doeuinentaion Recevied Invoice Axnt : ,$ Invoice Amt : $ Payment Sttbject to Y'rompt Pay Act: Yes / No Date: Date: Date: Date: Questions? Contact RebeccaDelgado 512,463.2572 or r•ebeeca.delgado(a),glo.texar.gov Revised 0912011 Amount CIAP Atnount I.xpendittires this Previously Amount Budget Category Budgeted It Invoiced Remaining Personnel $0.00 $0.00 $0.00 $0.00 Fringe $0.00 $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 $0.00 Subtotal $0.00 $0.00 $0.00 $0.00 Indirect Costs $0.00 $0.00 $0.00 $0.00 Totals $0.00 $0.00 $0.00 $0.00 or GLO Use Onbj : GLO Contract -1t xpenditure Period: 111isition It : luisition It: 13€: Approved by Contract Specialist Approved by Project Manager : Invoice approved for reitnbursetnent: Grant Manager Entered in DB by: Date Final Doeuinentaion Recevied Invoice Axnt : ,$ Invoice Amt : $ Payment Sttbject to Y'rompt Pay Act: Yes / No Date: Date: Date: Date: Questions? Contact RebeccaDelgado 512,463.2572 or r•ebeeca.delgado(a),glo.texar.gov Revised 0912011 Attachment F Sample Additional Required Forms 3of8 BUDGET AMENDMENT RE, QUEST GLO Contract #: Project 'Title: Subgrantee: Address: City, State Zip: Contact Name: Phone: 1?mail Address: Budget Category Salaries /wages Fringe Travel Supplies Equipment Contractual Construction Land Acquisition Other �Ytl�total�tl Indiroct Costs Total Current CI AP Budget $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Requested Changes $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ('tease justify your request below (include additional sheets, as necessary). Fov GLO Uce On v; RegU.08t approved by C;o►►tracts Spccialist: Date Attachment E Sample Additional Required Forms 4of8 EXPENSE R POM.. Date submitted: Reporting :Period (ic. min /yr -- nim /yr): Project: Subgrantee: GVLO Contract # : Reporting Period: September l tltrough Febroiary 28 Duty Mai•ch 7 or March 1. through August 31 Due September 7 In accordance with state law, it is the [general land Office's (G1 -.0) policy to assist historically Underutilized Bnsincsses (I- IUB,,), whether minority or women - owned, whenever possible in providing goods and services to the GLO. The GLO encourages you to adhere to this same policy when selecting subcontractors to assist your arfatrizatiolr in Fulfilling its contractual obligations with the (A,0, In. that regard, please provide us with the ©stinaated afnount of project rulids your organization paid to IJUI3 vendors during the above repoi-ting poriods. Submit this form clectronically to the GLO by March 7 and September 7 of each year. PROJECT' AMOUNT PAID: VPRNDOR NAME: I. am not sure if the following venctor is a HUl3: Vendor's rramne Amount paid: TVkE OF I-IU13 VENDOR, American Womon (WO) Hispanic Americans (Hl) Black Americans (131,) Asianl'trcihc Americans (AS) Native Americans (NA) Other No project funds were paid to a TIM vender• during the stated tinnc period. Please email this page to the Grant Administrator at the following e- -nail address: CIAPreceipts a rlo.state.tx.us. If yori Dave chtestions, please contact Ms. l)oblmy h'rench (512) 463 -5309. Attachment E Sample Additional Required Forms 5 of 8 Audit Repots ting Form Subgrantecs receiving (granted /awarded) federal finds, (hrough the Gencral Land Office (GL O), are subject to the requirerlletits of the Single Audit Act of 1996, Office of Mtu)agclnent and Budget (OMB) Circular No. A -133, ). Subgrantees expending (spending/reimbursed) federal funds totaling $500,000 or more in it fiscal year arc required to conduct an audit ill accordance with the Single Audit Act. ])leiase complete ('his queRtionnniro and send by facsimile to 512 - 475 -11680 atln: Coastal impact Assistance Program or mail to: Cletleral Land Office A(tn: Conslal lnapactAssistance Prof rani Coastal Resources Division P.O. Box 1.2973 Aostin, 'Texas 78711-2873 Section I: Itntity Intormatiop Flame of Entity (Subgrantee) Projeel Title and Gl.,O Contract Number (additional grants may be listed on a separate page) What is your entity's fiscal year? through Month t Year Motr(h / Year Sectioi) 2: Shigle Audit Requireinent: I "or your most recently completed fiscal year (hiseal Year 20—.), account for all federal funds (awards /grants) expended (spooUreimbursed) rel;ardless of the source. (Provide your mos(mcontly completed fiscal year above) Whiff Was the total; alnonlrt of federal f €latds (tlivnrdslgratits) expended (spent /rehribursed)? $ _] If less than $500,000 in fott]i federal fiends (awards/grants) were exlrcaxled: Your entity is exempt from fur(har audit requirements for the reporting period. Coinjk(c Sections 9 and 5 (Federal Awards Information and Signature Sections). [ if $500,000 or move in to al federal funds (awards /grants) were expended: Complete all remaining sections. Section 3: Audit Informatiott • Date of last coroltleted audit: Period Covered by Audit: _ _ through _ Date . Month / Year Month / Year • Audit Findings: [] No Findings (it is not necessary to submit a copy of your audit report package) F—I bindings (provide a copy of your audit reporting package if findings were ggtl lc j to funds issued Iliroug}1 the 61,0. If findings were iinrelat_ed to 07.1,0 issued funds submit the schedule of findings and questioned costs.) • Next scheduled audit: Monlb /Year Period covered by next scheduled audit: tirrougll _ Montle /Yeas' Mol) ti€ /Year Section 4: Federal Awards Information For Elie fiscal year provided, account for all federal funds (awardstgrari(s) received (grantedhtwarded) regardless of the source. For fiscal Year 20_: (fiscal year must snatch iiscat year provided in section 2) What was tike total nniount of federal funds (tiwar°dslgr.onts) received(graotedlarvar(led)? $ (I bl. (Ile fiscal year listed, ow the following; table to list [lie federal funds (awardslgrants) your an(ity received)* Name of federal award(s) granted Section 5: Siaiiattne Section Signature of Preparcr Printed Name of Preparcr and 'Title Period of Award I I Amount CFDA Number nonlhtur -. mnnihlvrl ])Fite 11rWarer's Contacthforination: Einail: Phone:( - - — ext Attachment E Sample Additional Required Forms 6 of a Instruction Slltect for the .Audit Reporting Form The purpose of file Audit Reporting (AR) forni is to assist the General. Land Office (CI..0) in complying with federal guidelines for pass through entities issuing federal funds. The Alt form also assists entities receiving federal finds, in meeting their audit' reporting requirernncnt. federal guidelines for pass through agoncies issuing federal awards and the subgrantee of those funds ace set forth in the Single Audit Act of 1.996, Office, of Managonrent and Budget (OMB) Circular No, A -133: Tho OM13's website, Lilt; i:I /tivty�v.driii� ov /gi"tinis, has infbrivalicin regarding requirct fonts of the Single Audit Act. Wwicw the following instructions for assistatnce in connplcting [lie Audit Reporting Forrm, Section 1: Entity Itrfofrtlsitimt. • Name: of I:titity - -.. The "Namc of 11,,ntity" should match the name on the grant contract, • 'no �eg�itle fund (.Fl.[.) (solitrtict Nun ,ibcr -- Provide the ".Project Title and CLC Contract Number" foryour enmity's grant. The project title must niatcln the title of the project found in "Attachment A" of the grant contract. A separate sheet listing additional project titles and contract rnunbers may be attached if necessary. Ia, ti,ly's Piso ear - - I'r'ovide the period covered by your entity's fiscal year. (i.e. Jan. `06 through Dcc, '06) Section 2: Single Andit Requircment, Following the text "for fiscal Year 20.__ ", insert your entity's fiscal year end for the reporting period (thc most recently complete fiscal year). for th.c fiscal year listed, provide the total annount of federal funds (awards /grants) expended (spenth•einnbursed). Account fi)r all federal funds expended, regardless ofthc source. Choose one of the following options: 1. Mark the first box, if your entity has cxpendcd less than $500,000 in total federal fiends, Your entity is exeriianti front further audit recluirenients for the reporting period, but must complete Sections 4 and 5. 2. Mark the second box, if your entity has expended $500,000 or more in total federal funds. Your culity is In rc t excnidit from farther audit requirements and must complete all remaining; sections ofthe fornn, Section 3: Audit Information, • j)ale of Lust (,,:oil .loted Audit -- Indicate the date of your entity's last completed audit. • Period Covercd by Audit — Provide the period covered by your• entity's last completed audit. This period should correspond to the audit hi(licatcd an the previous line.. • Audit findings - Choose one of the following options: I. Mark file box beRwo "No findings" if your entity's last completcd audit disclosed no findings, If there wc�•e ljo findings, it is not necessary to provide a copy of your audit reporting packagc, 2. Mark the box before "findings" if your entity's last completed audit disclosed findings. If there were findings y j to 01.0 issued fiends, subunit a copy of the audit reporting package, If the findings were pinrelatect to GLO issued funds, subunit a copy of the schedule of findings and questioned costs. • Next Audit Solieduled. for . Provide the month and year of your entity's next scheduted audit, • Period Covered by Next Audit -. Indicate the period to be covered by your entity's next scheduled audit. Section 4: Federal Awards Information. • following the text "for fiscal Year 20", insert yore• entity's fiscal year end for the current reporting period (should match the fiscal year provided ill Section 2). for the fiscal year listed, provide the total aniount of federal funds (awards/grants) your entity has received (granted /awarded). Account for all federal funds received, regardiess of the source, It is possibie for the amount of federal funds reccived /awarded to dig €tgree with the amount expended.) it, • federal Grants Table -- for the fiscal year• listed, use tine table to provide: f) tlnc grantslawards that comprise the total amount of federal funds your entity received; 2) the period of awards (i.e. May `06 —May 108); 3) amount of awards; and, 4) the Catalog of fcclefal Domestic Assistance (CFDA) numbers for each a €yard. If the CFDA number is unknown, you may coutact ilia issuing agency. If additional space is needed, attach a separate sheet listing the abovementioned federal grant inforination. Section 5: Signature Section. • Sig<nahu'e of Prrcptaaer - -Tho person who prepared the AR form must sign and date the form. • Printed Name of.Pret) ter — Printttie name and title of'the person who prepared the AR frown. • )?relllarcr's Contact Information -- Provide an email address and phone number for the preparcr. For additional assistance contact Melissa Porter, CIAP '['earn header, at 512- 475 -1319 or by email at lvielissa,por[crrglo to c }s „. CIAP Project Closeout Final Pro`cet Re ort (Project Name) (GLO Contract Number) Attachment E 5amplo Additional Required Forms 7 of 8 Provide a brief description of the project goal(s) (include location of the property if land acquisition), Iff Identify whether the original goal(s) of the project was met or, if not, why the goal(s) was modified. 0 Summarize all significant prcajcot in ilesto ties, including dates for each action. List work products completed and deliverable submittal dates (if applicable). a Identify any problems or obstacles encountered and remedial action taken (if any). Include digital photos and a €iy material tliat proiiiotes your project suecess (news articles, flyers, etc.). Identify any cduipment that was purchased using C.IAP funds. Provide iuodcl and serial numbers. Attach all outstanding deliverables. Page 1 of 2 Attachment E Sample Additional required Forms 8 of 8 CIAP Pi-Ocet Closeout rfotal Project Cost (ALL FUNDING SOURCES): �taal � e��aa is ate rutlrrcacci to canla�a� � ftn�l I��rdg�t la�ent�clatYc� far exult iruclget �.,�tc�t�iy Zist bu�i�ct rinttituts,tq� �[l�lLY (1�e C�A,i''Pu� tKC��€1.��'tiie lf) a�cct;f�aacdcci n�dca tF�ac aai�t� �ct`1 Federal Budget Funds being returned $ Funds are not being returned. The undersigned eertifies that this is the true and correct Ieinal Budget fol. CIAP Cantract Number - 1 I Signature Date Px•inted .Name Page 2 of 2 Original 'I•otal Expenses FINAL, CIAP Budget CIAP Budget Salaries (Personnel) $ __... $ $ _ -__ Fringe Benefits $ _ $ $ Travel $ $ Equipruezat $ _ $_ __.� --- $ Supplies$ ........ ... ....._.._..........,- ._..._. $. -_ - - -- contaactual so vices Construction $ Land Acquisition. Other sototal - Indirect Costs � -- - I oral Funds being returned $ Funds are not being returned. The undersigned eertifies that this is the true and correct Ieinal Budget fol. CIAP Cantract Number - 1 I Signature Date Px•inted .Name Page 2 of 2 0 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of May 28, 2013 1852 Second Reading Item for the City Council Meeting of June 11, 2013 DATE: May 10, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 2013 Parks & Recreation Summer Food Program CAPTION: Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund to operate a summer food service program for summer recreation participants ages one to eighteen. PURPOSE: To operate the 2013 Parks and Recreation Summer Food Program for participants ages one to eighteen. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. The Texas Department of Agriculture provides grant funds for the Summer Food Program. There is no required local match for this grant. ALTERNATIVES: Do not approve agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for a grant agreement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal; Accounting; Budget FINANCIAL IMPACT Operating /Revenue Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 1 250,000 1 1 250,000 BALANCE 1 1250,000 1 1250,00 0 Fund(s): Grant Fund 1067 Comments: none RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance, Notice of grant funding Page 1 of 3 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture, in the No. 1067 Parks and Recreation grant fund, to operate a summer food service program for summer recreation participants ages one to eighteen. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a $250,000 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen years. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Approved: May , 2013 Jody Leake Assistant City Attorney Page 2 of 3 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture, in the No. 1067 Parks and Recreation grant fund, to operate a summer food service program for summer recreation participants ages one to eighteen. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. A $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation grant fund is appropriated for the summer food service 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 Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Page 3of3 Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Nelda Martinez Mark Scott day of , Armando Chapa Mayor City Secretary Hena Lara From: TX -UNPS Help Desk [ squaremeals @TexasAgriculture.gov] Sent: Wednesday, May 08, 2013 4:59 PM To: Henry t.ara Subject: TX -UNPS Application Packet Notification NOTIFICATION EMAIL FOR SFSP APPLICATION PACKET Texas Unified Nutrition Programs System Texas Department of Agriculture Food and Nutrition Division Thank you for submitting your Application Packet for the Summer Food Service Program. Your application packet has been APPROVED. Contracting Entity Name: CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT CE ID: 01507 Program Year: 2012/2013 Program: Summer Food Service Program (SFSP) Application Packet Status: Approved Texas Unified Nutrition Programs System 12012 - 2013 Application Packet 2012 a 2013 Application Packet Page l of 1. 1507 Status: Active Packet Submitted Date: 05/08/2013 :ITY OF CORPUS CHRISTI PARKS AND Packet Approved Date: 05/08/2013 tECREATION DEPARTMENT packet Original Approval Date: 05/08/2013 SBA: Packet Status: Approved 201 Leopard St orpus Christi, TX 78469 ounty District Code: 178 DA Region: 5 Packet Assigned To April Berr Details V Food Production facility List (1) DCU105 Site Field Trip List Details V Checklist Summary (2) ..... ._ ... .. _.._......_. :Site Applications Approved pending Return for Denied Withdrawn/ Error Total Correction Closed Applicatie ISumrner Food Service 26 0 0 0 0 0 25 Program Show Packet History 17ttps: / /txunps l . texasagrieulture. gov/T XCINPS/ Sfsp/ AppPacket .aspx ?enc=acDVaelif*t9t jdY... 5/9/2013 Latest Action Farm Name Version Status View I Revise Contracting Fntity Application Original Approved IView I Revise Budget Detail Original Approved 'Details Management Plan Original Approved Details V Food Production facility List (1) DCU105 Site Field Trip List Details V Checklist Summary (2) ..... ._ ... .. _.._......_. :Site Applications Approved pending Return for Denied Withdrawn/ Error Total Correction Closed Applicatie ISumrner Food Service 26 0 0 0 0 0 25 Program Show Packet History 17ttps: / /txunps l . texasagrieulture. gov/T XCINPS/ Sfsp/ AppPacket .aspx ?enc=acDVaelif*t9t jdY... 5/9/2013 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 28, 2013 1852 Second Reading for the City Council Meeting of June 11, 2013 DATE: May 13, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3461 Amendment to the Lease of International Westside Baseball to add additional baseball fields at Greenwood /Horne Youth Sports Complex CAPTION: Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. PURPOSE: Amend the International Westside Baseball lease to add the Westside Pony Baseball fields. BACKGROUND AND FINDINGS: The City Council approval is required to amend leases for City property. Attached is background information on this item. ALTERNATIVES: Do not approve the Amendment OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council action is required to approve the lease amendment. 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: none RECOMMENDATION: Recommend Approval LIST OF SUPPORTING DOCUMENTS: Ordinance, Agreement Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or City Manager's designee is authorized to execute an amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex for its baseball program. 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 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 1 , 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 a � Amendment No. 1 to the Lease Agreement between the City of Corpus Christi and International Westside Baseball Whereas, on March 27, 2012, a lease agreement was authorized with International Westside Baseball, "Lessee ", regarding use of property at Greenwood /Horne Youth Sports Complex, "Lease Agreement "; Whereas, the parties desire to amend the Lease Agreement to revise the leased premises to add three additional fields and other facilities, and provide for joint use of the facilities; Now, therefore, the parties agree to amend the Lease Agreement as follows: 1, Except for City exclusive use provisions as listed in Section 2, the City leases to Lessee the premises depicted as "Westside Pony Baseball League" on the Exhibit attached to this Amendment No. 1, including the three baseball fields, lighting, irrigation facilities, concession stand and restroom facilities located on the premises, but excluding the City storage shed located on the premises, ( "Premises "). 2. Use of the Premises. A. City retains exclusive use of all three baseball fields on the Premises which are shown on the attached Exhibit for previously scheduled tournaments on the following dates, starting at Friday 8:00 A.M. through Monday 8:00 A.M.: May 17 -20, 2013 June 14 -17, 2013 July 12 -15, 2013 August 9 -12, 2013 September 13 -16, 2013 October 11 -14, 2013 November 8 -11, 2013 December 13 -16, 2013 B. The "Pony A" and "Colt B" fields shown on attached Exhibit are referred to in this Amendment No. 2 as the "High School Baseball Fields".. City has exclusive use of the two High School Baseball Fields during the second full weekend of every month, beginning Friday 8:00 A.M. through Monday 8:00 A.M. By the term "second full weekend ", the parties are referring to the weekend which begins on the second Friday of the month. C. City has exclusive use of the two High School Baseball Fields the entire months of June and July of each year for a City summer high school baseball program. City shall exclusively handle rental of the two High School Baseball Fields during the months of June and July. City Director of Parks and Recreation may provide written notice to Lessee President should City exclusive use not be required during a particular summer season. 2 D. The City retains exclusive use of the City storage shed located on the Premises for storage of City equipment. Lessee may purchase and locate an equipment storage shed on the Premises for Lessee's exclusive use. Lessee retains exclusive use of the concession stand. Lessee shall make the lighting and restroom facilities available to City during periods of City use, during City scheduled tournaments and other City rentals. 3. Maintenance and Utilities. A. At all times, Lessee must repair, maintain .and keep the Premises in good condition in accordance with the terms of the Lease Agreement, except the City will maintain the two High School Baseball Fields during months of June and July if City uses them for a City summer high school baseball league program. B. Lessee must replace red infield dirt and red clay bricks on all three baseball fields two times a year, including immediately prior to the start of any Lessee baseball season. The type of dirt to be used is Diamond Pro Bulk infield conditioner. The red clay bricks are used on the pitching mounds and batter's boxes. However, if the City uses the High School Baseball Fields for a City summer high school baseball program, then in June prior to start of City's summer baseball program, City shall replace red infield dirt and red clay bricks on High School Baseball Fields and the Lessee shall be relieved of this responsibility for the summer season, If City does not utilize High School Baseball Fields for a summer program, then Lessee retains responsibility to replace red infield dirt and red clay bricks at least twice a year on all baseball fields located on the Premises. C. Lessee will be responsible for obtaining and for the prompt payment of all utilities on the Premises consistent with the terms of the original Lease Agreement. However, the City will reimburse Lessee for the electricity costs per hour of City exclusive use of the Premises, based on average hourly kilowatt charge reflected on Lessee's electric bill. In addition, consistent with the terms of the original Lease Agreement, City shall not charge Lessee for water to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. However, Lessee must obtain a separate irrigation meter at its sale expense. D. Lessee is responsible to promptly repair any damages to the Premises except for any damage which is caused by City's sole use of the Premises. E. Prior to any use of the Premises, a joint walk - through of the Premises will occur between the International Westside Baseball League President, City Parks Athletic Division representative, and City Parks Operation Superintendent to identify starting condition of the Premises. 4. Except as modified herein, all terms and conditions of the Lease Agreement apply to the Lessee's use and operation of the Premises, including but not limited to indemnity and 3 insurance provisions. Lessee must add the Premises to its insurance coverage required by the original Lease Agreement prior to Lessee's use of the Premises, and provide the City Director of Parks and Recreation with an updated Certificate of Insurance upon effective date of this Amendment No. 1. 5. This Amendment'takes effect upon date of last signature and continues through term of the original Lease Agreement. Agreed to by: City of Corpus Christi By: Ronald L. Olson City Manager Date: International Westside Baseball By:.p.4� Name: President Date:'. t� �a �7 s f l C� r 111� I'LE i Of I f 1.I1�t.I": rr«c v s IT our a �s.ea mow,. a pr Rum (N ,. ,, �,. ... .- ., - '. ._ ', �.,.,,a -}. _-.n;- ..... _. �.�,v - _� s,.ve�.•x "e„=Ft.,,.:�.a�ran.4yr aa�o... . r. �. asmcow,, .�- .uw.v.�,e�:u�.�a.��...,..,"i aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 13, 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 Construction Contract Billings Bait Stand and Clems Marina Parking Lot Construction (Re -Bid) CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 by adding $100,000 in appropriated street assessments; adding $132,863.80 in Street Tax Notes; transferring $284,597.80 from Water CIP Project No. 180198 Programmed Waterline Lifecycle Replacement Project to the Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two Project; increasing expenditures in the amount of $232,863.80; and authorizing the City Manager or designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only. PURPOSE: The purpose of this Agenda Item is to execute the Construction Contract with Garrett Construction for Billings Bait Stand and Clems Marina Parking Lot Construction. BACKGROUND AND FINDINGS: The Texas General Land Office owns land formally leased to two bait stands on the north side of the John F. Kennedy Memorial Causeway Bridge. Their adjoining boat ramps fall under the jurisdiction of the Texas Parks and Wildlife Department (TPWD) and have recently received extensive renovations under Phase One of this project. Phase Two work will now include a new parking lot, site amenities and access improvements which were designed under Phase One. The scope of this project consists of grading, subgrade preparation, paving an area of approximately 1500 Square Yards (SY). Other site work includes utility improvements, fire protection, signage and ADA Improvements. K: \ENGINEERING \LEGISTAR \3 -MAY 28 \13ILLINGS AND CLEM \AGENDA MEMO -BILLINGS AND CLEMS PARKING LOT CONSTRUCTION.DOCX On March 6, 2013 the City received proposals from five (5) bidders and their bids are as follows: Contractor Base Bid Add Alt #1 Add Alt #2 Add Alt #2 2012 -2013 Pavement Areas Pavement Areas 1 Pavement Pavement 1& 2 thru 3 Areas 1 thru 4 Areas 1 thru 5 Garrett Construction $972,177.05 $1,217,617.30 $1,427,931.55 $1,578,767.25 Ingleside, TX $233,364.00 Barcom Corpus Christi, TX $1,185,958.28 $1,452,237.42 $1,640,818.22 $1,802,423.23 Salinas Construction Tech $1,191,279.05 $1,446,324.89 $1,668,583.92 $1,823,406.40 Pleasanton, TX Safenet Services, LLC. $1,246,149.56 $1,492,232.22 $1,719,266.43 $1,893,645.90 Corpus Christi, TX $0.00 $5,546.04 $5,546.04 Bay Ltd. Corpus Christi, TX $1,359,040.66 $1,700,629.42 $1,961,980.88 $2,139,507.98 ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid Only with Garrett Construction as proposed. 2. Do not execute the Construction Contract for the Base Bid Only with Garrett Construction as proposed. OTHER CONSIDERATIONS: The City of Corpus Christi and the Texas General Land Office entered into a lease agreement on October 18, 2011, Resolution 029251. The City requested that the State of Texas permit repairs to the bulkhead, boat ramps and parking facilities with lighting, located within State right -of -way of Park Road 22 on the JFK Causeway. Repairs to the bulkhead and boat ramp were completed in Fall 2011. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2012 -2013 Capital Budget. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation 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 $233,364.00 $1,194,664.80 $1,428,028.80 Encumbered /Expended $233,364.00 Amount $233,364.00 This item $972,177.05 $972,177.05 Future Anticipated Expenditures This Project $216,941.71 $216,941.71 BALANCE $0.00 $5,546.04 $5,546.04 Fund(s): Texas Parks and Wildlife Grant, Water CIP, Streets CIP K: \ENGINEERING \LEGISTAR \3 -MAY 28 \13ILLINGS AND CLEM \AGENDA MEMO -BILLINGS AND CLEMS PARKING LOT CONSTRUCTION.DOCX Comments: The Construction Contract will result in the expenditure of an amount not to exceed $972,177.05. The waterline work will be funded through FY13 Water Cl P, Seq. 09. This project has been funded in part by a grant from the Texas Parks and Wildlife Department — Boating Access Grant, as well as through donations from other agencies including the Saltwater- fisheries Enhancement Association (SEA). RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid Only with Garrett Construction. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K: \ENGINEERING \LEGISTAR \3 -MAY 28 \13ILLINGS AND CLEM \AGENDA MEMO -BILLINGS AND CLEMS PARKING LOT CONSTRUCTION.DOCX PROJECT BUDGET ESTIMATE Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation (Project No. 5243) ,CZ6aJx0i111iI91:V W1Iwil:1I=F Current Balance Texas Parks and Wildlife Grant $674,710.00 Water CIP $284,597.80 Street Tax Notes $132,863.80 Street Assessments $100,000.00 Saltwater- Fisheries Enhancement Association (SEA) $25,000.00 Prior Year CIP $208,364.00 Total Funds Available $1,425,535.60 FUNDS REQUIRED: Construction (Garrett Construction) ........................................... ............................... 972,177.05 Contingency ( 10%) ................................................................ ............................... 97,217.71 Enaineerina & Desian Fees Engineer (URS Corporation)* ................................................... ............................... 216,692.00 Geotechnical Study and Testing (Professional Services Industries) . ............................... 16,672.00 Construction Materials Testing ( Estimate) ................................... ............................... 19,443.54 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 24,304.43 Engineering Services (Construction Management) ....................... ............................... 34,026.20 Engineering Services (Project Management /Traffic Management) ... ............................... 24,304.43 Finance............................................................................... ............................... 12,152.21 Misc. (Printing, Advertising, etc.) .............................................. ............................... 3,000.00 TOTAL................................................................................ ............................... $1,419,989.56 $5,546.04 * URS Corporation Amendment No. 1 approved by City Council Nov 17, 2009, M2009 -329 This included the design of the Phase 1 Boat Ramps and Phase 2 Parking Lot / Water Imps. File : \ Mproject \councilexhibits \exh5243c.dwg `o N _ 0 PgOR / N 0so", F NAS HO``Y s�No oR ,�`Y J5 \aka N hh OS o 0o ti `� �� PROJECT 2�0o O O� rvpgT /0j0 QQ? ya LO CATION YpRkrO� Gp 5 0 o� Osa Creek �P =� �J O WHITECAP N o- LOCATION MAP NOT TO SCALE N CLEM'S MARINA BOAT RAMP ✓Fk Cq�s F�-q BILLING'S BAIT STAND BOAT RAMP Ry PROPOSED MPROVEM NTS accFSSRO C yqN IV" fr RpgO22 VICINITY MAP PROJECT # 5243 NOT TO SCALE BILLING'S AND CLEM'S MARINA CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES BOA T RAMP REHABILI TA TION PAGE: 1 of 1 _ _ Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 by adding $100,000 in appropriated street assessments; adding $132,863.80 in Street Tax Notes; transferring $284,597.80 from Water CIP Project No. 180198 Programmed Waterline Lifecycle Replacement Project to the Billings Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two Project; increasing expenditures in the amount of $232,863.80; and authorizing the City Manager or designee to execute a construction contract with Garrett Construction of Ingleside, Texas in the amount of $972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to add $100,000 in appropriated street assessments and $132,863.80 in tax notes to the Billings Bait Stand and Clems Marina Park Lot project SECTION 2. Budgeted funds in the amount of $284,597.80 are transferred from the Programmed Water Line Service Life Extension Project to the Billings Bait Stand and Clems Marina Park Lot project. SECTION 3. The City Manager or designee is authorized to execute a construction contract to for the Billings Bait Stand and Clems Marina Parking Lot Construction for the Base Bid only in the amount of $972,177.05 with Garrett Construction of Ingleside, Texas ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Priscilla Leal David Loeb Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , Nelda Martinez Mayor ".`. IMM i O C1) � O � N u N O U � rl O V V 4� �O P� N Q) V .i--� V 4) •O P� cn O sue., 0 U cn o � •o U •�'� -+ ate-+ •� O O � � U aU-+ •U � 4-j U U l o 4 � y Ul co 4--` h)�` Q tin M� F-�-I V P1 P fIr CE Kii O 00 IT O 0 I ..0 00 N (14 E O (D T- 0 0 0 O 0 M � 0) f- IT 00 0) I N f- O 00 O O m o N (D (D I 0) �Ili N O L6 00 L N (fl 0 (n 0) L P- 00 ('f) O (14 O (14 0) T- T- T- 0) � 69k N Co (D N T-- T-- 09} N IT 0) 69k 69k 69k 69k t 69k 69k 69k 69k 69k T - 69k 69k a. 69k 6 .0 > r Co Z V Q E .: c� co �. cc v7 � s o as C�- a o ca ,� `D U O N N N �' OL Z d W 0 O a W J m N', N 3 0 �' 0 G1 G1 t N Q Ui Q M W O U lL (� Q N +� to N Q W N .. Q L �, 'L V L •L IL C N O O U N ) 0 i+ V% Co N O � W �, (�' 0 Z N N a,Q U, W 0' 0 0 0 N 0 Q 0' H c� x N N L- v7 L L C a= N oi O N J W m U Q o' N � o o 3 J U M O a) a) w o U- p Z c c c (D o c W 0 L c� L o c c o CL 0 nn'c)CL a0U wwC a Kii 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 28, 2013 852 Second Reading for the City Council Meeting of June 11, 2013 DATE: May 1, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services MarkVV@cctexas.com (361) 826 -3246 Approval of a Developer Participation Agreement with Developer and Reimbursement of $86,559.82 for the City's cost of Sydney Street CAPTION: Ordinance authorizing the City Manager to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the cost to expand and extend Sydney Street. PURPOSE: Alty Enterprises, Inc., will extend Sydney Street abutting the proposed extension of Greystone Park. BACKGROUND AND FINDINGS: The developer, Alty Enterprises, Inc., is developing the fourth phase of a multi - phased single - family residential subdivision named Greystone Subdivision. The subdivision is located south of Slough Road and east of Rodd Field Road. Greystone Subdivision Unit 4 will contain 63 single - family residential lots and 1 park lot. The Planning Commission approved the Greystone Subdivision Unit 4 plat on January 16, 2013. The street abutting the parkland must be designed to residential collector standards. The residential collector is larger than the local residential street. Since the City is requiring the developer to construct a larger street, the City is participating in half street construction for Sydney Drive which abuts the parkland. The participation agreement includes the street, curb, gutter and 4 -foot wide sidewalk. Since the park is the continuation of the linear park along Master Channel 31, a hike and bike trail is constructed within the park. The hike and bike trail is a concrete walk with a width ranging from 10 feet to 12 feet. ALTERNATIVES: Denial of the Participation Agreement. Denial of the ordinance appropriating $86,559.82 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending Sydney Street abutting proposed Greystone Park as provided in the Unified Development Code. EMERGENCY /NON- EMERGENCY: Non - emergency DEPARTMENTALCLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Bond 2012 Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $750,000.00 Encumbered / Expended Amount This item $86,559.82 BALANCE $663,440.18 Fund(s): Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. Staff recommends approval of appropriation ordinance. LIST OF SUPPORTING DOCUMENTS: Participation agreement Ordinance PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or his designee, and Ally Enterprises, Inc. ("Owner"), a Texas corporation, acting by and through its president. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 15.854 acres out of Lot 4, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Greystone Subdivision Unit 4 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Sydney Street from its existing terminus for a distance of approximately 576 feet to connect with the existing roadway on Rancho Las Brisas Unit 2 as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $86,559.82. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws. G. Owner shall submit standard construction contract documents to the City's Director of Engineering Services for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non - approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of one year from and after the date of acceptance of the improve- ments by the City's Director of Engineering Services. 1s � i� • L Y 1 ` i 1 ,� I 10 F1,11 Zfn BYTI Ji me, ! • x ' ! Alty Enterprises Greystone Unit 4 Participation Agmt vFinal Page 2 of 6 • - . • 1 1 • • • ! i a •� ate, •� +� a r i a■ •■■ i i a • i a K. DEFAULT. The fallowing events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the City's Director of Engineering Services in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. • a t • 1. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ( "Cure Period ") to cure the default. Alty Enterprises Greystone Unit 4 Participation Agmt vFinal Page 3 of 6 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability, 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Alty Enterprises Greystone Unit 4 Participation Agmt vFinal Page 4 of 6 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P. O. Box 0277178469 -9277 Corpus Christi, Texas with a copy to: If to the Owner: Alty Enterprises, Inc. Attn: Louis Alty, President 3801 Cassowary Court Corpus Christi, Texas 78414 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178460 -0277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 4. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be June 10, 2015. (EXECUTION PAGE FOLLOWS) Alty Enterprises Greystone Unit 4 Participation Agmt Winal Page 5 of 6 EXECUTED in triplicate originals this ATTEST: Armando Chapa City Secretary Approved as to legal form: Elizabeth Hundley Assistant City Attorney STATE OF TEXAS day of '2013. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Date C Notary Public's Signature CATHERINE GARZA NOTARY PUBLIC State of Texas Comm. Ew 12-W2015 Alty Enterprises Groystone Unit 4 Participation Agmt vFinal Page 6 of 6 P-S OtPUPI -AK N O t h � m 9 Po� A q o �41 ip �. V (owt �Z'P p s$Att$ N f 6 �UZI J a r$ � 9 W pw Al-00) P--M 4&POs �$I%� uwaa3+aA i f..., Prowling E$ Ir = ,, r oa S > Q ssg a � � Qp BN g4 O IYh� NU x$Zmv r Tt3 �U. € IU{i Op �'J � � w *lU 4'�U h�4.c °i r- 2i.. Q 4 E 9 Al ij Ri y a U s c u o f � 0 3 a a� L SyI g {Qj ? d 6 —o 4L yam.+ T% a Y P P w m = 9 rC "^I w m P as AA p9 .4 2 98, 9 a... x Q t 4 F N a N (al 3 ql w3 4 uj ep 1T QI P. V V'9 Loq g 'A`mL o �• E ® J G Q ... w..� 43 CZE $48 U.. 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Preliminary Cost Estimate April 9, 2013 Client: Louis Alty for Job No. 39779.82.01 By: C.R.R. GREYSTONE FINAL UNIT 4 16.86 ACRES - 67 LOTS ITEM DESCRIPTION QUAN. + UNIT UNIT TOTAL 5% PRICE COST A. PAVING IMPROVEMENTS: Clearing and Grubbing N 17.35 AC $425.00 $7,373.75 2 Excavation and Embankment v 14,311 CY $6.12 $87,583.32 2" HMAC Including Prime Coat 2,419 SY $14.75 $35,680.25 4 1 112" HMAC Including Prime Coat 7,572 SY $13.00 $98,436.00 5 6" Ty A, Gr 1 Crushed Limestone Base 9,991 SY $12.00 $119,892.00 6 8" Lime Stabilized Subgrade 12,900 SY $6.00 $77,400.00 7 6' "'L' Curb 6,492- $13,00 $84,396.00 8 4' Concrete Sidewalk 24,2341 SF $4.25 $102,994.50 9 10' Concrete Hike and Bike Path 6,088 SF $4.50 $27,396.00 10 5' Concrete Valley Gutter 256 SF $6.00 $1,536.00 11 Street Sign 5 EA $565.00 $2,825.00 12 Replace Existing Pavement 65 SY $35.00 $2,275.00 PAVING SUB-TOTAL: $647,787.82 B. STORM SEWER IMPROVEMENTS: _1 36" RCP 400 LF 7". 6 $30,000.00 2 30" RCP 292 LF $56.00 $16,352.00 3 24" RCP 15 LF $42.00 $630.00 18" RCP 1,045 LF $34.6-0- $35,530.00- 5 15" RCP 233 LF $32.50 $7,572.50 6 OSHA Trench Protection 1,985 LF $1.00 $1,985.00 7 5' Slot Inlet 13 $2,750.00 $35,750.00 8 Type'B'Manhole 6 EA $3,785.00 $22,710.00 9 80'xl 8" RCP w13:1 S.E.T. Entrance Culvert 21 _EA $1,975.00 $3,950.00 10 6ctfa-ll Structure 1 EA $5,6-2-5—.00 __I5 „_025_.00 11 Post Inlet 1 EA $2,900.00 $2,900.00 STORM SEWER SUB-TOTAL: $162,404.50 t C. WATER IMPROVEMENTS:— 1 81, PVC C-900 1,748 LF $27.00 $47,196.00 2 6” PVC C-966 -------- --- 1,554 LF $�20.50_ 3 y Poly46 leneSDR9Pipe 229 IF— $14.50 __$3,32-0ii50— --"" 4 8" Gate Valve and Box 3 EA $1,220.00 $3,660.00 5 6" Gate Valve and Box 3 EA $890.00 $2,670.00 6 2" Corporation Stop 2 EA $266.00 $532,00 8" x 6" DI Tee 3 $415.00- 8 6" DI Tee 1 EA $375.00 6" x 90 Degree DI Bend 1 EA $310.010 $310.00 10 8" x 90 Degree DI Bend I EA $465.00 $465.00 11 6" Cap w12" Tap $375.00 12 FH Assembly, Complete in Place 5 EA $2_,87_5_,00 �14,375.66 13 Tie to Existing Water Line 5 EA $2,685.00 $13,425.00 14 12" Tapping Saddle w18" Tapping Gate Valve EA t3_,iY5.00 $3,175.00 [ _ 15 !,Pavement Repair i LS $2,350.$2,350.00 _$2__,356:00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 1 of 2 Exhibit 3 Page 1 of3 Eng: Murf Hudson, P.E. Preliminary Cost Estimate April 9, 2013 Client: Louis Alty for Job No. 39779.132.01 By: C.R.R. GREYSTONE FINAL UNIT 4 16.86 ACRES - 67 LOTS ITEM DESCRIPTION QUAN. + 5% UNIT UNIT PRICE TOTAL COST 16 Long Double Service 17 EA $785.00 $13,345.00 17 Long Single Service 6 EA $750.00 $4,500.00 18 Double Service 600 EA $575.00 $5,175,00 -Short 19 Short Single Service 4 EA _W9_5.00 $2,380.00 20 Waterline —Deflection w/Bends 4 EA $1,975.00 $7,900.00 2,475 LF $1.00 WATER SUB-TOTAL: $158,630.50 D. SANITARY SEWER IMPROVEMENTS: 1 12" PVC SDR 26 (8' -10' Cut) 1 12" PVC SDR 26 (6' -8' Cut) 2 10" PVC SDR 26 (6' -8' Cut) 3 10" PVC SDR 26 (4' -6' Cut) 4 8" PVC SDR 26 (8' -10' Cut) 5 8" PVC SDR 26 (6' -8' cut) 6 8" PVC SDR 7 �_VVdSDR 26 (0'-4' Cut) __8 --Embedment 9 OSHA Trench Protection 10 4' Diameter Manhole (8' -10' Deep) 11 4' Diameter Manhole (6' -8' Deep) 12 ,4' Manhole {4' -6' Deep) 13 "Tie to Existing Sanitary Sewer Line 14 Long Service 15 IShort Service E. MISCELLANEOUS IMPROVEMENTS: 1 �i Sta�ed Construction Entrance Silt Fence 3 !Electrical Conduit (Street Crossings) General on i ions, Bonds and Insurance 98 LF $5200 $5,096.00 379 LF $46.00 $17,434.00 570 LF ---- -------- $12.00 $24,510.00 480 LF $38.00 $18,240.00 43 LF $40.00 $1,720.00 600 LF $33.00 $19,800.00 611 LF $31.00 $18,941.00 49 LF $29.00 i $1,421.00 2,830 LF $7.00 $19,6-1-6-.0-0 2,475 LF $1.00 1 EA $4,75-0.00 $4,750.00 4 EA $4,500.00 $18,000.00 3 EA $4,250.00 $12,750.00 3 EA $550-00 $1,650.00 25 EA . ...... ... $640.00 $16,000.00 37 EA $525.00 $19,425.00 SANITARY SEWER SUB-TOTAL: $202,022.001 1 LS $2,100.00 $2,100,00 630 LF $2.25 $1,417,50 263 LF ---- -------- $12.00 $3,156.00 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit 3 WOW10 Eng: Murf Hudson, P.E. STREET PARTICIPATION ESTIMATE April 9, 2013 Client: Louis Alty for Job No. 39779,82.01 By: C.R.R. GREYSTONE UNIT 4 Exhibit 3 Page 3 of 3 DISCLOSURE OF INTERESTS City of Carpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Msti, Tww 78469 -9277 (361) 826.3240 Lasted at 2406 Leopard Street (Comer of Leopard St. and Pert Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the fallowing information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: ri r STREET: 1i� CITY: _ ZIP: �r _ FIRM Is: Corporation 0 Partnership ® Sole Owner Q Association [] Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interestr" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (If known) - % YvIa 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 z V 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 "finn ". Name Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm ". Name Consultant CERTIFICATE 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: c2uk Title: ' V (Print) K:IDEVEL0Ph WUVCPS €tA =)L AND DEVE O MENtWRDENANCE ADMIMTRAVOMAPPt tCAMN FGRMSTORMS AS PER tXGA1.\W=19CL0Sl OV t4n RESTS STATE41ENT1.27.12 DOC 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. "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. c. "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 nonprofit organizations. d. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. YCNDE'VEWPNM TPSVCWIfAItLD1 EM DDEVEiD PMENWRDINMCE, AD& UNiS7RATiONVJIIUCA* nONFORTASTORMSA3PFIt .LMALi2012USCLOSUMOFINTEMIS STAIEMEW127.t2" Ordinance authorizing the City Manager to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the cost to expand and extend Sydney Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement with Alty Enterprises, Inc. ( "Developer "), to reimburse the Developer up to $86,559.82 for the City's share of the actual cost to expand and extend Sydney Street, which street abuts the proposed extension of Greystone Park, in connection with the development of Greystone Subdivision Unit 4, Corpus Christi, Nueces County, Texas. 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 The foregoing ordinance was read for the second time and passed finally 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 PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 2013. CITY OF CORPUS CHRISTI Nelda Martinez Mayor S w a� o v AGENDA MEMORANDUM „owo a „o First Reading Ordinance for the City Council Meeting of 5/28/13 xs52 Second Reading Ordinance for the City Council Meeting of 6/11/13 DATE: May 15, 2013 TO: Ronald L. Olson, City Manager FROM: Laura Z. Garcia, Interim Library Director lauraga(bcctexas.com 826 -7070 Appropriation of reimbursement funds from the Texas State Library and Archives Commission for the Corpus Christi Public Libraries. CAPTION: Ordinance authorizing the City Manager to appropriate $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. PURPOSE: To be used for library technology services. BACKGROUND AND FINDINGS: A reimbursement in the amount of $11,012.75 was received from the Texas State Library and Archives Commission for our participation in Project Loan, which is the interlibrary loan program. Participating libraries were entitled to a reimbursement after completing 25 net lends, Corpus Christi Public Libraries completed 1,225 net lends. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTALCLEARANCES: None FINANCIAL IMPACT: o Operating X Revenue o 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 11,012.75 11,012.75 BALANCE 11,012.75 11,012.75 Comments: None. RECOMMENDATION: Staff recommends appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance Appropriating $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. That $11,012.75 reimbursement received from the Texas State Library and Archives Commission for participation in Project Loan is appropriated into the General Fund No. 1020, Central Library Organization No. 12800 to be used for library technology services. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , Nelda Martinez Mayor Ordinance Appropriating $2,741.44 from royalties from oil gas and mineral interests bequeathed to the City from the Estate of William T Neyland into the Library Grants fund No 1068, Project No. 807713L for library technology services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS SECTION 1. That $2,741.44 from royalties from oil gas and mineral interests bequeathed to the City from the Estate of William T Neyland is appropriated into the Library Grants fund No 1068, Project No. 807713L for library technology services. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , Nelda Martinez Mayor US C AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of5/28/13 1852 L~^ Second Reading Ordinance for the City Council Meeting 0f0/11/13 DATE: May 15.2013 TO: Ronald L Olson, City Manager FROM: Laura Z. G8njd.lDtehrn Library Director CAPTION: Appropriation of royalties from oil gas and mineral interests from the Estate of William T. Neyland for the Corpus Christi Public Libraries Ordinance authorizing the City Manager tn appropriate $2.741.44hn/nroyabie8hornoi|gG8Gnd nninen]| interests bequeathed to the City from the Estate of William T. Ney|and into the Library Grants fund NO. 1068. Project No. 807713L for library technology services. TVbe used for library technology services. FINDINGS: BACKGROUND AND Mineral interests earnings, paid regularly, were bequeathed to the Corpus Christi Public Libraries. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms ho policy regarding appropriations. EMERGENCY / NON-EMERGENCY: Non-Emergency CLEARANCES: DEPARTMENTAL None FINANCIAL :None o Operating X Revenue o Capital o Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,741.44 $2,741.44 BALANCE $2,741.44 $2,741.44 Fund(s)-. Comments: None. DOCUMENTS: Staff recommends appropriation of funds. LIST OF SUPPORTING Ordinance Repealing Sec 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code, providing an effective date; and providing for publication. Whereas, the South Texas Library System has been dissolved, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Section 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code is hereby repealed. Section 2 -78 reads as follows: The library board shall nominate a library board member as the lay representative to the South Texas Library System. The nominee shall be confirmed by a majority of city council members. The lay representative will serve for a term consistent with the South Texas Library System bylaws. In the event that the city's lay representative cannot attend a meeting, the library board chairman may designate any other library board member as an emergency alternate representative to South Texas Library System. SECTION 3. The effective date of this ordinance is the date of final City Council approval. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of 7 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , Nelda Martinez Mayor QS C� I/ O 0 � H U AGENDA MEMORANDUM /HCNfNaEO First Reading Ordinance for the City Council Meeting of 5/28/13 1852 Second Reading Ordinance for the City Council Meeting of 6/11/13 DATE: May 15, 2013 TO: Ronald L. Olson, City Manager FROM: Laura Z. Garcia; t iterim Library Director lauraga(a-)cctexas.com 826 -7070 Repealing Section 2 -78 city's lay representative to the South Texas Library System CAPTION: Ordinance repealing Sec 2 -78 "Lay representative of city" of Article IV of Chapter 2 of the Corpus Christi Code, providing an effective date; and providing for publication. PURPOSE: The South Texas Library System was dissolved on December 31, 2011, BACKGROUND AND FINDINGS: Section 2 -78 reads as follows: The library board shall nominate a library board member as the lay representative to the South Texas Library System. The nominee shall be confirmed by a majority of city council members. The lay representative will serve for a term consistent with the South Texas Library System bylaws. In the event that the city's lay representative cannot attend a meeting, the library board chairman may designate any other library board member as an emergency alternate representative to South Texas Library System. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Changes to City code require City Council approval. EMERGENCY /NON- EMERGENCY: CLEARANCES: DEPARTMENTAL None FINANCIAL IMPACT: None Ei Operating o Revenue o Capital X Not applicable Fund(s): DOCUMENTS: Comments: None. Staff recommends approval. LIST OF SUPPORTING Ordinance Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP anly) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount This item BALANCE Fund(s): DOCUMENTS: Comments: None. Staff recommends approval. LIST OF SUPPORTING Ordinance U� p AGENDA MEMORANDUM � pia Public Hearing and First Reading for the City Council Meeting of June 11, 2013 1852 Second Reading for the City Council Meeting of June 25, 2013 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Resort Commercial to Multifamily with a Planned Unit Development for Townhouses For Alex H. Harris Property Addresses: 14306 -14334 Nemo Court CAPTION: Case No. 0513 -01 Alex H. Harris: A change of zoning from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property is described as Lots 17 - 24, Block 45, Padre Island — Corpus Christi Island Fairway Estates, located along the east side of Nemo Court, approximately 525 feet west of South Padre Island Drive (PR 22). PURPOSE: The purpose of this item is to allow 44 townhouses as part of a Planned Unit Development. RECOMMENDATION: Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, subject to the following 10 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 44 townhouse units and shall be constructed in one phase. 2.) Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 16.6 dwelling units per acre. 3.) Building Height: The maximum height of the townhouse units is 30 feet. 4.) Parking: The Property must have a minimum of 88 standard (9 -foot wide by 18- feet long) off - street parking spaces and six compact (8.5 -foot wide by 16 -foot long) off - street parking spaces. Parking is prohibited within the private street. 5.) Setbacks and Lot Width: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the associated replat and Master Site Plan as shown in Exhibit B. Minimum setback along Nemo Court shall be 10 feet. Minimum 20 -foot wide front yard setbacks shall be provided for each lot. Minimum rear yard setbacks for all lots shall each be 10 feet. Minimum building separation between unattached townhouse units shall be 10 feet. 6.) Open Space: The Property must maintain 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane /No Parking." 8.) Pedestrian Access: A minimum five -foot wide sidewalk is required to be constructed along one side of the internal private street. 9.) Rentals: Single- family units can be rented for less than a one -month period, and such use must comply with applicable building codes. 10.)Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay for a 44 -unit townhouse development. The proposed townhouse development will consist of 44 single - family units on a 2.65 - acre lot at a density of 16.6 dwelling units per acre. The lots will be a minimum of 1,130 - square feet and will have a minimum width of 16 feet. Each lot will have access to an access drive that will be a minimum 24 -foot in width. The development will contain 88 parking spaces, which is less than the requirement of 96 spaces. The development will provide 28% pervious open space compared to a requirement of 30 %. Staff finds that these departures from the code requirements are reasonable. A PUD commits the developer to a site plan that cannot be changed significantly without a public hearing. A PUD allows for reasonable variations of the standard zoning requirements. The proposed PUD utilizes decreased lot sizes, lot widths, and open space requirements. ALTERNATIVES: 1. Modify the conditions of the Planned Unit Development; 2. Approve an intermediate zoning district; or 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang -Padre Island Area Development Plan and is consistent with the adopted Future Land Use Plan, which slates the property for a medium 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.: 0513 -01 HTE No. 13- 10000015 Planning Commission Hearing Date: May 22, 2013 Applicant: Alex H. Harris Owners: Alex H. Harris & Williams Airline Partners, Ltd. .� Legal Description /Location: Lots 17 - 24, Block 45, Padre Island — Corpus CL J y °a Christi Island Fairway Estates, located along the east side of Nemo Court, Q o approximately 525 feet west of South Padre Island Drive (PR 22). From: "CR -2/10" Resort Commercial District with an Island Overlay To: "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a •E Planned Unit Development Overlay r Area: 2.65 acres io Purpose of Request: To allow a 44 -unit townhouse development. Existing Zoning District Existing Land Use Future Land Use "CR -2/10" Resort Vacant Medium Density Site Commercial District with Residential an Island Overlay c "CR -2/10" Resort Medium Density North Commercial District with Commercial Residential a� an Island Overlay 0 "CR -2/10" Resort Medium Density a� South Commercial District with Commercial Residential c J an Island Overlay n "CR -2/10" Resort Commercial & w East Commercial District with Office ff Tourist an Island Overlay "CR -2/10" Resort Medium Density West Commercial District with Vacant Residential an Island Overlay Area Development Plan: The subject property is located in the Mustang- Padre Island Area Development Plan (ADP) and is planned for medium c� C density residential uses. The proposed change of zoning to the "RM -1/10 /PUD" and proposed development are consistent with the Future a o Land Use Plan. Q Map No.: 047044 Zoning Violations: None L Transportation and Circulation: The subject property has 400 feet of y r frontage along Nemo Court, which is a Local Residential street. The subject property has indirect access to South Padre Island Drive (SH 358), which is designated as a Freeway /Expressway, via Nemo Court. Case #0513 -01 Alex Harris Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay for a 44 -unit townhouse development. Applicant's Development Plan: The proposed townhouse development will consist of 44 single - family townhouse units on a 2.65 -acre lot at a density of 16.6 dwelling units per acre. The lots will be a minimum of 1,131- square feet and will have a minimum width of 16 feet. Each lot will have access to a private street that will be a minimum 24- foot in width with a five -foot wide sidewalk on one side. The development will contain 94 parking spaces for residents and guests and 28% open space. Common open space with amenities such as a swimming pool will be provided at the rear of the property. The following table is a comparison of the proposed development standards and the development standards of the "RS -TH" Townhouse District and UDC. The table states all necessary deviations from the UDC. Minimum Dimensions "RS -TH" District Standards for single - family attached houses Urban Proposed Existing Traffic W Street Transportation Section Section Volume L O 20,000 sq. ft. Plan Type Yes Front yard 10 ft. C Yes Side yard 50' ROW 90' ROW Not Rear yard Nemo Ct. Local Residential 28' paved 50' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay for a 44 -unit townhouse development. Applicant's Development Plan: The proposed townhouse development will consist of 44 single - family townhouse units on a 2.65 -acre lot at a density of 16.6 dwelling units per acre. The lots will be a minimum of 1,131- square feet and will have a minimum width of 16 feet. Each lot will have access to a private street that will be a minimum 24- foot in width with a five -foot wide sidewalk on one side. The development will contain 94 parking spaces for residents and guests and 28% open space. Common open space with amenities such as a swimming pool will be provided at the rear of the property. The following table is a comparison of the proposed development standards and the development standards of the "RS -TH" Townhouse District and UDC. The table states all necessary deviations from the UDC. Minimum Dimensions "RS -TH" District Standards for single - family attached houses Proposed PUD Complies? Minimum lot area 2,600 sq. ft. 1,131 ft. No Minimum dwelling unit width 26 ft. 16 - 26 ft. on avg. No Minimum Site Area 20,000 sq. ft. 115,434 sq. ft. Yes Front yard 10 ft. 20 ft. Yes Side yard 0 ft. 0 ft. Yes Rear yard 5 ft. 10 ft. Yes Open space 30% 28% No Minimum building separation 10 ft. 10 ft. Yes Maximum height 45 ft. 30 ft. Yes Parking 97 spaces 94 spaces No Private Street 28 ft. 24 ft. No Sidewalk 6 ft. on one side 5 ft. on one side No Curb Type 6 in. curb and gutter 2 in. ribbon curb No Existing Land Uses & Zoning: North of the subject property is a commercial facility zoned "CR -2/10" Resort Commercial District with an Island Overlay. South and west of the subject property is vacant land zoned "CR -2/10" Resort Commercial District with an Island Overlay. East of the subject property are offices and commercial facilities zoned "CR -2/10" Resort Commercial District with an Island Overlay. Case #0513 -01 Alex Harris Page 3 AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Mustang -Padre Island ADP and is consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. Plat Status: The property is currently platted and will be replatted in accordance with the Master Site Plan. Department Comments: • This rezoning is consistent with the Comprehensive Plan. • This rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property is suitable for the uses proposed by this rezoning. • This PUD utilizes decreased lot sizes, lot widths, open space requirements, and setbacks for individual lots, while maintaining the required site area, building height, and building separation. • The subject property consists of eight platted lots with infrastructure already in place. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • Using a PUD would commit the developer to a site plan that could not be changed significantly without public hearing. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay with the following 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 44 townhouse units and shall be constructed in one phase. 2.) Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 16.6 dwelling units per acre. 3.) Building Height: The maximum height of the townhouse units is 30 feet. 4.) Parking: The Property must have a minimum of 88 standard (9 -foot wide by 18- feet long) off - street parking spaces and six compact (8.5 -foot wide by 16 -foot long) off - street parking spaces. Parking is prohibited within the private street. Case #0513 -01 Alex Harris Page 4 5.) Setbacks and Lot Width: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the associated replat and Master Site Plan as shown in Exhibit B. Minimum setback along Nemo Court shall be 10 feet. Minimum 20 -foot wide front yard setbacks shall be provided for each lot. Minimum rear yard setbacks for all lots shall each be 10 feet. Minimum building separation between unattached townhouse units shall be 10 feet. 6.) Open Space: The Property must maintain 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7.) Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet. The private street shall be striped to indicate "Fire Lane /No Parking." 8.) Pedestrian Access: A minimum five -foot wide sidewalk is required to be constructed along one side of the internal private street. 9.) Rentals: Single- family units can be rented for less than a one -month period, and such use must comply with applicable building codes. 10.)Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. Number of Notices Mailed — 36 within 200' notification area; c 4 outside notification area 0 As of May 23, 2013: In Favor — 3 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 2.18% in opposition. Exhibits: A. Location Map (Existing Zoning & Notice Area) B. Master Site Plan CR -2 SUBJECT PROPERTY 0 w M � Q M M m� 31 27 N M 35 ;;_7� 20 45 45 M 23 36 M 32 Q 19 N 7 12 11 b 10 6 0 5 18 22 4 Q N r C M M M \ F ~ a CASE: 0513 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHh 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 22 Q M a Q R Da 1e Created: Prepared -,y Department of Developmen City of Corpus Christi c rrp :a 'A 0 ru tit m L) to 0 E 0 0 r_ 0 LLJ c = 11 C 4� 0- Z) c CL Qj a) 0 L9 m m C) o m ai :a Ln M cu 0 = E Lu O= a, -r < Ln CL LA GJ o LE 0 CL > tj > 0 LE cc ai U M W C O w v, 41J w c X cli a) 0 a) LLJ C: tn cis nf w < (U CD CD aj a) CD (u aj 0 - cu W W M EM 0 aj LL 'P M rlj U- Ll- E w CD W- aj U u 0 u 0 -,o C) 0 V� aj aj Ln Lr� o Ln M M ai 0 0 E (u 2 I-q r1i -q Ln c C: 4� Ln CL I CL -0 a 0 E E o 0 �zn- E 0 0 to (u v 7� cu CL -0 CU C>- 0 m CL -0 0 -3 Z5 Z5 C: M M Z) zt CL 0 u zi Lj- -0 t :3 E w ru x CL W =5 bo M E E 0 CL cL E a) —i CL -T u 2 0 E— E E a) < E rc E 0 -E —a) 'a� o 0 x -Ei N V) OD :I v a) E 4 C: F= L L Q) C3 CD 0 " ' 4:i 0 cu M o 0 0 cc z-; QJ C aj C: Ln 0) aj F: as ai E E (U L4 E 41 a) E - E 67, E Z) IL- L- DD a) 0 L.0 Z) CJ .0 cr -W w cr cr �j m 0 cr 0) w m n c M C�6 cr u Z, CO cx 0� C CL is a) cc n� r- 0- as cr cu -0 m Ln -0 E 4� M (D V� -0 bO tLO W bD bD > o > 0 41 cu 2 z7n w Ln bo E - ad 0 0 ra CU OL In E - a) +, - 0 m -0 E 0 0 (U E 40 a -2 m o- -1 -j LL. 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Harris, owner of Lots 22 -24, Block 45, Padre Island — Corpus Christi — Island Fairway Estates, from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and 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 Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., and of Alex H. Harris, individually, 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, May 22, 2013, during a meeting of the Planning Commission, and on Tuesday, June 11, 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 by Alex H. Harris, acting as agent on behalf of Williams Airline Partners, Ltd., owner of Lots 17 -21, and by Alex H. Harris, individually, as owner of Lots 22 -24, (both parties collectively referred to as the "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City ") is amended by changing the zoning on Lots 17 - 24, Block 45, Padre Island — Corpus Christi — Island Fairway Estates (the "Property "), located along the east side of Nemo Court, approxi- mately 525 feet west of South Padre Island Drive (PR 22), from the "CR -2/10" Resort Commercial District with an Island Overlay to the "RM -1/10 /PUD" Multifamily 1 District with an Island Overlay and a Planned Unit Development Overlay, subject to 10 conditions (Zoning Map No. 047044), as shown in Exhibits "A" and "B." Exhibit A, which is a location map pertaining to the Property, and Exhibit "B," which is the master site plan ( "Master Site Plan ") pertaining to the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the following 10 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 44 townhouse units and shall be constructed in one phase. 2. Dwelling Units per Acre: The density of dwelling units on the Property cannot exceed 16.6 dwelling units per acre. 3. Building Height: The maximum height of the townhouse units is 30 feet. 4. Parking: The Property must have a minimum of 88 standard (9 -foot wide by 18 -feet long) off - street parking spaces and six compact (8.5 -foot wide by 16- foot long) off - street parking spaces. Parking is prohibited within the private street. 5. Setbacks and Lot Width: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the associated replat and Master Site Plan as shown in Exhibit B. Minimum setback along Nemo Court shall be 10 feet. Minimum 20 -foot wide front yard setbacks shall be provided for each lot. Minimum rear yard setbacks for all lots shall each be 10 feet. Minimum building separation between unattached townhouse units shall be 10 feet. 6. Open Space: The Property must maintain not less than 28% open space. Any surfaces constructed within the required open space must be constructed of pervious material. 7. Private Street Access: Each lot shall have access to a private street with a width of not less than 24 feet, as measured from back of curb to back of curb. The private street shall be striped to indicate "Fire Lane /No Parking." 8. Pedestrian Access: A minimum five -foot wide sidewalk is required to be constructed along one side of the internal private street. 9. Rentals: Units can be rented for less than a one -month period, and such use must comply with applicable federal, State, and local laws, rules, and regulations and all applicable building codes. 10. Time Limit: Construction of the development shall commence within 24 months from the date this modified Planned Unit Development ordinance is approved by the City Council. SECTION 3. The official UDC Zoning Map of the City is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time and 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. Williams Airline Partners Ltd and AHarris CR2 w 10 to RM1 w 10 PUD vFinal 20130604 Page 2 of 3 SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lots 17 - 24, Block 45, Padre Island — Corpus Christi — Island Fairway Estates) and that are in conflict with this ordinance are hereby 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. 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 Williams Airline Partners Ltd and AHarris CR2 w 10 to RM1 w 10 PUD vFinal 20130604 Page 3 of 3 b CR -2 a " N " a b 46 0 " N 46 ry //G� r r � Q h N � M J' � r Q W' � b p N O' N -R -2 b I � \J R b O N " b SUBJECT b PROPERTY b " " N M 45 M " � " M 22 O N q' Z C M Q Q " N W N R.. S _ T b Dat °re Created: 4119/203 0 did S R * -.ST .........800 ... .... Feet ................... ......... Prepared -By: jeremym Department of De&elopment Services CASE: 0513 -01 1. 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Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Rezoning from Estate Residential to Low Density Residential for Kitty Hawk Development, Ltd. Property Address: 9142 South Staples Street CAPTION: Case No. 0413 -02 Kitty Hawk Development, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. The property is described as being a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. PURPOSE: The purpose of this item is to allow development of a single - family subdivision with minimum lot sizes of 15,000 square feet and reduce the amount of neighborhood commercial zoning. RECOMMENDATION: Plannina Commission and Staff Recommendation (Aaril 24. 20131: Approval of the change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning to allow a single - family subdivision with minimum lot sizes of 15,000 square feet and reduce the amount of neighborhood commercial zoning from 17 acres to 5.36 acres. The development is an expansion of the Kitty Hawk Subdivision to the south and east and will have access to South Staples Street (FM 2444) and County Road 41. The proposed change of zoning is compatible with current zoning and development patterns in the area and is not expected to have a negative impact on the surrounding neighborhood. ALTERNATIVES: 1. Approve an intermediate zoning district; 2. Approval of a special permit; or 3. Deny the request. OTHER CONSIDERATIONS: Because the area does not have wastewater service and the subdivision will utilize septic tank systems, the minimum lot size required for platting will be one -half acre. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning is not consistent with the Future Land Use Plan, which slates the property for 17 acres of commercial uses and estate residential uses (one -acre sized lots). 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.: 0413 -02 HTE No. 13- 10000011 Planning Commission Hearing Date: April 24, 2013 � � o .Q J 0 0 Q M Cr Q W CM c .E 0 N c c� a� y c � 0� N c � }, J w Applicant /Owner: Kitty Hawk Development Ltd. Representative: RVE, Inc., Pat Veteto, P. E., R. P. L. S. Legal Description /Location: Being a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41. Tract 1 (0.705 acres) From: "RE" Residential Estate District To: "CN -1" Neighborhood Commercial District Tract 2 (45.913 acres) From: "RE" Residential Estate District To: "RS -15" Single - Family 15 District Tract 3 (12.351 acres) From: "CN -1" Neighborhood Commercial District To: "RS -15" Single - Family 15 District Total Area: 58.969 acres Purpose of Request: To allow development of a single - family subdivision and future commercial uses. Existing Zoning District I Existing Land Use "RE" Residential Estate & Site "CN -1" Neighborhood Commercial Vacant Future Land Use Residential Estate & Commercial I North I "FR" Farm Rural I Vacant I Residential Estate I South "RE" Residential Estate Residential Estate & Residential Estate Vacant East "RE" Residential Estate Residential Estate & Residential Estate Vacant West Outside City Limits (0.C.L.) Vacant Low Density Residential & Commercial Case # 0413 -02 Kitty Hawk Page 2 Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial and estate CL M c residential uses. The proposed change of zoning to the "RS -15" Single - Family M 15 District and the "CN -1" Neighborhood Commercial is not consistent with the a o Future Land Use Plan. Q Map No.: 047030, 047029, & 046030 Zoning Violations: None Transportation and Circulation: The subject property has approximately o c 1,600 feet of frontage along South Staples Street (FM 2444), which is a CL 5 proposed "A3" Primary - Arterial Divided street, and approximately 340 feet of cLa frontage along County Road 41, which is a proposed "A2" Minor Arterial Divided street. Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on 0.71 acres. On Tract 2, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on 45.91 acres. On Tract 3, the applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on 12.35 acres. Applicant's Development Plan: The proposed rezoning is for 58.969 acres out of a 298.72 -acre tract of land, which will be developed as the Kitty Hawk Subdivision. The majority of the remaining land is proposed for one -acre lots. About sixty acres of this subdivision is being rezoned to the "RS -15" Single - Family 15 District, which requires a minimum lot size of 15,000 square feet. Due to a lack of wastewater infrastructure, the area being rezoned to the "RS -15" District will be developed into 66 half -acre lots, constituting approximately 19.5% of the Kitty Hawk Subdivision. With half -acre lot sizes, the developer can install septic systems for each lot rather than extending wastewater lines south of the Oso River. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume D � S. Staples St. "A3" Primary - Arterial 95' ROW 100' ROW 7,651 (FM 2444) Divided 64' paved 28' paved (2010) a� L Cn County "A2" Secondary 100' ROW -- ROW Not Road 41 Arterial Divided 54' paved --paved Available Staff Summary: Requested Zoning: On Tract 1, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on 0.71 acres. On Tract 2, the applicant is requesting a change of zoning from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on 45.91 acres. On Tract 3, the applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on 12.35 acres. Applicant's Development Plan: The proposed rezoning is for 58.969 acres out of a 298.72 -acre tract of land, which will be developed as the Kitty Hawk Subdivision. The majority of the remaining land is proposed for one -acre lots. About sixty acres of this subdivision is being rezoned to the "RS -15" Single - Family 15 District, which requires a minimum lot size of 15,000 square feet. Due to a lack of wastewater infrastructure, the area being rezoned to the "RS -15" District will be developed into 66 half -acre lots, constituting approximately 19.5% of the Kitty Hawk Subdivision. With half -acre lot sizes, the developer can install septic systems for each lot rather than extending wastewater lines south of the Oso River. Case # 0413 -02 Kitty Hawk Page 3 The portion of property being rezoned to "CN -1" Neighborhood Commercial District is a 0.71 -acre tract of land that will front County Road 41 and will be an extension of the existing "CN -1" District that fronts South Staples Street (FM 2444) and County Road 41. This rezoning will reduce the existing "CN -1" District located at the corner of South Staples Street (FM 2444) and County Road 41 from about 17 acres to 5.36 acres. Existing Land Uses & Zoning: North and south of the subject property is vacant land zoned "FR" Farm Rural District. Also to the south of the subject property is the Kitty Hawk subdivision zoned "RE" Residential Estate District. West of the subject property is vacant land zoned "CN -1" Neighborhood Commercial District and the city limit line. East of the subject property is vacant land and the Kitty Hawk subdivision zoned "RE" Residential Estate District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is located within the boundaries of the Southside ADP and is not consistent with the adopted Future Land Use Plan, which slates the property for estate residential (one -acre lots) and commercial uses. The developer originally intended to develop 17.2 acres of commercial uses and one -acre residential lots, and the Future Land Use Plan accommodated the developer's original plan. The developer's change in plans is acceptable with regards to the City's Comprehensive Plan and is consistent with surrounding planned uses. Plat Status: The property is currently unplatted. The master preliminary plat is under review. Department Comments: • The proposed residential development is an extension of the Kitty Hawk Subdivision and is partially consistent with the Future Land Use Plan. Although commercial and residential estate uses are planned for the subject property, staff agrees that a low density residential use with lot sizes of 15,000 square feet to a half -acre is appropriate for the land and that reducing the amount of commercial area is also acceptable. • The proposed change of zoning is compatible with current zoning patterns in the area and would not have a negative impact on the surrounding neighborhood. • The City's Comprehensive Plan recommends that commercial activities be located with convenient access to arterial -type streets. The area being rezoned to the "CN -1" Neighborhood Commercial District is located along County Road 41, which is a proposed "A2" Secondary Arterial Divided street. The majority of the existing commercial zoning fronts on South Staples Street (FM 2444), which is also an arterial -type street. • The proposed commercial uses will have direct access to South Staples Street (FM 2444) and will not increase traffic through the surrounding residential areas. Case # 0413 -02 Kitty Hawk Page 4 Planning Commission and Staff Recommendation (April 24, 2013): Approval of the change of zoning from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3. Number of Notices Mailed — 13 within 200' notification area; 1 outside notification area 0 As of May 7, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 2.85% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Preliminary Plat 2,g ngi MONA'Aw- 3C fil F, I . . V '. t6Z 4H� LU L Ii Of hu- -3 U AUVIR9z h le, . . . ...... .. v:Tlk ... .... ... F7� n cs a. /6P M Li M .2 R 71! tT P5 a 1y waW o t m. L2— — --- — --------- -------- ID 01- Lo MiT Asa a 01- Ordinance amending the Unified Development Code ( "UDC ") upon application by Kitty Hawk Development, Ltd. ( "Owner "), by changing the UDC Zoning Map in reference to a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts, from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3; 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 Kitty Hawk Development, 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, April 24, 2013, during a meeting of the Planning Commission, and on Tuesday, May 28, 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 Kitty Hawk Development, Ltd. ( "Owner "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on a 58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts (the "Property "), located along the south side of South Staples Street (FM 2444) and along the east side of County Road 41, from the "RE" Residential Estate District to the "CN -1" Neighborhood Commercial District on Tract 1, from the "RE" Residential Estate District to the "RS -15" Single - Family 15 District on Tract 2, and from the "CN -1" Neighborhood Commercial District to the "RS -15" Single - Family 15 District on Tract 3 (Zoning Map Nos. 047030, 047029 & 046030), as shown in Exhibits 'A" "B," "C," and "D." Exhibits A, B, and C, which are metes and bounds descriptions of Tract 1, Tract 2, and Tract 3, respectively, and Exhibit "D," which is a map to accompany the metes and bounds descriptions, 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 (58.969 -acre tract of land out of the south half of Section 31, Laureles Farm Tracts) 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 Kitty Hawk Development, Ltd. Page 2 of 2 rite RV E, Inc. engineering - surveying 403 -12048 March 26, 2013 Page 1 of 2 TRACT 1 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 30,718 square foot tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 30,718 square foot tract is out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas. Said 30,718 square foot tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: COMMENCING at a 518" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE South along the center line of said County Road 41, the west line of said 350 acre tract, the west boundary of said south half of Section 31, a distance of 733.03 feet to the POINT OF BEGINNING and northwest corner of this tract; THENCE East along the north line of this tract, a distance of 181.30 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 03° 17' 46 ", a radius of 921.00 feet, a tangent length of 26.50 feet, an arc length of 52.98 feet, and whose chord bears S 88° 21' 07" E, a distance of 52.98 feet; THENCE along the north line of this tract and said curve to the right in an easterly direction, an arc length of 52.98 feet to the northeast corner of this tract and the beginning of a curve to the left, which curve has a central angle of 02° 05' 23 ", a radius of 500.00 feet, a tangent length of 9.12 feet, an arc length of 18.24 feet, and whose chord bears S 13° 30' 14" W, a distance of 18.23 feet; THENCE along the east line of this tract and said curve to the left in a southerly direction, an are length of 18.24 feet to an inside corner of this tract; TBPE Firm Reg. No. F -2037 820 Buffalo St., Corpus Christi, Texas 78401 -2216 P.O. Box 2927, Corpus Christi, Texas 78403 -2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve @rve- inc.com website: www.rve- inc.com EXHIBIT A March 26, 2013 Page 2 of 2 THENCE South along the east line of this tract, a distance of 89.29 feet to an angle point of this tract; THENCE S 000 35' 07" W along the east line of this tract, a distance of 25.00 to the southeast corner of this tract and the beginning of a curve to the left, which curve has a central angle of 00° 35' 07 ", a radius of 782.50 feet, a tangent length of 4.00 feet, an arc length of 7.99 feet, and whose chord bears N 89° 42' 27" W, a distance of 7.99 feet; THENCE along the south line of this tract and said curve to the left in a westerly direction, an are length of 7.99 feet to a point of tangency for a corner of this tract; THENCE West along the south line of this tract, a distance of 221.75 feet to a point in the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the southwest corner of this tract; THENCE North along the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the west line of this tract, a distance of 133.50 feet to the northwest corner of this tract and POINT OF BEGINNING, and containing 30,718 square feet, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. "rrlJF Lam' I,' '.�% FSLI ^' i �J {� Registered Professional Land Surveyor v/ Texas Registration No. 6181 Prepared by: RVE Inc. 403 -12048 EXHIBIT A Tract 1 — RE to CN -1 Kitty Hawk Phase 2 rite RVE, Inc. engineering - surveying 403 -12048 March 26, 2013 Page 1 of 3 TRACT 2 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 45.913 acre tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 45.91 acre tract is out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas. Said 45.913 acre tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: CONEUENCING at a 5/8" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE South along the west line of said 350 acre tract, the center line of said County Road 41, the west boundary of said south half of Section 31, a distance of 866.53 feet to the POINT OF BEGINNING and the lower northwest corner of this tract; THENCE East, a distance of 221.75 feet to a point of tangency and the beginning of a curve to the right, which curve has a central angle of 00° 35' 07 ", a radius of 782.50 feet, a tangent length of 4.00 feet, an arc length of 7.99 feet, and whose chord bears S 89° 42' 27" E, a distance of 7.99 feet; THENCE along said curve to the right in an easterly direction, an arc length of 7.99 feet to an inside corner of this tract; THENCE N 000 35' 07" E, a distance of 25.00 to an angle point of this tract; THENCE North, a distance of 89.29 feet to the beginning of a curve to the right, which curve has a central angle of 02° 05' 23 ", a radius of 500.00 feet, a tangent length of 9.12 feet, an arc length of 18.24 feet, and whose chord bears N 13° 30' 14" E, a distance of 18.23 feet; TBPE Firm Reg. No. F -2037 820 Buffalo St., Corpus Christi, Texas 78401 -2216 P.O. Box 2927, Corpus Christi, Texas 78403 -2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve (Orve- inc.com website: www.rve- ino.corn EXHIBIT B March 26, 2013 Page 2 of 3 THENCE along said curve to the right in a northerly direction, an arc length of 18.24 feet to the central northwest corner of this tract and the beginning of a curve to the right, which curve has a central angle of 36° 42'14", a radius of 921.00 feet, a tangent length of 305.52 feet, an arc length of 590.00 feet, and whose chord bears S 68° 21' 07" E, a distance of 579.96 feet; THENCE along said curve to the right in an easterly direction, an are length of 590.00 feet to a point of tangency for a corner of this tract; THENCE S 500 00' 00" E, a distance of 117.74 feet to an inside corner of this tract; THENCE N 400 00' 00" E, a distance of 108.91 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 40° 00' 00 ", a radius of 250.00 feet, a tangent length of 90.99 feet, an arc length of 174.53 feet, and whose chord bears N 20° 00' 00" E, a distance of 171.01 feet; THENCE along said curve to the left in a northerly direction, an arc length of 174.53 feet to a point of tangency for a corner of this tract; THENCE North, a distance of 779.51 feet to a point in the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the upper northwest corner of this tract; THENCE S 890 58' 05" E along the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the north line of this tract, a distance of 1044.00 feet to the upper northeast corner of this tract; THENCE South along the upper east line of this tract, a distance of 481.31 feet to an inside corner of this tract; THENCE S 450 00' 00" E, a distance of 190.92 feet to an inside corner of this tract; THENCE East, a distance of 215.00 feet to the lower northeast corner of this tract; THENCE South along the lower east line of this tract, a distance of 397.94 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 70° 50' 08 ", a radius of 246.00 feet, a tangent length of 174.94 feet, an arc length of 304.13 feet, and whose chord bears S 35° 25' 04" W, a distance of 285.13 feet; THENCE along said curve to the right in a southerly direction, an arc length of 304.13 feet to a point of tangency for a corner of this tract; THENCE S 700 50' 08" W along the south line of this tract, a distance of 375.31 feet to a corner of this tract; THENCE N 290 41' 31" W, a distance of 159.40 feet to an inside corner of this tract and beginning of a curve to the right, which curve has a central angle of 07° 40' 55 ", a radius of 403 -12048 Tract 2 — RE to RS -15 Kitty Hawk Phase 2 EXHIBIT B March 26, 2013 Page 3 of 3 1141.00 feet, a tangent length of 76.60 feet, an arc length of 152.98 feet, and Whose chord bears S 27° 28' 32" W, a distance of 152.87 feet; THENCE along said curve to the right in a southerly direction, an arc length of 152.98 feet to a corner of this tract; THENCE N 50° 00' 00" W along the south line of this tract, a distance of 321.21 feet to an inside corner of this tract; THENCE S 40° 00' 00" W along the south line of this tract, a distance of 603.67 feet to the south corner of this tract; THENCE N 50° 00' 00" W along the south line of this tract, a distance of 643.47 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 40° 00' 00 ", a radius of 572.50 feet, a tangent length of 208.37, an arc length of 399.68 feet, and whose chord bears N 70° 00' 00" W, a distance of 391.61 feet; THENCE along said curve to the left in a westerly direction, an arc length of 399.68 feet to a point of tangency for a corner of this tract; THENCE West along the south line of this tract, a distance of 221.75 feet to a point in the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the southwest corner of this tract; THENCE North along the centerline of County Road 41, the west line of said Section 31, the west line of said 350 acre tract, and the west line of this tract, a distance of 210.00 feet to the lower northwest corner of this tract and POINT OF BEGINNING, and containing 45.913 acres, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. i L i• h `! Prepared by: RVE, Inc. 403 -12048 EXHIBIT B Registered Professional Land Surveyor Texas Registration No. 6181 Tract 2 -- RE to RS -15 Kitty Hawk Phase 2 rite RVE, Inc. engineering - surveying 403 -12048 March 26, 2013 Page 1 of 2 TRACT 3 PROPERTY DESCRIPTION STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 12.351 acre tract, more or less, out of a 350 acre tract described in a Warranty Deed, recorded in Volume 2052, Page 304, Deed Records of Nueces County, Texas. Said 45.91 acre tract is out of the south half of Section 31, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas. Said 12.351 acre tract is situated in Nueces County, Texas approximately 10 miles south of Corpus Christi, and is described by metes and bounds as follows: COMNIENCING at a 518" iron rod found in the center lines of South Staples Street and County Road 41 for the northwest corner of the south half of Section 31 of said Laureles Farm Tracts and northwest corner of said 350 acre tract; THENCE S 89° 58' 05 "E along the centerline of South Staples Street, the north line of said 350 acre tract, the north boundary of said south half of Section 31, a distance of 429.64 feet to the POINT OF BEGINNING and the northwest corner of this tract; THENCE S 890 58' 05" E along the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, and the north line of this tract, a distance of 562.36 feet to the northeast corner of this tract; THENCE South along the east line of this tract, a distance of 779.51 feet to the point of tangency and beginning of a curve to the right, which curve has a central angle of 40° 00' 00 ", a radius of 250.00 feet, a tangent length of 90.99 feet, an arc length of 174.53 feet, and whose chord bears S 20° 00' 00" W, a distance of 171.01 feet; THENCE along the east line of this tract and said curve to the right in a southerly direction, an arc length of 174.53 feet to a point of tangency for a corner of this tract; THENCE S 40° 00' 00" W along the east line of this tract, a distance of 108.91 feet to the southeast corner of this tract; TBPE Firm Reg. No. F -2037 820 Buffalo St., Corpus Christi, Texas 78401 -2216 P.O. Box 2927, Corpus Christi, Texas 78403 -2927 Phone: 361.887.8851 fax: 361.887.8855 e-mail: rve@rve- inc.com website: www.rve - inc.com EXHIBIT C March 26, 2013 Page 2 of 2 THENCE N 50° 00' 00" W along the south line of this tract, a distance of 117.74 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 36° 42' 14 ", a radius of 921.00 feet, a tangent length of 305.52 feet, an arc length of 590.00 feet, and whose chord bears N 68° 21' 07" W, a distance of 579.96 feet; THENCE along the south line of this tract and said curve to the left in a westerly direction, an arc length of 590.00 feet to the southwest corner of this tract and the beginning of a curve to the right, which curve has a central angle of 21' 51' 02 ", a radius of 500.00 feet, a tangent length of 96.51 feet, an arc length of 190.68 feet, and whose chord bears N 25° 28' 27" E, a distance of 189.53 feet; THENCE along the west line of this tract and said curve to the right in a northerly direction, an arc length of 190.68 feet to a point of tangency for a corner of this tract; THENCE N 36° 23' 57" E along the west line of this tract, a distance of 159.00 feet to the point of tangency and beginning of a curve to the left, which curve has a central angle of 36° 23' 57 ", a radius of 100.00 feet, a tangent length of 32.88 feet, an arc length of 63.53 feet, and whose chord bears N 18° 11' 59" E, a distance of 62.47 feet; THENCE along the west line of this tract and said curve to the left in a northerly direction, an are length of 63.53 feet to a point of tangency for a corner of this tract; THENCE North along the west line of this tract, a distance of 375.90 feet to a point in the centerline of South Staples Street, the north line of said Section 31, the north line of said 350 acre tract, the northwest corner of this tract and POINT OF BEGINNING, and containing 12.351 acres, more or less. I, Dale A. Wunderlich., Registered Professional Land Surveyor of Texas, do hereby certify that this description was performed under my direct supervision and is true and correct to the best of my knowledge, this the 26th day of March, 2013. Prepared by: RVE. Inc. 403 -12048 Tract 3 — CN -1 to RS -15 Kitty Hawk Phase 2 EXHIBIT C Registered Professional Land Surveyor Texas Registration No. 6181 Prepared by: RVE. Inc. 403 -12048 Tract 3 — CN -1 to RS -15 Kitty Hawk Phase 2 EXHIBIT C 6 6;G6G55GNrr o m 0 0 C � nimm 0 o0 2 2 °qy im m n I 1 1 � IIII I I I I z I p izm 00 H ..o ?m mm�r m m INo ' I z� ;u --I ;u --I 00 O O� Al n-I W iO j c n n N T - - nary n ii \ww \eonng \a�nm� ewa"9 apuaerson s ® —1 pm S _ WEST 2887.19' i II 11 II I l II nz I wmA IT I vmx II co -,:t 11 �Dm I A�m C1 I l9GO,A D z p I G'An\ 1N II w! 3 n II � nTa I N I 11 II II I I 11 II II Q) I O I S II o I V 11 — —..— .— ..— . —.. —.— y£_ (O 11 S— 4 FE <po m� Vim= 3Dm AAn z ji In l Z I xl ICI o m ?�rnD 11 Ix N II I� ti� 1 coG I �`_� N �z li OF II I I W � p70J l i b M � ''A�1® n�N zv�D 0 ?ncn ? D D U >OZ o� j D N C m O Vim= ANN xD n Awn n A�A 0 -{ D Z (7 W (n IZ I � I I. Ip I ID I IA li I I II la Z 1�.0 C � wm° 't'mS _.mom m Axm nC) �0 y(7w -1 w In ➢Z Gp wm� umx WE Dw 27 7Jm ?may n�0 2 Dn I GO I. I U1 Wm� I N mmi II I cq p�m co III I ��O I Z li '�iI I I-M�1100' R.O.W. — — — ----- - - - - -- I o - it I z ON v � S89 °58'05 "E 2887.19' m m I � ? 9 O-o A;I I z w z r m z L? O T z O Z NORTH 112 SECTION 31 r' N � O � w o;l I Z I i n m 1i m z c� in�l�ll — — — ----- - - - - -- - A V7 W d) S89 °58'05 "E 2887.19' m I <So a �z� 0 C Lim= NORTH 112 SECTION 31 LAURELES FARM TRACTS Z O V_ 3 P. 15 M.R.N.C.T. Z -n Z-e=I n�0 ~-wiw (n0 EXHIBIT D KITTY HAWK N 2013 e 3 ��d ZONING MAP engineeringasurveying —.- -.��. NO I. i REvr.M 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 9, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2603 Amending the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. PURPOSE: The existing MetroCom interlocal agreement must be modified to include the City of Driscoll who wants to participate and use MetroCom for all 911 emergency calls and law enforcement dispatch functions. BACKGROUND AND FINDINGS: The City of Driscoll has asked the City and Nueces County to consolidate their public safety dispatch center with MetroCom for the areas served by Driscoll, receiving 911 emergency calls for Driscoll and transferring all EMS and fire emergency calls to the Bishop Police Department. All law enforcement calls will be transferred to the Driscoll Police Department dispatcher between the hours of 8:00 am and 5:00 pm, Monday through Friday. MetroCom will dispatch Driscoll Police Department directly between the hours of 5:00 pm and 8:00 am and on weekends. The parties agree to jointly fund the operations of the MetroCom center. The MetroCom board establishes a method of dividing operating expenses based upon the usage of the system by each of the entities, and the most efficient method to track and project usage is through the Computer Aided Dispatch or CAD history files. The most recent data shows that Driscoll generates approximately 1 % of CAD calls or $49,000. This amount will be paid by Driscoll in advance for MetroCom dispatching services or within 10 days of the execution of the contract, and will be prorated for the current fiscal year. The full amount is due to the City by January 1 of each calendar year. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all City policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 49,000 BALANCE 1 49,000 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement Resolution Interlocal Cooperation Agr, between the City of Corpus Christ Consolidated Emergency Dispatch Cent, (First Amendment to the Consolidated Emergency is This Interlocal Cooperation Agreement "(Agreem of Corpus Christi, Texas ("City"), a Texas home-rule mui Nucces ("County"), a political subdivision of the State of ("Driscoll"), a Texas general law city, each acting herein official, effective for all purposes upon the execution by WHEREAS, the City and County have developed radio communications system ("System") that provides f within the jurisdictions of the two entities; (MetroCom) Center Interlocal Agreement) made by and between the City -orporation, the County of and the City of Driscoll, Texas through its duly authorized fly own an 800-mHz trunked safety radio communications WHEREAS, in 1993, the County commissioned a communications study, the results of which were known as "MetroCom," calling for the development of a single consolidated public safety answering point ("PSAP") for all 9-1-1 emergency calls and dispatch functions within the areas served by the City and the County, with the potential for further consolidation of efforts to include other cities within Nueces County; WHEREAS, the City and the County are parties to an Interlocal Cooperation Agreement dated June 1, 2000 [the "Consolidated Emergency Dispatch Center (MetroCom) Agreement"] providing for the development and implementation of MetroCom; and WHEREAS, the City of Driscoll, a municipality located within Nueces County, desires to participate and use MetroCom for all 9 -1 -1 emergency calls and law enforcement dispatch functions. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, THE COUNTY OF NUECES, AND THE CITY OF DRISCOLIL ("Parties"): ARTICLE 1: PURPOSE AND GOALS The purpose and goals of this Agreement shall be to provide cost effective and efficient emergency services for the citizens and community served by the parties through the use of a regional 9 -1 -1 emergency dispatching center staffed by trained professionals to operate the public safety answering point ("PSAP"). ARTICLE 2: SERVICES FOR DRISCOLL The parties agree to consolidate their public safety dispatch centers into a single public safety answering point ("PSAP"), known as "MetroCom," for the areas served by Driscoll. The PSAP will handle 9-1-1 emergency calls for Driscoll. MetroCom will transfer all EMS and fire Page 1 of 6 emergency calls to Bishop Police Department, MetroCom will transfer all law enforcement calls to Driscoll Police Department dispatcher between the hours of $:00 a.m. to 5:00 p.m., Monday through Friday. MetroCom will dispatch Driscoll Police Department directly between the hours of 5:00 p.m. to 8-00 a.m. and on weekends. ARTICLE 3: FUNCTIONS OF METROCOM FOR DRISCOLL MetroCom shall provide emergency communications dispatch services to Driscoll as outlined in the Agreement. Such communication services shall include: a. 9 -1 -1 emergency dispatch for fire units, EMS units, and call taking for law enforcement purposes only; b. Dispatch of responding units; c. Information services for field units; d. CMD dispatch and community alert functions; e. Serve as a point of local emergency service contact for State and Federal resources; and f. Other dispatching services as approved by operating procedures (SOP). ARTICLE 4: BACKGROUND SCREENINGS Driscoll is responsible to ensure that background screenings are conducted on all personnel with access to the Federal Bureau of Investigations ("FBI") Criminal Justice Information System ("CJIS") systems information. As directed by the FBI CHS Security Policy: (1) State and national fingerprint-based record checks must be conducted within 30 days upon initial employment or assignment for all personnel having access to FBI CHS systems information; (2) appropriate background investigations must be conducted on personnel with access to FBI CJIS Division's record information; and (3) in cases where an applicant already has access from another law enforcement agency, temporary access may be granted prior to confirmation of the new identification check. If a record of any kind is found, access will not be granted or allowed by Driscoll until the Department of Public Safety can review the matter to decide if access is appropriate. ARTICLE 5: TLETS/NLETS and TCIC/NCIC CERTIFICATIONS Driscoll is responsible to ensure that its employees obtain and maintain current Texas and National Law Enforcement Telecommunications Systems ("TLETS" and "NLETS") and Texas and National Crime Information Centers ("TCIC" and "NCIC") certifications. Prior to disseminating any TC1C and NCIC information, Driscoll agrees to file the required certifications with the City so the City may verify that Driscoll's employees are eligible to obtain such information. The City and MetroCom will deny any request for TC1C and NCIC information from employees who are not certified or do not have a current certifications on file. ARTICLE 6: WARRANT FUNCTIONS Driscoll will be responsible for entering warrant information for its law enforcement agency as required by law. Agencies that enter records into NCIC/TCIC are responsible for the accuracy, timeliness, and completeness of the records. The City, County, and MetroCom will not assume the role or duty to enter and update warrant information for Driscoll and will not be responsible Page 2 of 6 for the accuracy of such information. The warrant funct Agreement shall never shift to the City, County, and Me ARTICLE 7: METROCOM OPERATING CENTER The MetroCom center will be administered by the City 't Standard Operating Procedures (SOP) and budget. Thes System Operations Committee and shall be approved by effective. Upon request, a copy of the SOPS and Metro( ARTICLE 8: SHARED OPERATIONAL COSTS The parties agree to jointly fund the operations of the MetroCor establishes a method of dividing operating expenses based upon of the entities, and the most efficient method to track and projec Aided Dispatch ("CAD") history files. The most recent data sh, approximately one (1%) percent of CAD calls. Therefore, effec percent of the total operating cost, which for fiscal year ending ($49,000) Dollars, will be allocated to and paid by Driscoll in a, dispatching services. For the initial year of this Agreement, the MetroCom dispatching services will be prorated based on the ni current fiscal year (ending July 31, 2013) as measured from the Agreement. Nothing contained in this Agreement precludes the MetroCom center nor shall this Agreement preclude the allocati administrations, jurisdictions, and program participants. armed by Driscoll under this terms of an adopted set of [re to be developed by the oCom Board to be binding and ),et will be provided to Driscoll. i center. The MetroCom Board the usage of the system by each : usage is through the Computer iws that Driscoll generates live upon execution, one (I%) ,012 is Forty-nine Thousand Nance for MetroCom amount due from Driscoll for mber of months remaining in the fast date of execution of this addition of other PSAPs to the )ns of cost to other Currently, the allocation shall be one (1%) percent of the agreed MetroCom operating expenses to be paid by Driscoll to the City in one annual payment by October I" of each calendar year or, if the initial year of the Agreement, within 10 days of execution. The difference between actual expenditures at the end of the City's fiscal year and the payment provided by Driscoll will be carried forward and included in the subsequent year's computation of required financing. In the event actual expenditures exceed budgeted costs, a year-end review shall be conducted by the Systems Operations Committee to determine and address the cause of the discrepancy. In the event of an early termination of this Agreement, any unearned funds paid to the City by Driscoll will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Driscoll along with the remittance payment. ARTICLE 9: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year and automatically renew annually without further action by the parties, The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City, unless otherwise prohibited by law, This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other two parties. A violation of either Article 4 or Article 5 shall result in immediate termination of the Agreement. Page 3 of 6 ARTICLE 10: PAYMENT AND CURRENT REVENUE Payment shall be made by Driscoll within thirty (30) days from receipt of the other party's request for expenses incurred in the performance of this Agreement. Any payment made by Driscoll for any of the services provided pursuant to this Agreement shalt be made out of current revenues available to Driscoll as required by the Texas Interlocal Cooperation Act. ARTICLE 11: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall riot be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 12: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail, postage prepaid, certified, return receipt requested. CITY: City Manager 1201 Leopard Street Corpus Christi, TX 78401 with a copy to: Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 COUNTY: County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 DRISCOLL: Mayor City of Driscoll 130 E. Avenue D / P. O. Box 178 Driscoll, TX 78351 178351 -0178 ARTICLE 13: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the Page 4 of 6 interpretation of contracts. Venue for an action aj County, Texas, and be in accordance with the Te? ARTICLE 14: ENTIRE AGREEMENT AND W This Agreement represents the entire agreement;1: any oral agreements or understandings. Any ame all parties. No officer or employee of any of the I limitations in this Agreement, without the express ARTICLE 15: ASSIGNMENT AND SUCCESS, This Agreement shall be binding on and inure to I their respective successors and permitted assigns, party without the written consent of all of the o& personal liability on the part of any officer or agej their respective officers, agents, or employees. Agreement shall lie in Nucces it Procedure. ies and may not be modified by ie made in writing and signed by ve or otherwise modify the Dverning body of the party. e parties to the Agreement and rit may not be assigned by any Agreement does not create any 'aunty, or Driscoll or any of Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under State or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 17: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ARTICLE 18: NO WAIVER OF IMMUNITY Noparty to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 19: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 20: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. Page 5 of 6 ARTICLE 21: CONTINUATION OF PROVIS This Agreement amends the existing Consolidated Err Agreement to the extent necessary to add and include of the Consolidated Emergency Dispatch Center Inter] Agreement remain in full force and effect and are uncl the parties. EXECUTED in triplicate to be effective as of the last City of Corpus Christi: ATTEST: Ronald L. Olson Armando Chapa City Manager City Secretary Date: Date: County of Nueces: ATTEST: Samuel Loyd Neal Diana T. Barrera County Judge County Clerk Date: Date: lispatch Center Interlocal 'Driscoll. All other provisions o not conflict with this this instrument, by intention of late set forth below: Approved as to form: Carlos Valdez City Attorney Date: Approved as to form: Laura Garza Jimenez Nucces County Attorney Date: Approved as to form: MichaeG. Morris City Attorney Date: rl (,,-7 1 j ? Page 6 of 6 Resolution Authorizing the City Manager, or his designee, to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Consolidated Emergency Dispatch Center Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi and Nueces County to include the City of Driscoll as a participant to implement a consolidated emergency dispatch center. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor K 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 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 9, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floods _cctexas.com 886 -2603 Amending the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority (RTA) and Nueces County to include the City of Driscoll for the public safety radio system. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the City of Driscoll as a participant for a public safety radio system. PURPOSE: The existing interlocal agreement must be modified to include the City of Driscoll who wants to use the public safety radio system. BACKGROUND AND FINDINGS: The City of Driscoll has requested to use the radio system which is jointly owned by the City, RTA, and Nueces County. They will purchase equipment through the contracted vendor which are compatible with the radio system, they will pay all maintenance and user fees for each radio, they will provide hardware maintenance and technical support for radios and equipment owned by Driscoll, maintain and provide an updated list of all radios they use, and pay the proportionate share of maintenance and insurance costs for the backbone of the radio system. Driscoll will pay the City: 1. A one -time startup fee of $562 per radio 2. System annual service fees of $124.08 per radio per year beginning the second year of service 3. System monthly maintenance fees of $14.99 per control unit, $5.63 per mobile unit, and $5.63 per portable unit. The amount of funding is not available as the number of radios to be purchased is not yet known. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): Comments: The amount of funding is not available as the number of radios to be purchased is not yet known. RECOMMENDATION: Staff recommends supporting the resolution. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement Resolution Resolution Authorizing the City Manager, or his designee, to execute an amendment to the Radio Communications System Interlocal Agreement between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the City of Driscoll as a participant for a public safety radio system. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Radio Communications System Interlocal Government Agreement, in compliance with Chapter 791 of the Government Code, between the City of Corpus Christi, the Regional Transportation Authority and Nueces County to include the City of Driscoll as a participant for the operation of an 800 MHz public safety trunked radio system. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor K 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 Interlocal Cooperation Agreement City of Regional Trai and City of Dris( For Radio Communicati, (Second Amendment to the Radio Communicati This Interlocal Cooperation Agreement ("Agreei of Corpus Christi, Texas ("City"), a Texas home-rule m Transportation Authority ("RTA"), a metropolitan trans V.A.T.S., the County of Nueces ( "County„), a political City of Driscoll, Texas ("Driscoll"), a Texas general lav its duly authorized official, effective for all purposes ups Interlocal Agreement) it") is made by and between the City cipal corporation, the Regional uthority under Article 1 118x, division of the State of Texas, and the ty, each acting herein by and through the execution by all parties. WHEREAS, the City and RTA are parties to an Interlocal Cooperation Agreement dated September 23, 1991 (the "Radio Communications System Interlocal Agreement"), providing for the development and operation of an advanced 800 MHz public safety trunked radio system ("Radio System"); and WHEREAS, the City, RTA, and County are parties to an Interlocal Cooperation Agreement dated February 4, 1994 (the "Radio System Participation Agreement"), being the first amendment to the Radio Communications System Interlocal Agreement; WHEREAS, the City, RTA, and County have entered into Memorandums of Agreement with the Naval Air Station and Port Industries Corpus Christi/ Port of Corpus Christi Authority allowing for their participation in the Radio Communications System; WHEREAS, the City of Driscoll, a municipality located within Nucces County, desires to use the Radio System developed by City and RTA and being utilized by City, RTA, County, and others; and WHEREAS, the parties desire to allow the City of Driscoll to participate in the Radio Communications System Interlocal Agreement, the original 1991 radio communications system C� agreement allowing for participation by other public entities. NOW, THEREFORE, BE IT AGREED BY THE CITY OF CORPUS CHRISTI, REGIONAL TRANSPORATION AUTHORITY, THE COUNTY OF NUECES AND THE CITY OF DRISCOLL ("Parties"): ARTICLE 1: RIGHTS, DUTIES AND RESPONSIBILITIES OF CITY, RTA, AND COUNTY I. Operate an 800 MHz public safety trunked radio system ("Radio System"). 2. Provide maintenance and support to the Radio System. 3. Provide radio and equipment specifications to Driscoll. 4. Provide or assign one Call Group on the Radio System for Driscoll Police Department for law enforcement use. Page 1 of 6 ARTICLE 2: RIGHTS, DUTIES AND RESPONSIBILIITIES OF DRISCOLL 1. Purchase or lease radios and equipment through the vendor contracted by City, RTA, and County which are compatible with the Radio System and conform to the specifications provided by City, RTA, and County. 2. Pay the maintenance and user fees to the City, RTA, and County for each radio that is added or supported by the Radio System. 3. Provide hardware maintenance and technical support for radios and equipment owned by Driscoll. 4. Maintain and provide City, RTA, and County with a current and an updated list of all radios that Driscoll uses and are supported by the Radio System. 5. Pay proportionate share of maintenance and insurance costs for the backbone of the Radio System. ARTICLE 3: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year and automatically renew annually without further action of the parties. The City's City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement on behalf of the City, unless otherwise prohibited by law. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other three parties. ARTICLE 4: PAYMENT AND CURRENT REVENUE A. Payment shall be made by Driscoll within thirty (30) days from receipt of the City, RTA, and County's request for expenses incurred in the performance of this Agreement. Any payment made by Driscoll for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Driscoll as required by the Texas Interlocal Cooperation Act. B. Fees for system participation and maintenance to be paid by Driscoll are as follows: A one -time start up fee of $562 per radio System annual service fees: $124.08 per radio per year (beginning the second year of service) System monthly maintenance fees: (Number of Units x Rate per Unit) Control Units: Units x $14.99 Mobile Units: Units x $5.63 Portable Units: Units x $5.63 "Control units" include land -based radios in offices; "mobile units" include radios in vehicles; and "portable units" include radios carried on the officer. "Year," as used in this article, means the period beginning on the final execution date of this Agreement and concluding 365 days later. Page 2of6 C. Within 10 days of the final execution date of this Agreement, Driscoll shall determine the number of radios and total count of units to be added to the Radio System and notify the City, RTA, and County of same. Once the radios and units are active in the Radio System, the one- time start up fees for radios placed into service and the initial month's unit maintenance fees will be billed to Driscoll. At the beginning of each remaining month this Agreement is in force, Driscoll shall be invoiced for the previous month's monthly maintenance fees. Payment of the annual service fees is due, in advance, beginning on the first anniversary of the final execution date of this Agreement and on every yearly anniversary date thereafter. Driscoll may, but is not required to, pay the monthly maintenance fees in advance for any period of time up to 12 months or the annual anniversary date of the execution of this Agreement, whichever period occurs first in time. D. In the event of an early termination of this Agreement, any unearned funds paid to the City, RTA, and County by Driscoll will be refunded within 30 days of the termination date of the Agreement. A written final accounting will be provided to Driscoll along with the remittance payment. ARTICLE 5: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 6: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 7: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail, postage prepaid, certified, return receipt requested. CITY: City Manager 1201 Leopard Street Corpus Christi, TX 78401 with a copy to: Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 Page 3 of 6 RTA: Chief Executive Officer Regional Transportation Authority 5658 Bear Lane Corpus Christi, TX 78405 COUNTY: County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 DRISCOLL: Mayor City of Driscoll 130 E. Avenue D / P. D. Box 178 Driscoll, TX 78351 178351 -0178 ARTICLE 8: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 9: ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the party. ARTICLE 10: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City, RTA, County or Driscoll or any of their respective officers, agents, or employees. ARTICLE 11: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. Page 4 of 6 ARTICLE 12: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 13: NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 14: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. ARTICLE 15: CONTINUATION OF PROVISIONS This Agreement amends the existing Radio Communications System Interlocal Agreement and the Radio System Participation Agreement (which is the first amendment to the Radio Communications System Interlocal Agreement) to the extent necessary to allow the City of Driscoll to participate and use the Radio Communications System. All other provisions of the Radio Communications System Interlocal Agreement and Radio System Participation Agreement that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument, by express intention of the parties. EXECUTED in quadruplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Ronald L. Olson City Manager Date: Armando Chapa City Secretary Date: Regional Transportation Authority: Scott Neeley Chief Executive Officer Date: Approved as to form: Carlos Valdez City Attorney Date: Page 5 of 6 County of Nueces: Samuel Loyd Neal County Judge Date: City of Driscoll: Aduilar V7 ATTEST: Approved as to form: Diana T. Barrera County Clerk Date: ATTEST: dlAub,L Isabel Chapa Laura Garza Jimenez Nueces County Attorney Date: Approved as to form: Michael G, Morris City Seer - t City Attorney Date: 1)io 1-5 Date: §7 r, 113 9 L - I Page 6 of 6 FAR • Y�t AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of May 28, 2013 Action Agenda Item for the City Council Meeting of June 11, 2013 DATE: May 13, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION SUPPORTING Harbor Bridge Replacement Project AGENDA CAPTION: Resolution in support of the Texas Department of Transportation's project to replace the Harbor Bridge and the Corpus Christi Metropolitan Planning Organization's commitment to provide certain project funding. PURPOSE: The purpose of this Agenda Item is to support the TxDOT and Corpus Christi Metropolitan Planning Organization's commitment to provide funding for the replacement of the Harbor Bridge. BACKGROUND AND FINDINGS: A 2003 Feasibility Study conducted by TxDOT has determined that the Harbor Bridge, which spans the Corpus Christi Ship Channel at U. S. 181 concluded that it must be replaced to provide for a safe and efficient transportation corridor. ALTERNATIVES: 1. Approve the Resolution in support of the TxDOT and Corpus Christi Metropolitan Planning Organization. 2. Do not approve the Resolution in support of the TxDOT and Corpus Christi Metropolitan Planning Organization. OTHER CONSIDERATIONS: Not applicable. K: \ENGINEERING DATAEXCHANGE\LYNDA \HARBOR BRIDGE\AGENDA MEMO - HARBOR BRIDGE REPLACEMENT. DOCX CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Not applicable. FINANCIAL IMPACT: Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $0.00 Encumbered / Expended Amount This item $0.00 $0.00 BALANCE $0.00 $0.00 Fund(s): Not applicable Comments: Not applicable RECOMMENDATION: It is recommended to support the Texas Department of Transportation and Corpus Christi Metropolitan Planning Organization's commitment to provide funding for the replacement of the Harbor Bridge. LIST OF SUPPORTING DOCUMENTS: Location Map Resolution K: \ENGINEERING DATAEXCHANGE\LYNDA \HARBOR BRIDGE\AGENDA MEMO - HARBOR BRIDGE REPLACEMENT. DOCX Resolution in support of the Texas Department of Transportation's project to replace the Harbor Bridge and the Corpus Christi Metropolitan Planning Organization's commitment to provide certain project funding. WHEREAS, the Texas Department of Transportation (TxDOT) has determined that the Harbor Bridge, which spans the Corpus Christi Ship Channel at U.S. 181, must be improved to maintain a safe and efficient transportation corridor; WHEREAS, a Feasibility Study completed by TxDOT in 2003 concluded that U.S. 181 and the Harbor Bridge must be improved to maintain a safe and efficient transportation corridor; WHEREAS, TxDOT has determined that the Harbor Bridge has safety issues associated with the lack of shoulders, steep grade, a reverse curve, and an accident rate that is higher than the statewide average; WHEREAS, the Harbor Bridge also has high maintenance costs; WHEREAS, the Harbor Bridge provides no acceptable access for those on foot or on bicycles; WHEREAS, the Harbor Bridge's 138 feet of navigational clearance, which met World War II standards when it was built, makes it difficult for the City of Corpus Christi and the Port of Corpus Christi to compete with other Gulf Coast deep water ports because of larger ship sizes today; WHEREAS, a new bridge would improve safety, thereby reducing accident rates, provide better opportunities for moving people and goods (including military equipment and Port of Corpus Christi assets) throughout the region, provide adequate capacity to meet future traffic demand, and provide greater economic development opportunities for the City of Corpus Christi; WHEREAS, the Corpus Christi Metropolitan Planning Organization (MPO) is authorized by law to commit future projected transportation project funding allocated to the urbanized area; WHEREAS, the MPO's Transportation Policy Committee (TPC), comprised primarily of local elected officials and tasked with developing plans for a multimodal system within the urbanized area, provides a forum authorized to make cooperative decisions on transportation on behalf of the MPO; WHEREAS, on May 2, 2013, the MPO and its TPC adopted a resolution (attached as Exhibit "A ") to provide funding for the replacement of the Harbor Bridge, and committed future projected transportation project funding allocated to the urbanized area; KAEngineering Data Exchange \Lynda \Harbor Bridge \Resolution Harbor Bridge (City).docx WHEREAS, the City of Corpus Christi supports the MPO's adopted resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi supports the Texas Department of Transportation (TxDOT) in its efforts to replace the Harbor Bridge and improve U.S. 181 in order to maintain a safe and efficient transportation corridor for the Corpus Christi Bay Area. Section 2. The City of Corpus Christi supports the Corpus Christi Metropolitan Planning Organization (MPO) in its commitment to provide Category 2 and Category 7 funding over Fiscal Years 2017 — 2019 totaling $31,890,000 million for the replacement of the Harbor Bridge, as described in the Resolution adopted by the MPO's Transportation Policy Committee on May 2, 2013 (attached as Exhibit "A„ Section 3. The City of Corpus Christi intends to participate, to the maximum extent possible, in TxDOT's efforts to replace the Harbor Bridge. Section 4. The City of Corpus Christi intends to work with TxDOT to replace the Harbor Bridge as soon as possible. Section 5. This resolution becomes effective immediately upon its adoption. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor KAEngineering Data Exchange \Lynda \Harbor Bridge \Resolution Harbor Bridge (City).docx Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott KAEngineering Data Exchange \Lynda \Harbor Bridge \Resolution Harbor Bridge (City).docx Corpus Christi Metropolitan Planning Organization RESOLUTION TQ PROVIDE PUND|N43 FOR THE REPLACEMENT OF THE HARBOR BRIDGE WMERIEAS,The Te�6s Department of 'Transportation in cooperation with the Federal Highway Administration proposes to replace theexluhng Corpus Christ! Harbor Bridge And improve the approach roadways along UG181 and SH20(tand, WHEREAS, the existing Harbor Bridge is a six lane structure with no, shoulders,., and. VVHEH8AS, the bridge currently has 188-fuui vertical clearance for mwWng water vessels within the Corpus QhrNti inner harbor: and, WHEREAS, the proposed project is needed to address several long-term concerns including: in l | 0 the long-term operation of US 181 crossing the Corpus OhHod Ship Channel and the e||m|Vu(|pn of safety risks caused hy design deficiencies: and, WHEREAS, Th.eUoryue Christi Metropolitan Planning Organization (KAPO)Is authorized by law to commit future projected transportation pndect(undioge||noat*dtothoorbanizedmroa:mod. WHEREAS, the MPO is tasked with developing plans for a mullirnodal system within the urbanized area: and, WHEREAS, the W1PO has had. and will continue to have, a representative m|o in the deva|opment of the urbanized area: and, WHEREAS, (haTmaueporiakhn Policy Committee OJzC\ comprised primarily of kouo| elected pU|oiMo^ and has been and continues tobea forum for cooperative decisions ontransportation; NOW, THEREFORE, 8E IT RESOLVED BY THE TRANSPORTATION POLICY COMMITTEE OF THE -' CORPUS CHRISTI METROPOLITAN PLANNING ORGANIZATION THAT: {bectil��� ' Commission approved 2013 Unified Transportation Program (U|P) for Category 2 and Category 7: ae [on P- These funds.are follows" I Fiscal Year - M3 UTP for fiscal Vears as 2017 $(jlu;ju,uuu 4' o,00V,VuV 2019 '0 M3,5001000 $ 13,500000 Section 3, k-N' ��mNteo � � ��TP���n�h�n� shall be incorporated Into the appropriate Transportation Improvom*ni Program \o 000una Wm uw� ofthosebndxhxthoHad»orBddgeRaplaoemortPnojeot. �i�octhon 4. The Transportation Planning Director for MPO is authorized to enter in any agreements with TxDOTto pledge the use �i those projected funds for the Harbor Bridge Replacement Project. SectioD 5 This resolution shall bein effect, immediately upon its adoption. I hereby certify that this resolution was adopted hythqTransportation Organization on May 2, 2013. 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Z, ✓ � ' f �° � s r'� /rr /y` �� �nt '.. r,. ���/ jl 31r i' �h�s��sYTt f. `:Y" �}�,%h _✓�� r� ✓ :srrr'lr ys.ixt? � {�'F�i rZa � S�Yr,�t ✓ tp% �iy�r ''I}.�f1������sf`sr�.rr'�i,�. =�in�4f � n,,. ': / � � o r� � �f r f �"S �?� �� Z < � K� s r ,,,.nit=s . '"`Z�iN S'IS 7yr=Sanr s , sa��" t ./y, s n tI r t� c ». r /}6 '/y / /� ✓_ / /-` r ��rS t r'a "_. a rTrl /�{�rlr xK ff � PROJECT LOCATION > </ ., I E '�Pt��.T - /� / � `y �� � s a� ����Jk� ' � s � t3sn✓''> � ���/ r � tt � �� �/n �i s / si t n u b. f ., �, �"�` t � �1�� yyi �.�" ," (c` k // S : // /G'Y'�r ✓l / f// ' /r/ l � j. f } rr APL r> s 3t fra�t/ rr SITE LOCATION NOT TO SCALE HARBOR BRIDGE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS . DEPARTMENT OF ENGINEERING SERVICES REPLACEMENT PAGE: 1 of 1 aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 15, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Installation of LED Street Lights on Chaparral between William and Schatzell Bond Issue 2008 CAPTION: Motion authorizing the City Manager or designee to execute a Contribution -In- Aid -of- Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED Street Lights on Chaparral Street between William and Schatzell. (Bond 2008) PURPOSE: To provide authority to enter into an agreement with AEP to install LED Street Lights on Chaparral Street between William and Schatzell. BACKGROUND AND FINDINGS: The motion before you is limited to providing authority to execute a Contribution -In- Aid -of- Construction Agreement with AEP in the amount of $51,032.14 to purchase and install LED Street Lights only on Chaparral Street between William and Schatzell. The City would be paying AEP a one -time expense for the installation of the lights and a monthly energy consumption charge at certain trial rates. According to AEP, lighting the area on Chaparral Street from William to Schatzell will be less than it would be under the existing Municipal Street Lighting Service rate. ALTERNATIVES: 1. Do not authorize the agreement with AEP, 2. Provide street lighting on Chaparral Street with traditional non -LED lighting fixtures under a separate contract OTHER CONSIDERATIONS: The reconstruction of Chaparral Street from Williams to Schatzell was approved through Bond Issue 2008 as a demonstration project to develop the downtown area into an attractive district for citizens and tourists alike. LED Lighting will illuminate the area at a cost savings to the City. CONFORMITY TO CITY POLICY: This item conforms to Ccity Ppolicy relating to contracts. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Engineering Services 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 $965,200.00 $5,051,584.41 $6,016,784.41 Encumbered /Expended 965,200.00 5,000,552.27 5,965,752.27 Amount This item 51,032.14 51,032.14 Future Anticipated Expenditures This Project BALANCE $0.00 $0.00 $0.00 Fund(s): Streets Bond 2008 Comments: Electrical consumption should be less in the area resulting, in lower energy costs. RECOMMENDATION: Staff recommends approval of the motion as presented.. LIST OF SUPPORTING DOCUMENTS: Location Map aSC o° AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 28, 2013 ss Action Item for the City Council Meeting of June 11, 2013 DATE: May 15, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Resolution in support of AEP Texas Central Company's LED Pilot Program & Installation of LED Street Lights on Chaparral between Williams and Schatzell Bond Issue 2008 CAPTION: Resolution supporting AEP Texas Central Company's (AEP) "LED Pilot Program" to provide LED Street Lighting Service on Chaparral Street and other mutually agreed to locations within the City of Corpus Christi; supporting any amendments to AEP's Tariff necessary to make the service available; and authorizing the City Manager or designee to execute a Contribution-In- Aid -of- Construction Agreement with AEP in the amount of $51,032.14 for the installation of LED Street Lights on Chaparral Street between William and Schatzell. (Bond 2008) PURPOSE: To support of AEP's LED Pilot Program, any amendment to AEP's Tariff needed to implement the Program, and to provide authority to enter into an agreement with AEP to install LED Street Lights on Chaparral Street between William and Schatzell. BACKGROUND AND FINDINGS: AEP approached the City about participating in a pilot program for AEP -owned and maintained LED street lighting fixtures installed for the purpose of illuminating public streets, highways and parking lots. Under this program, the City would pay a one -time expense for the installation of the lights and a monthly energy consumption charge. If the program works as anticipated, costs for lighting the designated pilot area on Chaparral Street from William to Schatzell will be less than the existing Municipal Street Lighting Service rate. If the program is successful the City and AEP could agree to add more city streets to the program and expand AEP's LED lighting service to other locations within the city limits. LED lights last indefinitely and don't need to be replaced unless damaged. They provide a brighter light and consume less energy. This, with the increased life span should ultimately result in a cost savings to the City. ALTERNATIVES: 1. Do not support the LED Lighting Pilot Program; 2. Do not authorize the agreement with AEP; 3. Provide street lighting on Chaparral Street with traditional non -LED lighting fixtures OTHER CONSIDERATIONS: The reconstruction of Chaparral Street from Williams to Schatzell was approved through Bond Issue 2008 as a demonstration project to develop the downtown area into an attractive district for citizens and tourists alike. This LED Lighting Pilot Program will enhance the area with better lighting than originally planned at a cost savings to the City. CONFORMITY TO CITY POLICY: This item conforms to City Policy for relating to a Contribution -In- Aid -Of- Construction Agreement. EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Engineering Services 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 $965,200.00 $5,051,584.41 $6,016,784.41 Encumbered /Expended 965,200.00 5,000,552.27 5,965,752.27 Amount This item 51,032.14 51,032.14 Future Anticipated Expenditures This Project BALANCE $0.00 $0.00 $0.00 Fund(s): Streets Bond 2008 Comments: Electrical consumption should be less in the area resulting in lower energy costs. RECOMMENDATION: Staff recommends approval of the Resolution in support of AEP's Tariff Amendment, the LED Lighting Pilot Program, and the Contribution -In- Aid -of- Construction Agreement.. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Location Map -ile : \ Mproject \councilexhibits \exhb510d.dwq -Vt l ECES B.A1 f. o �FRA�y o a RD e CORPUS � ° CHRISTI - Q AGNES AGNES � B.qy HM 44 o MORGAN CORPUS a CHRISTI z s ° ° INTERNATIONAL o eenR o �� AIRPORT AD "RM s PROJECT LOCATION McGLOIN RD. C W POINT O`OC� 0 � D�0 oz DDT<i A N M R �o 4° A D<P DCFAN o HO(< y Q A NMSDR DR ARgLDD4 6 gym`" OD o CAYD DEC OSD � AD LOCATION MAP Qu L z LEOPARD ST Q Q Q Q Z z Z ch Q ch z o MESTINA z r o z z o z LIPAN ST N 0 N E z COMMANCCHE ST z Z n v Z N 0 R'S ALLEY a v z Q r z PROJECT # 6510 NOT TO SCALE _ PEOPLES AT SITE PLAN NOT TO SCALE p VJ' � N-1 DOWNTOWN STREET CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXS (CHAPARRAL) DEPARTMENT OF ENGINEERING SERVICES BOND ISSUE 2008 PAGE: 1 of 1 = ,� Cyr PH v AGENDA MEMORANDUM �aRPO,a,E Future Item for the City Council Meeting of May 28, 2013 1852 Action Item for the City Council Meeting of June 11, 2013 DATE: May 14, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Engineering Design Contract Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services for Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final). BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) has adopted more stringent restrictions on ammonia levels intended to protect grasses in the bay systems. The prior Oso Water Reclamation Plant (WRP) permit did not contain ammonia limit. A renewal of permit issued by TCEQ on April 29, 2011 required the effluent ammonia of the Oso WRP be in compliance with the new regulations on or before October 29, 2013. To attain compliance within timeframe, the City adopted a strategy of implementing Phase 1 (near -term) and Phase 2 (long -term) improvements at the Oso WRP. Phase 1 allows the City to implement cost effective improvements as a temporary means of meeting the new effluent ammonia requirements in the near -term while planning, designing, and implementing Phase 2 facility improvements. Phase 2 (this design contract) is a permanent long -term solution to meet the cost/benefit requirements and additional anticipated effluent regulations for the operation of the Oso WRP. Phase 1 improvements, under Construction Contract with CSA Construction of Houston, Texas approved by the City Council on February 26, 2013, are currently under construction and scheduled for completion in September 2013. The proposed scope of services of Phase 2 improvements has been broken into two sections referred to as Stage I and Stage 11. Stage I includes the Phase 2 Oso WRP facility upgrades necessary for the plant to meet additional anticipated regulatory requirements, provide additional treatment capacity to meet projected increased plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 improvements. Stage 11 includes Laguna Madre Wastewater Treatment Plant (WWTP) decommissioning and transfer facility infrastructure which will divert Laguna Madre service flows to the re -rated Oso WRP. Closure of Laguna Madre WWTP will reduce future permit compliance and staffing requirements. ALTERNATIVES: 1. Execute the Contract for Professional Services with LNV, Inc. as proposed. 2. Do not execute the Contract for Professional Services with LNV, Inc. as proposed. OTHER CONSIDERATIONS: A cost/benefit analysis for the Oso WRP Nutrient Removal (Ammonia) project was completed by LNV, Inc. in April 2013. The purpose of the analysis was to provide background information on the Phase 2 improvements, summarize its advantages and disadvantages, and show the economic financial impacts of implementing these improvements. The memo developed the life -cycle cost estimates with as much confidence as possible given the state of the conceptual design. Life cycle costs represent the total cost incurred over the life span of a project, including design, construction, and operation and maintenance (O &M) costs. All cost estimates were shown in 2013 dollars and were broken into multiple components such as capital construction, construction contingency, project administration, engineering design, and O &M costs. It should be noted that due to the additional permitting requirements anticipated in upcoming Texas Pollutant Discharge Elimination System renewals, the growth of the Southside service area, and the age of the Oso WRP, there is not a realistic, viable "do nothing" option. Major facility improvements must be implemented in order to address each of these concerns. As a result, the memo identified the consequences of not moving forward with the Phase 2 improvements and describes the necessary projects that would be necessary in lieu thereof. The total project costs for Oso WRP Phase 2 Improvements, including decommissioning of the Laguna Madre WWTP, is $99.5M with an estimated O &M cost over the next 20 years of $66.5M bringing the Total Lifecycle cost to $166M. On the other hand, the total project costs associated with not implementing Phase 2 is $129M with an estimated O &M cost of $143M which results in a Total Lifecycle cost of $272M. As a result, if the Phase 2 recommendations are implemented, the estimated savings to the City is $106 million over the next 20 years. The Life -Cycle costs are summarized in the table below. ALTERNATIVE PROJECT O &M COSTS LIFEOYCLE COSTS CASTS (Present Value) (20 Years) Phase 2 Improvements $99,439,000 $66,440,000 $165,879,000 Not Implementing Phase 2 $128,990,000 $143,160,000 $272,150,000 Improvements PRESENT VALUE SAVINGS $29,551,000 1 $76,720,000 1 $106,271,000 CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater Capital Improvement Planning (CIP) Budget EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fund(s): Wastewater CIP #17 Comments: The completion of Stage I requires approximately 2,160 calendar days with anticipated completion April 2019 and Stage II requires approximately 1,490 calendar days and will have a staggered start so anticipated completion is June 2019. During preliminary design of both contracts, the feasibility of a project delivery option for Construction Management at Risk (CMAR) will be considered in terms of schedule and budget efficiency enhancements. The subject request will result in the expenditure of an amount not to exceed $9,998,629.00. This amount will be funded over several years, with FY13 funding in the amount of $520,000.00 and future funding will be required in the amount of $9,478,629.00 to complete the contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Technical Memorandum No. 6 Technical Memorandum No. 9 Project to Date Fiscal Year: Expenditures 2012 -2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $540,000.00 $99,450,000.00 $99,990,000.00 Encumbered / Expended Amount $0.00 This item $520,000.00 $9,478,629.00 $9,998,629.00 Future Anticipated Expenditures This Project $20,000.00 $89,420,000.00 $89,440,000.00 BALANCE $0.00 $551,371.00 $551,371.00 Fund(s): Wastewater CIP #17 Comments: The completion of Stage I requires approximately 2,160 calendar days with anticipated completion April 2019 and Stage II requires approximately 1,490 calendar days and will have a staggered start so anticipated completion is June 2019. During preliminary design of both contracts, the feasibility of a project delivery option for Construction Management at Risk (CMAR) will be considered in terms of schedule and budget efficiency enhancements. The subject request will result in the expenditure of an amount not to exceed $9,998,629.00. This amount will be funded over several years, with FY13 funding in the amount of $520,000.00 and future funding will be required in the amount of $9,478,629.00 to complete the contract. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $9,998,629.00, for the Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 (Final) for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint Technical Memorandum No. 6 Technical Memorandum No. 9 PROJECT BUDGET Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD Phase 2 (Final) FUNDS AVAILABLE: Wastewater CIP FY 2013 ..................................................... ............................... 540,000.00 Wastewater CIP FY 2014 ..................................................... ............................... 3,200,000.00 Future Wastewater CIP Request ............................................ ............................... 96,250,000.00 TOTAL AVAILABLE ............................................................ ............................... 99,990,000.00 FUNDS REQUIRED: Construction Estimate with 30% contingencies .......................... ............................... $80,969,000.00 Engineer: Design Engineer (LNV, Inc.) .................................................. ............................... 9,998,629.00 Testing ( Estimate) ............................................................... ............................... 811,000.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ....... ............................... 1,550,000.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) .......... ............................... 2,800,000.00 Construction Observation Services ......................................... ............................... 2,800,000.00 Finance............................................................................. ............................... 310,000.00 Misc. (Printing, Advertising, etc.) ............................................ ............................... 200,000.00 TOTAL............................................................................. ............................... $99,438,629.00 ESTIMATED PROJECT BUDGET BALANCE .......................... ............................... $551,371.00 councilexhibits \exhE12206. FAiNN i4 k, PROJECT LOCATION MAP NOT TO SCALE PROJECT #E12206 Oso Water Reclamation Plant Nutrient CITY COUNCIL EXHIBIT Removal and Re -rate to 24 MGD CITY CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES - Phase 2 (Final) 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 LNV. Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD -Phase 2 (Final) (Project No. E12206) - The Oso Water Reclamation Plant (WRP) is the largest of the six treatment plants in the City of Corpus Christi and is located at the corner of Ennis Joslin Road and Nile Drive, adjacent to the Texas A &M University- Corpus Christi Athletic Facility. The plant currently serves the large and growing service area on the City's south side which consists of approximately 24,143 acres and over 50% of the City's population. The Oso WRP is currently operating under a 20 milligrams per Liter (mg /L) BOD5 (5 -day biochemical oxygen demand) and 20 mg /L Total Suspended Solids permit and discharges into Oso Bay (Cayo del Oso) which is on the United States Environmental Protection Agency's list of impaired water bodies. The plant is operated with a current allocation of 16 staff members and produces an effluent quality that is in compliance with the Texas Commission on Environmental Quality's (TCEQ) Type II Reclaimed Water ( §210.32) regulations. The Oso WRP was originally constructed in 1941 and several expansion projects have occurred over the years. The most recent major upgrade to the Oso WRP was completed in 1982. The project consisted of converting the plant's activated sludge process to a contact stabilization process and upgrading the plant's treatment capacity to accommodate average daily flows (ADF) of 16.2 million gallons per day (MGD) and peak two - hourflows up to 98.0 MGD. The Oso WRP is currently configured as two parallel treatment trains; each rated at 8.1 MGD average daily flow. The Oso WRP currently treats about 11.3 MGD which represents approximately 70% of the plant's ADF design capacity and based on growth projections, this is expected to increase to approximately 15.2 MGD once the service area is completely developed. Per TCEQ regulations, design for increased capacity must be underway when flows to the plant reach 75% of design capacity. As mentioned above, the TCEQ has recently adopted more stringent restrictions on ammonia levels intended to protect sea grasses in the bay systems. On April 29, 2011, the TCEQ issued a renewal of the plant's Texas Pollutant Discharge Elimination System (TPDES) permit which included new effluent ammonia limits on 30 -day average, 7 -day average and daily maximum of 4 mg /L, 6mg /L and 10mg /L, respectively, along with a milestone compliance date on or before October 29, 2013. Prior to this renewal, the Oso WRP permit had not contained an ammonia limitation. The purpose of the compliance schedule was to provide sufficient time for the City to design, construct and commission the necessary improvements to meet this ammonia limit in the near -term. The existing contact stabilization configuration of the Oso WRP was designed to remove BOD efficiently, but is not well suited for ammonia removal nor is it allowed by TCEQ to be used as a nitrifying Contract for Engineering (A /E) Services Pagel of 5 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E12206 OSO WRP NUTRIENT REMOVAL & RE -RATE TO 24 MGD -PH 2 (FINAL) \CONTRACT \CONTRACT.DOC process to remove ammonia. As a result, major facility upgrades at the Oso WRP are necessary to comply with this new ammonia limit. It should also be noted there are indications from the regulators that Total Nitrogen (TN) and Total Phosphorus (TP) limits are likely to be imposed upon the Oso WRP within the next several permit renewal cycles. To attain compliance by October 29, 2013, the City adopted a strategy of implementing near -term (Phase 1) and long -term (Phase 2) improvements at the Oso WRP. This strategy allows the City to implement cost effective improvements as a temporary means of meeting the new effluent ammonia requirements in the near -term while planning, designing, and implementing the permanent long -term Phase 2 facility improvements following completion of other on -going major capital projects such as the New Broadway Wastewater Treatment Plant. Phase 1 improvements included the temporary Breakpoint Chlorination Facility (BPC) and Step Feed modifications which are currently under construction and are scheduled for completion in September 2013. Phase 1 will achieve compliance with the ammonia limitations in the City's discharge permit within the mandated timeframe. However, as a result of the increased operating and maintenance costs and added complexity to the operation of the plant, these improvements will not meet the cost /benefit requirements of a long -term solution. The proposed Phase 2 scope of service has been broken into two contracts referred to as Contract A and Contract B. Contract A includes the Phase 2 facility upgrades necessary for the plant to meet additional anticipated regulatory requirements, provide additional treatment capacity to meet projected increased plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 improvements. Technical Memorandum No. 6- Regulatory Compliance and Implementation Plan describes the major capital improvements necessary to meet the current and anticipated (future) effluent regulations. Contract B includes the decommissioning of the Laguna Madre Wastewater Treatment Plant (WWTP) and a transfer pump station. Technical Memorandum No. 9 -Oso WRP Phase 2 Cost /Benefit Evaluation provides the background information on the drivers of the Oso WRP Nutrient Removal project, presents the results of a cost /benefit evaluation, and describes additional recommended improvements associated with the decommissioning and flow transfer from the Laguna Madre WWTP. This Phase 2 scope of service is intended to implement the improvements recommended in TM -6 and TM -9. At this time, this contract is based on the traditional project delivery method of design -bid- build for both Contracts A & B. However, City staff is currently investigating the feasibility, benefits and weaknesses of an alternative delivery method referred to as Construction Manager at Risk (CMAR). The preferred delivery method will need to be selected by the City prior to beginning the design phase (approximately 30% design level) and this contract will need to be modified appropriately if any alternative delivery methods are chosen. Contract for Engineering (A /E) Services Page 2 of 5 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E12206 OSO WRP NUTRIENT REMOVAL & RE -RATE TO 24 MGD -PH 2 (FINAL) \CONTRACT \CONTRACT.DOC 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 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 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 $9,998,629.00, (Nine Million Nine Hundred Ninety Eight Thousand Six Hundred Twenty Nine Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C ". Contract for Engineering (A /E) Services Page 3 of 5 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E12206 OSO WRP NUTRIENT REMOVAL & RE -RATE TO 24 MGD -PH 2 (FINAL) \CONTRACT \CONTRACT.DOC 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 70% 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 30% 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. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering (A /E) Services Page 4 of 5 K: \ENGINEERING DATAEXCHANGE \JENNIFER \WASTEWATER \E12206 OSO WRP NUTRIENT REMOVAL & RE -RATE TO 24 MGD -PH 2 (FINAL) \CONTRACT \CONTRACT.DOC Oscar R. Martinez, Lute Assistant City Manager Office of Management _ z and Budget Armando Chapa, City Secretary 0 - a 1� • • _ . 1• 1 � �" lLiii 1• Contract for Engineering (F/) Services Page 5 of 5 K \ENGINEERING DATAEXCHANGENJENNIFERIWASTEWATER1E12206 080 WRP NUTRIENT REMOVAL & RE -RATE To 24 MGD -PH 2 (FINAL)1CONTRAC- nCONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS OSO WATER RECLAMATION PLANT NUTRIENT REMOVAL AND RE -RATE TO 24 MGD - PHASE 2 FINAL CITY PROJECT E12206 I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed with a Preliminary Engineering Report (PER) which includes preliminary designs (30 %), drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations to the City. Coordinate all required services with the Geotech Lab. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff regarding the design parameters of the Project. The A/E will participate in multiple formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting as described in Exhibit A -1. The A/E will discuss the project with the operating department and other agencies, such as the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the PER, for review with City staff. PER will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements to be acquired, and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Engineering) standards (CI /ASCE 38 -02). Subsurface investigation will be paid as an additional service. 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including Engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 1 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well- defined proposed scope of design, probable cost estimates and design alternatives. 8) Provide a letter stating that the A/E and Sub - consultant Engineers have checked and reviewed the PER prior to submission. slubmission. pyT IV -aTTV efforts on rest s -avings toward City operations , ni Whirh this nrert Will f City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files) b. The preliminary budget, specifying the funds available for construction c. Aerial photography for the Project area d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans, as available from City Engineering files. f. Field location of existing city utilities. (A /E to coordinate with City Operating Department.) g. Provide applicable Master Plans. h. Provide bench marks and coordinates. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement PER recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one (1) bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 2 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. For the 60% and Pre -Final (100 %) submittal stages, A/E shall furnish one (1) set of the interim plans (electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system for utility manholes. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA /QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The A/E shall submit a letter declaring that all Engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. I. TTequ;fed r Feyide 4raffin r.e.ptrels irinl61doRg a Tr -affin r__e FI4rr\I DlaR ill6ImiF1atiGF1 `'' `1 0 0 0 rn r�s and �-ipiRgcinnaliza4inn and as rl�nea4� ythe��� T-FaffiG `^ � � � � � y �rrcr " y � purr zrvrr— cra delineated z CriniF1eeFi F1g Depal:4mept ED ,;,4- --- 11\ -4- ..f 4- k-;; --I /1!1!10%\ -1--, 1. I -A 4 4 ..- ,4--mr -,4 - 1 --+r.. ;^ 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 sole property and ownership of the City of Corpus Christi. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 3 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc m. 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. n. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. o. Provide a Storm Water Pollution Prevention Plan, if required. 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 recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A /E's design phase estimate required above, the A/E will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange 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 A /E's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 4 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.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 (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Process applications /estimates for payments to contractor b. Conduct the final acceptance inspection with the A/E B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting & Agency Coordination. (AUTHORIZED) Furnish the City all Engineering data and documentation necessary for all required permits. The A/E will prepare this Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 5 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Wetlands Delineation and Permit b. Temporary Discharge Permit c. NPDES Permit/Amendments d. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments e. Nueces County f. Texas Historical Commission (THC) g. U.S. Fish and Wildlife Service (USFWS) h. U.S. Army Corps of Engineers (USACE) i. United States Environmental Protection Agency (USEPA) j. Texas Department of Licensing and Regulation (TDLR) 2. Topographic Survey. (AUTHORIZED) A/E will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. A/E will also provide subsurface utility engineering (SUE) and land acquisition services as described in Exhibit A -1 and as required by the project. These services must be authorized by the Citv Drior to commencement of work. 3. Environmental Issues. (TBD) No Environmental issues have been identified and scoped with this contract amendment. Following the initiation of the design as directed by the City during the course of the project, the City may elect to amend the contract and negotiate a scope of work to: A. Provide environmental site evaluations and Archeology Reports that are needed for the Project. B. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 4. Construction Observation Services. (TBD) Provide a Construction Management Team consisting of a Project Representative (PR), Project Construction Inspector (PCI), and Project Administrative Assistant (PAA) as described in Exhibit A -1. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 6 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 1. General: PR will act as directed by and under the supervision of A /E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A /E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 7 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A /E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 5. Start -up & Training 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, as described in Exhibit A -1. Provide Training services as described in Exhibit A -1 Provide factory witness testing as described in Exhibit A -1. 6. 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. 7. SCADA & O &M Documentation. Provide standardized SCADA documentation, which will include PFDs, P &IDs, loop sheets, logics, SCADA architecture, DCS 1/0 lists, instrument lists, tie -in lists, piping lists, equipment lists, and instrumentation specification sheets. The construction documents will include the requirements within the Construction Contract and specifications that the Contractor is to prepare SCADA documents as specified, for submission to the A/E for review and approval. A/E will provide the final SCADA documentation to City in organized format when approved. Prepare an Operation and Maintenance Manual for submittal to TCEQ as required by 30 TAC Chapter 217. Incorporate review comments and develop a FINAL O &M Manual as accepted by TCEQ. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 8 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc 8. Public Involvement. (ALLOWANCE) Provide authorized services as described in Exhibit A -1. 9. Conformed Contract Documents. Provide authorized services as described in Exhibit A -1. 10. Existing Facilities Condition Assessment. (AUTHORIZED) Provide authorized services as described in Exhibit A -1. 11. Filtration & UV Disinfection Feasibility Study. (AUTHORIZED) Provide authorized services as described in Exhibit A -1. 12. Windstorm Certification. Provide all required services for Wnstorm Certification as described in Exhibit A -1. 13. Peer Review Coordination & Response. (AUTHORIZED) Provide authorized peer review coordination and response services as described in Exhibit A -1. 14. LMWWTP Decommissioning. Provide authorized services as described in ExhibitA -1. 15. Biogas /Natural Gas Onsite Cogeneration. (AUTHORIZED) Provide authorized services as described in Exhibit A -1. 16. Oso WRP Energy Audit. (AUTHORIZED) Provide authorized services as described in Exhibit A -1. 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." 2. SCHEDULE The detailed project schedule for each design task and construction phase is provided in Appendix B. In addition, a preliminary project cost breakdown by fiscal year is shown for design, construction, contingency and inspection. 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A. 1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The A/E 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 ENGINEER's estimate (and City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A /E's monthly statements. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 9 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc B. Fee for Additional Servic Services under Section 1. B. fee as per the table below: C. Summary of Fees Table es. For services authorized by the Director of Engineering "Additional Services," the City will pay the A/E a not -to- exceed NOTES: " Rates have been escalated to the midpoint of construction for each contract. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 10 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc CONTRACTA* (OSO WRP) CONTRACTB* (LMWWTP) TOTAL BASIC SERVICES 1. Preliminary Phase* $1,293,283 $620,514 $1,913,797 2. Design Phase* $2,564,148 $1,230,252 $3,794,400 3. Bid Phase* $71,410 $34,060 $105,470 4. Construction Phase* $862,552 $414,788 $1,277,340 Subtotal Basic Services $4,791,393 $2,299,614 $7,091,007 ADDITIONAL SERVICES (ALLOWANCE) 1. Permitting & Agency Coordination* (AUTHORIZED) $129,083 $97,100 $226,183 2. Topo Survey & Land Acquisition (AUTHORIZED) $82,944 $157,066 $240,010 3. Environmental Issues (TBD) $0 $0 $0 4. Construction Observation Services (TBD) $0 $0 $0 5. Start -Up & Training* $250,068 $59,008 $309,076 6. Warranty Phase* $88,086 $24,876 $112,962 7. SCADA & O &M Documentation* $166,461 $35,220 $201,681 8. Public Involvement* $12,037 $12,057 $24,094 9. Conformed Contract Documents* $82,428 $34,790 $117,218 10. Exist. Facilities Condition Assessment (AUTHORIZED) $295,390 $0 $295,390 11. Filtration & UV Disinfection Study (AUTHORIZED) $94,358 $0 $94,358 12. Windstorm Certification* $86,456 $20,904 $107,360 13. Peer Review - Coord. & Response* (AUTHORIZED) $367,305 $88,068 $455,373 14. LMWWTP Decommissioning* $0 $299,840 $299,840 15. Biogas /Natural Gas Onsite Cogen. (AUTHORIZED) $152,661 $0 $152,661 16. Oso WRP Energy Audit (AUTHORIZED) $271,416 $0 $271,416 Subtotal Additional Services $2,078,693 $828,929 $2,907,622 TOTAL FEE $6,870,086 $3,128,543 $9,998,629 NOTES: " Rates have been escalated to the midpoint of construction for each contract. Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL, City Project E12206 EXHIBIT "A" May 7, 2013 Page 10 of 10 JACorpus Christi \130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A.doc EXHIBIT "A -1" SCOPE OF WORK CITY OF CORPUS CHRISTI OSO WATER RECLAMATION PLANT NUTRIENT REMOVAL AND RE -RATE TO 24 MGD - PHASE 2 FINAL CITY PROJECT NO.E12206 TABLE OF CONTENTS Page 1 PRELIMINARY DESIGN PHASE ...................................................................... .............................14 1.1 GENERAL DESIGN CRITERIA ......................................................................... .............................14 1.1.1 HYDRAULIC PROFILE AND PROCESS MASS BALANCE DEVELOPMENT .......................... 15 1.1.2 CIVIL -SITE DESIGN CONCEPT ...................................................................... ............................... 15 1.1.3 PRELIMINARY DRAINAGE REPORT ............................................................ ............................... 16 1.1.4 UTILITY COORDINATION .............................................................................. ............................... 16 1.1.5 POWER DISTRIBUTION, STANDBY POWER, AND ONE -LINE DIAGRAMS ......................... 16 1.1.6 CONTROL SYSTEM PLANNING AND SYSTEM ARCHITECTURE DIAGRAMS .................... 16 1.1.7 PLANT SUPPORT SYSTEMS ........................................................................... ............................... 17 1.2 TREATMENT PROCESS UNITS DESIGN CRITERIA .................................. .............................17 1.2.1 INFLUENT PUMP STATION DESIGN ............................................................ ............................... 17 1.2.2 HEADWORKS DESIGN .................................................................................... ............................... 17 1.2.3 AERATION BASIN AND PROCESS AIR SYSTEM IMPROVEMENTS DESIGN ....................... 17 1.2.4 ODOR CONTROL SYSTEM DESIGN .............................................................. ............................... 18 1.2.5 DISINFECTION SYSTEM UPGRADES DESIGN ............................................ ............................... 18 1.2.6 LAGUNA MADRE WWTP TRANSFER STATION & FORCE MAIN ........... ............................... 18 1.2.7 OSO WRP EFFLUENT LINE TO LMWWTP ................................................... ............................... 19 1.2.8 PRELIMINARY P &IDS ..................................................................................... ............................... 19 1.2.9 FUTURE FACILITIES ........................................................................................ ............................... 20 1.3 GEOTECHNICAL COORDINATION ............................................................. ............................... 20 1.4 ARCHITECTURAL CONCEPTS DEVELOPMENT ..................................... ............................... 20 1.4.1 LANDSCAPING CONCEPT .............................................................................. ............................... 21 1.5 PRELIMINARY DESIGN PACKAGE ............................................................. ............................... 21 2 DESIGN PHASE .................................................................................................. ............................... 23 2.1 GENERAL DESIGN ............................................................................................ ............................... 23 2.1.1 GENERAL ............................................................................................................. .............................23 2.1.2 HYDRAULIC PROFILE AND PROCESS MASS BALANCE DEVELOPMENT .......................... 23 2.1.3 CIVIL -SITE DESIGN ......................................................................................... ............................... 23 2.1.4 FINAL DRAINAGE REPORT ............................................................................ ............................... 24 2.1.5 UTILITY COORDINATION .............................................................................. ............................... 24 2.1.6 POWER DISTRIBUTION, STANDBY POWER, AND ONE -LINE DIAGRAMS ......................... 24 2.1.7 PLANT CONTROL SYSTEM ............................................................................ ............................... 24 U: \Corpus Christ i\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract\2013 -05 -07 Oso PH2 - EXHIBIT A -1.doa Phase 2 TOC i Scope of Work 2.1.8 PLANT SUPPORT SYSTEMS ........................................................................... ............................... 25 2.1.9 MAINTENANCE OF PLANT OPERATIONS .................................................. ............................... 25 2.2 TREATMENT PROCESS UNITS ..................................................................... ............................... 25 2.2.1 INFLUENT PUMP STATION DESIGN ............................................................ ............................... 25 2.2.2 HEADWORKS DESIGN .................................................................................... ............................... 26 2.2.3 AERATION BASIN AND PROCESS AIR SYSTEM IMPROVEMENTS DESIGN ....................... 26 2.2.4 ODOR CONTROL SYSTEM DESIGN .............................................................. ............................... 26 2.2.5 DISINFECTION SYSTEM UPGRADES DESIGN ............................................ ............................... 26 2.2.6 ARCHITECTURAL, MECHANICAL AND ELECTRICAL DESIGN ............. ............................... 27 2.2.7 STRUCTURAL ................................................................................................... ............................... 27 2.2.8 LANDSCAPE ARCHITECTURE ....................................................................... ............................... 27 2.3 60% DESIGN — PLANS & SPECIFICATIONS ............................................... ............................... 28 2.4 100% PRE -FINAL DESIGN - PLANS AND SPECIFICATION .................... ............................... 29 2.5 FINAL DESIGN — CONSTRUCTION DOCUMENTS .................................... ............................... 29 3 BIDDING PHASE ................................................................................................ ............................... 30 3.1 PRE -BID CONFERENCE .................................................................................. ............................... 30 3.2 BIDDING COORDINATION AND ADDENDA PREPARATION ................ ............................... 30 3.3 BID EVALUATION AND RECOMMENDATION OF AWARD .................. ............................... 31 4 CONSTRUCTION PHASE ................................................................................. ............................... 31 4.1 GENERAL PROJECT ADMINISTRATION AND MEETINGS ................... ............................... 32 4.2 CHANGES ORDERS .......................................................................................... ............................... 34 4.3 PERFORM SITE VISITS ................................................................................... ............................... 35 4.4 REVIEW SUBMITTALS AND TEST RESULTS ............................................ ............................... 36 4.5 ISSUE INTERPRETATIONS AND CLARIFICATIONS ............................... ............................... 37 4.6 LANDSCAPE ARCHITECTURE ...................................................................... ............................... 38 4.7 SUBSTANTIAL COMPLETION /FINAL ACCEPTANCE INSPECTION ... ............................... 38 4.8 RECORD DRAWINGS ....................................................................................... ............................... 39 1 PERMITTING & AGENCY COORDINATION ( AUTHORIZED) ............... ............................... 40 1.1 BUILDING PERMIT/ INDUSTRIAL EXEMPTION AFFIDAVIT ............... ............................... 40 1.2 GENERAL AGENCY COORDINATION ........................................................ ............................... 40 1.3 PERMIT AMENDMENT APPLICATION ....................................................... ............................... 41 1.3.1 PREPARATION OF PERMIT AMENDMENT APPLICATION ...................... ............................... 42 1.3.2 SUPPORT DURING TECHNICAL PROCESSING OF PERMIT ..................... ............................... 43 1.3.3 MEETINGS DURING PERMIT AMENDMENT APPLICATION ................... ............................... 43 1.4 SPECIAL PERMITTING SERVICES (TBD) .................................................. ............................... 44 2 TOPOGRAPHIC SURVEY (AUTHORIZED) ................................................. ............................... 45 2.1 SITE SURVEY ..................................................................................................... ............................... 45 2.2 SUBSURFACE UTILITY ENGINEERING (SUE) ( ALLOWANCE) ............ ............................... 45 3 ENVIRONMENTAL ISSUES ( TBD) ................................................................. ............................... 47 4 CONSTRUCTION OBSERVATION SERVICES ( TBD) ................................ ............................... 47 5 START -UP & TRAINING SERVICES ............................................................. ............................... 47 5.1 FACILITIES START- UP .................................................................................... ............................... 47 5.2 TRAINING ........................................................................................................... ............................... 48 5.3 FACTORY WITNESS TESTING ...................................................................... ............................... 49 6 WARRANTY PHASE ......................................................................................... ............................... 49 7 SCADA AND O &M DOCUMENTATION ....................................................... ............................... 49 U: \Corpus Christ i\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract\2013 -05 -07 Oso PH2 - EXHIBIT A -1.doa Phase 2 TOC ii Scope of Work 7.1 SCADA DOCUMENTATION ............................................................................ ............................... 49 7.2 ELECTRONIC OPERATIONS AND MAINTENANCE MANUAL ............. ............................... 50 7.2.1 ORGANIZE ELECTRONIC FORMAT AND SECURITY ............................... ............................... 51 7.2.2 COMPILE BACKGROUND INFORMATION .................................................. ............................... 52 7.2.3 STANDARD PROCESS -LEVEL CONTENT SECTIONS ................................ ............................... 53 7.2.4 FACILITY -WIDE REFERENCE SECTIONS .................................................... ............................... 56 8 PUBLIC INVOLVEMENT ( ALLOWANCE) ................................................... ............................... 57 9 CONFORMED CONTRACT DOCUMENTS .................................................. ............................... 58 10 EXISTING FACILITIES CONDITION ASSESSMENT (AUTHORIZED) . ............................... 58 11 FILTRATION AND UV DISINFECTION FEASIBILITY STUDY (AUTHORIZED) ............... 60 12 WINDSTORM CERTIFICATION .................................................................... ............................... 62 13 PEER REVIEW COORDINATION AND RESPONSE (AUTHORIZED) ... ............................... 63 13.1 EVALUATION OF ALTERNATIVE DELIVERY METHODS .................... ............................... 64 14 LMWWTP DECOMMISSIONING ................................................................... ............................... 65 14.1 DECOMMISSIONING ....................................................................................... ............................... 66 14.2 CLOSURE PLAN ................................................................................................ ............................... 67 14.3 CLOSURE REPORT ........................................................................................... ............................... 67 15 BIOGAS /NATURAL GAS ONSITE COGENERATION ( AUTHORIZED) . ............................... 68 16 OSO WRP ENERGY AUDIT (AUTHORIZED) .............................................. ............................... 69 16.1 ELEMENTS OF THE AUDIT REPORT .......................................................... ............................... 71 16. 1.1 HISTORIC ENERGY CONSUMPTION ............................................................ ............................... 71 16.1.2 FACILITY OR MEASURE DESCRIPTION: .................................................................................... 71 16.1.3 EQUIPMENT LIST: ........................................................................................................................... 72 16.1.4 ENERGY CONSERVATION MEASURES: ..................................................................................... 72 16.1.5 LIMITATIONS .................................................................................................... ............................... 73 LIST OF TABLES Table1 Design Team ...................................................................................................... ..............................7 Table2 Project Workshops ............................................................................................ .............................10 Table 3 Condition Assessment Structures and Processes ............................................... .............................58 Table 4 Type I Reclaimed Water Quality Standards ...................................................... .............................61 U: \Corpus Christ i\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 - EXHIBIT A -1.doa Phase 2 TOC iii Scope of Work GENERAL INFORMATION The Oso Water Reclamation Plant (Oso WRP) serves a large and growing portion of the City of Corpus Christi, Texas (City). Significant facility upgrades are necessary for the plant to meet anticipated regulatory requirements, future plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 Breakpoint Chlorination (BPC) Facility. The BPC Facility is currently being constructed as a temporary means of meeting the plant's new effluent ammonia requirements in the short-term while planning, designing and implementing the permanent long -term Phase 2 improvements. Technical Memorandum No. 6 — Regulatory Compliance and Implementation Plan completed in Phase 1 describes the major capital improvements necessary to meet the current and anticipated (future) effluent regulations. In addition, Technical Memorandum No. 9 — Oso WRP Phase 2 Cost/Benefit Evaluation provides the background information on the drivers of the Oso WRP Nutrient Removal project, presents the results of a cost/benefit evaluation, and describes additional recommended improvements associated with the decommissioning and flow transfer from the Laguna Madre WWTP. This Phase 2 scope of service is intended to implement the improvements recommended in TM -6 and TM -9. The LNV Team consisting of Jacobs, Colwell & Associates, and Alan Plummer Associates (LNV or Engineer), has been retained by the City to provide engineering services for the Oso WRP Nutrient Removal Project (Ammonia). On April 29, 2011, the Texas Commission of Environmental Quality (TCEQ) issued a renewal of the plant's Texas Pollutant Discharge Elimination System (TPDES) permit which included a new monthly effluent ammonia limit of 4 mg/L. Prior to this renewal, the Oso WRP permit did not contain an ammonia limitation. The renewed permit also included a compliance date of October 29, 2013 to meet the new ammonia limit. The purpose of the compliance schedule was to provide sufficient time for the City to design, construct, and commission the necessary improvements to meet this ammonia limit. Phase 1 of this project includes the temporary Breakpoint Chlorination Facility which is currently under construction and is scheduled for completion in August 2013. The near -term (temporary) solutions are described in more detail in Technical Memorandum No. 3 — Ammonia Removal Alternatives Evaluation dated January 3, 2012. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 1 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 Description of Project Scope The Oso WRP is the largest of 6 treatment plants owned and operated by the City of Corpus Christi. The most recent major upgrade to the Oso WRP was completed in 1982 when the plant's activated sludge process was converted to contact stabilization and designed to accommodate average daily flows of 16.2 MGD and peak hour flows of up to 98.0 MGD. Oso WRP produces an effluent quality that is in compliance with TCEQ's Type 11 Reclaimed Water ( §210.32) regulations. The Oso WRP is configured as two parallel trains; each rated at 8.1 MGD average daily flow. The contact stabilization configuration is designed to remove BOD efficiently, but is not well- suited for ammonia removal and is actually not allowed by TCEQ to be used as a nitrifying process. As a result, the long -term improvements will require major facility upgrades. Based on workshops the team conducted with the City, the Oso WRP upgrades must achieve the following goals and objectives: • Maintain regulatory compliance • Provide biological ammonia and total nitrogen removal • Provide accommodations for implementing future phosphorus removal • Provide Coliform and Enterococci removal and /or inactivation • Re -rate the average daily flow capacity to meet anticipated future flows • Maintain peak hour flow capacity of 98 MGD • Improve process automation and monitoring • Reduce process and maintenance costs • Reduce process odors • Provide operational and maintenance flexibility U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 2 Exhibit A -1 May 7, 2013 Phase 2 Improvements The Phase 2 improvements to meet the goals and objectives described above are described in detail in TM -6 and will consist of the following elements as shown in Appendix A: • Site Development & Yard Piping — additional cut/fill as needed for the final plant layout, paving, grading, and access roadways, and drainage improvements. Includes site landscaping, on -site miscellaneous yard piping, interconnecting process piping, tie -ins to existing and proposed treatment facilities and coordination with Oso WRP's existing hydraulic profile • New Influent Pump Station —80 MGD capacity, depending upon the results of the evaluation to either eliminate Lift Station No. 1 or consolidate Lift Stations No. 1 and No. 2 into a single submersible style station with dual wet wells; the influent pump station will include a building, flow measurement, pump hoisting system, and automated controls. • New Headworks — mechanical bar screens with associated washers /compactors for the screenings, vortex grit removal with grit pumps and classifiers, and flow splitting. • New Odor Control System — odor control system to serve both the new influent pump station and headworks • New Process Train No. 3 Aeration Basin — approximately 3 MG volume, anoxic and oxic zones, provisions to biologically remove phosphorus in the future, anoxic zone submersible mixers, fine bubble diffused aeration system, internal basin mixed liquor return (MLR) pumps and piping, return activated sludge piping, upgrades to the process air system (blowers & piping), and flow splitter structure • New Process Train No. 4 Aeration Basin — approximately 3 MG volume, anoxic and oxic zones, provisions to biologically remove phosphorus in the future, anoxic zone submersible mixers, fine bubble diffused aeration system, MLR pumps and piping, return activated sludge piping, upgrades to the process air system (blowers & piping), and flow splitter structure U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 3 Exhibit A -1 May 7, 2013 • Reconfigure Existing Process Train No. 1 & No. 2 (East and West) Aeration Basins — install new baffle walls to create anoxic zones, submersible mixers, fine bubble diffused aeration, diffused air piping, upgrades to the process air system, mixed liquor return (MLR) pumps and piping, walkways /catwalks, and return activated sludge piping • Upgrade Disinfection System — new chlorine solution pumping system, baffles, mixing, chlorine contact chamber mechanical internals • Electrical System Upgrades — overall site electrical for new process facilities, instrumentation and controls, two new electrical control rooms (ECRs), four (4) new standby electrical generators, relocation of two (2) existing generators, and area lighting • SCADA System — new plant -wide supervisory control and data acquisition (SCADA) system to monitor and control all new plant processes • Site and Civil Design — new yard piping to connect new process units, paving and grading, and landscape architectural elements • Maintenance Building — new facility with maintenance bays, shop, parts storage, storage, offices, restrooms, and locker rooms • Laguna Madre WWTP ( LMWWTP) Decommissioning & Transfer Pump Station — overall decommissioning and demolition of the entire treatment plant, 17.5 MGD lift station and force main to transfer wastewater flows from the LMWWTP service area to the Oso WRP, and effluent force main to transfer effluent from the Oso WRP back to the LMWWTP effluent line supplying the NASCC. These improvements are outlines and described in TM -9. • Condition Assessment of Existing Facilities — evaluate the condition, capacity, and treatment reliability of the existing facilities that will remain in service after the Phase 2 improvements are complete. Any additional design tasks associated with items identified in the condition assessment to be rehabilitated or replaced are not included in this scope and fee proposal, U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 4 Exhibit A -1 May 7, 2013 including the effluent outfall facilities, administration building belt press building, digesters, and clarifiers. Scope Limiting Assumptions The following scope limiting assumptions have been defined: • The total scope of the project will be delivered via one single contract (ie. one set of contract documents). • The Preliminary Project Schedule assumes the project will receive Notice to Proceed from the City no later than July 2013. • The City or Contractor will pay all fees associated with permit applications and plan review including City of Corpus Christi Development Services, Nueces County, TCEQ, and other agencies as required. • The starting point for this Design is based upon the major treatment processes and system recommendations in Technical Memorandum No. 6 — Regulatory Compliance & Implementation Plan. Upgrades or evaluations to the new existing Administration Building, Belt Press Solids Dewatering Building and /or those facilities identified during the condition assessment as requiring improvements are specifically omitted from the project. • This contract is based on the traditional project delivery method of design- bid -build for both Contracts A & B. However, City staff is currently investigating the feasibility, benefits and weaknesses of an alternative delivery method referred to as Construction Manager at Risk (CMAR). The preferred delivery method will need to be selected by the City prior to beginning the design phase (approximately 30% design level) and this contract will need to be modified appropriately if any alternative delivery methods are chosen. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 5 Exhibit A -1 May 7, 2013 Phase 2 Site Plan, Construction Estimate and Project Schedule The Phase 2 Preliminary Site Plan for the Oso Phase 2 improvements along with a preliminary routing plan for the LMWWTP transfers are shown in Appendix A. The Preliminary Construction Estimates are provided in Appendix B and the Preliminary Project Schedule is provided in Appendix C. The Preliminary Project Schedule takes into account a phased approach for all of the Phase 2 improvements and may require modification throughout the course of the Project. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 6 Exhibit A -1 May 7, 2013 Design Team City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 The firms involved in this Project are listed below in Table 1 with their respective disciplines: Table 1 Design Team Firm Disciplines LNV Inc. Project Management Condition Assessment - Structural General, Civil and Site Design LMWWTP Decommissioning LMWWTP Transfer Pump Station Process/Mechanical Design Structural Design Architectural Design Topographic Survey Subsurface Utility Engineering (SUE) Land Acquisition Cost Estimating — QA/QC SWPPP Construction Administration (TBD) Start -Up & Training Services Warranty Energy Audit Jacobs Engineering Process Unit Design & Criteria Condition Assessment — Mech/Process Process/Mechanical Design Plumbing/HVAC Design Cost Estimating Constructability Review Start -Up & Training Services SCADA & O &M Documentation Construction Administration (TBD) Bio as/Natural Gas Cogeneration Colwell & Associates Electrical Design (All facilities) Instrumentation & Controls Design (All Facilities Alan Plummer Associates, Inc. (APAI) Permitting & Agency Coordination (TBD) Landscape Architectural Design (if required) J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 7 Exhibit A -1 May 7, 2013 Design Standards The Engineer will be responsible for providing the work to meet the City of Corpus Christi standards. The Engineer will also comply with the following standards: All applicable Uniform and National codes along with the City amendments as adopted by ordinance • AWWA, NSF, ACI, ASTM, ANSI, etc., as applicable BASIC SER VICES Project Management Under this task, the Engineer will prepare a Project Procedures Manual (PPM) that will be distributed to all project team members. The Manual will be prepared by LNV's Project Manager and will contain the scope of work, project directory, communication protocols, schedule, budget, calendar, standards, and Quality Assurance /Quality Control procedures for the project. The PPM will document the plan to achieve timely project delivery, encourage the consistent application of cost control strategies, and devote the utmost attention to quality control. The Engineer will also track the Final Design and Construction Administration budget and schedule, coordinate and manage sub - consultants, prepare and submit invoices, and coordinate with the City's Project Manager. The Engineer will prepare and distribute monthly progress reports. LNV's Principal -in- Charge and Project Manager will meet monthly with the City's Project Manager to discuss the status and progress of the project. Manage the services of the firms providing design and construction management services for the completion of this project. Review the progress of the services being performed, prepare subconsultant agreements, determine correctness of partial payment requests, and process payment requests. Deliverables: Project Procedures Manual Monthly progress reports Monthly invoices J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 8 Exhibit A -1 May 7, 2013 Project Meetings City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 The Engineer will prepare and distribute written minutes of these meetings to the City and the Project Team. Action items and decisions shall be clearly identified in the notes. Kickoff Meeting The Engineer will conduct a project kickoff meeting with representatives of City and Project Team. The purpose of this meeting will be to initiate the project and develop a working understanding of the following: • Introduce the Project Team • Review project Scope of Work • Review project schedule • Identify information needed from the City • Identify City contacts • Establish communication protocol and project procedures • Develop a project meeting schedule Deliverables: Agenda Meeting notes Workshop Meetings Engineer will conduct regular meetings with the City and Project Team members, as appropriate, to address technical and administrative issues related to the project. These meetings will be used to conduct technical workshops. A maximum of twelve (12) workshop meetings during the Preliminary Design and Design phases are expected. Table 2 summarizes the anticipated workshop topics. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 9 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 Table 2 Proiect Workshops Topic of Workshop Subject Matter Condition Assessment Results and Results of condition assessment of existing Recommendations units and equipment to remain in service Filtration and Disinfection Alternative Results of the evaluation to upgrade the plant Analysis effluent to Type 1 and to use UV Disinfection Energy Audit & Biogas/Natural Gas Results of the evaluations and discussions on Onsite Cogeneration recommendations Basis of Design /Site Layout Flows & loads, mass balance, hydraulic profile, site layout I &C /SCADA SCADA protocol, equipment tagging, I &C standards plant controls stem Electrical/Power Distribution One -line diagrams, MCCs, standby power, etc. Identify the preferred equipment by Equipment Preferences manufacturer based on past experiences, availability, and maintenance Construction Phasing Constructability, maintaining operation, etc. Architectural & Landscape Color palette, design concepts, landscape Programming concepts, etc. Support Systems Potable water, drains, nonpotable water, etc. Preliminary (30 %) Design Present Draft PreliminaryDesign Reports 60% Design Present 60% design and cost estimate Fo% Pre -final Design Present 100% Pre -final design & cost estimate The purpose of these meetings will be to present design concepts and receive the City's opinions and comments. Items to be specifically addressed could be as follows: • Confirm configuration of process • Confirm systems and site layout • Identify control concepts • Identify architectural and structural preferences • Identify maintenance requirements and plant staff capability • Identify operational schemes U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 10 Exhibit A -1 May 7, 2013 • Identify tag numbering system • Gather data, records, drawings, and miscellaneous information • Identify project coordination and interfacing needs required to meet the project schedule Deliverables: Agenda Meeting Notes Project Meetings This task provides for meetings that pertain to the management of the project. The planned meetings and frequency are described below. The Engineer will prepare and distribute written results of these meetings to the City and the Team. Action items and decisions shall be clearly identified in the notes as a decisions log with the date the issue was identified, the individual raising the issue, the individual responsible for responding, the resolution /solution to the issue, and the resolution date. • Conduct monthly status meetings with the City project team to provide an update on project progress; receive information; coordinate the proposed design and construction activities under this contract with other proposed and ongoing design, construction, and maintenance activities; and to obtain direction and decisions from the City. Meetings will occur throughout Preliminary Design, Design, Bidding, and Construction phases of the project and will last approximately 2 hours, not including preparation and meeting notes. A total of 96 monthly meetings are planned over the duration of the project. • A total of six (6) targeted meetings with the City project team to discuss project issues will be scheduled. These meetings will be scheduled in advance to facilitate a focused, in depth discussion. Deliverables: Agenda Meeting Notes Internal Team Meetings U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 11 Exhibit A -1 May 7, 2013 The Project Team will meet on a bi- weekly basis to coordinate efforts and keep all team members informed about the project. The Engineer will conduct interdisciplinary coordination review meetings with its sub - consultants at the 30 %, 60 %, and 100% Pre -Final submittal stages. A total of 92 internal meetings are planned during the Preliminary and Design Phases. Deliverables: Agenda Meeting Notes Design and CAD Standards This task includes the development of design and CAD standards for the project. Design standards and typical design details will be developed for use on all portions of the project. Standard drawing setup, layering, and production standards will be implemented on all portions of the project. QA /QC Program This program includes the development and enforcement of QA/QC procedures and design and CAD Standards for Design. Reviews will be conducted for the 30 %, 60% and 100% Pre -final level of design completion. Design Quality Control Review The Engineer will provide the services of a Design Quality Control Committee (DQCC). The DQCC will be led by a Senior Engineer that will meet independently from the Design Team to review the 30 %, 60% and 100% Pre -final progress milestone submittals for technical merit, completeness of the drawings and specifications, and interdisciplinary coordination prior to submittal to the City. The Design Team and the DQCC will meet to review and resolve DQCC comments and suggested modifications to the progress milestone submittals. The comments and resolutions will be documented in a memorandum. The DQCC will be responsible for the following focused areas of review for each design submittal: • Consistency with the intent of the design concepts established in the Preliminary Design • Technical merit U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 12 Exhibit A -1 May 7, 2013 • Conformance with Engineer's Design Checklist • Conformance with Regulatory Agency and Development Services Design Checklists • Constructability • Operability and Maintainability Deliverables: Project QA/QC Manual Quality Control memo with review comments on design submittals Construction Quality Control Review The Engineer will provide the services of a Quality Control Committee (QCC) that will be led by the Project Manager that will meet independently to review the quality of construction and possible resolutions to construction situations that way arise. The QCC will be responsible for the following focused areas of review. • Construction Quality • Constructability • Operability and Maintainability U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 13 Exhibit A -1 May 7, 2013 I PRELIMINARY DESIGN PHASE Prior to the preparation of detailed plans and specifications, the Engineer will develop a Preliminary Design (30% Design) for the Phase 2 project elements. The purpose of the Preliminary Design phase is to develop an adequate definition of the Project to enable the Detailed Design phase to proceed without significant changes. A prerequisite to the preparation of plans and specifications is the development of a specific design agenda that incorporates the project site conditions and constraints, summarizes the rationale for each major detailed design decision, and contains design criteria including process control criteria and process descriptions for each component and system incorporated into the project. Another objective of Preliminary Design is to identify desirable equipment types, as well as the need to specify sole source procurement and /or equipment pre - purchase options. The selection and design of major process equipment will be based on technical factors, operability, and optimal lifecycle cost analysis. The results of Preliminary Design phase will be compiled into series of DRAFT Preliminary Design Reports (PDR) for the General Design Criteria task and for major project elements described in the Phase 2 Improvements section above. The PDRs will establish the design parameters, criteria, and concepts necessary for preparation of detailed plans and specifications. Each PDR will be delivered and presented to the City for a two (2) week staff review period followed by a resolution of comments at a regularly scheduled progress meeting. Each of the PDRs along with comments from the City will be incorporated in the FINAL Preliminary Engineering Report (PER), as appropriate, which will be submitted to TCEQ. Deliverables: Three (3) copies of each DRAFT PDR Three (3) copies of the FINAL PER and schematic drawings 1.1 General Design Criteria The Engineer will develop general Process Flow Diagrams and Design Criteria for all of the major process equipment and systems for each of the components associated with Phase 2. Also, a device numbering system, general notes, legends and symbols will be developed. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 14 Exhibit A -1 May 7, 2013 The Engineer will develop a preliminary staffing plan for the City to use in manpower planning to operate and maintain the Oso WRP after the Phase 2 Improvements are complete. Deliverables: Process Design Criteria, Process Flow Diagrams, Device Numbering System Preliminary Staffing Plan 133 Hydraulic Profile and Process Mass Balance Development The Engineer will prepare hydraulic profile calculations to reflect the proposed improvements. The Engineer will also revise the BioWinTM dynamic process model prepared in Phase 1 to (1) incorporate the recent hydraulic and waste loading of the plant to update the process mass loadings, (2) confirm the impact of the internal plant flow return stream from the new Belt Filter Press Solids Dewatering Building, and (3) determine the optimum process to incorporate biological phosphorus removal for the future. Deliverables: Hydraulic Profiles UpdatedBioWinTM Dynamic Process Model Process Mass Balances 1.1.2 Civil -Site Design Concept The Engineer will develop preliminary site plans taking into consideration setbacks, site access, interface with TAMU -CC access roads, topography, existing utilities, and landscaping. The Engineer will develop preliminary yard piping and grading and paving plans reflecting the proposed improvements. Preliminary site plans should include final property boundaries, easements, setbacks, zoning, floodplain delineations, topography, proposed structure locations, vehicular circulation (plant drives), finished floor or top of structure elevations, drainage patterns and major drainage features. The Engineer will identify items required by the City for initial site plan approval and make sure those features are shown on the site plan. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 15 Exhibit A -1 May 7, 2013 1.1.3 Preliminary Drainage Report The Engineer will update the on -site management of storm water runoff taking into consideration the proposed facilities. A Preliminary Drainage Report will be submitted to the City. Also included will be a draft update to the Storm Water Pollution Prevention Plan. Deliverable: Preliminary Drainage Report Draft Updated Storm Water Pollution Prevention Plan 13.4 Utility Coordination The Engineer will coordinate with the electric, telephone, and natural gas utilities to advise them of the City's utility service requirements. This will allow the utility companies to plan, design, and construct any off -site improvements needed to provide expanded service to the plant. Deliverables: Notes from meetings with the utility companies 1.1.5 Po wer Distribution, Standby Power, and One -Line Diagrams The Engineer will develop preliminary electrical one -line diagrams showing major equipment and method of providing power, determine estimated electrical equipment sizes for housing requirements and develop preliminary electrical load calculations. The Engineer will recommend appropriate stand- by power provisions. Deliverables: Power Feed Criteria, Stand -by Power Criteria, One -Line Diagrams 13.6 Control System Planning and System Architecture Diagrams For each treatment system, the Engineer will develop a control system architecture diagram, a process and instrumentation diagram, basic control logic description, and the method of control (either PLC or centralized data acquisition and control). Deliverables: Preliminary P &IDs Control System Architecture Diagram J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 16 Exhibit A -1 May 7, 2013 Preliminary Process Control Descriptions 1.1.7 Plant Support Systems The Engineer will develop design criteria for the support systems at the WWTP. This task includes the plant, potable, and fire protection water systems. 1.2 Treatment Process Units Design Criteria 1.2.1 Influent Pump Station Design The Engineer will develop general Process Design Criteria and preliminary layouts for the new lift station. The station will be housed in a building with a firm capacity of 80 MGD, depending on the condition assessment of Lift Station Nos. 1 and 2, and will be based on a wet -pit design with submersible pumps. It will also include flow measurement of the discharge of the station. The criteria will include recommendations for redundancy of pumping capacity. Deliverables: Process Design Criteria and Preliminary Process Unit Layouts Equipment Data Sheets 1.2.2 Headworks Design The Engineer will develop general Process Design Criteria and preliminary layouts for the new Headworks. The Headworks will contain the mechanical screening and grit removal processes. Like the other proposed buildings, this facility will be designed to be compliant with the architectural programming and aesthetic theme determined in this Preliminary Design. Deliverables: Process Design Criteria and Preliminary Process Unit Layouts Equipment Data Sheets 1.2.3 Aeration Basin and Process Air System Improvements Design The Engineer will develop general Process Design Criteria and preliminary layouts for the new Train 3 and Train 4 aeration basins and for the conversion of the existing East and West Trains into aeration U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 17 Exhibit A -1 May 7, 2013 basins that can biologically remove nitrogen. All trains will include anoxic and oxic zones, fine bubble diffused aeration system with diffusers, air distribution piping, control valves and flow meters, MLR pumps and piping, RAS piping, upgrades to the process air blowers, and provisions to biologically remove phosphorous in the future. Deliverables: Process Design Criteria and Preliminary Process Unit Layouts Equipment Data Sheets 1.2.4 Odor Control System Design The Engineer will develop general Process Design Criteria and preliminary layouts for the new odor control system(s) for the Influent Pump Station and the Headworks. Deliverables: Process Design Criteria and Preliminary Process Unit Layouts& Equipment Data Sheets 1.2.5 Disinfection System Upgrades Design Although major modifications to the disinfection system have been considered and found unnecessary, a study will be performed to determine whether the current hypochlorite feed system should be upgraded or modified with an additional metering pump system and whether the existing chlorine contact chambers would benefit from the installation of baffles to prevent short circuiting. The Engineer will develop general Process Design Criteria and a preliminary layout for the improvements recommended in the study. Deliverables: Disinfection System Upgrade Study Process Design Criteria and Preliminary Process Unit Layouts Equipment Data Sheets 1.2.6 Laguna Madre WWTP Transfer Station & Force Main The Engineer will develop general Process Design Criteria and preliminary layouts for the new transfer station at the LMWWTP. The station will be housed in a building with a firm capacity of 17.5 MGD U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 18 Exhibit A -1 May 7, 2013 and will be based on a wet -pit design with submersible pumps. It will also include flow measurement of the discharge of the station. The criteria will include recommendations for redundancy of pumping capacity and stand -by generators. Based on preliminary routing evaluation, the force main to Oso WRP will be approximately 35,500 linear feet and will consist of dual 20 -in lines. Deliverables: Design Criteria and Preliminary Site Layouts Equipment & Material Data Sheets 1.2.7 Oso WRP Effluent Line to LMWWTP The LMWWTP currently provides 300,000 to 500,000 gallons of effluent to the NASCC per day for irrigation of their golf course. With the decommissioning of the LMWWTP, it will be necessary to transfer effluent from the Oso WRP back to the LMWWTP effluent line. It is anticipated that this line will be 12 -in diameter and will parallel the transfer station's dual force mains. Deliverables: Design Criteria and Preliminary Routing Material Data Sheets 1.2.8 Preliminary P &IDs The Engineer will develop preliminary Process & Instrumentation Diagrams (P &ID), a control system architecture diagram, basic control logic description, and the method of control (either PLC or centralized data acquisition and control) for all of the processes that will be in service after the completion of Phase 2. Deliverables: Preliminary P &IDs Preliminary Process Control Descriptions Preliminary Instrumentation List Preliminary Input/Output (FO) Point Count List U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 19 Exhibit A -1 May 7, 2013 1.2.9 Future Facilities The Engineer will update the Site Plan to reflect how the Oso WRP could be expanded in the future after Phase 2 is complete. Deliverables: Updated Site Plan for Phase 2 and future phase(s) 1.3 Geotechnical Coordination The Engineer will identify the extent of subsurface geotechnical investigations as required to support the design of the new facilities and will coordinate this effort with the City's selected Geotechnical Engineer. The Engineer will prepare a draft scope of work for the Geotechnical Engineer that includes a vicinity map for the site, identifies the number of bores and bore locations (the Geotechnical Engineer will be consulted in identifying bore locations), and creates the bore location exhibit. The Engineer also will review the draft geotechnical report findings and recommendations. The report prepared by the Geotechnical Engineer should include discussions on the laboratory and test analyses, findings and recommendations of the investigation, exhibits, boring logs, detailed descriptions of surface and subsurface conditions, seismic conditions, geotechnical profile, and recommendations for all required foundations(including piers, if necessary) and roadways, and recommendations of any additional geotechnical investigations that are required for design. Geotechnical findings and recommendations should include soil bearing loads, lateral earth pressures, trenching, excavation and over - excavation, fill and backfill, structural and foundation design parameters, soil corrosiveness, and design pavement section design criteria. Deliverables: Draft Scope of Work for Geotechnical Engineer 1.4 Architectural Concepts Development The architectural concept of the new belt press facility and planned adjacent TAMU -CC development will be used to develop an architectural program for proposed improvements at the Oso WRP. The Engineer will provide the initial architectural concepts and will prepare architectural drawings, renderings and 3 -D model to illustrate what the plant improvements will look like. Of particular interest U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 20 Exhibit A -1 May 7, 2013 will be the view studies of the plant with regards to TAMU -CC. This task includes the evaluation of various building horizontal and vertical relief elements, architectural treatments, construction materials, surface finishes, and color palettes, and the cost impacts of the various alternatives. The goal of this task is to select a cost - effective architectural programming and aesthetic concept so that the plant will be compatible with the architecture of TAMU -CC and visually pleasing to other adjacent property owners and the motoring public on Ennis Joslin Road. Deliverables: Preliminary Architectural Program 1.4.1 Landscaping Concept The landscaping concept of the existing facilities and planned adjacent residential developments will be used to develop a landscaping program for proposed improvements at the WWTP. The Engineer will provide initial landscaping concepts to illustrate what the landscaping improvements will look like for both Oso WRP and the decommissioned LMWWTP. The concepts developed under this task will be used by the Engineer to prepare a preliminary site plan illustrating the location of the proposed landscaping improvements. Deliverables: Preliminary Landscaping Site Plan 1.5 Preliminary Design Package The process for distributing the final basic design criteria for this project will include preparation of a DRAFT and FINAL Preliminary Engineering Report (PER) that includes documentation of changes made subsequent to the Regulatory Compliance and Implementation Plan and documentation of the recommendations from the Preliminary Design Tasks. The PER will describe the modifications, upgrades, types of materials and equipment, layouts, and other design criteria. It will also include preliminary drawings developed to a 30 percent level of completion. The capital costs will be developed to a Class 3 cost level, as defined by the Association for the U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 21 Exhibit A -1 May 7, 2013 Advancement of Cost Engineering (AACE). Annual O &M costs, including any cost savings that may occur by implementing the recommended alternative, will also be developed. Deliverables: Level 3 Cost Estimate (included in PER) Three (3) copies of the DRAFT Preliminary Design Report (PDR) Three (3) copies of the FINAL Preliminary Engineering Report (PER) U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 22 Exhibit A -1 May 7, 2013 2 DESIGN PHASE The Engineering services to be provided under this stage of work will include services related to the final detailed design of the Phase 2 improvements. The intent of the Design Phase of this project is to prepare a set of Contract Documents to define the work of the Phase 2 Improvements project in such a manner that satisfies the needs of the City, the requirements of governing regulatory agencies, and clearly and completely conveys the design intent and requirements to the prospective Bidders and the awarded Contractor. The Engineer will prepare final detailed plans and technical specifications in accordance with the Preliminary Design and any adjustments to the Preliminary Design as suggested and authorized by the City. 2.1 General Design 23.1 General The Engineer will update the Process Flow Diagrams and Design Criteria for all of the major process equipment and systems from the Preliminary Design. Also, the device numbering system, general notes, legends, abbreviations, and symbols will be updated. 23.2 Hydraulic Profile and Process Mass Balance Development The Engineer will finalize the hydraulic profile to reflect any changes since Preliminary Design. The Engineer will also prepare the final process mass balances to reflect the hydraulic and waste loading of the plant and the internal plant flow streams (e.g., belt filter press return). 23.3 Civil -Site Design The Engineer will finalize the site plans taking into consideration setbacks, site access, access roads, topography, existing utilities, and landscaping. The Engineer will finalize the yard piping and the grading and paving plans reflecting the proposed improvements. Site plans should include final property boundaries, easements, setbacks, zoning, floodplain delineations, topography, proposed U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 23 Exhibit A -1 May 7, 2013 structure locations, vehicular circulation (plant drives), finish floor or top of structure elevations, drainage patterns and major drainage features. The Engineer will identify items required by the Planning Department for site plan approval and make sure those features are shown on the site plan. 23.4 Final Drainage Report The Engineer will update the on -site containment of storm water runoff taking into consideration the proposed facilities. The Engineer will also finalize the SWPPP for the plant. 23.5 Utility Coordination The Engineer will coordinate with the electric, telephone, and natural gas utilities to advise them of the City's utility service requirements due to the Phase 2 improvements. This will allow the utility companies to plan, design, and construct any off -site improvements needed to provide expanded service to the plant. 2.1.6 PowerDistribution, Standby Power, and One -Line Diagrams The Engineer will update the electrical one -line diagrams showing major equipment and method of providing power, determine estimated electrical equipment sizes for housing requirements and develop preliminary electrical load calculations. The Engineer will update the stand -by power provisions defined in the PDR along with one -line diagrams, electrical site plans, site lighting plans, conduit schedules, and panel schedules. 2.1.7 Plant Control System The existing plant controls will be replaced with a new SCADA system as described in the PDR. The system network diagram and the individual points to be monitored, measured, alarmed and controlled described in the PDR will be updated. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 24 Exhibit A -1 May 7, 2013 2.1.8 Plant Support Systems The Engineer will design the non - potable water distribution system, potable water, site fire protection systems, and site security upgrades. 23.9 Maintenance ofPlant Operations The Engineer will prepare Maintenance of Plant Operations (MOPO) plans to provide information to allow the Contractor to avoid interrupting the operation of new or existing treatment processes or units other than as coordinated with the City. The purpose of the MOPOs is to provide the Contractor a sequence to perform their construction activities in such a manner that uninterrupted treatment of the wastewater flows and continuous operation of all essential plant services and facilities are maintained throughout the construction period so that the Oso WTP is in compliance with all of the regulatory permit requirements at all times. This task also includes development of a plan for testing, startup, and initial operation of the Phase 2 improvements that is consistent with the anticipated sequence of construction. This plan will be developed with input from the City's operation and maintenance staff. 2.2 Treatment Process Units 2.2.1 Influent Pump Station Design The station will be housed in a building with a firm capacity of 80 MGD. The station will have a wet well with submersible pumps, be enclosed to contain odors, and have ducting to convey the foul air to the new odor control system. This facility will be designed to be consistent with the architectural programming and aesthetic theme determined in the Preliminary Design. The design will include redundant pumping capacity and will also include the measurement of the pump discharge flow. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 25 Exhibit A -1 May 7, 2013 2.2.2 Headworks Design The Headworks will contain the mechanical screening, screening compaction, and grit removal processes. The odor - generating areas will be enclosed and the foul air will be captured and conveyed to the new odor control system that will also serve the Influent Pump Station. This facility will be designed to be consistent with the architectural programming and aesthetic theme determined in the Preliminary Design. 2.2.3 Aeration Basin and Process Air System Improvements Design This includes the following: • New Train 3 south of the East Plant • New Train 4 south of the West Plant • Conversion of East Plant to biologically remove nitrogen • Conversion of West Plant to biologically remove nitrogen All trains will include anoxic and oxic zones, fine bubble diffused aeration, stainless steel process air distribution piping, process air valves and flow meters to control air flow to each zone of the basin, MLR pumps and piping, RAS piping, and upgrades to the process air blowers. The design will also be able to accommodate the future addition of an anaerobic zone to biologically remove phosphorus. 2.2.4 Odor Control System Design The Engineer will design a new bio- filter for the new odor control system for the Influent Pump Station and the Headworks. 2.2.5 Disinfection System Upgrades Design If determined to be needed in the Preliminary Design phase, the Engineer will design a metering pump feed system and baffles to prevent short circuiting within the existing chlorine contact chambers. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 26 Exhibit A -1 May 7, 2013 2.2.6 Architectural, Mechanical and Electrical Design The Engineer will provide architectural design services for the new Influent Pump Station and Maintenance Building along with the transfer station at the LMWWTP. This includes preparing final architectural drawings and specifications based upon the Preliminary Design. The drawings will include a site plan, site wall and gate, and for each building floor plans, roof plans, room finish schedules, door and window schedules, elevations, building sections, wall sections, stair plans and sections, and details for building components. Specifications anticipated include masonry, concrete, floor sealers, roofing system, metal flashings, miscellaneous metals, ladder to roof, stairs, railings, metal doors, steel gate, finished hardware, windows, glass and glazing, sealants, stucco, paint and stain finishes, fire extinguishers, and monorails. The Engineer will provide heating, ventilation, and air conditioning (HVAC), plumbing, and electrical design services for the Influent Pump Station and Maintenance Building. This includes preparing final drawings and specifications based upon Preliminary Design. The drawings will include floor plans, sections, schematics, fixture and equipment schedules, panel board schedules, and details for the HVAC, plumbing, and electrical building components. Specifications anticipated include HVAC equipment, air ducting, plumbing fixtures, and light fixtures. 2.2.7 Structural The Engineer will provide structural engineering design services. This includes preparing final structural drawings and specifications based upon the process unit and building layouts developed in the Preliminary Design. 2.2.8 Landscape Architecture The Engineer will provide, through a qualified subconsultant, landscape architecture design services. This includes preparing final landscape and irrigation drawings and specifications based upon the Landscape Concept developed in the Preliminary Design. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 27 Exhibit A -1 May 7, 2013 Deliverables: Graphic exhibits illustrating landscape design for public meetings 2.3 60% Design — Plans & Specifications The 60 percent design will include the preliminary front -end documents, preliminary technical specifications for major equipment items, development of control system strategies, preliminary piping, preliminary equipment lists, and instrumentation lists. Under this task, the conceptual drawings prepared under Preliminary Design will be developed into the 60 %Design level. The 60% drawings will include dimensioned piping and equipment drawings; structural and architectural layouts, elevations, and sections; and detailed P &ID schematics, and equipment electrical one -line diagrams, power plans, and lighting plans. The LNV Team will prepare 60 percent level of completion plans, which will be defined and consist of a level of completion by disciplines as follows: • Cover /Title Sheet 70% • Sheet List 90% • General /Standard Sheets 70% • Demolition 70% • Process Mechanical 70% • Civil 70% • Structural 70% • Architectural 70% • HVAC and Plumbing 60% • Instrumentation /Control 50% • Electrical One -Lines 60% The Team will prepare 60% complete specifications, which will generally include: • Specification index • Preliminary front end documents (Division 0) • General requirements (Division 1) • Completed process equipment specifications • Preliminary specifications for support disciplines J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 28 Exhibit A -1 May 7, 2013 2.4 100% Pre -final Design - Plans and Specification The 100% Pre -final Design segment is the continuation of detailing the plans and specifications. Work generally consists of addressing the review comments from the 60% design, completing typical and project details, completing specifications, and completing coordination between civil, process, mechanical, structural, architectural, electrical and control system designers. The Team will prepare 100% level of completion plans. The Team will prepare 100% complete specifications, which will generally include: • Revised front end documents (Division 0). • Revised general requirements of contract (Division 1) • O &M Manual equipment requirements (Division 1) • Curricula and O &M training requirements (Division 1) • Divisions of technical specifications (Division 2 to 48, as needed) All technical specifications will be prepared in accordance with the guidelines established by the Construction Specifications Institute (CSI) for Divisions 1 to 48. 2.5 FINAL Design — Construction Documents The intent of the FINAL Design is to assist the City with obtaining Building Permits, industrial exemptions and regulatory approvals from other agencies. The FINAL Design will incorporate the comments received from the City and regulatory agencies, and comments received from the Design Quality Control Committee (DQCC) into a set of Contract Documents. All plans, specifications, and calculations required for the building permit and regulatory submittals will be sealed and signed by a Professional Engineer, Architect, and Landscape Architect, as appropriate, who is registered in the State of Texas. The calculations will include those calculations required for permit review and approval (e.g. structural, plumbing, HVAC, electrical, and drainage). Specifications will be delivered as an 8 -1/2" x 11" set and on a CD -ROM in Microsoft Word (version 2007 or as directed by City) and in Adobe PDF. Plans will be submitted as both full size and 1/2-size and on a CD -ROM in electronic files for the project in AutoCAD R2007, or as directed by City. Upon the receipt of the final comments from City and the J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 29 Exhibit A -1 May 7, 2013 regulatory agencies, the Engineer will incorporate the final comments into the construction documents and prepare them for distribution to the City, bidding Contractors, and the Team. Deliverables: Response memos to review comments (60 %, 100% and FINAL) 3 Sets of Plans (60 %, 100% and FINAL) 3 Sets of Specifications (60 %, 100% and FINAL) Construction Cost Estimates (60 %, 100% and FINAL) Maintenance of Plant Operations (MOPO) (60 %, 100% and FINAL) Operations and Commissioning Plan (60 %, 100% and FINAL) 1CD of Specifications/Drawings in electronic format (PDF, Word and CAD files) Sealed calculations (including process, structural, HVAC, plumbing, and electrical) 3 BIDDING PHASE This task will consist of assistance the City with conducting a Pre -Bid Conference, preparing the Pre - Bid Conference minutes, responding to bidder questions, preparing addenda, and evaluating the bids, and recommending an award to the Contractor. The City will advertise the bid and distribute the bidding documents (plans, specifications, and addenda) to the interested bidders and suppliers. 3.1 Pre -Bid Conference Approximately 3 weeks after the notice of bids has been advertised by the City, the LNV Team will assist the City in conducting a Pre -Bid Conference to review the details of the project and solicit questions regarding the Bid Documents. The Team will prepare a draft agenda for City review, address the review comments and finalize the agenda, and document the conference in writing within 5 working days. Deliverables: Meeting Agenda 3.2 Bidding Coordination and Addenda Preparation The Team will answer City and Contractor questions, develop written responses in the form of Contract Addenda, provide (1) set of any required addenda for distribution to Bidders, and provide overall support to City during the bid advertisement period. The addenda will include, as needed, (1) full size and (1) half -size sets of addenda drawings for distribution by the City to interested Bidders. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 30 Exhibit A -1 May 7, 2013 Deliverables: Contract Addenda as necessary 3.3 Bid Evaluation and Recommendation of Award The Team will tabulate and review all bids received for compliance with the requirements of the bid documents, including addenda. After consultation with City, the team will prepare a written award recommendation based on this review and knowledge of proposed contractors' and subcontractors' past performance records. Deliverables: Bid Tabulation Contract Award Recommendation Letter 4 CONSTRUCTION PHASE The intent of the Construction Phase is to assist the City in confirming that construction of the Project is carried out in accordance with the requirements of the Contract Documents and the requirements of the City and regulatory agencies, within the project schedule, and with a minimum of disruption to ongoing activities at the facility. The construction Contract Documents are defined as the Agreement between the City and the Contractor, general conditions, supplemental conditions, drawings, standard details, specifications, addenda, approved project schedule, and executed change orders prepared for the construction of the project. The construction services effort will have the goal of facilitating the construction to enable the Work to progress in an efficient and cost - effective manner, while maintaining operations. The anticipated construction duration for Contract A is 36 months and for Contract B is 26 months. During the construction phase of the project, the following terms will apply: • In regards to the review of submittals from construction contractors, LNV will review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. LNV's action will be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in LNV's professional judgment to permit adequate J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 31 Exhibit A -1 May 7, 2013 review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. • If Engineer is called upon to observe the work of City's construction contractor(s) for the detection of defects or deficiencies in such work, Engineer will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. Engineer will not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and will not review their work for the purpose of ensuring their compliance with safety standards. • Engineer will not assume any responsibility or liability for the performance of construction services, or for the safety of persons and property during construction, or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. Engineer will have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety will remain the sole responsibility of the construction contractor(s). • All contracts between the City and its construction contractor(s) will contain broad form indemnity and insurance clauses in favor of City and LNV, in a form satisfactory to LNV. 4.1 General Project Administration and Meetings As the designated Design Consultant for the project, LNV will consult with and advise the City and act as its representative during construction. LNV will serve as the central point of contact for the Contractor. Instructions from the City to the Contractor(s) will be issued through LNV, who will have authority to act on behalf of the City to the extent provided in this Scope of Work, except as otherwise provided in writing. However, LNV will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) (except as otherwise specified in the Contract Documents) or the safety precautions and programs incident to the Work of the Contractor(s). Subconsultant personnel and other engineering and architectural disciplines from the design team will also provide a presence on the site through scheduled coordination meetings and inspections to provide quality control and monitoring for conformance with the design intent. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 32 Exhibit A -1 May 7, 2013 LNV and other Project Team members will conduct specific architectural, electrical, and structural inspections required by governing Codes, prepare applicable documentation and records of such inspections, and certify compliance with design requirements and governing Codes. LNV will accompany visiting inspectors representing public or other agencies having jurisdiction over the Project and will record and report the outcome of these inspections. LNV or other Project Team members will review factory test reports as required by the Contract Documents and verify that the data reported meets the requirements of the contract documents. LNV will review test reports, whether by the Contractor or the Design Consultant, for compliance with quality standards and will take appropriate action to obtain additional data if necessary regarding the quality of materials and work in- place. The efforts of LNV will be directed toward providing a greater degree of confidence for the City that the completed Work of the Contractor conforms to the Contract Documents. However, LNV will not be responsible for the failure of Contractor to perform the Work in accordance with the Contract Documents. On the basis of onsite examination of materials, equipment, and workmanship, LNV will keep the City informed of the progress of the Work, will endeavor to guard the City against defects and deficiencies in such Work, and may disapprove or reject Work failing to conform to the Contract Documents. This task will include the following items: • Conduct a pre - construction conference. At the conference, LNV will identify field services to be provided and discuss appropriate coordination procedures. LNV will prepare an agenda for the meeting and will prepare and distribute the meeting notes. Provide construction administration, quality control, value engineering support and coordination: LNV will provide construction administration and quality control services during the course of the project to assure that the overall technical correctness of the construction phase services and U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 33 Exhibit A -1 May 7, 2013 that specified procedures are being followed and LNV's schedules are being met. LNV will provide coordination functions during the construction phase as follows: • Hold coordination meetings with the City and Contractor. • Coordinate with regulatory and approving agencies and utilities as required. • Coordinate the work of specialty sub - consultants assigned to the project. • Maintain and provide detailed project records and documentation during the construction phase. Project records will include correspondence, schedules, submittals, test data, project data, payments, change orders, meeting minutes, clarifications, mark -ups of drawings and specifications, and other such documentation. Project records will be delivered to the City's representative upon completion of the construction contract. Records will be maintained at the LNV's office. • Project Management Manuals. • Status reports for the construction contract will be provided. 4.2 Changes Orders LNV will review cost and time estimates for change orders and for Contractor's claims for additional cost or compensation due to differing site conditions, force majeure, material or equipment shortages, or other causes. LNV will also provide an estimate of the additional Design Consultant costs (if any) that would be incurred as a result of the change order. LNV will evaluate Contractor's claims to determine whether they are justified under the Contract and will review Contractor's proposals for additional compensation, credits, and /or time relating to changes or claims. LNV will make recommendations to the City's Project Manager on the amount of additional compensation, credit, or time extension due to the Contractor. In addition, LNV will clarify matters and work to resolve discrepancies with the Contractor. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 34 Exhibit A -1 May 7, 2013 LNV, with other Project Team members, will perform necessary design revisions in connection with change orders to reflect modifications requested by the City, or as required by unforeseen conditions. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. LNV, with input from other Project Team members, will consider and evaluate Contractor's suggestions for changes in the Contract Drawings or Specifications and respond as appropriate or as required by the Contract Documents. LNV will coordinate with the City and provide recommendations pertaining to the suggested design modifications. LNV, with other Project Team members, will also perform necessary design revisions authorized by the City in connection with change orders to reflect modifications requested by the Contractor and will perform services in evaluating substitutions proposed by Contractor. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. Deliverables: Design Recommendations and Revisions as necessary 4.3 Perform Site Visits In addition to field services described above, LNV and other Project Team members' staffs and /or managers will conduct regular visits to the site (at least two (2) per month) to familiarize themselves with the status of work, make spot checks of work -in- progress, verify conformance with the design intent, and conduct detailed coordination of construction issues. Field reports will be kept to document progress and issues. A total of one hundred forty (124) site visits are anticipated for the duration of construction. Deliverables: Field Reports as necessary U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 35 Exhibit A -1 May 7, 2013 4.4 Review Submittals and Test Results LNV will receive, log and distribute for review and approval the submittals, shop drawings, samples, test results, operations and maintenance manuals, and other data that Contractor is required to submit. LNV will distribute and file the submittals after review action has been taken. LNV will follow -up to verify that revisions are made and resubmitted as required and will verify that such required submittals are received and approved prior to installation or payment for the materials covered. LNV will also perform a review of the schedule of shop drawing submissions and schedule of values prepared by Contractor and will discuss status of the submittals at construction progress meetings. LNV will be responsible for completing the submittal reviews within 15 business days and for monitoring the status and timeliness of responses. LNV, with other Project Team members, will review and approve product data, shop drawings, samples, test results, operations and maintenance manuals, and other data that the Contractor is required to submit. However, such reviews will be conducted only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such review and approval or other action will not extend to means, methods, sequences, techniques or procedures of construction selected by Contractor, or to safety precautions and programs incident thereto. As part of this task, LNV will maintain a submittal log showing dates of submittal, transmittal action to other sub - consultants, dates of return and review action. Copies of the log will be furnished to the City and the Contractor monthly. LNV will also evaluate the Contractor's request for substitutions. Submittal review efforts are based on a maximum of two (2) reviews per submittal and that no more than fifty percent (50 %) of the total number of first submittals will require two (2) reviews. The level of effort for this task is based on receiving 600 shop drawing submittals. Not included in the scope of work for this task is the witnessing of specification compliance testing at manufacturer's factories. Deliverables: Monthly Updated Submittals Log Reviewed Submittals with Submittal Status Test Data Reviews U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 36 Exhibit A -1 May 7, 2013 4.5 Issue Interpretations and Clarifications LNV will act as main point of contact for interpretation of the requirements of the Contract Documents and judge of the acceptability of the work based on the requirements shown or specified. LNV will be responsible for responding to Requests for Information (RFI) within 5 business days and for monitoring the status and timeliness of responses. As part of this task, LNV will maintain a RFI log showing dates of submittal, transmittal action to other sub - consultants, dates of return, and a summary of the response. Copies of the log will be furnished to the City and the Contractor monthly. The level of effort for this task is based on receiving 200 RFIs. As specified in the General Conditions of the Contracts, LNV will interpret and issue decisions on claims of the Contractor(s) or the City relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents or pertaining to the execution and progress of the work. LNV will also have authority, as the City's representative, to require special inspection or testing of the work. LNV and other Project Team members will issue interpretations and clarifications of the Contract Documents, as requested by the Contractor(s) or as deemed necessary by the Resident Engineer, to facilitate proper fabrication, construction, or installation of work. LNV will render interpretations or decisions in good faith and in accordance with the requirements of the Contract Documents (e.g., within 10- days). In the event of a claim or dispute by the Contractor, LNV will interpret the requirements of the Contract Documents and judge the acceptability of the work. LNV will make written recommendations to the City on all claims of the Contractor related to acceptability of the work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of work, or additional work as deemed necessary by the City. Deliverables: Monthly Updated RFI Log RFI Responses Contractor or City- Requested Change Reviews as necessary U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 37 Exhibit A -1 May 7, 2013 Contract Document Interpretations and Clarifications as necessary 4.6 Landscape Architecture The Engineer will provide, through a qualified subconsultant, landscape architecture construction phase services. This includes attendance at three progress meetings, four site visits, plant material review at nurseries, submittal reviews, clarifications and responses to RFIs, punch list reviews, and preparation of record drawings. Deliverables: Field Reports RFI Responses Reviewed Submittals with Submittal Status 4.7 Substantial Completion/Final Acceptance Inspection Following notice from the Contractor, LNV and other Project Team members will conduct an inspection to determine if the Project is substantially complete in accordance with the construction documents. If LNV considers the work substantially complete, then LNV will deliver to City and the Contractor a Certificate of Substantial Completion and a list of observed items requiring completion or correction (punch list), date for completion for the punch list, and recommendation for division of responsibilities between the City and the Contractor. LNV and other Project Team members will conduct a final inspection to determine if the finished Work has been completed to the standard required by the Contract Documents and that Contractor has fulfilled its obligations as required. This inspection will be based on the punch list and any other functional or operational deficiencies that occur in the time period between when the punch list is generated and the Final Inspection. A final list of items to be completed or corrected in accordance with the requirements of the construction documents will be prepared and submitted to the Contractor. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 38 Exhibit A -1 May 7, 2013 After the Contractor has completed the work of the final punch list and upon written notice from the Contractor, LNV will review and determine that items on the final list have been completed or corrected and make recommendations to the City concerning acceptance and final payment. Deliverables: Substantial Completion Recommendation Substantial Completion Punch List Final Completion Recommendation Final Completion Punch List 4.8 Record Drawings LNV and the project team will prepare and deliver to the City record drawings of the constructed work both in hard copy and complete electronic files for the project in AutoCAD and PDF. Record drawing information will be obtained from redlined drawings prepared by the Contractor. Deliverables: 1 full -size sets of drawings '/z -size sets of drawings CD of drawings in AutoCAD and PDF format U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 39 Exhibit A -1 May 7, 2013 ADDITIONAL SERVICES 1 PERMITTING & AGENCY COORDINATION (AUTHORIZED) 1.1 Building Permit/ Industrial Exemption Affidavit The Engineer will prepare building permits and /or industrial exemption applications, make Final Design submittals to the City Development Services Department, and respond to comments received from the Department until the exemptions /building permits are approved. The actual cost of the permit(s) will be paid by the City and /or Contractor and the permit will be obtained by the Contractor prior to the start of construction. Deliverables: Building Permit Applications or Exemptions Response Documents to City Comments 1.2 General Agency Coordination Engineer will provide coordination with the personnel at the governing State/Federal agencies to seek approval for the permits and approvals needed to construct and operate the Phase 2 improvements. This will involve correspondence with TCEQ during the preliminary design and design phases to work toward their timely approval of the proposed process improvements and /or modifications and to maintain compliance with the City's discharge permit. The Engineer will provide backup documentation, clarifications, answers as requested by the permitting agencies. The Engineer will provide technical assistance to the City when such support is necessary to coordinate meetings and materials required for the Project. The City will take the lead for permit coordination with all governing agencies except for the permits indicated below. The Engineer will provide technical assistance to City when such support is necessary to coordinate and reconcile permitting requirements for the proposed project. The anticipated major coordination and permitting activities are listed in the tabulation below in terms of the project stakeholders involved and the project components requiring coordination. The actual cost of the permit(s) will be paid by the City. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 40 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 Stakeholder Project Component(s) Lead Design Review Board (Scope is based on Building Architecture LNV approval of the concept at the staff level). City Planning and Development Services Building Permits LNV Department City Wastewater Dept, Fire Department Hazardous Materials Management Plan LNV (fP MP), Site Plan Building Permit City South Central Texas Association of Coordination with Section 208 Plan APAI Governments Texas Commission on Environmental Review & Decommissioning (Approval to LNV & Quality (TCEQ) Construct and Approval of Construction) APAI Texas Commission on Environmental TPDES Permits (Wastewater, Stormwater) APAI Quality (TCEQ) Texas Commission on Environmental Regulatory requirements associated with APAI Quality (TCEQ) closure plan of Laguna Madre WWTP This task will also include agency coordination meetings to be attended and conducted by the Engineer or the City. These meetings will discuss the project components outlined above and will include the stakeholders listed above (City — 6 meetings, County /State — 10 meetings, and Private — 4 meetings). This task assumes that the total number of meetings will not exceed 20 two hour meetings Deliverables: Agency Meeting Minutes Meeting Exhibits ATC and AOC Permit Applications to TCEQ Response Documents to TCEQ Comments 1.3 Permit Amendment Application The permit application process is divided into two phases plus a phase for meetings. The first phase provides for the preparation of the application and ends when the application is declared by TCEQ to be U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 41 Exhibit A -1 May 7, 2013 administratively complete. The second phase provides for support during the technical processing of the permit and ends when the permit becomes effective. The following provides details for the phases. 1.3.1 Preparation ofPermitAmendmentApplication The permit amendment application will be prepared using information provided by the City and collected by the LNV team. The following provides additional detail for each task. 1.3.1.1 Request for Information Engineer will prepare a list of information needed to complete the application. Requested information will include, but is not to be limited to, contact information, analytical data, site plans, and plant boundaries. 1.3.1.2 Prepare Draft Permit Amendment Application Engineer will review the information and data received. Engineer will verify that analytical methods used meet the TCEQ requirements. The information and data will be used to prepare the application. A draft application will be submitted to the City for review. A meeting will be convened to discuss the application package and obtain comments. 1.3.1.3 Prepare Permit Amendment Application Engineer will prepare a permit amendment application for submittal to TCEQ. The application will be provided to the City for signature. Per TCEQ requirements, the original and three copies of the application must be submitted to the TCEQ. If requested to do so, Engineer will hand - deliver originals and copies of the application to the TCEQ. 1.3.1.4 Support During Administrative Review Engineer will provide support during the administrative review of the application. Engineer will respond to TCEQ comments and questions. Engineer will assist the City in preparing the public notice and submittal of the public notice verification information to the TCEQ. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 42 Exhibit A -1 May 7, 2013 1.3.2 Support During Technical Processing ofPermit After the permit amendment application is declared administratively complete, TCEQ will review the application and prepare internal technical memoranda, followed by the preparation of a draft permit and eventually the final permit. The following tasks will be completed during this period. 1.3.2.1 Coordination with TCEQ Technical Staff Engineer will provide support during the technical review of the application and periodically contact TCEQ staff to check on status of the amendment. Engineer will respond to TCEQ comments and coordinate responses to technical questions with the City. 1.3.2.2 Review of Draft Permit Engineer will distribute the draft permit to the City and prepare written comments to the draft permit for distribution to the City. An official comment letter will be prepared for signature by the City. Because of the complexity of this project, more than one draft permit may be provided by TCEQ to the City. This task provides for review of the initial draft, and up to three revisions of the draft permits. Engineer will assist with preparation of responses to the draft permits as necessary. 1.3.2.3 Final Notice and Review of Final Permit Engineer will assist the City in preparing the public notice and submittal of the public notice verification information to the TCEQ. Engineer will review the final permit to verify that it reflects previously agreed to conditions. 1.3.3 Meetings During PermitAmendmentApplication The Oso permit amendment application will be complex, requiring close coordination between the City, the City's consultants, the TCEQ, and possibly EPA. Some of the coordination will require meetings, including face -to -face meetings and conference calls. The following summarizes the projected meetings. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 43 Exhibit A -1 May 7, 2013 Location Meet in Corpus Christi City of Corpus Christi, TX L%kv Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL JACOBS Project No. E12206 Number of Meetings Meetings in Austin with TCEQ during Technical Review of the Application 2 Conference Calls throughout project 10 Engineer will prepare minutes for each meeting and conference call. Deliverables: Draft Permit Application Responses to Draft Permit(s) Final Permit Application — one original and three copies Meeting minutes Responsibilities of City: Permit Application Fee Analytical Costs Cost of Newspaper Public Notices 1.4 Special Permitting Services (TBD) Special Permitting Services are those that are not currently anticipated to be a part of the project to amend the TPDES permit, but which could become necessary or desired at some time during the project. Engineer will perform these services only as authorized to do so by the City. If requested, Engineer will prepare a specific scope and budget for the services requested for review and approval prior to initiating the services. Following is a list of some of the Special Permitting Services that might be needed or desired: • Preparation for and participation in meetings or telephone calls with the public, including potential or actual protestants, or the development of public information or strategies to aid in avoiding protests. • Preparation for and participation in public meetings or public hearings. • Preparation for and participation in meetings with City's attorneys regarding potential or actual protests. • Meetings with City, TCEQ, or other regulatory authorities (e.g., U.S. Environmental Protection Agency) in addition to those provided for above. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 44 Exhibit A -1 May 7, 2013 • Time to review additional water quality data beyond that addressed above, should it become necessary to re- sample and re -test. • Field reconnaissance by Engineer to collect data or information not otherwise provided by City. • Draft permit review and preparation of comment letters beyond those described above. 2 TOPOGRAPHIC SURVEY (AUTHORIZED) 2.1 Site Survey The Engineer shall provide a site survey of the entire project limits. This will consist of the Oso WRP site, which includes approximately 15 acres of developed land with paving and existing structures, and 23 acres of undeveloped land, the LMWWTP for plant decommissioning and the transfer pump station, and the 35,500 LF routing for the dual force mains and effluent line. The Surveyor will perform a boundary and topographic survey of the sites, identify all setbacks, easements, rights -of -way, major features and structures at the plant and tie all survey work to the plant's existing horizontal and vertical coordinate system. Contours will be provided for every foot of elevation change, and results of this task will be presented in AutoCAD drawings which can be used as civil backgrounds. The total area to be surveyed is approximately 60 acres. In addition, the Surveyor will set two (2) permanent horizontal control points /benchmarks on the site that will be used for the entire Phase 2 design and construction work. Deliverables: AutoCAD files with all spot elevations and 1 foot contours Two permanent survey control markers 2.2 Subsurface Utility Engineering (SUE) (ALLOWANCE) The A/E shall perform engineering services which will result in accurately identifying the location of subsurface utilities, and for acquiring and managing that level of information during the development of the project. These services shall conform to standards and guidelines as described in FHWA and ASCE Subsurface Utility Engineering publications. The final work shall be completed such that all known U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 45 Exhibit A -1 May 7, 2013 utilities with potential conflicts are graphically depicted in both a digital and hard copy / plan sheet format. As the design progresses and when necessary, the A/E may be required to locate utilities that have a high potential for conflicts with the proposed improvements. For the purpose of this agreement, "locate" means to obtain precise horizontal and vertical position of the utility line by excavating a test hole. The test holes shall be done using vacuum excavation or comparable nondestructive equipment in a manner as to cause no damage to the utility line. After excavating a test hole, the A/E shall perform a field survey to determine the exact location and position of the utility line. This work is considered quality level A. The SUE tasks shall include — 1. Develop a test hole Location Plan based upon the guidelines set forth in the document: Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data, published by the ASCE, current edition, and obtain utility company records as required. 2. Neatly cut and remove existing pavement with the cut area not to exceed 144 square inches. Excavate using a method enabling vertical and horizontal exploration through this cut. 3. Excavate test holes in such a manner as to prevent any damage to wrappings, coatings, or other protective coverings, such as vacuum excavation or hand digging. 4. Backfill with approved material around utility structure. 5. Furnish, install, and color code a permanent above ground marker (i.e. P.K. nail, peg, steel pin, or hub) directly above the centerline of the structure and record the elevation of the marker. 7. Provide a permanent restoration of the pavement within the limits of the original cut at the time of backfill. If the test hole is excavated in an area other than the roadway pavement, the area disturbed shall be restored to equal or better than the condition before excavation. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 46 Exhibit A -1 May 7, 2013 8. Identify utility locations in digital and reproducible certified plan sheet format. At a minimum, the A/E shall provide the following test hole information: • Elevation of top and /or bottom of utility tied to datum of the furnished plan. • Elevation of existing grade over utility test hole. • Horizontal location referenced to project coordinate datum. The A/E shall perform all required survey work. • Outside diameter of pipe or width of duct banks and configuration of non - encased multi- conduit systems. • Utility structure material compositions and condition. • Identification of benchmarks used to determine elevations. • Elevations shall have an accuracy of +/- 0.1 -ft and certified accurate to the benchmarks used to determine elevations. • Horizontal data accurate to within +/- 0.2 ft or applicable survey standards, whichever is more precise. Provide the above SUE services (up to 260 field crew hrs), including hydro- excavator and operating crew, as required by the contract documents and /or as requested by the City. 3 ENVIRONMENTAL ISSUES (TBD) 4 CONSTRUCTION OBSERVATION SERVICES (TBD) 5 START -UP & TRAINING SERVICES 5.1 Facilities Start -Up LNV and other Project Team members will provide start-up services sufficient to transfer finished work from a construction status to an operating, functional system(s). Such services may include review of Contractor's start-up plan, preparation and coordination of a start-up plan and procedures for City personnel to use, observation and monitoring during start-up procedures, and assistance to City personnel during a period of initial operation (commissioning). LNV will coordinate with the Contractor and City in advance of scheduled major systems tests or start of important phases of the work. LNV will validate that the testing program submitted by the Contractor is in conformance with the Contract Documents and will adequately assure that the system(s) will U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 47 Exhibit A -1 May 7, 2013 respond properly during normal operations and anticipated unusual conditions. LNV will observe conduct of testing and startup and will verify that the approved testing program is followed and the reports provided are accurate and complete. LNV and other Project Team members will review the Contractor's training plan and instruction materials for compliance with Contract Documents. Contractor or Manufacturer training presentations will be scheduled and coordinated with City personnel and facility operation. Start-up services budget shall be based on providing a Project Engineer (as needed, up to 9 weeks @ 40 hrs /wk), Process Specialist (as needed, up to 8 weeks @ 40 hrs /wk), Electrical Engineer (as needed, up to 3 weeks @ 40 hrs /wk), and an Instrumentation & Controls Engineer (as needed, up to 2 weeks @ 40 hrs /wk) during facilities start-up for Contract A. Start-up services budget shall be based on providing a Project Engineer (as needed, up to 3 weeks @ 40 hrs /wk), Electrical Engineer (as needed, up to 1 weeks @ 40 hrs /wk), and an Instrumentation & Controls Engineer (as needed, up to 2 weeks @ 40 hrs /wk) during facilities start-up for Contract B. 5.2 Training To supplement the training from the Contractors and Manufacturers, LNV and other Project Team members will also provide instruction to plant operating personnel on the project objectives, design intent, and system operational procedures. A total of 10 training sessions that will last approximately 4 hours are planned. The training will be both classroom and hands -on and is intended to supplement the information presented in the O &M Manual described in Task 12.1. Training budget for Contract A is limited to a total of 540 hours (approximately 2 weeks @ 48 hrs /wk per facility start-up) for on -site training and training preparation. Training budget for Contract B is limited to a total of 100 hours (approximately 2 weeks @ 48 hrs /wk) for on -site training and training preparation. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 48 Exhibit A -1 May 7, 2013 5.3 Factory Witness Testing Provide specialty engineer to witness factory testing of the special equipment as required by the contract documents. Provide the services of Engineer's staff and other team members (up to 75 hrs for Contract A and up to 68 hrs for Contract B) as required by the contract documents and as requested by the City. Deliverables: Review Comments on Contractor or Manufacturer Training Outlines and Lesson Plans Outlines and Lesson Plans for Training of Operations and Maintenance Staff 6 WARRANTY PHASE LNV and other Project Team members will provide services after completion of the construction phase, such as inspections during the 12 -month warranty period, reporting observed discrepancies under guarantees called for in the construction documents, and provide assistance for resolution of defects to be corrected under warranty. The correction of any defects observed in the inspections is the responsibility of the Contractor and their subcontractors and suppliers. This scope assumes that such services may be required for up to 190 hours per 12 -month warranty periods (up to 4 warranty periods). Deliverables: Correspondence with Contractor and equipment manufacturers Reports on warranty inspections 7 SCADA AND O &M DOCUMENTATION The Engineering Consulting services to be provided under this stage of work will include services related to the SCADA system and the preparation of an operations and maintenance manual for the Phase 2 improvements. 7.1 SCADA Documentation Provide SCADA documentation as described in Exhibit A. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 49 Exhibit A -1 May 7, 2013 7.2 Electronic Operations and Maintenance Manual To date the extent of the operations and maintenance documentation for the WRP has been limited to an existing operations manual and individual equipment manuals. While these documents are sufficient to guide the operations and maintenance of the equipment and systems at the facility, the City has indicated a desire to compile a comprehensive plant Operations and Maintenance (O &M) manual that would bring together the information required to operate and maintain the overall facility. The major objective is to provide operations and maintenance staff with quick access to the information that is essential to performing their jobs. With today's technology, LNV does not believe that an O &M manual should be a static document that is stored on a shelf, but rather should be an interactive web -based tool providing nearly instantaneous access to the stores of information that should be available to the operators. The LNV approach to developing electronic O &M manuals in the most efficient way is to focus on five fundamental issues: • Making sure the content is correct and current. • Developing good interface aesthetics and graphics to provide a pleasing user experience. • Making the manual usable through attention to proper organization and coherent navigation. • Providing a system that can be easily modified and /or expanded. • Making technology decisions that allow for integration of new technologies, without an excessive technology- maintenance burden on the City. Beyond any other consideration, the content must be correct and focused on what the O &M staff needs to know. The electronic O &M manual format provides the opportunity to keep write -ups on procedures, control descriptions, etc. short and to the point (a fundamental in any web page design as well as in a successful O &M manual). Yet deeper levels of detail can be provided through links in the documents to allow the user to research a problem to its fullest extent, if necessary, for the task at hand. A key to the success of an O &M manual project, in whatever format, is the involvement of the end users. O &M staff at the facility must be provided the opportunity to contribute to the development process in a way that doesn't increase their workload, but does allow meaningful contributions. LNV will work directly with the users in developing and verifying our O &M manual content. The on -line U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 50 Exhibit A -1 May 7, 2013 format allows for immediate feedback as the content is being developed — it is published on -line, as it is developed (after our internal QC check), at which time users on all shifts may review and comment directly to the authors. This allows updates to be made the next day in some cases. Deliverables: Draft submittal of O &M manual content shell and format for City review and approval Draft O &M manual in electronic format for City review and approval 1 paper copy of the Draft O &M manual for City review and approval 1 presentation to City on Draft O &M manual Final O &M manual in electronic format 1 paper copy of the Final O &M manual 1 presentation to City on Final O &M manual 72.1 Organize Electronic Format and Security LNV will work with the City operations and IT staff to determine the best approach to the electronic format and security access issues. The starting point will be the electronic format for the New Broadway WWTP currently under construction. LNV will then develop a content shell for review by the City prior to installing the content. This task will include coordination with the City's systems integrator, security coordinator, and technical staff as well as the end users. LNV will organize the electronic O &M manual format to address the user's needs in six areas: • Content • Aesthetics • Usability/Features • Information Maintenance/Expansion • Technology /Implementation • Information Security The site will be designed with the following basic layout: Functional navigation buttons (help, search, feedback) at the very top of the site. Topical navigation menu on the left side of the screen. An expanding tree menu system will be used to organize content by process area and topic. The look and feel of the site will be managed using cascading style sheets to make it easy to modify aesthetics across the site. The O &M manual will be developed as a web site, suitable for access using a J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 51 Exhibit A -1 May 7, 2013 web browser from a CD, LAN, intranet, or Internet connection. The documents will be in HTML format with supporting graphics in formats described below. The following hardware and software will be used to access /host the O &M manual. Existing City hardware and software will be utilized as much a possible. Any additional equipment or software will be included in the Contract Documents and will be furnished by the Contractor. • Microsoft Internet Explorer with Java and JavaScript enabled • Internet Information Server • 27" monitor with 1200 x 1080 resolution 72.2 Compile Background Information LNV will research and inventory the historical information and documents that exist for the WRP by examining the records found at the site and from the central City office files. In addition, LNV will assemble the large quantity of reports and drawings gained from City through previous project work on the Master Plan and Preliminary Design. The information to be researched and inventoried will include the following types of documents relating to the Oso WRP: • Original Equipment Manufacturer Manuals • Design Reports • Construction Drawings and Specifications • Permit Applications and Approvals • Materials Safety and Data Sheets • Written Facility and City Policies LNV will compile these documents and coordinate the copying or transfer of the information into the appropriate electronic format. After a review of the design drawings and specifications, manufacturer's manuals, and existing plant data systems (CMMS, etc.), an inventory of the plant equipment will be conducted in which nameplate information will be collected for major pieces of equipment. That information will be entered into the Plant Design Database developed by LNV and used in the Design Phase. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 52 Exhibit A -1 May 7, 2013 72.3 Standard Process -Level Content Sections The O &M manual content will be developed with several standard sections. The purpose and format for those standard sections are described here. Each of these sections will be presented as topics within a given process area. Any section that is lengthy will be provided with an index at the top of the page to allow jumping directly to sections within the page. 7.2.3.1 Opening Page Each process area will open with a file that contains the name of the process area and a schematic showing an overview of the area. 7.2.3.2 Overview The Overview section will provide a brief (2 pages maximum) description of the process area including the process area objectives and brief descriptions of how those objectives are accomplished and components used in the area. Schematic diagrams of the area will accompany the description. Each Overview will contain the following headings: • Purpose & Objectives. • Process Fundamentals and General Description. • Sub - Systems. • Relations to Other Systems or Processes. 7.2.3.3 Theory The Theory section (also called Process Control) is used to briefly describe unit process theory (where applicable) and specific application of that theory to this plant. The section includes sample calculations. 7.2.3.4 Design The Design section presents design criteria for the process area. This section presents process -level design criteria and major equipment design characteristics; equipment data are provided in the U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 53 Exhibit A -1 May 7, 2013 Components section. The criteria will be presented in two - column tabular format, with the process parameter in the left column and the design value in the right. When the design criteria are longer than a single screen, an index will be provided at the top of the page to sections in the page. 7.2.3.5 Control The Control section presents a description of typical modes of control and control strategies for the major control loops in the process area. The strategies will include interlocks, permissives, and alarms. Specific operating procedures are given in the Procedures page. For each meter, gauge, and other analytical equipment, ranges and set points will be displayed. A photograph of each control panel will also be included, with callouts for major items on the panel along with a description of those items. 7.2.3.6 Procedures Standard operating procedures (SOPS) will be developed with the following sections: • General Overview. • Normal Operation. • Abnormal Operation. • Emergency Operation. 7.2.3.7 Safety This section will include safety information specific to the area, including descriptions of area - specific hazards and precautions. Each Area- Specific safety section will contain the following headings: • Hazardous Materials • MSDS Links • Personal Protective Equipment Requirements • Confined Spaces • Fire System (extinguisher locations, sprinkler systems, hydrant locations) The section will also contain an area -map locating safety- related items (chemical locations, fire extinguishers, fire hydrants, emergency eye wash, etc.) U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 54 Exhibit A -1 May 7, 2013 7.2.3.8 Drawings The Drawings section provides a listing of all CAD drawings pertinent to the process area. The summary list will indicate Drawing ID, Title and Discipline. The list will also provide links to view details about the drawing or to view the drawing itself. 7.2.3.9 Components The Components section provides a listing of all major equipment components within this area. Information will be presented in a tabular format and include the following columns: • Name - The common name for the component • Equipment Number - The component ID tag as specified on the design drawings • Characteristics - The characteristic size, capacity, etc. for the component • Function - A brief description of the component's function in the process Each equipment number will be a link to a detailed report for each component, which will include basic equipment data (manufacturer, model, etc.) as well as lists of photos, design drawings, manufacturer manuals, and recommended routine maintenance. The equipment data will be developed from an inventory of all of the equipment in the plant. 7.2.3.10 Troubleshooting The Troubleshooting section presents, in a tabular format, typical problems, possible causes, and remedies for process -level problems. The table will include the following columns: • Symptom • Possible Cause • Remedy 7.2.3.11 Alarms The Alarm Response section will be similar to the troubleshooting guide both in scope and organization. Alarm summaries will be listed first by the alarm name followed by the numerical designation. Following this information will be a list of possible causes and suggested responses. The set of causes U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 55 Exhibit A -1 May 7, 2013 and responses will be listed like a troubleshooting guide, organized to present the most obvious cause of the alarm first and the least likely cause of the alarm last. 7.2.3.12 Routine Maintenance The Routine Maintenance guide will identify the maintenance tasks recommended by the manufacturer to be performed for each piece of equipment. They will be organized in the database and presented in the detailed report for each piece of equipment. 72.4 Facility- Wide Reference Sections As part of the on -line system LNV will also develop non - specific information areas that will assist in the overall management and operation of the facility. These areas are listed below. 7.2.4.1 Home Page The Home Page will be a map of the facility with links to process areas. 7.2.4.2 Directives This page will be used by the Senior Operators to post operational directives for other operators. These directives will include: Operating set points (MCRT, wasting rates, return rates, etc.). Equipment Out of Service. Shift Schedules. It is anticipated that the page content will be updated on up to a daily basis. 7.2.4.3 Permits Links to PDF versions of the major facility permits are provided here. These include TPDES permits, Storm Water Pollution Prevention permits, and air quality permits. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 56 Exhibit A -1 May 7, 2013 7.2.4.4 Drawings This section allows users to search and display CAD drawings related to the plant. 7.2.4.5 MSDS This section allows users to search and display lists of Materials Safety and Data Sheets and to review the resulting MSDS. 7.2.4.6 Manufacturers O &M Manuals This section allows users to search the database of scanned manufacturer manuals, and view the resulting PDF files (where available). 7.2.4.7 Help /About This will be a help file that describes how to use the manual. 8 Public Involvement (ALLOWANCE) The Engineer anticipates coordination with the Public, City of Corpus Christi Development Agencies, TAMU -CC, other regulatory agencies, and interested stakeholders. Public Involvement may be required to gain the acceptance of the public, and the Engineer Team will be utilized on an as- needed basis and an allowance is identified in the Fee Estimate provided. The Engineer will provide technical assistance to the City when such support is necessary to coordinate meetings and materials required for the Project. Public Involvement may also include preparation of exhibits, handouts or brochures. This task includes up to three (3) public information or City Council briefing meetings. All meetings will be coordinated through the City of Corpus Christi. It is assumed that the City's Project Manager or Public Involvement Coordinator will preside over each meeting. Each presentation is expected to be approximately two (2) hours. Deliverables: Exhibits, Brochure or Handouts, as required U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 57 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 9 Conformed Contract Documents The Team will incorporate the addenda changes into the plans and specifications to provide conformed Contract documents. All drawings will be stamped conformed. Half -scale plans will be provided with laminated covers bound with either GBC or spiral binders. Deliverables: Contract Addenda as necessary Pre -Bid Meeting Agenda, Presentation, and Meeting Minutes for Addenda Bid Tabulation Contract Award Recommendation Letter Conformed Plans and Specifications 3 copies of the Conformed Plans and Specifications (half -scale plans) CD in electronic character recognition Adobe PDF and Word 2007 format 10 Existing Facilities Condition Assessment (AUTHORIZED) The Engineer will evaluate the condition, capacity, and treatment reliability of the existing facilities at the Oso WRP to define the condition of the existing structures and equipment that will remain in service after the Phase 2 Improvements are complete. The purpose of the condition assessment is to evaluate the suitability of the existing structures to provide up to 30 years of reliable service and equipment to provide up to 15 years of reliable service. Engineer will make appropriate recommendations for improvements to achieve the 15 and 30 year goals. Table 3 presents the processes, structures, and equipment that will be evaluated. Table 3 Condition Assessment Structures and Processes Lift Station 1 and 2 (including Odor Blower House 1 through 4 Control Secondary Clarifiers I through 8 Doors and windows of buildings Chlorine Chambers 1 through 4 Site, paving, and grading Sodium Hypochlorite and Sodium Electrical and Instrumentation & Controls Bisulfite Storage and Feed Systems Aerobic Digesters I through 4 Outfall Line and Structure Effluent Pump Station — Oso Golf Course U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 58 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 The specific subtasks below will provide an understanding of the condition of the structures and equipment, electrical and controls system, and the performance of the existing treatment processes. • Visit the Oso WRP in order to interview City staff regarding any issues or concerns with the existing plant operation, maintenance, or performance. An initial visual inspection with staff will be conducted to gain knowledge of the operational condition of the existing equipment and structures. • Visually inspect the lift stations, secondary clarifiers, chlorine chambers, and aerobic digesters to document their structural condition. The results of the inspection will be logged and photographically documented in the PDR. The City will need to remove from service, drain, clean, and leave in a near dry condition the structures to be inspected. As the evaluation will consist of confined space entries, a written safety plan will be developed by the LNV Team and will be reviewed and approved by all parties prior to initiating activities. Safe access into the areas to be inspected will be provided by the City. The structural assessment does not include (1) a structural analysis to determine the existing capacities based upon current building codes nor (2) material testing (e.g., concrete coring and X -ray analysis) of the structures. • Visually inspect the lift stations, secondary clarifiers, chlorine chambers, and aerobic digesters to document condition of the mechanical and process equipment. This mechanical and process equipment includes the pumps, piping, and valves for the lift stations; the inlet baffles, scum removal, sludge collection, effluent weirs and launders for the secondary clarifiers; the chlorine chamber mixing and internals; and the coarse bubble diffused air system (diffusers, piping, valves, instrumentation) for the aerobic digesters. The City will need to remove from service, drain, clean, and leave in a near dry condition the structures to be inspected. As the evaluation will consist of confined space entries, a written safety plan will be developed by the LNV Team and will be reviewed and approved by all parties prior to initiating activities. Safe access into the areas to be inspected will be provided by the City. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 59 Exhibit A -1 May 7, 2013 • Visually inspect the electrical power and the instrumentation /controls system to determine their suitability to provide up to 15 years of reliable service. This includes the following: o The motors, motor control centers, variable frequency drives (VFD), conduits, wiring, electrical manholes, light poles, fixtures, and junction boxes. Electrical gear will be evaluated to determine its classification status, condition and useful remaining design life as well as compliance to the appropriate codes. o The instrumentation and controls system will be evaluated including the wiring, and control panels to determine their condition, useful remaining design life, code compliance, and consistency with other recently completed improvements at Oso WRP. • Building upon the condition assessment developed above, the Engineer will identify and evaluate alternatives and provide recommended rehabilitation and /or replacement alternatives that can be developed into contract documents. The evaluation and recommendations will be described in a Condition Assessment PDR. • Review historical plant process and effluent data to evaluate the plants ability to adequately and reliably produce effluent in accordance with the discharge permit, with special emphasis on disinfection, chlorine, BOD and TSS. As the design and construction tasks that may result from the condition assessment cannot be defined exactly at this time, they are excluded from this scope of work and covered under a Special Services allowance that must have authorization from the City to proceed. Deliverables: Condition Assessment PDR 11 Filtration and UV Disinfection Feasibility Study (AUTHORIZED) The Engineer will prepare a feasibility study to determine the cost to upgrade Oso WRP's effluent water quality to a Type I Reclaimed Water as defined by TCEQ regulations ( §210.32).The feasibility study J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 60 Exhibit A -1 May 7, 2013 City of Corpus Christi, TX Oso Water Reclamation Plant Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project No. E12206 will be based on producing Type I effluent up to the plants average daily flow capacity of 24 MGD in the following scenarios; 2 MGD, 8 MGD, 16 MGD, and 24 MGD. The water quality standards for Type I are presented in Table 4 Table 4 Type I Reclaimed Water Quality Standards BOD5 5 Mg/L Turbidity 3 NTU Fecal coliform or E. Coh (30 -day Geometric Mean) 20 CFU /100 ml Fecal coliform or E. Coh (Maximum Single Grab Sample) 75 CFU /100 ml Enterococci (30 -day Geometric Mean) 4 CFU /100 ml Enterococci (Maximum Single Grab Sample) 9 CFU /100 ml Type I reclaimed water is allowed by TCEQ to be reused in areas where the public may be present during the time when irrigation occurs or other uses where the public may come in contact with the effluent. In order to meet the more stringent water quality criteria, the Oso WRP will need to add tertiary filtration to reduce the plant's turbidity and comply with the 3 NTU maximum limit. The feasibility study will evaluate the following filtration alternatives: • Conventional Sand Filtration • Cloth Disk Filtration • Microfiltration/Ultrafiltration Preliminary site and yard piping plans will be developed for each alternative. The capital costs developed to evaluate these alternatives will be Class 4 cost estimates, as defined by the Association for the Advancement of Cost Engineering (AACE). Annual operations and maintenance costs (O &M) will be included in the alternatives analysis. The second part of the feasibility study will be to evaluate the feasibility of upgrading the disinfection system to meet the higher Type I standards by implementing UV disinfection as the process that either replaces or supplements the existing Chlorination/Dechlorination system. Preliminary site and yard piping plans, along with Class 4 cost estimates, will be developed. Annual O &M costs will be included U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 61 Exhibit A -1 May 7, 2013 in the alternatives analysis. Cost - benefit and lifecycle costs analyses will be developed to compare the disinfection processes. NOTE: This scope of work specifically excludes the design of tertiary filtration and UV disinfection should the City decide to proceed with the design and construction of these treatment units. Deliverables: Draft and Final Filtration and UV Disinfection Feasibility Study 12 Windstorm Certification Engineer will perform Windstorm calculations, inspections, and provide certification for the following structures: 1. Maintenance Building 2. Generator Building /Control Room Building 3. ECR Building 5 4. ECR Building 6 5. Influent Pump Station (ie. Lift Station No.4) 6. LMWWTP Transfer Pump Station • Prepare WPI -1 form in accordance with the requirements of the Texas Department of Insurance (TDI) for Windstorm for the each of the New Structures; including foundations. • Review design calculations for new building structures and foundations to insure design is in accordance with the International Building Code 2003/2006 and Texas Dept. of Insurance for Windstorm compliance. • Perform wind pressure calculations in accordance with the International Building Code 2003/2006 for all building envelopes to insure all component and cladding elements meet or exceed the requirements of TDI for Windstorm. • Review all necessary submittals for foundation reinforcing, wall and floor framing, windows /frames /anchoring, doors /frames /anchoring, louvers /frames /anchoring and roofing for compliance with TDI. Initial submittal review and one (1) re- submittal review is included in this contract. Additional review of re- submittal's will be performed at an hourly rate of $150.00. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 62 Exhibit A -1 May 7, 2013 • Perform necessary inspections during the entire construction process for all buildings and their respective foundation systems as required to visually verify that all foundation reinforcing, anchorage, primary and secondary framing, connections, sheathing installation, doors, windows and louvers are all constructed as designed. Additional re- inspections will be performed at an hourly rate of $150.00. • Submit WPI -2 —BC -5 forms upon completion of construction to receive the WPI -8 Windstorm Certificate. Windstorm Certification Requirements: The Contractor /Owner shall be responsible for providing all necessary Design / Assembly Documentation for all windows, doors, louvers ... etc. to the Windstorm Engineer / Inspector as required to conform to the requirements of the Texas Department of Insurance. All windows, doors, louvers... etc., at a minimum, shall meet all positive (inward) and negative (outward) wind pressures for "Components and Cladding" in accordance with the International Building Code 2006 (IBC 2006 with latest Texas Revisions) as calculated by Texas Registered Professional Engineer for the specific project. All Custom -Built Doors / Windows must be tested for the appropriate wind design pressures with a certified facility as approved by the Texas Dept. of Insurance prior to receiving any certification. 13 Peer Review Coordination and Response (AUTHORIZED) Anticipated effort is based on providing these services over the course of the 42 month preliminary design /design periods consisting of 12 workshops and 4 preliminary and design submittals. • The City has retained the services of Peer Review Team to review Project Deliverables and provide comments to City and Engineer. Engineer will respond to standard review comments from the City's Peer Review Team. Design revisions based upon Peer Review Comments are not included in this Scope. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 63 Exhibit A -1 May 7, 2013 • Participate as directed by the City in Peer Review of the project with the City and a Peer Review Team, a separate dedicated engineering team for peer review that is contracted by the City. • Provide as directed by the City required responses associated with the limited value engineering evaluation by a Peer Review Consultant of the design phase for the Oso WRP. Redesign efforts to incorporate Value Engineering are not included in this Scope. 13.1 Evaluation of Alternative Delivery Methods Various project delivery methods are available to the Owners of public projects in the State of Texas. While the traditional design- bid -build delivery method remains the most common method, there is considerable interest on the part of Owners in alternative methods of project delivery and the potential of these alternative methods to save money and time. The decision on the project delivery method for the Phase 2 Improvements impacts various aspects of the project including financing, procurement, ownership, and the associated levels of risk carried by the involved parties. Several fundamental project considerations are directly impacted by the delivery method selected. These considerations include the need to adhere to a realistic budget, a schedule that accurately presents the performance period, a responsive and efficient design process that leads to a quality set of documents, a thorough risk assessment followed by the proper allocation of risk by the owner, and a recognition of the level of expertise within the owner's organization or available to it. The most typical methods can be divided into three basic categories: Design- Bid - Build, Construction Management At Risk (CMAR), and Design - Build. The project delivery methods to be examined are: Design- Bid -Build (DBB) — The traditional project delivery approach, which customarily involves three sequential project phases: design, procurement, and construction. Construction Management At Risk (CMAR) — A project delivery method in which the Construction Manager acts as a consultant to the owner in the development and design phases, but assumes the risk U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 64 Exhibit A -1 May 7, 2013 for construction performance as the equivalent of a general contractor holding all trade subcontracts during the construction phase. Design -Build (DB) — A project delivery method that combines architectural and engineering design services with construction performance under a single contract. The project delivery analysis will evaluate each alternative project delivery model for life -cycle costs, risks, and qualitative / quantitative factors and issues. The analysis will include a stakeholder process to receive input from Owner and managers most affected by the new project. This will be accomplished through a series of workshops soliciting stakeholder input. The typical considerations in selecting the most beneficial delivery method are as follows: • Owner's Requirements and Risk Considerations • Project Delivery Methods Available to the Owner • Role of the Construction Manager • Contracting Alternatives • Procurement Alternatives The result of the analysis process will be a recommendation for the most appropriate approach to be used for the Phase 2 Improvements. 14 LMNVWTP Decommissioning The Laguna Madre Wastewater Treatment Plant (LMWWTP) serves the entire Flour Bluff peninsula, operates as an activated sludge process and discharges into the Laguna Madre. The plant is currently treating an ADF of 2.1 MGD and is permitted for 20 mg/L BOD5 and 20 mg/L TSS. The plant was originally constructed in 1971 and was expanded to its current 3.0 MGD average daily and 9.0 MGD peak 2 -hour capacities in 1986. The wastewater treatment plant consists of the following treatment units: U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 65 Exhibit A -1 May 7, 2013 • Office / Administration Building • Maintenance Garage • Influent Plant Lift Station • Headworks Facility with bar screen and grit removal system • Blower Building • One (1) Aeration Basin • Two (2) Secondary Clarifiers • Two (2) Re- aeration Basins • One (2) Pre - thickener Basin • Five (5) Digesters • Chlorine Contact Chamber • Chemical Storage Facilities • Effluent Pump Station • Drying Beds 14.1 Decommissioning The objective of this task is to decommission, demolish, and remove all existing onsite treatment units and infrastructure associated with the LMWWTP so that the plant can be taken out of service and all flows will be transferred to the Oso WRP. Work will be limited to the infrastructure on -site and within the property boundaries as listed above and will be coordinated with the site plan for the new Transfer Station. The infrastructure to be demolished or abandoned includes, but is not limited to, buildings, manholes, subsurface lines, valves, pumps, tanks /basins, filters, drying beds, mechanical equipment, and electrical equipment. The plan will consider the timing and coordination effort associated with the transfer station and will define the proper disposal requirements of all materials, equipment, sludge, etc. In addition, the Engineer will identify any opportunities for salvaging existing equipment. U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 66 Exhibit A -1 May 7, 2013 14.2 Closure Plan The Consultant shall coordinate a meeting with the TCEQ to discuss the closure of the plant and requirements for the regulatory closure associated with it. Based on the meeting results, the Consultant shall prepare the required closure plan for addressing regulatory requirements associated with the closure of Laguna Madre WWTP. A draft of the plan will be prepared for City review. The finalized closure plan will be submitted to the TCEQ. The Consultant shall coordinate with the TCEQ to obtain approval of the closure plan. The closure plan will address sampling of facility structures, soil and groundwater sampling as required by the TCEQ, required analyses of samples, coordination with demolition contractors, coordination for location of utilities, contingency procedures, and a schedule for closure. The closure plan will not address specific facility demolition specifications or plans, public involvement (addressed as an ADDITIONAL SERVICE in Task 14. 1), or implementation of contingency procedures, should they be necessary. 14.3 Closure Report The Consultant shall provide coordination for field support during closure sampling, including field locating sampling locations and monitor well locations (if necessary) in advance of sampling events. The Consultant shall work with field and laboratory personnel to ensure that samples are taken at the correct locations; that they are preserved, shipped, and stored, appropriately; and that analyses are appropriately performed. The Consultant shall evaluate the data obtained in the site investigation (i.e., site observations during the closure investigation and analytical results) and will prepare a draft closure report for the City's review. The final closure report will be submitted to the TCEQ. The Consultant shall provide coordination with the TCEQ in order to gain approval of the Closure Report for the facility. The Consultant shall be responsible for coordinating with the TCEQ and any other approving authorities and for preparing all documents necessary for the City to obtain all permits and approvals associated with this work. Deliverables: Draft and Final Laguna Madre WWTP Closure Report U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 67 Exhibit A -1 May 7, 2013 15 Biogas/Natural Gas Onsite Cogeneration (AUTHORIZED) The use of biogas, which is a valuable, methane -rich gas produced by the anaerobic digestion process in wastewater treatment, is a valuable renewable energy source. Biogas is typically used as the fuel source for a hot water or steam boiler with a heat exchanger to maintain the anaerobic digestion system at the desired temperature; when combined with an internal combustion engine and a generator to simultaneously produce electricity and useful heat, the process is called cogeneration. As the anaerobic digestion process requires primary sludge from the primary clarification, primary clarifiers need to be added to the existing liquid stream process at the Oso WRP. In additional to primary clarifiers, primary sludge pumping and WAS thickening will be needed to augment the anaerobic digesters. The Engineer will prepare a feasibility study to estimate the cost of utilizing biogas in a cogeneration facility to produce electrical power for the Oso WRP and waste heat from the gas engine to heat the digesters. The feasibility study will also evaluate the cost of a natural gas -fuel engine and generator to produce electricity to meet the electrical demand of the expanded Oso WRP as described in TM 6. The feasibility study will include the following: BioWinTM Process Modeling — The existing BioWinTM model of the Oso WRP will be updated to include primary clarification, primary sludge pumping, biological nutrient removal, secondary clarification WAS thickening with filtrate return flow, anaerobic digestion, and dewatered sludge filtrate return flow at the design flow of 24 MGD. The model output will confirm the treatment unit sizing, process air demand, effluent quality, sludge production, and biogas production design criteria. The model will assume the anaerobic digesters will be high -rate with supplemental mixing and heating and operate in the mesophilic range at 35 -C to produce Class B biosolids. • Preliminary Site Plan — An Oso WRP site plan will be prepared. It will be based upon the proposed site plan in TM 6 with the addition of the new treatment processes described above, new odor control equipment, and a cogeneration facility. • Sequencing Plan — A sequencing plan will be developed for the startup of the new process units of the Phase 2 project, while maintaining the existing plant operations. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 68 Exhibit A -1 May 7, 2013 • Estimate of Probable Construction Cost - Class 4 cost estimates, as defined by the Association for the Advancement of Cost Engineering (AACE), will be prepared for (1) the biogas utilization alternative utilizing the additional treatment processes described above and the applicable elements of the proposed upgraded described in TM 6 and (2) a cogeneration facility using natural gas as the single fuel source. • Life -Cycle Cost Estimates — Life -cycle cost estimates will be prepared for both the biogas utilization alternative and the natural gas - fueled cogeneration facility. The estimates will utilize the same life -cycle cost analysis methodology use in TM 9. • Prepare a Draft Biogas Utilization and Natural Gas Cogeneration Feasibility Study. Meet with the City to present and discuss the draft study. Address City comments and submit a Final Feasibility Study. NOTE: This scope of work specifically excludes design of primary clarification, primary sludge pumping, WAS thickening, anaerobic digestion, and cogeneration should the City decide to proceed with the design and construction of these treatment processes. Deliverables: Draft and Final Biogas Utilization and Natural Gas Cogeneration Feasibility Study 16 Oso WRP Energy Audit (AUTHORIZED) Providing wastewater service to municipal and industrial facilities requires a significant amount energy. Rising energy costs require wastewater authorities to better manage energy consumption and identify areas for improvement. Wastewater energy consumption generally accounts for 30% to 60% of the total facility's energy bill. Energy represents the largest controllable cost of providing wastewater services to the public. Many facilities were designed and built without energy costs as a major concern. With large pumps, drives, motors, and other equipment operating 24 hours a day, wastewater utilities can account for some of the largest individual energy expenses incurred by a local community. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 69 Exhibit A -1 May 7, 2013 At a time when many communities are striving to reduce operating costs and greenhouse gas emissions, an energy audit can provide the tools and resources necessary to help eliminate energy waste and lower operating costs of wastewater utilities. A review or thorough study of a facility's energy performance will identify areas for operational improvements and cost savings such as labor, chemicals, maintenance, and disposal costs. A thorough energy assessment may alert managers to other issues that can be identified and explored for further energy reduction measures. An unexplained increase in energy consumption discovered through a utility bill analysis may be indicative of equipment failure, an obstruction, or other problems associated with facility operation that may have not been exposed otherwise. A wastewater facility energy audit by LNV allows the facility owner to discover ways to save money by improving the energy efficiency of current operations. LNV will examine controls systems, primary and secondary treatments, aeration, and offer recommendations for operational improvements. Typically these may include variable frequency drives for speed control, SCADA control systems, pumping operations, aeration system modifications, and scheduling, building - related inefficiencies, and other upgrades to help your facility use less energy. As part of the energy audit, LNV will provide a comprehensive energy analysis and strategic operating plan offering recommendations for retrofitting, replacement, and energy conservation opportunities. The plan contains a financial payback analysis, including estimated annual savings, estimated cost to implement, simple payback, and a savings -to- investment ratio (SIR) for each recommendation. This allows the owner an opportunity to prioritize energy efficiency measures according to your capital budget and allows you to forecast for future capital expenditures. LNV will provide the City with a strategic commercial energy management plan which prioritizes the most cost - effective recommendations for energy savings. The plan includes: • A comprehensive list of recommended energy investments with the best paybacks and savings to investment ratios • A detailed list of low -cost opportunities for energy savings U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 70 Exhibit A -1 May 7, 2013 • Recommendations for energy improvements that could be implemented with the Phase 2 construction • Current and projected energy use • Annual electric and natural gas consumption /costs • A comprehensive analysis of existing energy inefficiencies • A list of potential energy rebates, incentives, grants, and other funding opportunities • Renewable energy opportunities and feasibility • Energy management strategies and how they can be implemented • Inventory and description of existing conditions 16.1 Elements of the Audit Report LNV will prepare an Energy Audit Report that incorporates each of the following elements: 16 1.1 Historic Energy Consumption 1) Compile energy usage and costs for each facility /building for the twelve months prior to the audit including kW, kWh, BTUs, therms, etc. and shall include billing meter readings that corroborate usage. 2) Identify the utility rate schedule under which services are provided to each meter. 3) Enter the required building and utility data into the U.S. Environmental Protection Agency's (EPA) Portfolio Manager energy benchmarking system for comparable wastewater energy performance. 16 1.2 Facility or Measure Description: Characterize facility usage and occupancy profiles, size, construction features including an assessment of the building envelope (windows, doors, insulation, etc.) and process equipment description and operations. J:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 71 Exhibit A -1 May 7, 2013 161.3 Equipment List: Provide a detailed inventory of equipment, which contains pertinent information for all energy consuming equipment including estimate of equipment efficiency and remaining useful life. For example, for lighting, for each area of each building, provide existing fixture type, existing lamp type, existing lamp count and existing ballast type, current watts per fixture and current energy cost per room /building. Similar detail will be provided for other equipment, including but not limited to process equipment such as wastewater pumping systems, aeration systems and chemical feed equipment of the treatment plant. 16 1.4 Energy Conservation Measures: Provide a narrative summary for each energy conservation measure recommended. For example, for lighting recommendations, for each area of each building, provide proposed fixture type, proposed lamp type, proposed lamp count, proposed ballast type, total watts per proposed fixture, projected energy savings per room, projected energy cost savings per room and before and after lighting levels. Similar detail will be provided for other measures. Clearly document the key assumptions made in analyzing each measure and describe the method of analysis. The Energy Audit and Analysis Fee includes: • Preliminary engineering consulting services to provide Oso WRP Nutrient Plant with the preliminary scope of work, estimated installed cost, estimated annual kWh production and resultant energy savings, and a financial analysis including all available incentives. • (2) Bound color copies of the Feasibility Analysis • (1) Electronic Copy on disk • (4) Engineering site visits • Client consultation • Presentation of Energy Assessment U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 72 Exhibit A -1 May 7, 2013 161.5 Limitations LNV, Inc. will rely on the accuracy of any information submitted to us by the CLIENT in the performance of our services, and will not be held responsible for errors or inaccuracies contained in information provided to us. 2. Detailed building energy simulations will not be performed. The study will employ techniques that rely on historical information compiled over the years from similar facilities. Individual building performance will not be modeled in great detail. Rather, building type, size and occupancy will be used to form a rough calculation model of the building (or specific equipment) energy usage for use in determining the estimated results of energy conservation measures. Likewise, construction costs will also be based on historic data compiled from similar installations, and engineering opinion. Deliverables: Draft and Final Feasibility Analysis U:\CorpusChristi\130190 Oso WRP Nutrient Remove - Rerate 24MGD PH2 \AE Contract \2013 -05 -07 Oso PH2 -EXHIBIT A -1.doa Phase 2 Improvements Page 73 Exhibit A -1 May 7, 2013 N — 00 ss W ' \ O rt \ � T -n � DO 1:1 s55 d EE 1 sd a W00 \ G 2 ry 0 o a ca o Llz z :o o o w N >_ C W o C d U `z cp N — 00 ss W ' \ O rt \ � T -n � DO 1:1 s55 d EE 1 sd a W00 \ G 2 ry _.. In association with DATE: May 7, 2013 Jacobs Engineering Group BY JB & LB & JH engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 CONTRACT A LJCJIVN - D/1JIli JCR V IIiC O.V %0 .p '+ "+0'3,VVV ENGINEERING - ADDITIONAL SERVICES 2.0% $ 1,121,000 1 Influent Pump Station 1 LS $ 9,910,000 $ 9,910,000 2 Headworks 1 LS $ 9,734,000 $ 9,734,000 3 East Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 4 West Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 5 New East Process Train No. 3 1 LS $ 11,245,000 $ 11,245,000 6 New West Process Train No. 4 1 LS $ 10,545,000 $ 10,545,000 7 Maintenance Building 1 LS $ 1,158,000 $ 1,158,000 8 Disinfection System Modifications & Chlorine Contact Basin Mech Equip. Replacement 4 EA $ 325,000 $ 1,300,000 9 Digester No 2,3 & 4 Mech Equip Replacement 3 EA $ 325,000 $ 975,000 CONSTRUCTION SUB TOTAL (2013 $) $ 56.037.000 LJCJIVN - D/1JIli JCR V IIiC O.V %0 .p '+ "+0'3,VVV ENGINEERING - ADDITIONAL SERVICES 2.0% $ 1,121,000 TOPOGRAPHIC SURVEY 0.3% $ 169,000 CONTRACT ADMINISTRATION 3.0% $ 1,682,000 ENGINEERING SERVICES 3.5% $ 1,962,000 CONSTRUCTION INSPECTION 3.5% $ 1,962,000 TESTING 1.0% $ 561,000 BOND INSURANCE (1.0 %) $ 561,000 II ADMINISTRATIVE SUB TOTAL $ 12.790.000 II CONSTRUCTION TOTAL (2017 $)Note 1 $63,071,000 PROJECT TOTAL (2017 $)Note 1 $75,861,000 CONTRACT B 1 LMWWTP Decommissioning & Transfers 1 LS $ 27,161,000 $ 27,161,000 0 MIX CONSTRUCTION SUB TOTAL (2013 $) $ 27,161,000 DESIGN - BASIC SERVICE 8.0% $ 2,173,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 44,000 TOPOGRAPHIC SURVEY 0.3% $ 82,000 CONTRACT ADMINISTRATION 3.0% $ 815,000 ENGINEERING SERVICES 3.5% $ 951,000 CONSTRUCTION INSPECTION 3.5% $ 951,000 TESTING 1.0% $ 272,000 BOND INSURANCE 1.0% $ 272,000 MISC. PRINTING, ETC 0.5% $ 136,000 ADMINISTRATIVE SUB TOTAL $ 5,700,000 CONSTRUCTION TOTAL (2018 $)Note 1 $31,488,000 PROJECT TOTAL (2018 $)Note 1 $37,188,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. 2. Items not included in the estimate are any structures or equipment identified during the condition assessment as requiring upgrades, rehabilitation, or replacement including but not limited to the outfall facilities, administration building, belt press building, digesters, clarifiers and /or yard piping. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 1 of 9 In association with: engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re-rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 DESCRIPTION Proposed Influent Lift Station Project Estimates DATE: March 20,2013 1 Mobilization 1 LS 370,000 $ 370,000 2 Utility Relocation Allowance 1 LS 300,000 $ 300,000 3 Excavation 1 LS 500,000 $ 500,000 5 New 60" Inlet Piping 500 LF 1,000 $ 500,000 6 Lift Station Dual Wet Well 1 LS 750,000 $ 750,000 7 Submersible Influent Pumps 8 EA 150,000 $ 1,200,000 8 Lift Station Building 1500 SF 300 $ 450,000 9 Yard piping & Fittings 1 LS 500,000 $ 500,000 10 Flow Metering 1 EA 200,000 $ 200,000 11 Pump Hoist & Lifting System 1 LS 150,000 $ 150,000 13 Electrical, Instrumentation & Programming 1 LS 2,400,000 $ 2,400,000 CONSTRUCTION SUB TOTAL (2013 $) $ 9,910,000 DESIGN - BASIC SERVICE (8.0%) $ 793,000 ENGINEERING - ADDITIONAL SERVICES (2.0%) $ 199,000 TOPOGRAPHIC SURVEY (0.3%) $ 30,000 CONTRACT ADMINISTRATION (3.0%) $ 298,000 ENGINEERING SERVICES (3.5%) $ 347,000 CONSTRUCTION INSPECTION (3.5%) $ 347,000 ADMINISTRATIVE SUB TOTAL $ 2,270,000 NOTES: 1 Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX OeoVVRP Nutrient Removal and Re-rate to24MGD Phase 2FINAL Project Estimates City Project No. E122OO Page 2of9 In association with: Jacobs Engineering Group engineers I architects 9 contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 DESCRIPTION: Proposed Headworks Structure DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 360,000 $ 360,000 2 Sludge removal and disposal 1 LS $ 150,000 $ 150,000 3 Demolition (Removal of buried post thickeners and Existing Headworks facility) 1 LS $ 350,000 $ 350,000 4 Pier Foundation - (54) 36" dia piers @ 50' Depth) 2700 VF $ 120 $ 324,000 5 Utility Relocation 1 LS $ 100,000 $ 100,000 6 Excavation 1 LS $ 50,000 $ 50,000 7 Modifications to Existing Lift Station Force Mains 500 LF $ 500 $ 250,000 8 Bar Screen Channel Concrete Structure 1 LS $ 500,000 $ 500,000 9 Grit Basin Concrete Structure 1 LS $ 750,000 $ 750,000 10 Bar screens, Compactors, Gates 1 LS $ 1,500,000 $ 1,500,000 11 Vortex Grit Equipment 4 EA $ 400,000 $ 1,600,000 12 Miscellaneous Piping 1 LS $ 300,000 $ 300,000 13 Electrical and Instrumentation 1 LS $ 500,000 $ 500,000 14 Odor Control Facilitv Improvements 1 LS $ 750.000 $ 750.000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 9,734,000 11 DESIGN - BASIC SERVICE 8.0% $ 779,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 195,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 293,000 ENGINEERING SERVICES 3.5% $ 341,000 CONSTRUCTION INSPECTION 3.5% $ 341,000 TESTING 1.0% $ 98,000 BOND INSURANCE 1.0% $ 98,000 MISC. PRINTING, ETC 0.5% $ 49,000 ADMINISTRATIVE SUB TOTAL $ 2,230,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 3 of 9 LNV In association with: 1 Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 2 DESCRIPTION: East Plant Aeration Basin Retrofit 1 DATE: March 20, 2013 BY: JB &LB &JH 1 Mobilization 1 LS $ 210,000 $ 210,000 2 Sludge removal & disposal 1 LS $ 250,000 $ 250,000 3 Utilty relocation RS piping) 1 LS $ 160,000 $ 160,000 4 Demolition 160' baffle wall 1 LS $ 100,000 $ 100,000 5 New baffle walls 1 LS $ 250,000 $ 250,000 6 Yard piping modifications 1 LS $ 500,000 $ 500,000 7 Mixers, MLR pump & pipe, WAS pump & pipe 1 LS $ 750,000 $ 750,000 8 New fine bubble diffusers 1 LS $ 525,000 $ 525,000 9 Upgrades to air piping (automated valves 1 LS $ 450,000 $ 450,000 10 Walkway retrofit due to new air pipe 1 LS $ 250,000 $ 250,000 11 Electrical and Instrumentation 1 LS $ 850,000 $ 850,000 111111101 ki 639:11,161 Ice] ki 6 *114111 rill r!1 Iffookel161in I DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 4 of 9 LNV In association with: 1 Jacobs Engineering Group engineers architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 1 DESCRIPTION: West Plant Aeration Basin Retrofit $ 250,000 DATE: March 20, 2013 BY: JB &LB &JH 1 Mobilization 1 LS $ 210,000 $ 210,000 2 Sludge removal & disposal 1 LS $ 250,000 $ 250,000 3 Utilty relocation RS piping) 1 LS $ 160,000 $ 160,000 4 Demolition 160' baffle wall 1 LS $ 100,000 $ 100,000 5 New baffle walls 1 LS $ 250,000 $ 250,000 6 Yard piping modifications 1 LS $ 500,000 $ 500,000 7 Mixers, MLR pump & pipe, WAS pump & pipe 1 LS $ 750,000 $ 750,000 8 New fine bubble diffusers 1 LS $ 525,000 $ 525,000 9 Upgrades to air piping (automated valves) 1 LS $ 450,000 $ 450,000 10 Walkway retrofit due to new air pipe 1 LS $ 250,000 $ 250,000 11 Electrical and Instrumentation 1 LS $ 850,000 $ 850,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 11 DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 5 of 9 In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 DESCRIPTION: Proposed East Aeration Basin (Train 3) Project DATE: March 20, 2013 BY: WLB & BHE & JH ;> t n : "nPr� T#i:rT� 71 1 Mobilization 1 LS $ 420,000 $ 420,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 News litter box with gates 1 LS $ 350,000 $ 350,000 4 Isolation Structures Clarifier & RAS 2 EA $ 100,000 $ 200,000 5 Excavation/ fill/ disposal 20000 CY $ 30 $ 600,000 6 Dewaterin 1 LS $ 250,000 $ 250,000 7 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 8 Yard &Air piping modifications 1 LS $ 1,100,000 $ 1,100,000 9 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 10 Diffusers 1 LS $ 525,000 $ 525,000 11 Air piping (automated valves) 1 LS $ 450,000 $ 450,000 12 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 13 Walkways, Safety Rails 1 LS $ 250,000 $ 250,000 14 Electrical and Instrumentation 1 LS $ 1,250,000 $ 1,250,000 CONSTRUCTION SUB TOTAL (2013 $) $ 11,245,000 DESIGN - BASIC SERVICE 8.0% $ 900,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 225,000 TOPOGRAPHIC SURVEY 0.3% $ 34,000 CONTRACT ADMINISTRATION 3.0% $ 338,000 ENGINEERING SERVICES 3.5% $ 394,000 CONSTRUCTION INSPECTION 3.5% $ 394,000 TESTING 1.0% $ 113,000 BOND INSURANCE 1.0% $ 113,000 MISC. PRINTING, ETC 0.5% $ 57,000 ADMINISTRATIVE SUB TOTAL $ 2,570,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 6 of 9 LNVIn association with DATE: March 20, 2013 Jacobs Engineering Group BY WLB & BHE & JH engineers architects f contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO E12206 DESCRIPTION: Proposed West Aeration Basin (Train 4) Project 1 Mobilization 1 LS $ 330,000 $ 330,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 Isolation Structures Clarifier & RAS 2 EA $ 100,000 $ 200,000 4 Excavation/ fill /disposal 20000 CY $ 30 $ 600,000 5 Dewaterin 1 LS $ 250,000 $ 250,000 6 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 7 Yard & Air piping modifications 1 LS $ 900,000 $ 900,000 8 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 9 Diffusers 1 LS $ 525,000 $ 525,000 10 Air piping (automated valves 1 LS $ 450,000 $ 450,000 11 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 12 Walkways & Safety Rails 1 LS $ 250,000 $ 250,000 14 Electrical and Instrumentation 1 LS $ 1,350,000 $ 1,350,000 CONSTRUCTION SUB TOTAL (2013 $) $ 10,545,000 DESIGN - BASIC SERVICE 8.0% $ 844,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 211,000 TOPOGRAPHIC SURVEY 0.3% $ 32,000 CONTRACT ADMINISTRATION 3.0% $ 317,000 ENGINEERING SERVICES 3.5% $ 370,000 CONSTRUCTION INSPECTION 3.5% $ 370,000 TESTING 1.0% $ 106,000 BOND INSURANCE 1.0% $ 106,000 MISC. PRINTING, ETC 0.5% $ 53,000 ADMINISTRATIVE SUB TOTAL $ 2,410,000 $ NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 7 of 9 In association with: Jacobs Engineering Group engineers I architects 9 contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL PROJECT NO: E12206 DESCRIPTION: Maintenance Building DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 43,000 $ 43,000 2 Site Clearing & Preparation 1 LS $ 20,000 $ 20,000 3 Metal Building & Foundation 3000 SF 3000 SF $ 200 $ 600,000 4 Utility Relocation 1 LS $ 25,000 $ 25,000 5 Plumbing & HVAC 1 LS $ 150,000 $ 150,000 6 Electrical Improvements 1 LS $ 50,000 $ 50,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 1,158,000 11 DESIGN - BASIC SERVICE 8.0% $ 93,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 24,000 TOPOGRAPHIC SURVEY 0.3% $ 4,000 CONTRACT ADMINISTRATION 3.0% $ 35,000 ENGINEERING SERVICES 3.5% $ 41,000 CONSTRUCTION INSPECTION 3.5% $ 41,000 TESTING 1.0% $ 12,000 BOND INSURANCE 1.0% $ 12,000 MISC. (PRINTING, ETC) (0.5 %) $ 6,000 11 ADMINISTRATIVE SUB TOTAL $ 270,0001 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 8 of 9 LNV engineers architects I contractors PROJECT: Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL 1PROJECTNO: E12206 DESCRIPTION: Laguna Madre WWTP Decommissiong, Transfer Lift Station & Wastewater /Effluent Force Mains Project DATE: May 7, 2013 BY WLB 1 Mobilization 1 LS $ 1,000,000 $ 1,000,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation for Wet Well 1 LS $ 35,000 $ 35,000 4 Dewatering for Wet Well 1 LS $ 40,000 $ 40,000 5 New 36" Inlet Piping 100 LF $ 350 $ 35,000 6 Dual Concrete Wet Well 1 LS $ 150,000 $ 150,000 7 135 HP Submersible Influent Pumps 6 EA $ 80,000 $ 480,000 8 Lift Station Building 1000 SF $ 300 $ 300,000 9 LS Yard piping Modifications 1 LS $ 50,000 $ 50,000 10 Flow Metering 1 EA $ 125,000 $ 125,000 11 Pump Hoist & Lifting System 1 LS $ 125,000 $ 125,000 12 Demolition & Decommissioning of LMWWTP 1 LS $ 750,000 $ 750,000 13 Electrical, Instrumentation & Programming 1 LS $ 1,000,000 $ 1,000,000 14 Dual 20 -in Wastewater Force Main to Oso WRP 29300 LF $ 280 $ 8,204,000 15 Dual 20 -in Wastewater FM Installed across Oso Bay via HDD 4750 LF $ 650 $ 3,087,500 16 Dual 20 -in Wastewater FM across Shoreline Bridge 1700 LF $ 300 $ 510,000 17 12 -in Effluent Force Main to LMWWTP 29300 LF $ 85 $ 2,490,500 18 HDD Effluent FM installed across Oso Bay via 4750 LF $ 170 $ 807,500 19 12 -in Effluent FM across Shoreline Bridge 1700 LF $ 100 $ 170,000 21 Dewatering by Well Pointing for both FMs 29300 LF $ 25 $ 732,500 22 HMACP Pavement Repair (3300 LF) 2567 SY $ 60 $ 154,000 23 JAir Release Valve Manholes & Assembly 20 EA $ 9,000 $ 180,000 24 lGate Valves @ 4000' Spacing 30 EA $ 5,500 $ 165,000 .... . CONSTRUCTION SUB TOTAL (2013 $) $ 27,161,000 DESIGN - BASIC SERVICE 8.0% $ 2,173,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 544,000 TOPOGRAPHIC SURVEY 0.3% $ 82,000 CONTRACT ADMINISTRATION 3.0% $ 815,000 ENGINEERING SERVICES 3.5% $ 951,000 CONSTRUCTION INSPECTION 3.5% $ 951,000 TESTING 1.0% $ 272,000 BOND INSURANCE 1.0% $ 272,000 MISC. PRINTING, ETC 0.5% $ 136,000 ADMINISTRATIVE SUB TOTAL $ 6,200,000 , NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal and Re -rate to 24 MGD - Phase 2 FINAL Project Estimates City Project No. E12206 Page 9 of 9 U a O U 0 a U >Z v O � N Y p. ug a O x . i' II�IIIAIIIIIIIIIIIIIII�I�A II�IIIg111111111111111i1iN Il�lllglllllllllllllllilill II�III�IIIIIIIIIIIIIIIiIiN �I ■IIIg111111111111111 ■I ■N t �Illtl�llllllllllllll�l�� t �IIIq�IIIIIIIIIIIIII�I�N :1111011116 :IIIliilllll� t �IIIq�IIIIIIIIIIIIII�I�Y t ■IIINIIIIIIIIIIIIIII ■I ■N t �III��IIII�IIIIIIIII�I�� t �IIIB�IIIIIIIIIIIIII�I�11 ■ �Illtlp�llllllIllllllll�l�lryl t ����BpO�����Ip���III�����tl t ����NO����II���II������� lv i II >Z v O � N Y p. ug a O x j ..... 1111111 ����� U a O U 0 a U II�IIIg111111111111111i1iN II�IIINIIIIIIIIIIIIIIIiIiA 11�111�111111111111111�1�� �I ■IIIIIIIIIIIIIIIIIIII ■I ■N t �Illtl�llllllllllllll�l�d t �IIIN�IIIIIIIIIIIIII�I�N t �Il�d�llll��llll��ll�l�� t �IIIR�Illlllllllllll�l�tl t ■IIItl111111111111111 ■I ■N :1IIINIIIIIIIIIII�IIIIII� t �IIIq�IIIIIIIIIIIIII�I�N ■ �IIIY�IllllIlIllllllIll�l�tl t �II���IIIIIIIIII�III�I�� C 1IIINIIIII�IIIIIIIIIIII� >Z v O OM ug a O x EW >Z v O OM ug a O x �' ?o ��; 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 AUTOMOBILE LIABILITY to included 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 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx $1,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT $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 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -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 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B 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 KAEngineering Data Exchange \JENNIFER \FORMS \Exhibit B for Large.docx ac l � m — a e 11 C W I W 000 N lezz ® z° J � C C V z 'O V O V Z N w m O r O N 0 0 0 0 M N oa�oog goo��pp� c,,Zo�o� 01, C6 0 0 0 0 8 h o o p m p m p o g o o o�000�o 0000mpmppmmo �a� � r d�} 0 0 Ou�o�r°,°o °a �oNppoN co �N� N O Irz� N LO H t0 N "Z 10 z� m ® O O ® N O p m p m O N N N �N- r- O O to 4! O 0000000 O S O r N N tD N ~ N C6 N 1 N U. 0. i'a a :c Z s :' o c��m oc() m2Q E a�a �v 1°' �g1 E o!f ammt°�v� ��� c�Ov�iv� a'cc�a�� EXHIBIT "C" Pau* 1 of 1 db SUPPLIER NUMBER TO BE ASSIGNED BY CrFY = PURCHASING DIVISION w`f CITY OF CORPUS CHRISTI City of corpus DISCLOSURE OF INTEREST Chnsti 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: LNV, INC. P. O. BOX: N/A STREET ADDRESS: 801 Navigation, Ste 300 CITY: Corpus Christi ZIP: 78408 - FIRM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner E] 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 "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 Dan S. Leyendecker Marina Advisory Board 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 XHIBIT `B" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, PA Title: President (Type or Print) Signature of Certifying Date: ���1 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 "B" Page 2 of 2 � N � O oz O � o � N u N O U � O b�A V c�3 V O �-1 P-� C) C) V) .O ct O O C) r-I C) ct • r-4 U U U .ct O ct cn 0 0 4 ct O 4-1 i ct U 9 4-1 ct U bA 3 Ct U O U ct U O ct U O U � • ct 4--+ cn %.%j 4—a U � � O U ct a 4 ct ct U .ct 0 U 0 cq ,--4 ,--4 w •O U O 4-1 cn O OR r O I4 .C) C� bA .O LI C) ct • F--4 F--4 U bA O O ct c C) "--4 ct o bo 4-J C ct.' U � U U 4= U O 4-1 � O � U � r♦ O 4 LL cv � n wr Q U W O b�A V c�3 V O �-1 P-� C) C) V) .O ct O O C) r-I C) ct • r-4 U U U .ct O ct cn 0 0 4 ct O 4-1 i ct U 9 4-1 ct U bA 3 Ct U O U ct U O ct U O U � • ct 4--+ cn %.%j 4—a U � � O U ct a 4 ct ct U .ct 0 U 0 cq ,--4 ,--4 w •O U O 4-1 cn O OR r O I4 .C) C� bA .O LI C) ct • F--4 F--4 U bA O O ct c C) "--4 ct o bo 4-J C ct.' U � U U 4= U O 4-1 � O � U � r♦ O 4 LL cv V J V J n� n� —J V J O A � n 'n r Q � Q � U W V J V J n� n� —J V J O A O 4-� w O WE Kii i�-j Jn 'n r U LU O 4-� w O WE Kii m i�-j Jn 'n r U LU m d--� u to V .0 O 4-j CtN a) �ct or.cl Ctr--4 C� 1 C) C) 4-j Ct • C) 4-j o� 0 w a A w O O O � n O O O O O wr O O O O O O m rrQ V LU d--� u to V .0 O 4-j CtN a) �ct or.cl Ctr--4 C� 1 C) C) 4-j Ct • C) 4-j o� 0 w a A w O O O O O O O O O O O O O O O O m ON N co -C,S -CS co ct 0 a V) ct G oa N U U 4-J ct ct �w : : : F O F O N O O N O O O co (0"0 O a Lo Cr 00 O 00 -c's -Cos .W U : bA ' .4--J o :W U : 'A o • O co a-J : [••� tt :. �•4--J 4 a ct . •W V) • b � �C 4 LL L-1 engineers I architects I contractors TBPE No. F-366 Phone: (361) 883-1984 Fax: (361) 883-1986 801 Navigation, Suite 300 Corpus Christi, Texas 78408 MLLIAM LOOM WWON 99383 In Association with: Colwell & Associates, Inc. — Mike E. Colwell, P.E. Alan Plummer Associates, Inc. — Rex Hunt, P.E. Oso Water Reclamation Plant Cir of Nutrient Removal Project (Ammonia) LNV Corpus City Project No. E09007 Christi LNV Project No. 101040.00 JACOBS TECHNICAL MEMORANDUM NO.6 - FINAL Date: April 15, 2013 To: Dan Biles, P.E. - Director of Engineering From: Logan Burton, P.E., Joshua Brown, P.E., Mike Colwell, P.E., Rex Hunt, P.E. Subject: Regulatory Compliance and Implementation Plan Copies To: Bill Green, P.E., Foster Crowell, Joe Trejo, P.E. 1.0 INTRODUCTION ................................................................................................ ............................... 3 1.1 PURPOSE .......................................................................................................... ..............................3 1.2 OBJECTIVES ...................................................................................................... ..............................3 2.0 BACKGROUND .................................................................................................. ..............................5 2.1 SERVICE AREA AND FLOWS .............................................................................. ............................... 5 2.2 EXISTING FACILITIES DESCRIPTION ..................................................................... ..............................7 2.3 FLOW AND LOADINGS ........................................................................................ ............................... 7 2.4 CURRENT PERMIT AND CONDITIONS .................................................................. ............................... 8 2.5 POTENTIAL FUTURE PERMIT LIMITATIONS .......................................................... ............................... 9 2.5.1 Potential for Reduced Ammonia - Nitrogen and /or Carbonaceous Biochemical Oxygen DemandLimits ....................................................................................................... ............................... 9 2.5.2 Potential for Total Nitrogen Limits ........................................................ ............................... 10 2.5.3 Potential for Total Phosphorus Limits .................................................. ............................... 10 2.6 EVALUATION OF OUTFALL RELOCATION ........................................................... ............................... 10 r: »_rI LTA l=1Ll III iy_Te31I III II=" ATIA 1111111h_11r[•7Ll V 3.1 INFLUENT PUMPING ........................................................................................ ............................... 12 3.1.1 Proposed Improvements ...................................................................... ............................... 12 3.2 HEADWORKS .................................................................................................... .............................12 3.2.1 Screenings ........................................................................................... ............................... 13 3.2.2 Grit Removal ........................................................................................ ............................... 13 3.2.3 Proposed Improvements ...................................................................... ............................... 13 3.3 ODOR CONTROL ............................................................................................. ............................... 14 3.4 SECONDARY TREATMENT ................................................................................ ............................... 15 3.4.1 Aeration Basins .................................................................................... ............................... 16 3.4.2 Retrofit Existing Aeration Basins .......................................................... ............................... 16 3.4.3 Proposed Aeration Basins .................................................................... ............................... 18 3.4.4 Future Phosphorus Removal ............................................................... ............................... 19 3.4.5 Process Air Blowers ............................................................................. ............................... 20 3.4.6 Secondary Clarifiers ............................................................................. ............................... 21 3.5 BIOSOLIDS STABILIZATION ................................................................................. .............................22 3.5.1 Federal Regulations ............................................................................. ............................... 22 3.5.2 State of Texas Regulations .................................................................. ............................... 24 3.5.3 Class B Biosolids Options .................................................................... ............................... 24 3.5.4 Class A Biosolids Options .................................................................... ............................... 25 3.6 DISINFECTION ................................................................................................... .............................25 3.6.1 Impact of Sodium on Disinfection ......................................................... ............................... 26 3.7 ELECTRICAL SYSTEM ...................................................................................... ............................... 27 3.7.1 Existing Electrical System .................................................................... ............................... 27 \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.7.2 Electrical System Improvements .......................................................... ............................... 27 3.7.3 Electrical Energy Savings and Conservation ....................................... ............................... 28 3.8 INSTRUMENTATION AND CONTROLS ................................................................... .............................28 3.8.1 Existing SCADA System ...................................................................... ............................... 28 3.8.2 SCADA Improvements ......................................................................... ............................... 28 3.9 BUFFER ZONE .................................................................................................. .............................29 ��1 •�: 11111M X01 9 1 LTil»=1PiI=1ki IIrael1101 ki ] 4.1 RECOMMENDED PLAN ....................................................................................... .............................29 ..............................6 4.1.1 Lift Station No. 4 ................................................................................... ............................... 29 4.1.2 Headworks ........................................................................................... ............................... 30 4.1.3 Process Train No. 3 Aeration Basin ..................................................... ............................... 30 4.1.4 Existing Aeration Basin Retrofits .......................................................... ............................... 30 4.1.5 Process Train No. 4 Aeration Basin ..................................................... ............................... 30 4.1.6 Disinfection ............................................................................................. .............................30 .............................14 4.2 RECOMMENDED PLAN COSTS ........................................................................... .............................31 .............................14 4.3 PHASING OF CAPITAL IMPROVEMENTS ............................................................... .............................32 .............................15 TABLES Table 2 -1 Service Area Summary ................................................................... ..............................6 Table 2 -2 Oso WRP Service Area Flows ........................................................ ..............................6 Table 2 -3 Design Flows and Loads ................................................................ ..............................7 Table 2 -4 TPDES Permit Limits (Final Phase) ................................................ ..............................9 Table 3 -1 Existing Influent Pump Capacity .................................................... .............................12 Table 3 -2 Proposed Lift Station Design Criteria ............................................. .............................12 Table 3 -3 Bar Screen Design Criteria ............................................................ .............................14 Table 3 -4 Grit Basin Design Criteria .............................................................. .............................14 Table 3 -5 Odor Control Design Criteria ......................................................... .............................15 Table 3 -6 Existing Aeration BasinParameters ............................................... .............................16 Table 3 -7 ProposedAeration Basin Design Criteria ....................................... .............................18 Table3 -8 Existing Blowers ............................................................................ .............................20 Table 3 -9 Process Air Demands .................................................................... .............................21 Table 3 -10 Secondary Sedimentation Basin Equipment ............................... .............................21 Table 4 -1 Phase 2 Cost Estimate Summary .................................................. .............................31 FIGURES Figure 2 -1 Oso WRP Aerial Photograph ........................................................ ..............................5 Figure 2 -2 Oso WRP Process Schematic ...................................................... ..............................7 Figure 3 -1 Proposed Headworks Facility ...................................................... .............................14 Figure 3 -2 Existing Oso WRP Secondary Treatment Schematic .................. .............................15 Figure 3 -3 Existing Aeration Basin Retrofit ................................................... .............................17 Figure 3 -4 Proposed Aeration Basin Schematic ........................................... .............................18 Figure 3 -5 Existing Aeration Basin — Altered for P Removal ........................ .............................19 Figure 3 -6 New Aeration Basin — Altered for P Removal .............................. .............................20 APPENDICES Appendix A — Exhibits Appendix B — Cost Estimates Appendix C — Buffer Zone Easement \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 2 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 1.0 INTRODUCTION The Oso Water Reclamation Plant (Oso WRP) serves a large and growing portion of the City of Corpus Christi, Texas (City). On April 29, 2011, the Texas Commission of Environmental Quality (TCEQ) issued a renewal of the plant's Texas Pollutant Discharge Elimination System ( TPDES) permitwhich included a new monthly effluent ammonia limit of 4 mg /L. Prior to this renewal, the Oso WRP permit did not contain an ammonia limitation. The renewed permit also included a compliance date of October 29, 2013 to meet the new ammonia limit. The purpose of the compliance schedule was to provide sufficient time so that the City could design, construct, and commission the necessary improvements to meet this ammonia limit. As a result of these factors, the City retained LNV team consisting of Jacobs, Colwell & Associates, and Alan Plummer Associates, to provide engineering services for the Oso WRP Nutrient Removal Project (Ammonia). The proposed improvements identified by the LNV Team are proposed to be implemented in two phases: Phase 1 of this project includes the temporary Breakpoint Chlorination Facility and Step Feed Improvements which are currently under construction and are scheduled for completion in August 2013. The near -term (temporary) solutions are described in more detail in Technical Memorandum No. 3 — Ammonia Removal Alternatives Evaluation dated January 3, 2012. The BPC facility is currently being designed as a temporary, short -term, low- capital cost means to meet the plant's new effluent ammonia requirements while planning and implementation of the permanent long -term Phase 2 improvements are completed. • Phase 2 of the improvements will include significant facility upgrades necessary for the plant to meet anticipated regulatory requirements and plant flows, to ensure continued plant reliability and to replace the Phase 1 Breakpoint Chlorination (BPC) Facility. This Regulatory Compliance and Implementation Plan details and describes the capital improvements necessary to meet the current and anticipated (future) effluent regulations. 1.1 PURPOSE This memorandum focuses on the Phase 2 improvements which include long -term process modifications and enhancementsintended to replace the temporary, near -term improvements included in Phase 1. The long -term improvements described in this memorandum will address anticipated capacity and regulatory requirements along with providing accommodations tostreamlinepotential upgrades in the future(i.e. improvements for total nitrogen and phosphorus removal). 1.2 OBJECTIVES Based on workshops conducted with City staff, the team identified the objectives and capabilities of the Oso WRP Phase 2 improvementswhich include the following: • Maintain TPDES permit compliance • Biological ammonia and total nitrogen removal • Accommodations for implementing future phosphorus removal • Effective and reliable disinfection • Re -rate the average daily flow capacity to meet anticipated future flows • Maintain peak hour flow capacity of 98 MGD \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 3 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN • Improved process automation and monitoring • Reduce process and maintenance costs • Reduce process odors • Provide operational and maintenance flexibility • Maximize the value of existing assets • Improvements must be located within existing property boundaries Upgrades to the following process facilities were specifically omitted from the scope of this project: Solids dewatering.The existing solids dewatering (belt press) facility is being replaced with a new facility designed to handle all foreseeable flows. The new dewatering facility is currently under construction. Recycled water systems.A City -wide recycled water master plan is currently being prepared by others. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 4 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 2.0 BACKGROUND The Oso WRP is the largest of 6 treatment plants owned and operated by the City of Corpus Christi. The plant was originally constructed in 1941 and the most recent major upgrade to the Oso WRP was completed in 1985 where the plant's activated sludge process was converted to contact stabilization and capacities were increased to accommodate average daily flows of 16.2 MGD and peak hour flows of up to98.0 MGD. The Oso WRP is configured as two identical parallel trains; each rated at 8.1 MGD average daily flow. The contact stabilization configuration is designed to remove BOD efficiently, but is not well- suited for ammonia removal and is actually precluded from use as a nitrifying process by TCEQ. As a result, the long -term improvements will require major facility upgrades. Figure 2 -1 below and Exhibit A in the Appendix show an aerial photograph of the existing plant. Figure 2 -1 Oso WRP Aerial Photograph 2.1 SERVICE AREA AND FLOWS The Oso WRP serves approximately 24,143 acres in the southern part of the City, including much of the City's planned growth areas. Refer to Exhibit B in the Appendix for a service area map. The table below summarizes the service area according to developed and undeveloped areas. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 5 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN i apie d --i service Area summa NOTES: 1. Area 1 and Area 2 reference the Sub -basin master plan studies adopted in 2007. 2. Refer to Oso WRP Service Area Map for aerial photograph. As shown in the table above, the existing service area is approximately 75% developed. With the anticipated growth in the area, the plant flows are expected to rise as the undeveloped areas become urbanized. Average daily influent flow data from 2006 through 2012 indicates average daily flows of 11.5 MGD. Dividing the average daily flow by the developed acreage currently being served (18,157 acres) correlates to a wastewater production of 0.63 MGD per 1,000 acres of developed service area. The full build -out flow rates have been projected as shown in the table below to be 15.2 MGD. Table 2 -20so WRP Service Area Flows With respect to TCEQ's 75/90 "forced planning rule" ( §305.126), the plant should have an absolute minimum average daily plantrating of approximately 20.3 MGD (15.2 MGD / 75 %)to avoid exceeding 75% of its capacity in the foreseeable future. In addition, to provide maintenance flexibility where a train can be taken out of service for equipment repairs, cleaning and /or servicing, the plant should have an absolute minimum firm capacity (1 train out of service) of 15.2 MGD. With these design criteria in mind, the Oso WRP Phase 2 improvements must provide one of the following options: • Four (4) trains rated at 5.1 MGDeach providing: • ADF Capacity = 20.4 MGD • 2 -Hr Peak Capacity = 98.0 MGD • Firm Treatment Capacity = 15.3 MGD • Three (3) trains rated at 7.6 MGDeach providing: • ADF Capacity = 22.8 MGD • 2 -Hr Peak Capacity = 98.0 MGD • Firm Treatment Capacity = 15.2 MGD In order to maximize the value of the City's existing assets and to maintain the footprint within the City's existing property, it is absolutely necessary that the existing plant trains be retrofitted \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 6 of 32 Excluding 20,088.49 88% 17,677.87 2,410.62 Al & A2 Area 1(1) 1,490.54 15% 223.58 1,266.96 Area 2(1) 2,563.74 10% 256.37 2,307.37 TOTAL 24,142.77 75% 18,157.83 5,984.94 ' NOTES: 1. Area 1 and Area 2 reference the Sub -basin master plan studies adopted in 2007. 2. Refer to Oso WRP Service Area Map for aerial photograph. As shown in the table above, the existing service area is approximately 75% developed. With the anticipated growth in the area, the plant flows are expected to rise as the undeveloped areas become urbanized. Average daily influent flow data from 2006 through 2012 indicates average daily flows of 11.5 MGD. Dividing the average daily flow by the developed acreage currently being served (18,157 acres) correlates to a wastewater production of 0.63 MGD per 1,000 acres of developed service area. The full build -out flow rates have been projected as shown in the table below to be 15.2 MGD. Table 2 -20so WRP Service Area Flows With respect to TCEQ's 75/90 "forced planning rule" ( §305.126), the plant should have an absolute minimum average daily plantrating of approximately 20.3 MGD (15.2 MGD / 75 %)to avoid exceeding 75% of its capacity in the foreseeable future. In addition, to provide maintenance flexibility where a train can be taken out of service for equipment repairs, cleaning and /or servicing, the plant should have an absolute minimum firm capacity (1 train out of service) of 15.2 MGD. With these design criteria in mind, the Oso WRP Phase 2 improvements must provide one of the following options: • Four (4) trains rated at 5.1 MGDeach providing: • ADF Capacity = 20.4 MGD • 2 -Hr Peak Capacity = 98.0 MGD • Firm Treatment Capacity = 15.3 MGD • Three (3) trains rated at 7.6 MGDeach providing: • ADF Capacity = 22.8 MGD • 2 -Hr Peak Capacity = 98.0 MGD • Firm Treatment Capacity = 15.2 MGD In order to maximize the value of the City's existing assets and to maintain the footprint within the City's existing property, it is absolutely necessary that the existing plant trains be retrofitted \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 6 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN and re- rated. Process modeling results show that the two (2) existing 8.1 MGD treatment trains must be downgraded with a maximum capacity of 6.0 MGD for all retrofit alternatives intended to remove nutrients biologically.As a result, the second option is considered impractical as it would involve the complete demolition of the existing treatment trains and the construction of three (3) new trains. Not only would this alternative be more costly, the plant property does not have the necessary open space for such improvements. The modeling indicates that the two existing trains can be cost effectively converted to two (2) 6.0 MGD trains. To maximize the City's current investment at the plant, to provide excess capacity for possible future inter -basin transfers and /or expansion of the service area boundary, it is recommended that the two (2) existing trains bemodified to two (2) 6.0 MGD trains along with the construction of two (2) new treatment trains also rated at 6.0 MGD each. The required improvements associated with this are described in greater detail in later sections. 2.2 EXISTING FACILITIES DESCRIPTION A very simple schematic of the existing treatment process is shown below and a more detailed process flow schematic is shown on Exhibit C in the Appendix. Figure 2 -20so WRP Process Schematic From Collection System To outfall Preliminary Secondary Disinfection Treatment 01 Treatment �4 Additional details describing each processand the recommended improvements are provided in subsequent sections. 2.3 FLOW AND LOADINGS The projected flows and loads determine a plant's design capacity requirements. For the purposes of this report and as required by TCEQ, the design flows and loads to the Oso WRP are based on historical data. TCEQ design criteria for wastewater treatment require that design average and peak flows be derived from the most recent5 yearsof data when an existing facility is re- rated, expanded, or materially altered. BOD5, TSS and ammonia nitrogen design loadings must be based on the most recent 1 year of data. ( §217.34) Design loads are calculated as the sum of the historical average loading plus 1 standard deviation. A summary of the design flows and loads derived from plant data and modeling are shown in the following table: Table 2- 3Desian Flows and Loads Average Daily Flow (MGD) 16.2 18 24 Influent BOD (mg /L) 280 280 280 Influent Ammonia (mg /L) 30 30 30 The existing facilities have been designed to treat 16.2 MGD average daily flow, but hydraulically accommodate 98 MGD for peak hour flows. Peak hour flows will remain at 98 \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 7 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN MGDfor Phase 2A and 2B improvements. Many process units are designed based on peak hour flows and although some units may require improvements due to age and /or compatibility with other processes, their design capacity will not need to be increased to achieve the objectives of this report. These treatment units include: • Influent pumping • Influent screens • Influent grit removal • In -plant piping and hydraulic structures • Secondary clarifiers • Disinfection systems and chlorine contact basins Other systems are sized based onBOD, TSS, and ammonia loading, and must be expanded to accommodate future increased loadings. These systems include: • Process aeration system (blowers, piping & diffusers) • Aeration basins • Biosolids Stabilization • Solids dewatering(Not included in this study) The existing biosolids stabilization is adequate for producing biosolids suitable for disposal to landfill, even with increased biosolids loadings from increasing plant influent flows up to 24 MGD. The biosolids stabilization alternatives presented in this Technical Memorandum are intended to provide a path forward in the event that the City is no longer able to dispose of the biolids via landfill or has the need to produce Class B sludge. Anew solids dewatering facility is currently under constructionand has been designed to meet the projected increase in solids production for flows up to 24 MGD. 2.4 CURRENT PERMIT AND CONDITIONS The Oso WRP is authorized by TCEQ to treat domestic wastewater and discharge treated effluent under authority of TPDES Permit No. WQ0010401004. The current TPDES permit for Oso WRP was issued on April 29, 2011 and expires on June 1, 2014. In accordance with the TPDES permit, the treated effluent may be discharged to surface waters via a single outfall (001). The discharge outfall is described in the permit as via a 72 -inch pipe to a 40 -foot wide tidal channel; thence to Oso Bay in Segment No. 2485 of the Bays and Estuaries of the State of Texas. Because the discharge is to a relatively shallow area of Oso Bay with minimal dilution, the critical dilution for this discharge is 90 %, according to the TPDES permit; meaning there is a high percentage of effluent in the mixing zone. The TPDES permit includes an Interim Phase and a Final Phase for allowable discharges. The Interim Phase is effective for 30- months from the date of issuance and is the current phase of operation at the plant (ends on October 29, 2013). The Final Phase is effective after 30- months through the expiration date. Within each phase, the flow and quality limitations for the discharge are defined. The Final Phase limits are summarized in the table below. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 8 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Table 2- 4TPDES Permit Limits (Final Phase The Interim Phase differs from the Final Phase in only two respects. The Interim Phase contains a report -only requirement for ammonia - nitrogen rather than a numeric ammonia - nitrogen limit and a Five -Day Biochemical Oxygen Demand (BOD5) limitation rather than a Five - Day Carbonaceous Biochemical Oxygen Demand (CBOD5) limitation.' The phasing provides an interim -phase 30 -month compliance period for the City to achieve the final -phase ammonia - nitrogen limit of 4 mg /L. 2.5 POTENTIAL FUTURE PERMIT LIMITATIONS The addition of the ammonia - nitrogen limit in the current TPDES permit is significant in terms of the changes in the level of treatment required by the Oso WRP to meet the new limit. The next few years may see the inclusion of other new or increased water - quality limitations that have the potential of driving additional changes in treatment. Changes may be imposed by TCEQ based on updated surface water quality standards for Oso Bay, changes in dissolved oxygen modeling protocols for Oso Bay, or changes in the status of Oso Bay with respect to water quality impairments. The Oso WRP discharge to Oso Bay could also eventually be shown to be impacting sea grass beds, which could drive changes to the water quality limits in the permit. Following is a summary of potential new effluent limits or potential increases in existing effluent limits that could affect treatment requirements for the Oso WRP within the next one to two permit cycles. 2.5.1 Potential for Reduced Ammonia - Nitrogen and /or Carbonaceous Biochemical Oxygen Demand Limits Permit limits for BOD5 or for CBOD5 and ammonia - nitrogen are, in part, driven by the expected impact of the effluent on dissolved oxygen levels in the receiving water body. The impact is determined by modeling of the receiving water body. For the OWRP, the TCEQ has used a dissolved oxygen (DO) model for Oso Bay that is several years old. The TCEQ has indicated that it plans to revise the DO model for the bay prior to the next permit cycle in 2014. If so, this is likely to affect the effluent limits in the next permit for CBOD5 or ammonia - nitrogen, or both. Limits in the next permit cannot easily be predicted without knowing how the DO model will be revised. However, 30 TAC §309.4 regulations contain the following potential effluent sets (30- day average values) for wastewater plants that provide secondary treatment with nitrification: CBOD5: 10 mg /L Ammonia - Nitrogen: 2 mg /L or 3 mg /L ' For permits without an ammonia - nitrogen limit, the total oxygen demand is addressed by BOD5, which includes both carbonaceous and nitrogenous oxygen demand. When the discharge contains an ammonia - nitrogen limit, the nitrogenous oxygen demand is addressed by the ammonia - nitrogen limit. The BOD5 limit is then typically converted to a CBOD5 limitation. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 9 of 32 Average annual flow (mgd) 16.2 N/A N/A Peak two -hour flow (gpm) N/A N/A 68,000 (98 MGD) CBOD (mg/L 20 30 45 TSS (mg /L) 20 30 45 Ammonia - Nitrogen (mg /L) 4.0 6 10 Chlorine Residual (mg /L) N/A N/A 0.1 Minimum DO (mg/L 5.0 H standard units 6.0 to 9.0 Enterococci (cfu or mpn /100 mL) 1 35 N/A 89 The Interim Phase differs from the Final Phase in only two respects. The Interim Phase contains a report -only requirement for ammonia - nitrogen rather than a numeric ammonia - nitrogen limit and a Five -Day Biochemical Oxygen Demand (BOD5) limitation rather than a Five - Day Carbonaceous Biochemical Oxygen Demand (CBOD5) limitation.' The phasing provides an interim -phase 30 -month compliance period for the City to achieve the final -phase ammonia - nitrogen limit of 4 mg /L. 2.5 POTENTIAL FUTURE PERMIT LIMITATIONS The addition of the ammonia - nitrogen limit in the current TPDES permit is significant in terms of the changes in the level of treatment required by the Oso WRP to meet the new limit. The next few years may see the inclusion of other new or increased water - quality limitations that have the potential of driving additional changes in treatment. Changes may be imposed by TCEQ based on updated surface water quality standards for Oso Bay, changes in dissolved oxygen modeling protocols for Oso Bay, or changes in the status of Oso Bay with respect to water quality impairments. The Oso WRP discharge to Oso Bay could also eventually be shown to be impacting sea grass beds, which could drive changes to the water quality limits in the permit. Following is a summary of potential new effluent limits or potential increases in existing effluent limits that could affect treatment requirements for the Oso WRP within the next one to two permit cycles. 2.5.1 Potential for Reduced Ammonia - Nitrogen and /or Carbonaceous Biochemical Oxygen Demand Limits Permit limits for BOD5 or for CBOD5 and ammonia - nitrogen are, in part, driven by the expected impact of the effluent on dissolved oxygen levels in the receiving water body. The impact is determined by modeling of the receiving water body. For the OWRP, the TCEQ has used a dissolved oxygen (DO) model for Oso Bay that is several years old. The TCEQ has indicated that it plans to revise the DO model for the bay prior to the next permit cycle in 2014. If so, this is likely to affect the effluent limits in the next permit for CBOD5 or ammonia - nitrogen, or both. Limits in the next permit cannot easily be predicted without knowing how the DO model will be revised. However, 30 TAC §309.4 regulations contain the following potential effluent sets (30- day average values) for wastewater plants that provide secondary treatment with nitrification: CBOD5: 10 mg /L Ammonia - Nitrogen: 2 mg /L or 3 mg /L ' For permits without an ammonia - nitrogen limit, the total oxygen demand is addressed by BOD5, which includes both carbonaceous and nitrogenous oxygen demand. When the discharge contains an ammonia - nitrogen limit, the nitrogenous oxygen demand is addressed by the ammonia - nitrogen limit. The BOD5 limit is then typically converted to a CBOD5 limitation. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 9 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN The CBOD5 and ammonia - nitrogen limits in the next Oso WRP permit will not be known until the model is revised, but could easily be driven to one of the above regulatory effluent sets. The outcome of the DO model revisions could drive one or both of these parameters to lower levels, as necessary to ensure that DO standards in Oso Bay are maintained. 2.5.2 Potential for Total Nitrogen Limits Seagrass, an important ecological component of some bays and estuaries, is sensitive to an over - abundance of algae that can cause eutrophication of the water body and prevent sunlight from reaching seagrass beds. In tidal environments, algae growth is generally a function of the amount of nitrogen in the water body. If nitrogen concentrations are controlled, algae may be contained at levels that are not detrimental to seagrass propagation. In the next permitting cycle, it is likely that the TCEQ will perform nutrient screening for the Oso WRP discharge to Oso Bay in order to determine whether a limit for total nitrogen (TN) is needed for the effluent. If it is determined that a TN limit is needed, the allowable concentration is likely to be 6 to 8 mg /L. Depending on the sensitivity of seagrass beds (i.e., the nearness of the beds to the discharge, etc.), a lower TN limit could be required. 2.5.3 Potential for Total Phosphorus Limits The TCEQ's Procedures to Implement the Texas Surface Water Quality Standards (RG -194; June 2010) (1 Ps), state that nutrient impacts in tidal or salt -water environments are primarily due to nitrogen inputs rather than phosphorus inputs. As such, screening for phosphorus impacts in tidal waters is rarely performed. It is not expected that the TCEQ will screen for phosphorus impacts by Oso WRP in the next permit cycle; and, therefore, a total phosphorus (TP) limit is not likely to be included in the next permit. However, it is possible that TCEQ will include a TP limit in future permits beyond the next couple of cycles and as a result, the Phase 2 improvements will consider accommodations in the design for ease of implementing TP removal at some point in the future. 2.6 EVALUATION OF OUTFALL RELOCATION The potential permit limits addressed above are based on the continuation of the use of the outfall to Oso Bay. The City requested a preliminary evaluation of moving the outfall to Corpus Christi Bay, as a potential means of reducing impacts of new water quality standards or regulations on effluent limits. Moving the outfall would require construction of a pipeline from the plant, across Oso Bay, and extending approximately' /4 mile into Corpus Christi Bay. The effluent discharge could be distributed via a diffuser at the end of the pipeline, significantly reducing the critical dilution for the effluent. This could enable the City to effectively treat wastewater to meet water quality standards without having to increase treatment levels as much as with the current discharge. The preliminary evaluation determined the following: • Prohibitive Cost (Estimated Construction Cost of $6,500,000) • An ammonia - nitrogen limit would still be required, although it might be somewhat less stringent given the increased dilution in a Corpus Christi Bay outfall. Ultimately, an outfall relocation is not a stand -alone improvement. • The impact due to seagrass could be avoided because the outfall would be deeper than seagrass beds could exist; however, this would not necessarily prevent the TCEQ from screening for nitrogen impacts. • An amendment of the TPDES permit will be required in order to develop an outfall to Corpus Christi Bay. A permit amendment will require public notice of the proposed \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 10 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN action and undoubtedly result in a significant response from the public. A minimum of two to three years to complete permitting should be expected. As a result of these findings, the alternative to create a new outfall to Corpus Christi Bay was eliminated from further consideration. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 11 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.0 TREATMENT FACILITIES EVALUATION 3.1 INFLUENT PUMPING Influent is delivered to the Oso WRP by two (2) in -plant lift stations (LS1 and LS2) and a remote lift station, LS3, all of which outfall at the plant's headworks facility. The existing in -plant lift stations were recently rehabilitated to help restore the majority of theiroriginal design capacities. The capacities shown in the following table are based on calculated system curves and manufacturer provided pump curves. Currently, there are no flow meters on these force mains to confirm actual flow rates. Table 3 -1 Existing Influent Pump Capacity NOTE 1 —When calculating firm capacity, LS1 and LS2 were considered a single LS due to the inter- connectin 3.1.1 Proposed Improvements I EQ line. Although recent work was performed (rotating assembly replacements) on the six (6) existing pumps at Lift Stations 1 & 2 to help restore pumping capacity, the infrastructure associated with Lift Station 1 is a maintenance concern and is approaching its useful service life. In addition, the City currently has four (4) temporary Godwin pumps located at the plant for emergency high - flow scenarios and has a need to upgrade the pumping capacity at the plant site. The proposed influent lift station will ultimately replace Lift Station 1 and 2, willbe located at the north end of the plant adjacent to the new headworks facility and will provide up to 80 -90 MGD capacity. The new lift station will also be designed with an inlet valve so that it can be easily isolated from the other lift stations for maintenance purposes. Refer to Exhibit E in the Appendix for the proposed location of the new lift station. i ar)ie- crrvpvsea girt atanvn uesiyri L.ntena Number of pumps 8 Type of pumps Submersible d 215± Design flow (MGD) ±15 MGD /each Design head (ft) 30'± Lift Station 1�'� 22.9 30.3 @ 28' 30.3 @ 28' Lift Station 2�'� 39.4 39.6 @ 38' 30.3 @ 33' Williams (Lift Station 3) 54.6 44.7 @ 122' 41.8 @ 110' Total 1 116.9 114.6± 102.4± NOTE 1 —When calculating firm capacity, LS1 and LS2 were considered a single LS due to the inter- connectin 3.1.1 Proposed Improvements I EQ line. Although recent work was performed (rotating assembly replacements) on the six (6) existing pumps at Lift Stations 1 & 2 to help restore pumping capacity, the infrastructure associated with Lift Station 1 is a maintenance concern and is approaching its useful service life. In addition, the City currently has four (4) temporary Godwin pumps located at the plant for emergency high - flow scenarios and has a need to upgrade the pumping capacity at the plant site. The proposed influent lift station will ultimately replace Lift Station 1 and 2, willbe located at the north end of the plant adjacent to the new headworks facility and will provide up to 80 -90 MGD capacity. The new lift station will also be designed with an inlet valve so that it can be easily isolated from the other lift stations for maintenance purposes. Refer to Exhibit E in the Appendix for the proposed location of the new lift station. i ar)ie- crrvpvsea girt atanvn uesiyri L.ntena Number of pumps 8 Type of pumps Submersible HP 215± Design flow (MGD) ±15 MGD /each Design head (ft) 30'± 3.2 HEADWORKS The existing headworks was constructed in the early 1980s and includes two large bar screens, and an aerated grit basin which has been out of service for many years. Effective preliminary treatment at the headworks significantly reduces maintenance of downstream equipmentand reduces labor costs associated with unclogging pumps or removing trash and grit from the basins. In addition, investment in preliminary treatment increases the life of downstream equipment. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 12 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.2.1 Screenings Rags, floatables and other large debris are removed from the wastewater by the bar screens. The existing 1 -in screens were designed for automatic raking but one rake has been continuously out of service and must be cleaned manually. The screenings drop to a conveyor where they discharge into a screenings box for disposal. The plant estimates screenings production at approximately 100 Ibs /day. 3.2.2 Grit Removal The existing aerated grit basin has been out of service for many years, due in part to continual clogging of the grit air -lift pumps. Without grit removal, the grit entering the plant accumulates in the aeration basins and clarifiers. Although difficult to accurately estimate, previous work requiring basin shut downs indicate that grit accumulation may account for up to 25% of the aeration basin volume and approximate 10% of clarifier volume. A reliable grit system must be in place for the plant to upgrade to fine bubble aeration (discussed in other sections). Fine bubble membranes cover a large portion of aeration basin floor and are much less efficient whensubmerged by grit. In addition, fine bubble aeration agitates the water much less than coarse bubble aeration which will result in a greater amount of grit will accumulation. 3.2.3 Proposed Improvements A new headworks facility is necessary for Phase 2 improvements. The existing headworks is aging, the mechanical equipment is approaching the end of its useful life and the existing structure is not sufficient to accommodate a new grit removal system. It is recommended that the new headworks facility consist of four (4) bar screens, with associated washers and compactors, and be designed to provide peak hour capacity with one screen out of service. The new screens should have smaller openings (approximately' /4 -in bar spacing) to reduce the amount of rags and debris that reach the plant basins and equipment. A new grit facility will also be required to improve grit removal, which is necessary to accommodate fine bubble aeration. Many alternatives are available for grit removal, including the aerated grit basin currently used, a detritor tank, or a vortex separator. To be effective, both the aerated grit basin and detritor tanks require submerged mechanical sludge collection equipment, which is vulnerable to corrosion and break downs. The Vortex grit basin is circular, and the grit is directed to a single point without sludge rakes. The vortex action also efficiently removes grit at a wide range of influent flows. For these reasons, four(4) vortex grit basins are recommended as a part of the new headworks. A sketch of the proposed headworksfaciIity is shown below. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 13 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Figure 3 -1 Proposed Headworks Facility a -- From Screen 2 ,,. F1 Sacen P', A Grit Ifs r rI# Pumps Enclosing the bar screens within a building is not recommended, as the ventilation requirements for the building will be very high, and corrosive gasses and odors will accumulate in spite of the ventilation. It is recommended that the bar screens and grit basins have odor covers as specified by the manufacturer. Table 3 -313ar Screen Desian Criteria Quantity 4 Width (ft) 8± Bar Spacing (in) 1/4 Rake Type Catenary/Mutt -Rake Table 34Grit Basin Desian Criteria Number 4 PeakCa acit MGD) 98 Low flow (MGD) 3 Type Vortex Grit Pumping Flooded suction centripetal Grit Dewaterina Caoacitv (cf /hr) 5 3.3 ODOR CONTROL Odor control is currently implemented at the headworks, influent lift stations and the proposedbelt press facility currently under construction. The headworks and lift stations have modular biofilter systems installed in the past 5 years. Foul air is collected from the influent pump station wet wells, screened channels, and the covered aerated grit basin. The 112S concentration levels have exceeded the design criteria for the biofilter odor control system at Lift Station 2 and as a result, the system is currently undergoing upgrades as a part of the belt press project. The proposed belt press facility has a bond odor control device where foul air is \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 14 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN collected from each belt press.lf the existing biofilter system at the existing headworks /LS1 is unable to be modified to accommodate the proposed headworks and Lift Station 4 facilities, a new bio- filter system will be recommended. Further investigation will be completed during the preliminary design phase to determine whether it will be necessary. The City has been satisfied with previous bio- filter systems and they have performed well in all cases where they have been properly sized. Table 3 -50dor Control Design Criteria Capacity (scfm) 2500± Inlet duct size in 16 Type Bio- filter 3.4 SECONDARY TREATMENT The Oso WRP uses the contact stabilization activated sludge process which involves a large inventory of microbes for absorbing and aerobically metabolizing BOD. The contact stabilization process is schematically illustrated below. Figure 3- 2Existing Oso WRP Secondary Treatment Schematic Screened Influent lent Screened influent is introduced into the contact basins where it is "contacted" with a high concentration of activated sludge (microorganisms). The microorganisms rapidly absorb the BOD (biodegradable carbonaceous organic contaminants), as they have been without an external source of food while passing through the re- aeration basins. As the influent and activated sludge progresses though the contact basins, nearly all availableBOD is consumed, leaving a mixture of effluent and microorganisms. This mixed liquor is directed to the secondary clarifier, where the activated sludge settles, separating it from the effluent. Activated sludge is then returned to the re- aeration basins, and the effluent proceeds to the disinfection process. Return activated sludge (RAS) is delivered to the re- aeration basins where plentiful oxygen from aeration promotes metabolism of absorbed BOD. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 15 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN A disadvantage of contact stabilization is the short contact time between the RAS and influent, which reduces the extent of nitrification. Nitrifying bacteria do exist, but most nitrification occurs in the re- aeration basins, where the microorganisms spend the most time. 3.4.1 Aeration Basins As shown in the figure above, the aeration basins are rectangular concrete structures divided into 5 passes. Three passes are re- aeration basins, which receive RAS flow only. RAS and influent combine at the head of the first contact basin, flow through the two contact basin passes, and on to the clarifier inlet channel. Individual aeration basin passes cannot be taken out of service unless the entire train is shut down. However, a train cannot currently be taken out of service because the total plant flow is beyond the capacity of a single process train. This represents a significant challengein performing maintenance work on the aeration basins and associated equipment. The existing aeration basin parametersare summarized in the table below Table 3- 6Existing Aeration BasinParameters 3.4.2 Retrofit Existing Aeration Basins Many alternatives that would allow the existing aeration basins to remove ammonia were discussed and evaluated in TM -03. Conventional biological ammonia removal is the most common process and is the recommended process for the Oso WRP for the following reasons: • Does not require proprietary media or equipment • Can be modified to remove phosphorus or additional total nitrogen in the future as needed • Does not require tertiary process vessels and associated in -plant pumping It is recommended that the process be configured to the "Modified LudzakEttinger' or MLE process. This configuration provides ammonia removal and total nitrogen removal. The denitrification, that results in total nitrogen removal, also helps restore alkalinity to the effluent, and reduces process air demand. Since the MLE process requires more aeration basin volume than the contact stabilization process, the existing aeration basins capacity will be reduced to 6 MGD per process train. This capacity is based on winter water temperatures and conservative design parameters. This will provide the City with flexibility to improve total nitrogen removal and provide phosphorus removal in the future. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 16 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN The MLE process is shown in the following figure that depicts the aeration basin modifications: Figure 3- 3Existing Aeration Basin Retrofit RAS from Clarifiers Influent and RAS is combined at the head of the aeration basin in a well- mixed, un- aerated zone called the anoxic zone. Mixed liquor is also pumped here at double or triple the raw influent flow rate, providing nitrate. Facultative bacteria use the nitrate as they metabolize BOD in the absence of oxygen. The anoxic zone is sized to ensure that the nitrate is consumed before the flow reaches the aerated zones within the basin. In the aerobic zone, oxygen is present, and the facultative bacteria consume BOD aerobically. The oxygen allows nitrifying bacteria to convert ammonia to nitrate. By the end of the aerated zones, most of the ammonia has been converted to nitrate. Much of this nitrate is recycled to the anoxic zone through the MLR pump. The mixed liquor that escapes the MLR pump will flow to the clarifiers. To convert the existing basins to the MLE process, we recommend that the first two re- aeration basins be combined into a single basin divided by baffle walls. The influent must be re- directed to this new basin, and the RAS channel extended to reach the influent end of the basin as shown in the figure. A mixed liquor pump delivers mixed liquor to the anoxic zone through a pipe that runs through the aerated zones. Fine bubble aeration grids will be installed to replace the coarse bubble aeration. Fine bubble aeration greatly improves the oxygen transfer efficiency, which results in much less air required to supply the necessary oxygen to the process. Converting to fine bubble aeration may reduce air requirements by up to 50 percent, resulting in significant energy savings. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 17 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.4.3 Proposed Aeration Basins Retrofit of the existing aeration basins will require that each basin be taking completely out of service while the existing aeration systems are removed and replaced with fine bubble aeration. Since a single existing train is not capable of accommodating existing flows and loads, a third process train at minimum will need to be constructed and placed in service prior to retrofit of the existing aeration basins.Addition of the third train and retrofit of the existing aeration basins will increase treatment capacity to 18 MGD.Addition of the fourth train will increase the plant's capacity to 24 MGD. Influen raPjL:-K%nMid c• J rG[ aCU Lei 1N_2%b7110■1z71PI1 MOM ntan Volume (MG) 3 Design Flow (MGD) 6 Side water depth (ft) 15.4 Aerator type Fine Bubble Design DO (mg /L) 2 Design MLSS (mg /L) 2,500 to 3,500 Design SRT (day) 6 -8 Design max loading (ppd BOD /1000cf aerated volume) 40 Side water depth (ft) 15.4 Anoxic volume (% of total) 15 Passes Width x Length (SF) 30,000 Figure 3- 413roposed Aeration Basin Schematic from Clarifiers RAS \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 18 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Theproposed aeration basins will be configured similar to the existing retrofitted basins. Refer to Exhibit E in the Appendix for the proposed layout of the proposed and retrofitted aeration basins. 3.4.4 Future Phosphorus Removal Based upon the regulatory focus to reduce nutrient discharges from treatment facilities by both the Environmental Protection Agency on a national level and TCEQ on a state level, it is likely that phosphorus limitations will be implemented in future TPDES permit renewals. Phosphorus is biologically removed by encouraging the growth of phosphate accumulating organisms, or PAOs in the mixed liquor. The phosphate that PAOs store allows them to thrive in anaerobic conditions where neither dissolved oxygen or nitrate (which contains molecular oxygen) is available. In anaerobic conditions, the organism releases phosphate (which also contains molecular oxygen)which provides the PAO with energy to grow. It then flows into the anoxic zone of the MLE process where nitrified MLR is introduced. The PAOs then intake more phosphate than was released in the anaerobic condition, which reduces the phosphate levels in the aeration basin effluent. The MLE process can easily be modified to include an anaerobic zone to select for PAOs. The following figure shows how this is done Influ( Figure 3- 5Existing Aeration Basin — Altered for P Removal FYfnnrl PAR rhnnnal Demo baffle Wall Om Clarifiers To create an anaerobic zone, the MLR pump discharge will be relocated. The following figure shows the relocated MLR piping on the new aeration basins. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 19 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Influel Figure 3 -6New Aeration Basin — Altered for P Removal 3.4.5 Process Air Blowers RAS from Clarifiers RAS Aeration blowers supply oxygen required for aerobic biological treatment both in the aeration basins and the aerobic digesters. The Oso WRP has three operational blower houses each equipped with blowers. Blower House 2 (BH2), BH3 and BH4 supply air to the secondary treatment facilitiesand to the aerobic digesters. The following table details the existing blowers. All blowers at the plant are operated continuously due to a lack of redundant blowers. The proposed conversion to fine bubble aeration will reduce the plant's air demand as tabulated below. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 20 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Table 3- 913rocess Air Demands Upgrading to fine bubble aeration will significantly reduce process air demands. However, with four process trains, additional blower capacity will be needed to provide redundant and /or firmblower capacity. To achieve this, it is recommended that the three (3) 125 HP blowers be replaced withthree (3) 250 HP blowers. To avoid future maintenance concerns, it is also recommended that the three (3) vintage 300 HP blowers be replaced with blowers of identical size. This will increase the capacity by approximately 6,000 scfm for a total capacity of approximately 56,000 scfm and a total firm capacity of 50,000 scfm. 3.4.6 Secondary Clarifiers The Oso WRP has rectangular secondary sedimentation basins designed for peak influent flow of 98 MGD. The basins are integral to the biological process and their performance has a direct and significant impact on effluent quality. Each existing process train has four (4) equivalent rectangular clarifiers that operate in parallel. Mixed liquor from the clarifier influent channel flows into the clarifiers though square openings at the water surface level. Activated sludge settles to the bottom of the basins and traveling bridge sludge scrapers remove the sludge from the clarifiers. The bridges are equipped with pumps that draw the sludge from the front of the scrapers and discharge to RAS channels that run the length of the clarifier, and flow into the common RAS channel. Effluent flows over weirs that are also located along the clarifier's length and into channels that feed the common effluent channel. The bridges were recently upgraded and further upgrades are not recommended at this time. The following table provides pertinent clarifier details. Table 3- 10Secondary Sedimentation Basin Equipment The secondary clarifiers are in good condition at this time. Normal maintenance and replacement of mechanical equipment such as scum removal, RAS pumps, and traveling bridges will be required. Such work is not detailed in this report because the work does not impact the plant's footprint or require additional tankage. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 21 of 32 Number of clarifiers 8 - Side water depth (ft) 15.0 >10 Width (ft) 56 - Length (ft) 195 - Effluent weir peak loading (gpd /ft) 15,000 <30,000 Freeboard (in) 19 >18 Peak overflow rate (gpd /sf) 1,120 <1,200 98 MGD all basins in service Detention time at 98 MGD (hours) 2.4 >1.8 The secondary clarifiers are in good condition at this time. Normal maintenance and replacement of mechanical equipment such as scum removal, RAS pumps, and traveling bridges will be required. Such work is not detailed in this report because the work does not impact the plant's footprint or require additional tankage. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 21 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Constructing the proposedprocess trains requires that the clarifiers be dedicated to a particular aeration basin. This will be accomplished by installing an isolation structure (divider wall) in the clarifier inlet channel and the RAS channelin the middle of the four clarifiers at each existing train. The isolation structure in the clarifier inlet channel will assign two existing clarifiers per proposed train and ultimately preserve the flow split achieved upstream. The RAS channel isolation structurewill keep the solids from each train separate and avoids the need to control the RAS flow split to each aeration basin. A RAS flow imbalance would upset plant performance and prevent efficient control. 3.5 BIOSOLIDS STABILIZATION Solids wasted from the secondary treatment process are stabilized by aerobic digestion. Only minimal stabilization is required, as the City currently disposes of the solids to a landfill. The existing biosolids stabilization process has adequate capacity to accommodate future increased biosolids loadings assuming that the City continues to dispose of the biosolids to landfill. 3.5.1 Federal Regulations Federal regulations regarding biosolids are presented in the Code of Federal Regulations, Volume 40 Part 503. One disposal option for the waste sludge is to haul it offsite for disposal in a permitted landfill. For disposal in a permitted landfill, the sludge must not contain any free liquid as defined by Method 9095 — Paint Filter Liquids Test. The test is described in Test Methods for Evaluating Solid Wastes, Physical /Chemical Methods (EPA publication No. SW- 846). In order to pass the Paint Filter Liquids Test, the sludge must have a minimum dry solids content of approximately 16 %. If the biosolids are to be land applied, Subpart B for Part 503 defines such a practice and delineates the characteristics that they must comply with. The reasoning of the regulations is that the sludge will be applied on land at a rate equal to or smaller than the agronomic rate, defined by the nitrogen requirements of the crop to be planted on the land. In addition to metal concentrations presented in Table 3 -11, the sludge needs to satisfy the vector attraction requirements and a specific pathogen concentration that will define it as either Class A or B. Biosolids with low metal concentrations are considered to be Exceptional Quality (EQ). Table 3 -11 Allowable Land Application Pollutant Limits Pollutant Ceiling Concentration (mg /Kg)* Cumulative Pollutant Loading Rate (Kg /ha) Monthly Average Concentration (mg /Kg)* Annual Pollutant Loading Rate (Kg /ha/365 days) Arsenic 75 41 41 2.0 Cadmium 85 39 39 1.9 Copper 4300 1500 1500 75 Lead 840 300 300 15 Mercury 57 17 17 0.85 Molybdenum 75 - - - Nickel 420 420 420 21 Selenium 100 100 100 5.0 Zinc 7500 2800 2800 140 *Dry weight basis \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 22 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN The main purpose of the vector attraction requirements is to reduce the amount of putrescible organic matter that will draw rodents and insects that will then interact with humans. Vector attraction is satisfied by reducing the incoming organic matter (in the form of volatile solids) to the stabilization process by a minimum of 38% 3.5.1.1 Class B Biosolids Class B biosolids are those that have a Fecal Coliform or Enteric Virus concentration lower than 2,000,000 Most Probable Number (MPN) /g TS or Colony Forming Units (CFU) /g TS. Treatment technologies recognized as Process to Significantly Reduce Pathogens (PSRP's) are certified to achieve Class B pathogen concentrations. They are: • Aerobic digestion where the biosolids are mixed with air or oxygen to maintain aerobic conditions for a mean cell residence time and temperature between 40 days at 20 °C and 60 days at 15 °C. • Air drying for a minimum of three months (two of them at a mean temperature above freezing). • Anaerobic digestion with a mean cell residence time and temperature between 15 days at 35 to 55 °C and 60 days at 20 °C. • Composting using within - vessel, static aerated pile, or windrow composting methods. The temperature should increase to at least 40 °C and remain at 40 °C or higher for five days. For four hours during the five days, the temperature in the pile must exceed 55 °C. • Alkaline stabilization, with a lime dose high enough to raise the pH of the sludge to 12 and maintain it at that temperature for two hours of contact. In order to satisfy Vector Attraction requirements, lime should have a pH greater than 11.55 for 22 hours or more. Biosolids that satisfy Class B requirements are subject to the following site restrictions: • Food crops that touch the sludge /soil mixture and are completely above ground cannot be harvested for 14 months after the sludge is applied. • Food crops that are below ground cannot be harvested for 20 months after the sludge is applied and left on the soil surface for 4 months before incorporating into the soil matrix. If the sludge is left on the soil surface for a period shorter than 4 months before it is incorporated, subterranean food crops cannot be harvested for 38 months. • Feed and fiber crops cannot be harvested for 30 days after the sludge is applied. • Animals cannot be allowed to graze for 30 days after the sludge application. • Turf cannot be harvested and public access to land has to be denied for a year if the potential for human exposure will be high. • Public access to land will be restricted for 30 days after application if the potential for human exposure is low. 3.5.1.2 Class ABiosolids Class A biosolids do not have the site restrictions that Class B has, and that is mainly due to its strict pathogen allowances of a Fecal Coliform concentration less than 1,000 MPN /g TS or a Salmonella concentration less than 3 MPN /4g TS, in addition to six alternatives: • Satisfy a residence time - temperature combination, as a function of solids concentration. • Raise the pH of the sludge above 12 for 72 hours, and maintain a temperature of 52 °C for 12 or more of those hours. After the 72 hour period, the sludge shall be air dried to a solids concentration greater than 50 %. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 23 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN • Process must reduce the concentration of enteric viruses in the sludge to less than 1 Plaque Forming Unit (PFU) /4g TS, in addition to reducing the concentration of viable helminth ova to less than 1 viable egg /4g TS. • Measure the concentrations of enteric viruses and helminth ova and satisfy the requirements stated previously ( <1 PFU /4g TS and <1 viable ova /4g TS) at the time the biosolids are disposed or being prepared for use or disposal. • Use a technology identified as a Process to Further Reduce Pathogens (PFRP). • Use a technology accepted by the EPA to be equivalent to a PFRP. Just as in the case of PSRP's for Class B, PFRP's assure Class A biosolids. These technologies are: • Composting within - vessel or static aerated pile, where the temperature is maintained at 55° C or higher for three days. For windrow, the temperature shall be 55 °C or greater for 15 days or longer. • Heat drying of the sludge to a moisture content of 10% or lower using a temperature of 80 °C or greater. • Heat treatment, by raising the temperature of the sludge to 180 °C or higher for at least 30 minutes. • Thermophilic aerobic digestion using a mean cell residence time of 10 days at 55 to 60 °C. • R ray irradiation at 1.0 megarad at room temperature (approximately 20 0C). • y ray irradiation from 60Co or 137Cs at room temperature. • Pasteurization, by exposing the sludge to 70 °C or higher for at least 30 minutes. 3.5.2 State of Texas Regulations The State of Texas has been delegated by the EPA to regulate biosolids and has its own regulations regarding biosolids, which are part of the Texas Administrative Code, Title 30, Part 1, Chapter 312, Subchapter A. Although the Texas regulations are structured differently than the federal regulations, the technical requirements for Class A and Class B sludge are the same. 3.5.3 Class B BiosolidsOptions Land application is another alternative disposal option, which is currently not practiced for two reasons. First, suitable sites for land application are much farther than the landfill, which results in prohibitively high transportation costs. Second, land applied sludge must meet at lease the Class B requirements as defined in the EPA's Part 503 Biosolids regulations as described above. To comply with Class B requirements, the City would have to provide an aerobic digester solids resident time (SRT) of 40 days at 20 °C and 60 days at 15 °C. If there is not recycle or decanting within the digesters, the SRT and they hydraulic retention time (HRT) are equal Currently, the 2.7 million gallon aerated digester capacity provides an SRT of approximately 10 days at a solids concentration 0.5 %, which does not comply with the Class B requirements. To produce a Class B biosolids for land application, a SRT of 40 days for the existing plant could be obtained by increasing the solids concentration in the aerobic digesters to 2.1% through either decanting the supernatant in the digesters or the addition of a mechanical thickening process. In order to land apply the biosolids at the future flow of 24 MGD, an additional 1.8 million gallons of digester capacity and mechanical thickening are needed to increase the solids concentration to 3.5% and obtain a SRT of 40 days at 20 °C. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 24 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN Anaerobic digestion is generally the preferred form of stabilizing the residual solids in plants with average flows above 5 to 10 MGD. The process involves a numerous different bacterial populations that utilize enzymatic and biochemical processes to reduce the incoming volatile solids concentration by conversion into biomass and metabolic byproducts. The complexity of anaerobic digestion comes from process sensitivity and the interactions of components that make up the complete system. As with any other biological reaction, temperature will affect the rate in which reactions are carried out. Hydrolysis, organic acid formation, and methane formation will both be dependent on temperature, and can be affected by fluctuations in it. Therefore, it is necessary to design a system with close temperature tolerances that is efficiently mixed. Most anaerobic digestion processes are designed to operate in the mesophilic temperature (35 0C), but some operate in the thermophilic temperature range (55 0C). While selection of the operating temperature is important, maintaining a stable operating temperature in the digester is more important. Temperature fluctuations greater than 1 °C /day can result in process failure due to the sensitivity of methane formers. This requirement may limit feed rates and schedules, unless preheating or heat exchangers are used. For the Oso WRP design flow of 24 MGD, four 85 -ft diameter anaerobic digesters with a side water depth of 25 -ft and a building containing the boilers and recirculation pumps is required. In addition, the efficient operation of anaerobic digestion requires the addition of primary clarification to the liquid stream process train; otherwise the anaerobic is difficult to operation and maintain process stability, effectively rendering the process unfeasible. To treat the peak flow of 98 MGD, four 130 -ft diameter primary clarifiers and a primary sludge pump station are required. As the Oso WRP does not current have primary clarification and is very constrained, anaerobic digestion does not appear to be feasible. 3.5.4 Class A Biosolids Options To produce Class A biosolids, the treatment process must meet the time and temperature requirements described in 3.5.1.2. For the aerobic digestion process, auto - heating to raise the temperature to the thermophilic range of 55 °C is required. For anaerobic digestion, either a pasteurization step or a thermophilic acid phase must be added to the biosolids stabilization treatment process. 3.6 DISINFECTION Disinfection at the Oso WRP is achieved with sodium hypochlorite where the chlorinated effluent passes through the chlorine contact basins. The contact basins provide the necessary contact time to kill most pathogens. Just prior to discharge, sodium bisulfate is added to neutralize any remaining chlorine residual. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 25 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN The existing disinfection system design parameters are shown in the following table: I axle s -i z uisinrection 5vstem uesian varameters Design Dose (mg /L) 6 6 Peak sodium hypochloriteflow 6,500 - Existing sodium hypochlorite 8,000 - flow caoacity food) Contact Basin Volume (MG) 1.38 - Peak Flow Contact Detention 20.3 20 Time (min) The disinfection process is sized to accommodate peak hour flows. Since the peak hour design flow will not be increased, the existing chlorine contact basins and sodium hypochlorite storage and feed systems will not require upgrades. The existing disinfection system has recently struggled to meet the effluent permit limits for enterococci (35 and 89 MPN /100 ml for daily average and max respectively). This level of "kill" should be reliably accomplished with the plant's existing disinfection equipment unless there is excessive effluent turbidity or short circuiting of the chlorine contact basins. This issue will be studied further during the Phase 2 preliminary design to determine whether the system would benefit from the installation of baffles in the contact basins. In addition, the Wastewater Department has experienced a significant number of maintenance problems associated with the vacuum feed system currently in place. Peristaltic or diaphragm -type metering pumps would provide a more reliable alternative, which has proven effective at other local plants. 3.6.1 Impact of Sodium on Disinfection Over the past 12 months, the City has experienced challenges in meeting its permit limits with respect to enterococci. These challenges occurred at times when mixed liquor concentrations were above 5,000 mg /I and NaOCI dosages were above 6 mg /I. Anecdotally, NaOCI dose was reduced to approximately 3 mg /I and disinfection results improved. Others have suggested that reduced disinfection effectiveness may have been the result of increased sodium levels in the Oso WRP effluent. Based on this recent experience, the City is concerned that break point chlorination with its corresponding high dosages of NaOCI may adversely impact disinfection at the Oso WRP. The LNV /Jacobs team reviewed available literature and concludes that elevated sodium levels are not known to impact disinfection effectiveness, particularly at the sodium concentrations encountered in the Oso WRP effluent or expected in the effluent as a result of breakpoint chlorination. Our conclusions are based on the following: Chlorine is routinely used to control biofouling in seawater cooling towers. Sodium concentrations in this application are substantially higher than those found in the Oso WRP effluent. • Higher TDS can affect the ionic strength of the plant effluent, which can then affect the equilibrium between hypochlorous acid and hypochlorite ion. An order of magnitude increase in TDS reduces the amount of hypochlorous acid in solution by approximately five \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 26 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN (5) percent (see figure 14, p 1502, Handbook of Chlorination 4th ed, White). Although no data quantifying the Oso WRP effluent sodium levels are available, we estimate that sodium levels range from 400 to 700 mg /I based on reported effluent chloride levels. The addition of 40 -70 mg /L sodium due to breakpoint chlorination represents an approximately 10 percent increase in TDS, which should decrease hypochlorous acid by much less than five percent. Based on the above information, we do not believe that higher dosages of NaOCI contributed to a decrease in disinfection effectiveness. It is more likely that the increase in mixed liquor concentration impacted the levels of suspended solids in the effluent overall chlorine demand. 3.7 ELECTRICAL SYSTEM 3.7.1 Existing Electrical System The existing electrical system at the Oso WRP was upgraded in 2007 under Project No. 7231, ELECTRCIAL /ALTERNATE POWER FACILTY UPGRADE. Under Part 1 of this project, all of the existing switchgear and motor control centers were replaced with new facilities. Three new electrical control rooms (ECR's) were installed with new transformers, switchgear and motor control centers to serve the existing plant loads. Each ECR is a climate controlled building with fully redundant transformers and indoor switchgear. ECR -2/3 contains the 12.47 kV main switchgear that supplies power to the entire plant and supplies 480 volt power to Blower Houses No. 1, 2, 3 &5, Lab /Office building, aeration basins, pre- thickeners, clarifiers and chlorination facilities. ECR -4 supplies 480 volt power to Blower House No. 4, the bar screen, re- aeration basins, belt press building, and the post- thickeners. ECR -LS2 serves Lift Station No. 2, chlorination, de- chlorination and the non - potable water system. The project included new 12.47 kV main - tie -main switchgear with automatic controls capable of switching the entire plant load from the preferred (normal) AEP source to the alternate (standby) source in the event of an unplanned power interruption. This upgrade project also included the installation of a plant -wide, above ground, cable tray system to replace the existing underground duct and manhole system. At this time, only the 12.47 kV feeder circuits are installed in the tray system, but there is adequate space for installation of new low voltage power, control and instrument circuits to replace the underground circuits that still remain in service. The Oso WRP currently has two (2) 500 kW diesel engine driven standby generators, one that serves ECR -LS2 and one that serves ECR -4. These generators are set up for manual start - stop. Switching between the normal utility source and the standby generators is by manual operation only. These generators do not have sufficient capacity to operate normal plant load, but are only sized to operate Lift Stations 1 and 2, one blower at ECR -4 and the chlorination facilities. When operating on generator power, the plant operators must disconnect or manually turn off non - essential loads at ECR -4 and ECR -LS2 to prevent the generators from overloading and tripping off line. 3.7.2 Electrical System Improvements Electrical system improvements and additions will be required to support the new plant process facilities recommended in this report. AEP's two 12.47 kV feeder circuits that serve the Oso WRP are already heavily loaded and may require an upgrade to maintain fully redundant capability at the new power demand levels. The existing 12.47 kV switchgear and feeder \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 27 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN system has adequate capacity to supply the new load requirements. However, new ECR buildings will be required since the existing ECR's do not have adequate transformer capacity or MCC space to serve the proposed loads. A new ECR -5 will be required on the north end of the plant to serve the new Lift Station No. 3, screening facilities and blowers. A new ECR -6 will be needed at the south end of the plant to provide power for MLR pumps and anoxic mixers. These ECR buildings will be climate controlled, prefabricated metal buildings similar to the existing ECR's with fully redundant transformers, switchgear and motor control centers. Recommendations for standby power improvements include relocating the two existing 500 kW generator units to a centralized generation plant located near ECR -2/3 and providing four (4) additional 500 kW units for 3,000 kW total standby capacity. These generators would operate in parallel with automatic start/stop and load sharing controls and will provide adequate capacity to run the entire plant in the event of an extended failure of both normal utility sources. The generators will be connected to the main 12.47 kV switchgear system through a step -up transformer and automatic paralleling 480 volt switchgear. 3.7.3 Electrical Energy Savings and Conservation Electrical costs represent a significant portion of the plant's operating cost. Reductions in electrical consumption will save money as well as reduce the plant's carbon footprint. Conversion to fine bubble aeration will provide significant energy savings. It is recommended that new pumps and blowers be equipped with premium efficiency motors to provide further savings. Improved control of the blowersthrough the proposed SCADA system will also reduce electrical costs. DO levels beyond 2 mg /L signals excess air is being fed to the process basins. This excess air is not harmful, but provides no benefit for its electrical cost. 3.8 INSTRUMENTATION AND CONTROLS 3.8.1 Existing SCADA System The existing Oso WRP has limited instrumentation and controls. The existing SCADA system includes RTU's located in the three existing ECR's that transmit minimal plant status and alarm points to the City wide SCADA network. No operator control is provided through the existing system. Normal display and monitoring of these SCADA points is done only at the Greenwood WWTP and at the City Wastewater Dept. offices located on Civitan Dr. The Oso WRP plant operators do not have the ability to monitor or control the process from a central plant control room. 3.8.2 SCADA Improvements It is recommended that the existing SCADA system be replaced with a new system that will provide full monitoring and supervisory control for the new plant facilities. Additionally, the existing process facilities will be integrated into the new SCADA equipment to the extent that 1/0 points are available to provide more extensive monitoring and control than the present system can provide. The new SCADA facilities will include a programmable logic controller (PLC) based RTU located in each new and existing ECR building with process 1/0 connections to MCC's, control panels and field instruments located in or near that ECR. These RTU's will communicate with a MTU (master terminal unit) located in the plant control room across a fiber optics or wireless Ethernet network. The new SCADA network will communicate to the existing City wide SCADA system through the existing 900 MHz radio link. The plant control room will be provided with a PC based, dual monitor operator work station. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 28 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 3.9 BUFFER ZONE TCEQ ( §309.13.E.3)necessitates a 150 foot buffer zone as a compliance requirement to abate and control odor nuisances prior to construction of a new wastewater treatment plant unit. The rule requires the permittee to submit sufficient evidence of legal restrictions prohibiting residential structures within the 150 foot portion of the buffer zone not owned by the permittee. This evidence typically involves a suitable restrictive easement, right -of -way, covenant, deed restriction or a private agreement provided to TCEQ for their review. The plant property is bound on the north, west, south, and southeast boundaries by TAMU -CC owned property. TAMU -CC is currently constructing a master planned athletic facility on the portion of land along the southern plant boundary. The master plan currently shows no improvements along the north, west and southeast property lines. The City has coordinated the proposed plant buffer zone with TAM U-CC since November 2011 and finalized the buffer zone agreement in January 2013. The buffer zone, as filed and recorded in the Official Public Records of Nueces County, offsets the existing property lines on the north, west, and southeast by 150 feet and offsets the southern property line by only 40 feet. This results in approximately 110 feet of the southern buffer zone being located on the plant property, meaning that no wastewater treatment unit is allowed to encroach within 110 feet of the plants southern property line. Refer to the executed and recorded buffer zone easement documents in Appendix C. For this reason, the southern buffer zone and plant property lines have dictated the shape of the proposed aeration basins. Although unlikely, it is possible that TCEQ will adopt more stringent odor regulations (larger buffer zone requirements) in the future which may result in having to relocate or modify the footprints of the proposed aeration basins. In addition, TAMU -CC has requested permission to construct a 13 foot high berm on the City's property within the proposed southern buffer zone which will serve as a visual barrier between the athletic facilities and the plant. This berm will be outside of the plants fence and will be maintained by TAMU -CC. Refer to Exhibit F inAppendix A for the berm layout. 4.0 PROJECT IMPLEMENTATION Upgrading the Oso WRP for biological nutrient removal is a significant part of the City's Capital Improvement Plan. This section summarizes the process upgrades detailed in the previous section and presents estimates of construction costs. 4.1 RECOMMENDED PLAN The following upgrades are recommended and in most cases, are presented in the order of construction. All proposed improvements are shown on Exhibit E in Appendix A. 4.1.1 Lift Station No. 4 The proposed 80 -90 MGD lift station facility will provide reliable pumping capacity and will allow plant personnel flexibility in isolating the influent lift stations for maintenance purposes. In addition, it will allow the City remove the temporary emergency pumps currently on site. The facility will have an approximate footprint of 40' by 75' and will include the following: • Bio- filter odor control facility or upgrades to existing system • Wet well with eight (8) submersible pumps • Lift Station Building • Flow Meter \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 29 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 4.1.2 Headworks Theproposed headworks must be constructed to reduce grit build -up in the aeration basins and will have an approximate footprint of 50' by 80'. The new facility will include the following: • Four (4) bar screens andassociated washers /compactors • Four (4) vortex grit chambers • Grit pumps and classifiers • Bio- filter odor control facilityor upgrades to existing system 4.1.3 Process Train No. 3 Aeration Basin A third aeration basin will be constructed adjacent to one of the existing trains. This two pass basin will be located south of the east process train and will have a footprint of approximately 300' by 100'. The following will be included: • 36" diameter influent piping to deliver screen ed/deg ritted sewage • Splitter structure to divide flows equally between operating aeration basins • 18" RAS piping to deliver RAS from the clarifiers to the head of the new basin • Mixed liquor return pump and piping • Fine bubble aeration diffusers and piping • Process air piping • Isolation Structures on RAS channel and clarifier influent 4.1.4 Existing Aeration Basin Retrofits The existing aeration basins will be converted to 6 MGD trains for biological nutrient removal.This work would be performed one train at a time and includes the following: • Extend the influent piping to the head of the re- configured basins • Extend the RAS channel to deliver RAS where the influent enters the basins • Demolishing the wall between the first two RAS re- aeration basins • Installation of new walls and baffles to form anoxic zones • Anoxic mixers • Mixed liquor return pumps and piping • Replace existing course bubble system with fine bubble piping /diffusers 4.1.5 Process Train No. 4 Aeration Basin The fourth aeration basinwill provide a total plant capacity of 24 MGD (firm treatment capacity of 18 MGD). This two pass basin will be located south of the west train with a footprint of approximately 210' by 140' and will include the same features as the Process Train No. 3 aeration basins. Some quantities will differ based on theparticular location and routing of pipes. 4.1.6 Disinfection Although major modifications to the disinfection system are currently under construction as a part of the Phase 1 improvements, further study will be performed during the preliminary design phase to determine whether the hypochlorite feed system should be modified and whether the existing chlorine contact chambers would benefit from the installation of baffles or the construction of new rectangular basins to prevent short circuiting. The existing chlorine contact chambers are converted circular clarifiers which are less reliable in providing a uniform contact time (i.e. flow pattern)thru the basin and can result in short circuiting. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 30 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 4.2 RECOMMENDED PLAN COSTS A preliminary cost estimate was developed to provide budgetary numbers for capital planning. Cost estimate accuracy is within 30% of the actual costs. The costs shown below include a 25% construction contingency, 22.8% administrative allowance, and are in 2013 dollars. The construction costs should be escalated approximately 3% per year to the midpoint of construction to account for inflation. The detailed cost estimates are included in Appendix B for more information. i ar)ie 1+- 1 rnase c L.vst r_snrnate aurnrn East Plant Retrofit $5,585,000 $6,865,000 West Plant Retrofit $5,585,000 $6,865,000 New East Process Train No. 3 $11,245,000 $13,815,000 New West Process Train No. 4 $10,545,000 $12,955,000 Influent Pump Station $9,910,000 $12,180,000 Headworks $9,734,000 $11,964,000 Maintenance Building $1,158,000 $1,428,000 Disinfection System Modifications & Chlorine Contact Basin Mech Equip Replacement $1,300,000 $1,560,000 Digester No. 2,3 & 4 Mech Equip Replacement $975,000 $1,185,000 LMWWTP Decommissioning & Transfer $24,932,000 $30,622,000 \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 31 of 32 TECHNICAL MEMORANDUM NO. 6 — REGULATORY COMPLIANCE AND IMPLEMENTATION PLAN 4.3 PHASING OF CAPITAL IMPROVEMENTS The improvements detailed in this masterplan are intended to be constructed in two phases (2A and 2B). However, if it is more economically feasible, the work may be completed inup to three phases as shown below. Phase 2A (Parts 1 and 2) will include the headworks, splitter structure, Train No. 3 aeration basins and the retrofit of the existing east and west trains. Although included in Phase 2A, the upgrades to the existing process trains must not be constructed until after the headworks and new process train No.3 are in operation. AIIPhase 2A facilities will include I &C and SCADAupgrades with provisions for connectingto thePhase 213facilities in the near future. Lift Station 4 should be constructed as soon as possible as it will provide reliable pumping capacity and will eliminate the need for the temporary Godwin pumps that have been installed for several years. However, it is not absolutely necessary until Phase 2B improvements. Phase 2B willalso include the Blower House No.3 upgrades to accommodate the fourth process train. \ \ccstorage2 \Projects \Corpus Christi \100140.00 Oso Water Reclamation Plant Nutrient Removal (Ammonia) \000 \0204 -Reg Comp & Imp Plan \TM -6 \2013 -04 -15 TM6 Reg Comp & Imp Plan.docx April 15, 2013 Page 32 of 32 Appendix A EXHIBITS s -d53i-5-)�,x� sa Bb _g N�w:m lS9 N�mx SVM 04 six Sd 94 5}J 84 K s, Hb m 3 a I svm Ol 3a Uox dW fld 531 3S\ I iN-- ��LLLL - 9 \� a - 3 t� LS 9 m , w � c� 6 e a ..............rte" 0 EXHIBIT C C = 3a H � LU O= au ZH N HO H� W o= Si — AbZ oonNyL p✓ Aa FS P \1 60�EyE` "~� f-OJP1 s 3 r �a a y� 3 s -d53i-5-)�,x� sa Bb _g N�w:m lS9 N�mx SVM 04 six Sd 94 5}J 84 K s, Hb m 3 a I svm Ol 3a Uox dW fld 531 3S\ I iN-- ��LLLL - 9 \� a - 3 t� LS 9 m , w � c� 6 e a ..............rte" 0 EXHIBIT C C = 3a H � LU O= au ZH N HO H� W ow �w e w 0 a <o �N s 00 D 00 C r. o VV 00 3 J o - ® w Q Q O Z a Z LLI W N N — W oE= 'am 00 D 00 C r. o VV 00 3 J C &$� i o o �1 o0 �= o a m p ,\ o Nhm 0 — H 9h -go IL 3 ®�w j O Z U t2 0 W Q d a�3 a F=; v m�� Nhm 0 — H 9h -go �MINE °r. 1 r ml I P� oW pF �N�pa�a - Q m�oo�a PL m5a�° _o °L 1 0I 1181HXI W21:18 )? INOZ s�o�e1 ;uoo I sya� ;iyoJe Ill siaaui6ua IVANU3 J 1N31dinN 1NVld NOU WVl03>J d31VM Os0 ��� xi 'IisiaHO sndaoo or/ B mV -o¢ pN i ssp�5�p��a�a�K m — li o w o ao��pmw 3 w � �o w aw�wo� = o a H = _ W 0 pao'm� °owkpo aN=a a o W O mo e o 0 0 ma oo a v o � p / / f a m a u 1 0 O] �f �o a rNii w owo �mm as �. 0'Lb Q 11 0111" i \\ fr o w 1A�. A� a z� �Q �r w� wa o� Appendix B COST ESTIMATES LNV In association with: Jacobs Engineering Group engineers architects i contractors Joshua Brown, P.E. ECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ECT NO: E09007 DATE: March 20, 2013 BY: JB &LB &JH 1 East Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 2 West Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 3 New East Process Train No. 3 1 LS $ 11,245,000 $ 11,245,000 4 New West Process Train No. 4 1 LS $ 10,545,000 $ 10,545,000 5 Influent Pump Station 1 LS $ 9,910,000 $ 9,910,000 6 Headworks 1 LS $ 9,734,000 $ 9,734,000 7 Maintenance Building 1 LS $ 1,158,000 $ 1,158,000 8 Disinfection System Modifications & Chlorine Contact Basin Mech Equip. Replacement 4 EA $ 325,000 $ 1,300,000 9 Digester No 2,3 & 4 Mech Equip Replacement 3 EA $ 325,000 $ 975,000 10 LMWWTP DecommissioninQ & Transfers 1 LS $ 24,932,000 $ 24,932,000 ,: C , a. CONSTRUCTION SUB TOTAL (2013 $) $ 80,969,000 DESIGN - BASIC SERVICE 8.0% $ 6,478,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 1,620,000 TOPOGRAPHIC SURVEY 0.3% $ 243,000 CONTRACT ADMINISTRATION 3.0% $ 2,430,000 ENGINEERING SERVICES 3.5% $ 2,834,000 CONSTRUCTION INSPECTION 3.5% $ 2,834,000 TESTING 1.0% $ 810,000 BOND INSURANCE 1.0% $ 810,000 MISC. PRINTING, ETC 0.5% $ 405,000 ADMINISTRATIVE SUB TOTAL $ 18,470,000 CONSTRUCTION TOTAL (2016 $) Note 1 $88,478,000 PROJECT TOTAL (2016 $) Note 111 $106,948,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. 2. Items not included in the estimate are any structures or equipment identified during the condition assessment as requiring upgrades, rehabilitation, or replacement including but not limited to the outfall facilities, administration building, belt press building, digesters, clarifiers and /or yard piping. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 1 of 9 LNV In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. ECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ECT NO: E09007 RIPTION: East Plant Aeration Basin Retrofit DATE: March 20, 2013 BY: JB &LB &JH 1 Mobilization 1 LS $ 210,000 $ 210,000 2 Sludge removal & disposal 1 LS $ 250,000 $ 250,000 3 Utilty relocation (RS piping) 1 LS $ 160,000 $ 160,000 4 Demolition (160' baffle wall) 1 LS $ 100,000 $ 100,000 5 New baffle walls 1 LS $ 250,000 $ 250,000 6 Yard piping modifications 1 LS $ 500,000 $ 500,000 7 Mixers, MLR pump & pipe, WAS pump & pipe 1 LS $ 750,000 $ 750,000 8 New fine bubble diffusers 1 LS $ 525,000 $ 525,000 9 Upgrades to air piping (automated valves 1 LS $ 450,000 $ 450,000 10 Walkway retrofit due to new air pipe 1 LS $ 250,000 $ 250,000 11 Electrical and Instrumentation 1 LS $ 850,000 $ 850,000 II CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 II DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. (PRINTING. ETC) (0.5 %) $ 28.000 11 ADMINISTRATIVE SUB TOTAL $ 1,280,000 11 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 2 of 9 LNV In association with: DATE: March 20, 2013 Jacobs Engineering Group BY: JB & LB & JH engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: West Plant Aeration Basin Retrofit PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 210,000 $ 210,000 2 Sludge removal & disposal 1 LS $ 250,000 $ 250,000 3 Utilty relocation (RS piping) 1 LS $ 160,000 $ 160,000 4 Demolition (160' baffle wall) 1 LS $ 100,000 $ 100,000 5 New baffle walls 1 LS $ 250,000 $ 250,000 6 Yard piping modifications 1 LS $ 500,000 $ 500,000 7 Mixers, MLR pump & pipe, WAS pump & pipe 1 LS $ 750,000 $ 750,000 8 New fine bubble diffusers 1 LS $ 525,000 $ 525,000 9 Upgrades to air piping (automated valves) 1 LS $ 450,000 $ 450,000 10 Walkway retrofit due to new air pipe 1 LS $ 250,000 $ 250,000 11 Electrical and Instrumentation 1 LS $ 850,000 $ 850,000 CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 . ........................FR�3.lE T Tt�T .. � .. ,. NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 3 of 9 LNV In association with: Jacobs Engineering Group engineers f architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed East Aeration Basin (Train 3) DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 420,000 $ 420,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 New splitter box with gates 1 LS $ 350,000 $ 350,000 4 Isolation Structures (Clarifier & RAS) 2 EA $ 100,000 $ 200,000 5 Excavation/ fill/ disposal 20000 CY $ 30 $ 600,000 6 Dewatering 1 LS $ 250,000 $ 250,000 7 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 8 Yard &Air piping modifications 1 LS $ 1,100,000 $ 1,100,000 9 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 10 Diffusers 1 LS $ 525,000 $ 525,000 11 Air piping (automated valves) 1 LS $ 450,000 $ 450,000 12 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 13 Walkways, Safety Rails 1 LS $ 250,000 $ 250,000 14 Electrical and Instrumentation 1 LS $ 1,250,000 $ 1,250,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 11,245,000 11 DESIGN - BASIC SERVICE 8.0% $ 900,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 225,000 TOPOGRAPHIC SURVEY 0.3% $ 34,000 CONTRACT ADMINISTRATION 3.0% $ 338,000 ENGINEERING SERVICES 3.5% $ 394,000 CONSTRUCTION INSPECTION 3.5% $ 394,000 TESTING 1.0% $ 113,000 BOND INSURANCE 1.0% $ 113,000 MISC. (PRINTING, ETC) (0.5 %) $ 57,000 11 ADMINISTRATIVE SUB TOTAL $ 2,570,000 11 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 4 of 9 LNV In association with Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO E09007 DESCRIPTION: Proposed West Aeration Basin (Train 4) DATE: March 20, 2013 BY WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 330,000 $ 330,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 Isolation Structures (Clarifier & RAS) 2 EA $ 100,000 $ 200,000 4 Excavation/ fill /disposal 20000 CY $ 30 $ 600,000 5 Dewaterin 1 LS $ 250,000 $ 250,000 6 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 7 Yard & Air piping modifications 1 LS $ 900,000 $ 900,000 8 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 9 Diffusers 1 LS $ 525,000 $ 525,000 10 Air piping (automated valves 1 LS $ 450,000 $ 450,000 11 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 12 Walkways & Safety Rails 1 LS $ 250,000 $ 250,000 14 lElectrical and Instrumentation 1 LS $ 1,350,000 $ 1,350,000 CONSTRUCTION SUB TOTAL (2013 $) $ 10,545,000 DESIGN - BASIC SERVICE 8.0% $ 844,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 211,000 TOPOGRAPHIC SURVEY 0.3% $ 32,000 CONTRACT ADMINISTRATION 3.0% $ 317,000 ENGINEERING SERVICES 3.5% $ 370,000 CONSTRUCTION INSPECTION 3.5% $ 370,000 TESTING 1.0% $ 106,000 BOND INSURANCE 1.0% $ 106,000 MISC. PRINTING, ETC 0.5% $ 53,000 ADMINISTRATIVE SUB TOTAL $ 2,410,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 5 of 9 LNV In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed Influent Lift Station DATE: March 20, 2013 BY: WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 370,000 $ 370,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation 1 LS $ 500,000 $ 500,000 4 Dewatering 1 LS $ 150,000 $ 150,000 5 New 60" Inlet Piping 500 LF $ 1,000 $ 500,000 6 Lift Station Dual Wet Well 1 LS $ 750,000 $ 750,000 7 Submersible Influent Pumps 8 EA $ 150,000 $ 1,200,000 8 Lift Station Building 1500 SF $ 300 $ 450,000 9 Yard piping & Fittings 1 LS $ 500,000 $ 500,000 10 Flow Metering 1 EA $ 200,000 $ 200,000 11 Pump Hoist & Lifting System 1 LS $ 150,000 $ 150,000 12 Demolition & Decommissioning of LS1 & LS2 1 LS $ 150,000 $ 150,000 13 Electrical, Instrumentation & Programming 1 LS $ 2,400,000 $ 2,400,000 QiTta,,,, CONSTRUCTION SUB TOTAL (2013 $) $ 9,910,000 DESIGN - BASIC SERVICE 8.0% $ 793,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 199,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 298,000 ENGINEERING SERVICES 3.5% $ 347,000 CONSTRUCTION INSPECTION 3.5% $ 347,000 TESTING 1.0% $ 100,000 BOND INSURANCE 1.0% $ 100,000 MISC. PRINTING, ETC 0.5% $ 50,000 ADMINISTRATIVE SUB TOTAL $ 2,270,000 FR3lET TtT ,.tom {3 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 6 of 9 LNV In association with: DATE: March 20, 2013 Jacobs Engineering Group BY: WLB & BHE & JH engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed Headworks Structure PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 360,000 $ 360,000 2 Sludge removal and disposal 1 LS $ 150,000 $ 150,000 3 Demolition (Removal of buried post thickeners and Existing Headworks facility) 1 LS $ 350,000 $ 350,000 4 Pier Foundation - (54) 36" dia piers @ 50' Depth) 2700 VF $ 120 $ 324,000 5 Utility Relocation 1 LS $ 100,000 $ 100,000 6 Excavation 1 LS $ 50,000 $ 50,000 7 Modifications to Existing Lift Station Force Mains 500 LF $ 500 $ 250,000 8 Bar Screen Channel Concrete Structure 1 LS $ 500,000 $ 500,000 9 Grit Basin Concrete Structure 1 LS $ 750,000 $ 750,000 10 Bar screens, Compactors, Gates 1 LS $ 1,500,000 $ 1,500,000 11 Vortex Grit Equipment 4 EA $ 400,000 $ 1,600,000 12 Miscellaneous Piping 1 LS $ 300,000 $ 300,000 13 lElectrical and Instrumentation 1 LS $ 500,000 $ 500,000 14 10dor Control FacilitX Im rovements 1 LS $ 750,000 $ 750,000 CONSTRUCTION SUB TOTAL (2013 $) $ 9,734,000 DESIGN - BASIC SERVICE 8.0% $ 779,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 195,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 293,000 ENGINEERING SERVICES 3.5% $ 341,000 CONSTRUCTION INSPECTION 3.5% $ 341,000 TESTING 1.0% $ 98,000 BOND INSURANCE 1.0% $ 98,000 MISC. PRINTING, ETC 0.5% $ 49,000 ADMINISTRATIVE SUB TOTAL $ 2,230,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 7 of 9 LNV In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Maintenance Building DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 43,000 $ 43,000 2 Site Clearing & Preparation 1 LS $ 20,000 $ 20,000 3 Metal Building & Foundation (3000 SF) 3000 SF $ 200 $ 600,000 4 Utility Relocation 1 LS $ 25,000 $ 25,000 5 Plumbing & HVAC 1 LS $ 150,000 $ 150,000 6 Electrical Improvements 1 LS $ 50,000 $ 50,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 1,158,000 11 DESIGN - BASIC SERVICE 8.0% $ 93,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 24,000 TOPOGRAPHIC SURVEY 0.3% $ 4,000 CONTRACT ADMINISTRATION 3.0% $ 35,000 ENGINEERING SERVICES 3.5% $ 41,000 CONSTRUCTION INSPECTION 3.5% $ 41,000 TESTING 1.0% $ 12,000 BOND INSURANCE 1.0% $ 12,000 MISC. (PRINTING, ETC) (0.5 %) $ 6,000 11 ADMINISTRATIVE SUB TOTAL $ 270,0001 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 8 of 9 LNV engineers architects I contractors PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ,PROJECT NO E09007 DESCRIPTION: Laguna Madre WWTP Decommissiong, Transfer Lift Station & Wastewater /Effluent Force Mains DATE: March 20, 2013 BY WLB PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 920,000 $ 920,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation for Wet Well 1 LS $ 35,000 $ 35,000 4 Dewatering for Wet Well 1 LS $ 40,000 $ 40,000 5 New 36" Inlet Piping 100 LF $ 350 $ 35,000 6 Dual Concrete Wet Well 1 LS $ 150,000 $ 150,000 7 135 HP Submersible Influent Pumps 6 EA $ 80,000 $ 480,000 8 Lift Station Building 1000 SF $ 300 $ 300,000 9 LS Yard piping Modifications 1 LS $ 50,000 $ 50,000 10 Flow Metering 1 EA $ 125,000 $ 125,000 11 Pump Hoist & Lifting System 1 LS $ 125,000 $ 125,000 12 Demolition & Decommissioning of LMWWTP 1 LS $ 750,000 $ 750,000 13 Electrical, Instrumentation & Programming 1 LS $ 1,000,000 $ 1,000,000 14 Dual 20 -in Wastewater Force Main to Oso WRP 29300 LF $ 250 $ 7,325,000 15 Dual 20 -in Wastewater FM Installed across Oso Bay via HDD 4750 LF $ 490 $ 2,327,500 16 Dual 20 -in Wastewater FM across Shoreline Bridge 1700 LF $ 300 $ 510,000 17 12 -in Effluent Force Main to LMWWTP 29300 LF $ 85 $ 2,490,500 18 HDD Effluent FM installed across Oso Bay via 4750 LF $ 170 $ 807,500 19 12 -in Effluent FM across Shoreline Bride 1700 LF $ 100 $ 170,000 21 Dewatering by Well Pointing for both FMs 29300 LF $ 25 $ 732,500 22 HMACP Pavement Repair 3300 LF 2567 SY $ 60 $ 154,000 23 JAir Release Valve Manholes & Assembly 20 EA $ 9,000 $ 180,000 24 JGate Valves 4000' SRacinp 30 EA $ 5,500 $ 165,000 ., CONSTRUCTION SUB TOTAL (2013 $) $ 24,932,000 DESIGN - BASIC SERVICE 8.0% $ 1,995,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 499,000 TOPOGRAPHIC SURVEY 0.3% $ 75,000 CONTRACT ADMINISTRATION 3.0% $ 748,000 ENGINEERING SERVICES 3.5% $ 873,000 CONSTRUCTION INSPECTION 3.5% $ 873,000 TESTING 1.0% $ 250,000 BOND INSURANCE 1.0% $ 250,000 MISC. PRINTING, ETC 0.5% $ 125,000 ADMINISTRATIVE SUB TOTAL $ 5,690,000 ...., ,,,,,,, ,,,,,,, r NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX B Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 9 of 9 Appendix C Buffer Zone Easement Dn-_—"w 2013002933 v2�N BUFFER ZONE EASEMENT CITY OF CORPUS CHRISTI 111111][Di �IIj'17!011'111! :91 111 1111, 1 '111, A plat of the Property showing the surface area affected by the Easement and the location of 2. Puroose and Location of Easement. The Easement is granted for the purpose of 3. RigiLt of Access. CITY has the right of ingress and egress across the Property for the purpose of maintaining a buffer zone. CITY agrees to occupy the surface of the Property only to the extent and for the length of time necessary for maintaining the buffer zone. Any gate or opening used by CITY for ingress or egress in the exercise of its rights must be kept in proper condition and closed at all times. 1U �j Pmpuad by Office of Gomel Counad City orcorpus Christi Buffer Zone Easement LftW Fila No, 2012-OMOW9 W312012 APPENDIX A Page 1 of 12 7. CITY will comply with the Antiquities Code of Texas, TEX. NAT. RES. CO ANN. § 191 et gN,. and CITY further y©» title to archaeological objects or artifacts, «- , or on the Property remain with TAMUS. I 911,1011 . . ....... . . City of Corpus Christi Wastewater Department V%O. Box 9277 Corpus Christi, Texas 78469-9277 B. her w to grant permits, licenses and easements covering the Property to other parties for he befit of third parties or the public, so long as (i) the third party or public use does not interfere with the use of the Property as a buffer zone. E Lic t Pr"ared by Office of Ocromi Counul 2 City of CoW Chriv! BWYbr Zom Emanent LMW ,No. 2012-MON9 FDO421IM2012 APPENDIX A Page 2 0 12 r I I M, I LM �Mll CITY will not use the Property or permit the Property to be used so as to cause, suffer, allow any contamination of soils, ground water, surface water, or natural resources on adjacent to the Property resulting from, but not limited to, spills or leaks of oil, gasolin hazardous materials, hazardous wastes, or other chemical compounds. CITY is sole I responsible for cleanup of any contarnination resulting from violation of this provision. 12. Waiver. No waiver by TAMUS or CITY of any default or breach of any te condition, or covenant of the Easement will be a waiver of any other breach of any other te condition, or covenant. I Prepared by Office of Gum& Counsel 3 City or Cerpus Christi Buffer Zone Easement LASW Files W 20 12400909 EDG-12113/2012 APPENDIX A Page 3 of 12 13. Privileges and Immunities. CITY acknowledges TAMUS is an agency of the S *f a nd be o s a ai Texs a nothing in this agreement will cnstrued a w ver or relinquishmentl TAMUS of its right to claim gxemp ions, Drivileoes, and immunities as m be provided bv laVA L al 14. Texas Law 12 A SpAl. This agreement is construed under and in accordance with laws of the State of Texas and is performable in Nueces County, Texas; however, by statut mandatory venue for all suits against TAMUS is to be in the county in which the principal offi of the chief executive officer is located. At execution of this agreement, such county is Br County, Texas. 16. He inps. Headings are for reference and will not be construed to limit or alter t1R meaning of the provisions of this agreement. 17. Parties Bound. This agreement is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors in interest or office, and assigns (but this Section does not constitute permission for an assignment). 18. Saving-Clause. Should any clause in this agreement be found invalid by a court of law, the remainder of this agreement will not be affected and all other provisions in this agreement remain valid and enforceable to the fullest extent permitted by law. 19. Assignment. This agreement is personal to CITY. CITY may not sell, assig encumber, or convey its interest in this agreement or the Easement without the prior writt'j! consent of TAMUS and anv itte or convei its interest V". i -,on,4 bi CITY to sell, assia, encumber i - If to TAMUS: The Texas A&M University System Office of General Counsel Attn: System Real Estate 301 T w Street, 6h Floor College Station, Texas 77840-7896 El Pmpoed by Office of Ganueal Counsel City of Corpus Christi suffm Zone EWMMt L%d Res No 201 2-0030904 EDG-12113/20U APPENDIX A Page 4 of 12 If to CITY: City of Corpus Christi, Texas Engineering Services Attn: Daniel BIles, P.E. P. 0. Box 9277 20. Entire _Agreement. This agreement constitutes the entire agreement between TAMUS and CITY with respect to the subject matter hereof and will not be explained, modified, or contradicted by any prior or contemporaneous negotiations, representations, or agreements, either virritten or oral. This agreement may only be amended by a subsequeni written instrument executed by both parties. By: Ll- -- JIMMIE; JO Ch 5 Pmpared by Offim of CwmW Couaml City of COW chdai Bu ff Zone Eaftmwt I Files W 2012-MO909 EDG-13+13120M APPENDIX A Page 5 of 12 COUNTY OF BRAZOS § CITT OF CO�'R'll-g-C-'--"-L%TL—TEXASTe-xa--;,-�- Rule municipal corporation By: DANIEL BILES, P.E. Director, Department of Engineering Services , a Notary Public in and for the State of Texas, T, Chancellor of the Texas A&M University GIVEN UN7 MY HAND AND SEAL 0�01FFICE this . A.D. 2012. Notary Public, State oVexas In Y j"p'-j;T dig DOC I'= Prepred by Office of Gawal Cauo City of Corpus Chrimi ffidFa Zwe Eawnmu L%W FlIn No. 2012-W3MM EDG42113r-012 APPENDIX A Page 6 of 12 STATE OF TEXAS § COUNTY OF BRAZOS § KRISANN L. EVERETT MY COMMISSION EXPIRES No Public, to of Texas AUGUST 11, 2013 APPENDIX A Page 7 of 12 STATE OF TEXAS § COUNTY OF NUECES BEFORE ME, the undersigned authority, a Notary Public in and for the State of Tex on this day personally appeared DANIEL BILES, P.E., Director, Department of Engineeril. Services for the City of Corpus Christi, known to me to be the person whose name is subscrib to the foregoing instrument and acknowledged to me that he executed it for the purposes consideration therein expressed, and in the capacity therein stated. I -,.C7IVEN UNDER MY HAND AND SEAL OF OFFICE this ;;� day of _,A.D. 2012. EUSMD QARZk M mycommms"ExMM eo; FftM14,03 • 9- 1 Of Tice AL D - �WV-- - F4 O blic, State • as R L----7 0117�- 7 Prepued by Office ot Gerieral Counsd City of Corpus Chdad Buffer Zone Emment Le;W Files No' 2012-0030909 EDG-UV13/2012 APPENDIX A Page 8 of 12 L,EGEND: - m W.R.N.C.T. MAP RECORDS, NUECES COUNTY ' TEXAS 0 O.R.N.C.T. OFFICIAL RECORDS, NUECES COUNTY, Tj- U.E. UTILITY EASEMENT El ELECTRICAL. EASEMENT PROPERTY LINE EASEMENT/BUILDING LINE Ll moo PROPOSED BUFFER ZONE EASEMENT BUFFER ZONE EASEMENT PER ORIGINAL GIFT DEED. DOC NO. 2008014064 ,,'5,EXHIBIT J-PARCEL 3 200 BUFFER ZONE BUFFER ZONE PER ORIGINAL GIFT DEED. DOC NO. 2008014064 TRACT 2 GENERAL NOTES. . SOURCE OF BEARING-NUECES COUNTY TEXAS, DEED RECORDS . EXHIBrF A. C, D, 1. J. K, L, M AND N ARE RECORDED IN DOCUMENT NO. 2008014064, OFFICIAL RECORDS, NUECES COUNTY, TEXAS. - - - - — - - - - - - LOT 9, SECTION 17 FLOUR BLUFF & ENCINAL 17 FARM 8 GARDEN TRACTS ('L A, Pas, 41-42 w M-R-N.C.T 15' U.E�-"��\ INSET 15* U.E. L16 EXHIBIT I DRAINAGE EASEMENT CAYO DEL OSO EXHIBIT J-PARCEL 3 & 00' BUFFER ZONE LOT 5 SECTION 17 TRACT 1 2, FLOUR BLUFF & ENICINAL FARM & GARDEN TRACTS vo VOL, A, PISS. 41-43 -XHIBIT C M R.N,C T 50' U.E. cl 15' U. E, 051", EXHIBIT A AWT L L10 0.47 ACRES lc- 10' U.E. TO EXHIBIT K-PARCEL 10 TRACT 4 150' BUFFER " DRIVE 30.14 ACRES ZONE EASEMENT Lll ROAD CLOSUR L15 E 0.86 ACRES AREA=339,913.96 SO. Fr. - - - - - - OC. NO. 7.80 AC - - - - - - - - 011021639 EXHIBIT L TEMPORARY ACCESS AND O.R.N.C.T. 15 E.E. CONSTRUCTION EASEMENT 2 EXHIBIT A ' DC. NO. 2012031073 41,58 ACRES 77, 150' BUFFER EASEMENT 3 UNNUMBERED 1-01. SECTION 1, FLOUR BLUFF & ENCINAL FARM 4 GARDEN TRACTS VOL kPOS 41.43 L14 EXHIBIT N 10' MAINTENANCE EXHIBIT M EXHIBIT D & SECURITY EASEMENT 25' ACCESS 15' U. E. LOT S. SECTION 17 EASEMENT FLOUR BLUFF & ENC4NAL VARM & GARDEN TRACTS EXHIBIT A SOUTH GUTH PARK V01- A, RGS, 169.4;; 95.07 ACRES BALL FIELDS 0IV CITY OF CORPUS CHRISTI, TX engineers I arehitOM Contractors A "—w""Wom— BUFFER EMSEMENT 11/9/12 SHEET 1 OF 2 SCALE: 1" =300' Page 9 of 12 to Page 10 of 12 foci; (AV's lfs� DGIHX3 n838 � 3NOZ 83jine ouv St).JNOO —7 -WAOV43N INYUL N IN'vid N WV133?J N31VM OW Xl"'11SINHO II: i. F w Arig Provision herein which restricts the S Rental or use of the described REAL PROPERTY because of Race: Color, Religiont Sexp Handicapp Familial Statusy or National Origin is invalid and unenforceable under FEDERAL LAWF 3/12/89. APPENDIX A Page 12 of 12 nNT7777MOM engineers I architects I contractors TBPE No. F-366 Phone: (361) 883-1984 Fax: (361) 883-1986 801 Navigation, Suite 300 Corpus Christi, Texas 78408 m M/ Oso Water Reclamation Plant f off Nutrient Removal Project (Ammonia) Lr4v O City Project No. E09007 LNV Project No. 101040.00 JACOBS TECHNICAL MEMORANDUM NO.9 Date: April 15, 2013 To: Dan Biles, P.E. - Director of Engineering From: Logan Burton, P.E. Subject: Oso WRP Phase 2 Cost /Benefit Evaluation Copies To: Bill Green, P.E., Foster Crowell, Joe Trejo, P.E. 1 Executive Summary ................................................................................................ ............................... 2 2 Introduction ........................................................................................................... ............................... 4 2.1 Purpose ........................................................................................................... ..............................4 2.2 Background Information ................................................................................. ..............................4 2.2.1 City of Corpus Christi Wastewater Treatment ....................................... ............................... 4 2.2.2 Oso Water Reclamation Plant (Oso WRP) .............................................. ............................... 5 2.2.3 Laguna Madre Wastewater Treatment Plant ( LMWWTP) ...................... ..............................6 2.2.4 Greenwood Wastewater Treatment Plant ( GWWTP) ............................ ............................... 6 2.3 Wastewater Department Business Plan ........................................................ ............................... 7 3 Evaluated Alternatives ............................................................................................ ..............................7 3.1 Oso WRP Phase 2 Improvements .................................................................. ............................... 7 3.2 Not Implementing Phase 2 Improvements .................................................... .............................10 4 Summary of Advantages /Disadvantages ............................................................... .............................11 5 Project Cost Estimates ........................................................................................... .............................12 5.1 Capital Construction & Project Costs ............................................................. .............................12 5.2 O &M Costs ..................................................................................................... .............................14 5.3 Other Costs .................................................................................................... .............................15 5.4 Total Present Value Costs .............................................................................. .............................16 6 Conclusion .............................................................................................................. .............................16 Executive Summary The City of Corpus Christi owns and operates six (6) wastewater treatment plants, which currently serve approximately 310,000 customers. This memorandum focuses on the Oso Water Reclamation Plant (WRP) and the Laguna Madre Wastewater Treatment Plant (WWTP), and will provide some related discussion on the Greenwood Wastewater Treatment Plant (GWWTP) as well. The Oso WRP is the largest of the six treatment plants in the City of Corpus Christi and is located at the corner of Ennis Joslin Road and Nile Drive, adjacent to the Texas A &M University- Corpus Christi Athletic Facility. The plant currently serves the large, growing service area on the City's Southside, which includes approximately 24,143 acres and over 50% of the City's population. All treatment plants in the State of Texas are required to operate under a Texas Pollution Discharge Elimination System ( TPDES) permit, which is authorized and monitored by the Texas Commission on Environmental Quality (TCEQ). The TCEQ has recently adopted more stringent restrictions on ammonia levels intended to protect sea grasses in the bay systems. On April 29, 2011, the TCEQ issued a renewal of the plant's TPDES permit which included new effluent ammonia limits on 30 -day average, 7 -day average and daily maximum of 4 mg /L, 6 mg /L and 10 mg /L, respectively, along with a milestone compliance date on or before October 29, 2013. To attain compliance by October 29, 2013, the City adopted a strategy of implementing near -term (Phase 1) and long -term (Phase 2) improvements at the Oso WRP. Phase 1 improvements are considered near -term improvements as a result of the increased O &M costs and added complexity to the operation of the plant. These improvements will not meet the cost /benefit requirements of a long -term solution. The Phase 2 facility upgrades are necessary for the plant to meet additional anticipated regulatory requirements, to provide additional treatment capacity to meet projected increased plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 improvements. The proposed Oso WRP Phase 2 work addresses the following mission elements: • Mission Element #2 —Treat Wastewater o Goal — Operate and upgrade wastewater treatment plant facilities to meet regulatory requirements. • Strategy 1 - Meet or exceed TCEQ & EPA regulated effluent quality limits • Strategy 3 - Implement effective plant asset management strategies • Mission Element #4 — Plan and develop expansion to the wastewater utility ■ Strategy 2 - Improvements and anticipated regulatory requirements for plant re- rating The goal of this study was to develop life -cycle cost estimates with as much confidence as possible given the state of the conceptual design. Life cycle costs represent the total cost incurred over the life span of a project, including design, construction, and operation and maintenance (O &M) costs. All cost estimates in this study are shown in 2013 dollars and are broken into multiple components such as Page 2 of 16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation capital construction, construction contingency, administrative items, engineering design, and O &M costs. Due to the additional permitting requirements anticipated in upcoming TPDES renewals, the growth in the Southside, and the age of the plant, there is not a realistic, viable "do nothing" option. As a result, this memo discusses the consequences of not moving forward with the Phase 2 improvements and describes the necessary projects that would be necessary in lieu thereof. The capital construction costs for Oso WRP Phase 2 Improvements, including decommissioning of the Laguna Madre WWTP, is $80,969,000 with a total project cost including administration estimated at $99,439,000. The total construction costs associated with not implementing Phase 2 are $105,030,000 with a total project cost including administration of $128,990,000 which includes Laguna Madre WWTP and Greenwood WWTP upgrades. The Wastewater Department has adopted a budget for the operation of Oso WRP for the current fiscal year (2012- 2013). This memorandum illustrates the estimated O &M costs for the "do nothing" approach, along with the O &M costs for the plant once the Phase 2 improvements are implemented. The improvements will result in a less complex, more efficient biological nutrient removal process along with more reliable treatment equipment. The chart below and table on the following page summarize the total present values of both alternatives and demonstrates how the Phase 2 Improvements will save the City approximately $106 million over the next 20 years. Figure 1m Present Value Cost Summary Page 3 of 16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation Table 1 -1m Present male Cost Summary ALTERNATIVE PROJECT O &M COSTS LIFECYCLE COSTS COSTS (Present Value) (20 Years) Phase 2 Improvements $99,439,000 $66,440,000 $165,879,000 Not Implementing Phase 2 $128,990,000 $143,160,000 $272,150,000 Improvements PRESENT VALUE SAVINGS 1 $29,551,000 1 $76,720,000 1 $106,271,000 The purpose of this memorandum was to provide background information of the Oso WRP Nutrient Removal (Ammonia) project, summarize its advantages and disadvantages, and show the economic financial impacts of implementing these improvements. If the recommendations identified in this memo are executed, the estimated savings to the City is $106 million over the next 20 years. Introduction 2. 1 Prr° e The purpose of this memorandum is to provide the background information on the drivers of the Oso WRP Nutrient Removal (Ammonia) project, as currently identified in the City's Capital Improvement Program, and to present the results of a cost /benefit evaluation of the project improvements. Ultimately, this memo intends to show the economic benefits of implementing these improvements. The basis for the cost evaluation will be the estimated capital and incremental operational and maintenance (O &M) costs associated with the project. The results of this memo will provide an understanding of the cost impacts and will aid the City in making an informed decision regarding the future direction of the plant. 2.2 Background Information 2.2.1 City of Corpus Christi Wastewater Treatment The City of Corpus Christi owns and operates six (6) wastewater treatment plants which currently serve approximately 310,000 customers. This memorandum focuses on two (2) of the six plants; Oso Water Reclamation Plant (WRP) and the Laguna Madre Wastewater Treatment Plant (WWTP) and will provide some related discussion on the Greenwood Wastewater Treatment Plant (GWWTP) as well. Additional information related to each of these plants is provided in subsections below. All treatment plants in the State of Texas are required to operate under a Texas Pollution Discharge Elimination System ( TPDES) permit which are authorized and monitored by the Texas Commission on Environmental Quality (TCEQ). TPDES permits describe the minimum water quality based effluent Page 4 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation limitations and monitoring requirements which must be met to maintain permit compliance. TPDES permits are typically issued for five (5) year durations and must be renewed prior to expiration. Upon each permit renewal, the TCEQ and United States Environmental Protection Agency (USEPA) have the authority to include more stringent requirements in the permit. Over the past 10 years, these regulatory agencies have focused their attention on adopting nutrient (ammonia, nitrogen and phosphorus) limits, especially for those plants which discharge effluent into or near certain impaired waters. To date, the Greenwood WWTP, which discharges into Oso Creek, has the only permit containing an ammonia limit (3 mg /L) while the Oso WRP permit only requires that ammonia concentrations be monitored and reported on a weekly basis. 2.2.2 Oso Water Reclamation Plant Os P The Oso Water Reclamation Plant (Oso WRP) is the largest of the six treatment plants in the City of Corpus Christi and is located at the corner of Ennis Joslin Road and Nile Drive, adjacent to the TAMU -CC Athletic Facility. The plant currently serves the large and growing service area on the City's Southside which consists of approximately 24,143 acres and over 50% of the City's population. Refer to Exhibit 1 — Service Area Map for a graphical depiction of the service area. The Oso WRP discharges into Oso Bay (Cayo del Oso) which is on the USEPA's list of impaired water bodies and is currently operating under a 20 mg /L BOD5 and 20mg /L TSS permit. The plant is operated with a current allocation of 16 staff members and produces an effluent quality that is in compliance with TCEQ's Type II Reclaimed Water ( §210.32) regulations. The Oso WRP was originally constructed in 1941 and several expansion projects have occurred over the years. The most recent major upgrade to the Oso WRP was completed in 1982. The project consisted of converting the plant's activated sludge process to a contact stabilization process and upgrading the plant's treatment capacity to accommodate average daily flows (ADF) of 16.2 million gallons per day (MGD) and peak 2 -hour flows up to 98.0 MGD. The Oso WRP is currently configured as two parallel treatment trains; each rated at 8.1 MGD average daily flow. The Oso WRP currently treats about 11.3 MGD which represents approximately 70% of the plant's ADF design capacity and based on growth projections, this is expected to increase to approximately 15.2 MGD once the service area is completely developed. Per TCEQ regulations, design for increased capacity must be underway when flows reach 75% of design capacity. As mentioned above, the TCEQ has recently adopted more stringent restrictions on ammonia levels intended to protect sea grasses in the bay systems. On April 29, 2011, the TCEQ issued a renewal of the plant's TPDES permit which included new effluent ammonia limits on 30 -day average, 7 -day average and daily maximum of 4 mg /L, 6 mg /L and 10 mg /L, respectively, along with a milestone compliance date on or before October 29, 2013. Prior to this renewal, the Oso WRP permit had not contained an ammonia limitation. The purpose of the compliance schedule was to provide sufficient time for the City to design, construct, and commission the necessary improvements to meet this ammonia limit in the near -term. The existing contact stabilization configuration of the Oso WRP was designed to remove BOD efficiently, but is not well- suited for ammonia removal nor is it allowed by TCEQ to be used as a nitrifying process to remove ammonia. As a result, major facility upgrades at the Oso WRP are necessary to comply with this Page 5 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation new ammonia limit. It should also be noted there are indications from the regulators that Total Nitrogen (TN) and Total Phosphorus (TP) limits are likely to be imposed upon the Oso WRP within the next several permit renewal cycles. To attain compliance by October 29, 2013, the City adopted a strategy of implementing near -term (Phase 1) and long -term (Phase 2) improvements at the Oso WRP. This strategy allows the City to implement cost effective improvements as a temporary means of meeting the new effluent ammonia requirements in the near -term while planning, designing, and implementing the permanent long -term Phase 2 facility improvements following completion of other on -going major capital projects such as the New Broadway WWTP. Phase 1 improvements included the temporary Breakpoint Chlorination Facility (BPC) and Step Feed modifications which are currently under construction and are scheduled for completion in September 2013. Phase 1 will achieve compliance with the ammonia limitations in the City's discharge permit within the mandated timeframe. However, as a result of the increased O &M costs and added complexity to the operation of the plant, these improvements will not meet the cost /benefit requirements of a long -term solution. The Phase 2 facility upgrades are necessary for the plant to meet additional anticipated regulatory requirements, provide additional treatment capacity to meet projected increased plant flows, to ensure continued plant reliability, and to replace the temporary Phase 1 improvements. Technical Memorandum No. 6 — Regulatory Compliance and Implementation Plan describes the major capital improvements necessary to meet the current and anticipated (future) effluent regulations. 2.2.3 Laguna n adr e Wastewater Treatment Pleat (LMWWTP) The Laguna Madre Wastewater Treatment Plant (LMWWTP) serves the entire Flour Bluff peninsula (approximately 7,335 acres) with the exception of the Naval Air Station. Refer to Exhibit 1— Service Area Map for a graphical depiction of the service area. It is one of the smaller plants operated by the City and is located on the east end of Jester Street, adjacent to the Philip Dimitt Municipal Fishing Pier. The LMWWTP has a current allocation of 8 staff, operates as an activated sludge process and discharges into the Laguna Madre. The plant is currently treating an ADF of 2.1 MGD and although it is permitted for 20 mg /L BOD5 and 20 mg /L TSS, it consistently achieves effluent quality of 3 mg /L and 5mg /L, respectively. This ADF flow represents approximately 70% of the plant's ADF design capacity and ADF flows are anticipated to peak out at approximately 7.5 MGD as the service area approaches full build -out. The plant was originally constructed in 1971 and was expanded to its current 3.0 MGD average daily and 9.0 MGD peak 2 -hour capacities in 1986. The LMWWTP produces an effluent quality that is in compliance with TCE(Xs Type II Reclaimed Water ( §210.32) regulations and 300,000 to 500,000 gallons are pumped to the Naval Air Station each day for irrigation of their golf course. 2.2.4 Greenwood Wastewater Treatment Plant (O T The Greenwood Wastewater Treatment Plant (GWWTP) is located at the intersection of Saratoga Boulevard and Greenwood Drive and serves approximately 6,000 acres on the City's Westside, including Page 6 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation the International Airport. Refer to Exhibit 1 — Service Area Map for a graphical depiction of the service area. The plant was originally constructed in 1959 and was most recently expanded in 2000 to provide increased ADF capacity of 8.0 MGD. The plant is a conventional activated sludge process with anaerobic digestion. The GWWTP discharges effluent into Oso Creek and currently operates on the most stringent permit of all plants owned by the City. The plant is currently treating an ADF of 5.8 MGD and is permitted for 10 mg /L BOD5, 15 mg /L TSS, and 3 mg /L Ammonia. This ADF flow represents approximately 73% of the plant's ADF design capacity. .3 Wastewater Department Business I The Wastewater Department's Business Plan for FY 2012 -2013 was approved on August 1, 2012. The plan outlines the department's mission elements, goals, strategies, and individual tasks for the current fiscal year while also laying out a management framework for the next 3 to 5 years. When considering the viability of a potential project, it is imperative that the project scope and intent are aligned with the goals and strategies of the adopted business plan. The proposed Oso WRP Phase 2 work addresses the following mission elements: • Mission Element #2 —Treat Wastewater o Goal — Operate and upgrade wastewater treatment plant facilities to meet regulatory requirements. • Strategy 1— Meet or exceed TCEQ & EPA regulated effluent quality limits • Strategy 3 - Implement effective plant asset management strategies • Mission Element #4 — Plan and develop expansion to the wastewater utility ■ Strategy 2 — Improvements and anticipated regulatory requirements for plant re- rating The alternatives considered in this cost /benefit evaluation are described in detail below. 3.1 Oso WRP Phase 2 Improvements The team conducted a workshop with City staff to identify the goals and objectives of the Oso WRP Phase 2 improvements. These goals were based on the City's current operation experience and issues and considered the current regulatory climate with impending more stringent permitting implications. The goals and objectives are shown below: • Maintain regulatory compliance • Provide for biological ammonia and total nitrogen removal • Provide accommodations for implementing future phosphorus removal • Provide for Coliform and Enterococci removal and /or inactivation • Re -rate the average daily flow capacity to meet anticipated future flows Page 7 of 16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation • Maintain peak hour flow capacity of 98 MGD • Improve process automation and monitoring • Reduce process and maintenance costs • Reduce process odors • Provide operational and maintenance flexibility The Phase 2 improvements proposed to meet the goals and objectives described above are described in detail in TM -6 and consist of the following elements as shown in Figure 1: • Site Development & Yard Piping — additional cut /fill as needed for the final plant layout, paving, grading, access roadways, and drainage improvements. Includes site landscaping, on -site miscellaneous yard piping, interconnecting process piping, tie -ins to existing and proposed treatment facilities and coordination with Oso WRP's existing hydraulic profile • New Influent Pump Station —80 MGD capacity, depending upon the results of the evaluation to either eliminate Lift Station No. 1 or consolidate Lift Stations No. 1 and No. 2 into a single submersible style station with dual wet wells; the influent pump station will include a building, flow measurement, pump hoisting system, and automated controls • New Headworks — mechanical bar screens with associated washers /compactors for the screenings, vortex grit removal with grit pumps and classifiers, and flow splitting • New Odor Control System — odor control system to serve both the new influent pump station and headworks • New Process Train No. 3 Aeration Basin — approximately 3 MG volume, anoxic and aerobic (oxic) zones, provisions to biologically remove phosphorus in the future, anoxic zone submersible mixers, fine bubble diffused aeration system, internal basin mixed liquor return (MLR) pumps and piping, return activated sludge piping, upgrades to the process air system (blowers & piping), and flow splitter structure • New Process Train No. 4 Aeration Basin — approximately 3 MG volume, anoxic and aerobic (oxic) zones, provisions to biologically remove phosphorus in the future, anoxic zone submersible mixers, fine bubble diffused aeration system, MLR pumps and piping, return activated sludge piping, upgrades to the process air system (blowers & piping), and flow splitter structure • Reconfigure Existing Process Train No. 1 & No. 2 (East and West) Aeration Basins — install new baffle walls to create anoxic zones, submersible mixers, fine bubble diffused aeration, diffused air piping, upgrades to the process air system, mixed liquor return (MLR) pumps and piping, walkways /catwalks, and return activated sludge piping • Upgrade Disinfection System — new chlorine solution pumping system, baffles, mixing, chlorine contact chamber mechanical internals • Electrical System Upgrades — overall site electrical for new process facilities, instrumentation and controls, two new electrical control rooms (ECR), four (4) new standby electrical generators, relocation of two (2) existing generators, and area lighting • SCADA System — new plant -wide supervisory control and data acquisition (SCADA) system to monitor and control all new plant processes Page 8of16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation • Site and Civil Design — new yard piping to connect new process units, paving and grading, and landscape architectural elements • Maintenance Building — new facility with maintenance bays, shop, parts storage, storage, offices, restrooms, locker rooms, and training room • Condition Assessment of Existing Facilities — evaluate the condition, capacity, and treatment reliability of the existing facilities that will remain in service after the Phase 2 improvements are complete. Any additional design tasks associated with items identified in the condition assessment to be rehabilitated or replaced are not included in this scope and fee proposal, including the effluent outfall facilities, administration building, belt press building, digesters, and clarifiers. • Laguna Madre WWTP Decommissioning & Transfer Station — overall decommissioning and demolition of the entire treatment plant, 17.5 MGD lift station and force main to transfer wastewater flows from the LMWWTP service area to the Oso WRP, and effluent force main to transfer effluent from the Oso WRP back to the LMWWTP effluent line supplying the NASCC. THE LMWWTP IMPROVEMENTS ARE NOT CURRENTLY INCLUDED IN TM -6. Figure 2m Phase 2 Improvements Page 9 of 16 April 15, 2013 TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation A significant portion of the existing Oso plant and its associated treatment equipment is 30 to 60 years old and has exceeded its intended /useful service life. Although normal maintenance has kept the plant in operation, the condition of certain treatment equipment is at a high risk for potential failure and must be replaced. Any failures in the plant equipment or process can result in unauthorized discharges (upstream or downstream of the plant) which can potentially create a health /safety concern and are subject to enforcement action by the Texas Commission on Environmental Quality (TCEQ). This equipment must be budgeted for replacement or repair since they represent significant capital expenditures. These expenditures obviously impact the City's budget so the cost estimates for this option will include this rehabilitation /replacement work. Depending on the size /scope of the replacement project, some of the equipment and treatment unit replacement will be shown as a capital cost and some will be included in the operational and maintenance (O &M) budget for the plant. Based on proposed growth trends in the Oso WRP basin, the City will need to increase treatment capacity in the very near term at either Oso WRP or GWWTP. Both service areas share a common boundary. If Phase 2 upgrades are not implemented at Oso WRP, the City will have to begin construction on a Greenwood WWTP expansion project to increase its capacity by at least 4 MGD within the next 5 -10 years. This project will allow flows from the Oso service area to be diverted to the Greenwood plant which will provide sufficient capacity buffer in accordance with TCEQ's 75/90 rule. This also provides the secondary benefit of allowing the City to temporarily take a single train out of service for greatly needed aeration basin maintenance such as grit removal and air system rehabilitation. One last consideration is that the plant will be incapable of producing effluent in compliance with any future permits containing a limit on Total Nitrogen (TN). As described in TM -6, it is anticipated that TCEQ will include anew TN limit in the next 1 -2 renewals (2 — 7 years). Although very difficult to accurately predict, any enforcement action resulting from non - compliance will include significant monetary fines /penalties typically ranging from $1,000 to $10,000 per day per violation. Page 10 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation Summary of Advantages/Disadvantages Phase 2 Improvements Not Implementing Phase 2 Improvements • Reduced nutrient transport into Oso Bay • Significant reduction in chemical costs • Significant reduction in electrical costs with higher efficiency air system • Typical staffing requirements • Provides redundant treatment trains for operations &maintenance flexibility • Increased AN capacity to 24 MGD • Delays need for GWWTP Expansion • Eliminated need for LMWWTP Upgrades • Less complex treatment process with less operational risk • Increased influent pumping capacity resulting in decreased SSOs. Standby pumps no longer needed. • Replaces vintage equipment exceeding design life • Improved automation and monitoring system • Improved odor control • Provides accommodations for implementing future Total Phosphorus removal • Improved neighbor to TAMU -CC Athletic complex & surrounding community with new facility • Reduces permitting risk for City by eliminating a treatment facility (LMWWTP) • Temporarily delays major capital costs at GWWTP & LMWWTP TM 9 —Oso WRP Phase 2 Cost /Benefit Evaluation • Significant capital investment required • Requires considerable coordination effort during construction with plant operations • Increased chemical costs • Complex treatment process with increased operational risks • Existing process not approved by TCEQ for nutrient removal • Potentially positions City "behind the curve" in regards to impending new permit requirements • Requires major facility upgrades at Greenwood WWTP which operates on most stringent permit • Provides no flexibility for maintaining aeration basins at Oso WRP • Inefficient air system with high energy costs • Continued high maintenance required on vintage equipment Page 11 of 16 April 15, 2013 Project Cost Estimates The goal of this study was to develop life -cycle cost estimates with as much confidence as possible given the state of the conceptual design. Life cycle costs represent the total cost incurred over the life span of a project, including design, construction, and operation and maintenance costs. All cost estimates in this study are shown in 2013 dollars and are broken into multiple components such as capital construction, construction contingency, administrative items, engineering design, and O &M costs. 2013 Dollars are the values as they are observed in the market at the time these estimates were prepared. Capital Construction Costs are the expenditures required to construct an infrastructure project. All capital construction costs are developed based on recent and historical data on wastewater construction projects in the region. Each construction sub -total includes a 30% construction contingency. The contingency is the amount added to a cost estimate to cover costs associated with unknowns, unforeseen circumstances, or unanticipated conditions which are impossible to evaluate due to the limited amount of information available at the time the estimate is prepared. Each construction estimate includes an allowance for administrative costs including engineering design, topographic survey, contract administration, in -house engineering services, construction inspection, testing, bonds and insurance, and miscellaneous printing. Operation and maintenance (O &M) costs are post- construction and begin at the end of the projects first year in service. O &M costs comprise all expenditures necessary to ensure continued operation and effectiveness of the facility and include normal maintenance or repairs, labor, electricity, chemicals, replacement of parts, and regular preventative maintenance. O &M costs are estimated on an annual basis over the design life of a project (20 years for this evaluation). In order to accurately quantify anticipated future costs, it is critical that all expenses be converted to their present value. Present value represents the amount of money, which, if invested in the current year, would be sufficient to cover all the costs over time associated with a project. The present value of a future cost is calculated using an assumed discount rate. The discount rate is the assumed interest rate used in calculating the present value of expected future costs and in this study is assumed to be 5 %. Inflation was estimated at 3% per year. Page 12 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation Table 4-1: Construction Cost Summary Table Item Capital Project Cost Construction Cost (Includes Admin) East Plant Retrofit $5,585,000 $6,865,000 West Plant Retrofit $5,585,000 $6,865,000 New East Process Train No. 3 $11,245,000 $13,815,000 Aeration Basins $1,300,000 $1,600,000 New West Process Train No. $10,545,000 $12,955,000 4 Aeration Basins $980,000 $1,210,000 Influent Pump Station $9,910,000 $12,180,000 Headworks $9,734,000 $11,964,000 Maintenance Bldg $1,158,000 $1,428,000 Disinfection Sys. & Chlorine $1,300,000 $1,570,000 Basins Equip Replacement $9,910,000 $12,170,000 Digester Mech Equip $975,000 $1,175,000 Replacement $27,000,000 $33,160,000 LMWWTP Decommissioning $24,932,000 $30,622,000 & Transfer $105,030,000 $128,990,000 TOTAL $80,969,000 $99,439,000 The total construction costs associated with not implementing Phase 2 are $105,030,000 and have a total project cost of $128,990,000. Table 4-2 summarizes these costs. Table 4-2: Not Implementing Phase 2 Construction Cost Summary Table Item Capital Project Cost Construction Cost (includes Admin) Greenwood WWTP Expansion $41,600,000 $51,090,000 Disinfection Sys. Mod.& Chlorine Basin Mech Equip. $1,300,000 $1,600,000 Replacement Digester No 2,3 & 4 Mech $980,000 $1,210,000 Equip Replacement Aeration Basin Rehabilitation including grit removal & $14,530,000 $17,850,000 diffuser replacement Influent Lift Station $9,910,000 $12,170,000 Headworks $9,730,000 $11,950,000 Laguna Madre WWTP $27,000,000 $33,160,000 Upgrades (Req 10 Yrs) TOTAL $105,030,000 $128,990,000 Page 13m16 nwy - omwxpphu*zcost/oeoefitammatmo 5.2 O&M Casts The evaluation of C &M costs involves a number of assumptions as shown in Table 4 -3. Table 4 -3m Operation & Maintenance Cost Assumptions PARAMETER VALUE Labor Cost per employee per year (includes overhead) $65,000 Electrical Cost ($ /KWH) $0.08 Sodium Hypochlorite $/ al $0.60 Sodium Hydroxide ($ /gal) $0.20 Sodium Bisulfite ($ /gal) $3.84 Increased Maintenance /Repair Costs @ Oso on Vintage Equipment if not Replaced (as a % of Existing) 50% $150,000 Evaluation Period (Years) 20 Assumed Discount Rate 5% Assumed Inflation Rate 3% The Wastewater Department's adopted budget for the operation of Clso WRP for the current fiscal year (2012 -2013) is shown in column 2 of Table 4 -4. The budget must be increased approximately 30% this coming year (shown in column 3) as the Breakpoint Chlorination facility is placed in service. The BPC process is very complex and will require substantial monitoring while in service. It has been assumed that the City will need to add five (5) additional staff to monitor and operate the facility. The step feed pumps will be in operation 24/7 and will increase power usage at the plant. The BPC process involves removing all ammonia by the addition of chemical (sodium hypochlorite). As a result, the sodium hypochlorite usage will increase approximately 800% (approximately $1.9M per year). It was noted in previous memos that the BPC reaction occurs most efficiently within a desired pH range. This range will be controlled by dosing sodium hydroxide and is estimated to cost about $50,000 per year. The fourth column illustrates the estimated C &M costs for the plant once the Phase 2 improvements are implemented and are the result of a less complex, more efficient biological nutrient removal process along with more reliable treatment equipment. The Phase 2 improvements are expected to reduce C &M approximately $3.7 million per year which has a present value of $59.4 million. Page 14 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation Table 4 -4m Oso WRP O&M Costs Summary Table 4 -5 shows the Wastewater Department's adopted budget for the Laguna Madre WWTP for the current fiscal year (2012 -2013) along with how the O &M costs are impacted once Phase 2 is implemented and the LMWWTP is decommissioned. Although the plant will no longer be in service, it is being replaced by a lift station planned for 7.5 MGD average and 17.5 MGD peak flows with 135HP pumps. Once the LMWWTP is decommissioned, the O &M will be reduced approximately $1.1 million per year which has a present value of $17.4 million. Table 4 -5m Laguna Madre WWTP O&M Costs Summary 2012-2013 PHASE 1 PHASE 2 REDUCED CURRENT BUDGET CURRENT IMPROVEMENTS IMPROVEMENTS O&M COMPONENT BUDGET ESTIMATED ' ESTIMATED COSTS ANNUAL ANNUAL COSTS ANNUAL COSTS (PHI to Electrical /Power COSTS $70,578 $104,422 PH2) Labor $995,000 $1,320,000 $995,000 $325,000 Electrical /Power $1,685,000 $1,770,000 $926,750 $843,250 Chemicals $700,000 $2,700,000 $450,000 $2,250,000 Maintenance & Repairs $300,000 $450,000 $150,000 $300,000 All Other Items $1,563,885 $1,563,885 $1,563,885 $0 TOTAL ANNUAL O &M COSTS $5,243,885 $7,803,885 $4,085,635 $3,718,250 Present Value of O &M (20 Years) $124,590,000 $65,230,000 $59,360,000 Table 4 -5 shows the Wastewater Department's adopted budget for the Laguna Madre WWTP for the current fiscal year (2012 -2013) along with how the O &M costs are impacted once Phase 2 is implemented and the LMWWTP is decommissioned. Although the plant will no longer be in service, it is being replaced by a lift station planned for 7.5 MGD average and 17.5 MGD peak flows with 135HP pumps. Once the LMWWTP is decommissioned, the O &M will be reduced approximately $1.1 million per year which has a present value of $17.4 million. Table 4 -5m Laguna Madre WWTP O&M Costs Summary 5.3 Other Costs It is understood that without the Phase 2 Improvements, the Oso WRP is incapable of meeting the TN requirement anticipated to be adopted by TCEQ in future permits. Although very difficult to accurately estimate the legal fees and regulatory fines associated with permit non - compliance, it is likely that TCEQ will levy heavy fines ranging from $1,000 to $10,000 per day per violation. Table 4 -6 represents a theoretical scenario of one violation per day at $3,000 per violation which represents an annual cost of $1.1 million (present value of $17.5 million). This cost component is not currently factored into the Page 15 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation 2012 -2013 PHASE 2 COMPONENT CURRENT BUDGET IMPROVEMENTS REDUCED O &M' ANNUAL ESTIMATED COSTS COSTS ANNUAL COSTS Labor $422,000 $0 $422,000 Electrical /Power $175,000 $70,578 $104,422 Chemicals $117,000 $0 $117,000 Maintenance & Repairs $75,000 $5,000 $70,000 All Other Items $373,880 $0 $373,880 TOTAL ANNUAL O &M COSTS $1,162,880 $75,578 $1,087,302 Present Value of O &M {20 Years) $18,570,000 $1,210,000 $17,360,000 5.3 Other Costs It is understood that without the Phase 2 Improvements, the Oso WRP is incapable of meeting the TN requirement anticipated to be adopted by TCEQ in future permits. Although very difficult to accurately estimate the legal fees and regulatory fines associated with permit non - compliance, it is likely that TCEQ will levy heavy fines ranging from $1,000 to $10,000 per day per violation. Table 4 -6 represents a theoretical scenario of one violation per day at $3,000 per violation which represents an annual cost of $1.1 million (present value of $17.5 million). This cost component is not currently factored into the Page 15 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation present value costs for either alternative but is provided to show the potential magnitude of fines for non - compliance. Table 4 -m Estimated elatry Fines Total Nelda Casts Table 4 -7 summarizes the total present values of both alternatives and shows that the Phase 2 Improvements save the City approximately $106 million over the next 20 years. Table 4 -7m Present Value Cost Summary ALTERNATIVE ESTIMATED COMPONENT ANNUAL COST Possible Regulatory Fines (20 Years) (Range from $1 -1 OK per day per $1,095,000 violation, Assume $3K/day) $165,879,000 Present Value (20 Years) $17,490,000 Total Nelda Casts Table 4 -7 summarizes the total present values of both alternatives and shows that the Phase 2 Improvements save the City approximately $106 million over the next 20 years. Table 4 -7m Present Value Cost Summary ALTERNATIVE PROJECT O &M COSTS LIPECYCLE COSTS COSTS' (Present Value) (20 Years) Phase 2 Improvements $99,439,000 $66,440,000 $165,879,000 Not Implementing Phase 2 Improvements $128,990,000 $143,160,000 $272,150,000 PRESENT VALUE SAVINGS $29!,551,000 $76,720,040 $106,271,000 The purpose of this memorandum was to provide background information of the Oso WRP Nutrient Removal (Ammonia) project, summarize its advantages and disadvantages, and show the economic financial impacts of implementing these improvements. Ultimately, with the impending additional permitting requirements in upcoming TPDES renewals, the growth in the Southside, and the age of the plant, there is not a realistic "do nothing" option. Major facility upgrades will be required involving significant capital investment. If the recommendations identified in this memo are executed, the estimated savings to the City is $106 million over the next 20 years. Page 16 of 16 April 15, 2013 TM 9 — Oso WRP Phase 2 Cost /Benefit Evaluation 044 00 ssW \ N 00 L6 Ll LLI s55 d LLI00 \ G 2 ry 0 o ca Q Llz jz > w N >— C W o �— , C d U `Z cO 044 00 ssW \ N 00 L6 Ll LLI s55 d LLI00 \ G 2 ry LNV In association with: Jacobs Engineering Group engineers architects I contractors Joshua Brown, P.E. ECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ECT NO: E09007 DATE: March 20, 2013 BY: JB &LB &JH 1 East Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 2 West Plant Retrofit 1 LS $ 5,585,000 $ 5,585,000 3 New East Process Train No. 3 1 LS $ 11,245,000 $ 11,245,000 4 New West Process Train No. 4 1 LS $ 10,545,000 $ 10,545,000 5 Influent Pump Station 1 LS $ 9,910,000 $ 9,910,000 6 Headworks 1 LS $ 9,734,000 $ 9,734,000 7 Maintenance Building 1 LS $ 1,158,000 $ 1,158,000 8 Disinfection System Modifications & Chlorine Contact Basin Mech Equip. Replacement 4 EA $ 325,000 $ 1,300,000 9 Digester No 2,3 & 4 Mech Equip Replacement 3 EA $ 325,000 $ 975,000 10 LMWWTP DecommissioninQ & Transfers 1 LS $ 24,932,000 $ 24,932,000 CONSTRUCTION SUB TOTAL (2013 $) $ 80,969,000 DESIGN - BASIC SERVICE 8.0% $ 6,478,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 1,620,000 TOPOGRAPHIC SURVEY 0.3% $ 243,000 CONTRACT ADMINISTRATION 3.0% $ 2,430,000 ENGINEERING SERVICES 3.5% $ 2,834,000 CONSTRUCTION INSPECTION 3.5% $ 2,834,000 TESTING 1.0% $ 810,000 BOND INSURANCE 1.0% $ 810,000 MISC. PRINTING, ETC 0.5% $ 405,000 ADMINISTRATIVE SUB TOTAL $ 18,470,000 CONSTRUCTION TOTAL (2016 $) Note 1 $88,478, PROJECT TOTAL (2016 $)Note 1 $106,948,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. 2. Items not included in the estimate are any structures or equipment identified during the condition assessment as requiring upgrades, rehabilitation, or replacement including but not limited to the outfall facilities, administration building, belt press building, digesters, clarifiers and /or yard piping. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 1 of 10 CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 2 of 10 CONSTRUCTION SUB TOTAL (2013 $) $ 5,585,000 DESIGN - BASIC SERVICE 8.0% $ 447,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 112,000 TOPOGRAPHIC SURVEY 0.3% $ 17,000 CONTRACT ADMINISTRATION 3.0% $ 168,000 ENGINEERING SERVICES 3.5% $ 196,000 CONSTRUCTION INSPECTION 3.5% $ 196,000 TESTING 1.0% $ 56,000 BOND INSURANCE 1.0% $ 56,000 MISC. PRINTING, ETC 0.5% $ 28,000 ADMINISTRATIVE SUB TOTAL $ 1,280,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 3 of 10 LNV In association with: Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed East Aeration Basin (Train 3) DATE: March 20, 2013 BY: WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 420,000 $ 420,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 New splitter box with gates 1 LS $ 350,000 $ 350,000 4 Isolation Structures (Clarifier & RAS) 2 EA $ 100,000 $ 200,000 5 Excavation/ fill/ disposal 20000 CY $ 30 $ 600,000 6 Dewatering 1 LS $ 250,000 $ 250,000 7 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 8 Yard &Air piping modifications 1 LS $ 1,100,000 $ 1,100,000 9 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 10 Diffusers 1 LS $ 525,000 $ 525,000 11 Air piping (automated valves) 1 LS $ 450,000 $ 450,000 12 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 13 Walkways, Safety Rails 1 LS $ 250,000 $ 250,000 14 Electrical and Instrumentation 1 LS $ 1,250,000 $ 1,250,000 CONSTRUCTION SUB TOTAL (2013 $) $ 11,245,000 DESIGN - BASIC SERVICE 8.0% $ 900,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 225,000 TOPOGRAPHIC SURVEY 0.3% $ 34,000 CONTRACT ADMINISTRATION 3.0% $ 338,000 ENGINEERING SERVICES 3.5% $ 394,000 CONSTRUCTION INSPECTION 3.5% $ 394,000 TESTING 1.0% $ 113,000 BOND INSURANCE 1.0% $ 113,000 MISC. PRINTING, ETC 0.5% $ 57,000 ADMINISTRATIVE SUB TOTAL $ 2,570,000 "" ,. " " " " "" --------- NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 4 of 10 LNVIn association with Jacobs Engineering Group engineers I architects I contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO E09007 DESCRIPTION: Proposed West Aeration Basin (Train 4) DATE: March 20, 2013 BY WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 330,000 $ 330,000 2 Utility relocation 1 LS $ 200,000 $ 200,000 3 Isolation Structures (Clarifier & RAS) 2 EA $ 100,000 $ 200,000 4 Excavation/ fill /disposal 20000 CY $ 30 $ 600,000 5 Dewaterin 1 LS $ 250,000 $ 250,000 6 New aeration basin concrete structure 1 LS $ 1,600,000 $ 1,600,000 7 Yard & Air piping modifications 1 LS $ 900,000 $ 900,000 8 Mixers, MLR pump, WAS pump 1 LS $ 700,000 $ 700,000 9 Diffusers 1 LS $ 525,000 $ 525,000 10 Air piping (automated valves 1 LS $ 450,000 $ 450,000 11 Blower Upgrades & Replacement 1 LS $ 750,000 $ 750,000 12 Walkways & Safety Rails 1 LS $ 250,000 $ 250,000 14 lElectrical and Instrumentation 1 LS $ 1,350,000 $ 1,350,000 CONSTRUCTION SUB TOTAL (2013 $) $ 10,545,000 DESIGN - BASIC SERVICE 8.0% $ 844,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 211,000 TOPOGRAPHIC SURVEY 0.3% $ 32,000 CONTRACT ADMINISTRATION 3.0% $ 317,000 ENGINEERING SERVICES 3.5% $ 370,000 CONSTRUCTION INSPECTION 3.5% $ 370,000 TESTING 1.0% $ 106,000 BOND INSURANCE 1.0% $ 106,000 MISC. PRINTING, ETC 0.5% $ 53,000 ADMINISTRATIVE SUB TOTAL $ 2,410,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 5 of 10 LNV In association with: Jacobs Engineering Group engineers I architects l contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed Influent Lift Station DATE: March 20, 2013 BY: WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 370,000 $ 370,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation 1 LS $ 500,000 $ 500,000 4 Dewatering 1 LS $ 150,000 $ 150,000 5 New 60" Inlet Piping 500 LF $ 1,000 $ 500,000 6 Lift Station Dual Wet Well 1 LS $ 750,000 $ 750,000 7 Submersible Influent Pumps 8 EA $ 150,000 $ 1,200,000 8 Lift Station Building 1500 SF $ 300 $ 450,000 9 Yard piping & Fittings 1 LS $ 500,000 $ 500,000 10 Flow Metering 1 EA $ 200,000 $ 200,000 11 Pump Hoist & Lifting System 1 LS $ 150,000 $ 150,000 12 Demolition & Decommissioning of LS1 & LS2 1 LS $ 150,000 $ 150,000 13 Electrical, Instrumentation & Programming 1 LS $ 2,400,000 $ 2,400,000 CONSTRUCTION SUB TOTAL (2013 $) $ 9,910,000 DESIGN - BASIC SERVICE 8.0% $ 793,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 199,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 298,000 ENGINEERING SERVICES 3.5% $ 347,000 CONSTRUCTION INSPECTION 3.5% $ 347,000 TESTING 1.0% $ 100,000 BOND INSURANCE 1.0% $ 100,000 MISC. PRINTING, ETC 0.5% $ 50,000 ADMINISTRATIVE SUB TOTAL $ 2,270,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 6 of 10 LNV In association with: Jacobs Engineering Group engineers I architects l contractors Joshua Brown, P.E. PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements PROJECT NO: E09007 DESCRIPTION: Proposed Headworks Structure DATE: March 20, 2013 BY: WLB & BHE & JH PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 360,000 $ 360,000 2 Sludge removal and disposal 1 LS $ 150,000 $ 150,000 3 Demolition (Removal of buried post thickeners and Existing Headworks facility) 1 LS $ 350,000 $ 350,000 4 Pier Foundation - (54) 36" dia piers @ 50' Depth) 2700 VF $ 120 $ 324,000 5 Utility Relocation 1 LS $ 100,000 $ 100,000 6 Excavation 1 LS $ 50,000 $ 50,000 7 Modifications to Existing Lift Station Force Mains 500 LF $ 500 $ 250,000 8 Bar Screen Channel Concrete Structure 1 LS $ 500,000 $ 500,000 9 Grit Basin Concrete Structure 1 LS $ 750,000 $ 750,000 10 Bar screens, Compactors, Gates 1 LS $ 1,500,000 $ 1,500,000 11 Vortex Grit Equipment 4 EA $ 400,000 $ 1,600,000 12 Miscellaneous Piping 1 LS $ 300,000 $ 300,000 13 lElectrical and Instrumentation 1 LS $ 500,000 $ 500,000 14 10dor Control FacilitX Im rovements 1 LS $ 750,000 $ 750,000 CONSTRUCTION SUB TOTAL (2013 $) $ 9,734,000 DESIGN - BASIC SERVICE 8.0% $ 779,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 195,000 TOPOGRAPHIC SURVEY 0.3% $ 30,000 CONTRACT ADMINISTRATION 3.0% $ 293,000 ENGINEERING SERVICES 3.5% $ 341,000 CONSTRUCTION INSPECTION 3.5% $ 341,000 TESTING 1.0% $ 98,000 BOND INSURANCE 1.0% $ 98,000 MISC. PRINTING, ETC 0.5% $ 49,000 ADMINISTRATIVE SUB TOTAL $ 2,230,000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 7 of 10 LNV In association with: Jacobs Engineering Group engineers I architects l contractors Joshua Brown, P.E. ROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ROJECT NO: E09007 ESCRIPTION: Maintenance Building DATE: March 20, 2013 BY: WLB & BHE & JH 1 Mobilization 1 LS $ 43,000 $ 43,000 2 Site Clearing & Preparation 1 LS $ 20,000 $ 20,000 3 Metal Building & Foundation (3000 SF) 3000 SF $ 200 $ 600,000 4 Utility Relocation 1 LS $ 25,000 $ 25,000 5 Plumbing & HVAC 1 LS $ 150,000 $ 150,000 6 Electrical Improvements 1 LS $ 50,000 $ 50,000 11 CONSTRUCTION SUB TOTAL (2013 $) $ 1,158,000 11 DESIGN - BASIC SERVICE 8.0% $ 93,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 24,000 TOPOGRAPHIC SURVEY 0.3% $ 4,000 CONTRACT ADMINISTRATION 3.0% $ 35,000 ENGINEERING SERVICES 3.5% $ 41,000 CONSTRUCTION INSPECTION 3.5% $ 41,000 TESTING 1.0% $ 12,000 BOND INSURANCE 1.0% $ 12,000 MISC. (PRINTING, ETC) (0.5 %) $ 6,000 11 ADMINISTRATIVE SUB TOTAL $ 270,0001 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 8 of 10 LNV engineers I architects j contractors PROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ,PROJECT NO E09001 DESCRIPTION: Laguna Madre WWTP Decommissiong, Transfer Lift Station & Wastewater /Effluent Force Mains DATE: March 20, 2013 BY WLB PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST 1 Mobilization 1 LS $ 920,000 $ 920,000 2 Utility Relocation Allowance 1 LS $ 300,000 $ 300,000 3 Excavation for Wet Well 1 LS $ 35,000 $ 35,000 4 Dewatering for Wet Well 1 LS $ 40,000 $ 40,000 5 New 36" Inlet Piping 100 LF $ 350 $ 35,000 6 Dual Concrete Wet Well 1 LS $ 150,000 $ 150,000 7 135 HP Submersible Influent Pumps 6 EA $ 80,000 $ 480,000 8 Lift Station Building 1000 SF $ 300 $ 300,000 9 LS Yard piping Modifications 1 LS $ 50,000 $ 50,000 10 Flow Metering 1 EA $ 125,000 $ 125,000 11 Pump Hoist & Lifting System 1 LS $ 125,000 $ 125,000 12 Demolition & Decommissioning of LMWWTP 1 LS $ 750,000 $ 750,000 13 Electrical, Instrumentation & Programming 1 LS $ 1,000,000 $ 1,000,000 14 Dual 20 -in Wastewater Force Main to Oso WRP 29300 LF $ 250 $ 7,325,000 15 Dual 20 -in Wastewater FM Installed across Oso Bay via HDD 4750 LF $ 490 $ 2,327,500 16 Dual 20 -in Wastewater FM across Shoreline Bridge 1700 LF $ 300 $ 510,000 17 12 -in Effluent Force Main to LMWWTP 29300 LF $ 85 $ 2,490,500 18 HDD Effluent FM installed across Oso Bay via 4750 LF $ 170 $ 807,500 19 12 -in Effluent FM across Shoreline Bridge 1700 LF $ 100 $ 170,000 21 Dewatering by Well Pointing for both FMs 29300 LF $ 25 $ 732,500 22 HMACP Pavement Repair (3300 LF) 2567 SY $ 60 $ 154,000 23 JAir Release Valve Manholes & Assembly 20 EA $ 9,000 $ 180,000 24 JGate Valves @ 4000' Spacing 30 EA $ 5,500 $ 165,000 CONSTRUCTION SUB TOTAL (2013 $) $ 24,932,000 DESIGN - BASIC SERVICE 8.0% $ 1,995,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 499,000 TOPOGRAPHIC SURVEY 0.3% $ 75,000 CONTRACT ADMINISTRATION 3.0% $ 748,000 ENGINEERING SERVICES 3.5% $ 873,000 CONSTRUCTION INSPECTION 3.5% $ 873,000 TESTING 1.0% $ 250,000 BOND INSURANCE 1.0% $ 250,000 MISC. PRINTING, ETC 0.5% $ 125,000 ADMINISTRATIVE SUB TOTAL $ 5,690,000 r NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIXA Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 9 of 10 LNV engineers architects I contractors ROJECT: Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements ROJECT NO E09007 ESCRIPTION: Not Implementing Phase 2 Improvements DATE: March 20, 2013 BY WLB 1 Greenwood WWTP Expansion to 12 MGD 1 LS $ 32,000,000 $ 32,000,000 TOPOGRAPHIC SURVEY 0.3% (Required in 5 -10 Yrs - Programmed in CIP) 316,000 CONTRACT ADMINISTRATION 3.0% $ 3,151,000 2 Disinfection System Modifications & Chlorine 4 EA $ 250,000 $ 1,000,000 TESTING 1.0% Contact Basin Mech Equip. Replacement 1,051,000 BOND INSURANCE 1.0% $ 1,051,000 3 Digester No 2,3 & 4 Mech Equip Replacement 3 EA $ 250,000 $ 750,000 4 East & West Plant Aeration Basin Rehabilitation 1 EA $ 11,170,000 $ 11,170,000 including grit removal & diffuser replacement 5 Influent Lift Station 1 LS $ 7,620,000 $ 7,620,000 6 IHeadworks 1 LS $ 71484,000 $ 7,484,000 7 Laguna Madre WWTP Upgrades I(Reauired 1 LS $ 20,765,000 $ 20,765,000 in ±10vrs - Proarammed in CIP) II CONSTRUCTION SUB TOTAL (2013 $) $ 105.030.000 II DESIGN - BASIC SERVICE 8.0% $ 8,403,000 ENGINEERING - ADDITIONAL SERVICES 2.0% $ 2,101,000 TOPOGRAPHIC SURVEY 0.3% $ 316,000 CONTRACT ADMINISTRATION 3.0% $ 3,151,000 ENGINEERING SERVICES 3.5% $ 3,677,000 CONSTRUCTION INSPECTION 3.5% $ 3,677,000 TESTING 1.0% $ 1,051,000 BOND INSURANCE 1.0% $ 1,051,000 MISC. PRINTING, ETC 0.5% $ 526,000 ADMINISTRATIVE SUB TOTAL $ 23.960.000 NOTES: 1. Preliminary construction prices are based on recent and historical data on local projects in Corpus Christi and costs should be escalated 3% per yr to the midpoint of construction in 2013 dollars. APPENDIX A Oso WRP Nutrient Removal Project (Ammonia) - Phase 2 Improvements Preliminary Estimate of Probable Cost LNV Project No. 100140 Page 10 of 10 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 11, 2013 852 Second Reading Ordinance for the City Council Meeting of June 18, 2013 DATE: May 29, 2013 TO: Ronald L. Olson, City Manager FROM: Arlena Sones, City Auditor ArlenaS @cctexas.com 826 -3659 Approval of FY2014 Annual Audit Plan CAPTION: Ordinance to approve the Annual Audit Plan for FY 2013 -2014 PURPOSE: To obtain approval of the Fiscal Year 2014 Annual Audit Plan by City Council in accordance with the Code of Ordinance Chapter 12 Y2 City Auditor. BACKGROUND AND FINDINGS: On November 2, 2010, voters approved an amendment to the City Charter adding the position of City Auditor who shall be appointed by and report to the City Council. Article II, Section 29 (b) of the City Charter provides that the City Auditor shall report to the City Council and have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. On July 20, 2011, City Council approved an amendment to the City Code of Ordinance adding Chapter 12 Y2 City Auditor. On November 15, 2011, Chapter 12 Y2 City Auditor Ordinance was amended to establish a Council Audit Committee. Chapter 12 Y2 Section 2 (h) (1) of the City Code of Ordinance provides that no less than thirty (30) days prior to the beginning of each fiscal year the City Auditor shall submit an annual audit plan to the City Council through the Council Audit Committee for review and comment. In conformance, the City Auditor is presenting the Fiscal Year 2014 Annual Audit Plan for City Council approval, which has been presented to and approved by the Council Audit Committee on June 04, 2013. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 Y2 City Auditor EMERGENCY / NON - EMERGENCY: Non - Emergency two readings DEPARTMENTAL CLEARANCES: Council Audit Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Exhibit A — Ordinance to approve the Annual Audit Plan for FY 2013 -2014 Ordinance to approve the Annual Audit Plan for FY 2013 -2014 Whereas, Section 12'/ - 2 (h)(1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each fiscal year, the City Auditor shall submit an Annual Audit Plan to the Council Audit Committee for review and comment, after which the plan is to be forwarded to City Council for review and final approval; Whereas, Section 12'/ - 2 (h) (1) of the City Code of Ordinances provides that the plan shall identify each audit to be conducted in terms of the department, organization, service, program, function or policy to be audited and audit objectives to be addressed; Whereas, the Council Audit Committee reviewed and approved the FY 2013 -2014 Annual Audit Plan at its meeting on June 4, 2013; Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Council has reviewed and does approve the Annual Audit Plan for FY 2013 -2014, copy attached as Exhibit A. City of Corpus Christi City Auditor's Office C� H Ili Proposed Annual Audit Plan Fiscal Year 2014 City Auditor's Office June 4, 2013 To: Honorable Mayor and Council Members Subject: Proposed Annual Audit Plan Fiscal Year 2014 In accordance with Corpus Christi Code of Ordinance, Chapter 12 1/2, Section 2 (h)1, I am pleased to present the Annual Audit Plan (the plan) for Fiscal Year (FY) 2014. Section 2 requires the City Auditor to submit the plan to the Council Audit Committee for review and comment thirty (30) days prior to the beginning of each fiscal year. The FY 2014 plan incorporates input from City Council Members and information from a department -level risk assessment survey. The survey considered factors such as financial impact, internal and external environment changes, complexity, and prior issues. The City Auditor's Office used professional judgment to rank this input and develop auditable areas including preliminary audit objectives. This approach provides adequate audit coverage of City processes and programs in high -risk areas. Government auditing standards require that we provide independent, objective, fact -based assessments of the stewardship, performance and cost of policies, programs, and operations that we audit. Our work is a vital component of the City's effort to maintain citizens' trust and confidence in the effective, efficient and economic deployment of City resources. 2014 Audit Plan During FY 2013 the City Auditor's Office saw the resignation of the prior City Auditor and one of its two staff auditors. As a result, none of the FY 2013 audits have been initiated. Therefore, the majority of FY 2013 audit projects have been reclassified as FY 2014 audits. The FY 2014 plan includes 5 audits and 3 follow -up audits along with one audit carried over from FY 2012. The plan also includes staff hours for unannounced cash counts, investigations of fraud hotline tips, and special assignments approved by the Audit Committee. I look forward to assisting the Audit Committee and City Council in fulfilling their governance responsibilities to the citizens of Corpus Christi. Respectfully, Arlena Sones, CPA, CIA, CGAP City Auditor Proposed FY 2014 Audit Plan Item Project Department Audit Estimated No. No. & Audit Area Objectives Hours Determine if hotels /motels are properly Financial Services 1 AU14- Hotel /Motel collecting and remitting all occupancy taxes 885 001 owed to the City in compliance with Occupancy Tax * applicable regulations and guidelines. AU14- Financial Services Determine if adequate controls are in place 2 002 Warehouse* to manage inventories. 685 AU14- Municipal Court Determine if adequate controls are in place 3 003 Fee Collections* for the collections and billing of fees. 785 Determine if airport car rental AU14- Airport concessionaires and fixed based operators 4 004 Leases are properly reporting and remitting lease 785 amounts to the City. Determine if segregation of duties has been 5 AU14- MIS implemented in the new financial software 400 005 Financial Software systems. Financial Services Evaluate management implementation of 6 FU14 -001 Purchasing* prior audit recommendations. 100 Financial Services Evaluate management implementation of 7 FU14 -002 Utility Business Office 100 prior audit recommendations. & Field Operations* Financial Services Evaluate management implementation of 8 FU14 -003 Central Cashiering* prior audit recommendations. 100 Perform unannounced cash counts, investigate allegations of fraud, waste or 9 TBD Citywide 400 abuse, and conduct special assignments approved by audit committee. Total Estimated Hours 4,240 Estimated Remaining Audit Carryovers Hours AU12- Financial Services - Evaluate the adequacy of cash handling 1 003 Central Cashiering controls over receipts. 500 *This audit was originally scheduled for FY 2013; however, it will be re- classified as FY 2014. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor j ; ,4ir2 tt f .`4 st F ONES' Er y ,l ns �.•'ve z�,rsadr. r7� nc�;f 4 a � r a Fom lost a a a a a: a a; I U a a: a � a • a a. a a a♦` a a: - • a a: • a a■� a a a; • a; a. <� 2 }� a � `y\ � � � � ^: � � :��, � � � m§ ��� �` % 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: 06/18/2013 Agenda Item: Approval of the Annual Audit Plan for FY2013 Amount Required: $ 0.00. Fund Name Account No. Fund No. Org. No. Project No. Amount Total $ ® Certification Not Required Director of Financial Services Date: FAR • Y�t AGENDA MEMORANDUM First Reading Agenda Item for the City Council Meeting of June 11, 2013 Second Reading Agenda Item for the City Council Meeting of June 25, 2013 DATE: May 20, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services osterC cctexas.com (361) 826 -1801 Ordinance Setting Terms and Conditions for Recycled Water Service AGENDA CAPTION: Ordinance amending the Code of Ordinances by adding Article XIX, Recycled Water to Chapter 55 to provide for recycled water service, recycled water rates, recycled water delivery; providing for penalties; providing for severance; and providing for publication. PURPOSE: The purpose of this Agenda Item is to set terms and conditions for recycled water service including establishing a rate and monthly charge for usage. BACKGROUND AND FINDINGS: The City of Corpus Christi received authorization from the Texas Commission on Environmental Quality (TCEQ) for the use and delivery of recycled water. Type II reclaimed water is collected through a City -owned wastewater treatment plant and treated to a quality that meets or exceeds the TCEQ's requirements. This recycled water can only be used for certain limited irrigation and industrial purposes and is available to qualifying properties within the Recycled Water Delivery System. Users will be charged monthly at a rate of $1 per 1,000 gallons. ALTERNATIVES: 1. Approve the Ordinance to set terms and conditions for the usage of recycled water. 2. Do not approve the Ordinance to set terms and conditions for the usage of recycled water. K:\ ENGINEERING\ LEGISTAR\ 4 -JUNE 11 \RECYCLED WATER ORDINANCE \AGENDA MEMO- EFFLUENT RATE Oi\DI A1V CE.DOCX OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This Ordinance conforms to the City's Charter and complies with Chapter 210, Texas Administrative Code. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Wastewater FINANCIAL IMPACT: Not applicable Fiscal Year Project to Date Expenditures Current Year Future Years TOTALS 2012 -2013 (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable Comments: None RECOMMENDATION: It is recommended to approve the Ordinance setting the terms, conditions, and rate for recycled water service. LIST OF SUPPORTING DOCUMENTS: Ordinance K:\ ENGINEERING\ LEGISTAR\ 4 -JUNE 11 \RECYCLED WATER ORDINANCE \AGENDA MEMO- EFFLUENT RATE Oi\DI A1V CE.DOCA Ordinance amending the Code of Ordinances by adding Article XIX, Recycled Water to Chapter 55 to provide for recycled water service, recycled water rates, recycled water delivery; providing for penalties; providing for severance; and providing for publication. WHEREAS, water reuse is an important component of our region's future water supply; WHEREAS, the City of Corpus Christi has received authorization from the Texas Commission on Environmental Quality for the use and delivery of recycled water; WHEREAS, the City Council adopted the Corpus Christi Water Conservation Plan which recommends implementation of numerous best management practices, including water reuse; WHEREAS, City Council desires to adopt rates for recycled water service to be effective August 1, 2013; WHEREAS, the City has completed a cost -of- service study for recycled water to determine how much it costs to serve recycled water users; WHEREAS, the recycle water rate is intended to strive toward meeting the City's goals of providing incentives to encourage the use of recycled water; implementing the City's Water Conservation Plan recommendations to conserve water; and recovering from the recycled water user the costs to the City in order to provide recycled water to the recycled water user; and WHEREAS, staff has calculated a recycled water rate that is fair, reasonable, and uniform in accordance with applicable law; WHEREAS, with the start -up of the recycled water service rates anticipated in August 1, 2013, the City should adopt more specific terms and conditions and regulations for which recycled water may be provided to users within the City's recycled water service area as needed; Ordinance - Recycled Water Page 1 of 19 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code of Ordinances is amended to add a new article titled "Article XIX, Recycled Water" to Chapter 55 as follows: CHAPTER 55 UTILITIES ARTICLE XIX. RECYCLED WATER DIVISION 1. IN GENERAL Sec. 55 — 550. Purpose. The purpose of this Article is to define the terms and conditions for which recycled water may be provided to users within areas approved for recycled water use. Sec. 55 — 551. Definitions. In this Article: Approved Use means the use of recycled water as authorized by a recycled water agreement with the city. Approved Use Area means a site authorized by law and designated approved in a recycled water agreement to receive recycled water for an approved use. Chapter 210 refers to Chapter 210 of Title 30 of the Texas Administrative Code, titled "Use of Recycled Water," as amended. Cross Connection means any physical arrangement where a potable water supply is actually or potentially connected with any non - potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system, or any other assembly which contains, or may contain, contaminated water, domestic sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or Ordinance - Recycled Water Page 2 of 19 permanent assemblies through which, or because of which, backflow may occur are considered to be cross connections. Department refers to the City's Wastewater Department. Design Standard means a design criterion or standard issued or required by the City Engineer or the Texas Commission on Environmental Quality (TCEQ), or as provided under the City's Design Standards Manual, the City's Unified Development Code (UDC), or Chapter 210 of the Texas Administrative Code, as amended from time to time. Director means the City Manager or designee, the Director of the City's Wastewater Department. Delivery Main means a recycled water delivery main offsite that delivers recycled water to a user. A Delivery Main is constructed at the expense of the recycled water user and connects one or more users to a city delivery main of recycled water. Delivery Mains terminate at (1) the point of connection with a user's recycled water meter; and (2) the point of connection with the City's Delivery Mains. All Delivery Mains (including the recycled water meter connecting to a user's onsite recycled water main) accepted by the City become the property of the City at the time the City accepts the Delivery Main. Drawings mean plans; working drawings; detail drawings; technical profiles, exhibits or sketches; typical cross sections; or reproductions that show locations, character, dimensions, or details of work related to a recycled water system and its components. Offsite Facilities means anv Delivery Main as defined herein. Onsite Facilities means any recycled water delivery or distribution lines on the user's side of the recycled water meter. Onsite recycled water mains are built by the user and subject to permitting, the City's regulations and inspection, and Chapter 210's minimum standards. Point of Connection means a location where Offsite Facilities connect to Onsite Facilities and, unless otherwise set forth in the Recycled Water Agreement, is the point at the downstream end of the City's recycled water service. Recycled Water means wastewater that is collected through a City -owned wastewater treatment plant and treated to a quality that meets or exceeds the TCEQ's authorization to the City and /or Chapter 210 requirements. Recycled Water is synonymous with the term "reclaimed water," as that term is defined under Chapter 210. Recycled Water Delivery System means that system of pipes and related facilities for the delivery, use and sale of Recycled Water by the City or the City's contractors. Ordinance - Recycled Water Page 3 of 19 Recycled Water Service means the furnishing of Recycled Water to a user, through a metered connection, to Onsite Facilities. Recycled Water Agreement means a standard agreement, between a user and the City that establishes the conditions and terms for delivery and use of Recycled Water. Recycled Water Service Area or Service Area means the territory within the City and within its Extraterritorial Jurisdiction (ETJ). Recycled Water Storage Facility means an impoundment or structural tank that receives and stores Recycled Water and complies with applicable requirements under Chapter 210. TAC refers to the Texas Administrative Code. TCEQ refers to the Texas Commission on Environmental Quality and its successor agencies. UDC refers to the City's Unified Development Code. User means a person who uses or receives Recycled Water pursuant to a Recycled Water Agreement with the City. Wastewater Department means the City's Wastewater Department. Water Department means the City's Water Department. Water Right means a real property right to divert, use, or consume water flowina to. over. or under land. Secs. 55- 552 -55- 554. Reserved. DIVISION 2. RECYCLED WATER SERVICE Sec. 55 -555. Availability of Recycled Water Service. (a) The Director may make Recycled Water available to persons who execute a Recycled Water Agreement with the City under the terms of this Article. (b) The Director shall prescribe the method of operation and conditions of service. (c) The City Engineer shall prescribe design requirements for recycled water facilities and the manner of construction. (d) The Director may refuse to provide service for the following reasons: Ordinance - Recycled Water Page 4 of 19 1) Recvcled Water Service would be detrimental to the notable water system; (2) the City's supply of treated wastewater is inadequate to meet the anticipated needs of the proposed use area; (3) required fees have not been paid; (4) Recycled Water Service to the area would not benefit the City; (5) the proposed use is inappropriate for Recycled Water; or (6) known safeguards are not in place to protect the public health or the environment. (e) In determining whether to provide Recycled Water Service to an applicant, the Director may consider the following factors: (1) the existence of a Recycled Water Delivery Main adjacent to or near the premises of an applicant; (2) the applicant's offer to pay the cost of service extension; and (3) the applicant's intent to enter into the required Recycled Water Agreement. Sec. 55 -556. Provision of Recycled Water Service. (a) Upon the Director's recommendation that the provision of Recycled Water is feasible, the City Manager or designee is authorized to execute a standard form Recycled Water Agreement with the City for the provision of Recycled Water to properties within the Recycled Water Service Area upon an application and agreement in compliance with this Article and other applicable laws and reaulations. (b) A person who requests Recycled Water Service from the City must file an application that meets the requirements of this Article, and must meet or exceed the minimum design, construction and operation standards for recycled water facilities. Sec. 55 -557. No grant or transfer of Water Right or ownership interest. The delivery of Recycled Water by the City and the acceptance and use of the Recycled Water by the User is not a transfer or an acquisition by the User of a Water Riaht or an ownershia interest in anv of the Offsite Facilities. Secs. 55-558-560- . Reserved. Ordinance - Recycled Water Page 5 of 19 DIVISION 3. REQUEST FOR RECYCLED WATER SERVICE Sec. 55 -561. Application for Recycled Water Service, determination of feasibility. (a) The Director shall prescribe an application form for Recycled Water Service. (b) To request Recycled Water Service, a person must own or manage the Property for which the service is to be provided. (c) An applicant for a subdivision plat, building permit, site plan, water service extension, or water connection within the service area may submit an application to use Recycled Water. (d) A person must submit an application to the Director and agree to abide by all requirements for Recycled Water Service as described in this Article. If a person meets the requirements described herein, then that person must enter into a standard Recycled Water Agreement prior to the delivery of Recycled Water. (e) The Director shall review each submitted application and investigate the proposed service, such investigation to include site visits, as is reasonably necessary to determine if such service is feasible. Sec. 55 -562. Proof of compliance with the minimum design and operation standards. (a) A person making an application for Recycled Water Service shall submit the following information to the Director for his approval, prior to construction or retrofit of an onsite facility that will use or receive Recycled Water: (1) Design drawings and specifications which must be in compliance with the UDC, the Plumbing Code, Chapter 210, and other TCEQ regulations and applicable laws; (2) Design drawings and specifications must be in compliance with the City's Design Standards Manual issued by the City Engineer; (3) Drawings of the final installed onsite facility and the entire proposed use area; (4) Proof that the User will be compliant with Chapter 210, the UDC, and other city codes, rules and regulations, and that the User has the required backflow prevention assembly on the recycled water service line and sufficient air gap; and Ordinance - Recycled Water Page 6 of 19 (5) Proof, as requested by the Director, that the User has sufficient Storage Facilities for the Recycled Water and will be in compliance with Chapter 210. (b) The Director may issue written notice to the applicant to proceed with construction and /or retrofit upon satisfaction that the applicant meets or shall meet the minimum design and operation standards for Recycled Water Service. (c) After completion of the construction or retrofit of the Onsite Facilities for Recycled Water Service, the applicant must make a written request for inspection by the City. The inspection shall include the cross connection control and an operational test. (d) The Director shall grant the User approval of Recycled Water Onsite Facilities if: the Director determines that the applicant meets the City's minimum design and operation standards; and (2) the system passes the inspection and the operational tests of the cross connection control. Secs. 55-563-55-565. Reserved. DIVISION 4. SYSTEMS AND CONSTRUCTION OF DISTRIBUTION MAINS Sec. 55 -566. Cross Connections with potable water mains prohibited. a) It shall be unlawful for anv aerson to make or to maintain anv Cross Connection or to allow any Cross Connection to exist at any place under the control of any person. (b) Any switchover system potentially allowing use of potable water as a temporary substitute for Recycled Water if Recycled Water is not available shall be built to ensure that Recycled Water does not back flow into the potable water system. (c) To ensure the complete separation of a User's onsite potable water system from the lines supplying Recycled Water, the City shall inspect or cause to be inspected by a third party contractor, the User's onsite potable water system prior to supplying Recycled Water. Any recommended piping modifications shall be completed prior to commencement of the Recycled Water Service. A re- inspection shall be conducted every year or as deemed necessary by the Director. Sec. 55 -567. Recycled Water Delivery Mains — Construction. Ordinance - Recycled Water Page 7 of 19 (a) Any person who desires the extension of Recycled Water Delivery Mains for the provision of Recycled Water Service shall bear all costs of extending the Delivery Main to the User's property line and comply with the City's policies and requirements as they relate to Recycled Water Service. The size of such Delivery Mains are to be determined by the City, based on the User's expected recycled water consumption. Sec. 55 -568. Reserved. DIVISION 5. RECYCLED WATER AGREEMENT Sec. 55 -569. Recvcled Water Aareement. (a) Upon approval of the Recycled Water Service Onsite Facilities, the applicant must execute a standard Recycled Water Agreement with the City to receive Recycled Water Service. (b) The Recycled Water Agreement shall incorporate the requirements of this Article, Chapter 210, the UDC, the Corpus Christi Code of Ordinances, and any other terms and conditions prescribed by the City. (c) The Recycled Water Agreement shall be reviewed periodically at a minimum of every five years and revised to be fully compliant with all TCEQ permits and regulatory requirements. (d) Prior to delivery of Recycled Water, the applicant must sign the Recycled Water Agreement acknowledging that the applicant, as the User, is now responsible for Onsite Facilities and related activities; that the User shall comply with all applicable laws and regulations, including but not limited to Chapter 210. (e) Under the terms of the Recycled Water Agreement, every User shall agree to indemnify, hold harmless, and defend the City of Corpus Christi, its officers, agents, employees, representatives, consultants and contractors from and against any and all claims and actions, and all expenses incidental to the investigation of and defense of all claims and actions, based upon or arising out of damages or injuries to person or property in any way related to or in connection with the use or delivery of Recycled Water and the operation and maintenance of the Onsite Facilities and related activities. (f) Under the terms of the Recycled Water Agreement, every User shall provide proof of and shall maintain in force a policy of comprehensive general liability insurance in the amount specified by the City's Risk Manager under Section 17 -19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain any other policy set by law or the City's Risk Manager under Section 17- Ordinance - Recycled Water Page 8 of 19 19. The City must be named as an additional insured on the general liability insurance policies by endorsement. Sec. 55 -570. Discontinuance of Recycled Water Service. (a) The City may discontinue Recycled Water Service if the City Manager determines that continuing to provide Recycled Water Service would compromise the City's ability to comply with any law, rule, regulation, or order issued by TCEQ, the United States Environmental Protection Agency, the United States Department of Justice, or any other legal authority of competent jurisdiction. (b) The Director may discontinue Recycled Water Service if a User: (1) violates the terms of the Recycled Water Agreement or this Article; (2) fails to pay any and all fees assessed on the User's water j2iL (3) tampers with any facilities related to the service, including the meter; (4) cross - connects the Recycled Water System with a potable water source; (5) refuses to permit an authorized representative of the City to enter his or her premises to inspect the User's Recycled Water System; or (6) performs an act that the Director determines may be detrimental to the Water, Wastewater, or Recycled Water Systems, or detrimental to the health and safety of the public. (c) A User shall pay for the Recycled Water provided by the City until the Recycled Water Service is properly disconnected. d) A User may not reconnect a discontinued service without the Director's approval. (e) If a User reconnects a discontinued service without the Director's approval, the Department may remove the service and charge an additional fee. (f) A User may apply for reinstatement of service after paying all fees or charges assessed. Ordinance - Recycled Water Page 9 of 19 (g) The Director shall charge a fee for reinstatement of Recycled Water Service. Sec. 55 -571. City's responsibilities. (a) The City and its authorized agents, employees, or contractors are responsible for the operation, management, and control of the Offsite Facilities and the oversight of Recycled Water Service. (b) The City shall: (1) Obtain necessary TCEQ authorizations for the offsite use of Recycled Water under Chapter 21 Q (2) Conduct recycled water quality assessments as may be required by Chapter 210; and Have the riaht to take anv action at such times that it deems necessary to safeguard the public health and safety. Sec. 55 -572. User's responsibilities. A User shall: be responsible for constructing an onsite service line to an established point of connection; (2) provide supervision of Onsite Facilities to assure compliance with this Article and the applicable cross connection control provisions of Chapter 210, the City Code, and the UDC. (3) provide access to Onsite Facilities at reasonable times for inspections by the City; (4) train all onsite facilities operations personnel consistent with the worker training and safety plan approved by TCEQ under 30 TAC 210 Section 210.4 (a)(4)(F), as amended; and (5) conduct all operations related to Recycled Water Service in compliance with this Article. Secs. 55- 573 -55 -575. Reserved. DIVISION 6. RESERVED Secs. 55- 576 -55 -581. Reserved. Ordinance - Recycled Water Page 10 of 19 DIVISION 7. USE OF RECYCLED WATER Sec. 55 -582. Use of Recycled Water. (a) Recycled Water may be used only as provided under Chapter 210, for the following purposes: (c) A User may use Recycled Water only in locations and for uses as designated and approved in the User's executed Recycled Water Agreement. (d) Each User of Recycled Water and action related to Recycled Water must comply with Chapter 210 and the provisions of this Article. (e) Recycled Water Agreements are non - transferrable to subsequent Property owners and /or users. Each User must enter into a Recycled Water Agreement for the provision of Recycled Water. (f) Recycled Water used for cooling or processing must be discharged to a sanitary sewer, in compliance with all applicable permits and laws governing such discharges, or obtain written approval from the Director for any other proposed use, disposal or discharge of such water. Sec. 55 -583. General Requirements. (a) Reuse of untreated wastewater is prohibited. (b) The unauthorized use of Recycled Water is prohibited. (c) Food crops that may be consumed raw by humans shall not be spray irrigated. Food crops including orchard crops that will be substantially processed prior to human consumption may be spray irrigated. Other types of irrigation that avoid contact of Recycled Water with edible portions of food crops are acceptable. () There shall be no nuisance conditions resulting from the distribution, the use, and /or storage of Recycled Water. (e) Recycled Water shall not be utilized in a way that degrades ground water quality to a degree adversely affecting its actual or potential uses. lays of becoming aware of the overflow. The written submission shall contain a Ordinance - Recycled Water Page 11 of 19 Sec. 55 -584. Use of Recycled Water, irrigation; other water supply sources (a) Recycled Water may be utilized in the irrigation systems if: (1) There is a written agreement between the City and the owner /operator of the irrigation system; (2) The User complies with Chapter 210; (3) There is no direct contact with edible crops, unless the crop is pasteurized before consumption; (4) The irrigation system does not spray water across property lines that do not belong to the User and /or irrigation system's owner; (5) The irrigation system is installed using purple components; (6) The domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device and sufficient air aaa in accordance with Title 30. Texas Administrative Code, Section 290.47(1); the City's Code of Ordinances, Unified Development Code, and Plumbing Code, any other applicable laws. 7) A minimum of an eiaht -inch by eiaht -inch sian. in Enalish and Spanish, is prominently posted on /in the area that is being irrigated, that reads, "RECYCLED WATER - DO NOT DRINK" and "AGUA DE RECUPERACION - NO BEBER "; and (8) The backflow prevention on the Recycled Water supply line has sufficient air gap and complies with Chapter 210, the City's Code of Ordinances, the Unified Development Code, the Plumbing Code, and any other applicable laws. (b) A person may not use or connect any alternative water supply sources, such as but not limited to gray water or harvested rain water without the prior written approval of the City's Water Director. c) A aerson commits and offense if that aerson uses or causes to be used Recycled Water or any other source or supply of water in violation of this section. Ordinance - Recycled Water Page 12 of 19 Sec. 55 -585. Annual inspection; right of inspection of Recycled Water System Onsite Facilities. (a) The User shall conduct an annual inspection of the Onsite Facilities, either through the City or through the use of a City- approved third party contractor. (b) Additionally, the Director may inspect devices installed by the User to control the flow of Recycled Water and may remove, or secure such devices if installed in violation of this Article or any term of the Recycled Water Agreement. (c) Director may inspect any offsite or Onsite Facilities, as well as use areas and adjoining property belonging to the User and shall be granted access, without prior notice to the User during normal business hours. If access is needed by the Director during non - business hours, the User shall allow access at a reasonable time upon a prior request by the Director. (d) The User and his /her operators shall cooperate with the City and its authorized representatives and assist in performing inspections and operational tests. (e) Any modifications to the User's Onsite Facilities must meet all criteria in this Article and is subject to inspection. Sec. 55 -586. Identification of recycled water Onsite Facilities. A User must identify recycled water Onsite Facilities with signs having a minimum size of eight (8) inches by eight (8) inches posted at all storage areas and on all hose bibs and faucets, in both English and Spanish, the words "Recycled Water, Do Not Drink" or a similar warning in accordance with Section 210.25 of Title 30 of the TAC. Sec. 55 -587. Maintenance of recycled water service pipes. All persons using Recycled Water shall keep their Onsite Facilities in good repair, so as to prevent leakage. Maintenance is the User's responsibility. All onsite transportation, holding and delivery facilities for Recycled Water shall comply with the standards of Chapter 210. Sec. 55 -588. Violations; prohibited uses. (a) A person commits an offense if a person: (1) violates a provision of this Article or any applicable provision of the Texas Administrative Code, the Texas Water Code, or the Texas Health and Safety Code; (2) uses Recycled Water for a purpose not approved by this Article and /or authorized in the Recycled Water Agreement; Ordinance - Recycled Water Page 13 of 19 (3) uses or applies Recycled Water for any purpose, including Approved Uses, by direct application or by windblown spray, to an area other than the Approved Use Area; (4) uses hose bibs or faucets on a Recycled Water System unless they are designed and installed to prevent connection to a standard water hose, as defined in Chapter 210; (5) allows any obstruction to impede access to meter boxes or other Onsite Facilities or Offsite Facilities; (6) gives, sells, trades, or transfers Recycled Water to another area without the prior written approval of the Director; (7) discharges airborne or surface Recycled Water from the User's property, other than to a wastewater treatment system or wastewater collection system, without notifying the City of its permit granted by TCEQ and authorizing the discharge; (8) interrupts Recycled Water Service in a portion of the City's system without the prior written approval of the Director; (9) stores or applies Recycled Water in such a way as to cause runoff or ponding. If such conditions occur, in addition to any other corrective action taken or reauired by law. the User Ordinance - Recycled Water Page 14 of 19 shall immediately alter its method of application to prevent any further runoff or ponding; (10) tampers with, works on, or in any way alters or damages any part of the City's Recycled Water System. Tampering or work shall include, but is not limited to, opening or closing of valves, or causing of any Recycled Water to flow from the system ; (11) cuts into or makes any improper connection with the system; (12) causes or allows their Recycled Water System to have any Cross Connections (between two (2) or more water supplies), any illegal connections or tie -ins, or any discharge of Recycled Water into the public wastewater system; (13) takes or uses Recycled Water without payment; or (14) removes or defaces any warnings, labels or signs pertaining to Recycled Water use. Secs. 55- 589 -55 -590. Reserved. Ordinance - Recycled Water Page 14 of 19 DIVISION 8. RATES AND CHARGES. Sec. 55 -591. Establishment of rates and charaes. Rates and charges for Recycled Water Service are hereby established, based upon factors that include the cost to the City to provide Recycled Water Service, the savings to the City to be able to produce less potable water, and the value to the City to be able to implement longstanding city policies and goals related to water conservation and drought planning and management. Each User of Recycled Water shall pay a monthly charge for Recycled Water Service at the rates established under this Article. Sec. 55 -592. Periodic review of rates. The City Council will review the initial rates for Recycled Water Service and any proposed rate increases in accordance with applicable laws and regulations. Sec. 55 -593. Fees. The Citv Council may adoat a schedule of fees to reimburse the Citv its costs to provide permitting and inspection services in connection with Recycled Water Service. Sec. 55 -594. Schedule. The monthly charge to be paid by Users of Recycled Water Service furnished by the City shall be based on the amount of Recycled Water used by the User according to the following rates: ...... . .... .... .... .... .... ..,,,,.... ...,.... .. ............................... .. ,., ::::::::::: ..... Per 1,000 gallons $ 1.00 Sec. 55 -595. Calculation of quantity of Recycled Water delivered. The amount of Recycled Water received by a User shall be based on monthly meter readings performed by the City. Sec. 55 -596. Inaccurate meter readings. Should any meter fail to register correctly the amount of Recycled Water used by a User since the previous reading, the right shall exist on the part of the Department to charge for Recycled Water Service on the basis of three (3) month's average. Sec. 55 -597. Billing. Ordinance - Recycled Water Page 15 of 19 Bills for Recycled Water Service are due upon receipt and payable to the City of Corpus Christi, at the office of the Utility Business Office, 1201 Leopard Street, Corpus Christi, Texas, 78701. Sec. 55 -598. City -owned buildings and properties. City -owned buildings and properties are exempt from charges for Recycled Water Service. Secs. 55 -599. United States Navy and the State of Texas Veteran's Cemetery. The City Council has previously determined that the City will not charge the United States Navy or the State of Texas' Coastal Bend Veteran's Cemetery for Recvcled Water Service. Secs. 55 -600. Reserved. DIVISION 9. RESERVED Secs. 55-601-55-619. Reserved. DIVISION 10. ENFORCEMENT Sec. 55 -620. Purpose. 032 1 in NMI• • • — • — • • • Ordinance - Recycled Water Page 16 of 19 �• - ••- • - .•• .• •. • - - . - Is specifically included in this Article, the statutes shall control. Sec. 55 -621. Offenses, violations, and penalties. (a) A person commits an offense if the person violates any provision of this Article or any applicable section of the Texas Administrative Code, the Texas Water Code, or the Texas Health and Safety Code. (b) A violation under this Article is a Class C misdemeanor at a minimum, or the maximum applicable state law violation under applicable state law. Any person that violates any provision of this Article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day for each Class C misdemeanor, or the maximum fine allowed by applicable state law. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this Article is a strict liability offense. (c) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (d) If any person or a second person at the same location or premises, is found guilty of a second violation of this Article, the Director shall be authorized to discontinue Recycled Water Service to the premises where such violation occurs. (e) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person who is the party to the Recycled Water Agreement and whose name is on file with the Director or the Utilities Billing Office as the User of the Recycled Water Service for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the User committed the violation, but said User shall have the right to show that he or she did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this Article within the time allowed, upon receipt of notice from the Director or a fudge of the municipal courts, the Director is authorized to discontinue Recycled Water Service under the Recycled Water Aareement to the location or aremises where such violation occurs. Sec. 55 -622. Authority to enforce. effectuate The City Manager is authorized to make determinations necessary to - purposes of Article. Ordinance - Recycled Water Page 17 of 19 The City Attorney and Assistant City Attorneys are authorized to ensure that this Article is properly and diligently enforced, to prosecute violations of this Article, to defend the legality of this Article if challenged, and to seek legal and /or equitable remedies for violations of this Article, including the filing of criminal charges. A legal proceeding pursued under this Article does not constitute a waiver by the City of any right the City may have to loin in a legal action originating from an alternative source of law. The City may commence such actions for appropriate legal and /or equitable relief in courts having proper jurisdiction and may seek civil penalties and any other legal or equitable relief available under common law, V.T.C.A., Local Government Code Chapter 54, under V.T.C.A., Water Code § 26.124, or any other applicable local, state, or federal code or statute. 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 hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided above in Section 55 -620 of the Code of Ordinances. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance - Recycled Water 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 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 - Recycled Water day of 2013. CITY OF CORPUS CHRISTI Nelda Martinez Mayor M P-1 O � N O U U �, lrz :p Im uui r/ W ' CCU p O N a� ; • aA 4-j C) O ct "o 41� ct C) � ;�-4 •4 t+-4 p,4 ate., ateJ ate.+ O ate., CCU W 0 c o N Im CLIM U ui 4� V 4� G� C) P-4 ct U H O U 0 a� 9 0 N O U ct U Q *pr O ct ct cn C) cn C) ct G ct ;--1 � U U U a--+ Q � U � O � c� U U 4-J � � U U .o .� o C) cn �D �D ate-+ C) C) C) C) O O U U ct O ct C) C) cn C) cn co Kii u, Im �n U ui i • i rI1 O CCU 4� O V 9 bA 4� W CCU 4� O n O � • �C) C) 4-j �� O rt--1 P�1 v�J 4 � O U O O (� 0 C� � C) �-1 • ry-I V/ O O U • 4-j v C 4-4 O O ° 4-4 a� o •� � o � o OU � U ++ U ++ O +�-+ +�-+ bA O O ,� •'-' � c O n u, Im u� U ui T rI1 O �I V V 4� W CCU 4� C� 3 a� v V G� ate-+ cn O U bAct cn U I � O ,v O cn 4-j ct Z P4 V 0 Q� 4-1 ct ct Q� ^O^ 4-J U cn U O O ct O O O O U � bJ0 4-' O U Ct ct O bA � O 4-j O V U � U � ate-+ O � O V � V p� ct 4--j U U �O U a� bA O U t-� I 4� 0 0 901 Im en C.c ch U ui A • 4� �I V V 4� CCU 4� 4� �V 4� O o O a--+ ' � r�--I cn 4-j cn v U cn O C bbjo ' O � O O •� ct ° o °� ° ° • O � U 4-1 O '� O U 4-j U .� •� U� U v U aU-+ bA � U 0 o Mr. John and Mrs. Cheryl Hoop 1118 Graham Road Corpus Christi, Texas 78418 361-834-3403 Mr. Mark Van Vleck, P.E. Director Development Services Mr. Miguel S. SaIdana, A.I.C.P. Development Services City of Corpus Christi 2406 Leopard St. Corpus Christi, Texas 78469-9277 Dear Mr. Van Vleck and Mr. SaIdana, We are the owners • the property at 1118 Graham Road located in the city • Corpus Christi. On April 29, 2003 we paid a Sanitary Sewer/Wastewater Fee in the amount • $3,217.00 to the City • Corpus Christi. This fee was required to be paid at the time • platting. At the time the fee was paid, we were made aware by our project engineer and Harry Power, City Planner, City of Corpus Christi, that if the sewer was not placed on the property within 10 years, we would • reimbursed that fee plus interest of 5.5% annually. We requesting a refund of the $3,217.00 in Sanitary Sewer/Wastewater Fees paid to the City of Corpus Christi on April 29, 2003. We are also requesting a refund of $1,769.35 in interest due on $3,217.00 from April 29, 2003 until April 29, 2013. Our request for refund is valid based on the fact that no wastewater lines serve 1118 Graham Road, Oak Terrace Unit 2, Block 4, and Lot 7. It is evident that there are no plans to place sewer in this area. Copies are included as proof • this transaction. Thank you for your assistance in this matter. We look forward to you expediting this matter and receiving a refund check in the amount of $4,986.35 from the City of Corpus Christi. Sincerely, Cahn C, r Cheryl L- H p Per Ordinance appropriating $5,495.10 from the No. 4220 Wastewater Trunk System Trust Fund to refund John C. and Cheryl L. Hooper wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $5,495.10 is appropriated from the No. 4220 Wastewater Trunk Line Trust Fund to refund John C. and Cheryl L. Hooper wastewater lot /acreage fees previously paid for Lot 7, Block 4, Oak Terrace Unit 2, in accordance with Section 8.5.2.G. of the Unified Development Code. Furthermore, the City Manager, or his designee, is authorized to issue payment of the refund to the named parties. 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, CITY OF CORPUS CHRISTI Nelda Martinez Mayor TO Ronald L. Olson, City Manager T' ROUGH Wes Pierson, Assistant City Manager (36 1) 826-3082 wesp@cctexas.com FROM: Emily Martinez (361) 882-7448 emartinez@ccredc.com Type A Grant for Sam Kane Beef Processors, LLC 002hus -z I W"ITATMIK Job Development Corporation ("Type A Corporation") and Sam Kane Beef Processors, LLC Kane") to provide a grant of up to $3,000,000 for the creation and retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, amending the budget to allow for this funding of up to $3,000,000 from the Unreserved Fund balance in the No. 1140 Business/Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund. 0 1111-12 171� a a IN=-1114ffW Mw 1r i Sam Kane has been open since 1949. It is the last meat packing plant in South Texas. It employs 739 people and pays out an annual payroll of approximately $21 million. The next closest meat processing plant is in Amarillo. They have negotiated a sell to a Houston based company, owned by Lou Waters, Sr. and Lou Waters, Jr. The Waters Group will keep the company operating and retain 739 jobs and create 100 jobs. lvfimr,r. . .r -- _ vm a A. & J=ing r-i Revenue o Capital o Not applicablz 9=830w= I N Z10141 ih I Ad 4'k1 I ii L41 i,M recommends approving this $3,000,000 grant to Sam Kane Beef Processors, LLC for ---etaining 739 jobs and creating 100 jobs —IST OF SUPPORTING DOCUMENTS. Page 1 of 2 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and Sam Kane Beef Processors, LLC ( "Sam Kane ") to provide a grant of up to $3,000,000 for the creation and retention of jobs at their beef packing plant in the City of Corpus Christi extra territorial jurisdiction, amending the budget to allow for this funding of up to $3,000,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund and appropriating up to $3,000,000 to the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ( "City "). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Sam Kane for the creation and retention of jobs at their meat packing plant will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement for the creation and retention of jobs at Sam Kane between the Type A Corporation and Sam Kane, which is on file at the City Secretary's office, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Sam Kane, on file at the City Secretary's office. SECTION 3. That $3,000,000 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Sam Kane for the creation and retention of jobs. SECTION 4. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business /Job ORDINANCE -- Sam Kane Beef Grant03 /15/13 Page 2 of 2 Development Fund by $3,000,000 for a business incentive grant from the Type A Corporation to Sam Kane for the creation and retention of jobs. 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 Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of 2013. ATTEST: Armando Chapa City Secretary ORDINANCE -- Sam Kane Beef Grant03 /15/13 Nelda Martinez Mayor BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SAM KANE BEEF PROCESSORS, INC FOR CREATION AND RETENTION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Sam Kane Beef Processors, LLC ( "Sam Kane "), a Texas Limited Liability Company. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ( "the Act "), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation and retention of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ( "Type A Guidelines "), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Sam Kane is the seventh largest beef processing facility in the nation. They process on average 1,200 head of cattle per day that are raised in South Texas for distribution throughout the nation. They own their facility which is located at 9001 Leopard Street in Corpus Christi; WHEREAS, on May 1, 2013 the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Sam Kane, through this Agreement with Sam Kane, to be used by Sam Kane to continue operating their beef processing facility and to create 100 full -time jobs and retain 739 existing full -time jobs, with an estimated annual average salary of $27,700 per year. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Sam Kane agree as follows: Page 1 of 8 Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. The Performance Requirements and Grants are listed in Exhibit A, which is attached to and incorporated into this Agreement. 4. Job Creation Qualification. a. A "job" is defined in the Type A Guidelines as a full -time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. b. Sam Kane agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. Sam Kane agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full -time permanent employees employed by the business. d. Sam Kane shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Utilization of Local Contractors and Suppliers. Sam Kane agrees to exercise reasonable efforts in utilizing local contractors and suppliers in any construction that may take place in conjunction with the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Sam Kane agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Sam Kane to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Sam Kane is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises (`DBE'). Sam Kane agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically - underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Sam Kane agrees to a goal of 30% of the total dollar amount of all construction contracts and related supply agreements, if any, that may take place in conjunction with the Project being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Sam Kane agrees, during any construction that may take place in Page 2 of 8 Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 conjunction with the Project and for four years after Completion thereof, to maintain written records documenting the efforts of Sam Kane to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Sam Kane is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local' as used to describe contractors and /or suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically - underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full -time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9. Warranties. Sam Kane warrants and represents to Corporation the following a. Sam Kane is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Sam Kane has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Sam Kane has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Sam Kane has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Sam Kane is duly authorized to execute this Agreement on behalf of Sam Kane. f. Sam Kane does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Sam Kane is convicted of a violation under §U.S.C. Section 1324 a (0, Sam Kane shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Sam Kane has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Sam Kane shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 3 of 8 Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 11. Non - Discrimination. Sam Kane covenants and agrees that Sam Kane will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or Sam Kane are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Sam Kane are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Sam Kane may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. Sam Kane covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Sam Kane activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Sam Kane must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Sam Kane. The following events constitute a default of this Agreement by Sam Kane: a. The Corporation or City determines that any representation or warranty on behalf of Sam Kane contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Sam Kane or any attachment or other levy against the property of Sam Kane with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Sam Kane makes an assignment for the benefit of creditors. d. Sam Kane files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Sam Kane become delinquent, and Sam Kane fails to timely and properly follow the legal procedures for protest or contest. Page 4 of 8 Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 f. Sam Kane changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Sam Kane fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Sam Kane is in default according to the terms of this Agreement, the Corporation or City shall notify Sam Kane in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Sam Kane to cure the event of default. 17. Results of Uncured Default by Sam Kane. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Sam Kane, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Sam Kane shall immediately repay all funds paid by Corporation to them under this Agreement. b. Sam Kane shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Sam Kane of all sums due, the Corporation and Sam Kane shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, or Sam Kane may be held liable for any consequential damages. 18. No Waiver a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Sam Kane's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Sam Kane is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. Sam Kane specifically agrees that Corporation shall only be liable to Sam Kane for the actual amount of the money grants to be conveyed to Sam Kane, and shall not be liable to Sam Page 5 of 8 Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 Kane for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Sam Kane to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Sam Kane: Sam Kane Beef Processors, LLC Attn: President P.O. Box 9254 Corpus Christi, TX 78469 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. Page 6 of 8 Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Sam Kane will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Sam Kane. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 26. a and b shall survive the termination of this Agreement. [Remainder of Page Intentionally Left Blank] Page 7 of 8 Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 Corpus Christi Business & Job Development Corporation By: Robert Tamez President Date: Attest: By: Armando Chapa Assistant Secretary Sam Kane RPPf Prnr.PSSnrs_ I I C By: Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2013, by Louis A. Waters, Jr., President, for Sam Kane Beef Processors, LLC a Texas Limited Liability Company, on behalf of the Sam Kane Beef Processors, LLC. Notary Public State of Texas ;y A BRENDA G. HERA MY COMMISSION EXPIRES APRIL 27, 2017 Page 8 of 8 Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Sam Kane shall retain 739 full -time jobs, with an average annual salary of $27,700 per year as described in the schedule below. Sam Kane shall create 100 full -time jobs over the term of this Agreement. Year Number of New Jobs Number of Retained Jobs Annual Payroll Capital Investment 1 0 739 20,470,000 0 2 25 739 21, 855, 300 0 3 25 739 23,240,300 0 4 25 739 24,625,300 0 5 25 739 26, 010, 300 0 a. Grants, not to exceed $600,000 per year and a cumulative total of $3,000,000 over five years, are available on a per job created /retained basis. b. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. The reduced Cash Incentive shall be calculated as follows: Annual payroll commitment: 5th year: 739 employees Actual: 700 employees Cash Incentive: = 700/739 X $600,000 = $568,335.59 In the 5th year, the Company would receive a reduced Cash Incentive of $568,335.59 from the Corporation for not meeting the performance goals for retained employees. 2. The Corporation will award a grant to Sam Kane based on the formula above, payable not later than 30 days after the completion of the compliance report each year if Sam Kane retains the minimum number of in the preceding year described in paragraph 1 above (collectively, the "annual performance benchmarks "). A -1 Type A Business Incentive Agreement Sam Kane 5 -30 -13 FINAL Type A Bus Incen Agmt Sam Kane Beef 5 -30 -13 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code ( "the Act "), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ( "Board "); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Sam Kane Beef Processors, LLC ( "Sam Kane ") has submitted a proposal to the Type A Corporation for a $3,000,000 grant for the retention of 739 jobs and the creation of 100 new jobs in their existing meat processing facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Sam Kane's retention of 739 jobs and creation of 100 new jobs in their existing meat processing facility; and WHEREAS, the Type A Corporation and Sam Kane have executed a business incentives agreement for the creation and retention of jobs related to Sam Kane's existing meat processing facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Retention and Creation of Jobs between the Type A Page 1 of 3 Type A Business Service Agreement - Sam Kane Corporation and Sam Kane related to Sam Kane meat processing facility in Corpus Christi ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is May 1, 2013. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. Page 2 of 3 Type A Business Service Agreement - Sam Kane The City of Corpus Christi Ronald L. Olson City Manager Date: Attest Armando Chapa City Secretary Type A Business Service Agreement - Sam Kane Corpus Christi Business & Job Development Corporation Robert Tamez President Date: Page 3 of 3 Cyr AGENDA MEMORANDUM oPOaEO Future Item for the City Council Meeting of June 11, 2013 1852 Action Item for the City Council Meeting June 25, 2013 DATE: June 11, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeL cctexas.com (361) 826 -3169 Fred Segundo, Director of Aviation fres cctexas.co (361) 289 -0171 Purchase of Security Equipment CAPTION: Motion approving the purchase and installation of sixteen (16) CCTV cameras and an access control system from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $76,634.81. Funds have been budgeted by the Aviation Department in FY 2012- 2013. PURPOSE: To provide security and access control at the Airport's Quick Turnaround Facility. BACKGROUND AND FINDINGS: The Quick Turnaround Facility is a new City -owned facility that consolidates rental car, maintenance, and storage operations at the Airport. The facility allows the fueling, cleaning (wash and vacuum), maintenance, and storage of fleet rental car vehicles that service the Airport. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The Airport is one of two City facilities that have an independent security access control system. To date, they have invested approximately $80,000.00 in the existing system and we are integrating this purchase with their existing system. 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: Aviation 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 $911,269.86 $0 $911,269.86 Encumbered / Expended Amount $823,428.89 $0 $823,428.89 This item $76,634.81 $0 $76,634.81 BALANCE $117206.16 $117206.16 Fund(s): Airport CFC Fund Comments: 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 1 Purchase and installation of 16 Pelcc cameras and access control system. PRICE SHEET SECURITY EQUIPMENT TXMAS CONTRACT NO. 9 -84060 MCS FIRE & SECURITY CORPUS CHRISTI, TEXAS UNIT TOTAL QTY. UNIT PRICE PRICE 1 Lot $76,634.81 $76,634.81 TOTAL: $76,634.81 .ALTS C� C� Ok' r7 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 11, 2013 sa32 Action Item for the City Council Meeting of June 18, 2013 DATE: 5131113 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826 -3932 Application for a Hazardous Materials Emergency Preparedness Planning Grant for the City of Corpus Christi /Nueces County LEPC Program year 2013 -2014 CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. PURPOSE: The data and analysis will be used to enhance emergency plans and response procedures for emergencies involving transportation of hazardous materials and fixed site storage. BACKGROUND AND FINDINGS: The Corpus Christi /Nueces County LEPC recently completed a Commodity Flow Study to assess hazardous materials transported throughout the County including our three hazardous materials highways (IH37, US77 and US181), major rail carriers and hundreds of miles of pipelines. The study yielded 400 facilities with approximately 2,500 stored chemical substances. The proposed study will use the comprehensive commodity flow and facility data to complete a detailed risk analysis of at -risk transportation activities and industrial facilities throughout Nueces County and neighboring jurisdictions that may have an adverse impact on the public safety /health of Nueces County residents, visitors and its workforce. ALTERNATIVES: If we don't apply and receive the grant, we will have limited information to prepare plans and train for hazardous material incidents. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution to submit grant application. EMERGENCY I NON- EMERGENCY: This is a Non - Emergency, non - controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: o Operating o Revenue o Capital X Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered 1 Expended Amount 0 This item 01 1 01 0 BALANCE 01 0 1 0 0 Fund(s): Comments: The FY 2013 -2014 LEPC Budget is $100,794.69. This budget can absorb the 20% match of.$13,000.00. The City of Corpus Christi /Nueces County LEPC had approved a motion to apply for this grant. RECOMMENDATION: Council approval of Resolution to submit grant application. LIST OF SUPPORTING DOCUMENTS: Grant Application Resolution RESOLUTION Authorizing the City Manager, or designee, to submit a grant application in the amount of $65,000 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and Community Right -to Know Act of 1986, with a hard match of $13,000; and authorizing the City Manager, or designee, to apply for, accept,, reject, alter or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $65,500 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2014 Hazardous Materials Emergency Preparedness (HMEP) grant program to conduct a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance implementation of the Emergency Planning and community Right -to Know Act of 1986, with a hard match of $13,000. Section 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor 0� 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 APPLICATION FORM- Due July 1, 2013 to TDEM HMEP Application Coversheet for FY 2014 grant year 1. APPLICANT INFORMATION PLEASE TYPE ALL INFORMATION a. Legal Name of LEPC county or city: Geographic area covered /Project Title: City of Corpus Christi /Nueces County LEPC Nueces County b. Name of Grant Manager: Address: Richie Quintero, Deputy Fire Chief 2406 Leopard Street, Suite 300 Corpus Christi, TX 78408 Telephone: (361) 826 -3936 Fax: (361) 887 -8053 e-mail address: RichieQ @cctexas.com c. Name of person writing final summary letter: Address: Richie Quintero, Deputy Fire Chief 2406 Leopard Street, Suite 300 Corpus Christi, TX 78408 Telephone: (361) 826 -3936 Fax: (361) 887 -8053 e -mail address: Rich ieQ @cctexas.GGm d. Name of person who will administer funds': Address: Rick Ramos, LEPC Finance Committee Chairperson 2406 Leopard Street, Suite 300 Corpus Christi, TX 78408 Telephone: (361) 826 -3938 Fax: (361) 887 -8053 e -mail address: Rickr @cctexas.com e. County or City's Vendor Identification Number: 74- 6000 -754 2. CERTIFICATION To the best of my knowledge and belief, all information in this application is true and correct. The document has been duly authorized by the (county judge, mayor, city manager] and a majority vote of the Local Emergency Planning Committee. The Corpus Christi County/City of wilt serve as fiscal agent for the project and comply with all contractual obli coons if assistance is provided. NAME OF LEPC CHAIR: SIGNATURE Robert Rocha TELEPHONE: (361) 826 -3932 DATE: FAX: 361 826 -4281 NAME OF AUTHORIZED FISCAL AGENTZ: Ronald L. Olson TITLE: SIGNATURE Corpus Christi Manager rCiit TELEPHONE- 6 -3222 DATE: FAX: (361 826Td39 1 This cannot be the LEPC Chair or grant manager. Must be a member of the authorized fiscal agent. 2 This is the county or city fiscal agent that will manage of any and all monies awarded under this grant. 24 Hazardous Materials Emergency Preparedness Grant FY2014 DESIGNATION STATEMENT City of Corpus Christi on behalf of Applicant City of Corpus Christi /Nueces County LEPC Date 5/31/2013 Project Title Nueces County Toxic Industrial Chemical & Vulnerability Assessment- Phase One Mailing Address 2406 Leopard Street, Suite 300 s Christi, TX 78408 Project Manager Richie Quintero Phone (361) 826 -3936 Title Deputy Fire Chief E -Mail Address: RichieQ @cctexas.com Financial Officer* Rick Ramos Title LEPC Finance Committee Chairperson Phone (361) 826 -3938 Total Project Budget: $ 65,000 (100 %) HMEP Share: $52,000 (80 %) Local Share: $13,000 (20 %) *FINANCIAL OFFICER CANNOT BE THE PROJECT MANAGER CERTIFICATION 1 certify that I have the legal authority to make a commitment to the project on behalf of the applicant and that the project manager indicated above has the responsibility for the daily implementation of the proposed project. I certify that I am duly authorized to act on behalf of the recipient organization and the recipient agrees with the requirements of the "Offer and Acceptance" clause, and that the award is subject to the applicable provisions of 49 CFR § 110 et seq., 49 CFR Part 18, and of the provisions of TDEM Assistance Agreement Contract. I certify that the financial manager indicated above has the responsibility for the fiscal management of the grant and has the legal authority to certify all financial status reports, invoices and requests for payments that will be submitted. I certify that the information in the attach application is true to the best of my knowledge. By submitting this application, I am making a commitment to the proposed project, budget, match share and scope of work (Project Narrative and Work Schedule and Deliverables). Richie Quintero/ Deputy Fire Chief Project Manager (print /signature) Title Date 22 Hazardous Materials Emergency Preparedness Grant FY2014 PROJECT NARRATIVE (must be completely outlined, use additional paper if necessary) Applicant/ Local Government: Corpus Christi /Nueces County LEPC Project Title: Toxic Industrial Chemical & Material Vulnerability Assessment - P1 The City of Corpus ChristilNueces County LEPC (CC /NC LEPC) intends to build on previous initiatives to complete a detailed hazardous materials vulnerability assessment to increase effectiveness in safely and efficiently handling hazardous materials accidents and incidents and to further enhance our implementation of the Emergency Planning and Community Right -to -Know Act of 1986. The CC ?NC LEPC recently completed a Commodity Flow Study to assess hazardous materials transported throughout the County including our three hazardous materials highways (1H37, US77 & US181), major rail carriers and hundreds of miles of pipelines. Additionally, in 2011, the CC/NC LEPC contracted services to develop a comprehensive list of regulated industrial facilities, complete with associated hazardous material storage based on available regulatory data. This comprehensive list yielded 400 facilities with approximately 2,500 stored chemical substances. The proposed Phase One Project will utilize the comprehensive commodity flow and facility data to complete a detailed risk analysis of at -risk transportation activities and industrial facilities throughout Nueces County and neighboring jurisdictions that may have an adverse impact on the public safety/ health of Nueces County residents, visitors and its workforce. The analysis will include an assessment of model releases from industrial facilities and transportation threats, probability of trigger events from natural disasters, accidents, and terrorism incorporating historical weather probability data, a compilation of plans and procedures from key personnel, organizations and process owners, and a calculation of severity by determining patient profiles. This information will be used to enhance emergency plans and response procedures for emergencies involving transportation of hazardous materials and fixed site storage (specifically the update of local Annex Q: Hazardous Materials and Oil Spill Response as required by the Texas Division of Emergency Management). This information will also be used to assess local response capabilities and determine needs to enhance regional hazardous materials emergency response teams. This project was unanimously approved by the LEPC membership and is being supported by numerous regional, state and federal organizations including, but not limited to, the Coastal Bend Council of Governments, Coastal Bend Regional Advisory Council (TSA -U), Corpus Christi 24 Hazardous Materials Emergency Preparedness Grant FY2014 WORK SCHEDULE AND DELIVERABLES Applicant. Corpus ChristilNueces County t_EPC Project Title Toxic Industrial Chemical & Material Vulnerability Assessment - 131 Project Activities, Tasks, And Deliverables Receive notice of grant award Complete contract award Submit first quarter progress report Conduct initial project meeting with stakeholders Conduct intermediate project meeting with stkhldr Conduct final project meeting with stakeholders Submit second quarter progress report Receive first draft for review and comment Submit third quarter progress report Receive final draft Approve final product Closeout grant Submit final grant report to TDEM Hazardous Materials Emergency Preparedness Grant FY2014 MONTHLY PROGRESS SCHEDULE 1 2 3 4 5 6 7 8 9 10 11 12 x x x x x x x x x x x x x 25 BUDGET SHEET (must be fully completed) Applicant (local government) Corpus Christi /Nueces County LEPC Project Title Toxic Industrial Chemical & Material Vulnerability Assessment - P 1 HMEP SHARE I MATCH SHARE I TOTAL COSTS PERSONNEL SERVICES Salaries and Wages 0 0 0 OPERATING EXPENSES Office Supplies Facility Rental Communications Other Direct Expenses PROFESSIONAL SERVICES Professional /Consultant Note: No Overtime or Call Backs No Equipment Purchases No Software with the exception of CAMEO. 26 Hazardous Materials Emergency Preparedness Grant FY2014 405 -12 -25072 BUDGET SHEET (must be completed in full) Applicant (local government) Corpus Christi /Nueces Co LEPC Project Title Toxic Industrial Chemical & Material Vulnerability Assessment- P1 PERSONNEL SERVICES Salaries and Wages OPERATING EXPENSES Travel Office Supplies Facility Rental Communications Printing Postage Other Direct Expenses NOR" Professional /Consultant HMEP -Grant nmty aHARE I MATCH SHARE I TOTAL COSTS PROFESSIONAL SERVICES SUBCONTRACT 49,200.51 12,300.13 __I]_ 61,500.64 2,399.49 599.87 2,999.36 0 0 0 0. 0 0 0 0 0 400.00 100.00 500.00 0 0 0 0 0 0 �'c S`T_ t b k K* a s J : k '� g Note: No Overtime or Call Backs No Equipment Purchases No Software with the exception of CAMEO. Hazardous Materials Emergency Preparedness Grant FY20I3 26 Texas Division of Emergency Management Department of Public Safety Grant Assurances for the Hazardous Materials Emergency Pre aredness Grant Name of Applicant City of Corpus ChristilNueces County LEPC Address: 2406 Leopard St, Suite 300 City: Corpus Christi State: TX Zip Code: 78408 Telephone Number: 3( 61 826 -3900 Fax Number: 361 887 -8053 E-Mail Address: RichieQ @cctexas.com Cell Phone: (361) 887 -8053 As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Has the legal authority to apply for federal assistance, and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the Hazardous Materials Emergency Preparedness Grant. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 29 Hazardous Materials Emergency Preparedness Grant FY2014 8. Will comply with all federal statues relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which prohibits discrimination on the basis of race, color or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683 and 1685 - 1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 -6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255) as amended, relating to nondiscrimination on the basis of drug abuse; £ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; . i. Title 49, Code of Federal Regulations, Parts 21 and 27; j. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and k. The requirements on any other nondiscrimination statute(s), which may apply to the application. 9. Will comply, if applicable, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(x) of the flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply; if applicable, with environmental standards which may be prescribed pursuant to the following: a. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); 30 Hazardous Materials Emergency Preparedness Grant FY2014 f. conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); g. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and h. Protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205). 12. Will comply, if applicable, with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance, if applicable, with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq). 14. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728- 4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System. of Personnel Administration (5 C.F.R. 900, Subpart F). 15. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 - 7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 16. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 17. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 18. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor. standards for federally assisted construction sub agreements. 19. Will not make any award or permit any award (sub grant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 31 Hazardous Materials Emergency Preparedness Grant FY2014 20. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including sub grants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 21. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non - federal funds. 22. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A -87, a -102, and A -133, Title 49, Code of Federal Regulations, and any other Federal laws or regulations that are applicable to this grant. 23. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. The undersigned represents that he /she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Project Manager: Printed Nanie Project Manager: Title: Hazardous Materials Emergency Preparedness Grant FY2014 Date: 32 bus c 0 AGENDA MEMORANDUM NAPaRA «° Future Item for the City Council Meeting of June 11, 2013 xs Action Item for the City Council Meeting of June 25, 2013 DATE: May 22, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Engineering Design Contract Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $85,954.00, for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements. BACKGROUND AND FINDINGS: The Greenwood Wastewater Treatment Plant continues to have issues with nuisance odors which affect the adjoining properties and was cited by Texas Commission of Environmental Quality (TCEQ) monitoring. Odor control facilities are needed to improve the fugitive odors /emissions to be compliance with the requirements of TCEQ. The initial preliminary engineering phase of this project, which is anticipated to complete in September 2013, aims to determine the source and constituents of the odors and the final odor control improvements, which will be detailed in the Preliminary Engineering Letter Report. Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2011 -05 dated November 14, 2011. ALTERNATIVES: 1. Execute the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. as proposed. 2. Do not execute the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P. as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT- El Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $202,500.00 $2,595,000.00 $2,797,500.00 Encumbered / Expended Amount This Item $85,954.00 $85,954.00 Future Anticipated Expenditures This Project $16,500.00 $2,343,000.00 $2,359,500.00 BALANCE $100,046.00 $252,000.00 $352,046.00 Fund(s): Wastewater CIP #16 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $85,954.00. RECOMMENDATION: City Staff recommends the contract be awarded to Coym, Rehmet & Gutierrez Engineering, L.P. of Corpus Christi, Texas, in the amount of $85,954.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET Greenwood Wastewater Treatment Plant Emission & Odor Control Improvements 111 ki I 1161FAIVil I Net -11 =F Wastewater CIP .................................................................... ............................... $2,797,500.00 FUNDS REQUIRED: Construction Estimate (Contractor TBD) ..................................... ............................... $1,950,000.00 Contingencies ( 10%) ............................................................... ............................... 195,000.00 Engineer: Engineer Preliminary Phase (Coym, Rehmet & Gutierrez Engineering, L.P.) ..................... 85,954.00 Reimbursements Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 43,875.00 Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt) ............. ............................... 68,250.00 Construction Observation Services ........................................... ............................... 68,250.00 Finance............................................................................... ............................... 24,375.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 9,750.00 TOTAL................................................................................ ............................... $2,445,454.00 PROJECT BUDGET BALANCE ............................................... ............................... $352,046.00 =ile : \ Mproject \councilexhibits \exhEl0047.dwg MU ECES DAY FON � C° C R° °Y � a Ch °pOe/ °o _ o � IH37 Q N o z o _ Y Q Q A�NES AGNES HWY 44 .,,CAN C CORPUS CC�_R'P2lS 9-fTISTI CHRISTI z INTERNATIONAL o BEAR BAY o AIRPORT } °'9y� McCLOIN RD. W PAINT c-0 1�p, CH C� PROJECT LOCATION q ° °D Sp'° °E` 0S0 LOCATION MAP NOT TO SCALE y 2 O Spp1 FE► -IPE PROJECT SITE PROJECT # E10047 O� O C� O� o° yo �v AII� 0 U� oFRey �R SITE PLAN NOT TO SCALE GREENWOOD WASTEWATER CITY COUNCIL EXHIBIT TREATMENT PLANT EMISSIONS & CITY OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING SERVICES ODOR CONTROL IMPROVEMENTS 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 Coym, Rehmet & Gutierrez Engineering, L.P., a Texas corporation, 5656 South Staples Street, Suite 230, Corpus Christi, Nueces County, Texas 78411, (Architect/Engineer —A/E), hereby agree as follows: 1. SCOPE OF PROJECT Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvements (Project No. E10047) — The Greenwood Wastewater Treatment Plant, located at the intersection of Greenwood Road and Saratoga Boulevard, has experienced problems with odors which affect the adjoining locales. Odor control facilities will be constructed to ameliorate the fugitive odors /emissions. An initial preliminary engineering phase (Preliminary Engineering Letter Report) will determine the source and constituents of the odors. The final odor control improvements will be determined by the approved recommendations which will be detailed in the Preliminary Engineering Letter Report. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Exhibit "A -1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit "A ". Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects) which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The 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 Contract for Engineering (A/E) Services Page 1 of 4 KIENGINEERING DATAEXCHANGEUENNIFERIWASTEWATER %EIM47 GREENWOOD WWrP EMMISSIONS ODOR CONTROUCONTRAMCONTRACT.DOC be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE 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 $85.954.00, (Eighty -Five Thousand Nine Hundred Fifty Four 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 (A/E) Services Page 2 of 4 MENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERTIM47 GREENWOOD WWTP EMISSIONS ODOR CONTROL\CONTRACTICONTRACT.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 A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. Contract for Engineering (A/E) Services Page 3 of 4 KIENGINEERING DATAEXCH ANGEWENNIFERIWASTEWATER\E10047 GREENWOOD WWTP EMISSIONS ODOR CONTROLICONTRACTICONTRACT.DOC Oscar R. Martinez, Date Assistant City Manager riq* , , , 1,1 111 Office • Management Date and Budget FA":6-4 Armando Chapa, City Secretary Project No. E10047 Fund Source No. 550950-4249-00000-El 0047 Fund Name* Wastewater 2012B CIP (RevBds Encumbrance No. "UOYM, REHIVIET & GUTIERREZ ENGINEERING, L.P. Z - At '— 9 1. o)-- MAY 2- 2 2013 �� QUMMU'A"GER Contract for Engineering (A/E) Services Page 4 of 4 K\ENGSNEERING DATAF-XCHANGEWENNIFER1WASTEWATERXE10047 GREENWOOD WWTP EMMISSIONS ODOR CONTROOCONTRAMCONTPACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Greenwood Wastewater Treatment Plant Emissions /Odor Control Project (Project No. E10047) I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer -A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. This report shall include: b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of one (1) formal meeting with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will discuss the project with the operating department (VvateF, c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report of identified feasible alternatives, and review with City staff to produce an acceptable format. The Draft Engineering Letter Report will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The A/E will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements to be acquired, and probable Project design solutions (which are common to municipalities), in accordance with (GYASGra 38 02). SUb6UFfaGe iRvestigation will be paid as aR additional ser�is� EXHIBIT "A" Page 1 of 10 Revised April 2010 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates and design alternatives. 8) Provide a letter stating that the A/E and Sub - consultant Engineers have checked and reviewed the Draft Engineering Letter Report prior to submission. 9) Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. d. Assimilate all review comments of the Draft Engineering Letter Report (if any) and provide one (1) set of the Final Engineering Letter Report (electronic and hard copies using City Standards as applicable) suitable for reproduction. Said Final Engineering Letter Report henceforth becomes the sole property and ownership of the City of Corpus Christi. City staff will provide one set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction. c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans. (as available from City Engineering files). f. Field location of existing city utilities. (A/E to coordinate with City Operating Department.) g. Provide applicable Master Plans. h. Provide bench marks and coordinates. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement Engineering Letter Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. EXHIBIT "A" Page 2 of 10 Revised April 2010 b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system for utility manholes. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub - consultant A/E shall submit a letter EXHIBIT 'W' Page 3 of 10 Revised April 2010 declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Assimilate all final review comments (if any). k. 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 sole property and ownership of the City of Corpus Christi. I. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. m. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. n. Provide a Storm Water Pollution Prevention Plan, if required. 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 recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes 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 A/E's design phase estimate required above, the Engineer will, at its expense, conferwith City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange 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. EXHIBIT "A" Page 4 of 10 Revised April 2010 c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents forthe contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image - viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT "A" Page 5of10 Revised April 2010 The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: .. . . 1 1 . ■ riall ■ _ 11111 oil - _ 3. Topographic Survey and Parcel Descriptions. A/E will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project EXHIBIT "A" Page 6 of 10 Revised April 2010 1 11111 oil - _ awl ■ . �- 3. Topographic Survey and Parcel Descriptions. A/E will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project EXHIBIT "A" Page 6 of 10 Revised April 2010 area. AJE will aubmit individual paFGal dessAptieRs and suFvey plats te the Gity along 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. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. EXHIBIT "A" Page 7 of 10 Revised April 2010 C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. D. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. E. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents orwill prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. F. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. EXHIBIT "A" Page 8 of 10 Revised April 2010 6. 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. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 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 Monday July 15, 2013 Begin Engineering Letter Report Monday October 7, 2013 Submit Draft Engineering Letter Report Monday October 28, 2013 Complete City Review Monday November 25, 2013 Submit Final Draft Engineering Letter Report Monday TBD Begin Design Phase Monday TBD Interim Submittal Monday TBD Complete City Review Monday TBD Pre -Final Submittal Monday TBD Complete City Review Monday TBD Final Submittal Monday TBD Advertise For Bids Wednesday TBD Pre -Bid Conference Wednesday TBD Receive Bids Tuesday TBD Contract Award Monday TBD Begin Construction Friday TBD Complete Construction III. 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 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 City concurrence) of the EXHIBIT "A" Page 9 of 10 Revised April 2010 proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $85,954.00 2. Design Phase TBD 3. Bid Phase TBD 4. Construction Phase TBD Subtotal Basic Services Fees $85,954.00 Additional Services Fees (Allowance) 1. Permit Preparation TBD 2. Topographic Survey TBD 3. S.U.E./Hydroexcavation TBD 4. Construction Observation Services TBD 5. Warranty Phase TBD Sub Total Additional Services Fees TBD Total Project Fee TBD EXHIBIT "A" Page 10 of 10 Revised April 2010 EXHIBIT A -1 CITY OF CORPUS CHRISTI, TEXAS Greenwood Wastewater Treatment Plant Emissions /Odor Control Project City Project No. E10047 TASK LIST PRELIMINARY PHASE Onsite Visit and Review Background Information 1.1 Onsite Visit Conduct an onsite visit with Wastewater Plants Supervisor and Plant Operating personnel to ascertain field conditions and plant operations. 1.2 As -Built Drawings Review As -Built Drawings of the Plant to include recent additions. 1.3 Naismith Engineering Project Communicate with Naismith Engineering regarding the scope and schedule of the project regarding the plant flare operation. 1.4 Identify Additional Data Needs Based upon the information and drawings received and reviewed Engineer may identify additional documents, reports, studies, designs, drawings, calculations and data that will be critical to the success of the project. 2. Perform Sampling and Evaluate Existing Odor Control System 2.1 Install Continuous Odor Monitors Engineer will install five (5) OdalogTm continuous recording monitors to determine hydrogen sulfide gas concentrations at selected locations. After one week the monitors will be retrieved by Engineer and downloaded and analyzed. This will determine odor airstream hydrogen sulfide gas concentrations. 2.2 Perform Grab Sampling (VOC's and Reduced Sulfur Compounds) Engineer will perform grab sampling for selected volatile organic odor compounds (VOC's) and reduced sulfur odor compounds (RSC's) at selected sites. Up to 20 different grab samples and analysis will be performed to determine odor airstream characterization. EXHIBIT "A -1" Page 1 of 4 2.3 Inspect and Test Existing Odor Control System Engineer will measure airflows and pressures in the ducts, inspect ductwork and connections and identify issues of concern. 2.4 Perform Dig -Down Test on Bohn Biofilter Media Engineer will perform a physical dig -down test into the existing biofilter to determine media condition, measure airflow and assess the performance of the biofilter. 2.5 Sample Dissolved Sulfide Engineer will sample and measure dissolved sulfide ion concentration (up to 20 samples) wastewater at the influent lift station and other selected locations throughout the plant. 3. Evaluate Test Data Engineer will download continuous monitoring data and chart for analysis. Minimum average and maximum hydrogen sulfide gas concentrations will be indentifled for the locations tested. 3.1 Calculate Required Airflow Engineer will calculate enclosed tankage air volumes and determine minimum required air extraction rates to maintain a negative pressure. Air exchange rates will be compared against NFPA 820 guidelines and adjustments noted for final design. With the combination of odor concentration and airflow rates Engineer will calculate the hydrogen sulfide and VOC concentrations in airstream to be treated. 4. Evaluate Odor Control Alternatives 4.1 Engineer will evaluate possible chemical addition for control of some of the odors at the Greenwood Wastewater Treatment Plant including the calculation of stoichiometric chemical usage rates and costs of five (5) of the most commonly used odor control chemicals for domestic wastewater. The calculations will be based upon dissolved sulfide sampling data at the influent lift station. 4.2 Ventilation Controls Engineer will evaluate ventilation controls and odorous air treatment for odors including the existing odor control system and any additional odor control systems as may be necessary. Engineer will calculate airflow and odor concentrations for ventilation controls and identify feasible technologies capable of effectively treating the odor compounds present. EXHIBIT "A -1" Page 2 of 4 Engineer will select up to three commonly used, effective odor treatment technologies based upon the anticipated life -cycle cost and perform a more detailed level 4 cost estimate. 4.3 Process Modifications Engineer will identify possible process modifications which may reduce or eliminate odor sources and evaluate each modification for effectiveness. Where appropriate, Engineer will calculate budget level cost estimates to implement process modifications. 5. Progress Modifications 5.1 Present Findings Engineer will present the findings of Tasks 1 through 4 to City staff at a one -day workshop. The results of the sampling, analysis, inspections and evaluation of odor control technologies will be presented. 5.2 Discuss Odor Control Strategies The presentation discussion is intended to inform and elicit comments from City staff as to the applicability and acceptance of the proposed control strategy. Utilities, power, labor, chemicals and Operating costs of the various technologies will be discussed for applicability to the Greenwood Wastewater Treatment Plant. 5.3 Confirm Design Assumptions The goal of the workshop will be to confirm the design assumptions and approve odor control technologies to assure that operations staff are comfortable with any new technology. 6. Prepare Preliminary Engineering Letter Report (PER) 6.1 Prepare Sketches and Graphics Engineer will prepare graphs of the monitoring charts, conceptual sketches of site layout, utilities connections and duct runs of any improvements for inclusion in the report. 6.2 Prepare Draft PER Engineer will prepare a draft Preliminary Engineering Report which includes discussions of the methods and materials used in the analysis and evaluation if odor controls for the Greenwood Wastewater Treatment Plant. The report will also include a discussion of the data manipulation and analysis of alternative odor controls applicable to the Greenwood Wastewater Treatment Plant. EXHIBIT "A -1" Page 3 of 4 Finally, the report will present level 4 cost estimates for the most feasible odor controls at the plant given the current conditions. Engineer will deliver an electronic of a draft PER for review. 6.3 Revise Draft PER Engineer will receive one round of comments on the draft PER and incorporate and address these comments in the final PER. 6.4 Issue Final PER Engineer will issue 10 hardcopies and an electronic form of the final PER within two weeks of receiving comments on the draft. EXHIBIT "A -1" Page 4 of 4 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 URANCE 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 K-TjV needng DataExchangeUENNIFER%FORMSIE Audit 8 for Lerge.Aom $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 I 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. Bests 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 "" Page 2 of 33 K TNineering DataExchangeWENN [FERIFORMS1E)Nbit 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 3of3 K1Engineefing DataExdwge%JENNIFER%FORM51 Exhibit B for LeMe.docx ellIL k� 5 coo H CID a M °C" page I of 1 $tl► j Cal ds Q OCR R 0 0 o c o& Rol 0 1 1OO or_ �� Q C4,L coo M i Coco coo H CID a M °C" page I of 1 SUM UER NUMBER PuRCHASING DIVISION CITE' OF CORPUS CHRISTI City of Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112. as amended, requires all persons or Finns seeking to do Prosiness with the City to provide the following infonnation. Every question must be answered. If the question is not alal�licable. answer Mill "NF's ". See reverse side for Filing Requirements.. Certifications and definitions. COMPANY ANY NAM : Coym, Itchtnct & f utierrc7 L.P. VDIUM STREET ADDRESS: 565 South Staples St.. Suite 230 CITY: Corpus Christi ZIP: 784(l FIRM 1S: 1. Corporation ® ?. Vannership 3. Sole Owner 4. Association 7. Other B 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 Carpets Christi Having an "ownership interest" constitutinor 3% or more of the ownership to the above named "firm." Name Job Title and City De partineiat { f known) 3. Mute the names of each "official- of the City of Corpus Christi having an "ownership interest" constituting 3% or more of tile ownership id the above named ``frost. Name Title 3. State the names of each "board niernbeC of the Cite of Corpus Christi havi '' g an "ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Board,. Commission or Committee 4. State the names of each employee or officer of a "coras,tiltant" for the City of Corpus Christi who worked on any matter rclate.d 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 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, emplo�yyeeee 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)1 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: 3e�� COYA Title: PArtntf' (Type or Prior) Signature of Certifying Date: Person: DEFINITIONS a. "Board member:' A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm" Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. FAR • Y�t AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of June 11, 2013 Action Agenda Item for the City Council Meeting of June 25, 2013 DATE: May 29, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS WITH TXDOT FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation ( TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of $5,500. PURPOSE: TXDOT has deemed it necessary to make certain highway improvements on FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, which will necessitate the acquisition of certain right -of -way and the relocating and adjusting of utilities. The City of Corpus Christi is required to contribute 10% of the cost of right -of -way acquisition, reimbursable utility adjustments and joint bid reimbursable utility adjustments. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project to acquire right -of -way for the FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard. This agreement also includes the City's share for reimbursement of relocating and adjusting utilities in conflict with the newly acquired right - of -way. This will include City and non -city utilities which are currently outside the existing right -of -way but will be within the newly acquired right -of -way. The cost for relocating city utilities within the newly acquired project right -of -way, will be fully reimbursed by TXDOT after work is complete and costs are known. K: \ENGINEERING DATAEXCHANGE \VELMAP \TXDOT \E12075 FM 43 AND 286 UTILITY ADJUSTMENTS \TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS \AGENDA MEMO - FM 43 FROM SH 286 TO YORKTWON BLVD.DOCX The City of Corpus Christi will contribute $5,500 for right -of -way acquisition and reimbursement of eligible utility adjustments. The City of Corpus Christi contribution includes the cost of acquiring the right -of -way and relocating or adjusting utilities for the proper improvement of the State Highway System, due upon full execution of the Agreement to Contribute Right -of -Way. ALTERNATIVES: 1. Approve the Resolution for the Agreement to Contribute Right of Way Funds which will allow TXDOT to continue with right -of -way acquisition. 2. Do not approve the Resolution for the Agreement to Contribute Right of Way Funds. OTHER CONSIDERATIONS: This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub - chapter E, Rule 15.55. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Street 12 Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,150,000.00 $1,150,000.00 Encumbered / $951,639.90 $951,639.90 Expended Amount This item $5,500.00 $5,500.00 BALANCE $192,860.10 $192,860.10 Fund(s): Bond Issue 2012, Proposition No. 1 Streets, Streets CIP Project No. 21 Future TXDOT Participation Comments: This project will be funded by Bond Issue 2012 Future TXDOT Participation. TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $5,500. This is an estimate; and the final amount of the City's participation will be based on actual costs. RECOMMENDATION: It is recommended to execute the Agreement to Contribute Right -of -Way Funds with the Texas Department of Transportation ( TXDOT) for the project's scope of TXDOT's FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of $5,500. K: \ENGINEERING DATAEXCHANGE \VELMAP \TXDOT \E12075 FM 43 AND 286 UTILITY ADJUSTMENTS \TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS \AGENDA MEMO - FM 43 FROM SH 286 TO YORKTWON BLVD.DOCX LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Agreement K: \ENGINEERING DATAEXCHANGE \VELMAP \TXDOT \E12075 FM 43 AND 286 UTILITY ADJUSTMENTS \TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS \AGENDA MEMO - FM 43 FROM SH 286 TO YORKTWON BLVD.DOCX File : \ Mproject \councilexhibits \exhEl2075.dwg PROJECT #E12075 NOT TO SCALE FM 43 from SH 286 to Yorktown Boulevard Street Right of Way and Utilities Adjustment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard, with the City's participation in the amount of $5,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 43 (Weber Road) from SH 286 (Chapman Ranch Road) to Yorktown Boulevard. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Agreement, including minor amendments thereto. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District Corpus Christi (16) ROW CSJ: 1557 - 01-040 CCSJ: 1557 - 01-037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State ", and the City of Corpus Christi, Texas, acting through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No.FM 43 from SH 286 to Yorktown Blvd., and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities, called the "Project"; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: Agreement to Contribute ROW Funds Page 1 of 11 Revised 08130/2011 County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01-040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall contribute to the State the amount shown in Attachment C for its percentage of the total cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualfcation for the Texas Department of Transportation. The Local Government shall provide the certificate of qualfcation to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Agreement to Contribute ROW Funds Page 2 of 11 Revised 08130/2011 E. F. G. H. J. County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. The total cost of the right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal, or adjustment of eligible utilities. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government or the State will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Govemment's contractual obligations to the State under another agreement with approval-by appropriate personnel of the Local Government. If the Local Government contributes real property under this agreement, this refund provision is subject to the limitation described below in Article 4 (Real Property in Lieu of Monetary Payment). The State will not pay interest on any funds provided by the Local Government. In the event any existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re- plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100 %) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future; or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. If the Project has been approved for a "fixed price" or an "incremental payment° non- standard funding or payment arrangement under 43 TAG §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. Agreement to Contribute ROW Funds Page 3 of 11 Revised 08 /30/2011 County: Nueces City: City of Corpus Christi_ Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State.. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the. Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: Agreement to Contribute ROW Funds Page 4 of 11 Revised 08/30 /2011 Local The Honorable Nelda Martinez Mayor of the City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development State: Director of Right of Way Division Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. 7. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be .held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Govemment agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts. and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Agreement to Contribute ROW Funds Page 5 of 11 Revised 08130/2011 County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. Agreement to Contribute ROW Funds Page 6 of 11 Revised 08/30/2011 County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally Approved Disadvantaged Business Enterprise by Entity and attachments found at web address htto : //bcdot.gov/business/business outreach /mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in award and administration of DOT - assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to Agreement to Contribute ROW Funds Page 7 of 11 Revised 08/3012011 County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub - recipient, or sub - contractor shall not discriminate on the -basis of race, color, national origin, or sex in the performance of this contract. The contractor shall cant' out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to cant' out these requirements is a material breach of this agreement; which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in .Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension.' By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Agreement to Contribute ROW Funds Page 8 of 11 Revised 08/30/2011 County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub - awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: httn: / /edocket.access.-Qpo.gov /2010 /pdf /2010- 22705.12df and http: / /edocket. access. ggo.gov /2010/pdf/2010- 22706.0f. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web -site whose address is: httns : //www.bt)n.aovhxr /de%ult.aspx; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine - character number that allows the Federal government to track the . distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on- line registration website htt2: /1fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State it i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Agreement to Contribute ROW Funds Page 9 of 11 Revised 0813012011 County: Nueces City: City of Corpus Christi Code Chart 64: #09800 District: Corpus Christi (18) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TXDOT s Audit Office at http: //www.txdot.gov /contact us/audit:htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as foliows: 'We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY D. For each year the project remains open for federal funding expenditures; -the Local Government will be responsible for filing a report or statement. as described above.' The required annual filing shall extend throughout the life of the agreement, unless otherwise, amended or the project has been formally closed out and no charges`have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Agreement to Contribute ROW Funds Page 10 of 11 Revised 08/30/2011 County: Nueces City: City of Corpus Christi Code Chart 64: # 08800 District: Corpus Christi (16) ROW CSJ: 1557- 01-040 CCSJ: 1557- 01-037 Federal Project * Federal Highway Administration CFDA # 20.205 Not Research and Development THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS John P. Campbell, P.E. Director, Right of Way Division Texas Department of Transportation Date Agreement to Contribute ROW Funds Page 11 of 11 Revised 08/30)2011 County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1 557 -01 -037 Federal Project* Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Agreement to Contribute ROW Funds Page 1 of 1 Attachment A County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 - 01-040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT This agreement covers only Parcel 2, and compensable utility adjustments which are located in the City Limits of Corpus Christi. Agreement to Contribute ROW Funds Page 1 of 2 Attachment C s a J i I A. Z a a a Q YM iyavi: t h cIl > t Ln _-i 1 T]Qi:,IL N:Q / E a$ osa �xap s 1 $ .Y.qAQ$ a ii9 1Eli 1 28s ti 1 ! 1 4� q Ire NO z 0 W P[� 4 C' 4 O O O0 / °a /may~ ° o 0 w p p o �Foa�ao� 0 000 Ao w o A 3: � �N W 0 0 n w of vu z V Wrl Y L Y LL- YM iyavi: t h cIl > t Ln _-i 1 T]Qi:,IL N:Q / E a$ osa �xap s 1 $ .Y.qAQ$ a ii9 1Eli 1 28s ti 1 ! 1 4� q Ire NO County: Nueces City: City of Corpus Christi Code Chart 64: # 09800 District: Corpus Christi (16) ROW CSJ: 1557 -01 -040 CCSJ: 1557 -01 -037 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE Agreement to Contribute ROW Funds Page 1 of 2 Attachment C FM 43: From SH 286 to Yorktown Blvd. County: Nueces County RCSJ:1557 -01 -040 CCSJ:1557 -01 -037 Local Government: City of Corpus Christi Standard Agreement to Contribute State Performs Work Attachment C ! cost U % I cost' -... off, Right of Way $ 5,000.0 90% $ 4,500.0 10% $ 500.0 c uisition This is an estimate. The final amount of Local Govemment participation will be based on actual costs. R:\PrqjecLDelivery\ROW\RSM\LPA and PROJECT INFORMATION\CRP LPA Agreements \1557 -01 - 040 Attachment C - Funding Schedule - Corpus Christi (3- 11- 13).doc Rev. 02/022012 FAR • Y�t AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of June 11, 2013 Action Agenda Item for the City Council Meeting of June 25, 2013 DATE: May 31, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS WITH TXDOT FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation ( TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of $67,000. PURPOSE: TXDOT has deemed it necessary to make certain highway improvements on FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway Intersection which will necessitate the acquisition of certain right -of -way and the relocating and adjusting of utilities. The City of Corpus Christi is required to contribute 10% of the cost of right -of -way acquisition, reimbursable utility adjustments and joint bid reimbursable utility adjustments. BACKGROUND AND FINDINGS: The proposed project is a TXDOT project to acquire right -of -way for FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway Intersection. This agreement includes the City's share for reimbursement of relocating and adjusting utilities in conflict with the newly acquired right - of -way. This will include City and non -city utilities which are currently outside the existing right -of -way but will be within the newly acquired right -of -way. The cost for relocating city utilities within the newly acquired project right -of -way will be fully reimbursed by TXDOT after work is complete and costs are known. K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E12076 FM 2444 SUE AND ADJUSTMENTS \TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS \AGENDA MEMO - FM 2444 FROM SH 286 TO OSO PARKWAY INTERSECTION.DOCX The City of Corpus Christi will contribute $67,000 for right -of -way acquisition and reimbursement of eligible utility adjustments. The City of Corpus Christi contribution includes the cost of acquiring the right -of -way and relocating or adjusting utilities for the proper improvement of the State Highway System, due upon full execution of the Agreement to Contribute Right -of -Way. ALTERNATIVES: 1. Approve the Resolution for the Agreement to Contribute Right of Way Funds which will allow TXDOT to continue with right -of -way acquisition. 2. Do not approve the Resolution for the Agreement to Contribute Right of Way Funds. OTHER CONSIDERATIONS: This project is subject to Title 43 of the Texas Administrative Code, Part 1, Chapter 15, Sub - chapter E, Rule 15.55. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY /NON- EMERGENCY: Not applicable. DEPARTMENTALCLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Street 12 Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $1,150,000.00 $1,150,000.00 Encumbered / $951,639.90 $951,639.90 Expended Amount This item $67,000.00 $67,000.00 BALANCE $131,360.10 $131,360.10 Fund(s): Bond Issue 2012, Proposition No. 1 Streets, Streets CIP Project No. 21 Future TXDOT Participation Comments: This project will be funded by Bond Issue 2012 Future TXDOT Participation. TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $67,000. This is an estimate; and the final amount of the City's participation will be based on actual costs. RECOMMENDATION: It is recommended to execute the Agreement to Contribute Right -of -Way Funds with TXDOT for the project's scope of TXDOT's FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of $67,000. K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E12076 FM 2444 SUE AND ADJUSTMENTS \TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS \AGENDA MEMO - FM 2444 FROM SH 286 TO OSO PARKWAY INTERSECTION.DOCX LIST OF SUPPORTING DOCUMENTS: Location Map Resolution Agreement K: \ENGINEERING DATAEXC HANG E \VELMAP \TXDOT \E12076 FM 2444 SUE AND ADJUSTMENTS \TXDOT AGREEMENT TO CONTRIBUTE ROW FUNDS \AGENDA MEMO - FM 2444 FROM SH 286 TO OSO PARKWAY INTERSECTION.DOCX File : \ Mproject \councilexhibits \exhEl2076.dwg PROJECT #E12076 NOT TO SCALE FM 2444 from SH 286 to Oso Parkway Intersection Street Right of Way and Utilities Adjustment CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager, or designee, to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway, with the City's participation in the amount of $67,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an Agreement to Contribute Right of Way Funds with the Texas Department of Transportation (TXDOT) for the acquisition of certain rights of way and the relocating and adjusting of utilities within the project's scope of FM 2444 (Staples Street) from SH 286 (Chapman Ranch Road) to Oso Parkway. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Agreement, including minor amendments thereto. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 - 01-036 Federal Project P. Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF NUECES § AGREEMENT TO CONTRIBUTE RIGHT OF WAY FUNDS THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State ", and City of Corpus Christi, Texas, acting through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish that the State shall design, construct, and operate a system of highways in cooperation with local governments; and WHEREAS, Texas Transportation Code, §§ 201.209 authorizes the State and a Local Government to enter into agreements in accordance with Texas Government Code, Chapter 791; and WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No.FM 2444 from SH 286 to Oso Parkway Intersection, and this section of highway improvements will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities, called the "Project "; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for this highway project; and WHEREAS, the Local Government desires to contribute to the State funding participation as defined in 43 TAC §15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the proper improvement of the State Highway System; WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 20_, which is attached to and made a part of this agreement as Attachment A. A map showing the Project location appears in Attachment B. which is attached to and made a part of this agreement. NOW THEREFORE, the State and the Local Government do agree as follows: Agreement to Contribute ROW Funds Page 1 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Agreement Period This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Termination This agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or C. The Project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in Attachment C, Project Budget Estimate and Payment Schedule, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties is shown in Attachment C. The Local Government shall contribute to the State the amount shown in Attachment C for its percentage of the total cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check for the amount and according to the payment schedule shown in Attachment C. B. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. C. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may.deny Agreement to Contribute ROW Funds Page 2 of 10 Revised 08/3012011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development reimbursement if the Local Government has not designated a qualified individual to oversee the Project. D. The total cost of the right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal, or adjustment of eligible utilities. E. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to this highway project. F. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government or the State will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another agreement with approval by appropriate personnel of the Local Government. If the Local Government contributes real property under this agreement, this refund provision is subject to the limitation described below in Article 4 (Real Property in Lieu of Monetary Payment). G. The State will not pay interest on any funds provided by the Local Government. H. In the event any existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility requirements, is more restrictive than State or federal regulations, or any other locally proposed change, including, but not limited to, plats or re- plats, results in any increased costs to the State, then the Local Government will pay one hundred percent (100 %) of all those increased costs, even if the applicable county qualifies as an Economically Disadvantaged County (EDC). The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, commissioner's court order, rule, policy, or other directive will be determined by the State at its sole discretion. I. If the Local Government is an EDC and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. J. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. 4. Real Property in Lieu of Monetary Payment A. Contributions of real property may be credited to the Local Government's funding obligation for the cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the Local Government to the State shall be based on the property's fair Agreement to Contribute ROW Funds Page 3 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01.037 CCSJ # 2343 -01 -036 Federal Project M Federal Highway Administration CFDA # 20.205 Not Research and Development market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The amount of any credit for real property contributed for this project is clearly shown in Attachment C. B. The Local Government will provide to the State all documentation to support the determined fair market value of the donated property. This documentation shall include an appraisal of the property by a licensed appraiser approved by the State. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. C. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete this project, has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Govemmenfs funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. D. In the event the Local Govemment's monetary contributions to the State for acquisition of right of way, when added to its real property credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written supplemental agreement. 6. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, to the following addresses: Agreement to Contribute ROW Funds Page 4 of 10 Revised 08/30/2011 Local Government: The Honorable Nelda Martinez Mayor of the City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development State: Director of Right of Way Division Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail and that request shall be honored and carried out by the other party. 7. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 10. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. Agreement to Contribute ROW Funds Page 5 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 - 01-037 CCSJ # 2343 - 01-036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development 11. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the subject matter of this agreement. 12. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Govemment. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 13. Inspection of Books and Records The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHWA) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 14. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 15. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. Agreement to Contribute ROW Funds Page 6 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project* Federal Highway Administration CFDA # 20.205 Not Research and Development 16. Civil Rights Compliance The parties to this agreement shall comply with the regulations of the U.S. Department of Transportation as they relate to nondiscrimination (49 CFR Part 21 and 23 CFR Part 200). and Executive Order 11246 titled °Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 17. Applicability of Federal Provisions Articles 18 through 23 only apply if Federal funding is used in the acquisition of right of way or the adjustment of utilities. 18. Office of Management and Budget (OMB) Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 19. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the DBE Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision - making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally - Approved Disadvantaged Business Enterprise by Entity and attachments found at web address htty: / /txdot.gov/business /business outreach /mou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in award and administration of DOT - assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is.incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under Agreement to Contribute ROW Funds Page 7 of 10 Revised 08/3012011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986 (31 USC 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry our these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 20. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the Local Government certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The< parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 21. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Agreement to Contribute ROW Funds Page 8 of 10 Revised 08130/2011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development C. The parties shall require that the language of this certification shall be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and all sub - recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 USC §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 22. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act and implementing regulations at 2 CFR Part 170, including Appendix A_ This agreement is subject to the following award terms: http: / /edocket. access. gpo.gov /2010/pdf/2010- 22705.pdf and http: / /edocket.access.g po.cov /2010 /pdf/2010- 22706. pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a Central Contracting Registry (CCR) number (Federal Acquisition Regulation, Part 4, Sub -part 4.1100) if this award provides for more than $25,000 in Federal funding. The CCR number may be obtained by visiting the CCR web -site whose address is: hfps : //www.bpn.gov /ccr /defauk.aspx; 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine- character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet on- line registration website.hftp://fedoov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if I. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 23. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT's Audit Office at http: //www.txdot.gov /contact us /audit.htm. C. If expenditures are less than $500,000 during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: 'We did not meet the $500,000 expenditure threshold and therefore, are not required to have a single audit performed for FY " Agreement to Contribute ROW Funds Page 9 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS John P. Campbell, P.E. Director, Right of Way Division Texas Department of Transportation Date Agreement to Contribute ROW Funds Page 10 of 10 Revised 08/30/2011 County: Nueces District Corpus Christi (16) ROW CSJ # 2343-01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Agreement to Contribute ROW Funds Page 1 of 1 Attachment A County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B LOCATION MAP SHOWING PROJECT This agreement covers only Parcels 9, 10, 11, 12, and 16, and the compensable utility adjustments which are located East of County Road 41 in the City Limits of Corpus Christi. Note that Parcels 13, 14, and 15 are recorded street dedications owned by the City of Corpus Christi. Agreement to Contribute ROW Funds Page 1 of 1 Attachment B -..�.. - � • � k,, � a � a � ><i � a a 1. ' -4�-tl ►g 1 e ^ ail �1TY 1 i 1 z ' o la a Ey I� W Y a v, �• w 1 aac wz « «s ------- - - - -;- - - - - - - - - - a o-o p Q � � r� nn �. 1 �•• i O R. 013 V) Ln • " ^ ^ 1 A• NN �1 , • 11 O V W SS -!7 1 N / I AA O Y Y 1 I EI z qTw j YC II 1 0,. N Z ' W a 6 F.. - 1LL. d L J 1 - 1 � ww 1 1 �•" 1 1 1 1 1 flair � .94 5 �9 .. to pop County: Nueces District Corpus Christi (16) ROW CSJ # 2343 -01 -037 CCSJ # 2343 -01 -036 Federal Project #: Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND PAYMENT SCHEDULE Agreement to Contribute ROW Funds Page 1 of 1 Attachment C FM 2444: From SH 286 to Oso Parkway Intersesction County: Nueces County RCSJ:2343 -01 -037 CCSJ:2343 -01 -036 Local Government: City of Corpus Christi Standard Agreement to Contribute State Performs Work Attachment C criph6n Totsil Est M-0 State Rart%j ikon Cos #. °do Cast Lo opt' Pa rx„ a�, Right of Way Acquisition $ 170,000.00 90% $153,000.0 10% $17,000.0 Reimbursable Utility Adjustments $ 500,000-Oc 90% $ 450,000.0 10% $ 50,000.0 Joint Bid Reimbursable Utility Adjustments $C 90% $ 10% $ $ 0% $ 0% $ $ 0% $ 0% $ $ 0% $ 0% $ $ 0% $ 0% $ $ 0% $1 0% $ LTAL $ 67000:0 , 9.0% $ 603,000.0 _ 0% $ �%MOt;1 This is an estimate. The final amount of Local Government participation will be based on actual costs. R:1Project_Delivery\ROW1RSMILPA and PROJECT INFORMATIONICRP LPA Agreements12343 -01 -037 Attachment C - Funding Schedule - City of CC.docRev. 02/02/2012 Z Texas epartmranspa ion Why Improvements Are Needed for FM 2444 (Staples Street) FM 2444, from Oso Parkway to SH 286 (Chapman Ranch Road) serves both local and commuter traffic traveling to SH 286, downtown, Kingsville and the Rio Grande Valley. Residential growth and development in the area has increased the number of vehicles on the road. As traffic and congestion increases, upgrades are needed to improve the safety and mobility of the roadway. In addition, recent flooding events have led to the over - topping of the roadway with water from the Oso Creek. By raising the elevation of the roadway in this area drainage can be improved and would reduce the frequency of flooding. Project Purpose The purpose of the project is to improve safety, drainage and reduce congestion along FM 2444 from SH 286 to Oso Parkway. Construction would be completed in phases. The initial (interim) phase would be built to meet today's traffic and safety needs. Additional (ultimate) improvements would be built in the future as needed to address increasing traffic and development. Initial /Interim Improvements: (Project design details available on Corpus Christi Metropolitan Planning Organization website) • The addition of a travel lane in each direction from SH 286 to Oso Parkway. • The addition of shoulders from SH 286 to the South Texas Botanical Gardens entrance. • A continuous center turn lane from SH 286 to just east of the South Texas Botanical Gardens entrance. • A center median from just east of the South Texas Botanical Gardens entrance to Oso Parkway. • A traffic signal at SH 286, at Kitty Hawk/Country Creek Road, and at Oso Parkway. • A new bridge east of the South Texas Botanical Gardens. • Sidewalks from CR 43 to Oso Parkway. • Curb and gutter and an underground storm drain system for drainage from CR 43 to just east of the South Texas Botanical Gardens. Ultimate improvements when needed in the future: • Complete the upgrade of the roadway to a boulevard section with a raised center median and left turn openings at street intersections. • Extend sidewalk, curb and gutter and underground storm drain system to SH 286 Project Timeline Completion of Environmental Studies — Summer 2013 Project let for construction — August 2013 Construction is expected to last about 2 years. Project Construction Approximately 12.4 acres of additional ROW would be acquired. The estimated construction cost for the 3.5 mile long project is approximately $20 million. Public Input TxDOT encourages public input. Comments and /or concerns may be directed to: Rickey Dailey Public Information Officer 361- 808 -2544 icke .DaileyP xdot.emv Christopher Amy Environmental Specialist 361- 808 -2376 Christoher.AmyCatxdot.00v DATE: May 29, 2013 TO: Mayor Martinez and Council Members FROM: Armando Chapa, City Secretary armandoc@cctexas.com 361- 826 -3105 BACKGROUND: AGENDA MEMORANDUM for the City Council Meeting of June 11, 2013 BRIEFING City Council Policy regarding Board Recommendations At the City Council Retreat, a concern was raised regarding the practice of requesting recommendations for appointments from the affected boards, commissions and committees. This practice is pursuant to the following City Council Policy, which states: City Council Policy No. 14, Boards, commissions, and committee procedures Recommendations for appointments will be solicited from the affected Boards, Commissions, and Committees This policy has been in existence since March 1988 and affects only City boards, commissions and committees. Attached for your review is a list of City boards, commissions and committees and their authority. RECOMMENDATION: The purpose of this briefing is to receive Council input and direction on the current policy. Some options are: • Delete the policy altogether • Restrict policy to only those boards with Advisory responsibility only • Restrict policy to specific boards as selected by the Council • Continue with current policy City Committees with Advisory Authority Only Advisory Committee on Community Pride Airport Board Animal Control Advisory Committee Arts & Cultural Commission City Council's Youth Advisory Committee Clean City Advisory Committee Commission on Children & Youth Committee for Persons with Disabilities Community Youth Development (78415) Food Service Advisory Committee Island Strategic Action Committee Leadership Committee for Senior Services Library Board Marina Advisory Committee Mayor's Fitness Council Museum of Science & History Board Oil & Gas Advisory Committee Park and Recreation Advisory Committee Parking Advisory Committee Retired and Senior Volunteer Program Advisory Committee Senior Companion Program Advisory Committee Sister City Committee Transportation Advisory Committee Tree Advisory Committee Water Resources Advisory Committee Watershore and Beach Advisory Committee City Boards /Commissions with Limited or Final Authority Boardof Adjustment ............................................................................. ............................... Fin Building Code Board of Appeals ....................................................... ............................... LimitE Building Standards Board ................................................................. ............................... LimitE Cable Communications Commission ................................................ ............................... LimitE CivilService Board ........................................................................... ............................... LimitE Civil Service Commission ..................................................................... ............................... Fin Electrical Advisory Board .................................................................. ............................... LimitE EthicsCommission ........................................................................... ............................... LimitE Human Relations Commission ......................................................... ............................... LimitE Landmark Commission ..................................................................... ............................... LimitE Mechanical /Plumbing Advisory Board .............................................. ............................... LimitE Pipeline Review Panel ...................................................................... ............................... LimitE Planning Commission ....................................................................... ............................... LimitE DATE: 5/31113 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826 -3932 AGENDA MEMORANDUM for the City Council Meeting of June 11, 2013 Presentation regarding evacuation procedures during an imminent threat of a hurricane. STAFF PRESENTERLSIN Name 1. Billy Delgado 2. Richie Quintero 3. OUTSIDE PRESENTER(S): Namur 1. None 2. 3. BACKGROUND: Title/Position Department Emergency Management Coordinator Fire Deputy Fire Chief Fire Title/Position Organization The City's Emergency Operations Center (EOC) is a central location where government can provide interagency coordination and executive decision making for managing an orderly evacuation of the citizens of Corpus Christi and Nueces County during an imminent threat of a hurricane. Plans have now been developed which identify evacuation routes, available transportation resources and citizens who will need assistance in evacuation. PowerPoint Presentation cva • I 4-6 un E L- 0 +j V) • • • • • m 6m4F 0 I • Rl c� a Q w y � 8 K 0 ® L • y! c Cll W { jy t�► /C� C o � /��iyV�7 -0 m cu t� [�0 Iiir +v f Vr e w� 0 c CL QJ WI 1 LIJ 0 0 0 a f f i il! ! CL • 1 1 ai • ! +� f r • !i ! ! CL LL- r +1 i i ! 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