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Agenda Packet City Council - 07/30/2013
Corpus Christi 1201 Leopard Street � • p Corpus Christi,TX 78401 cctexas.com j C mis f: IJ Meeting Agenda - Final City Council Tuesday,July 30,2013 11:30 AM 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 Jeanne Gardiner, Unity by the Sea Church C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 13-000704 Proclamation declaring August 2013 as "National Immunization Awareness Month" 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 713012013 City Council Meeting Agenda-Final July 30,2013 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®000709 Executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the lease of real property because deliberations in an open session would have detrimental effect on the position of the City in negotiations with a third party, with possible discussion and action in open session. I. MINUTES: 3. 13®000705 Approval of Regular Meeting of July 16, 2013 and Regular Meeting of July 23, 2013 Attachments: Minutes-July 16, 2013 Minutes.:July 23, 2013 J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. 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 Corpus Christi Page 2 Printed on 713012013 City Council Meeting Agenda-Final July 30,2013 reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 4 -24) 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. 4. 13-000639 Service Agreement for custodial services at Police Department Motion approving a service agreement with ABM Janitorial Services - South Central Inc., San Antonio, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI-0161-13 based on low responsible bid for an estimated annual expenditure of$85,500. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012-2013 and will be requested during the normal FY 2013-2014 budget approval process. Attachments: Agenda Memo-Custodial Senrices.pdf Bid Tabulation-Custodial Services.ndf Service Agreement-Custodial Services.�df 5. 13-000633 Purchase of Law Enforcement Firearms &Accessories Motion approving the purchase of firearms and accessories from Smith &Wesson Corporation, Springfield, Massachusetts, based on sole source, in the amount of$91,395. Funds are budgeted in the Police and Fire departments' FY 2012-2013 budgets. Attachments: Agenda Memo- Law Enforcement Firearms&Accessories Price Sheet- Law Enforcement Firearms&Accessories 6. 13-000658 Purchase of six vehicles for Fire Department use Motion approving the purchase of four (4) Chevrolet Tahoes and two (2) Ford Explorers from Caldwell Country Chevrolet/Ford, Caldwell, Texas for a total amount of$152,222. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and the State of Texas Cooperative Purchasing Program. Funding is available in the FY 2012-2013 of the Fire Department Fund. Attachments: Agenda Memo- Vehicles.p df Price Sheet-Vehicles.cdf Corpus Christi Page 3 Printed on 713012013 City Council Meeting Agenda-Final July 30,2013 7. 13-000662 Purchase and Installation of Fire Alarm Systems for Senior Centers Motion approving the purchase and installation of four(4) fire alarm systems from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of$64,958.00. Funds have been budgeted by the Parks and Recreation Department in FY 2012- 2013. Attachments: Agenda Memo- Fire Alarm Systems.r�df Price Sheet- Fire Alarm Systems.�df 8. 13-000640 Purchase of Water Truck Motion approving the purchase of one (1) 2,000 gallon Water Truck from Corpus Christi Freightliner, Corpus Christi, TX for a total amount of $88,800.00. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council. The equipment will be used by the City's Water Department. This unit is an addition to the fleet. Funds are available from the Water Department Fund No. 4010. Attachments: Agenda Memo-Water Truck Price Sheet-Water Truck 9. 13-000649 Contingency service agreement for Hurricane/Storm Disaster Recovery Services Motion awarding a contingency service agreement with CrowderGulf, LLC, Theodore Alabama, to provide hurricane disaster recovery operation services, in accordance with Bid Invitation No. BI-0167-13, based on most advantageous proposal, for an estimated event expenditure of $62,620,440. The term of the contract will be for five years. Attachments: Award Memo- Disaster Recovery Award Matrix- Disaster Recovery Service Agreement- Disaster Recovery 10. 13-000622 Supply Agreement for Library Books and Recordings Motion approving supply agreements with the following companies for the following amounts, for library books and recordings in accordance with Bid Invitation No. BI-0173-13, for an estimated annual expenditure of$300,000. Awards are based on lowest responsible bid; providing for secondary suppliers for Groups I and II. The term of the contracts will be for twelve months with an option to extend for up to four additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY 2012- 2013 and will be requested during the normal FY 2013-2014 budget approval process. Corpus Christi Page 4 Printed on 713012013 City Council Meeting Agenda'Final July 80.2018 Primary Secondary Secondary Baker& Taylor, Inc. Brodart Company Ingram Library Services, Inc. Charlotte, NC Williamsport, PA La Vergne, TN Groups: | -VU| Group: | Group: U Total: $290.000 Total: $5.000 Total: $5.000 Grand Total: $300,000 Bid Tabulation-SUpply Agreement for Library Books and Recor 11' 1%3-000385 Engineering Design Contract for construction phase services to support the Minor Street Indefinite Delivery/indefinite Quantity (IC)|Q) program Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering and Construction Management Services LLC from Corpus Christi, Texas in the amount of $85.600.00. for Indefinite Delivery/Indefinite Quantity Minor Street improvements Year Two. Attachments: Contract- Professional Services Minor Street I DIQ 12. 'C3-{00K}642 Engineering Design Contract Amendment No. 9 for the Mary Rhodes Pipeline Phase 2 Motion authorizing the City Manager, or designee, to execute Amendment No. S to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $195.664.00. fora total restated fee not to exceed $11.335.503.00 for Mary Rhodes Pipeline Phase 2. Attachments: Agenda Memo- MR Pipeline.p Project Budget- MR Pipeline.pdf 13. 1C3-{00K0608 Adopting m resolution for the acquisition of real property rights for the Holly Road Street Improvement Project -Gneennnood Dr. to (SH286) Crosstown Expressway, Bond 2008 A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of Corpus Christi Page Printed onnxmuom City Council Meeting Agenda-Final July 30,2013 parcels of land by fee simple title to the surface estate, utility easements, and temporary construction easements for a street improvement project known as the Holly Road Street Improvement Project which is to be generally located from Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation the parcels of land described herein by a single record vote of the City Council. Attachments: Agenda Memo-Acquisition of real propertst rights Map- Proiect Location.pdf List- Parcel Ownership.pdf Resolution -Acquisition of Real Property 14. 13®000587 Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 for Fiscal Year 2014 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide grant up to $50,000 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the SCORE Chapter 221 Small Business Incentives Agreement. Attachments: Agenda Memo-SCORE Resolution -SCORE Contract-SCORE Contract-SCORE Proiect Service Agreement 15. 13®000669 Setting Date to adopt the Property Tax Rate Motion setting September 10, 2013 as the date of the adoption of the ad valorem tax rate of$0.588797 per$100 valuation. Attachments: Agenda Memo-Ad Valorem Tax Rate Meeting d73013.pdf 16. 13®000670 Setting Public Hearing Dates for Ad Valorem Tax rate Motion setting a public hearing on the ad valorem tax rate for August 20, 2013 and a second public hearing for August 27, 2013, during the Corpus Christi Page 6 Printed on 713012013 City Council Meeting Agenda-Final July 30,2013 regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. Attachments: Agenda Memo-Ad Valorem Setting of Public Hearings 073013.pdf 17. 13-000621 Renewal of State and Federal external legislative consultant contracts Motion authorizing the City Manager to execute one year renewal agreements for governmental relation services with Focused Advocacy for stategovern mental relations services for$78,000 per year plus reasonable expenses and with Meyers &Associates for federal governmental relations services for$72,000 per year plus reasonable expenses. Attachments: Agenda memo- renewal of state&federal lobby contracts Focused Advocacy Contract Renewal 073013(11 Meyers Assoc renewal 073013[1] 18. 13-000631 Second Reading Ordinance - Rezoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, on property located east of Rancho Vista Boulevard East(1st Reading 7/23/13) Case No. 0613-01 Yorktown Oso Joint Venture: A change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rancho Vista Boulevard East, between Stampede Drive and Vaquero Drive. The rezoning also includes the associated PUD plat. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to six conditions. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Yorktown Oso Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with 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 7 Printed on 713012013 City Council Meeting Agenda'Final July 80.2018 Attachments: Agenda_Me o-York-town Oso Joint Venture 07032013 Mag,:-Aerial Overview Ordinance-0613-01 York-town Oso Joint Venture 19. ' 3-{X}0632 Second Reading Ordinance - Rezoning from the ^FR[' Farm Rural District tothe "RS-4.5" Single-Family 4.5 District, on property located mt74O1 and 7555Holly Road (1st Reading 7/23/13) Case No. 0613-02 Southside Ventures, : A change of zoning from the "FR" Farm Rural District tothe "RS-4.5" Single-Family 4.5 Diotriot, not resulting in a change tothe Future Land Use Plan. The porpertvto be rezoned is described as Lots 3. 4. and 5. Section 27, Flour Bluff and Enoina| Farm and Garden Tracts, located along the south side ofHolly Road. approximately 1.160 feet east ofRodd Field Road. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RG-4.5" Single-Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application bvGouthoide Ventures, LP.. acting ao agent on behalf of Palm Land Investments, Inc. ("Owner"), bv changing the UDC Zoning Map in reference to Lots 3. 4. and 5. Section 27, Flour Bluff and Enoina| Farm and Garden Tracts, from the "FR" Farm Rural District tothe "RG-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing fora repealer clause and publication. Map.:-Aerial Overview Ordinance-Southside Ventures 20' 13c{K}06�I2 Second Reading Ordinance -Accepting and appropriating Federal grant to combat drug trafficking (1st Reading 7/23/13) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant modification award inthe amount of$71.837 from the Executive Office of the Pneoident. Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HI DTA) for the salary and benefits ofafull-time program 000rdinator, one administrative aooiotant, overtime for Corpus Christi Police Officers, and lease vehicles; and appropriating the $71.837inthe No. 1061 Police Grants Fund. Corpus Christi Page Printed onnxmuom City Council Meeting Agenda'Final July 80.2018 Attachments: Aqenda_mem2z HIDTAsub rant 07.23.2013 Ordinance- HIDTA modified_qrant 2013- Police 21' .C3-{ 00(%30 Second Reading Ordinance -Appropriating funds from the sale of police handguns to police officers (1st Reading 7/23/13) Ordinance appropriating $87.526 in the General Fund No 1020 from the sale of Police handguns; and Amending the FY2012-2013Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020by $87.526 Attachments: Agenda memo-Appro saleof weapons funds 06 11 2013 Ordinance-Sale of guns-police-2013 22' 13-0X00485 Second Remding [}ndinmnoe -Appnoprimtingfundsfnommthe Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program (1st Reading 7/23/13) Ordinance appropriating $3.380.824 from the United States Department ofHonne|andGeourih/ - GtaffingforAdequateFineandEnnergenoy Response (SAFER) Grant Program, into the No. 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fine Department. Attachments: Award Lefter SAFER Grant Ordinance-SAFER 23' 1C3-{00K0607' Second Remding [}ndinmnoe - EngineeringDesignContnoot Amendment No. 1 for Cefe Vm|enzue|m [}utfm|| Modifications and On-Call Consulting Services (1st Reading 7/23/13) Ordinance amending the FY2013Capital Improvement Budget adopted by Ordinance No. 02S565toadd Project No. E11050CeN* Va|enzue|a {}utfa|| Modifications; transferring funds from Fund No. 3365Reserve Appropriation in the amount of$100.000to Project No. E11050CeN* Va|enzue|aDutha|| Modifioadonoand authorizing the City Manager or designee to execute Amendment No. 1to the Contract for Professional Services with HDR Engineering. Inc. of Corpus Christi, Texas in the amount of$69.800. for atotal restated fee not toexceed $116,200 for the Project No. E11050CeN* Va|enzue|aDutha|| Modifications and On-Call Consulting Services. Attachments: Pr �8�� Contract Ordinance.pdf Location Map.pd Corpus Christi Page Printed onnxmuom City Council Meeting Agenda'Final July 80.2018 24' 13-0X006%25 Second Remding [}ndinmnoe -Aooeptingmndmppnoprimting State grant for air quality planning (1st Reading 7?23V13) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of$442.300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. Attachments: Ordinance-TCEQ Air Quality Planning pdf M. PUBLIC HEARINGS: (ITEM 25) 25. 13-0X00654� Public Hearing and First Reading Ordinance -Amending the Unified Development Code and Code of Ordinances for sidewalk cafes and stneetaompe zones. Ordinance amending the Unified Development Code by revising subsections 1.11.3 - Defined Terms, subsection, 6.13.1 Gtneetooape Zone and Pedestrian Amenities; establishing a new subsection 6.13.1 - Permission to Use City Sidewalks; amending the City of Corpus Chriod, Texas, Code of Ordinances, by revising Section 49-2 - Obstructions Generally, and Section 49-6 - Gates opening across sidewalks; and providing for severance, pena|deo, and publication. Attachments: Agenda,_Me o-Sidewalk Cafe Ordinance-Sidewalk Cafe N. REGULAR AGENDA: (ITEMS 26 -33) The following items are motions, resolutions and ordinances that will bo considered and voted onindividually. SPECIAL BUDGET CONSIDERATION ITEMS (ITEMS 26 -30) 26. .%3-00X0647 Second Reading Ordinance -Adopting the Proposed Operating Budget for FY 2013 -2O14 (1st Reading 7/16/13) Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1. 2013; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Attachments: Agenda Memo-Adoption of FY 2013-2014 Operating Budget Second Reading Ordinance- FY 2013-2014 Budget Amendment Sheet Second Reading 7.30.13 27' 1C3-0X0085KI Second Reading Ordinance -Adopting the Proposed Capital Corpus Christi Page 10 Printed onnxmuom City Council Meeting Agenda'Final July 80.2018 Budget for FY 2O13 -2O14 (1st Reading 7/ 6/13) Ordinance approving the FY2014 Capital Budget and Capital Improvement Planning Guide in the amount of$294.964.300 Attachments: Agenda Memo-Adoption of FY 2013-2014 Capital Budget First Reading 7.16.1 Ordinance-Capital Budget 28' 13-0X0081U8 Second Reading Ordinance -Amending City code regarding water, gas, wastewater, and street maintenance rates and fees (1st Reading 7/16/13) Ordinance amending the Code of Ovdinanoeo. City of Corpus ChrioU, Chapter 66, regarding vvater, gao, vvaotevvater, and street maintenance rates and fees; oonoo|idating, oodifying, and adopting clarifying amendments of Ordinance No. 029876 and Ordinance No. 029877 regarding street maintenance fees; providing for pub|ioation, providing for severance, and providing effective date. Attachments: Agenda Memo- Proposed FY 2014 Utility Rate Change 7.12.13 Ordinance - Utility Rates and fees and SMP 29' 1%3-0D00K64k5 Second Reading Ordinance -Amending the Code of Ordinances to adopt new compensation notes (1st Reading 7/23/13) Ordinance amending Code of Ordinances, Chapter 39, Personnel, Article ||| Employee Classification and Compensation System ofthe Corpus Christi Code of Ordinances to adopt new compensation rates. Attachments: Agenda Memo- Personnel Ordinance Final 7.18.13 revised Redlined Ordinance- Personnel.Revised7.9.13 Ordinance- Personnel Final 7.12.13 30' 1%3-0X0059K9 Parks and Recreation FY14 new fees and fees increasing more than 25% Resolution adding new rental and recreational use N*eo for fiscal year 2013-2014 and providing for publication; effective date; and severance of the same. Attachments: Resolution -FY13 New fees Parks Recreation ExhibitA&B- FY14 Fees Parks and Recreation 31' 13c{K}0641 Resolution supporting Destination Bmnfnont Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan, Schematic Design and the phasing plan outlined therein prepared by Hargreaves Associates for the Destination Bayfrnnt Project ("Project"); directing staff to prepare an ordinance calling for a November 5. 2013 Election with language for a bond proposition to fund the construction of the Project; authorizing the Corpus Christi pave// Printed onnxmuom City Council Meeting Agenda'Final July 80.2018 City Manager or designee ho execute Amendment No. 11tothe Professional Services Contract with Hargreaves Associates, Inc. inthe amount of$1.S36.300 and Amendment No. 2to the Testing Agreement with Rook Engineering &Teodng Laboratory in the amount of $102.500. contingent upon voter-approval ofthe Bond Proposition. Attachments: Final Resolution-Destination Ba front Contract Amend N es 32. 13-000620 Resolution in Support of2O14 General Obligation Bond Election and approval of propositions and projects (Related items 32 -33) Resolution in support of calling for a General Obligation Bond Election in November 2014 for the purpose of funding Street Improvements in the amount of $84.410.000 (with $55.000.000 representing streets in the greatest need of reconstruction and $29.410.000. representing street capacity priorities and other street-related improvement projects); and to nevievv, finalize and approve the staff-recommended street project |iot. Attachments: REVISED Ag2nda Memo- Bond 2014 REVISED Attachment 1 -Street P Resolution -Bond 2014 REVISED Presentation- Bond 2014 33' ' 3-{X}06C24 Reimbursement Resolution in Support of2O14 General Obligation Bond Election Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt obligations tobe issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Resol uti on,-,Corp s Christi Reimbursement Resolution REVISED Attachment 1 -Street P 0. CORPORATION MEETING (ITEM 34) 34' 13c0K0049B6 Annual Board Meeting of the Corpus Christi Community Improvement Corporation Annual Board meeting of the Corpus Christi Community Improvement Corponadon (CCC|C) Corpus Christi Page 12 Printed onnxmuom City Council Meeting Agenda'Final July 80.2018 Attachments: ccX���� CCCIC Minutes 10.23.12 Loan Review Commiftee Packet-07-30-13 final LRC P. FIRST READING ORDINANCES: (ITEMS 35 -37) 35. 13A0006[71 First Reading Ordinance -To reimburse Isaac C. Anthony, III and Betty Anthony for the wastewater development fees paid in199G Ordinance appropriating $1.135.31 from the No. 4220 Wastewater Trunk System Trust Fund to refund Isaac C. Anthony. ||| and Betty Anthony the wastewater|ot/aoenage N*eo paid since wastewater services are not available nor will any be available within the next 5 years as related to King Estates Unit 2, Block 7, Lot 3. Attachments: &aL��b�� 36. .%3- X007TT7 FirstRemding [}ndinmnoe - Amending lease agreement for use and management ofWhmtmburgerField Ordinance authorizing the City Manager, or designee, to execute the First Amended and Restated Lease Agreement (''Annended Lease") between the City of Corpus Christi (''Cih/^) and the Corpus Christi Baseball Club, LP ("Lessee") for operating VVhataburger Field ("Baseball Stadium") as a professional baseball venue, in consideration of an additional fifteen (15) year term and Lessee's rental payments therefore. Attachments: Ordinance-Amended Whataburg r Field Lease 37. 1C3-{00K0695 First Reading Ordinance -Calling for Special Election onNovember 5, 2013 Ordinance ordering a Special Election to be held on November 5, 2013 in the City of Corpus Christi on the question of authorizing one ormore series of bonds supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with NueoeoCounh/; making provisions for the conduct of such joint election; and enacting provisions and resolving other matters incident and related tosuch election. Corpus Christi Page 13 Printed on 713012013 City Council Meeting Agenda-Final July 30,2013 Attachments: Agenda memo- November 5 2013 Ordinance-Bpedal Election 2013 DB Q. FUTURE AGENDA ITEMS: (ITEMS 38 -39) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 38. 13-000710 Resolution establishing the City's binding intention for Destination Bayfront Bond Issuance Resolution establishing the City's binding intention to issue General Improvement Bonds to design, develop, construct, renovate, and improve Destination Bayfront upon obtaining the approval of City voters and upon raising private contributions and other financial support of such Project; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo- Resolution Destination Bayfront Resolution -Destination Bayfront 39. 13-000682 Regulating the use of plastic checkout bags 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. Attachments: Agenda Memo- Plastic Checkout Bags-July 30 2013 Ordinance- FINAL- Plastic Bag-July 30, 2013.pdf Presentation- Plastic Bag-July 30, 2013.pdf R. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. S. ADJOURNMENT Corpus Christi Page 14 Printed on 713012013 1201 Leopard Street Corpus Christi p Corpus Christi,TX 78401 6 c ` cctexas.com Meeting Minutes f City Council Tuesday,July 16,2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order at 11:30 a.m. B. Invocation to be given by Pastor Scott Higginbotham, Lexington Baptist Church. Invocation was given by Pastor Higginbotham. C. Pledge of Allegiance to the Flag of the United States. The Pledge of Allegiance was given by Assistant City Secretary Rebecca Huerta. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. 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 E. Proclamations /Commendations 1. Proclamation declaring July 16, 2013 as "ADAAwareness Day" Swearing-in Ceremony of Newly Appointed Board, Commission, and Committee Members Mayor Martinez presented the proclamations. Additionally, Mayor Martinez designated Ms.Alyssa Beaupre as a Goodwill Ambassador for representation of Corpus Christi in the America's Youth on Parade at Notre Dame University on July 23-27,2013. I. MINUTES: (NONE) Corpus Christi Page 1 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 J. BOARDS &COMMITTEE APPOINTMENTS: L. CONSENT AGENDA: (ITEMS 7 -24) Mayor Martinez referred to the Consent Agenda. Item No.24 was withdrawn by staff. Council Member Scott abstained on Consent Agenda Items 10 and 11. There were no comments from the Council or the public. The items were approved by one vote as follows: 7. Engineering Construction Contract for the O.N. Stevens Water Treatment Plant-Water Utilities Lab HVAC Rehabilitation Motion authorizing the City Manager, or designee, to execute a Construction Contract with Scott Air Conditioning & Heating Co. of Corpus Christi, Texas in the amount of $68,470.00, for the O.N. Stevens Water Treatment Plant HVAC Rehabilitation. his 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: M2013-107 8. Resolution in support of AEP Texas Central Company's LED Pilot Program 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; and supporting any amendments to AEP's Tariff necessary to make the service available. This Resolution 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: 029885 9. Change Order No. 5 for Corpus Christi International Airport Runway 17 -35 Extension/Displacement and Connecting Taxiway Project Motion authorizing the City Manager, or designee, to execute Change Order No. 5 to the Construction Contract with Bay, Ltd. of Corpus Corpus Christi Page 2 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 Christi, Texas in the amount of $718,655.07 for a total restated fee not to exceed $13,728,905.59, for the Corpus Christi International Airport (CCIA) Runway 17-35 Extension/ Displacement and Connecting Taxiway Project. This 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: M2013-108 10. Agreement for temporary tax abatement for Kinney Hotel Partners LTD Resolution authorizing the execution of an agreement with Kinney Hotel Partners LTD providing for temporary property tax abatement. This Resolution was passed and approved 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 Abstained: 1 - Council Member Scott Enactment No: 029886 11. Chapter 380 Agreement for Kinney Hotel Partners LTD for waiver of Development fees Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Kinney Hotel Partners LTD ("Agreement") to waive City Development Fees for development of a boutique hotel within the City's Downtown Catalyst Area, for the benefit of the City. This Resolution was passed and approved 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 Abstained: 1 - Council Member Scott Enactment No: 029887 12. Amending Council Policy regarding Board Recommendations Resolution amending City Council policies for City board, committee, and commission appointment recommendations. This Resolution was passed and approved with the following vote: Corpus Christi Page 3 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 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: 029888 13. Second Reading Ordinance - Rezoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District, on property located at 1515 North Tancahua Street(1st Reading 7/9/13) Case No. 0413-03 Avalon Corpus Christi Transitional Center, LLC: A change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District, resulting in a change to the Future Land Use Plan from commercial to light industrial. The property to be rezoned is described as being a tract of land comprised of Lots 1 - 6, Block 58, Beach Portion of the City of Corpus Christi, a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, located on the southwest corner of North Tancahua Street and Resaca Street. Planning Commission and Staff Recommendation (May 22, 2013): Denial of the change of zoning from the "CG-2" General Commercial District and the "IH" Heavy Industrial District to the "IL" Light Industrial District and, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit, subject to two conditions. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Avalon Corpus Christi Transitional Center, LLC, acting as agent on behalf of Darla-I, Ltd., owner of Lots 1-6, Block 58, Beach Portion of the City of Corpus Christi, and Myrtleson, Ltd., owner of a portion of Fitzgerald Street closed by Ordinance No. 024009, and the northmost 10 feet of Lot 16, Block 48, Beach Portion, by changing the UDC Zoning Map from the "CG-2" General Commercial District and "IH" Heavy Industrial District to the "CG-2/SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. The foregoing ordinance was passed 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 Corpus Christi Page 4 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 Enactment No: 029889 14. Second Reading Ordinance - Rezoning from Single-Family to Two-Family for Sababa Holdings, LLC., on property located at 1213 Central Street(1st Reading 719113) Case No. 0513-02 Sababa Holdings, LLC: A change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 17, Block 4, Flour Bluff Center, located on the east side of Central Street, between South Padre Island Drive (SH 358) and O'Neill Street. Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Ordinance Ordinance amending the Unified Development Code ("UDC") upon application by Sababa Holdings, LLC, acting as agent on behalf of RZ Texas Properties, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 17, Block 4, Flour Bluff Center, from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This ordinance was passed 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: 029890 15. Second Reading Ordinance - Rezoning from Farm Rural to Residential Estate for Solomon and Lisa De La Fuente, on property located at 7850 Starry Road (1st Reading 719113) Case No. 0513-03 Solomon and Lisa De La Fuente: A change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District, resulting in a change to the Future Land Use Plan from park to estate residential. The property to be rezoned is described as being a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of Starry Road and Starry Circle, approximately one-half mile south of Yorktown Boulevard. Corpus Christi Page 5 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 Planning Commission and Staff Recommendation (May 22, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RE" Residential Estate District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Solomon De La Fuente and Lisa De La Fuente ("Owners"), by changing the UDC Zoning Map in reference to a 3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This ordinance was passed on second reading 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: 029891 16. Second Reading Ordinance - Rezoning from Office to Single-Family by City of Corpus Christi for properties in Jackson Woods Subdivision, on properties located at 10609-10621 Gettysburg Street and 10618-10630 Potomac Street (1st Reading 719113) Case No. 0613-03 City of Corpus Christi: A change of zoning from the "ON" Office District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from park to low density residential. The property is described as Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, located on Gettysburg Street and Potomac Street, east of Peachtree Street. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "ON" Office District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon initiation by the City of Corpus Christi, by changing the UDC Zoning Map in reference to Lots 13-16 and Lots 18-21, Block G, Jackson Woods Subdivision Unit 1, from the "ON" Office District (formerly AB Professional Office District) to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 6 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 This ordinance was passed on second reading 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: 029892 17. Second Reading Ordinance -Closing a portion of Laurelas Drive out of the Rancho Vista Subdivision Unit 3 (1st Reading 719113) Ordinance abandoning and vacating an undeveloped and unsurfaced 521.50 square- foot portion of the Laurelas Drive public street right-of-way out of Rancho Vista Subdivision Unit 3 and requiring the owners, Yorktown Oso Joint Venture and American Bank, to comply with specified conditions. This ordinance was passed on second reading 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: 029893 18. Second Reading Ordinance -Waterline easement dedication for constructing a potable waterline to education facility(1st Reading 719113) Ordinance authorizing the City Manager or designee to execute a Waterline Easement to dedicate and grant to the Coastal Bend Bays and Estuaries Program (CBBEP) a fifteen (15) foot wide easement across a 8.646-acre City-owned tract of land to construct a potable waterline across city property for purposes of supplying potable water to the CBBEP's education facility, located on CBBEP-owned land. This Ordinance was passed on second reading 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: 029894 19. Second Reading Ordinance -Appropriating fund proceeds from interest and other revenues into the City's Capital Improvement Corpus Christi Page 7 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 Program Funds (1st Reading 719113) Ordinance appropriating $15,697.59 in AIRPORT CIP interest earnings in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565to increase expenditures by $15,697.59; appropriating $131,046.95 in BOND PROCEED interest earnings for Bayfront, Public Health and Safety, Fire, Police, Sanitary Landfill, Library, Convention Center, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565to increase expenditures by $131,046.95; appropriating $87,780.05 in UTILITY REVENUE BOND interest earnings as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $87,780.05; appropriating $17,720.72 in SPECIALTY BOND PROCEED interest earnings, reimbursement from the Regional Transportation Authority, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, Energy Efficiency Bonds and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $17,720.72; and appropriating $100,666.05 in STREET ASSESSMENTS as listed in Attachment 1, Section 5 for partial payment of the Billings Clem Marina construction improvements as approved by City Council on May 28, 2013 and repayment of approved assessment projects; Changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase expenditures by $100,666.05. This Ordinance was passed on second reading 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: 029895 20. Second Reading Ordinance -Approving reimbursement agreement and appropriating funds to reimburse developer for the construction of a collection line located along the south side of State Highway 44; east of Heinsohn Road and west of North Corpus Christi Page 8 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 Padre Island Drive (1st Reading 719113) Ordinance authorizing execution of a sanitary sewer collection line extension construction and reimbursement agreement ("Agreement") with 5961 HWY 44, LLC ("Developer"), for the construction of a sanitary sewer collection line and appropriating $18,710.61 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading 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: 029896 21. Second Reading Ordinance -Appropriating funds to reimburse the developer for the construction of a sanitary sewer collection line located on State Highway 44, west of Bockholt Road and east of Clarkwood Road (1st Reading 719113) Ordinance appropriating $191,607.92 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC, ("Developer") for the construction of the sanitary sewer collection line improvements in accordance with the approved reimbursement agreement executed with the Developer. This ordinance was passed on second reading 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: 029897 22. Second Reading Ordinance -Approving reimbursement agreement and appropriating funds to reimburse developer for the construction of a collection line located east of South Navigation Boulevard and south of Bates Drive (1st Reading 719113) Ordinance authorizing execution of a wastewater collection line extension and reimbursement agreement ("Agreement") with Thomas S. Davis ("Developer"), for the construction of a wastewater collection line and appropriating $11,782.50 from the No. 4220 Sanitary Sewer Corpus Christi Page 9 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 Collection Line Trust Fund to reimburse Developer in accordance with Agreement. This Ordinance was passed on second reading 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: 029898 23. Second Reading Ordinance -Authorize a lease and concession agreement with Tailwind CRP, LLC for operation of food and beverage concession at Corpus Christi International Airport and termination of existing lease with Game Time (1st Reading 719113) Ordinance authorizing the City Manager, or designee, to terminate the Lease Agreement between the City of Corpus Christi and Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services, Inc. ("Game Time") and execute an Airport Facilities Lease and Concession Agreement ("Lease") with Tailwind CRP, LLC ("Tailwind") for the operation of a food and beverage concession at the Corpus Christi International Airport ("Airport"), in consideration of the greater of an annual minimum rental fee or a sum equal to twelve percent (12%) of all food, sundries and non-alcoholic beverages gross revenues and sixteen percent (16%) of all alcoholic beverages gross revenues, for a term of five (5) years. This Ordinance was passed on second reading 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: 029899 24. Second Reading Ordinance -Amending the lease agreement with the Columbus Sailing Association regarding the Nina (1st Reading 719113) Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina; appropriating $8,800 of revenue in the No. 1020 General Fund from the sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina; changing the FY 2012-2013 operating budget adopted by Ordinance Corpus Christi Page 10 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 No. 029565 by increasing revenues and expenditures by $8,800 each; providing an effective date; and providing for publication. This Ordinance was withdrawn by staff. Enactment No: M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 25 -26) 25. Second Reading Ordinance -Approving and adopting an appeals process for the Street Maintenance Fee (1st Reading 719113) (Related Items 25 -26) Ordinance adopting the Appeals Process for the Street Maintenance Fee attached as Exhibit "A" (Appeals Process); authorizing the City Manager to establish rules and procedures related to the Appeals Process; and authorizing the City Manager to take actions necessary to effectuate its purposes. Mayor Martinez referred to Item 25.Assistant City Manager Oscar Martinez stated that this was the second reading of the ordinance to establish a general appeals process for the Street Maintenance Fee. Mayor Martinez asked for public comment on the item,and there was none. Council members asked questions regarding exemptions for persons with disabilities;and building a notification process regarding the appeals process for customers. 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: 029900 26. Second Reading Ordinance -Amending the Code of Ordinances to establish a Street Maintenance Fee Board of Appeals (1st Reading 719113) Ordinance amending the Code of Ordinances by adding Section Division 29, to Chapter 2, to establish the Street Maintenance Fee Board of Appeals; providing for severance; and providing for publication. Mayor Martinez referred to Item 26. Assistant City Manager Oscar Martinez stated that the purpose of the item was to establish a Street Maintenance Fee Board of Appeals. The board would consist of five members: The ACM of General Government and Operations;the Director of Water or Wastewater,the Director of Street Operations, and two citizens appointed by the City Manager. Citizens who have complaints about their Street Maintenance Fee bill will be Corpus Christi Page 11 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 referred to this Board by the Utility Accounts Manager in the Utilities Business Office. The Board will evaluate and resolve citizen complaints on a case by case basis. Mayor Martinez asked for public comment on the item,and there was none. Council members asked questions regarding how the board composition could be changed if necessary. The foregoing ordinance was passed 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: 029901 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. Mayor Martinez referred to Public Comment. The following individuals spoke in favor of increasing fire department staffing in the proposed budget to fully staff the 2 new medic units: 1)Carolyn Moon,2) Rudy DeLeon,3)Joan Veith, 4)Tony Jimenez,5) Kim Dees,6) Lionel Lopez,and 7) Ray McMurray. Cheryl Martinez invited Council to attend a special event on July 19 at 6:30 p.m. in support of Rachael Ray Challenge;and she poke against proposed budget cuts that would eliminate temporary staff in the animal control division who clean kennels and support veterinarian. Jerry Garcia questioned how the City distributed and prioritized CDBG funding in the community. Mayor Martinez outlined the guidelines of Council meeting decorum with Mr. Garcia. H. EXECUTIVE SESSION: (ITEMS 2 -5) Mayor Martinez deviated from the agenda and referred to the executive sessions. The Council went into executive session. 2. Executive session pursuant to Texas Government Code, Section 551.074, Personnel Matters, to deliberate the evaluation of the City Manager with possible discussion and action in open session. The Council returned from executive session. The Council returned from executive session. Mayor Martinez announced that no action will be taken today on Items 3 -5. Regarding Item 2, Mayor Martinez stated that the Council had given City Manager Olson a favorable review. She said he was an exceptional city manager with good skills. She said his salary would be addressed in conjunction with general employee compensation during the budget discussion. City Manager Olson thanked the Council for their positive and constructive comments,and said he enjoyed working for the City. 3. Executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the lease of real property because deliberations in an open session would have detrimental effect on the position of the City in negotiations with a third party, with possible Corpus Christi Page 12 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 discussion and action in open session. This E-Session Item was discussed in executive session 4. Executive session pursuant to Section 551.071(1)(A) to consult with attorneys regarding contemplated litigation regarding employee benefits with possible discussion and action in open session. This E-Session Item was discussed in executive session 5. Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city wastewater treatment plants, with possible discussion and action in open session This E-Session Item was discussed in executive session REGULAR AGENDA: (ITEMS 27) 27. Engineering Design Contract -Amendment No. 3 for the New Broadway Wastewater Treatment Plant Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $1,120,662.00, for the New Broadway Wastewater Treatment Plant for construction observation services. Mayor Martinez deviated from the agenda and referred to Item 27. City Engineer Dan Biles stated that the purpose of the item was to provide Construction Observation Services for the remainder of Phase 1 and the entire duration of Phase 2 construction of the New Broadway Wastewater Treatment Plant. He said the project under construction is a new eight million gallons per day wastewater treatment plant located on land adjoining the existing plant, with a portion of the new plant built on top of existing Broadway Wastewater Plant facilities. He said the project includes renovation of the Resaca Lift Station and provides for a new effluent outfall by separate construction contract.The new plant will provide state of the art treatment, meet all State and Federal environmental requirements/permits, provide for odor control and be developed in a manner to minimize impacts within the community. Mayor Martinez asked for public comment,and there was none. Council Member Scott requested a copy of a previous Council presentation in which a lower cost estimate was given for the project. 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: M2013-109 Corpus Christi Page 13 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 O. FIRST READING ORDINANCES: (ITEMS 28 -34) 28. First Reading Ordinance-Accepting and appropriating Federal grant for the FY 2013 Port Security Grant Program Ordinance authorizing the City Manager or designee to accept a sub-grant in the amount of$40,000 from the Department of Homeland Security, FEMA, for funding eligible under the 2012 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department; and appropriating $40,000 in the No. 1061 Police Grants fund from the Department of Homeland Security, FEMA, to purchase law enforcement equipment for the Police Department. Mayor Martinez referred to Item 28. Ms. Pat Eldridge with the Police department explained that the purpose of the item was to request Council approval to accept a subgrant from the U.S. Department of Homeland Security FEMA for the FY 2013 Port Security Grant Program and appropriating funds. Ms. Eldridge stated that the funds would be used to purchase law enforcement equipment. There were no comments from the Council or the public. The foregoing ordinance passed 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 Enactment No: 029903 29. First Reading Ordinance - Appropriating funds for the Women, Infants and Children (WIC) grant amendment to increase funding Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $12,460 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for the Women, Infants and Children nutrition program peer counselor project by $12,460. Mayor Martinez referred to Item 29. Director of Health Annette Rodriguez stated that the purpose of the item was to request Council approval to accept a grant amendment allowing the Health District to educate and encourage the breastfeeding women who are eligible for the program.She said the City would partner with the Bay Area Hospital Women's Health Services to encourage and provide initial breastfeeding opportunities soon after deliveries. There were no comments from the Council or the public. 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 14 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 Enactment No: 029904 30. First Reading Ordinance -Appropriating Funds and approving the lease purchase for vehicles for daily operational use Ordinance appropriating $115,000 from the Fleet Maintenance Services Reserve for Future Fleet Replacement Fund No. 5110 into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles to be used by Development Services; changing the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $115,000 in the No. 5110 Maintenance Service Fund; and approving the purchase of thirty-nine (39) pickup trucks, two (2) cargo vans, six (6) heavy trucks and the lease-purchase of two (2) heavy trucks and one (1) pickup truck from AutoNation Ford, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0146-13, for the total amount of$1,229,148. Mayor Martinez referred to Item 30. Assistant Director of Finance Michael Barrera stated that the purpose of the item was to appropriate funding to purchase 9 vehicles for Development Services; and approving the purchase of thirty-nine(39) pickup trucks, two(2)cargo vans,six(6) heavy trucks and the lease-purchase of two(2) heavy trucks and one(1) pickup truck. He said all vehicles will be used in the day-today operations of the Solid Waste, Park& Recreation,Water, Gas,Wastewater, Storm Water, Neighborhood Services and the Development Services Departments. Council members asked questions regarding why the vehicles were not fitted for CNG. Director of General Services Jim Davis discussed the rationale. Mayor Martinez asked for public comment and there was none. The foregoing ordinance was passed and approved with the following vote: Enactment No: 029905 SPECIAL BUDGET RELATED ITEMS (ITEMS 31 -35) 31. First Reading Ordinance -Adopting the Proposed Operating Budget for FY 2013 -2014 Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2013; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Mayor Martinez referred to Item 31. Assistant City Manager Margie Rose stated that the purpose of the item was to adopt the proposed operating budget on first reading. Ms. Rose referred to Attachment A,which listed a schedule of adjustments to the budget. She said that number of changes that arose during budget discussions that required amending the Proposed Budget. The proposed changes are: 1)increasing Hotel Occupancy Tax revenue by $263,169;2)increasing Gulf Beach maintenance by$180,400;3)increasing Bay Beaches maintenance by$142,980;4)adding Military Task Force Contribution of$75,000; 5)eliminating the increase for Fire Health Plan -$473,789; 6) increasing the General Fund transfer to Street Fund by$9,540;7) increasing Corpus Christi Page 15 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 Street Fund revenues and expenditures for Street Maintenance Fee and increased General Fund transfer-$5,711,992;8) increasing Business and Job Development expenditure for Small Business Development—Intern Program by$46,027; 9) reducing Golf Fund revenue by$136,145; 10)increasing expenses for Golf Capital Reserve Fund by$45,000; 11)increasing General Fund Reserve Appropriation by$80,988;and 12) reducing General Fund Fire Health Insurance expenditures by$308,508. Additionally,an increase of $45,000 in General Fund expenditures was being proposed to fund a grants position in the Fire department.She said total revised proposed expenditures are$769,988,137 and total revised proposed revenues are$771,540,496 which includes an increase of$5,827,519 in property tax revenues over the prior year. City Manager Olson mentioned that staff may bring a budget amendment in August to fund the Strike Force 1 program, a new initiative to clean-up and otherwise improve the aesthetic appearance of the community. Mayor Martinez asked for Council comments. Council members spoke regarding the following issues: opposed the use of City funds to maintain TxDOT roads and rights-of-way;condition of S.P.I.D. around La Palmera Mall; and mowing program for the City rights-of-way. Assistant City Manager Rose stated that Item 45, Proposed Changes to the Compensation&Classification Plan,was related to the proposed budget and asked that it be discussed. (see Item 45 for discussion) After discussion, Mayor Martinez called for public comment. Abel Alonzo, spoke in support of city employee compensation. The following individuals spoke in support of increasing fire department daily staffing levels from 96 to 100 to man 2 additional medic units: Lonnie Loosemore; Jim Kailas;Steve Bowers; Robert Rodriguez;Carlos Torres. Jim Devisser spoke in support of putting the ambulances in service with the current personnel levels in the Fire department. Mayor Martinez asked for Council comments. The Council commented on the following issues:$1.2M cost to staff the additional 16 firefighters; number of ambulance calls; response times on the Island; need for a Fire Master Plan; reported disrepair of existing ambulances; effects of temporary staffing cuts in the animal control division; request for a copy of total animal control division delineated budget; need for a fire communication plan;waiting until the fire academy graduates before bringing new ambulances online; clarifying the 2-in, 2-out policy. Council Member Loeb made a motion to amend the proposed FY 2014 budget that are outlined in Attachment A of the agenda item;and transferring the car allowances of Council Members Loeb and McIntyre to the street maintenance fund;seconded by Council Member McIntyre. The motion carried unanimously. Council Member Loeb made a motion to amend the proposed FY 2014 budget to include the pay equity adjustments and to provide a 2.5%salary increase for the City Manager,seconded by Council Member McIntyre. Council Member Leal asked if the motion could be amended to include$1.1 million for additional fire department staffing. The motion failed for lack of a second.The motion carried unanimously. Corpus Christi Page 16 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 The foregoing ordinance was passed on first reading as amended 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 45. Proposed changes to the Compensation & Classification Plan Mayor Martinez deviated from the agenda and referred to Item 45 as requested by staff. Director of Human Resources Yasmine Chapman stated that the purpose of the presentation was to discuss the proposed compensation and classification plan. She said the new plan was a market-based approach consisting of 3 pay groups for non-exempt, exempt, and executive employees. It also established new pay ranges that were established to be approximately 25%above and below the market midpoint; 20 annual steps to maximum of the range, each step is a 2.5%increase;and employees progress through range with annual step increases, if their performance warrants. She said in September 2013,all employees would be brought to the closest step based on their current salary. Beginning in October 2013,she said employees will advance one step on the first pay period following their anniversary date in the position. She described the funding plan -FY 2013-14 General Fund $738,000; annual steps in 2014$757,000. She discussed the next steps-including verifying classifications. Mayor Martinez asked for Council comments. Council members spoke regarding the following issues: whether the plan was performance based; does it cost more to do the proposed pay equity plan in FY 2014($1.4 million) than the initial COLA increase in the FY 2013($1.1 million); how the plan will address chronically unfilled positions in the city due to low salaries; how to address salary compression issues. 32. First Reading Ordinance -Adopting the Proposed Capital Budget for FY 2013 -2014 Ordinance approving the FY 2014 Capital Budget and Capital Improvement Planning Guide in the amount of$294,964,300 Mayor Martinez referred to Item 32. Assistant City Manager Oscar Martinez stated that the purpose of the item was to approve the Fiscal Year 2013-2014 Capital Budget and Capital Improvement Planning Guide in the amount of $294,964,300 on first reading. He noted that Year 2013-14 was fully funded. Mayor Martinez asked for public comment, and there was none. Mayor Martinez asked for Council comments. The Council asked questions regarding the Council's motion directing staff to contact regulators about delaying interim treatment at the Oso Wastewater Treatment until construction is completed. Assistant City Manager Martinez said he had received a memo from the Legal department regarding the issue but he felt it was unresponsive. Corpus Christi Page 17 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 He stated that he felt that there was a slim chance that the TCEQ would approve the request Council members requested a response prior to second reading. City Attorney Carlos Valdez stated that the City was in serious negotiations with the EPA on sanitary sewer overflow issues,and the TCEQ was part of the discussion. He said that delaying compliance with the TCEQ mandate could harm negotiations. The foregoing ordinance was passed on first reading with the following vote: Aye: 6- Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Riojas and Council Member Garza Nay: 3- Council Member Loeb, Council Member Magill and Council Member McIntyre Abstained: 0 33. First Reading Ordinance -Amending City code regarding water, gas, wastewater, and street maintenance rates and fees Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding water, gas, wastewater, and street maintenance rates and fees; consolidating, codifying, and adopting clarifying amendments of Ordinance No. 029876 and Ordinance No. 029877 regarding street maintenance fees; providing for publication, providing for severance, and providing effective date. Mayor Martinez referred to Item 33. Assistant Director of Management and Budget Eddie Houlihan stated that the purpose of the item was to amend the code of ordinances to include utility rate increases and street maintenance fee that had been previously discussed. Mayor Martinez asked for public comment,and there was none. Council members asked questions regarding the residential irrigation rate; if the rates could be changed if the TCEQ granted our request to delay interim measures on Oso Wastewater Treatment Plant. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Loeb Abstained: 0 34. First Reading Ordinance - Increasing registration fees for animals not spayed or neutered Ordinance amending section 6-27 of the Corpus Christi Code by increasing registration fees for animals not spayed or neutered; Providing an effective date; Providing for severance; and Providing for publication. Corpus Christi Page 18 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 This Ordinance was withdrawn by staff. P. FUTURE AGENDA ITEMS: (ITEMS 35 -43) Mayor Martinez referred to Future Agenda Items. City Manager Olson said that staff had presentations on Items 35,42,and 43. Council members asked for a presentation on Item 40. 35. Parks and Recreation FY14 new fees and fees increasing more than 25% Resolution adding new rental and recreational use fees for fiscal year 2013-2014 and providing for publication; effective date; and severance of the same. This Resolution was recommended to regular agenda 36. Purchase of Mini Track Excavators Motion approving the purchase of three (3) Mini Track Excavators from Doggett Machinery, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0151-13 based on lowest responsible bid for a total expenditure of$84,150.00. Funding is available in the FY 2012-2013 Capital Outlay Budget of the Maintenance Service Fund. This Motion was recommended to consent agenda Enactment No: M2013-111 37. Service Agreements for Custodial Services for City Hall and Frost Building Motion approving service agreements for custodial services for City Hall and Frost Building with the following companies for the following amounts in accordance with Bid Invitation No. BI-0135-13, based on low responsible bid for an estimated annual expenditure of $170,920.80 of which $15,974.80 is required for FY 2012-2013. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the service providers and the City Manager or designee. Funds have been budgeted by Facility Maintenance Services in FY 2012-2013. Martin's Janitorial Service ISS Facility Services, Inc. Corpus Christi, TX Corpus Christi, TX City Hall Frost Building $127,656 $43,264.80 Grand Total: $170,920.80 Corpus Christi Page 19 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 This Motion was recommended to consent agenda Enactment No: M2013-112 38. Supply Agreement for food items for the Meals on Wheels Elderly Nutrition Program Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-13-3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of$208,750.32 of which $17,395.86 is required for FY 2012-2013.The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria, Texas 109 Line Items 91 Line Items $78,011.32 $130,739.00 Grand Total: $208,750.32 This Motion was recommended to consent agenda Enactment No: M2013-113 39. Lease - Purchase of two heavy trucks and purchase of nine heavy trucks Motion approving the lease-purchase of two (2) heavy trucks and the purchase of nine (9) heavy trucks for the total amount of $1,211,268.00, of which $1,015,992.00 is required for the remainder of FY 2012-2013. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI-0164-13 based on lowest responsible bid. Funding for the purchase of heavy trucks is available in the Capital Outlay Budget of the Maintenance Service Fund. Financing for the lease-purchase of heavy trucks will be provided through the City's lease/purchase financing contractor. Corpus Christi Freightliner Santex Truck Center, Ltd. Corpus Christi, TX Corpus Christi, TX Items 1,2,3,4,7, & 8 Items 5 &6 $902,508.00 $308,760.00 Grand Total: $1,211,268.00 Corpus Christi Page 20 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 This Motion was recommended to consent agenda Enactment No: M2013-114 40. Mowing Services for Storm Water drainage and street rights-of-way and Water production facilities Motion approving service agreements for mowing services for Storm Water drainage and street rights-of-way and Water production facilities with the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0119-13 based on lowest responsible bid for an estimated annual expenditure of$479,958.09, of which $39,996.50 is required for FY 2012-2013. The term of the service agreements will be for one-year with an option to extend for two additional one-year periods. Funding is available in the Storm Water and Water Operations budgets. Brown Mule Mowing Aspen Lawn Care, LLC Corpus Christi, TX Corpus Christi, TX Storm Water- Group 1 Water- Groups 2 & 3 $417,197.99 $62,760.10 Grand Total: $479,958.09 This Motion was recommended to regular agenda Enactment No: M2013-115 41. Memorandum of Understanding (MOU) regarding aerial spraying for mosquitoes Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with Nueces County to work together in unison in determining the need for using aerial spraying to combat the spread of the West Nile virus. This Resolution was recommended to consent agenda Enactment No: 029902 42. Resolution in Support of 2014 General Obligation Bond Election and approval of propositions and projects (Related items 32 -33) Resolution in support of calling for a General Obligation Bond Election in November 2014 for the purpose of funding Street Improvements in the amount of $84,410,000 (with $55,000,000 representing streets in the greatest need of reconstruction and $29,410,000, representing street capacity priorities and other street-related improvement projects); and to review, finalize and approve the staff-recommended street project list. Corpus Christi Page 21 Printed on 7/25/2013 City Council Meeting Minutes July 16,2013 This Resolution was recommended to regular agenda 43. Reimbursement Resolution in Support of 2014 General Obligation Bond Election Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. This Resolution was recommended to regular agenda Q. BRIEFINGS TO CITY COUNCIL: (ITEM 44 -45) 44. Texas Medicaid Managed Care Initiative (Grant Total $14.8 Million) Mayor Martinez referred to Item 44. Director of Health Annette Rodriguez stated that the purpose of the presentation was to discuss the Texas Medicaid Managed Care Initiative, a$20 million grant that the City was awarded over 4 years. It directs more funding to hospitals, mental health facilties,and health districts who provide csre to uninsured patients She said the health district applied for a diabetes intervention project grant($10 million)through the county,and a obesity prevention grant($10 million)through the city. Dr. William Burgin, local health authority,spoke regarding the obseity program, which is called the MEND (Mind, Exercise, Nutrition, Do It!) program. He discussed public education efforts for the program,which kicks off October 1, 2013. Council members asked how many patients would enroll in the program; addressing concerns of Dr.Wilson regarding the diabetes initiative. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez referred to the City Manager Comments. City Manager Olson reported on the following issues: participation of Parks,Solid Waste,and Streets departments in the Holmes Drive emergency; public/private partnership to demolish a dilapidated property on 1400 block of Leopard Street;street dedication ohn 7700 block of Slough Road in honor of Mr. Larry Breeding;and that he would show a music video written by San Marcos City Manager Jim Nuse as part of his City Manager comments next week. R. ADJOURNMENT Mayor Martinez adjourned the meeting at 9:55 p.m. Corpus Christi Page 22 Printed on 7/25/2013 1201 Leopard Street Corpus Christi p Corpus Christi,TX 78401 6 c ` cctexas.com Meeting Minutes f City Council Tuesday,July 23,2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order at 11:30 a.m. B. Invocation to be given by Pastor Felix Zavala, El Shaddai Church The invocation was given by Pastor Zavala. C. Pledge of Allegiance to the Flag of the United States. The Pledge of Allegiance was given by Monique Lerma. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. 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. NOTE: Council Member McIntyre arrived at 11:38 a.m. 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 E. Proclamations /Commendations 1. Proclamation declaring July 23, 2013 as "Pepe Serna Day" Proclamation declaring July 25-28, 2013 as "2013 TAAF Summer Games of Texas Week" Proclamation declaring July 27, 2013 as "Feria de las Flores Day" Proclamation declaring August 2013 as "Corpus Christi Human Resource Management Association Diversity & Inclusion Awareness Month" Mayor Martinez presented the proclamations. Corpus Christi Page 1 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 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. Mayor Martinez called for Public Comment. Pastor Ward stated that the street maintenance fee would have a negative impact on non-profits like his church in Flour Bluff. The following individuals spoke in support of increasing fire department staffing to man the 2 addtional medic units in the proposed budget: Carolyn Moon;Joan Veith;Thomas Cruz; Kenneth Thurman; Madison Farantello; Carlos Torres;Steve Bowers; and Lonnie Loosemore. Scott Leeton spoke regarding the Corpus Christi Police Officers Association Explorers who participated in a beautification project for Garcia Park,at the invitation of Council Member Magill. Abel Alonzo spoke regarding the Fire Union and city employees who did not have a voice in the budget process. Jerry Garcia with the Southside Youth Sports Complex asked Council to be fair and inclusive of all parts of the city when they made decisions. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: None. H. EXECUTIVE SESSION: (ITEMS 2 -4) Mayor Martinez referred to the executive sessions. The Council went into executive session. 2. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding Cause No. 13-10-00272-CV, styled San Patricio Municipal Water District and South Texas Water Authority vs. City of Corpus Christi, presently on Corpus Christi Page 2 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 appeal from the 319th District Court of Nueces County, Texas with possible discussion and action in open session. The Council returned from executive session. Council Member Garza made a motion,seconded by Council Member Leal, as follows: Motion to authorize the City Manager to settle Cause No.08-5366-G styled San Patricio Municipal Water District et al v. City of Corpus Christi filed in the 319th District Court of Nueces County,Texas pursuant to the terms negotiated by the parties. This motion was passed and approved 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 Enactment No: M2013-110 3. Executive session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. This E-Session Item was discussed in executive session. 4. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay, or expand within the City 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. This E-Session Item was discussed in executive session. I. MINUTES: (NONE) J. BOARDS &COMMITTEE APPOINTMENTS: (ITEM 5) 5. Civil Service Commission Civil Service Board Mayor Martinez referred to the board and committee appointments. The following board appointments were made: Civil Service Commission: Appointed -Leslie Vlisides Civil Service Board: Appointed -Leslie Vlisides K. EXPLANATION OF COUNCIL ACTION: Corpus Christi Page 3 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 L. CONSENT AGENDA: (ITEMS 6 - 14) Mayor Martinez referred to the Consent Agenda. Mayor Martinez asked for public comment,and there was none. Council members requested that Items 9 and 10 be pulled for discussion. The items were approved by one vote as follows: 6. Purchase of Mini Track Excavators Motion approving the purchase of three (3) Mini Track Excavators from Doggett Machinery, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0151-13 based on lowest responsible bid for a total expenditure of$84,150.00. Funding is available in the FY 2012-2013 Capital Outlay Budget of the Maintenance Service Fund. This Motion was passed and approved 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 Enactment No: M2013-111 7. Service Agreements for Custodial Services for City Hall and Frost Building Motion approving service agreements for custodial services for City Hall and Frost Building with the following companies for the following amounts in accordance with Bid Invitation No. BI-0135-13, based on low responsible bid for an estimated annual expenditure of $170,920.80 of which $15,974.80 is required for FY 2012-2013. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the service providers and the City Manager or designee. Funds have been budgeted by Facility Maintenance Services in FY 2012-2013. Martin's Janitorial Service ISS Facility Services, Inc. Corpus Christi, TX Corpus Christi, TX City Hall Frost Building $127,656 $43,264.80 Grand Total: $170,920.80 This Motion was passed and approved with the following vote: Corpus Christi Page 4 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 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 Enactment No: M2013-112 8. Supply Agreement for food items for the Meals on Wheels Elderly Nutrition Program Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-13-3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of$208,750.32 of which $17,395.86 is required for FY 2012-2013.The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Performance Food Group Corpus Christi, Texas Victoria, Texas 109 Line Items 91 Line Items $78,011.32 $130,739.00 Grand Total: $208,750.32 This Motion was passed and approved 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 Enactment No: M2013-113 11. Memorandum of Understanding (MOU) regarding aerial spraying for mosquitoes Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with Nueces County to work together in unison in determining the need for using aerial spraying to combat the spread of the West Nile virus. This Resolution was passed and approved with the following vote: Corpus Christi Page 5 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 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 Enactment No: 029902 12. Second Reading Ordinance-Accepting and appropriating Federal grant for the FY 2013 Port Security Grant Program (1st Reading 7116113) Ordinance authorizing the City Manager or designee to accept a sub-grant in the amount of$40,000 from the Department of Homeland Security, FEMA, for funding eligible under the 2012 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department; and appropriating $40,000 in the No. 1061 Police Grants fund from the Department of Homeland Security, FEMA, to purchase law enforcement equipment for the Police Department. This Ordinance was passed on second reading and approved 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 Enactment No: 029903 13. Second Reading Ordinance - Appropriating funds for the Women, Infants and Children (WIC) grant amendment to increase funding (1st Reading 7116113) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant amendment in the amount of $12,460 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, increasing the award amount for the Women, Infants and Children nutrition program peer counselor project by $12,460. This Ordinance was passed on second reading and approved 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 Corpus Christi Page 6 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 Abstained: 0 Enactment No: 029904 14. Second Reading Ordinance -Appropriating Funds and approving the lease purchase for vehicles for daily operational use (1st Reading 7/16/13) Ordinance appropriating $115,000 from the Fleet Maintenance Services Reserve for Future Fleet Replacement Fund No. 5110 into the Capital Outlay Budget of the Maintenance Services Fund No. 5110 for the purchase of vehicles to be used by Development Services; changing the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 by increasing appropriations by $115,000 in the No. 5110 Maintenance Service Fund; and approving the purchase of thirty-nine (39) pickup trucks, two (2) cargo vans, six (6) heavy trucks and the lease-purchase of two (2) heavy trucks and one (1) pickup truck from AutoNation Ford, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0146-13, for the total amount of$1,229,148. This Ordinance was passed on second reading and approved 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 Enactment No: 029905 9. Lease - Purchase of two heavy trucks and purchase of nine heavy trucks Motion approving the lease-purchase of two (2) heavy trucks and the purchase of nine (9) heavy trucks for the total amount of $1,211,268.00, of which $1,015,992.00 is required for the remainder of FY 2012-2013. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI-0164-13 based on lowest responsible bid. Funding for the purchase of heavy trucks is available in the Capital Outlay Budget of the Maintenance Service Fund. Financing for the lease-purchase of heavy trucks will be provided through the City's lease/purchase financing contractor. Corpus Christi Freightliner Santex Truck Center, Ltd. Corpus Christi, TX Corpus Christi, TX Items 1,2,3,4,7, & 8 Items 5 &6 $902,508.00 $308,760.00 Corpus Christi Page 7 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 Grand Total: $1,211,268.00 Mayor Martinez referred to Item 9. Council members thanked staff for bringing the item forward. The foregoing motion was passed and approved 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 Enactment No: M2013-114 10. Mowing Services for Storm Water drainage and street rights-of-way and Water production facilities Motion approving service agreements for mowing services for Storm Water drainage and street rights-of-way and Water production facilities with the following companies, for the following amounts, in accordance with Bid Invitation No. BI-0119-13 based on lowest responsible bid for an estimated annual expenditure of$479,958.09, of which $39,996.50 is required for FY 2012-2013. The term of the service agreements will be for one-year with an option to extend for two additional one-year periods. Funding is available in the Storm Water and Water Operations budgets. Brown Mule Mowing Aspen Lawn Care, LLC Corpus Christi, TX Corpus Christi, TX Storm Water- Group 1 Water- Groups 2 & 3 $417,197.99 $62,760.10 Grand Total: $479,958.09 Mayor Martinez referred to Item 10. Council members thanked staff for being responsive to questions posed during last week's Council meeting. The foregoing motion was passed and approved with the following vote: Aye: 6- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3- Council Member Allen, Council Member Scott and Council Member McIntyre Abstained: 0 Enactment No: M2013-115 M. PUBLIC HEARINGS: (ITEMS 15 - 16) 15. Public Hearing and First Reading Ordinance -Rezoning from the Corpus Christi Page 8 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, on property located east of Rancho Vista Boulevard East. Case No. 0613-01 Yorktown Oso Joint Venture: A change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rancho Vista Boulevard East, between Stampede Drive and Vaquero Drive. The rezoning also includes the associated PUD plat. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to six conditions. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Yorktown Oso Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 15. Director of Development Services Mark Van Vleck stated that the purpose of the item was to rezone the subject property to allow construction of a gated,single family subdivision. The Planned Unit Development(PUD)is to allow deviations of the code requirements related to the street width,sidewalks, and front-yard setbacks. Council Member Magill made a motion to open the public hearing, seconded by Council Member Leal,and passed. There were no comment from the public. Council Member Garza made a motion to close the public hearing,seconded by Council Member Leal, and passed. There were no comments from the Council. This Ordinance was passed on first reading with the following vote: Aye: 6- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3- Council Member Allen, Council Member Scott and Council Member McIntyre Abstained: 0 16. Public Hearing and First Reading Ordinance -Rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 Corpus Christi Page 9 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 District, on property located at 7401 and 7555 Holly Road. Case No. 0613-02 Southside Ventures, L.P.: A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. The porperty to be rezoned is described as Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Holly Road, approximately 1,160 feet east of Rodd Field Road. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Southside Ventures, L.P., acting as agent on behalf of Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural 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. Mayor Martinez referred to Item 16. Director of Development Services Mark Van Vleck stated that the purpose of the item was to allow development of a single-family subdivision. Council Member Garza made a motion to open the public hearing,seconded by Council Member Leal,and passed. There were no questions from the public. Council Member Magill made a motion to close the public hearing,seconded by Council Member Leal,and passed. There were no comments from the Council. This Ordinance was passed on first reading with the following vote: Aye: 6- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member Riojas and Council Member Garza Absent: 3- Council Member Allen, Council Member Scott and Council Member McIntyre Abstained: 0 N. REGULAR AGENDA: (ITEM 17) 17. Engineering design contract amendment No. 1 for the Citywide Street Overlay and Seal Coat Indefinite Delivery/Indefinite Quantity (Pilot) Program Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a Contract for Professional Services with RH Shackelford, Inc. from Corpus Christi, Texas in the amount of $194,847.00, for a re-stated fee not to exceed $240,597.00 for Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite Corpus Christi Page 10 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 Quantity Program-Pilot Program. Mayor Martinez referred to Item 17. City Engineer Dan Biles stated that the purpose of the item was to authorize services required to develop bidding and construction documents for the pilot program of the Citywide Street Overlay and Sealcoat IDIQ Program. He stated that the item had been revised at the request of the City Council. He noted that consultant basic services represent approximately 3.0%of the total anticipated construction budget for the pilot program. Council members spoke regarding the following issues: cost of overlays versus sealcoats;doing more overlay work in-house rather than contracting out; paying for curb and gutter work with alternative funding; communicating with residents about the pilot program; increasing the warranty on work from 1 year to 5 years; utility cut policy;and repair the utility cut on Robert Street. Mayor Martinez asked for public comment. Abel Alonzo stated that the due to ADA requirements,the City was committed to fixing sidewalks and curb cuts when doing street repair work. The foregoing motion was passed 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: M2013-116 P. FUTURE AGENDA ITEMS: (ITEM 32) 32. Resolution supporting Destination Bayfront Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan, Schematic Design and the phasing plan outlined therein prepared by Hargreaves Associates for the Destination Bayfront Project ("Project"); directing staff to prepare an ordinance calling for a November 5, 2013 Election with language for a bond proposition to fund the construction of the Project; authorizing the City Manager or designee to execute Amendment No. 11 to the Professional Services Contract with Hargreaves Associates, Inc. in the amount of$1,936,300 and Amendment No. 2 to the Testing Agreement with Rock Engineering &Testing Laboratory in the amount of$102,500, contingent upon voter-approval of the Bond Proposition. Mayor Martinez deviated from the agenda and referred to Item 32. City Engineer Dan Biles stated that the purpose of the item was to direct staff to prepare an ordinance for a November 5,2013 special election to issue general obligation bonds for Destination Bayfront Project;adopt the project's Master Implementation Plan;and approve an amendment and testing agreement to facilitate the completion of the design phase conditional upon the passage of the project in the special election. This Resolution was recommended by staff Corpus Christi Page 11 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 to regular agenda. O. FIRST READING ORDINANCES: (ITEMS 18 -23) 18. First Reading Ordinance -Accepting and appropriating Federal grant to combat drug trafficking Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant modification award in the amount of$71,837 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles; and appropriating the $71,837 in the No. 1061 Police Grants Fund. Mayor Martinez referred to Item 18. Police Chief Floyd Simpson stated that the purpose of the item was to accept and appropriate a grant modification award to support the Houston High Intensity Drug Trafficking Area program. He said this was the second of two awards. Mayor Martinez called for public comment and there was none. There were no comments from the Council. This Ordinance was passed on first reading with the following vote: Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 2- Council Member Scott and Council Member Riojas Abstained: 0 19. First Reading Ordinance -Appropriating funds from the sale of police handguns to police officers Ordinance appropriating $87,526 in the General Fund No 1020 from the sale of Police handguns; and Amending the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020 by $87,526 Mayor Martinez referred to Item 19. Police Chief Floyd Simpson stated that the purpose of the item was to appropriate funds for the purchase of new handguns for police officers. Mayor Martinez called for public comment. Scott Leeton with the Corpus Christi Police Officers Association stated that Smith and Wesson weapons being purchased were superior to the current model Glocks. There were no comments from the Council. This Ordinance was passed 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 Corpus Christi Page 12 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 Abstained: 0 20. First Reading Ordinance -Appropriating funds from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program Ordinance appropriating $3,380,824 from the United States Department of Homeland Security - Staffing forAdequate Fire and Emergency Response (SAFER) Grant Program, into the No. 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fire Department. Mayor Martinez referred to Item 20. Fire Chief Robert Rocha stated that the purpose of the item was to use SAFER grant funds to provide 100%funding for entry-level salaries and fringe benefits for 34 full-time firefighters for 24 months. Mayor Martinez asked for public comment, and there was none. Council members asked for clarification on whether the grant funds could be used to fund new positions,or only for positions lost through attrition. This Ordinance was passed 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 21. First Reading Ordinance -Amending the Code of Ordinances to adopt new compensation rates Ordinance amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Classification and Compensation System of the Corpus Christi Code of Ordinances to adopt new compensation rates. Mayor Martinez referred to Item 32. Director of Human Resources Yasmine Chapman stated that the item would allow the City to adopt the new classification and compensation plan previously presented to Council. She also mentioned that the City would be discussing how Health Department employees would be affected by the plan with the County. There were no comment from the Council or the public. This Ordinance was passed 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. Second Reading Ordinance - Engineering Design Contract Amendment No. 1 for Cefe Valenzuela OutFall Modifications and On-Call Consulting Services (1st Reading 7123113) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E 11050 Cefe Corpus Christi Page 13 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 Valenzuela Outfall Modifications; transferring funds from Fund No. 3365 Reserve Appropriation in the amount of $100,000 to Project No. E11050 Cefe Valenzuela Outfall Modificationsand authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$69,800, for a total restated fee not to exceed $116,200 for the Project No. E11050 Cefe Valenzuela Outfall Modifications and On-Call Consulting Services. Mayor Martinez referred to Item 22. City Engineer Dan Biles stated that the purpose of the item was to authorize the proposed engineer to provide design and construction documents for the Cefe Valenzuela Landfill/Petronila Creek Outfall Project. There were no comments from the public or the Council. This Ordinance was passed 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 23. First Reading Ordinance -Accepting and appropriating State grant for air quality planning Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of$442,300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. Mayor Martinez referred to Item 23. Director of Planning and Environmental Services Pete Anaya stated that the purpose of the item was to accept and appropriate a grant from the TCEQ for air quality planning purposes. There were no comments from the public or the Council. This Ordinance was passed 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 FUTURE CORPORATION MEETING (ITEM 24) 24. Annual Board Meeting of the Corpus Christi Community Improvement Corporation Annual Board meeting of the Corpus Christi Community Improvement Corporation (CCCIC) This Corporation Meeting was recommended to be held by staff. P. FUTURE AGENDA ITEMS: (ITEMS 25-31, 33-39) Corpus Christi Page 14 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 Mayor Martinez referred to the Future Agenda items. Assistant City Manager Wes Pierson said that staff had presentations on Items 33 -35. 25. Service Agreement for custodial services at Police Department Motion approving a service agreement with ABM Janitorial Services - South Central Inc., San Antonio, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI-0161-13 based on low responsible bid for an estimated annual expenditure of $85,500. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012-2013 and will be requested during the normal FY 2013-2014 budget approval process. This Motion was recommended by staff to consent agenda. 26. Purchase of Law Enforcement Firearms &Accessories Motion approving the purchase of firearms and accessories from Smith &Wesson Corporation, Springfield, Massachusetts, based on sole source, in the amount of$91,395. Funds are budgeted in the Police and Fire departments' FY 2012-2013 budgets. This Motion was recommended by staff to consent agenda. 27. Purchase of six vehicles for Fire Department use Motion approving the purchase of four (4) Chevrolet Tahoes and two (2) Ford Explorers from Caldwell Country Chevrolet/Ford, Caldwell, Texas for a total amount of$152,222. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and the State of Texas Cooperative Purchasing Program. Funding is available in the FY 2012-2013 of the Fire Department Fund. This Motion was recommended by staff to consent agenda. 28. Purchase and Installation of Fire Alarm Systems for Senior Centers Motion approving the purchase and installation of four(4) fire alarm systems from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of$64,958.00. Funds have been budgeted by the Parks and Recreation Department in FY 2012- 2013. This Motion was recommended by staff to consent agenda. Corpus Christi Page 15 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 29. Purchase of Water Truck Motion approving the purchase of one (1) 2,000 gallon Water Truck from Corpus Christi Freightliner, Corpus Christi, TX for a total amount of$88,800.00. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council. The equipment will be used by the City's Water Department. This unit is an addition to the fleet. Funds are available from the Water Department Fund No. 4010. This Motion was recommended by staff to consent agenda. 30. Contingency service agreement for Hurricane/Storm Disaster Recovery Services Motion awarding a contingency service agreement with CrowderGulf, LLC, Theodore Alabama, to provide hurricane disaster recovery operation services, in accordance with Bid Invitation No. BI-0167-13, based on most advantageous proposal, for an estimated event expenditure of $62,620,440. The term of the contract will be for five years. This Motion was recommended by staff to consent agenda. 31. Supply Agreement for Library Books and Recordings Motion approving supply agreements with the following companies for the following amounts, for library books and recordings in accordance with Bid Invitation No. BI-0173-13, for an estimated annual expenditure of$300,000. Awards are based on lowest responsible bid; providing for secondary suppliers for Groups I and II. The term of the contracts will be for twelve months with an option to extend for up to four additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY 2012- 2013 and will be requested during the normal FY 2013-2014 budget approval process. Primary Secondary Secondary Baker& Taylor, Inc. Brodart Company Ingram Library Services, Inc. Charlotte, NC Williamsport, PA La Vergne, TN Groups: I -VIII Group: I Group: II Total: $290,000 Total: $5,000 Total: $5,000 Corpus Christi Page 16 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 Grand Total: $300,000 This Motion was recommended by staff to consent agenda. 33. Engineering Design Contract for construction phase services to support the Minor Street Indefinite Delivery/Indefinite Quantity (IDIQ) program Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering and Construction Management Services LLC from Corpus Christi, Texas in the amount of $85,600.00, for Indefinite Delivery/Indefinite Quantity Minor Street improvements Year Two. This Motion was recommended by staff to consent agenda. 34. Engineering Design Contract Amendment No. 9 for the Mary Rhodes Pipeline Phase 2 Motion authorizing the City Manager, or designee, to execute Amendment No. 9 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $195,664.00, for a total restated fee not to exceed $11,335,503.00 for Mary Rhodes Pipeline Phase 2. This Motion was recommended by staff to consent agenda. 35. Adopting a resolution for the acquisition of real property rights for the Holly Road Street Improvement Project-Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008 A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate, utility easements, and temporary construction easements for a street improvement project known as the Holly Road Street Improvement Project which is to be generally located from Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation the parcels of land described herein by a single record vote of the City Council. Corpus Christi Page 17 Printed on 7/25/2013 City Council Meeting Minutes July 23,2013 This Resolution was recommended by staff to consent agenda. 36. Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 for Fiscal Year 2014 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide grant up to $50,000 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the SCORE Chapter 221 Small Business Incentives Agreement. This Resolution was recommended by staff to consent agenda. 37. Setting Date to adopt the Property Tax Rate Motion setting September 10, 2013 as the date of the adoption of the ad valorem tax rate of$0.588797 per$100 valuation. This Motion was recommended by staff to regular agenda. 38. Setting Public Hearing Dates for Ad Valorem Tax rate Motion setting a public hearing on the ad valorem tax rate for August 20, 2013 and a second public hearing for August 27, 2013, during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. This Motion was recommended by staff to regular agenda. 39. Renewal of State and Federal external legislative consultant contracts Motion authorizing the City Manager to execute one year renewal agreements for governmental relation services with Focused Advocacy for stategovern mental relations services for$78,000 per year plus reasonable expenses and with Meyers &Associates for federal governmental relations services for$72,000 per year plus reasonable expenses. This Resolution was recommended by staff to consent agenda. Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. ADJOURNMENT Corpus Christi Page 18 Printed on 7/25/2013 ® AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 " Action Item for the City Council Meeting of July 30, 2013 kPyNppP9PA;EO DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com 361-826-3169 Floyd Simpson, Chief of Police floods cctexas.com 361-826-2604 F_ Custodial Services CAPTION: Motion approving a service agreement with ABM Janitorial Services — South Central Inc., San Antonio, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI-0161-13 based on low responsible bid for an estimated annual expenditure of $85,500. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012-2013 and will be requested during the normal FY 2013-2014 budget approval process. PURPOSE: This service consists of cleaning and upkeep of 155,400 square footage of building. Approximately 330 offices are serviced under this contract. Waste removal, vacuuming, sweeping, mopping, buffing, dusting, cleaning rest rooms and shower stalls are all included as part of the service. BACKGROUND AND FINDINGS: Custodial services will be performed at main police building located at 321 John Sartin Street. This service will provide one full-time day custodian that will work Monday through Friday from 8:00 a.m. to 4:30 p.m. Nightly custodial services will also be required after normal business hours from 5:00 p.m. through 11:00 p.m. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Police Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $458,441.76 $85,500.00 $543,941.76 Encumbered / Expended Amount $212,879.08 $212,879.08 This item 1 $0.001 $85,500.00 1 $85,500.00 BALANCE 1 $245,562.68 $245,562.68 Fund(s): Police Building Maintenance and Operations Comments: No funds are required for FY2012-2013. However, funds will be requested for this service during the normal FY 2013-2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. O O O O c6 c6 U O O O O (q U) co LO LO N L O O O M LL r Q N_ //� L Vcn/ U 6c� O O O O a� cm co U M co O O Ln Ln U) x O O co E{} EA 'L O ap C 'C O co L O U c6 O N C 7 07 LE Q- 00 co O � U co co N N O O O O N N z O O O a O E!3 E!3 co Q N J r LO Co E N O C) m O C O Q 0i U co p EA m 2 2 2 0 O o 0 0 m 0 0 U O O Ul LI B cu LO U C N 07 CO _ � EA co (o _ L O O O U c N co m o co Q cn cn �a Q V- 0 ~ 0 N 0 z � 04 J a ._ U 0 J a° cn > J � ° � pwLLj m Q (2) O c) C/) Fu J LL = o U — 0 U m U Attachment I SERVICE AGREEMENT Contractor ABM Janitorial Services—South Central, Inc. Supply Agreement No. SA THIS Custodial Service Agreement (this "Agreement") is entered into by and between ABM Janitorial Services — South Central, Inc. (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 Custodial Service for Police Department Main Building and Municipal Court, 321 John Sartain Street, in response to Bid Invitation No. BI-0161-13 in accordance with Specification No. 1063, dated Revised 03/15/13 which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will perform the Custodial Service for Police Department Main Building and Municipal Court, 321 John Sartain Street in accordance with Specification No. 1063. 2. Term. This Agreement is for twelve (12) months commencing on the date signed by the last signatory hereto and continuing for twelve months thereafter. The term includes an option to extend for up to two additional twelve-month periods subject to the approval of the Contractor and the City Manager or his designee ("City Manager"). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is Police Maintenance& Operations Superintendent. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of 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 Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by 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. 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 of each year, 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, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Specification No. 1063, or Contractor's bid offer to Bid Invitation No. BI-0161-13 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 such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces 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 Building Maintenance Superintendent, 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. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI-0161-13 or Specification No. 1063. 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 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. 13. 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 payment is due. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 14. Drug Policy. Contractor must adopt a Drug Free Workplace Policy. 15. Violence Policy. 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 if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Police Maintenance & Operations Superintendent P.O. Box 9277 Corpus Christi, Texas 78469-9277 FAX No.: (361) 826-3395 IF TO CONTRACTOR: Contractor Name: ABM Janitorial Services — South Central, Inc. Contact Person: Attn: Ron Peden Address: 10521 Gulfdale City, State,Zip: San Antonio TX 78216 Fax No.: 866-502-4809 17. Month-to-Month Extension. If the City has not completed the bidding process and awarded a new supply agreement upon expiration of the original contract period or any extension period, the Bidder shall continue to provide goods/services under this Agreement, at the most current price under the terms of this supply agreement or extension, on a month-to-month basis, not to exceed six months. This supply 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 TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, .CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS'FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. SIGNED this �� day of , 20- Contractor: ABM Janitorial Services— South Central, Inc. Name: Ron Peden Title: Branch Manager CITY OF CORPUS CHRISTI Date: Michael Barrera Assistant Director of Financial Services Incorporated by Reference: Exhibit A-1: Bid Invitation No. BI-0161-13 (Includes Specification No. 1063 Insurance Requirements). Exhibit B: Bidder's Bid so 0 1k AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com 361-826-3169 Floyd Simpson, Police Chief Fred Segundo, Director of Aviation floyds cctexas.com fre s cctexas.com 361-886-2604 361-289-0171 Kimberly Jozwiak, Director of Municipal Court Robert Rocha, Fire Chief kimberlyi _cctexas.com rrocha cctexas.com 361-826-2515 361-826-3932 F_ Law Enforcement Firearms & Accessories CAPTION: Motion approving the purchase of firearms and accessories from Smith & Wesson Corporation, Springfield, Massachusetts, based on sole source, in the amount of $91,395. Funds are budgeted in the Police and Fire departments' FY 2012-2013 budgets. PURPOSE: These .40 caliber Smith & Wesson Model M&P firearms and accessories will be issued to and used by law enforcement officers in the Police Department, Airport Police, City Marshal's Office and Fire Department. The firearms are duty pistols that are replacements, as are the accessories, and will be used to protect and serve the citizens of Corpus Christi, Texas. BACKGROUND AND FINDINGS: The Police Department, Airport Police, City Marshal's Office and Fire Department investigators are the four areas within the City that have law enforcement responsibilities. Only the Police Department and Airport Police are currently standardized on a single make and model of firearm, that being Glock. A total of 466 new Smith & Wesson .40 caliber M&P model firearms will be secured from Smith & Wesson, of which 247 will be purchased outright and an additional 219 will be traded in on a gun-for- gun, no-cost basis. Ultimately, each department will secure the following number of firearms: 435 Police Department (192 no-cost, gun-for-gun trade and 243 purchased outright) 20 Airport Police (20 no-cost, gun-for-gun trade) 7 City Marshal's Office (7 no-cost, gun-for-gun trade) 4 Fire Department (4 purchased outright) 466 Total Firearms All 466 holsters are included by Smith & Wesson at no additional cost. The 150 spare magazines will be purchased outright. Glocks were not available earlier this year when the Police Department needed to secure 41 additional duty pistols for its police academy cadets. Thus, the Police Department secured the required .40 caliber firearms from Smith & Wesson. Glocks are currently not available. In order to ensure interchangeability of parts and accessories, particularly magazines and ammunition in the event of a major incident, it is necessary for the Police Department to standardize on a single make and model of firearm. This purchase will, therefore, ensure all four areas of law enforcement within the City use a single standardized firearm. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: This purchase is exempt from the competitive bidding statutes as provided in Section 252.022 (7) of Chapter 252 of the Local Government Code: "a procurement of items available from only one source". CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Police, Aviation, Municipal Court and Fire Departments FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $241,829.73 $0.00 $241,829.73 Encumbered / Expended Amount $120,923.06 $0.00 $120,923.06 This item $91,395.00 $0.00 $91,395.00 BALANCE 1 $29,511.67 1 $0.001 $29,511.67 Fund(s): Police and Fire Departments Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION SMITH &WESSON CORPORATION SPRINGFIELD, MA Unit Extended Item Description Qty. Unit Price Price 1 M&P Full-Size .40 Caliber Pistol, includes 247 each $360.00 $88,920.00 Three Magazines- Purchase 2 M&P Full-Size .40 Caliber Pistol, includes 219 each $0.00 $0.00 Three Magazines- Gun-for-Gun Trade In of Existing Glock Pistols 3 Safariland Holster STX finish 466 each No Charge $0.00 4 M&P Full-Size .40 Caliber Spare Magazines 150 each $16.50 $2,475.00 TOTAL: $91.395.00 ® AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 " Action Item for the City Council Meeting of July 30, 2013 kPyNppP9PA;EO DATE: 7/23/2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com 361-826-3169 Robert Rocha, Fire Chief rrocha cctexas.com 361-826-3932 Vehicles CAPTION: Motion approving the purchase of four (4) Chevrolet Tahoes and two (2) Ford Explorers from Caldwell Country Chevrolet/Ford, Caldwell, Texas for a total amount of $152,222. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC) and the State of Texas Cooperative Purchasing Program. Funding is available in the FY 2012-2013 of the Fire Department Fund. PURPOSE These six (6) vehicles will be used by the Fire Department for day-to-day work. BACKGROUND AND FINDINGS: All units are replacement units to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Fire Department FINANCIAL IMPACT: Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $175,000.00 $175,000.00 Encumbered / Expended Amount 0.00 0.00 This item $152,222.00 $152,222.00 BALANCE $22,778.00 1 $22,778.00 Fund(s): General Fund Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION PRICE SHEET SENIOR BUYER: GABRIEL MALDONADO TAHOES/EXPLORERS COUNCIL DATE: JULY 23, 2013 BUYBOARD CONTRACT NO. 358-10 SMARTBUY CONTRACT NO. CPA 071-A1/662B CALDWELL COUNTRY CHEVROLET/FORD CALDWELL, TEXAS UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE BUYBOARD CONTRACT 1. 2014 Chevrolet Tahoe 4 EA $26,461.00 $105,844.00 SMARTBUY CONTRACT 2. 2014 Ford Explorers 2 EA $23,189.00 $46,378.00 TOTAL: $152,222.00 Cyr 0 � AGENDA MEMORANDUM oPOaEO Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikebC�?cctexas.com (361) 826-3169 Michael Morris, Director of Parks and Recreation michaelmoC_cctexas.com (361) 826-3464 Purchase of Fire Alarm Systems CAPTION: Motion approving the purchase and installation of four (4) fire alarm systems from MCS Fire & Security, Corpus Christi, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $64,958.00. Funds have been budgeted by the Parks and Recreation Department in FY 2012- 2013. PURPOSE: To improve safety at the Greenwood, Lindale, Ethel Eyerly, and Northwest Senior Centers. BACKGROUND AND FINDINGS: The fire alarm systems are replacement systems that will include new wiring, control panels, sensors, smoke detectors, and temperature probes. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The fire alarm systems will meet all National, State, and Local codes. 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: Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $122,843.00 $0 $122,843.00 Encumbered / Expended Amount $3,872.18 $0 $3,872.18 This item $64,958.00 $0 $647958.00 BALANCE $547012.82 $547012.82 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION FIRE ALARM SYSTEMS BUYER: GERALD GOODWIN TXMAS CONTRACT NO. 9-84060 MCS FIRE &SECURITY CORPUS CHRISTI, TEXAS UNIT TOTAL ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1 Purchase and installation of fire alarm system at 1 Each $16,855.00 $16,855.00 Greenwood Senior Center. 2 Purchase and installation of fire alarm system at 1 Each $16,855.00 $16,855.00 Lindale Senior Center. 3 Purchase and installation of fire alarm system at 1 Each $12,709.00 $12,709.00 Ethel Eyerly Senior Center. 4 Purchase and installation of fire alarm system at 1 Each $18,539.00 $18,539.00 Northwest Senior Center. TOTAL: $64,958.00 Cyr 0 � AGENDA MEMORANDUM oPOaEO Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikebC_cctexas.com (361) 826-3169 Gus Gonzalez, Director of Water Operations g ustavogo2 cctexas.com (361) 826-1874 Water Truck CAPTION: Motion approving the purchase of one (1) 2,000 gallon Water Truck from Corpus Christi Freightliner, Corpus Christi, TX for a total amount of $88,800.00. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council. The equipment will be used by the City's Water Department. This unit is an addition to the fleet. Funds are available from the Water Department Fund No. 4010. PURPOSE: The Water Department's backfill crews require the use of a water truck to hydrate and compact stabilizing sand used in repair projects throughout the city. BACKGROUND AND FINDINGS: The Water Department is currently renting a 500 gal. water trailer at a cost of $800.00 a month to fulfill current needs. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: None 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: Water Department FINANCIAL IMPACT: Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $10,176,298.34 $10,176,298.34 Encumbered / Expended Amount $9,833,966.67 $9,833,966.67 This item $88,800.00 $887800.00 BALANCE $2537531.67 $2537531.67 Fund(s): Water Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI Price Sheet PURCHASING DIVISION HGAC #HT11-12 SENIOR BUYER-TOM RICHEY Corpus Christi Freightliner Corpus Christi Unit Extended ITEM DESCRIPTION QTY.I UNIT Price Price 1. 2013 Freightliner M2-70 truck chassis, 35,000 GVWR 1 each $88,800.00 $88,800.00 with 2,000 gal.water tank body TOTAL: $88,800.00 Cyr CO's � PH v AGENDA MEMORANDUM ��aRPO,a,E� Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361-826-3169 Lawrence Mikolajczyk Director of Solid Waste Operations LawM C_cctexas.com 361-826-1972 Hurricane/Storm Disaster Recovery Services CAPTION: Motion awarding a contingency service agreement with CrowderGulf, LLC, Theodore Alabama, to provide hurricane disaster recovery operation services, in accordance with Bid Invitation No. BI-0167-13, based on most advantageous proposal, for an estimated event expenditure of $62,620,440. The term of the contract will be for five years. PURPOSE: The contractor will provide emergency debris clearing and disposal services in response to a hurricane or other disaster that may impact the City. BACKGROUND AND FINDINGS: The contractor will provide initial roadway debris clearing; removal and disposal of debris; and collection, characterization, packaging, transportation and disposal of hazardous wastes services. The cost is based on responding to a direct hit of a Category 4 storm which will generate approximately 7,000,000 cubic yards of debris within the City limits. Pricing includes the cost of providing heavy duty equipment required to move large amounts of debris, work crews that will assist in the cleanup, dump trucks required to transport the debris to Temporary Debris Staging and Reduction (TDSR) sites, opening, operating and closing the TDSR sites, documenting the volume and types of debris removed from City ROWs and disposal of hazardous waste. The contractor will work in conjunction with City forces in responding to a major hurricane or disaster. This contingency or pre-position contract will minimize recovery time and maximize the opportunity for FEMA reimbursement. ALTERNATIVES: The City issued a Request for Proposal for these services. The recommended award is based on best value. CrowderGulf is also the lowest cost provider. OTHER CONSIDERATIONS: This contract will only be activated in the event of an emergency. Emergency declaration procedures will be performed in accordance with City policy and determined by the size and magnitude of the storm. The contract is structured to allow for activation for small isolated storms or tornadoes as well as a major hurricane. As a contingency contract, certification of funds is not required due the unknown cost of any particular event. CONFORMITY TO CITY POLICY: This award conforms to all State Statutes and City policies governing procurement activities of the City. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Solid Waste FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital X Not applicable (ENSURE THE APPROPRIATE BOX ABOVE IS CHECKED). Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Funding for this contract will initially be drawn from reserve accounts but will likely be reimbursed by FEMA under their disaster recovery reimbursement guidelines. RECOMMENDATION: Staff recommends awarding the motion as presented. LIST OF SUPPORTING DOCUMENTS: Award Matrix City of Corpus Christi Award Matrix Purchasing Division Post Hurricane/Storm Disaster Recovery Operations Buyer: Michael Barrera July 23,2013 CrowderGulf Ceres Environmental D&J Enterprises Theodore,AL Houston,TX Auburn,AL Criteria Maximum Points Methodology 23 21.81 21.77 18.17 Profile 23 21.54 22.08 19.40 Exceptions 4 4.00 4.00 4.00 Pricing 50 50.00 48.56 48.69 97.35 96.41 90.26 Event Total $62,220,440 $64,471,610 $64,302,620 (7,000,000 Cubic Yards of Debris Removal) SERVICE AGREEMENT No. THIS SERVICE AGREEMENT (this "Agreement") is entered into by ;and between CrowderGul£ LLC (the "Contractor'") and the City of Corpus Christi;;a Texas home-rule municipal. corporation (the "City") effective for all purposes upon execution by the City Manager WHEREAS Contractor has proposed to provide Post Hurricane/Storm Disaster Recovery Operations Services in response to Request for Proposal No. BI-010- i3,which is incorporated once and attached hereto as Exhibit A;and 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 Post Hurricane/Storm Disaster Recovery Operations Services in accordance with Request for Proposal .No. BI- 01 67-13p which is incorporated by reference and attached hereto as,Exhibit A. 2. Fee for Services. The City agrees to pay the Contractor the rn ally agreed upon.fees as follows: THIS SECTION TO BE COMPLETED AS PART OF PROCUREMENTIIVEG"OTL4TIONP;Xi`flC'ESS, Fees are fixed and firm for the first full year of the contract. 3. Term. This Agreement commences on the date signed by the last signatory and shall continue for a period of five.years, subject to recertification annually. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of perrformance and :operations under this Agreement t including deductions for non-performance and authorizations for payment. All of Contractor's notices orr, corn munications regarding this: Agreement must be directed to the Contract Administrator, who is the Director of Solid WaAc Services. S, Independent Contractor. Contractor will,perforns the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered an employee of the City.: 29 6. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least thirty (30)clays' advance written notice of cancellation,material change in the coverages,or intent not to renew any of the policies by certified snail, The City must be named as an Additional Insured. The City Attorney must be given copies of 911 insurance policies within fifteen (15) days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI-0167-13,.which is incorporated herein as Exhibit.A, and may be revised annually by the City Manager upon thirty(30)days' advance written notice to Contractor. 7. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written,consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City,does not represent that the budget item for this agreement will be actually adopted, since that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's offer to Request for Proposal No. BI-0167-13 waives any subsequent breach of the same. 10.Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws, rules and regulations. 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 the State of Texas and the venue for such disputes is the appropriate district, county or justice court in and for Nueces County,Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however; Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 12,Amendments. This Agreement may be amended only by written agreement signed:by duly authorized representatives of the parties hereto. 30 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. lB1 167-13. Failure to keep all insurance policies in force for the enure term.of this Agreement is grounds for termination. The Contract Adr nistrator must give Contractor at least 5 work-days' advance written:notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon twenty (20) days' advance written notice to Contractor: However, City may terminate this .Agreement on 24-hours' advance written notice to Contractor for failure to pay or provide proof`of payment of taxes asset out in Section 14 of this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide; publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within thirty (30)days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to terminate this Agreement after providing, 24 hours' advance written notice to Contractor. 15,Drug Policy, Contractor must adopt a Drug Free Workplace and drug testing policy. 16. Violence Policy. Contractor must adopt a Violence in the Workplace policy. 17. Notice. Notice may be given by fax; hand delivery or certified mail, postage prepaid,and is deemed received on the day faxed or hand-delivered or on the third day after deposit in the U.S. Mail, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Solid Waste Services P. 0. Box 9277 Corpus Christi,,Texas 78469-9277 IF TO CONTRAC'T'OR: Contractor Name: CrowderGulff, LLC Contact Person: John Ramsay, 'resident Address: 54:35 Business Parkway City, State, Zip: Theodore AL ao 82 800-992-6207 i 31 f 18. Indemnification. CONTRACTOR .SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY AND ITS OFFICERS, EMPLOYEES AND A(EJVTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIAR BILITY, LOSS, CLAIMS, DE112ANDS, SUITS AND CA RISES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER I X17VD OF DAMAGE, ;INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATT+O!RNETS'FEES AND EXPERT WITNESS FEES.WHICHARISE OR,ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF TL(IS 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 4)A� 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 FAYALL CHARGES OF ATTORVEYAND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS THE INDEMNI CATION OBLIGATIONS OF PROPOSER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THE CONTRACT. 19. Severability. Each provision of the Agreement shall be considered to be severable and, it for any ;reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or fixture applicable law; such invalidity shall not impair-the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or°part thereof had been omitted.. SIGNED this 2nd day of July 2013, Contractor- CrowderGalf.LLC Signature Name: John Ramsav Title; President&COO CITY OF CORPUS MRISTI Michael Barrera Assistant Director of Financial Services 3 7 E 32 Incorporated by Reference: Exhibit A: Request for Proposal No.BI-0167-13 Exhibit B. Proposer's Proposal 33 ® AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 " Action Item for the City Council Meeting of July 30, 2013 kPyNppP9PA;EO DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com 361-826-3169 Laura Garcia, Interim Director of Libraries lauraga cctexas.com 361-826-7070 F_ Supply Agreement for Library Books and Recordings CAPTION: Motion approving supply agreements with the following companies for the following amounts, for library books and recordings in accordance with Bid Invitation No. BI-0173-13, for an estimated annual expenditure of $300,000. Awards are based on lowest responsible bid; providing for secondary suppliers for Group I and II. The term of the contracts will be for twelve months with an option to extend for up to four additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY 2012- 2013 and will be requested during the normal FY 2013-2014 budget approval process. Primary Secondary Secondary Baker & Taylor, Inc. Brodart Company Ingram Library Services, Inc. Charlotte, NC Williamsport, PA La Verqne, TN Groups: I - VIII Group: I Group: II Total: $290,000 Total: $5,000 Total: $5,000 Grand Total: $300,000 PURPOSE: The books and recordings are ordered by the Corpus Christi Public Libraries for inclusion in the City's public libraries. BACKGROUND AND FINDINGS: Contracts are established to provide for secondary suppliers for library books and recordings. The bidder who submitted the lowest bid per group is designated primary supplier. If the primary supplier does not have a particular group for library books and recordings in stock, the City will contact the supplier that submitted the 2nd lowest bid. This process is utilized to ensure the City has a readily available source of library books and recordings. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTALCLEARANCES: Corpus Christi Public Libraries FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget $452,244.16 $300,000.00 $752,244.16 Encumbered / Expended Amount $377,487.29 $377,487.29 This item 1 1 $0.001 $300,000.00 1 $300,000.00 BALANCE 1 1 $74,756.87 1 $74,756.87 Fund(s): Corpus Christi Public Libraries. Comments: No funds will be required for FY 2012-2013 budget for library books and recordings, however, funds will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. Bid Invitation No.: BI-0173-13 CITY OF CORPUS CHRISTI Library Books and Recording PURCHASING DIVISION Buyer: Gabriel Maldonado BID TABULATION Date: July 23, 2013 INGRAM LIBRARY BAKER&TAYLOR, INC BRODART CO. SERVICES INC. CHARLOTTE, NC WILLIAMSPORT, PA LA VERGNE,TN % Discount from % Discount from % Discount from ITEM DESCRIPTION Publishers List Price Publishers List Price Publishers List Price 1.0 GROUP I. BOOKS Estimated Annual Expenditure:$205,500 1. Trade Hardcover books 47.2% 46.5% 45.8% 2. Short discount(technical/specialized) 15.0% 12.0% 12.0% 3. Publishers library binding 27.0% 23.0% 20.0% 4. Single edition(reinforced or school ed.) 27.0% 40.0% 20.0% 5. University press publications 27.0% 12.0% 12.0% 6. Trade paperbacks 41.7% 40.5% 42.0% 7. Mass market paperbacks 41.7% 40.5% 41.5% 8. Net price(no discount from publisher) 5.0% 0.0% 0.0% Award $5,000.00 2.0 GROUP II. AUDIO-VISUAL MATERIALS Estimated Annual Expenditure:$38,000 1. DVD 28.0% 25.0% 27.5% 2. Spoken Word Books on CD 45.1% 42.0% 45.0% Award $5,000.00 3.0 GROUP III. STANDING ORDERS- Estimated Annual Expenditure:$7,500 Award QQ 4.0 GROUP IV. PRE-PROCESSING COST- HARDBACKS Award 21500.00 5.0 GROUP V. PRE-PROCESSING COST- Award 10 500.00 6.0 GROUP VI. PRE-PROCESSING-BOARD BOOKS Award 3 000.00 7.0 GROUP VII. PRE-PROCESSING-BOOK ON CD Award 3 500.00 8.0 GROUP VIII. PRE-PROCESSING-DVD&BLUE Award 10 500.00 Award Total $290.000.00 QQ 44 Grand Total $300.000.00 SC 0 o° 1 AGENDA MEMORANDUM NaRa©aa�� Future Item for the City Council Meeting of July 23 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 2, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Storm Water and Street Operations ValerieG @cctexas.com (361) 826-1875 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Engineering Design Contract for Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Improvements Option Year 2 CAPTION: Motion authorizing the City Manager, or designee, to execute Contract for Professional Services with Engineering and Construction Management Services LLC from Corpus Christi, Texas in the amount of$85,600, for Indefinite Delivery/Indefinite Quantity Minor Street Improvements Option Year 2. PURPOSE: The purpose of this Agenda Item is to authorize services required for continuing construction phase services for the Minor Street Indefinite Delivery/Indefinite Quantity Program. BACKGROUND AND FINDINGS: This contract amendment provides for continued construction phase services to support the Minor Street IDIQ project. This project was developed to supplement the efforts of the City Street Department to improve the quality of our streets. This project allows for immediate identification and prioritization of outstanding work orders within the City Maximo Data Base. The areas of repairs are localized street pavement and base material failures and potholes and are not intended for major street rehabilitation or reconstruction. The work may include saw cutting, crack sealing, seal coat, milling, curb and gutter and ancillary minor utility manhole ring and cover and valve adjustments. On January 11, 2011, City Council authorized a construction contract with Grace Paving and Construction, Inc. of Corpus Christi, Texas in the amount of$1,840,000 for year one of the IDIQ contract. Contract renewal for option year two was offered to Grace Paving and Construction, Inc. for the amount of$1,600,000. Construction is anticipated to start in August 2013. ALTERNATIVES: 1. Execute a Contract for Professional Services with Engineering and Construction Management Services LLC as proposed. 2. Do not execute a Contract for Professional Services with Engineering and Construction Management Services LLC as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This contract amendment supports the Street Department's ongoing maintenance and minor repair program. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Storm Water and Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS Line Item Budget $0.00 $1,800,000.00 $0.00 $1,800,000.00 Encumbered/Expended $0.00 $0.00 $0.00 Amount This item $85,600.00 $0.00 $85,600.00 Future Anticipated $1,713,400.00 $0.00 $1,713,400.00 Expenditures This Project BALANCE $0.00 $1,000.00 $0.00 $1,000.00 Fund(s): Streets Operating Fund Comments: This project is funded from the Street Operating fund, and is independent from the Street User Fee. RECOMMENDATION: City Staff recommends the approval of a Contract for Professional Services with Engineering and Construction Management Services LLC. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map PowerPoint Contract PROJECT BUDGET ESTIMATE Minor Street Indefinite Deliverylindefinite Quantity Program Option Year 2 PROJECT FUNDS AVAILABLE: Street Operating Fund ................................................................................... $ 1,800,000.00 TOTAL.......................................................................................................... 1,800,000.00 FUNDS REQUIRED: Construction (Grace Paving).............................................................................. 1 6 00,000.00 Design Fees: Engineer- Schematic Design (ECMS )................................................................ 85,600.00 Misc. Testing and Inspection (TBD)..................................................................... 14,400.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................... 27,000.00 Engineering Services (Project Mgt//Traffic Mgt Services)......................................... 54,000.00 Finance......................................................................................................... , 9 000 00 Misc. (Printing,Advertising, etc.)........................................................................ 9,000.00 TOTAL.............................. ............. .................................................. ............. $ 1,799,000.00 ESTIMATED PROJECT BUDGET BALANCE...................................................... $ 1,000.00 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277(City)acting through its duly authorized City Manager or Designee (Director of Engineering Services) and ENGINEERING AND CONSTRUCTION MANAGEMENTSERVICES LLC, a Texas corporation, 5002 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Indefinite Deliverylindefinite Quantity Minor Street Improvements Option Year 2 (Proiect No. E13072) —This is an ID/IQ project to perform minor street pavement repairs involving base repairs, subgrade stabilization, and HMAC surface replacement. The work will be issued in Delivery Orders that will provide specific scope of work and requirements. The work may include saw cutting, crack sealing, seal coat, milling, curb and gutter replacement and other minor utility adjustments to manhole ring and cover, and water line valve adjustments. This professional services contract supports construction of renewal Option Year 2 of an ongoing program. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates(project progress or delays,gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A",to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be"Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering(A/E)Services Page 1 of 3 K:%ENGINEERING DATAEXCHANGEVANGIEMISTREE nE130721D10 MINOR STREET IMPROVEMENTS OPTION YEAR TWO11 CONTRACT PROFESSIONAL SERVICES.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $85,600.00 (Eighty Five Thousand Six Hundred Dollars and Zero Cents), as shown in the attached Exhibit"A". Monthly invoices will be submitted in accordance with Exhibit"C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be Contract for Engineering(A/E)Services Page 2 of 3 K%ENGINEERING DATAEXCHANGEWNGIEMISTREETE13072 IDIO MINOR STREET IMPROVEMENTS OPTION YEAR TWO11 CONTRACT PROFESSIONAL SERVICES DOC used again by the A/E without the express written consent of the Director of Engineering Services. However, the AYE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form, CITY OF CORPUS CHRISTI ENGINEERINGAND CONSTRUCTION MANAGEMENT SERVICES LLC :UJI # I -Zol-3 Oscar R. Martinez, Date F41ix Oc' anas, Jr., P 'E Date Assistant City Manager President 5002 Oakmont Drive Corpus Christi, TX 78413 RECOMMENDED (351) '986-1202 Office Daniel Biles, P. E., Date Director of Engineering Services ENTERED Valerie Gray, P. E., Date JUN 2 8 Z013 Director of Streets and Storm Water CONTRACT MANAGERS APPROVED AS TO FORM Project No. F13072 Fund Name: Streets Fund Fund Source No. 530000-1041-12430-F13072 Office of Management Date Encumbrance No and Budget ATTEST Armando Chapa, City Secretary Contract for Engineering(AI E)Services Page 3 of 3 K 1ENGGINEERING DATAEXCHANGErANGI'--ti,STREEIIE13072 QQ IM NOR STREET PA,Il ROVE MENTS OPTION YEAR TV,10 1 CONTIRACT PROFESSIONAL SERVICES DOC EXHIBIT "A" CITY OF CORPUS CHRISTI,TEXAS ID/10 MINOR STREET IMPROVEMENTS (Project Number E13072) I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer-A/E will: a. Prepare the necessary correspondence for the signature of the Director of Engineering Services leading towards the 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 compatible with the image-viewing software available on the City's computer - EXHIBIT"A" Page 1 of 5 Revised April 2010 KtEngmoenng DataExchangaWNGIEM%STREE nE13072 IDIO MINOR STREET IMPROVEMENTS OPTION YEAR TWO%2 EXHIBIT A LARGE AE REVISED June 2013 IDIO (2)doc 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. 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. 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. EXHIBIT"A" Page 2 of 5 Revised April 2010 K1Engineenng OalaExehan geVWGIEKSTREEM130721010 MINOR STREET IMPROVEMENTS OPTION YEAR TW012 EXHIBIT A LARGE AE REVISED dune 20131010 (2)doe 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. 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 3 of 5 Revised April 2010 K%Engimenng DataExcnange%ANG[EM%STREET%E 13072 tO10 MINOR STREET IMPROVEMENTS OPTION YEAR TWO12 EXHIBIT A LARGE AE REVISED June 20131DIQ (2)doe 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. 4 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 Day Date Activity WAdnAmd Main Desian Menda Pre Final gubm,#al MGgday Pm Reel CnnfPno °�ece(rve-RiCIs Monday July 15, 2013 Contract Award Monday July 22, 2013 Begin Construction Tuesday July 22, 2014 Complete Construction 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 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 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 4 of 5 Revised April 2010 K%Engmeenng DataExchange%ANGIEM%STREETtE13072 IDIQ MINOR STREET IMPROVEMENTS OPTION YEAR TWO12 EXHIBIT A LARGE AE REVISED June 2013 IDIQ (2)Coe 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 2. Design Phase (Planning--Street Dept) 120hrs @$100/hr) $12,000 3 Rid phase 4. Construction Phase (22x12x1x$75) $19,800 Subtotal Basic Services Fees $32,800 Additional Services Fees (Allowance) 5. Construction Observation Services(12x22x4x$50) $52,800 6. StaFt up SeFyises-, 7. Warranty Phase Included above Sub-Total Additional Services Fees Authorized $52,800 Total Authorized Fee $85,600 EXHIBIT"A" Page 5 of 5 Revised April 2010 K%Enga*enng OalaExdkange%ANGIEMISTREE nE13072 IDIO MINOR STREET IMPROVEMENTS OPTION YEAR TW012 EXHIBIT A LARGE AE REVISED J"rte 20131DIO (2)Coe EXHIBIT "A-1" TASK LIST (Provides supplemental description to Exhibit"A". Exhibit"A-1"Task List does not supersede Exhibit"A.") CITY OF CORPUS CHRISTI, TEXAS IDIIQ MINOR STREET PAVEMENT IMPROVEMENTS (Project No. E13072) 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 Revised April 2010 C.U1+ersWVtehl lWDataLLocaMliaosoMWirdows%Temporary Internet FilestContent 0utlooMPTZSM01-101 EXHIBIT A-1 TASK LIST LARGE AE REVISED June 2013 IDIQ-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 $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, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,0001500,000/500,000 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. EXHIBIT"B" Page 1 of 3 JAEngirmnng FormAARGE 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 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 J,krngineenng Fam VI ARGE AE EXHIBIT B OOCX 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 JAEngineenng Farms%ARGE AE EXHIBIT B.DOCX 0 0 0 0 0 0 0 0 0 0 0 0 0 ol I� I` O to 0 0 0 0 0 0 to O M V � E d CL V M M C C C C d O O O O O 00 0 0 0 0 0 0 Q 0 O O O 0 O to Ltd m LO to o � 4 0 0 0 0 0 00 O O O O O Qm Qm 6q O O O o V O to to I- to to •� > d�? Efl tf3 EH L C a — c m O� Q O O O ° Oa O O O O p p a o 0 a ov Co m E °> o I- 64 a � LU .• r r to o 6A. r Cn cD CD o c" o 2 aD O O N m M — M � N r L O N M M w cc w L G <A to /A V), V). o V W V- N C: OW O N o O O O O O O O O QO O OQ 6% V% m 0% V9, Z aZv zH H � o c Q ga — X0) 00000) CDaaa0pQO) C� 00� v z° ~ ~ a a .r ti Co O co O — O O O � p p to ui m co O G O rn m m 0 O rn w r CO -- '- O O N M M _ V- N O N M LO M o to t Co o (f} Efl Efl tf} EA V N U_ U N Z N U H to LL N v ns H N LL _U N L N N >% N O LL N Z V d ch tN C L � : p U 0) L 0) L Co m C D a c ca Q LL •tyo a E O o n o m Q E U O N 0 N m N :3 :. O ma mwUcn as SatrOcnU) co EXHIBIT"C" Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BYrnT- PURCHASING DIVISION City o CITY OF CORPUS CHRISTI Chr sti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: 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 8 3. Sole Owner El 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 Carpus 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 I 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 I it 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 requosted; 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 MPO or Print) Signature of Certifying Date: Person: 44-0 ~ dd 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. \Mproject\councilexhibits\exhE13072.dwg 04 M1, f /r r i r 4 1 � s P � t i' ,r f l �17 �% 3r ,,:, ��, �<r x�* / /sr r£� r !✓, #�� g", r r.'r, rf?r '. ✓r hltJ��5 Zfrlr ✓r t£f£rs ,! zXf r/ ri r r r ? z�"f ?�l �r /r7 s .��rrr� 9Jl � r r �G• � � >f f r-: ,�7" `t. ..�;rr :�4 r a s� if`nS s'�isrftl�rir �f'r✓j, sPt.,,;:, r '`! Jt /; /rfr�f�ir✓� ��� y3' s }tix-. Yk? r P rt �'rf�t#i �€"fy s r f��``f 3. t '��`� 'r/je��#f rl /r �`-�i yt , � 5t, rsr ✓r2 �fr�`zt�� ` �l sFj ✓ '` s r/fir r � r / rrC „ o/ rNr i f ��� /. i f✓ '-r r �, / r r „? {.',� trra� �� � �f'� �#"i' gfr�s tw f -j<, �i'� &� 'wr fi'>''sr�r� 11„rf'`' )L. "„ s r✓� � f{ rf rf r � r z; P�r.� z r z{`�f� qs;,rE£r ,llrxs z1 ✓fir? 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OIL- LOCATION MAP NOT TO SCALE PROJECT#E13072 Indefinite Delivery/ CITY COUNCIL EXHIBIT Indefinite Quantity inor Street Improvements CITY OF CORPUS CHRISTI, TEXAS y p DEPARTMENT OF ENGINEERING SERVICES Option Year 2 PAGE: 1 of 1 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 FAC4kr6RPY� ss Action Item for the City Council Meeting of July 30, 2013 DATE: July 8, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Gustavo Gonzalez, P.E., Director of Water Operations GustavoGo@cctexas.com (361) 826-1874 Engineering Design Contract Mary Rhodes Pipeline Phase2 CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 9 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $195,664.00, for a total restated fee not to exceed $11,335,503.00 for Mary Rhodes Pipeline Phase 2. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: The construction of the Mary Rhodes Pipeline Phase 2 project was planned for 10-20 years into the future after design. Since the design of an additional pump station and sedimentation basin were being added to the scope of work in Amendment No.5, the design team recommended removal of SCADA services until closer to final design, so the SCADA services were not included in content of Amendment No. 5. The premise behind this recommendation was anticipated advances in SCADA technology over the next 10-20 years. Now that it is anticipated that the project will go to construction in early 2014, the SCADA services must be added into the contract. These services have been discussed with and refined by the Water Department. Amendment No. 5 was a zero dollar administrative amendment contract whose fee for basic and additional services was offset by downsizing services of Subsurface Utility Exploration, Archeological Investigation and Right-of-Way Acquisition in Amendment No. 4. The original contract included limited SCADA services for the intake pump station. This agreement allows the Engineer— Freese and Nichols, Inc. to provide all SCADA services for the Mary Rhodes Phase 2 project. The design phase services will include tie-in of the proposed Mary Rhodes Phase 2 project SCADA control components to the existing Mary Rhodes Phase 1 infrastructure at Lake Texana. The deliverables associated with this amendment are project control narratives, integration, verification, and validation (IVV) specifications, supervisory system software architecture and project documentation. Included in the construction phase services is submittal review related to SCADA, control meetings with the system integrator, factory acceptance testing, start-up/checkout of control and site acceptance testing. ALTERNATIVES: 1. Execute the Contract for Professional Services with Freese and Nichols, Inc. as proposed. 2. Do not execute the Contract for Professional Services Freese and Nichols, Inc. as proposed. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012-2013 Water Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2012-2013 Expenditures (CIP only) Line Item Budget $11,357,284.00 $814,226.00 $148,612,493.00 $160,784,003.00 Encumbered / Expended Amount $11,357,284.00 $11,357,284.00 This Item $195,664.00 $195,664.00 Future Anticipated Expenditures This Project $618,562.00 $148,612,493.00 $149,231,055.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Water CIP #14 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $195,664.00. RECOMMENDATION: City Staff recommends the contract amendment be awarded to Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of$195,664.00. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET Mary Rhodes Pipeline Phase 2 FUND SOURCE: Texas Water Development Board Loan............................................................ $7,961,825.00 Water Revenue Bonds.................................................................................. 4,209,685.00 Future Funding Required............................................................................... 148,612,493.00 PROJECT TOTAL....................................................................................... $160,784,003.00 FUNDS REQUIRED: 50% Construction Estimate for Pipeline/Pump Stations/Sedimentation Basin (with 15%contingency for pipelines and 20 contingency for pump station and sedimentation basin)..................................................................................... 126,600,000.00 Engineer Design (Includes THIS Amend. No. 9) (Freese and Nichols, Inc.)*........... 11,335,503.00 Legal Services & Future Misc Project Costs (Bruce Hawn, Welder Leshin, LLP)**..... 12,812,500.00 Power Supply Costs...................................................................................... 2,500,000.00 Reimbursements.......................................................................................... 7,536,000.00 TOTAL...................................................................................................... $160,784,003.00 PROJECT BUDGET BALANCE..................................................................... $0.00 *Original Design Contract awarded October 28, 2003 by Motion No. M2003-394 **Legal Services Agreement awarded July 12, 2011 by Motion No. M2011-164 \Mproject\counci1exhibits\exhE10008.dwg N Ganado INTAKE PUMP STATION 5s Bay City 71 172 Markha 111 111 35 t " Blessing 60 WEST DELIVERY 616 STATION 1862 �1 La Ward 35 ;an'derbilt PHASE 2 PIPELINE 172 MARY RHODES PIPELINE LOCATION MAP NOT TO SCALE PROJECT#E10008 CITY COUNCIL EXHIBIT MARY RHODES PIPELINE CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PHASE 2 PAGE: 1 of 1 AMENDMENT NO. 9 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Freese and Nichols, Inc. agree to the following amendment to the Contract for Professional Services for Garwood Water Supply Project (Project No. 84241, as authorized and amended by: Original A/E Agreement October 28, 2003 Motion No. M2003-394 $116,100.00 Amendment No. 1 October 19, 2004 Motion No. M2004-387 $285,490.00 Amendment No. 2 December 18, 2007 Motion No. M2007-334 $911,997.00 Amendment No. 3 March 11, 2009 Administrative Approval $0.00 Amendment No. 4 March 9, 2010 Motion No. M2010-051 $9,676,590.00 Amendment No. 5 November 30, 2011 Administrative Approval $0.00 Amendment No. 6 January 14, 2012 Administrative Approval $49,940.00 Amendment No. 7 April 24, 2013 Administrative Approval $49,822.00 Amendment No. 8 May 29, 2013 Administrative Approval $49,900.00 Amendment No. 9 revises the project scope for Mary Rhodes Pipeline Phase 2 (Project No. E10008) to the Garwood Water Supply Project as follows: Exhibit "A", Section 1. Scope of Services, Part A. Basic Services, shall be modified to include additional Design and Construction Phase services as specified in Amendment No. 9 Exhibit"A". ➢ ITEM NO. 3 Desion Phase in the amount of$88,476.00 ➢ ITEM NO. 5 Construction Phase in the amount of$107,188.00 Exhibit "A". Section 2. Schedule, shall be modified as specified in the attached Amendment No. 9 Exhibit"A", Schedule. Exhibit "A", Section 3. Fees, shall be modified as specified in Amendment No. 9 Exhibit "A" for a revised fee not to exceed $195,664.00 (One Hundred Ninety-Five Thousand Six Hundred Sixty-Four Dollars and Zero Cents), for a total restated fee not to exceed $11,335,503.00 (Eleven Million Three Hundred Thirty-Five Thousand Five Hundred Three Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Amendment No. 9 Exhibit"B" All other terms and conditions of October 28, 2003 contract and amendments between the City and Freese and Nichols, Inc. will remain in full force and effect. AMEND.N0.9 Page 1 KIENGINEERING DATAEXCHANGEUENN IFERIWATERIE10008 MARY RHODES PIPELINE,PHASE 2VIMENDMENT NO.8ICONTRACTICONTRACT.DOCX CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. Oscar R. Martinez, (Date) R 'n Gdzmarf, P.E., (Dat Assistant City Manager Principal 800 North Shoreline Blvd., Suite 160ON Carpus Christi, TX 78401 (361) 561-6640 Office (3611) 561-6501 Fax RECOMMENDED Daniel Biles, P.E., (D t ) Dire r o ngine ing Services Operating epartme t t (Date) APPROVED AS TO FORM: Office of Management and Budget (Date) ATTEST Armando Cha a, City Secretary ENTERED Project o: E10008 J UM P—'' 1 Fund Source Igo: 550950-4091-00000-El0008 Fund game: Water 2012B CIP Fd (RvBd) i U t MAWAuffi Encumbrance No. MEND. NO. 9 Page 2 of 2 KkENGINEERING DATAEX.GHANGEUENNIFER\WATER1EI0008 MARY RHODES PIPELINE,PHASE ZAMENDMENT NO.MCONTRAG-RCONTRAGT.OGGX - Big Soo N.Shoreline Blvd.,Suite 1600N . Carpus Christi,nexus 78401 g 361-561-6500 m fax 361-561-6501 wv<r+a:.fre esk.corn TO: Bill Green, P.E. CC: Ron Guzman, P.E., Dan Biles, P.E., Daniel Deng, P.E. FRO Anne Carrel, P.E. SUBJECT: Mary Rhodes Phase 2 SCADA Services DATE: May 7, 2013 PROJECT:CT: Mary Rhodes Phase 2 Freese and Nichols, Inc. (FNI) proposes to add the following services to the Mary Rhodes Phase 2 contract for SCADA design and construction phase services. SCADA services were removed from the contract by Amendment No.5 related to the addition of an additional pump station and sedimentation basin. if the proposed services are acceptable, FNI will put together a design fee based on this scope of work. Mary Rhodes Phase 2 SCADA Services Design Monthly SCADA meetings—3 meetings 60%and 90% Review Meetings/Workshops—2 workshops Develop Sequence of Operations/Control Narratives Integration,Verification, and Validations(IVV)Specs Incorporate Mary Rhodes Phase 1 SCADA into proposed Mary Rhodes Phase 2 HMI at Lake Texana Construction Answer BFI's related to SCADA Construction Meetings/Site Visits—S meetings/site visits Review SCADA shop drawings Control meetings with System Integrator-3 meetings Factory acceptance testing Start-up/Checkout of controls Site Acceptance Testing FNI coordinated with the City of Corpus Christi's(City's)Water Department on the proposed services. The Water Department prepared the SCADA requirements below for the Mary Rhodes Phase 2 project. FNI compiled the simplified proposed list of services using these SCADA requirements. These SCADA requirements will be incorporated into FFI's design. AMEND. NO. 9 EXHIBIT"A" Page 1 of 13 K4Engineenng DataExchangeLJENNIFERSWATER%E.lCOOB MARY RHODES PIPELINE,PHASE 2tAMENDMENT NO 91CONTRACT1Exh'4it A.doc. �3 May 7,2013 Page 2 of 4 SCADA Requirements Provided by the City's Water Department COMMUNICATION Reliable communication link between River PS, Booster PS,GST, LNRA Control Room, and ONSWTP Control Room - LNRA Control Room located in LNRA headquarters—1 mi north of West Delivery Point - Proposed comet technologies are ownerfiber,VSAT, GSM/cellular, DSL - Modular architecture to allow future addition of Bloomington, Woodsboro booster pump stations and other existing raw water supply systems such as Wesley Seale Dam - Reliability through redundant communication channel, automatic failover to redundant channel if link loss in the primary channel is detected Prefer one third-party subscription-based and one owner-provided communication channel LOCAL CONTROL - Each pump station and GST shall have local controls and instrumentation that will enable an operator to operate the pump station without a central process controller(PLC) - Each pump station shall have a PLC capable of automatically controlling the operation, emergency shutdown, and remote restart of all major functions. Loss of PLC shall not incapacitate any of the major functions. - Each pump station shall have a graphical user interface to the control system that will allow operator full control of the pump station.The user interface shall not require network link to the supervisory system located at LNRA headquarters. - The City of Corpus Christi has standardized on the Allen Bradley Logix family of PLCs.The controllers currently in use at ONSWTP are CompactLogix—series. - The following process and diagnostic information shall be collected by PLC and communicated to the supervisory system: SUPERVISORY SYSTEM The City of Corpus has standardized on the Allen Bradley FactoryTalk supervisory software suite. Currently,the ONSWTP system consists of a dual redundant tag servers, historical server,domain controller,and a number of PC client workstations.The supervisory system delivered under E10008 shall meet the Department standard. - The supervisory system shall collect, display,and historize process and maintenance information as shown in attachment(Sec. 20.6 in "Pumping Station Design," by Garr M.Jones, Butterworth Heinemann, 2008) INTEGRATION,VERIFICATION,AND VALIDATION (IVV) - A/E contract language for quality assurance tasks to be performed by Engineer during design, construction,commissioning, and operational acceptance of the control system - Specifications language for quality assurance of Contractor-provided parts,systems, and services - Testing and verification plan.The plan shall spell out each project participant's responsibility with respect to testing and verification.Testing and verification shall be performed throughout system construction and integration.At the end,a series of acceptance tests shall be conducted: Unwitnessed Factory Acceptance Test(FAT), Witnessed FAT,Operational Readiness Test, Functional Demonstration test,Site Acceptance Test,and Operational Acceptance Test.Sample of FAT plan will be provided by the City AMEND. NO. 9 EXHIBIT"A" Page 2 of 13 K:Engineering DataExchange4JENNIFER SWATERtElOOD8 MART'RHODES PIPELINE.,PHASE ZAMENDMENT NO MCONTRAC'RExh bit A.doc May 7,2013 Page 3 of 4 - FAT scenarios.Can a previous project,we developed an Excel database with various normal and adverse process condition scenarios and expected vs. actual response of the control system. Shall be provided by the City. - Acceptance checklists, commissioning checklists,and sign-off sheets to be submitted by Contractor/Integrator at each milestone in the IVV process DOCUMENTATION - Schedule of all documents required to design, build,test,and deploy the SCADA system. Indicate on the schedule responsible party and phase of the project - Formal SCADA system requirements document.At the minimum,the document shall list SCADA system requirements by category(similar to this document), means of testing and verifying each requirement, responsible party, and - System-wide communication architecture - Site-specific detailed network architectures - Supervisory system software architecture.Shall include specifications for each each machine's operating system,supervisory system software, interface and driver software (such as Kepware for odbus/EhternetlP interface), communication software(RSLinx), and such - Required development environments (RSLogix 5000 for PLC coding, FactoryTalk HMI development suite, etc.) - System-wide PFD and site-specific P&IDs - Loop sheets - Instrument Specification Sheets(ISA-TR20.00.01-2006 Specification Forms for Process Measurement and Control Instruments) - Control Logic Specification—Sequences of Operation, Interlock matricies,shutdown and alarm matricies, etc. (ISA has standard for control logic documentation,ANSI/ISA-5.00,01-2007 Functional Requirements Documentation for Control Software Applications) - Process alarm configuration parameters such as time filters,deadbands,severity,and recommended appropriate response - Control system administrator manual and HMI user manual.On a previous project,we asked the control system vendor to build HMI user manual features into the HMI itself;standard help screens, pop-up tool tips,context and auxiliary information description, and such - Issue tracking spreadsheet or database.The issue tracking tool shall be visible to,or communicated often,to the system Owner throughout the IVV process SUPPORT - Anticipated support effort required during the first year of operation (when majority of bugs reveal themselves) - Proposed support agreement language with control system engineer, integrator, and vendors - Proposed support agreement with operator(if LN'RA is the operator of the system) OTHER - SCADA system development effort shall follow recognized and generally accepted good system engineering practices. - SCADA development team shall have expertise similar to what is required under ISA's Certified Automation Professional (CAP)certification (attached;also available at www.isa.org/cap) AMEND. NO. 9 EXHIBIT"A" Page 3 of 13 MEngineering DataExchangeQENNIFER1VVATER4F10 008 MARY RHODES PIPELINE.,.PHASE MMENDMENT NO.9MCONTRAC nExhibit A.doc May 7,2013 Page 4of4 - SCADA development process for this project shall be well documented,as it is intended to become a standard and a template for future development efforts of this sort - End user shall receive manuals and training prior to putting the control system into service. AMEND. NO. 9 EXHIBIT"A" Page 4 of 1 K kEngineering OataExchangehJCNNIFERtWAl ERXE OW8 MARY RHODES PIPELINE.PHASE ZAMENDMENT NO-91CONTPACI lExhibit A,daa EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Mary Rhodes Pipeline Phase 2 (Project No. E10008) Parent Project: Garwood Water Supply Project (Project No. 8424) Amendment No. 9 1. SCOPE OF SERVICES Scope Revision: Add the following task as shown below: A. Basic Services 3. Design Phase Provide electrical SCADA design drawings and specifications for the intake and pump station. Complete project scope is attached as Mary Rhodes Phase 2 SCADA Services memorandum dated May 7, 2013. S. Construction Phase Perform construction phase electrical SCADA services as described in the complete project scope attached as Mary Rhodes Phase 2 SCADA Services memorandum dated May 7, 2013. 2. SCHEDULE Final Design Phase October 9, 2013 3. FEES The total authorized fee for all services added to the contract with this Amendment will be $195,664.00. Fees for individual additional tasks are shown in the Summary of Fees table. The table Summary of Fees set forth on the following page will be used by the Engineer to determine the amount to be invoiced for each task. The fee shown for each task is inclusive of all expenses as set forth by the original contract. AMEND. NO.9 EXHIBIT"A" Page 5 of 12 K'Tngineering DaMExcNmgeUENNIFER%WATER1E1000B MARY RHODES PIPELINE,PHASE 2WMENDMENT NO.STONTRACT1Exhibit Adoc Summary of Fees TASK I Description Fee Original Contract-Phase 1 I.A.1 Screening Study of Delivery Options $ 116,100.00 I.A.2 Detailed Study of Delivery Options TBN I.A.3 Pipeline Route Study TBN I.A.4 Pipeline Surveying, Easement Acquisition, and Permitting TBN I.A.5 Pipeline Topographic Survey and Preliminary Design TBN I.A.6 Final Design Phase TBN I.A.7 Bid, Award, and Construction TBN Original Contract Fee $ 116,100.00 Amendment No. 1 -Phase 2 2.A Detailed Study of Delivery Option 5 $ 152,532 22 Detailed Study of Delivery Option 1 $ 64,328 2.0 Detailed Study of Delivery Option 6 . $ 68,630 Amendment No. 1 Fee $ 285,490 Amendment No. 2-Phase 2A 2A-0001 Field Studies 2A.1.A —Ownership Mapping $ 20,631 2A.1.B —Risk Analysis $ - Prepare Risk Analysis $ 5,853 Risk Analysis Workshop (in CC) $ 4,533 2A.1.0 Field survey of West Mustang Creek $ 46,922 2A.1.D West Mustang Creek Habitat Assessment $ 34,272 2A.1.E —Coordination Re-Calib. Of Gannado Gauging Station $ 6,168 2A.1.F —Summary $ - Prepare Task Summary $ 11,650 Task Summary Workshop (in CC) $ 8,383 Total Fee by Classification $ 138,411 2A-0002 LCRA Agreement 2A.2.A Agreement Framework $ - Prepare Framework $ 12,695 Submit Framework $ 431 Schedule Framework Meeting $ 451 2A.2.13 —Framework Meeting (Garwood) $ 7,235 2A.2.0 —Prepare Draft LCRA Agreement $ 10,525 2A.2.D —Draft LCRA Agreement Workshop(Garwood) $ 6,366 2A.2.E Prepare Final Agreement $ 8,740 2A 2 F Task—Execute Agreement (1 meeting Austin, 1 meeting Corpus Christi) $ 8,151 AMEND. NO.9 EXHIBIT"A" Page 6 of 13 KTAginewft DataEwdmnpUENNIFERIWATER%E10008 MARY RHODES PIPELINE,PHASE 21AMENDMENT NO.94ONTRACT1F)diW Adoc 2A.2.G Task 2 Summary $ 14,675 Total Fee by Classification $ 69,268 2A-0003 LNRA Agreement 2A.3.A Agreement Framework $ - Prepare Framework $ 13,025 Submit Framework $ 431 Schedule Framework Meeting $ 451 2A.3.13 —Framework Meeting (Edna) $ 7,191 2A.3.0 —Prepare Draft Agreement $ 10,525 2A.3.D —Draft LNRA Agreement Review Workshop (Edna) $ 7,191 2A.3.E —Regulatory Coordination (2 meetings Austin) $ 10,137 2A.3.F —Prepare Final LNRA Agreement $ 6,815 2A.3.G —Execute Agreement (1 meeting Edna, 1 meeting Austin) $ 11,360 2A.3.H Task 3 Summary $ 14,125 Total Fee by Classification $ 81,250 2A-0004 Permitting and Agency Coordination 2A.4.A —Coord w/TPWD re: GSM Permit (2 meetings Austin) $ 3,737 2A 4 B —Coord w/TPWD re: LNRA Inflow/Release Agreement(3 meetings Austin) $ 5,156 2A.4.0 —Coord w/TCEQ re: Bed and Banks Permit (3 meetings Austin) $ 7,104 2A.4.D —Coord w/TGLO re: Bed and Banks Permit(3 meetings Austin) $ 7,104 2A.4.E —Coordination with TCEQ and TWD13 re: Regional Water Planning (2 meetings Austin) $ 1,437 2A.4.F —Regional Water Planning Group Coordination (1 meeting Austin, 1 meeting Corpus Christi) $ 2,979 2A.4.G —Monitor LCRA/SAWS Project (2 meetings Garwood) $ 6,437 2A.4.H —USACE Coord (1 meeting Galveston) $ 8,253 2A.4.1 —TPDES Coordination (1 meeting Austin) $ 6,566 2AA J —Landowner Issues and Communications (3 meetings Edna) $ 20,785 2A.4.K —Meet w/Environmental Groups $ - Prepare Exhibits $ 13,093 Meeting 1 $ - Plan $ 501 Schedule $ 471 Prepare for Meeting $ 3,745 Attend Meeting (Austin) $ 2,376 Meeting 2 $ - Plan $ 501 Schedule $ 471 Prepare for Meeting $ 3,745 Attend Meeting (Austin) $ 2,376 AMEND. NO.9 EXHIBIT"A" Page 7 of 13 KTjV1 eeedM DataEx&=pUENNIFERIWATER%E10W8 MARY RHODES PIPELINE.PHASE ZAMENDMENT NO.STONTRAMExhibit Adx Meeting 3 $ - Plan $ 501 Schedule $ 471 Prepare for Meeting $ 3,745 Attend Meeting (Edna) $ 3,591 2A.41 Task 4 Summary $ 16,070 Total Fee by Classification $ 121,216 2A-0005 Permitting Activities 2A.5.A —Bed and Banks Permit Application $ - Prepare Permit $ 20,655 Submit Permit $ 6,360 Agency Review $ 8,115 Permit Approval $ 5,203 2A.5.13 —Prepare Amendment to TPWD/LNRA Inflow& Release Agreement $ Develop Amendment Framework $ 3,815 Meet with LNRA and TPWD to develop amendment outline (1 mtg Edna) $ 4,441 Develop Draft Amendment $ 4,075 Meet with LNRA and TPWD to review Draft Amendment (1 mtg Edna $ 4,441 Prepare Final Amendment $ 3,735 Obtain Written Approval (1 mtg Austin, 1 mtg Edna) $ 6,540 2A.5.0 Water Right Amendment Application $ - Prepare Permit $ 10,815 Submit Permit $ 961 Agency Review $ 4,210 Permit Approval $ 1,023 2A.5.D —Monitor Permit Application Status $ 2,045 2A.5.E —Regulatory Agency Coord During Permit App Process $ 2,945 2A.5.F —Develop Supporting Info for Region N Amendment $ 5,130 2A.5.G —Coordinate Region N Amendment(2 meetings CC) $ 11,475 2A.5.H Amend Water Conservation/Drought Management Plan $ - Prepare Draft Amendment $ 3,408 Plan Workshop (CC) $ 4,533 Submit Draft Amendment $ 1,120 City Review of Draft Amendment $ - Review Workshop (CC) $ 4,533 City Review Complete $ - Incorporate City Comments/Prepare Final Amendment $ 3,535 City Council Approval of Final Amendment (CC) $ 4,533 2A.5.1 Task 5 Summary $ 15,227 AMEND.NO.9 EXHIBIT"A" Page 8 of 13 K-T_N1r,9Mng DaWE=hvNeUENNIFER\WATERIEIODDS MARY RHODES PIPELINE.PHASE 21AMENDMENT NO.9ICONTRAC71E.Ibk Adoc Total Fee by Classification $ 142,870 2A-0006 Conceptual Facility Design 2A.6.A —GIC Facility Requirement Workshop $ 330 Schedule Workshop $ 681 Conduct Workshop (Garwood) $ 6,393 2A.6.13 —Concept Design of GIC Canal System Improvements $ 4,800 2A.6.0 —Concept Design of West Mustang Creek Div. Structure $ 4,800 2A.6.D —Design Review Workshop $ - Schedule Workshop $ 681 Conduct Workshop (Garwood) $ 6,393 2A.6.E W. Mustang Creek Gauging Facility Workshop $ 6,900 Schedule Workshop $ 681 Conduct Workshop (Edna) $ 4,193 2A.6.F —Concept Design, W. Mustang Creek Gauging Facility $ 3,960 2A.6.G W. Mustang Creek Gauging Facility Workshop $ - Schedule Workshop $ 681 Conduct Workshop (Edna) $ 6,393 2A.6.H Task Summary $ 10,275 Total Fee by Classification $ 57,164 2A-0007 Mary Rhodes Pipeline Assessment 2A.7.A —Data Collection and Review $ 8,648 2A.7.13 —Facilities Site Visit $ 23,266 2A.7.0 —Task Kickoff Workshop (Corpus Christi) $ 8,605 2A.7.D —Pump Station Assessment $ 17,008 2A.7.E —SCADA System Assessment $ 11,840 2A.7.17 —Operational Integration of Garwood Water $ 6,200 2A.7.G Alternatives Identification and Screening $ 27,613 2A.7.H Alternative Control Strategies $ 11,335 2A.7.1 —Recommended Mary Rhodes Pipeline Improvements $ 6,205 2A.7.J —Task 7 Summary $ - Prepare Summary $ 16,200 Attend Workshop $ 5,768 Total Fee by Classification $ 142,686 2A-0008 Task 8 -Phase 2A Report 2A.8.A —Prepare Draft Report $ - Prepare Report $ 25,656 Submit Draft Report to City for Review $ 1,292 City Review of Draft Report $ - City Review Complete $ - 2A.8.B —Prepare Draft Report Presentation $ 7,112 AMEND. NO.9 EXHIBIT"A" Page 9 of 13 KSEnginWng DataExdumpVENNIFERIWATER%E10008 MARY RHODES PIPELINE,PHASE 2WMENDMENT NO.MONTRACTWExhlbit Adoc 2A.8.0 —Draft Report Workshop (Corpus Christi) $ 9,169 2A.8.D —Draft Report Comments Meeting (Corpus Christi) $ 9,169 2A.8.E —Prepare Final Report $ 10,321 2A.8.F —Final Report Presentation (up to 3 meetings in Corpus Christi) $ 34,669 Total Fee by Classification $ 97,388 2A-0009 Project Management 2A.9.A0BC1 Task 9.A—Project Schedule $ 10,060 2A.9.BOBC2 Task 9.6—Progress Reports and Invoices $ 23,342 2A.9.COBC3 Task 9.0—Phase 3 Scoping $ 28,343 Total Fee by Classification $ 61,744 Amendment No. 2 Fee $ 911,997 Amendment No. 3 2A-0005 Task 5- Permitting Activities (Deleted in its Entirety) $ -142,870 2A-0008 Task 8 - Phase 2A Report(Deleted in its Entirety) $ -97,388 3-00010 Task 10 -Garwood Alignment Study Scope of Work 3-0010.1 Data Collection $ 49,709 3-0010.2 Preliminary Hydraulic Study $ 21,975 3-0010.3 Preliminary Environmental Review $ 60,294 3-0010.4 Preliminary Route Analysis $ 45,364 3-0010.5 Final Route Analysis $ 62,916 Amendment No. 3 Fee $ 0 Amendment No. 4 1 Study Phase $ 0 2 Preliminary Phase $ 1,514,814 3 Design Phase $ 3,068,522 4 Bid Phase $ 102,000 5 Construction Phase $ 1,200,000 A- 1 Permitting $ 267,414 A-2 ROW Acquisition Survey $ 350,000 A-3 Topographic Survey $ 891,165 A-4 Subsurface Utility Exploration $ 286,000 A-5 Aerial Photography $ 23,750 A-6 Corrosion Engineering $ 122,768 A-7 Surge Analysis $ 104,181 A-8 Geotechnical Investigation $ 312,737 A-9 Archeological Investigation $ 184,650 A- 10 Hydraulic Modeling $ 37,398 A- 11 ROW Acquisition $ 1,060,601 A- 12 Construction Observation Services $ TBD A- 13 Start-Up Services $ TBD AMEND. NO.9 EXHIBIT"A" Page 10 of 13 KTNjnwft DaWE=haNeUENNIFER%WATER1E10008 MARY RHODES PIPELINE,PHASE ZAMENDMENT NO.9ICONTRACTE#hibit Adoc A- 14 O&M Services $ 150,590 A- 15 Warranty Phase $ TBD A- 16 Provide SCADA Documentation $ TBD Amendment No. 4 Fee $ 9,676,690 Amendment No. 6 2 Preliminary Phase $ 0 3 Design Phase $ 183,179 4 Bid Phase $ 82,814 A- 1 Permitting $ 53,696 A-3 Topographic Survey $ 37,035 A-4 Subsurface Utility Exploration $ -121,045 A-8 Geotechnical Investigation $ 18,749 A-9 Archeological Investigation $ -87,808 A- 10 Hydraulic Modeling $ 36,102 A- 11 ROW Acquisition $ -202,722 Amendment No. 5 Fee $ 0 Total Fee $ 10 990,177 Amendment No. 6 2 Preliminary Phase $ 2,340 A- 11 ROW Acquisition $ 47,600 Amendment No. 6 Fee $ 49,940 Total Fee $ 11,040,117 Amendment No. 7—Joint City of Corpus Christi and LCRA Feasibility Study Study Phase $ 49,822 Amendment No. 7 Fee $ 49,822 Total Fee $ 11,089,939 Amendment No. 8 A-4 Subsurface Utility Exploration $ 49,900 Amendment No. 8 Fee $ 49,900 Total Fee $ 11,139,839 Amendment No. 9 3 Design Phase Monthly Meetings $ 14,554 60% and 90% Review MeetingsNNorkshops $ 10,943 Develop Sequence of Operations/Control Narratives $ 22,080 Integration, Verification, and Validation (IVV) Specs $ 20,315 Coordination with Electrical Subcontractor $ 5,378 Integration of Mary Rhodes Phase 1 with Phase 2 $ 15,206 5 Construction Phase Answer RFI's $ 2,588 AMEND. NO.9 EXHIBIT"A" Page 11 of 13 K1Engineerirg DaWEzdmngeUENNIFERIWATER%E10008 MARY RHODES PIPELINE,PHASE ZAMENDMENT NO.MONTRACTEWhibk A.doe Construction Meetings/Site Visits $ 30,708 Review Shop Drawings $ 10,876 Control Meetings with Contractor(System Integrator) $ 12,911 Factory Acceptance Testing (FAT) $ 17,271 Start-up/Checkout of Controls $ 20,315 Site Acceptance Testing $ 12,519 Amendment No. 9 Fee $ 195,664 Total Fee Ts 11,335,503 AMEND.NO.9 EXHIBIT"A" Page 12 of 13 K-Tnghaedng DataExdwageUENNIFER%WATERXE10008 MARY RHODES PIPELINE,PHASE 2WMENDMENT NO.S%CONTRACTTX'Ilbft AdoC n a4 �at 'NC4NXY. .�y/ N� � s'bHMVS W WtwHw Ww C Qiip�N� i7n' w`g �W Ni 2aI� FT I _ F flm � tltl �V t F x°i pia _ »°p °a g n FIE _ a _ q x jjjwy > S w' Mil ml IN ?8 Ill y O y� pry a 6 AMEND. PI Q.9 EXHIBIT"A" KkEngineeting DataExchangeUENNSFERiWATER%ElCO0 3 MARY RHODES PIPELINE,PHASE 21AMENDIVIENT NO.91CONTRAC-iExhibit A.doc Page 13 of 13 N N o o O O o 0 0 o O O o o O O O a. io r d \ \ \ \ \ e C m o 0 00 M N 0 0 0 0 0 cM N C N m E E 00 t a E co a a V 0 0 0 0 0 0 0 0 ❑ Q Q O 0 0 0 O v O 6Lo 9 o O Lo Lo Lo L Lo > T N6 H � 3 d 0 0 0 0 0 � O O O 0 m O O O O o to O 0 • = - to 64 d4 � IL — c d � 0 O O O 00 O O Q 00 00 Lo °o Lo p V 0 609 H in ca H m Lo 0 a o a o o mop-. 000 I• a ti ti w v 0 0 w pp Lo o N N O O o I- 1t! N a W, W I- C4 w F- Q ~ 0 O UJ C y O o 0 0 0 O O I` f- 0 0 0 Q 0 `�' N O N H HH 10 Nco co per, ZZ Z .- T- V- r- N V ; V 69 63 69 d4 —= a aCL _ r, 6% G O O N 0 N 0 ❑ ❑ ❑ N Q N N in m V r r r r V- � N '0 64 64 Ef} 64 E .r 00000 000 ❑ ❑ ❑ o 000 0 0 0 0 0 0 o m m m 0 0 0 0 Loo �nu� o o H. PP 0 000 N N co � NEA � N 00 O V N U N N N v H fQ m V- tA LL t N a m ca N d C) w c N 5 O 0 c Cl) 0U)a Z -a U) 0 U o 5 0 r o a J 0 to a0m0cn aa a0coco tom QH AMEND. NO.9 EXHIBIT"B" Page I of I SUPPI.II?R NUMBER TO BE ASSIGNED BYrrM PURCHASING DIVISION us DISCLOSURE CITY OF CORPUS CHRISTI OF INTEREST City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols,Inc. P.O.BOX: STREET ADDRESS: 800 N.Shoreline Blvd,Suite 160ON CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A N/A 3. State the names of each"board member"of the City of Coleus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." N/A Name Board,Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter, unless the interest of the City official or emplloyee 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 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Principal Crype or Print) �Z Signature of Certifying — Date: I .2;s 13 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:' l-egal 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. SC o° a� AGENDA MEMORANDUM NaR�oRpo Future Item for the City Council Meeting of July 23, 2013 ss Action Item for the City Council Meeting of July 30, 2013 DATE: June 25, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E. Director of Engineering Services ®are B; cc�exas.com 361-826-3729 Valerie Gray, P.E. Director of Storm Water and Street Operations ValerieGcctexas.com 361-826-1875 Motion adopting a resolution for the acquisition of real property rights for the Holly Road Street Improvement Project — Greenwood Dr. to (SH 286) Crosstown Expressway, Bond 2008 CAPTION: A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate, utility easements, and temporary construction easements for a street improvement project known as the Holly Road Street Improvement Project which is to be generally located from Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation the parcels of land described herein by a single record vote of the City Council. PURPOSE: Should it ever become necessary to use proceedings in eminent domain to acquire the property rights needed for the Holly Road Street Improvement Project — Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008, Council must first determine that a public use and necessity exists for the Project, and then must delegate its authority to use the power of eminent domain to the City Manager. Only if the City and the landowners cannot reach an agreement on the value of the parcel and any resulting damages would eminent domain proceedings become necessary to acquire the easement or fee simple rights. The City Manager also requests authority to purchase the necessary property rights by authorizing the City Manager or his designee to execute all real estate purchase contracts and related instruments, provided that the amounts are within Council-approved project budgets. BACKGROUND AND FINDINGS: On September 1, 2011 , Texas Senate Bill 18 also known as SB18, became effective which requires all entities with eminent domain authority, to follow certain procedures prior to initiating eminent domain proceedings under Section §21.012 of the Texas Property Code. The new procedures are more restrictive on the condemning authorities and stipulate certain requirements. One of them is the requirement of a vote on the use of eminent domain by a governmental entity under Section 2206.052 of the Texas Government Code. The original resolution approved on July 6, 2011 lacked certain details now required by SB 18. This resolution and the motion to adopt it are in a form required under Senate Bill 18 and other state law requirements. Staff requests Council pass the motion to adopt the resolution as presented The City will proceed to acquire land rights including fee simple surface rights, utility easement, and temporary construction easements from nine various landowners within the project area. The landowners, listed on the attached Parcel Ownership List, have been given written notification of the upcoming street project along with the required Texas Landowner Bill of Rights. Offers of just compensation will be presented based on real estate appraisals obtained by the City. Negotiations will commence upon presentation of the written offers. ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution at a public meeting by record vote delegating its authority. . OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The resolution conforms to the City Charter, Code of Ordinances, Article X, General Powers and Provisions, Section 1. The resolution and the motion adopting it conform to Senate Bill 18 (SB18), Chapter 21 of the Property Code, and Chapter 2206.052 of the Government Code. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Engineering and Street Departments FINANCIAL IMPACT: [ ] Operating [ ]Revenue [X] Capital [ ] Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Streets, FY 2011-2012 and future FY2013-2014 programming. Comments: None RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Project Location Map Parcel Ownership List Resolution File \Mproject\councilexh\exh52441and.dwg JH AGNES N Z d MA PROJECT a LOCATION Pm O� sq�gTOCq ��� spy �O 'k ? a� a /y f;M. 43 V LOCATION MAP Nor r0SCtE Al PROJECT SITE srRE�T �? AZ Ri O� Off. VICINITY MAP PROJECT#6470 NOT TO SCALE 3 Project Location Map CITY COUNCIL EXHIBIT Holly oad-Greenwood to Crosstown C E CORPUS CHRISTI, TEXAS y DEPAARR TMENT OF ENGINEERING SERVICES BOND 2008 PAGE: 1 of 1 f Holly Road Street Improvements Project No. 6470 Parcel Ownership List Parcel# Owner Type of Taking Legal Description of Parent Tract 1 Eagle Leasing, Inc. Fee simple Cabaniss Acres, Part of Lot 1,All Lots 2 Thru 4, Block 9 2 SNL Properties, LLC; Fee simple surface rights Cabaniss Acres, Less 5 X 150 Ft of NW Corner of Lot 12,Block 9 3 Jose L. Flores,et al Fee simple surface rights Cano Place Unit 1, Lot 1, Block 11 4 Phero&Anna,Inc. Fee simple surface rights Bohemian Colony Lands, 1.698 Ac.out of Lot 8, Section 7 5,5A South Padre Investment Inc. Fee simple; U.E.; & T.C,E Bohemian Colony Lands, 144.792 Ac,out of Lots S&6, Section 4 6,6A 1814 Holly Road Ltd. Fee simple; U.E.; & T.C.E Holly Rd Industrial Tracts, Lot 1, Block 2 7 Lynna Lynette Simpson Fee simple; U.E.; & T.C.E Holly Rd Industrial Tracts, Lot A,Section 1 8, 8A James B.Ragan,Atty at Law Fee simple; U.E.; & T.C.E Bohemian Colony Lands, 3 Ac,out of Lot 5,Block 4 9, 9A South Padre Investment Inc. Fee simple; U.E.; & T.C.E Bohemian Colony Lands, 65.18 Ac.out Lots 3&4, Section 4 U.E. = Utility Easement T.C.E. = Temporary Construction Easement I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS (1) DETERMINING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE ACQUISITION OF PARCELS OF LAND BY FEE SIMPLE TITLE TO THE SURFACE ESTATE, UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FOR A STREET IMPROVEMENT PROJECT KNOWN AS THE HOLLY ROAD STREET IMPROVEMENT PROJECT WHICH IS TO BE GENERALLY LOCATED FROM GREENWOOD DR. TO (SH 286) CROSSTOWN EXPRESSWAY, BOND 2008; (2) AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY INTERESTS SUBJECT TO AVAILABILITY OF FUNDS APPROPRIATED FOR SUCH PURPOSES; (3) AUTHORIZING THE CITY MANAGER TO INSTITUTE CONDEMNATION BY EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE FEE SIMPLE AND EASEMENT INTERESTS IN THE PROPERTIES; (4) AUTHORIZING PAYMENT PURSUANT TO AN AWARD BY SPECIAL COMMISSIONERS; (5) AUTHORIZING ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL INSTRUMENTS; AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF PROPERTY TO BE ACQUIRED BY CONDEMNATION THE PARCELS OF LAND DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL. WHEREAS, the City of Corpus Christi is in need of various tracts of land, utility easements, and temporary construction easements described herein for the purposes of street and related improvements, and, WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights, has been or will be provided to the landowners; and, WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single resolution for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and, WHEREAS, the land rights, utility easements, and temporary construction easements listed in Exhibit"A," are necessary to advance the public uses recited herein; and, WHEREAS, Texas Government Code Section 2206.053 (f) provides that if a project for a public use will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and, WHEREAS, based on an engineering study, the location of said street and related improvements optimizes the enhancement and adequacy of municipal streets; 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Holly Road Street Improvement Project, and it is in the public interest to acquire the tracts of land, utility easements, and temporary construction easements, as described and listed in Exhibit "A" and depicted in Exhibit `B," attached hereto and incorporated herein, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal street system. Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City to take all steps necessary to acquire the fee simple and easement interests for the Holly Road Street Improvement Project, including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Manager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against the owners and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the properties in fee simple and easement interests in the properties. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers, and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 5. That this resolution authorizing condemnation proceedings over the units of property described and listed in Exhibits A and B, shall be approved by single record vote of the City Council. Section 6. That this Resolution shall take effect immediately from and after its passage and it is so resolved. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, this day of , 2013. 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 4 Exhibit "A" HOLLY ROAD STREET IMPROVEMENT PROJECT PROJECT NO. 6470 PARCEL OWNERSHIP LIST Parcel# Owner Type of Taking Legal Description of Parent Tract Eagle Leasing, Inc. Cabaniss Acres, Part of Lot 1, All Lots 1 Fee simple 2 Thru 4, Block 9 SNL Properties, LLC Fee simple Cabaniss Acres, Less 5 X 150 Ft of 2 surface rights NW Corner of Lot 12, Block 9 Jose L. Flores, et al Fee simple 3 surface rights Cano Place Unit 1, Lt 1, Block 11 Phero &Anna, Inc. Fee simple Bohemian Colony Lands, 1.698 Ac. 4 surface rights out of Lot 8, Section 7 South Padre Investment Fee simple; U.E.; Bohemian Colony Lands, 144.792 Ac. 5,5A Inc. & T.C.E out of Lots 5 & 6, Section 4 1814 Holly Road Ltd. Fee simple; U.E.; Holly Rd Industrial Tracts, Lot 1, 6,6A & T.C.E Block 2 Lynna Lynette Simpson Fee simple; U.E.; Holly Rd Industrial Tracts, Lot A, 7 & T.C.E Section 1 James B. Ragan, Atty at Fee simple; U.E.; Bohemian Colony Lands, 3 Ac. out of 8, 8A Law & T.C.E Lot 5, Block 4 South Padre Investment Fee simple; U.E.; Bohemian Colony Lands, 65.18 Ac. 9, 9A Inc. & T.C.E out Lots 3 &4, Section 4 U.E. = Utility Easement T.C.E. = Temporary Construction Easement 5 Exhibit `B" Ff1e \M rrr ect cotrnctlexh exh5244tond.dw � f � a'SWIES / ! MA a PROJECT LOCATION LOCATION MAP Nor TO scats ~ � A PROJECT SITE CD '... VICINITY MAP PROJECT#6470 NOT TO SC4E I Project Location Map CrrY C0UNCrL rH"3 T Holt Road-Greenwood to Crosstown cry a€ CORPUS ENG NEttttsr�,SERVICES Y ta���a�r��rr r�� ��v�ut:erztt��s�vtc�s BOND 2008 PAGE; 1 of �. S AGENDA MEMORANDUM POR Future Item for the City Council Meeting of July 28, 2018 1852 Action Item for the City Council Meeting of July 30, 2018 DATE: .tune 15, 2018 T : Ronald L. Olson, City Manager THROUGH: Wes Pierson, assistant City Manager (851) 825-8082 wesp @cctexas.com FRO _: Mike Culbertson (881) 882-7448 mculbertson@ccredc.com Type A Grant for Service Carps of Retired Executives (SCORE) Chapter 221 for Fiscal Year 201'4 CAPTION': Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide grant up to $50,000 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the SCORE Chapter 221 Small Business Incentives Agreement. PURPOSE: Approve a Type A Grant for SCORE to assist small businesses through workshops and counseling for Fiscal Year 2014 BACKGROUND AND FINDINGS: SCORE has been aiding small businesses in Corpus Christi through their outreach by holding workshops on various subjects of use to the small business owner, and by providing counseling through face to face meetings and through emails. SCORE will have a contractor to coordinate the workshops and the advertising for these workshops, They have helped over 2,000 small businesses in the city each year for the past three years. SCORE has received funding since 2008. The Type A Board approved the grant during their June 17, 2018 meeting. ALTERNATIVES: The help that they provide is not available anywhere else. The Small Business Development Center could offer some of the counseling services but they are limited on resources. OTHER CONSIDERATIONS: By helping small businesses the City is increasing the economic development and growing future jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY/ NON-EMERGENCY: NON-EMERGENCY DEPART MENTAL CLEARANCES: FINANCIAL IMPACT: o Operating Ei Revenue Ll Capital c3 Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP and Current Year Future Years TOTALS Line Item Budget 50,000 50,000 Encumbered / Expended Amount This item 50,000 50,000 BALANCE 0 0 Fund: Type A Fund Comments: Council approved the Type A budget for 2013-2014 RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a one year Type A agreement LIST OF SUPPORTING DOCUMENTS: Resolution for Small Business Incentive Agreement SCORE Small Business Incentive Agreement SCORE Business Support Agreement Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide grant up to $50,000 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the SCORE Chapter 221 Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("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 SCORE to assist small businesses within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement to assist small businesses between the Type A Corporation and SCORE; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and SCORE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and SCORE to assist small businesses within the City of Corpus Christi, which agreement is on file with the City Secretary's Office, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentives agreement with SCORE, which agreement is on file with the City Secretary's Office. This resolution takes effect upon City Council approval on this the day of , 2013. RESOLUTION SCORE Business Incentive Agreement 7-9-13 Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor APPROVED: day of 2013. Corpus Christi, Texas of 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION SCORE Business Incentive Agreement 7-9-13 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SERVICE CORPS OF RETIRED EXECUTIVES (SCORE) CHAPTER 221 FOR BUSINESS DEVELOPMENT 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 Service Corps Of Retired Executives Chapter 221 ("SCORE"), a Washington, D.C. non-profit corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009-2011 on November 17, 2009; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation-, WHEREAS, SCORE will provide assistance to small businesses, persons, and entities desiring to begin and operate a small business in Corpus Christi by mentoring clients; conducting workshops; and advising clients as to business plans, pro-forma statements, forms of business entity, financial implications of business decisions, and all other aspects of small business operations; WHEREAS, SCORE proposes retain an executive assistant/coordinator to assist SCORE volunteers in administrating the assistance program; WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to SCORE, through this Agreement with SCORE, to be used by SCORE to provide assistance to small businesses. Page I of 8 SCORE Type A Small Business Development Agreement 0 5 12 13 In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and SCORE agree as follows. 1, Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term, a. The term of this Agreement is for one year from August 1, 2013, through July 31, 2014. b, This Agreement may be extended at the option of the Corporation for up to four additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. c. If this Agreement is extended for subsequent period, this Agreement may be amended by adoption of a revised Schedule A, which is attached to and incorporated into this Agreement. 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. Warranties, SCORE warrants and represents to Corporation the following' a. SCORE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. SCORE 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. SCORE 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 parties executing this Agreement on behalf of SCORE are duly authorized to execute this Agreement on behalf of SCORE, f. SCORE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under §U.S.C. Section 1324a(f), SCORE shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120" day after the date SCORE has been notified of the violation. 5. Compliance with Laws. SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 2 of 8 SCORE Type A Small Business Development Agreement 05 12 13 6. Non-Discrimination. SCORE covenants and agrees that SCORE 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. 7. Force Majeure. If the Corporation or SCORE 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 SCORE 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. 8. Assignment. SCORE 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. 9. Indemnity. SCORE 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 SCORE 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. SCORE 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. 10. Events of Default by SCORE. The following events constitute a default of this Agreement by SCORE: a. The Corporation or City determines that any representation or warranty on behalf of SCORE 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 SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. SCORE makes an assignment for the benefit of creditors. d. SCORE files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by SCORE become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest. Page 3 of 8 SCORE Type A Small Business Development Agreement 05 12 13 f. SCORE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 11. Notice of Default. Should the Corporation or City determine that SCORE is in default according to the terms of this Agreement, the Corporation or City shall notify SCORE in writing of the event of default and provide 60 days from the date of the notice ("Cure Periodn) for SCORE to cure the event of default. 12. Results of Uncured Default by SCORE. 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 SCORE, 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. SCORE shall immediately repay all funds paid by Corporation to them under this Agreement. b. SCORE 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 SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor SCORE may be held liable for any consequential damages. 13. 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 SCORE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE 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. 14. SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE 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 Page 4 Of 8 SCORE Type A Small Business Development Agreement 05 12 13 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 SCORE to be accompanied by all necessary supporting documentation. 15. 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. 16. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: SCORE Chapter 221 SCORE 221 Chapter Chair 3649 Leopard St., Suite 411 Corpus Christi, Texas 78408 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.0, Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 17. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. Page 5 of 8 SCORE Type A Small Business Development Agreement 45 12 13 18. 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. 19. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE 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. 20. 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. 21. 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. 22, Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 23. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and SCORE. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 24. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. [The rest of this intentionally left blank] Page 6 of 8 SCORE Type A Small Business Development Agreement 05 12 13 Corpus Christi Business &Job Development Corporation By-, Robert Tamez President Date: Attest: By: Armando Chapa Assistant Secretary SCORE Chapter 221 By: --(Ile-4- P -- ja '-Green President Date: 2-1 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on (P w 013, by Jack I Green, Pr'"ident for Service Corps of Retired Executives (SCORE) Chapter 221, a Washington, D.C, non profit corporati n, on 6half of the corporation. Notary ublic State o Texas IRENE MAR IA Notary Public,state of Texas M y commission Expires August 30,2016 Page 7 of 8 SCORE Type A Small Business Development Agreement 05 12 13 EXHIBITA PERFORMANCE MEASURES AND CORPORATION GRANTS 1. Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed Fifty Thousand Dollars ($50,000.00) 2. Providing 1,620 hours of general and technical services to small businesses through volunteer counselors. 3 SCORE agrees to the following reporting and monitoring provisions, and failure to fully and timely comply with any one requirement is an act of default. 4. SCORE shall provide quarterly reports on its performance requirements. The reports must document: a. Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. b. Number of workshops with description of workshop and number of attendees. c. Number of small business owners or prospective owners who were provided counseling by email or on-line services. 5. SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the City's Economic Development Department ("Department"), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the confidentiality of records and information shall be maintained by Corporation and Department, unless the records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. A-8 SCORE Type A Small Business Development Agreement 05 1 2 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, Service Corps Of Retired Executives Chapter 221 ("SCORE") has submitted a proposal to the Type A Corporation for a $50,000 grant to assist small businesses in Corpus Christi; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund SCORE's assistance of small businesses in Corpus Christi; and In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and SCORE related to SCORE's assistance of small businesses in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentives Agreement. Page 1 of 3 Type A Business Support Agreement-SCORE 2014 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 Incentives 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 August 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. {Remainder of this page intentionally left blank] Page 2 of 3 Type A Business Support Agreement-SCORE 2014 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Robert Tamez City Manager President Date: Date: Attest Armando Chapa City Secretary Page 3 of 3 Type A Business Support Agreement-SCORE 2014 SC a v KPNP9ft RE 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate and to Schedule Two Public Hearings CAPTION: A. Motion setting September 10, 2013 as the date of the adoption of the ad valorem tax rate of $0.588797 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 20, 2013 and a second public hearing for August 27, 2013, during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2013-2014 proposed operating budget has assumed a tax rate of $0.588797 in the determination of ad valorem tax revenue for fiscal year 2013-2014. This rate is an increase of $0.01824 from fiscal year's rate of $0.570557 per $100 valuation, and the increase was approved by the voters on November 6, 2012 to fund the Bond 2012 approved projects. Since this rate is anticipated to exceed the effective tax rate, the two motions noted above are needed for the City to be in compliance with "truth-in-taxation" as it relates to the Property Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. Since the property tax rate in the proposed fiscal year 2013-2014 budget is $0.588797 per $100 valuation which is expected to exceed the effective tax rate, then State law requires the City Council to follow the steps outlined above. Additionally, the City will work with the Nueces County Tax Office to obtain the effective tax rate worksheet during the first week of August so that we can publish the required information in the Corpus Christi Caller-Times by August 4, 2013. If the information is not received in time to publish on August 4t", then it will be published the following week on August 11t" Two public hearings will then be held — one on August 20, 2013, and the second on August 27, 2013. Then the vote for the final adoption of the tax rate will be held at the next City Council meeting on September 10, 2013. The last step will be the approval of the tax levy in late September once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Legal Department FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ 83,345,697 $ 83,345,697 Encumbered/Expended amount of(date) - - - - This item - $ 83,345,697 $ 83,345,697 BALANCE - - $ - $ - FUND(S): General Fund$53,936,095 Debt Service Fund$29,409,602 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: • None SC a v KPNP9ft RE 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 Action Item for the City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Action Setting the City Council Meeting Date to Adopt the Property Tax Rate and to Schedule Two Public Hearings CAPTION: A. Motion setting September 10, 2013 as the date of the adoption of the ad valorem tax rate of $0.588797 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 20, 2013 and a second public hearing for August 27, 2013, during the regular City Council meeting beginning at 11:30 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. PURPOSE: The fiscal year 2013-2014 proposed operating budget has assumed a tax rate of $0.588797 in the determination of ad valorem tax revenue for fiscal year 2013-2014. This rate is an increase of $0.01824 from fiscal year's rate of $0.570557 per $100 valuation, and the increase was approved by the voters on November 6, 2012 to fund the Bond 2012 approved projects. Since this rate is anticipated to exceed the effective tax rate, the two motions noted above are needed for the City to be in compliance with "truth-in-taxation" as it relates to the Property Tax Code. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the effective tax rate or the rollback rate, whichever is lower, the Property Tax Code requires that the governing body must vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item. This vote must be recorded. If the motion passes, then the governing body must schedule two public hearings on the proposal. Since the property tax rate in the proposed fiscal year 2013-2014 budget is $0.588797 per $100 valuation which is expected to exceed the effective tax rate, then State law requires the City Council to follow the steps outlined above. Additionally, the City will work with the Nueces County Tax Office to obtain the effective tax rate worksheet during the first week of August so that we can publish the required information in the Corpus Christi Caller-Times by August 4, 2013. If the information is not received in time to publish on August 4t", then it will be published the following week on August 11t" Two public hearings will then be held — one on August 20, 2013, and the second on August 27, 2013. Then the vote for the final adoption of the tax rate will be held at the next City Council meeting on September 10, 2013. The last step will be the approval of the tax levy in late September once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Legal Department FINANCIAL IMPACT: ❑ Operating Expense X Revenue ❑ Capital ❑Not Applicable Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - $ 83,345,697 $ 83,345,697 Encumbered/Expended amount of(date) - - - - This item - $ 83,345,697 $ 83,345,697 BALANCE - - $ - $ - FUND(S): General Fund$53,936,095 Debt Service Fund$29,409,602 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motions as presented. LIST OF SUPPORTING DOCUMENTS: • None AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 1, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Renewal of state and federal external legislative consultant contracts. CAPTION: Motion authorizing the City Manager to execute one year renewal agreements for governmental relation services with Focused Advocacy for state governmental relations services for$78,000 per year plus reasonable expenses and with Meyers & Associates for federal governmental relations services for$72,000 per year plus reasonable expenses. PURPOSE: Renewal of annual governmental relations contract between the City of Corpus Christi and Focused Advocacy for state governmental relations services and Meyers &Associates for federal governmental relations services. BACKGROUND AND FINDINGS: The City has engaged the services of external firms for state and federal governmental relations services for many years. Focused Advocacy became the City's consultant for state matters in 2011, but represented the City before that with a different firm. Meyers and Associates has represented the City since the early 1990s. Both firms are well-respected and connected in their respective legislative arenas and have been effective and resourceful advocates for the City. ALTERNATIVES: (1) Not renewing one or both of the consulting contacts, (2) Attempt to renegotiate the terms of the contracts, or (3) Selecting a different organization/individual to represent the City. OTHER CONSIDERATIONS: Focused Advocacy notified the IGR Director that the monthly retainer will increase in FY 14 from $6,000 per month to $6,500 per month due to increased operating expenses. This fact was revealed long after development of the FY 14 budget was prepared. The contract amounts with Meyers and Associates will not change for FY 14, but could change in future fiscal years. CONFORMITY TO CITY POLICY: The agreements being proposed for renewal are consistent with past agreements and have been approved by the City Attorney. These funds are available and budgeted for the 2014 fiscal year. EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: ACM — Business Support Services City Attorney Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Not applicable Project to Date Fiscal Year: 2014- Expenditures Future Year 2015 CIP only) Current Year FY 14 TOTALS Line Item Budget $192,000 $192,000 Encumbered / Expended Amount This item BALANCE Fund(s): 1020, 4010, 4130, and 4200 (federal only) Comments: None RECOMMENDATION: Staff recommends continuing the City's existing relationships with both Focused Advocacy in Austin and Meyers &Associates in Washington, D.C., for the 2014 fiscal year. The organizations have a record of success in assisting with achieving the City's priorities and are responsive to the City's needs. We recommend approval of the two contracts for the upcoming year. LIST OF SUPPORTING DOCUMENTS: 1. Renewal contract with Focused Advocacy 2. Renewal contract with Meyers & Associates 3. Certification of Funds FOCUSID (C-�--) ADVOCACY CONTRACT FOR PUBLIC AFFAIRS CONSULTING SERVICES (City of Corpus Christi, Texas) This contract is made the 30th day of July, 2013,between City of Corpus Christi, Texas, having its principal place of business at 1201 Leopard, Corpus Christi, TX 78401(hereinafter "Client") and Focused Advocacy having its principal place of business at 823 Congress Avenue, Suite 1200,Austin, Texas 78701 (hereinafter "Consultant") for the provision of public affairs consulting services related to the Client. 1. Services. Consultant will provide the services described below. a.At the direction of Client, represent the Client in dealings with elected and appointed officials, legislative staff, regulators, and interested stakeholders on matters of public policy identified by the Client with a particular emphasis on matters that impact municipal services and budgets. b. Provide analysis and tracking of government actions and decisions that could have an effect on the governmental affairs strategy of the Client. c.Advise Client on legislative actions contemplated and taken with respect to identified issues and goals. Assist in the development of a comprehensive strategy to accomplish Client's government affairs goals and objectives. d.Assist the Client in the passage of legislative initiatives that are proposed and identified by the Client as part of their overall legislative agenda. e. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance Client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators and staff. f. Use best efforts to provide information to and educate decision makers with regard to Client's interests and government affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client's behalf without prior authorization to do so. 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO @)FOCUSEDADVOCACY.COM FOCUSID (C-�--) ADVOCACY g. Monitor,by attendance at meetings and otherwise, state legislative and regulatory bodies considering legislation and/or rulemaking that would impact Client's government affairs objectives and interests. h. Monitor and track legislation that impacts Client's interest during the regular session and any called special sessions of the Texas Legislature during the term of the Agreement. Client or Consultant will identify such legislation as having a potential material impact on Client's interests. i. Consultant will assist in preparing city officials who testify before the Texas Legislature. As part of this preparation the Consultant will assist in formulating written and verbal testimony for city officials who provide testimony to legislative and administrative bodies. 2. Client Support and Communication. Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting,to assure timely and effective communications. Snapper Carr and Brandon Aghamalian will serve as the primary contact on behalf of the Consultant. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client's interests, the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion of Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both parties will mutually agree to discuss the role of the expanded services and agree, if necessary,to discuss the payment of additional compensation during this unlikely event. It is also understood that the Consultant works independently of any additional consultants the Client may have under contract. S. Term. This Agreement is effective on August 1, 2013 through July 31, 2014 (12 month period). Either party may terminate the contract by giving thirty (30) days written notice to the other party. 6. Compensation. In consideration for the performance of services, Client shall pay fees as follows: a. $6,500 per month for the duration of the contract. The fee will be billed on or about the first of each month. 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO @)FOCUSEDADVOCACY.COM FOCUSID (C-�--) ADVOCACY b. Payment shall be made to Focused Advocacy, LLC, 823 Congress Avenue, Suite 1200,Austin, Texas 78701 (Attention: Snapper L. Carr). 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 8. Expenses. Client agrees to pay Consultant's reasonable expenses incurred for pre- approved travel made at Client's request for work connected to this agreement. "Reasonable expenses"shall include airfare, hotels, taxis, shuttles, rental cars, meals. Consultant agrees to comply with all applicable expense reimbursement policies of the Client. Consultant shall provide documentation of all reimbursable expenses. Client shall pay these invoices within thirty (30) days of receipt. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client's behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable laws. 10.Lobby Activities and Reporting. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branch. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobby activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. The rules define "lobby activity"as "Direct communication with one or more members of Texas legislative or executive branch to influence legislation or administrative action and activities in preparing for such direct communication." The Consultant will allocate on a reasonable basis, as allowed by the rules,the amount of the retainer paid to the Consultant that is being paid for "lobby activities". Based upon Consultant's experience representing other clients,the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to "lobby activities." It is understood and agreed that the Consultant's activities will be monitored from time to time so that any change in the amount of time spent on lobby activities as 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO @)FOCUSEDADVOCACY.COM FOCUSID (C-�--) ADVOCACY defined by the rules of the Texas Ethics Commission will be detected and updated, if necessary. 11. Confidentiality. If a party provides information or materials indicated to be confidential,the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme cares to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. It is understood that Consultant intends to focus their legislative representation on local government issues and will undertake all necessary steps to avoid and prevent conflicts of interests with private sector interests. Consultant agrees to fully comply with the Texas Ethics laws concerning conflicts of interests. 13.Termination. Either party may terminate this agreement, without cause, upon thirty (30) days written notice to the other. The Client may also terminate this contract with fifteen (15) days notice if termination is caused due to an irresolvable conflict of interest. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination or attempted waiver of any provision hereof(including this section) shall be valid unless in writing and signed by the parties hereto. IN WITNESS WHEREOF,the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO @)FOCUSEDADVOCACY.COM FOCUSID (C-�--) ADVOCACY City of Corpus Christi, Texas Focused Advocacy, LLC By: By: Mr. Ron Olson Mr. Snapper L. Carr City Manager General Counsel Date: Date: ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: Carlos Valdez City Attorney 823 CONGRESS AVENUE,STE.1200 • AUSTIN,TEXAS 78701 • INFO @)FOCUSEDADVOCACY.COM AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND MEYERS & ASSOCIATES FOR GOVERNMENTAL RELATIONS SERVICES This agreement is by and between the City of Corpus Christi (the "City") and Meyers & Associates, a Washington based governmental relations consulting firm ("Meyers"), and is effective the I st day of August 2013. WITNESSETH: WHEREAS, many key goals of the City of Corpus Christi, especially economic development goals, are directly and critically affected by decisions of the United States Congress, President and Federal Agencies. These include, but are not limited to, protection of our military installations, assurance of an adequate water supply, reasonable air quality standards, funding for Community Development Block Grants and HOME programs, protecting the tax exempt status of municipal bonds, the North Padre Island Storm Damage Reduction and Environmental Restoration Project, transportation policy and project funding, including the Harbor Bridge, Interstate 69, freight rail expansion, and maintenance of the Gulf Intracoastal Waterway, and various other regulatory and funding programs; and WHEREAS, Meyers specializes in providing governmental relations services in federal legislative and administrative matters. NOW, THEREFORE, for and in consideration and exchange of mutual covenants and conditions herein contained, the City and Meyers agree as follows: 1. City Duties. The City hereby appoints Meyers to act on its behalf to assist in furthering City goals in Washington under terms acceptable to the City including: a. The City, through its City Manager, Director of Intergovernmental Relations and City Attorney will supervise the activities of Meyers in monitoring and promoting policies which assist in furthering the City's interests and goals. b. The City will pay or cause to be paid to Meyers $6,000.00 monthly for assistance in accomplishing the above interests and goals plus reasonable associated out-of-pocket expenses. C. Such payments will commence in August 2013 and will continue for (12) twelve consecutive months subject to provisions for cancellation as set out below, and subject to annual appropriations by the City Council. d. The services and relationship between the City and Meyers may be terminated with 30 days notice by the City Manager. Page 1 of 3 2. Meyers' Duties. Meyers agrees that they will: a. Use their best professional efforts to assist in the accomplishment of the interests and goals of the City. b. Perform all services according to high professional standards. C. Report any potential conflict of interest at once for resolution by the City Manager, should a potential conflict develop between services performed for the City and Meyers' other clients. d. Comply with all laws of the United States and regulations of the United States Congress with regard to representation and registration as may be required by such laws and regulations. e. Provide the City Manager periodic reports identifying services provided and any issues that could impact the City of Corpus Christi. 3. Term. This Agreement shall commence August 1, 2013 and continue until July 31, 2014, subject to the provisions for cancellation set out in Section 1 (d) above. 4. Independent Contractor. Nothing contained in this Agreement shall be construed to constitute Meyers as an employee or agent of the City nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent contractor responsible for its own actions. 5. Entire Agreement. This Agreement contains the entire understanding of the parties hereto with respect to the matters covered hereby. 6. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provisions of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 7. Assignment. This Agreement may not be assigned by either party without mutual consent in writing. 8. Binding Effect. Subject to the provisions of Section 7 of this Agreement, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. 9. Amendment. This Agreement may be amended only by an instrument in writing executed by the parties hereto. Page 2 of 3 10. Captions. The section and paragraph headings in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Governing law. This Agreement shall be construed and enforced in accordance with and governed by law of the State of Texas. 12. Counterparts. This Agreement may be executed in multiple original counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, the parties hereto have signed this Agreement and same is made effective upon execution by all parties. CITY OF CORPUS CHRISTI, TEXAS By: Ron L. Olson Date City Manager MEYERS & ASSOCIATES By: Larry Meyers Date MEYERS & ASSOCIATES APPROVED AS TO FORM: CITY ATTORNEY Carlos Valdez Page 3 of 3 U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 23, 2013 1852 Second Reading for the City Council Meeting of July 30, 2013 DATE: June 20, 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 for a Single-Family Planned Unit Development for Yorktown Oso Joint Venture Property Location: East of Rancho Vista Boulevard East CAPTION: Case No. 0613-01 Yorktown Oso Joint Venture: A change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property is described as being a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rancho Vista Boulevard East, between Stampede Drive and Vaquero Drive. PURPOSE: The purpose of this item is to rezone the subject property to allow single-family dwellings with deviations from the code requirements in the "RS-4.5" Single-Family 4.5 District. RECOMMENDATION: Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to the following six conditions: 1.) Development Plan: The Owners shall develop the Property in accordance with the Master Site Plan. The development of the Property is to consist of 23 single- family lots and one private park lot. The development shall be constructed in one phase. 2.) Residential Lot Development Standards: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the Master Site Plan and associated plat. Each lot must maintain a minimum 30% open space. Development standards not shown on the Master Site Plan or associated plat or not addressed in the conditions of this ordinance must be in accordance with the "RS-4.5" Single-Family 4.5 District. 3.) Parking: The Property shall provide 20 on-street parking spaces in designated bump-out areas shown on the Master Site Plan. Additionally, each lot shall have a two-car garage. Lots 47, 52, 55, and 61 may have the garages setback at a minimum five feet from the private street. 4.) 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." The entrance to the Property may have a controlled access gate. The controlled access gate shall be located to provide a minimum of four vehicle stacking spaces. 5.) Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street and shall be located in a dedicated five-foot wide pedestrian easement. 6.) 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 rezoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay to allow construction of a single-family subdivision that deviates from the typical standards of the Unified Development Code (UDC). The purpose of the Planned Unit Development Overlay (PUD) in this case is to allow deviations of the code requirements related to the street width, sidewalks, and front yard setbacks. This rezoning is compatible with the present zoning and conforming uses of nearby properties and with the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood and is consistent with the Future Land Use Plan's designation of the property as a low density residential use. ALTERNATIVES: 1. Modify the conditions of the PUD; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (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 s � u WN I r *g r A a r r mg 10 ww� WK WK .3w. or a k N5 is Mom k r ,, ,. — rfc 3,2 xx k✓t- r. 5 vy a k X16• � p L � r Jarr r i MOT IA Sam k 'sflknp ° i `5 s "" s, ,ate ri '� r w'k'kfn' W. x, cMR f + y ZONING REPORT Case No.: 0613-01 HTE No. 13-10000018 Planning Commission Hearing Date: June 19, 2013 a Applicant/Owner: Yorktown Oso Joint Venture c — .o Legal Description/Location: Being a 5.74-acre tract of land out of v a Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and E—J 5 Garden Tracts, located east of Rancho Vista Boulevard East, between Q°a o Stampede Drive and Vaquero Drive. From: "RS-4.5" Single-Family 4.5 District To: "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit •E n Development Overlay Cr i° Q Area: 5.74 acres Purpose of Request: To develop a single-family subdivision. Existing Zoning Existing Land Use Future Land Use District "RS-4.5" Single-Family Low Density c� Site 4.5 Vacant Residential (D North "RS-6" Single-Family 6 Water Water c Low Density N "RS-4.5" Single-Family Low Density c South 4 .5 ReVacanit I & Residential J n "RS-4.5" Single-Family • East 4.5 Water Water w West "RS-4.5" Single-Family Vacant Low Density 4.5 Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for CL M c low density residential uses. The proposed rezoning to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay is a 6 consistent with the adopted Future Land Use Plan. Q Map No.: 042029 & 042030 Zoning Violations: None CL c Transportation and Circulation: The subject property will have access to Rancho Vista Boulevard East, which is Local Residential street. L Urban Proposed Existing Traffic Street Transportation Q � Plan Type Section Section Volume L O c Rancho Vista 50' ROW 24' ROW Not Blvd. E. Local Residential 28' paved not paved Available Zoning Report Case#0613-01 Yorktown Oso Joint Venture Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-4.5" Single- Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay to allow construction of a gated, single-family subdivision. The purpose of the Planned Unit Development Overlay (PUD) in this case is to allow deviations of the code requirements related to the street width, sidewalks, and front yard setbacks. Development Plan: The proposed single-family development will consist of 27 lots. Twenty-six lots are for single-family dwellings and one 8,765-square foot lot will be dedicated as a private park maintained by the home owners association. The development will be completed in one phase. This PUD will utilize decreased front yard setbacks, sidewalk width, and street width. The development will meet all other requirements of the "RS-4.5" Single-Family 4.5 District. The single-family lots will range in size from 7,200 square feet to 10,584 square feet, and the lot width will range from 24 feet to 75 feet. Each lot will have a two-car garage and the development will provide 20 parking spaces in designated areas along the street where fire truck access will not be impeded. The development will have one point of access to Rancho Vista Boulevard East and the internal private street will have a controlled access gate. The following table is a comparison of the proposed development standards and the development standards of the "RS-4.5" Single-Family 4.5 District and UDC. The table states all necessary deviations from the UDC. Minimum Dimensions "RS-4.5" District Standards for Proposed PUD Complies? single-family detached houses Lot area 4,500 sq. ft. 7,200 to 10,584 sq. ft. Yes Lot width 45 ft. 24 to 75 ft. No Front yard 20 ft. 5 to 20 ft. No Side yard 5 ft. 5 ft. Yes Rear yard 5 ft. 5 ft. Yes Open Space 30% 30% Yes Height 35 ft. 35 ft. Yes Private Street 28 ft. 24 to 40 ft. No Sidewalk 6 ft. on one side 5 ft. on one side No Existing Land Uses & Zoning: North and east of the subject property is a private lake zoned "RS-6" Single-Family 6 District and "RS-4.5" Single-Family 4.5 District. West of the subject property is vacant land zoned "RS-4.5" Single-Family 4.5 District. South of the subject property are single-family dwellings zoned "RS-4.5" Single-Family 4.5 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Zoning Report Case#0613-01 Yorktown Oso Joint Venture Page 3 Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Plat Status: The subject property is not platted. The property will be platted in accordance with the PUD plat. Department Comments: • This Planned Unit Development utilizes decreased front yard setbacks, street widths, and sidewalk widths. The development will meet all other requirements of the "RS-4.5" Single-Family 4.5 District. • This rezoning is compatible with the present zoning and conforming uses of nearby properties and with the character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • This rezoning is consistent with the Future Land Use Plan's designation of the property as a "low density residential" use. • PUDs allow flexibility for attractive, efficient design and can encourage development on difficult sites. Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to the following conditions: 1.) Development Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit C. The development of the Property is to consist of 23 single-family lots and one private park lot. The development shall be constructed in one phase. 2.) Residential Lot Development Standards: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the Master Site Plan and associated plat as shown in Exhibits C and D, respectively. Each lot must maintain a minimum 30% open space. Development standards not shown on the Master Site Plan or associated plat or not addressed in the conditions of this ordinance must be in accordance with the "RS-4.5" Single- Family 4.5 District. 3.) Parking: The Property shall provide 20 on-street parking spaces in designated bump-out areas shown on the Master Site Plan in Exhibit C. Additionally, each lot shall have a two-car garage. Lots 47, 52, 55, and 61 may have the garages setback at a minimum five feet from the private street. Zoning Report Case#0613-01 Yorktown Oso Joint Venture Page 4 4.) 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." The entrance to the Property may have a controlled access gate. The controlled access gate shall be located to provide a minimum of four vehicle stacking spaces. 5.) Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street and shall be located in a dedicated five-foot wide pedestrian easement. 6.) 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 — 58 within 200' notification area; 2 outside notification area 0 As of June 20, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Master Site Plan 3. Plat K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\0613-01 Yorktown Oso Joint Venture\0613-01 Report for PC,Yorktown Oso Joint Venture.docx b w w O " N OR 5 M s q �<GI 54 25 47 V a " 52 0 R S - 6 55 56„ Q�FR " - — w QV S-U yT 42 6 FOR w PROPERTY ``' - 2s hr m X38 h 27 ° 37 23 7~ w 28O Q 5 5d 3 w 4 10/'4 — 4 OI' 46 w 17 Q� L®AURELAS DR 5 = R_S -4 . 5 19:Q� v 22 �OV R 16 Q� 35 M W 15 11 M 14 45 49 M — 8�18 30 3 24 48 " 3 Q ? 29° - 3s F R 21 " h —- 32 M " 1 36 .,SrgA- 40 41 34V 44 'Ijp 41 53 <C 3 . �•� 33 h F 20 R S 4 . 5 12 FOR — ��O FR RS - . 5 J " ` h Date Created:616 12013 0 400 J 800 Prepared By:jeremym Feet o Department of Development Services CASE: 0613-01 �oo�o 2. SITE - EXISTING ZONING, R,o�F NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial j oOa cayo Del Oso RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay SUBJECT �. ON Professional Office RS-10 Single-Family 10 PROPERTY ��- RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-15 Single-Family Two-Family Resort Commercial 15 � � oR�TO�e ��QR/eeFgti 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 -_--- oSo CR-3 Resort Commercial -----'�, c" i FR Farm Rural H Historic Overlay N 7 BP Business Park Subject Property Owners City Of with 200'buffer 0 in favor Corpus 4 Owners within 200'listed on Owners CO CATION ION MAP Cll17St1 attached ownership table in opposition > Y K '2 fa VI ON m N Dj Q3Q a �Z C w¢K Q O O�O 3 m ova A6o j cpad n W O S K „asaniP 0 o o VI 20¢Ow ���N�w moo 000 K Pooa PlaIjP a Vl �wwK �ONZ wCa tw/12 ZNN NNN -----.3'n.011--------- ——————— E H w 'm.m pmO—>—ad aaa a >�- °0.°°d Z z�Z��-o-o=oJNOO Oao — — —a.A.oz Zw egg, -5waw waawaa aaa ��= ga s W ® Of mW� CD �a e 0 J N N LLV �n o U } 3 Cif Y P4 ... 14uno0 BDainN V-8 W «3 d 019-605'a8d'k9 WA y�7un uolclypgn5 o;a oyauoy 7 m� `Os Prom,lnog�o„Pwl� n� WN� I � � p°c _c” I •� c z 2��F aE°O N I ,i . 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Fl. >laol8'01 lol y. s� NoI�M —8 `a uoc ui EN i a.off P°y^Y Ol O N g ? EXHIBIT D Ordinance amending the Unified Development Code ("UDC") upon application by Yorktown Oso Joint Venture ("Owner"), by changing the UDC Zoning Map in reference to a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Yorktown Oso Joint Venture, 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, June 19, 2013, during a meeting of the Planning Commission, and on Tuesday, July 23, 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 Yorktown Oso Joint Venture ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City") is amended by changing the zoning on a 5.74-acre tract of land out of Lots 19, 207 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located along the east side of Rancho Vista Boulevard East, between Stampede Drive and Vaquero Drive, from the "RS-4.5" Single-Family 4.5 District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay, subject to six conditions (Zoning Map Nos. 042029 & 042030), as shown in Exhibits "A," "B," "C," and "D." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, Exhibit C, which is the master site plan ("Master Site Plan") pertaining to the Property, and Exhibit D, which is the plat of 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 six conditions: 1. Development Plan: The Owners shall develop the Property in accordance with the Master Site Plan as shown in Exhibit C. The development of the Property is to consist of 23 single-family lots and one private park lot. The development shall be constructed in one phase. 2. Residential Lot Development Standards: The Property must be developed in accordance with the setbacks, lot sizes, and lot widths established on the Master Site Plan and associated plat as shown in Exhibits C and D, respectively. Each lot must maintain a minimum 30% open space. Development standards not shown on the Master Site Plan or associated plat or not addressed in the conditions of this ordinance must be in accordance with the "RS-4.5" Single- Family 4.5 District. 3. Parking: The Property shall provide 20 on-street parking spaces in designated bump-out areas shown on the Master Site Plan in Exhibit C. Additionally, each lot shall have a two-car garage. Lots 47, 52, 55, and 61 may have the garages setback at a minimum five feet from the private street. 4. 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." The entrance to the Property may have a controlled access gate. The controlled access gate shall be located to provide a minimum of four vehicle stacking spaces. 5. Pedestrian Access: A minimum five-foot wide sidewalk is required to be constructed along one side of the internal private street and shall be located in a dedicated five-foot wide pedestrian easement. 6. 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. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (a 5.74-acre tract of land out of Lots 19, 20, 29, and 30, Section 25, Flour Bluff and Encinal Farm and Garden Tracts) 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. 0613-01 Ordinance Yorktown Oso Joint Venture Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0613-01 Ordinance Yorktown Oso Joint Venture Page 3 of 3 i Job No,39319.B2A4 UR April 12,2013 BAN Rev.May 15,2013 ENGINEERING Rev.June 5,2013 STATE OF TEXAS COUNTY OF NUECES Field Notes for a 5.74 acre tract of land,more or less(not based on an on-the-ground survey)out of Lots 19,20,29 and 30,Section 25,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41-43,Map Records of Nueces County,Texas,said 5.74 acre tract being more fully described as follows: Commencing at the west corner of Lot 15,Block 3 (Private Lake),Rancho Vista Subdivision Unit 1,a map of which is recorded in Volume 64,Pages 225 through 226,Map Records of Nueces County,Texas; Thence, South 61°17'51°East,along the southwest boundary of said Lot 15,Block 3,a distance of 129.52 feet,to the Point of Beginning,for a corner of this tract; Thence,continuing along said southwest boundary of Lot 15,Block 3 as follows: South 619751"East, 185.68 feet; South 69°38'28"East, 120.60 feet; South 61°17'51"East,a distance of 135.00 feet to the north corner of Lot 15A,Block 3 Private Lake),Rancho Vista Subdivision Unit 4A,a leap of which is recorded in Volume 67,Pages 510 through 511,Map Records of Nueces County,Texas for a corner of this tract; Thence,South 16°17'51"East,with the northwest boundary of said Lot 15A,Block 3,a distance of 70.71 feet for a comer of said Lot 15A,Block 3 and of this tract; Thence, South 28°42'09°West,continuing with the northwest boundary of said Lot 15A,Block 3,a distance of 379.12 feet to a corner of Lot 29,Block 3,said Rancho Vista Subdivision Unit 4A and for a corner of this tract; Thence, South 73 042'09"West,with the northwest boundary of said Lot 29,Block 3,a distance of 64.89 feet for a common corner of Lots 29 and 30,said Block 3 and for a corner of this tract; Thence,North 61°17'51"West,with the northeast boundary of Lots 30 through 37,said Block 3,a distance of 449.12 feet,for a corner of this tract; Thence,North 28°42'09"East,a distance of 60.00 feet for a corner of this tract; Thence,North 61'17'5 1"West,a distance of 128.64 feet for a corner of this tract and for the beginning of a non-tangent curve to the left whose radius point bears North 54°29'43"West,a distance of 403.12 feet and having a central angle of 03°35'36",a radius-of 403.12 feet,a tangent length of 12.65 feet and an are length of 25.28 feet; Thence along said non-tangent curve to the left,an are length of 25.28 feet for the point of tangency and for a corner of this tract; Thence,North 31°54'411 East,a distance of 160.07 feet for a corner of this tract; (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTIJEXAS 78404 FAX(361)854-6001 www,urbaneng.com 11Urbanfs021 Data\Surveying\393191B2041Zoning\FieldnotesRezone..gtc E Firm#145 Page 1 oft EXHIBIT A 1 Thence, South 61°17'51"East,a distance of 122.48 feet for a corner of this tract; Thence,North 28°42'09"East,a distance of 212.50 feet to the Point of Beginning and containing 5.74 acres(250,083 square feet)of land,more or less. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 4A,a map of which is recorded in Volume 67,Pages 509-510,Map Records ofNueces County,Texas. Unless this Field Notes Description,including preamble,seal and signature,appears in its entirety, in its original form,surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEERING OF /././ NH..N....... ..N...N. KEITH w WOOLEY .N ./...1 b v, s 90 5463 - � .'.°��-L� Keith W.Wooley;`RIP.L. 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Fl. >laol8'01 lol y. s� NoI�M —8 `a uoc ui EN i a.off P°y^Y Ol O N g ? EXHIBIT D t S U� p AGENDA MEMORANDUM pia Public Hearing and First Reading for the City Council Meeting of July 23, 2013 1852 Second Reading for the City Council Meeting of July 30, 2013 DATE: June 20, 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 Farm-Rural to Low Density Residential for Southside Ventures, L.P. Property Address: 7401 & 7555 Holly Road CAPTION: Case No. 0613-02 Southside Ventures, L.P.: A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Holly Road, approximately 1,160 feet east of Rodd Field Road. PURPOSE: The purpose of this item is to rezone the subject property to allow development of a single-family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "FR" Farm Rural 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 from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District to allow construction of a single-family subdivision. The properties located north, south, and east of the subject property are developed with single-family uses. The proposed rezoning is consistent with the land use and zoning patterns of adjacent properties. The proposed rezoning would not negatively impact the surrounding properties and is consistent with the Future Land Use Plan's designation of the property as a low density residential use. 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 proposed rezoning is consistent with the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (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 x t �. �t e} .Y• r 3`ply 57 ��'w..�a'Si y'8' �✓� p.;�,.�� ��. ` 9 i t " � r✓ t t fY 4 rte S a°^•n, IS Ap 40, It r ;3 y fit' •+h�'*�.�r �`�r ,; .3tT t�`"� t.,d �4� rvt y ZONING REPORT Case No.: 0613-02 HTE No. 13-10000019 Planning Commission Hearing Date: June 19, 2013 a Applicant/Representative: Southside Ventures, L.P. o Owner: Palm Land Investments, Inc. 6 m Bluff ,CL Legal Description/Location: Lots 3, 4, and 5, Section 27, Flour Blu E—J 5 and Encinal Farm and Garden Tracts, located along the south side of Q°a o Holly Road, approximately 1,160 feet east of Rodd Field Road. }, From: "FR" Farm Rural District Q To: "RS-4.5" Single-Family 4.5 .o Cr Area. 60.18 acres N Purpose of Request: To develop a single-family subdivision. Existing Zoning Existing Land Use Future Land Use District Site "FR" Farm Rural Vacant & Estate Low Density c Residential Residential Low Density Low Density c North "RS-6" Single-Family 6 Residential & Residential .E y o Vacant � N "RS-4.5" Single-Family CM r_ South 4 5 Drainage Corridor Drainage Corridor y J East "RS-4.5" Single-Family Low Density Low Density w 4.5 Residential Residential "RM-1" Multifamily 1, Medium Density West "RM-3" Multifamily 3 & Agricultural/Rural Residential "FR" Farm Rural Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for cCL 0 low density residential uses. The proposed change of zoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use a 6 Plan. Q Map No.: 040033 Zoning Violations: None c 0 Transportation and Circulation: The subject property has 1,984 feet of c frontage along Holly Road, which is designated an "A3" Primary Arterial CL Divided street, and is approximately 1,160 feet east of Rodd Field Road, c� which is designated an "A3" Primary Arterial Divided street. L Zoning Report Case#0613-02 Southside Ventures, LP Page 2 Urban Proposed Existing Traffic Street Transportation Volume W � Section Section L d Plan Type (2007) Cn "A3" Primary 130' ROW 110' ROW Holly Rd. 1,266 ADT Arterial Divided 79' paved 20' paved Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District to allow construction of a single- family subdivision. Development Plan: A total of 250 to 260 lots are planned with minimum lot sizes of 4,500 square feet, 45-foot lot widths, and 20-foot front yard requirements. Based on the number of lots proposed, three external access points to the City's roadway network will be required. The subdivision will be constructed in multiple phases. Existing Land Uses & Zoning: North, south, and east of the subject property are single-family dwelling units zoned "RS-6" Single-Family 6 District and "RS-4.5" Single- Family 4.5 District. West of the subject property is vacant land zoned "RM-1" Multifamily 1 District, "RM-3" Multifamily 3 District, and "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed change of zoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. Plat Status: In order to construct a single-family subdivision the property would need to be replatted. A preliminary plat will be required because the subdivision is planned to be constructed in multiple phases. Department Comments: • The properties located north, south, and east of the subject property are developed with single-family uses. The proposed rezoning is consistent with the land use and zoning patterns of adjacent properties. • The proposed rezoning would not negatively impact the surrounding properties and is consistent with the Future Land Use Plan's designation of the property as a "low density residential" use. • The property to be rezoned is suitable for uses permitted by the "RS-4.5" Single- Family 4.5 District that would be applied by the proposed amendment. Zoning Report Case#0613-02 Southside Ventures, LP Page 3 Planning Commission and Staff Recommendation (June 19, 2013): Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Number of Notices Mailed — 98 within 200' notification area; 4 outside notification area 0 As of June 20, 2013: In Favor — 0 (inside notification area); 0 (outside notification area) a 0 In Opposition — 1 (inside notification area); 0 (outside notification area) For 0.35% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0613-02 Southside Ventures\0613-02 Report for CC,Southside Ventures.docx 25�. d d M „63 RM- 3' 15 q N ti0 8U CO <<y - 6 SUBJECT " " M PROPERY s41—° T 46 40 " U 19 28 60 _ m a h m " 37 RS �TF 95 FR - 82 1,2 55 68 5h %90 1 3�i3�1 96a '/- 4 �4 41 - " o4z- "57 73- fi2� 512 0 " �, - -- _ w " s7' " 79 50 36 " M '.C�cOROO ww y w RS-4 . 5 42, " „ R O w " 54 w CO zi w y w 7T„ 26^ qR 0 W Al w w 31 " eC<�T �Q�" D§te'`CreatedPS/2\8/$b 13 0 400 " 800 p "� /Prep%e5 ey jeremy�m Feet+ De arum nt f<Deve/o 7nen�Services✓ n " n CASE: 0613-02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Calp RM-1 Multifamily 1 IL Light Industrial oevo o RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay w Professional Office a ON RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 y CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family 11 CR-1 Resort Commercial RS-15 Single-Family 15 SUBJECT Ro�Yr CR-2 Resort Commercial RE Residential Estate i 'Ro CG-1 General Commercial PROPERTY RS-TH Townhouse iy CG-2 General Commercial Sp Special Permit ��<•o CI Intensive Commercial RV Recreational Vehicle Park R�OCF ��0� CBD Downtown Commercial `` RMH Manufactured Home p CR-3 Resort Commercial FR Farm Rural N Q' H Historic Overlay BP Business Park p0� Cayo Del oso — — Subject Property O Owners ✓v� c<F City Of with 200'buffer in favor S y�� HD COTpUS RJR 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition Ordinance amending the Unified Development Code ("UDC") upon application by Southside Ventures, L.P., acting as agent on behalf of Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural 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 Southside Ventures, L.P., acting as agent on behalf of Palm Land Investments, 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, June 19, 2013, during a meeting of the Planning Commission, and on Tuesday, July 23, 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 Southside Ventures, L.P., acting as agent on behalf of Palm Land Investments, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lots 3, 4, and 5, Section 27, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located along the south side of Holly Road, approximately 1,160 feet east of Rodd Field Road, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District (Zoning Map No. 040033), as shown in Exhibit "A." Exhibit A, which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property (Lots 3, 4, and 5, Section 27, 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 day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0613-02 Ordinance, Southside Ventures Page 2 of 2 25�. d d M „63 RM- 3' a 15 N ti0 8U CO <<y - 6 SUBJECT " " M PROPERY s41—° T 46 40 " U 19 28 60 _ m a h m " 37 RS �TF 95 FR - 82 1,2 55 68 5h %90 1 3�i3�1 96a '/- 4 �4 41 - " o4z- "57 73- fi2� 512 0 M_w1 " G �� �" b" �"� 98,�)1 - -- w " s7' " 79 50 36 " cFp�oO qw C w RS-4 . 5 42, " „ R O w " 54 w CO zi w y w 7T„ 26^ qR 0 W Al w w 31 " eC<�T D§te'`CreatedPS/2\8/$b 13 0 400 " 800 p "� /Prep%e5 ey jeremy�m Feet+ De arum nt f<Deve/o 7nen�Services✓ n " n CASE: 0613-02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP Calp RM-1 Multifamily 1 IL Light Industrial oevo o RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay w Professional Office a ON RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6 y CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family 11 CR-1 Resort Commercial RS-15 Single-Family 15 SUBJECT Ro�Yr CR-2 Resort Commercial RE Residential Estate i 'Ro CG-1 General Commercial PROPERTY RS-TH Townhouse iy CG-2 General Commercial Sp Special Permit ��<•o CI Intensive Commercial RV Recreational Vehicle Park R�OCF ��0� CBD Downtown Commercial `` RMH Manufactured Home p CR-3 Resort Commercial FR Farm Rural N Q' H Historic Overlay BP Business Park p0� Cayo Del oso — — Subject Property O Owners ✓v� c<F City Of with 200'buffer in favor S y�� HD COTpUS RJR 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition EXHIBIT A Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant modification award in the amount of $71,837 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles; and appropriating the $71,837 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant modification award in the amount of $71,837 from the Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. SECTION 2. That $71,837 is appropriated in the No 1061 Police Grants Fund from the Office of the President, Office of National Drug Control Policy for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA for the salary and benefits of a full-time program coordinator, one administrative assistant, overtime for four (4) Corpus Christi Police Officers, and four (4) lease vehicles. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 Nelda Martinez City Secretary Mayor Cyr 0 � AGENDA MEMORANDUM oPOa EO First Reading Ordinance for the City Council Meeting of July 23, 2013 1852 Second Reading Ordinance for the City Council Meeting of July 30, 2013 DATE: July 3, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floydsp_cctexas.com 886-2605 Appropriating funds from sale of Police handguns to Police Officers CAPTION: Ordinance appropriating $87,526 in the General Fund No 1020 from the sale of Police handguns; and Amending the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020 by $87,526. PURPOSE: Appropriate the funds for the purchase of new handguns for Police Officers. BACKGROUND AND FINDINGS: The Police Department will purchase handguns from Smith and Wesson for the exchange of the current model Glock. Officers were given the opportunity to purchase their currently issued Glock, and these funds were the result of those purchases. The Police Department will use the funds to purchase the new Model Smith and Wesson. ALTERNATIVES: OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 87,5261 1 87,526 BALANCE 87,5261 1 87,526 Fund(s): General Comments:. RECOMMENDATION: Staff recommends appropriation of the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $87,526 in the General Fund No 1020 from the sale of Police handguns; and Amending the FY 2012-2013 Operating Budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020 by $87,526 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $87,526 from the sale of Police handguns is appropriated in the General Fund No 1020. SECTION 2. That the FY 2012-2013 operating budget adopted by Ordinance 029577 is amended by increasing revenue and expenditures in the General Fund No 1020 by $87,526. 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 Nelda Martinez City Secretary Mayor 44Ug 0 AGENDA MEMORANDUM No P fl First Reading Ordinance for the City Council Meeting of July 9, 2013 xs Second Reading Ordinance for the City Council Meeting of July 23, 2013 DATE: May 20, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha(a)-cctexas.corn (361) 826-3932 Appropriating $3,380,824 from the Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund. CAPTION: Ordinance appropriating $3,380,824 from the United States Department of Homeland Security— Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program, into the No 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fire Department. PURPOSE: The SAFER grant will provide 100% funding for the entry-level salaries and fringe benefits for 34 full time firefighters for a period of 24 months. The 34 firefighters were hired on January 14, 2013 funded by the SAFER grant. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council approval of Ordinance to a appropriate funds. EMERGENCY INON-EMERGENCY: Staff is requesting a non-emergency reading of this routine, non-controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital Q Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $697,691.00 $2,683133.00 $3,380,824,00 BALANCE $3,380,824.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Panel Review Page 2 of 7 U S. Department of Homeland Security Washington, D C. 20472 FEM A !i Mr. Robert Rocha Corpus Christi Fire Department = 2406 Leopard, Suite 300 Corpus Christi, Texas 78408-3719 Re: Grant No,EMW-2012-FH-00079 Dear Mr. Rocha: On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), i am pleased to inform you that your grant application submitted under the FY 2012 Staffing for Adequate Fire and Emergency Response(SAFER) grants has been approved. FEMA's Grant Programs Directorate -- (GPD), in consultation with the U.S. Fire Administration(USFA), carries out the Federal responsibilities of - administering your grant. The approved project costs total to$3,380,824.00.The Federal share is$3,380,824.00 of the approved amount and your share of the costs is$0.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the articles as they outline the terms and conditions of your grant award. Maintain a copy of these documents for your official file. You establish acceptance of the grant and Grant Agreement Articles when you formally receive the award through the AFG online system. By accepting the grant, you agree not to deviate from the approved scope of work without prior written approval, via an amendment request, from FEMA. Once your period of performance has begun, and if your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the process to request your grant funds, please call 1-866-274- . 0960. Sincerely, b� i Timothy W. Manning Deputy Administrator for National Preparedness and Protection https:Heservices.fema.gov/FernaFireGrant/firegrant/j sp/fire_admin/awards/spec/view_aw... 12/24/2012 Ordinance Appropriating $3,380,824 from the United States Department of Homeland Security— Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program, into the No 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fire Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,380,824 is appropriated from United States Department of Homeland Security — Staffing for Adequate Fire and Emergency Response (SAFER) Grant Program into the No 1062 Fire Grants Fund to hire and maintain 34 additional firefighters within the Fire Department. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ga O� H AGENDA MEMORANDUM Future Item for the City Council Meeting of July 23, 2013 NoP© pE° Action Item for the City Council Meeting of July 30, 2013 1852 DATE: July 3, 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 Amendment No. 1 Cefe Valenzuela Outfall Modifications and On-Call Consulting Services CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11050 Cefe Valenzuela Outfall Modifications; transferring funds from Fund No. 3365 Reserve Appropriation in the amount of $100,000 to Project No. E11050 Cefe Valenzuela Outfall Modifications and authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $69,800, for a total restated fee not to exceed $116,200 for the Project No. E11050 Cefe Valenzuela Outfall Modifications and On-Call Consulting Services. PURPOSE: The purpose of this Agenda Item is to authorize the proposed Engineer to provide design and construction documents for the Cefe Valenzuela Landfill/Petronilla Creek Outfall Project. BACKGROUND AND FINDINGS: The Solid Waste Department has requested an investigation and recommendation for repairs of components of the outfall channel that has been damaged and/or eroded in stormwater runoff event as a result of Hurricane Karl. The components include: 1) Subgrade beneath the slope paving north of the concrete outfall structure at Petronilla Creek, 2) West bank of outfall channel, north of FM 70, where two pipelines have been undermined by erosion, 3) West bank of outfall channel between FM 70 and the pipeline location. ALTERNATIVES: 1. Execute Amendment No. 1 with HDR Engineering, Inc. as proposed. 2. Do not execute Amendment No. 1 with HDR Engineering, 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 Project to Date 2012-2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $46,400.00 $100,000.00 $557,300.00 $703,700.00 Encumbered / Expended $46,400.00 $46,400.00 Amount This item $69,800.00 $0.00 $69,800.00 Future Anticipated $30,200.00 $557,300.00 $587,500.00 expenditures for this project BALANCE $0.00 $.00 $0.00 $0.00 Fund(s): Comments: RECOMMENDATION: City staff recommends the Amendment No. 1 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$69,800. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Location Map PROJECT BUDGET ESTIMATE Cefe Valenzuela Outfall Modifications & On-Call Consulting Services Project No. E11050 PROJECT FUNDS AVAILABLE: Public Health &Safety CIP............................................................................... $ 46,400.00 Public Health &Safety CIP Reserves....................................................................... 100,000.00 Future Public Health & Safety CIP Budget Request................................................. 557,300.00 TOTAL............................................................................................................... 703,700.00 FUNDS REQUIRED: Construction (preliminary estimate).......................................................................... $500,000.00 Contingency ....................................................................................................... 50,000.00 Design Fees: Engineer - HDR Engineering, Inc (Original Contract)................................................... 46,400.00 Engineer - HDR Engineering, Inc (Amendment No. 1)................................................. 69,800.00 Materials Testing (Included in Amendment No. 1) - Reimbursements: Contract Administration (Contract Preparation/Award/Admin)........................................ 12,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)............................... 17,500.00 Finance.............................................................................................................. 6,250.00 Misc. (Printing, Advertising, etc.)............................................................................. 1,250.00 TOTAL............................................................................................................... $703,700.00 ESTIMATED PROJECT BUDGET BALANCE........................................................... $ - AMENDMENT NO. 1 TO 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 784699277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and HDR ENGINEERING, INC., a Texas corporation, 555 N. Carancahua Suite 1600, Corpus Christi, Nueces County, Texas 78410, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Cefe Valenzuela Outfall Modifications & On-Call Consulting Services (Project No El 1050) —This Amendment is at the request the Solid Waste Department for a investigation and recommendation for repairs of components of the outfall channel that has been damaged and/or eroded in stormwater runoff event as a result of Hurricane Karl. The components include: 1)Subgrade beneath the slope paving north of the concrete outfall structure at Petronilla Creek, 2) West bank of outfall channel, north of FM 70, where two pipelines have been undermined by erosion, 3) West bank of outfall channel between FM 70 and the pipeline location. Amendment No. 1 will provide design, bid and construction administration services for the investigation and repair of the damaged channel components. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates(project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated Contract for Engineering(AlE)Services Page 9 of 3 K AENGINEERING DATAEXCHANGESANGIEMISOLID WASTME11650 CEFE VALENZUELA OUTFALL MODIFICATIONS AND ON CALL CONSULTING SERVICES%AMENDMENT NO W CONTRACT PROFESSIONAL SERVIGES.DOC 4 „ t t, schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE In the original contract, Exhibit "A" FEES shall be modified for a total fee not to exceed $69,800.00 (Sixty Nine Thousand Eight Hundred Dollars and Zero Cents), for a restated fee not to exceed $116,200.00, (One Hundred Sixteen Thousand Two Hundred Dollars and Zero Cents) as shown in the attached Amendment No. 1, Exhibit "A". Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The AIE agrees that at least 75%of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The 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 AIE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the AIE without written consent of the City. Contract for Engineering(AIE)Services Page 2 of 3 K:IENGINEERING DATAEXCHANGELANGIEMISOLID WASTEI£11050 CEFE VALENZUELA OUTFALL MODIFICATIONS AND ON CALL CONSULTING SERVICESIAMENDMENT NO 111 CONTRACT PROFESSIONAL SERVICES-DOG { J , The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. f.� Oscar R. Martinez, Date Carl E. Crull, P. E. Date Assistant City Manager Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78410 RECOMMENDED (361) 696-3300 Office Daniel Biles, P. E., Date Director of Engineering Services ENTERED Lawrence Mikolajezyk Date SUN 2 7 2013 Director of Solid Waste Operations CONTRACT MANAGERS APPROVED AS TO FORM Project No. E1.1050 Fund Name: Sanitary Landfill CIP Fund Fund Source No. 550950-3365-00000-E11050 Office of Management Date Encumbrance No. and Budget ATTEST Armando Chapa, City Secretary Contract for Engineering(A/E)Services Page 3 of 3 UENGINEERING DATAEXCHANGEIANGIEMSSOLID WASTBE11050 CEFE VALENZUELA OUTFALL MODIFICATIONS AND ON CALL CONSULTING SERVICES\AMENDMENT NO 1 41 CONTRACT PROFESSIONAL SERVICES.DOC !, r, A. i ONE COMPANY Many Solutionv, May 10,2013 P79532 Mr. Daniel Biles;P.C. ,Director of Engiireering, Department of Engineerhig Services City of Corpus Christi P,O.Box 9277 Corpus Christi,Texas 78469-9277 RE: PROPOSAL- CEFE LANDFILL/PETRONILLA CREEK OUTFALL CHANNEL REPAIRS- Design-Bid-Build Dellveiy Melhoclolcigy Dear Mf. Biles: Thank you for the opportunity to provide this proposed scope of work and fee structure for Professional engineering services for the design of repairs to the Cefe Landfill 1 Petronilla Creek OutfalI Channel. BACKGROUND This channel repair project is in response to a request by the City of Corpus Christi's Solid Waste Department to investigate and recoirimeild repairs to components of the outfall channel that have been damaged and/or eroded in a stormwater runoff event that occurred in September 201 3 due to rainfall from hurricane Karl. Those components include: 1. The subgrade beneath the slope having on the north side of the concrete ouifall structure at Petronilla Creek— HIM Engincerins'AIIe. 555 N.Carancahua Phona;{361)69&3300 i'mis Registered I nghlecring Tian[;-754 � sulto 1600 I Pax:I361)696.3385 corputchr[$0,TX78a10.0850 wrwr.hdrinc.<om AMD.NO. 4 EXHIBIT"A" Page 1 of 4 x r. i Mr..D.Tniel Biles,P.C. P79532 May 10,2013 Page 2 of 4; . 2. The wes(bank of the outfall channel, north of FM 70, where two pipelines have been undermined by.erosion- T'. r � r 1 I. The west bank of the outfall' channel between FM 70 and the afoaementioned undermined pipeline location. NMWMz EEXHIBIT 0. 1 "A" of4 Y f. Mr.DanielBiles,P.E. P79532 ' May 10,2013 Page 3 of 4 I'RQPOSED PROJECT APPROACH HDR will provide design, bid and constl•tict'toih•adilllilistration services for the investigation a repair of the damaged,channel components listed above. A detailed scope of work is included in Exhibit"A" . PROJECT SCHEDULE We propose to have"the 60% plans, specitcatians, opinion of cost and contract documents .road.Y for City review within 2 months of authorization to proceed with the work and-tile 100% docullients ready'within 1 months after•,receiving the City's 60% comments-, No other reviews are anticipated. PROJECT FEES BASIC SERVICES: The City will pay the All; a lump sum fee for providing all "Basic 'Services"authorized as per the Vable below. Payment will be in accordance with tlhe provisions of the executed-Contract for Professional Services Agreemen't between the City of Corpus Christi and HDR Engineering, Inc. ADDITIONAL SERVICES: For services authorized'by the Diiectgr of Engineering Services under"Additional Services", the City will pay the AIE a fee as per the table below. SCOPE OF WORK: A detailed scope of work can be.found in Exhibit"A". , SUMMARY OF-FEES: A summary of fees is as follows in the table below: Summary of Fees f Service Proposed Fee BOic Services: Investigation & Design Phase $ 39,400:00* Bid Please $ 7,800.00 Construction Please S 14,100.00 Subtotal $ 61,300.00 Additional Services, Testing 8.500.00. TOTAL *•Inclmles Project management,expenses and reimbitrsables.• If you have any questions,please feel free to.contact Steve Synovitz, P.E. at 361-696-3334.' AMD. NO. 1 EXHIBIT"A" Page 3 of 4 Y • r ,r Mr,Daniel Biles,P.E. P79532 May 10,2013 Page 4.of 4 Sincerely, HDR ENGINEERING, INC. „ Carl E. Crnll,P.E. Vice Pfesident SRSlsrs cc:.Grace Gonzalez, P.E.,MBA—M,jor Prc jcct Engineer Engiiieering,Services, City ofCorpos Christi Attkhmen't: Exhibit"A - Scope of Services r i AMD. NO. 1 EXHIBIT"A" Page 4 of 4 r „ , Cefe Landfill/Petronilla Creek Outfall Channel Repairs P79532 Exhibit"A"'•-Scope of Work Design-Bid�Bt ld Delivery Methodology May 10,2013 The proposed scope of work includes services f'or developing one set of construction doGunlents, one laid Blase,and a construction please with a single construction contract. BASIGSERVICES INVESTIGATION-&DESIGN PHASE Investigation 8t.Design Phase Services will include the following: INVESTIGATION I Kickoff Meeting. A.representative project engineer of the Architect/ Engineer (A/6) will attend.a kickoff ioceting to review the scope-of-work and confer with City Staff regarding the design parameters of the.Project. 2. Situ Visits: The All: will make.visits to the site; and.will identify results of site field investigation including findings, existing conditions, damage assessments; and will take photographs of the repair locations, ' 3. Data Gathering. The A/E will meet with City staff to gather data including project history and background; and will prepare a hydrologic and hydraulic analysis of ageage and-components that are contributing to the erosion issues from FM 70 to the undermined utility pipelines, Tile City will provide available records, archives, and pertinent data related to the Project and will assist with contacting impacted and coordinating with utilities at the repair locations, 4. f USACE Permit/ Environmental / Archeological Issues Research. •I'lie City will advise the A/E whether any USAGE permit preparation,environmental site evaluations and/or archeology reports are rdgttir a foe• the Project. (U'SACC Perniit Prep4rati6n, Environmental Site Evaluations and/or Archeological Services are not included in this scope-of=work and would be considered as an Additional Service to be negotiated separately). 5. Memo Report. The A/E will submit one (1) copy in "WORD" format and one (1) paper copy of a Memo Report that will include a summary of findings, a list of potential problems, possible conflicts, rce oltlllleiiCled l'epairs,clesign intent and a preliminary opinion of probable construction costs, -DESIGN 1. Plaits. Tile A/E will prepare..a single set of construction plans for the repairs to the outfall channel. The uepair plans will including(lie following sheets: 1), Cover Sheet,Pr jest Location Map,and Select Index 2) Project Construction Motes, Summary-of Quantities 3) Legend, Symbols,alld Abbreviations 4) "Overall Site Plan 5) Slope Paving Subgrade Repair Plan,Section and Details .6yi Lrosion Repair flans at Undermined Utility Pipelines,Sections and Details AMP. NO. 1 EXHIBIT"A-1" Page 7 of 4 P79532 Exhibit"A"—Scope of Work May 10,2013 7) Erosion Repair Plans along west bank of Channel froin FM 70 to the underminne(i pipeline location. 4) Stormwater Pollution Prevention Plan(SWPPI') 9) SWPPP Details 2. Specifications., The AIL will prepat•e specifications including: 1) Contract agreement forms, general conditions and supplemental conditions, invitation to bid, insui•ance�,and bond requirements 2) Notice to Bidders/'Contractors 3) Part A=Special Provisions 4). Phrt.S-Standard Specifications 5) Part T-Technical Specifications 6) Proposal Form 7) Opinion of Probable Coustructioln Cost The City staff will provide the City's standard specifications; standard detail shects, standard and special provisions,and forms for required contract docuihents. In addition,the City staff will provide' the budget for the Project specifying the funds available for tine eonsti1uction contract. 3. Meetings. The ME will participate in two formal meetings.with City staff to review the progress of the work. The City will provide the agenda and purpose for each formal meeting;and will document and distribute meeting;minutes after each meeting. 4. QA/QC-Reviews. The A/E will provide Quality Assurance/Quality Control (QA/QC).measures to supervise that the submittal of the final plans and specifications do not necessitate an excessive -.amount of revision and correction by City staff. BI11)PHASE For one bid phase the A/E will provide the following services: I.. Reproduction. Upon approval by the.Director of Enginecring Services, the A/E wilt provide one'set' (hatd; copy and electronic) of final plans and specifications / contract documents suitable for reproduction by the City. 2. .Bidder Questions. The A/E will review pre-bid .questions and submissions concerning the bid documonts. 3. Pre-Biel Conference, "fhe A/E will participate in one pre-bid conference. 4. Addenda. The A/E will prepare, in the City's format, for the Engineering Services' approval,•any addenda of other revisions necessary to infortm�contractors of approved changes jx'ior to, bidding. 5. Review Bids and Develol)Recommendation for Award. The All:,will assist(lie City in solicitation of bids by identification of prospective bidders, and review of bidsbysolicited interests.' tin addition, the A/E will attend the bid opening, analyze and evaluate bids, prepare a bid tabulation, atul snake a recommendation concerning the award of the contract. The A/E will assist the.City in preparing PowerPoint slides summarizing the bid evaluation restilts. AMD. NO: 1 Page 2 of EXHIBIT"A-1" Page 2 of 4 P79532 .Exhibit"A"--Scope of Work May 10,2013 The City-staff will: 1 Arrange and pay for printing,of all documents and addenda to be distributed to prospective bidders. 2. Advertise the Project for. bidding, maintain the list of prospective, bidders, receive and process deposits for bid doetnnents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduot bid opening. 3. Receive the.Engineer's recomincndatioll'collcerning bid evaluation and recommendation and prepare agenda-materials for the City C6uncil concerning bid awards. 4. Prepare,review and provide copies of the contract for execution between the City and the contractor. CONSTRUCTION PIASE Engineering Services During Construction The fee proposal for this task assumes 2013 rates and a 12-week construction period.. Should the City desire additional Engineering Services During.Construction beyond this time period, this scope of wprlcgiid associated fee can be amended at a later(late. The All;will perform Engineering Services During Construction as follows: I. Pre-Construction Conference. The All:,will participate in one Pre-construction conference. 2. Scour Limits Verification. Upon removal of a representative portion of the tlorth facing concrete slope pavement at the Petronilla Creek Outftil sh1icttlre by the Contractor, the A/E will investigate, measure and document tile limits of subgrade material scour observed; and will compare that observed to the estimated volllllle of scour as set forth in the plans. This will allow-for all adjustlllellt to ,quantities (if necessary) to better"define and quantify the contrac'tol•'s scope-of-work during COnSULICtioll. 3. Slop Drawing / Snbinittal Reviews. The A'/E will review for conformance with contract documents, shop drawings and other contract required submittals, 4. Clarifications / RFIs. 'file All: will provide interpretations and clarifications of•the contract documents in response for Contractor Requests for Information (RFJs) and authorize minor changes, which do,not affect the Contractor's price and are not coptrary to the general interesCof the City Llllder the contract. S.. Change Orders. The All:will prepare change orders for issuance by the City. G: . Montlily Meetings. The A/E will attend monthly construction_ progress meetings during the course of the construction work. 7. Review Pay Applications. The A/L will review monthly contractor pay applications and make recommendations to the City regarding the accuracy of said pay applications. 8. . Final Inspection. The A/L:will participate in the final inspection with City staff. 9. Prepare Record Drawings.. ]'lie All✓ will review Contractor-prepared co11sti-u4OtioEl '"I'c(l-line" drawings,prepare record•drawings of the 131•01ect as carlstructed (from tilt"red-line"drawings and the Contractor-provi(led plans reflecting constructed facilities) and deliver to the Engineering Services a reproducible set and electronic file(AutoCAD r,14 or later)ofthe record drawings. All drawings will AMD. NO. 1 Page 3 of 4 EXHIBIT"A-i Page 3 of 4 P79532 Exhibit"A"-Scope of Work May 14,2013 be CADD drawn using.Dw'g format in AntoCAD, and graphics data will be in dxl'1'armat With each layer being provided In a separate tile. Attfibute data will be provide([ in ASCII format in tabular form. Tile City staff will: L. Designate an individual to have responsibility, authority, and control for coordinating activities for the constriction contract awarded. 2. Prepare applicationslestimates for payments to Contractor. 3. Conduct the Final Inspection. +Construction Observation Construction Observation services are not iocluded in this scope-of-work. Should the City elect to include Construction'Observation services at a later.date,s41eh services would be considered as Additional Services to be negotiated separately. ADDITIONAL SERVICES MATERIALS TESTING. 1. Sub-Consultant—Materials Testing. If authorized by the City its an additional service, the A/E will enlist the services of a sub-consultant far' materials testing during the investigation phase of the project. AMD..N0. 1 Page 4 of`4 EXHIBIT°A-1" Pa6e4of4 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 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, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION 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. EXHIBIT"B" Page 1 of 3 JAEngineering 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 J!Engineenng FormslLARGE At EXHIBIT B.DOCX 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 shalt 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 JAEngineering Forms1LARGE AE EXHIBIT B.DODX \° \o \ \° \o N o 0 0 0 0 0 0 0 0 0 0 0 0 C d ti O Lo 0 0 0 0 0 0 LO O co E ai o a! 00 °o 0 cc o O0 0 0 00 000 0 0 o > T 6N3 � C z ID C) (D o 0 o 61)- m m (a o ° ° o O .v o Ln LO 0 � 612) 69- i C a - 0 0 000 ° 0 O O O O ❑ ❑ a 0 O `o 0 .v o co co � E > T aE 1� 00 0 W 0 r 0 0 �- Ci � ❑ Q to r 1C� (O LU ++ r r w O 6po r OM 0 M O 00 CD U r 00 r r C O N m m V) r M Qi Un S? f O d7 a tr ~ ~ C 0 0) � � F G 4 N r � N M� t M � O V W r N O W O O N 0 0 0 0 CD Oq D 0 0 0 c 0 CD O 0 CL Z Z 0 z ~~ w U . t•- 0 � .o a > g � Q S ¢ F (L — r o 0 0 o 0 0 0 0 0 0 c) ❑ o 0 0 o 2 m m 0 z° ~ ~ ic E r+ I- 00 O (D O O O r O d ❑ ❑ in T Ln CO 0 T Y (D O 6c.� T 0) O m mCF) o W m 0 4fl Efl 64 �} 63 V N N � O N LL N (n V1 N u 11) CD U- N v 0 N N c N 'a 0 ci U d c ¢ U) O 0 c 0 m O m .0 N N °� V = = m -0 O m a ❑ mc� Ucn Qa- � � a Ocncn (1) in AMI]. NO. 1 EXHIBIT"C" Pa e 9 of 1 SUPPLIER NUMBER •r()Illi ASSIGNT;D t35''C'iT5`"- - PURCfiASIN(,DIVISION core DISCLOSURE OF INTEREST Cllr)us i INTEREST Christi City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking tq do business with the City to provide the i'ollowhlg information, f;veiy question must be answered,If the question is not applicable, answer with "NA". See reverse side Cor filing Requircnlc ills, Certifications and definitions. CONWANY NAME: 1.1D11 Engineering, Inc. 11.0.BOX: STREET'ADDRESS: 555 N, Carancalma,mite 1650 CITY: Corpus Christi Z111: 78478 FIRM Is: 1. Corporation X 2. Pal•Inership 3, Sole Owner ❑ 4. Association ❑ 5. Ctllcr DISCLOSURE QUESTIONS If a(lditional space is ncecssat?�, please use the reverse side of this page or attach separate sheet, 1. State the dames of each `employee" of` the City of Corpus Christi levier; an "ownertihip interest"constltllting 1% or more of (lle ownership itl the above Rained"firm.' Nance Job Title and City Department(if known) NIA 2. State the names of each "official" of the Glt '01 COrl)US ChriSll Ila1'illg M) `•ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title NIA 3. Slate the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3% or more ol'the ownership in the above narlle(l "firm." Nance Board, Commission or Committee NIA 4. State the names of cash employee or officer of a "consultant" for (lie Cily of Corpus Christi who worked on any matter related to the stit)jcct of this contract and has an -ownership interest"constituting 3% or more of the ownership in the above named "firm." Name Consultalit NIA FILING REQUIREMENTS If a Gerson who requests official action on a matter klloNvs that the requested action will confer Ills economic benefit on any City official or employee that is distinguishable from the effect that the action will have oil Members of the public in general or a substantial segment thereof, '011 Shall disclose that fact In it sighed writin to llle City Official, employee Or body that 1<ts 1)QQI1 requested to act in tilt; Matter, lmless the interest of the City official or en1lllov6 in the matte.l. is af�parent. The disclosure shall also be matte in it signed writing filed with tilt City Sceretllry. [I;tlucs Ordinance Section 2-349(d)] CERTIFICATION I certify that all infiormation provided is trite and correct as of file elate of this statement, t11411 have not knowingly withheld disclosure of any information r.equesla:cl; told that slipplelllell1al statements will be promptly submilted to[he City oi'Corpus Christi. 1 exas as changes occur, Certifying Person: Cm-1 E. Crull,P. E. Title: Vice President [type or PrInQ - Signature of Certifying Date: Person: --z DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by 1111 City Cotinoil of the City of Corpus Christi,'Texas. b. "Economic benefit". An action that is likely to affect i111 economic interest if it is likely to have all effect on that interest that is distinguishable From Its effect oil Illernber:s of the public in general or a substantial segment thereof. e. "Employee." Any person employed by the City of Corpus Christi, Texas either on a 6111 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 sere ice, including but not limited to, entities operated in the form of sole proprietorship, as sell'-cmployccl person, partnership, corporation,.joint stock compa ray,joint Venture, receivership or trust, and entities which 1101.purposes of taxation are treated as Holt-prolit 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 II&J, in a firm, including when such interest is held through un agent, trust, estate, or Raiding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Ali), person or firlll, such its ellgilleer•s alul architects, hired by file Citl' (If' Corpus Christi for the purpose of professional constillat ion and recommendation. Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add Project No. E11050 Cefe Valenzuela Outfall Modifications; transferring funds from Fund No. 3365 Reserve Appropriation in the amount of $100,000 to Project No. E11050 Cefe Valenzuela Outfall Modifications and authorizing the City Manger or designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $69,800, for a total restated fee not to exceed $116,200 for the Project No. E11050 Cefe Valenzuela Outfall Modifications. 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 E11050 Cefe Valenzuela Outfall Modifications. SECTION 2. Budgeted funds in the amount of $100,000 are transferred from Fund No. 3365 Reserve Appropriation to the Cefe Valenzuela Outfall Modification Project. SECTION 3. The City Manager or designee is authorized to execute Amendment No. 1 to the Contract for Professional Services for the Cefe Valenzuela Outfall Modification project in the amount of $69,800 with HDR Engineering, Inc. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 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 Nelda Martinez City Secretary Mayor \Mproject\counci#exhibits\exhE1 1050.dwg „�: r�/fir/f 'r �✓��/ o. � „� t,' r //�✓r„ rf� ?': {....r f / r✓ l�,i rr�:,; rr/ f / ✓ f r rr i { Ij�r i /l r � �//� /3fr r':, rr l/. � s �r✓'i r�� � f r„, fvr Rf T✓ ;t /i ///�r / I.1 � ,a4., r„, ., �_;�* if T r r,tf i ij� .✓�`l r �i/�.;P r Vii' / /✓ ✓✓ , 4A {i�' ✓c' ////i ice” ✓ i f u.;, r� � � +�,,:><,. ;5,�., ii"�_� ✓ir/ / r j j�.r r rr( // ,T3�}%/ �3 / „�j /� ...a „z, ',:.,-�;-,,. 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Z ,,,.....,.r l../,,�r"' r� ✓r t / // i/%� r r/.�/ , // F�.�f �; r ',i/i%�r'v��'�c��s/r/✓fir % � /� r' r%/i sr / � rr ifs r srr lrrr,r'fl fi /��tf. SITE LOCATION NOT TO S �✓ rt rilir, :r // {�/ PROJECT# E11050 CITY COUNCIL EXHIBIT CEFE VALENZUELA MODIFICATIONS & CITY OF CORPUS CHRISTI, TEXAS ON CALL CONSULTING SERVICES DEPARTMENT OF ENGINEERING SERVICES r PAGE: 1 of 1 se AGENDA MEMORANDUM FU8kS4 First Reading for the City Council Meeting of July 23, 2013 1851 Second Reading for the City Council Meeting of July 30, 2013 DATE: July 8, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, Director, Planning and Environmental Services PeteAn@ctexas.com 361-826-3781 Texas Commission on Environmental Quality Grant for Air Quality Planning CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of$442,300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. PURPOSE: The City of Corpus Christi has served as the administrator for state funded air quality grants since the mid-1990's. The current TCEQ grant No. 582-1 1-1 1 223 will expire August 31, 2013. The attached TCEQ agreement No. 582-14-40055 describes the contractual requirements and provisions associated with air quality planning activities as well as administration of the grant and provides funding for the FY1 4/15. BACKGROUND AND FINDINGS: Since the mid-1990's the City of Corpus Christi has received grant funds with no City match from the Texas Commission on Environmental Quality(TCEQ) to administer the grant and oversee activities associated with air quality planning, monitoring and modeling. The TCEQ has made an additional $442,300.00 available to the City. The City's Rider 8 Air Quality Planning grant provides for the city to sub-contract near non-attainment assessment and planning with Texas A&M Corpus Christi and the University of North Texas. The grant agreement must be executed by the City and TCEQ prior to September 1, 2013 in order to ensure the funds are obligated and to accept the additional funding. The work plans and budget for the grant will be discussed in a future amendment that will be administratively approved by the City Manager or his designee. ALTERNATIVES: 1. Approval of the Resolution and Ordinance as recommended. 2. Decline to accept the grant offer. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The contract and selection process complies with City Policy. EMERGENCY! NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES:. Engineering Services FINANCIAL IMPACT: Ei Operating o Revenue u Capital ❑ Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only Current Year Future Years TOTALS Line Item Budget 442,300.00 442,300,00 Encumbered I Expended Amount This item 0 0 BALANCE 01 0 442,300.00 442,300.00 Fund(s): No. 1071 Community Enrichment Fund Comments: (insert any brief comments that may be necessary to explain chart) Funds not sub-contract will be utilized to defray the cost of grant administration RECOMMENDATION: Approval of the resolution and ordinance as presented. LIST OF SUPPORTING DOCUMENTS: TCEQ Contract No. 582-14-40055 Ordinance Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Texas Commission on Environmental Quality Cooperative Reimbursement Grant for State Agencies and Local Governments CONTRACT SIGNATURE PAGE, Contract Name: City of Corpus Christi Contract Number: 582-14-40055 Performing Party: City of Corpus Christi Pei-forming Party Identification Number: 174600057411 Maximum Authorized Reimbursement: $442,300 Effective Date: "EJ September 1,2013 M Date of last signature Expiration Date: M August 31,2015 0 Last day of Fiscal Year in which the Contract was signed 0 If checked,this Contract requires matching funds. Match Requirement: 0 If checked,this Contract is funded with federal funds. CFDA Number: Federal Grant Number: This Contract is entered under: E]Gov't Code ch.7710 Gov't Code ch.791 Z Water Code§5,124 The Texas Commission on Environmental Quality(TCEQ),an agency of the State of Texas,and the named Performing Party,a state agency or local government of the State of Texas,enter this Grant Agreement (Contract)to cooperatively conduct authorized governmental functions and activities under the laws of the State of Texas. The parties agree as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ and the Performing Party;(b)this Contract consists of all documents specified in the list of Contract Documents following this page;and(c)as authorized by TCEQ,Performing Party will conduct Grant Activities as part of its own authorized governmental functions and TCEQ will reimburse allowable Costs subject to the Texas Uniform Grant Management Standards(UGMS)and this Contract. Texas Commission on Environmental Quality(TCEQ) (Performing Party/Grantee) By: By: Authorized Signature Authorized Signature Steve Hagle,P.E. Ronald Olsen Printed Name Printed Name Deputy Director City Manager Title Title Date Date Procurements&Contracts Representative LaTresa Stroud,CTPM,CTCM Printed Name with Certification Date Page 1 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 CONTRACT DOCUMENTS LIST Cooperative Reimbursement Grant for State Agencies and Local Governments This Contract between TCEQ and Performing Party consists of the Contract Documents listed on this page and marked by an"X." Documents on this list include all amendments. In the event of a conflict of terms,the Contract Documents as amended control in the descending order of the list,subject to provisions in the Special Terms and Conditions,if any. All Contract provisions,however,are subject to control by the latest amendment and most specific provision and by the applicable state and federal laws,rules and regulations.All documents that are included in the list below,but are not attached to this Contract,are incorporated by reference. Z Contract Signature Page Contract Documents List(this page) Special Terms and Conditions Federal Section(Including Federal Conditions and Completed Forms) Z Scope of Work Z Procedures for Proposals for Grant Activities(PGAs) Z General Terms and Conditions Z Proposals for Grant Activities(PGAs)created during the Contract,includes Budget Revision Requests approved by TCEQ. Cost Budget Form ® Notices,Project Representatives and Records Locations Attachment A:TCEQ Financial Status Report(Form 269a/TCEQ Form 20248)and Supplemental Financial Status Report forms(Supplemental Form 26ga/'TCEQ Form 20248-1 through 20248-4).FSR Forms may be updated by TCEQ during the Contract term; Attachment B: Release of Claims Form(form and completed farms provided under the Contract); Z Attachment C: Budget Revision Request Form Attachment D:Progress Report Template(template and completed reports provided under the Contract) Z Attachment E:father documents that are delivered or issued,in accordance with the Contract,after the effective date of the Contract. Page 2 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14.40055 SPECIAL TERMS AND CONDITIONS 1. These Special Terms and Conditions add to,or in the ease of conflicts,supersede and take precedence over the General Terms and Conditions and other provisions set forth in this Grant Agreement. 2. Use of Funds.The Performing Party shall maximize use of Air Quality Planning funds for technical purposes,such as data collection and analysis,field study activities,and research.The Performing Party shall minimize use of the funds for creation of supplementary outreach materials. 3. Specific Costs 3.1 The TCEQ will not reimburse the Performing Party for expenses related to the use of a cell phone or digital pager,except for a maximum of$40.00 per month cell phone allowance for the Performing Party's named project representatives. TCEQ may reimburse the Performing Party for expenses related to the use of cell phones for the transmission of ambient monitoring data. 3.2 Maximum Reimbursements for Travel.In addition to other provisions regarding travel,the following conditions apply: 3.2.1. The TCEQ encourages the Performing Party to participate in the Texas Comptroller of Public Account's State Travel Management Program(STMP)found at: http.,//www.window.state.tx.us/procurement/prog/strop/.The TCEQ also encourages the Performing Party to consult with the TCEQ with any questions on the eligibility of travel expenses. 3.2.2. The Performing Party must use the method of travel that will result in the lowest overall costs,including consideration of salary and wages for time spent traveling.The Performing Party must book travel reasonably in advance of the date of the travel in order to obtain the lowest possible price. 3.2.3. The TCEQ will not reimburse for travel claims that are not consistent with Textravel web located on the Texas Comptroller's website: fittps://fmx.epa.state.tx.us/finx/travel/textravel/index.php. 3.2.4. For in-state travel,the TCEQ will reimburse the Performing Party for the actual cost of lodging and meals at a daily rate not exceeding the current rate posted on the Texas Comptroller's website: https://fmx.cpa.state.tx.us/fm/travel/travelrates.php. Additional taxes and fees are eligible for reimbursement. 3.2.5. For out-of--state travel,the TCEQ will reimburse the Performing Party for the actual cost of lodging and meals at a daily rate not exceeding the current rates posted on the Texas Comptroller's website: https://fmx.epa.state.tx.us/fm/travel/out_ofr state/index.php. Additional taxes and fees are eligible for reimbursement. 3.2.6. For rental automobiles,the TCEQ will reimburse the Performing Party at the actual daily rate no greater than the applicable STMP contract rate. 3.2.7. For air fare,the TCEQ will reimburse the Performing Party at actual cost up to the applicable STMP contract rate. 3.2.8. Mileage for personal automobiles will be reimbursed at the rate for state employees at the mileage indicated on a mapping Web site from the Performing Party's business location to the destination location. 4. Advance Payments 4.1 The TCEQ may provide funds in advance of the Performing Party incurring anticipated costs of Grant Activities. Each Proposal for Grant Activities(PGA)will indicate whether TCEQ will make an advance payment(s)and how much the advance payment(s)will be. Advance payments to Performing Party are solely to be used for reimbursement of Performing Party's allowable costs of performance under the PGA. Performing Party must submit advance payment documentation quarterly,fallowing the requirements for reimbursement requests(invoices).If a PGA is being funded with advance funds and by reimbursement,a request for reimbursement(invoice)must be on a separate FSR form than the advance payment information and the required documentation must be attached to the applicable FSR.The documentation mast show the amount the Performing Party has drawn from the advance and the balance remaining in the advance.Advance Payments are Page 3 of 32 Contract Name: City of Corpus Christi rCsQ Contract Number: 582-14-4o05o conditioned on the approval of the FSR. If the FSR does not demonstrate Performing Party has complied with the Contract requirements,the TCEQ may withhold approval or reject the FSR. 4.2 TCEQ may include additional requirements or restrictions on the advance payment in the PGA. 4.3 By paying advance the TCEQ does not waive requirements for b reimbursement of costs. The TCEQ may at any time,before or after any advance payment,request additional evidence concerning costs. The TCEQ may audit the records of the Performing Party and may also audit the Performing Party's performance as to any Grant Activity and any other Contract requirement.After an advance payment under a PGA is depleted,TCHQ may choose to amend the PGA to allow additional advance payment(s)to Performing Party. If no additional advance is authorized,all additional payments will be made on a reimbursement basis,as described in the Contract 4.4 The Performing Party has the duty 1n immediately return advanced funds to10E(}that have not been spent io accordance with this Grant Agreement hy August 3z,uo/5, Page 4w/1x Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 SCOPE OF WORK 1. Introduction. This Scope of Work is a general description of Performing Party air quality planning activities that may be agreed to in Proposals for Grant.Activities(PGAs)under this Grant Agreement in accordance with Rider 8, Commission on Environmental Quality,Article VI of the General Appropriations Act of the 83rd legislature. TCEQ and the Performing Party will agree to activities by signing a PGA(s)to include the Performing Party's Work Plan for specific Grant Activities. In no event shall activities be performed without an accepted PGA signed by both the Grantee and the TCEQ and a Notice to Commence(NTC)signed by TCEQ.The PGA and NTC maybe combined. 2. Description of Activities 2.1 The Grant Activities funded with the Rider 8 funding may include identifying,inventorying,and monitoring of pollution levels;modeling pollution levels;and the identification,quantification,and implementation of appropriate pollution reduction controls. The TCEQ shall allocate the Rider 8 funding to those activities that are most beneficial to the State Implementation Plan.The Performing Party shall expend.Rider 8 funding solely on activities related to reducing ozone and its precursors,which are primarily nitrogen oxides(NOx)and volatile organic compounds(VOCs). 2.2 The Grant Activities funded with Rider 8 funding may include community outreach activities designed to change behaviors to those that could reduce emissions of ozone precursors. Community outreach activities must have a quantifiable component such that the Grantee can measure the effectiveness of the program and communicate this information to the TCEQ. 2.3 The Performing Party must obtain written approval from the TCEQ prior to using these funds to model or prepare emissions inventories based in whole or part on existing control strategies with compliance and/or control effectiveness rates that differ from those currently used by the TCEQ. This provision applies to all emissions inventory development and photochemical modeling of base case,baseline,and future modeling scenarios. 2.4 In order to maintain consistency with the State Implementation Plan,the Performing Party and its sub-grantees and subcontractors shall use mobile source emissions factors and existing program assumptions approved by TCEQ when working with mobile sources emissions inventories(for any purpose)or existing mobile source control strategy programs. These assumptions include compliance and/or control effectiveness parameters. 3. Specifications and Standards for Performance 3.1 Timeliness.The Performing Party shall take all available measures to ensure that deliverables are submitted to the TCEQ on or before their due dates. ]Failure by the Performing Party to meet deliverable due dates may result in the use of any or all remedies described in the Grant. 3.2 Completeness:The Performing Party shall ensure that all deliverables are complete with regard to the scope and purpose of their associated tasks. Failure by the Performing Party to deliver complete deliverables may result in the use of any or all remedies described in the Grant. 4. Conference Calls and Meetings If determined by the TCEQ to be necessary,the Performing Party will hold conference calls with the TCEQ regarding its air quality planning activities. The TCEQ is responsible for the scheduling and the hosting of each conference call. One week before the scheduled conference call the TCEQ will submit an agenda. The Performing Party shall have any technical documents,budget documents,and any other related documents for use during the call,as necessary to address the agenda submitted by the TCEQ. S. Deliverables The TCEQ's Grant Manager may grant an extension of a deliverable due date in a PGA without amending the PGA/NTC. The Performing Party must request an extension of a deliverable due date,via email,no later than iS working days prior to the conclusion of the deliverable due date. The TCEQ Grant Manager will confirm acceptance or denial of the extension via email within ro working days. Draft deliverables may be submitted in electronic format by electronic mail,ftp,hard drive,or on CD or DVD by mail. Provided that the electronic data file sizes are not excessively large,they shall be delivered to the TCEQ either by e-mail or file transfer protocol(FTP). If the electronic file sizes are excessively large,CD-ROM,DVD- Page 5 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40455 ROM,or external hard drive media shall be used for the submission. For instances where the total size of the electronic data is large enough to require multiple CD-ROM discs,the Performing Party shall use either DVD- ROM discs or a single external hard drive. If the Performing Party chooses the latter approach,the TCEQ will return the hard drive after the large electronic data files have been obtained. The Performing Party agrees to submit final deliverables as described above for draft deliverables and shall submit final deliverables within 10 working days of receiving comments from the TCEQ. If provided by electronic mail,the PGA number,fiscal year,task number,and the Amendment number,if applicable,shall be included in the subject line of the email. The deliverable report or document shall clearly identify on its cover page in the tap right hand corner the PGA number and the specific task or subtask number for which it was created and the Amendment number if applicable. Example follows:. FYY14-16 PGA FY14-1 Task 1.1 Amendment#5 6. Quality Assurance Program and Procedures The TCEQ Program Coordinator may waive the QAPP.A Quality Assurance Project Plan(QAPP)addresses the quality assurance process the Performing Party will undertake to ensure the adherence of data or other products to established criteria. 'Unless the QAPP is waived by the TCEQ,the Performing Patty shall submit a QAPP prior to TCEQ signing the PGA. The QAPP shall address each task in the PGA in accordance with criteria,being neither arbitrary nor capricious,set by the TCEQ.TCEQ signature on the PGA will indicate acceptance of the QAPP. The Performing Party is responsible for the QAPP and its implementation. 7. Reporting. Quarterly performance reports shall be submitted with the Performing Party's invoices. 8. Additional Information TCEQ representatives may attend the Performing Party's Air Quality Committee meetings or related meetings to provide technical guidance and/or to ensure compliance with the requirements of the Grant Agreement. Page 6 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 PROCEDURES FOR PROPOSALS FOR GRANTAC'I'MTIES (PGAs) r. Purpose TCEQ intends to provide funds under this Grant Agreement to reimburse Performing Party for agreed Grant Activities. However,there is no guaranteed minimum level of funding for the Grant Agreement. All reimbursed Grant Activities must be agreed upon between TCEQ and Performing Party according to the procedures specified here. All Grant Activities must be within the Scope of Work described in this Grant Agreement, -. Proposals for Grant Activities(PGAs) At any time during the Grant Agreement,the TCEQ and Performing Party may agree to Grant Activities to be performed by the Performing Party by signing a PGA. Each PGA shall include;. The Contract Number and title of this Grant Agreement; • The PCR Number and PGA title; • A maximum dollar amount for reimbursement of the Grant Activities described in the PGA; • Instructions to the Performing Party relating to the preparation of a QAPP; • Tasks and deliverables for the Grant Activities described in the PGA; • Start and end dates for the tasks and deliverables; • Schedule of deliverables for the Grant Activities described in the PGA; • Cast Budget:The PGA shall include a completed Cost Budget. The PGA shall include sufficient detail about possible travel outside of Texas to enable TCEQ to determine whether anticipated meetings or conferences are necessary and reasonable to the Grant Activities.The Performing Party shall submit a market price analysis(comparison to other contractor's prices)for activities included in the Contractual category in the Cost Budget; • The names of the TCEQ Project Representatives and the names of any other TCEQ staff contacts for the Grant Activities described in the PGA; • The names of the Performing Party's Project Representatives and other Performing Parry contacts for the Grant Activities described in the PGA; • Key personnel of Performing Party: the names of individuals who will be performing essential tasks, their roles in performing the Grant Activities,and whether they are employees of Performing Party, independent contractors,or employees of subcontractors; • Signature: TCEQ and Performing Party shall have the PGA signed and dated by a person with the authority to bind TCEQ and Performing Party to the performance of the PGA;and • Notice to Commence:The latest signature date of the parties on the PGA will be the date that the Performing Party may commence performing the Grant Activities included in the PGA,unless a different date is indicated in the PGA.Except as specifically authorized otherwise in the PGA,TCEQ will not fund Grant Activities performed by Performing Party prior to the commencement date indicated in the PGA.The PGA may include a limited notice to commence authorizing reimbursable expenditures for only a portion of the PGA. The PGA may also include matters such as: • additional identifying numbers for the PGA; • format of copies; • interim or progress report requirements; • Performing Party availability for questions; • anything to be provided by TCEQ,such as data,models,reports,equipment,or access; • required models or software to be used by Performing Party; • standards to be adhered to by Performing Party relating to data,GIS,modeling,database projects, or other matters; Page 7 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-1440055 • testing procedures or acceptance criteria;and • special requirements for the Grant Activities in the PGA. 3. QAPP 3.1 Performing Party shall submit a QAPP(if applicable)by the date specified in the PGA. The QAPP must meet all requirements specified in the Grant Agreement and in the PGA. 3.2 If the Grant Agreement is funded with federal funds,the QAPP must also meet all requirements specified in the federal grant providing the funds. 4. Changes to PGAs 4.1 General Process 4-1.1. Amendment Schedule for PGAs.It is the responsibility of the Grantee to request PGA amendments to change deliverables,extend deliverable dates,or make other adjustments. TCEQ may issue a proposed PGA amendment at any time during the term of a PGA. Performing Party requests for amendments to PGAs shall be submitted to the TCEQ no more than quarterly. Performing Party may submit a request for amendment to a PGA quarterly starting on the last day of the first quarter,except that for the last quarter,a request for amendment must be submitted by June 30,2015. Quarters are defined below. Pefforming Party's request to amend a PGA must describe all proposed changes to the PGA in detail. Quarters September—NovembCF,2013 December 1—F ebruary 28,2014 March i—May 30,201 June 1—August 29,2014 September 1—November 28,2014 December 1—February 27,201 March 1—May 2q,201 June 1—June 30,2015(limited period due to biennial closeout) 4.1.2. Within fourteen(14)calendar days of receipt of a proposed PGA amendment from the other party,the receiving party shall submit its changes to the PGA amendment or the signed PGA amendment to the other party's Representatives. TCEQ may specify a different deadline than the fourteen(14)day deadline when it provides the PGA amendment to the Performing Party. The receiving party must respond within seven(7)calendar days after receiving changes.The parties will work to reach an agreement on the amendment and if no agreement can be reached,TCEQ,at its option,may cancel the PGA in writing without further notice. 4.1-3. Any PGA amendment shall be signed by both parties and shall include a revised complete or limited notice to commence with the Grant Activities in the amended PGA.Except as specifically authorized otherwise in the amended PGA,TCEQ will not fund Grant Activities affected by the amendment if they are performed by Performing Party prior to the effective date of the revised notice to commence. 4.2 Required Changes to PGAs due to National Ambient Air Quality Standards Designation.If one or more counties within the Performing Party's program area are designated by the U.S. Environmental Protection Agency as being in violation of one or more National Ambient Air Quality Standards with an effective date occurring during the term of this Agreement: 4.2.1. the TCEQ may require the Performing Party to revise language for the PGA; 4.2.2. the TCEQ may specify which photochemical or meteorological modeling or emissions inventory development tasks are allowable under this Agreement; 4.2-3. the TCEQ may specify delivery dates for photochemical or meteorological modeling or emissions inventory development tasks;and 4.2-4. the Performing Party will mark and treat all photochemical or meteorological modeling or emissions inventory development work product as"DRAFT`/DELIBERATIVE"until the Page 8 of 32 ' Contract Name: City of Corpus Christ! rCEQ Contract Number: a82-144O05a TCEQ agrees that those work products are of sufficient quality to be final versions. Work products marked"DRAITT/DELIBERATWE"shall be released to third parties only with the prior permission of the TCEQ Program Coordinator,or under the terms of the Texas Public Information Act,Government Code,Chapter 552. Documents marked"Draft/Deliberative" may be shared with agents,employees,and subcontractors of the Performing Party;those assisting the Performing Party or its subcontractors;and those assisting the Pei forming Party in collecting the information. 6. Cancellation ofPGA Either cancel a PGA with ten( n)days written notice. Cancellations may be for cause,for convenience,or for force majeure. No cancellation shall prejudice any other right or remedy of TCEQ in the event of breach. Upon cancellation,Performing Party may request reimbursement for: conforming Grant Activities,and timely,reasonable expenses directly attributable to cancellation. TCEQ may set off Contract damages,if any,prior to making payment. Performing Party shall not be paid for: activities not pet formed,loss of anticipated profits or revenue,consequential damages,or other economic loss arising out of or resulting from the cancellation. 6. ?CE(}Reliance oo Budget and Due Dates Included iuPGA 61. Reliance ooBudget Performing Party acknowledges that TCEQ budgets for and encumbers funds r amount contained in each PGA,and therefore,materially relies on the Performing Party adhering to the budget included in the PGA. Partially completed Grant Activities may be of little or no benefit to TCEQ. Therefore,in the event Performing Party is unable to complete Grant Activities within the cost amounts included in the PGA, Performing Party agrees to use its best efforts to complete such Grant Activities using alternative funding. 0.2 Reliance ou Due Dates Performing acknowledges that CE depend on the completion of funded Grant Activities in prepare work product of its own which maybe subject to statutoryor other deadlines. In addition,funding for Grant Activities may be limited to Grant Activities pet formed within a certain time period. Therefore, milestones and deliverable due dates specified within a PGA are of the essence of the agreement. Without prejudice to any other right or remedy TCEQ may have in the event of delay, Performing Party agrees that it will immediately inform TCEQ if and as soon as it appears that a deliverable due date or PGA completion date may be exceeded. 7. Key Personnel 7.1 Performing are key to the performance of Grant Activities. Whenever circumstances permit,Performing Party shall give at least 14 days'notice prior to making any substitutions in key personnel;if unable to give 14 days'notice,Performing Party shall give as much notice as possible. Performing Patty shall submit information describing changes in key personnel,including the names of substitute individuals,their roles in pet forming the Grant Activities,and whether they are employees of Performing Party,independent contractors,or employees of subcontractors. 7.2 Performing Party shall not make any substitutions iu key personnel prior tu7CDO'swritten approval of th hxtiCoby key personnel,unless failure|o proceed with the substitution immediately will jeopardize the successful performance uf the Grant Activities. 7.3 Substitutes shall meet any minimum qualifications specified ia the PGA for the Grant Activities they will bo performing,and where possible shall have qualifications comparable tmorbetter than the qualifications of the individuals they are replacing. 7.4 In performing Grant Activities under a PGA,Performing Party shall not use or shall cease using the services of any person(including organizations)against whom the TCEQ has a reasonable objection. TC0]muat present all such objections bzwriting. Page 8o«3c Contract Name: City of Corpus Christi TCEO Contract Number: o82-144o05s GENERAL TERMS AND CONDITIONS for Cooperative Reimbursement Grant for State Agencies and Local Governments z. Contract Period 1.1 Contract Period. The Contract beings on the Effective Date and ends oo the Expiration Dmtmma provided mo the Contract Signature Page.D no Effective Date i provided,the Effective Date of the Contract im the date vt last signature. If no Expiration Date is provided,the Expiration Date iy August 3xof the same Fiscal Year io which the Contract iwsigned. 1.2 Amendments.This Contract io not subject tu competitive selection requirements and may bc amended and renewed by mutual agreement. Except no specifically the Contract,all changes to the Contract require u written amendment agreed to|y both parties. 1.3 Entwnelwma. ICE(}may by unilateral written amendment extend the i Date for uperiod ofoyk`go days. Unless otherwise iodicatmdbutba applicable Contract amendment,mnextension does not extend any other deadlines oc due dates other than the expiration ufthe Contract Period. 2. Funds 2.1 Availability of Funds. This Contract and all claims,suits or obligations arising under or related to this Contract are subject to the receipt and availability of funds appropriated hm the Texas Legislature for the purposes oft6luCbubudortbere,yertbedubm,muito,ubligmtiou,ouupnlicublo. Pei-forming Party will ensure that this article io included iu any subcontract itawards. 2.2 Maximum Authorized Reimbursement. The total amount of funds provided by TCBQ for the Contract will not exceed the amount of the Maximum Authorized Reimbursement mae6owoonthe Contract Signature Page. 2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract,costs must be incurred during the Contract Period and within the time limits applicable todzmfuudmfnomwbicbt6e Contract iwbeing paid. TCEQ is under uo obligation too8erdeudlineexteuei000w6icbortendto the maximum availability of the Contract funding source. 2.4 Grmmmtm-Iftbi Contract was entered under the tC8Q'm authority k,award grants,TCE0ix providing financial assistance to the recipient tn undertake its own project. 2.5 I0m Debt against the State. This Contract iu contingent outbocuutbzuiugopprnpriudoonffuudm. This Contract shall not bn construed tu create debt against the State ofTexas. 3. Allowable Costs 3.1 Conforming AxHbvidew~ 10E%}will reimburse the Performing Partyfbramceaaxryoudreauvoublm Allowable Costs that are incurred and paid by the Performing Party in performance of the Scope of Work xp authorized in the PGA Cost Budget. 3.2 UGMS. Allowable Costs are restricted tu costs that comply with de Texas Uniform Grants Management Standards(DGMS)and applicable state and federal rules and law. The text ofDGMS im available online nt the Governor's weboite. The parties agree that all the requirements of the UGMSopply to this Contract,including the criteria for Allowable Costs. Additional federal requirements apply if this Contract is funded,in whole or in part,with federal funds. 3.3 Duplication wf Effort Prohibited. lu addition|o the funds provided to the Performing Party under this Grant Agreement,the 7C80 and other entities may provide funds Lo\bePerforming Party under separate Grant Agreements. Perfo 6u Party must monitor all activities toensure that the grant funds complement one another and do not result in double payments for the same activity. 4. Reimbursement 4.1 Reimbursement Requests. Performing Party shall invoice ICE[)to request reimbursement for its Allowable Costs for performing the Scope of Work. Performing Purb/m invoice shall confirm$o all reimbursement requirements apocifiedly TCEQ. 4.2 Submittal of Rmlmobanommmmmt Requests Page 1Vm,32 Contract Name: City of Carpus Christi TCEQ Contract Number: 582-14-40055 4.2.1. The Performing Party shall not submit reimbursement requests(FSRs and invoices)any sooner than fifteen(15)days following the submission to the TCEQ of a deliverable in order to allow TCEQ staff a reasonable period to review the deliverable prior to receiving the reimbursement request. 4.2.2. The Performing Party shall require by contract its subcontractors to invoice it every other month and the costs relating to subcontractors shall be invoiced to TCEQ in Performing Party's quarterly invoice. 4.2.5. The Performing Party must submit invoices within fifteen(15)days of the end of each State of Texas fiscal quarter,except that the final invoice shall be submitted as specified below. Invoices shall be sent to: Invoice_AQD @tceq.texas.gov.Invoices shall be in PDF format and in I.T.S.dollars and cents.Each Proposal for Grant Activities must be invoiced separately.In order for TCEQ to determine eligibility of costs,the Performing Party must submit the following to the TCEQ as part of its complete and legible invoice: 4.2.5.1 Reimbursement requests using Financial Status Report Form 269a and Supplemental Financial Status Report Forms 269a in paper copies and in an electronic database format,provided by TCEQ,that detail all costs of conducting the Grant Activities incurred during the invoicing period.The Performing Party must comply with the current TCEQ Financial Status Report processing procedures in effect at the time of submittal.The TCEQ may change or add requirements for processing.For FSRs requesting reimbursement of costs(as opposed to documenting use of advance payment),fill in the spaces regarding Advanced Funds with N/A.TCEQ will perform desk reviews of the FSRs after they are filed.TCEQ may pay an invoice prior to performing the desk review.If TCEQ determines that the FSR contained unallowable costs or insufficient documentation,the Performing Party will refund the applicable amounts to TCEQ; 4.2.5.2 Percentage of budget spent to date,and percentage of budget projected to be spent during the Agreement; 4.2.5.3 Progress report on the attached template.The TCEQ reserves the right to alter the reporting frequency of the progress reports as necessary to track the Performing Party's progress toward accomplishing the tasks of the PGA(s).The progress report shall document,in technical detail and by task,the accomplishments,expenditures,and milestones achieved during the reporting period. The Performing Party shall include an estimate of the percent completion for each task or project. The report shall also document what problems were identified,if any,and the resolution. 4.2.4. Within sixty(6o)days of the end of this Agreement,the Performing Party must submit its final invoice that is complete and legible and includes all of the information set forth above for quarterly invoices and the information listed below. Submission shall be in electronic format,on DVD-ROM or CD-ROM. Directory structure for the contents of the CD shall be by Task and Title: e.g.,Task 1.Conceptual Model,Task 2.Ambient Monitoring,Task 5. Emissions Inventories.The following also must be submitted with the final invoice: 4.2.4.1 Copies of all reports,including financial,performance,and other reports, required by this Agreement; 4.2.4.2 Final Reconciliation of Budget and Expenditures; 4.2.4.5 PGA Summary Report summarizing the Performing Party's accomplishments with respect to the approved PGAs and containing an outline of PGA tasks and projects that identifies the title of all deliverables completed in the course of the Grant Agreement. The Performing Party roust request the Final PGA Summary Report template from the TCEQ Grant Manager; 4.2.4.4 A current single audit report for Regional Planning Commissions,including Councils of Government or Comprehensive Annual Financial Report for municipalities;and 4.2.4.5 A detailed explanation of how advance payments were utilized. Page 11 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 4.2-5. Within ninety(go)days of receipt of the final invoice and information set forth above,the TCEQ will make adjustments to the allowable and eligible costs based on the terms of the Grant Agreement Documents. The TCEQ will make prompt reimbursement to the Pei-forming Party for allowable reimbursable costs. Closeout of the Grant Agreement does not affect: 4.2-5.1 The TCEQ's right to disallow costs and recover funds on the basis of a later audit or other review; 4.2-5.2 The Performing Party's obligation to return any funds due as a result of later refunds,corrections,or other transactions; 4.2-5.3 Records retention; 4.2-5.4 Property management requirements; 4.2-5.5 Audit requirements;and 4.26.6 Any other continuing obligations under the Grant Agreement. 4.2.6. At any time during the Grant Agreement,upon request of the TCEQ,the Performing Patty will provide any additional documentation necessary to support the allowability and eligibility of the costs.The TCEQ may reject requests for reimbursement pending receipt of the requested documentation. 4.2-7. The Performing Party must immediately refund to the TCEQ any funds that are in excess of allowable costs.In no case may Performing Party take longer than thirty(3o)days to refund TCEQ.Any funds paid to a Performing Party in excess of the amount to which the Performing Party is finally determined to be entitled under the terms of the award constitute a debt to the TCEQ. 4.3 Conditional Payments. Reimbursements are conditioned on the Scope of Work being performed in compliance with the Contract. Performing Party shall return payment to TCEQ for either overpayment or activities undertaken that are not compliant with the Scope of Work. This does not limit or waive any other TCEQ remedy. 4.4 No Interest for Delayed Payment. Because the Performing Party is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. 4.5 Release of Claims. As a condition to final payment or settlement,or both,the Performing Party shall execute and deliver to the TCEQ a release of all claims against the TCEQ for payment tinder this Contract using the applicable,attached form. 5. Financial Records,Access and Audits 5.1 Audit of Funds. The Performing Party 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. Performing Party further agrees to fully cooperate with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Performing Party shall ensure that this clause concerning the audit of funds accepted under this Contract is included in any subcontract it awards. 5.2 Financial Records. Performing Party shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request Performing Party shall submit records in support of reimbursement requests. Pei-forming Party shall allow access during business hours to its financial records by TCEQ and other state agencies for the purpose of inspection and audit. Financial records regarding this Contract shall be retained for a period of three(3)years after date of submission of the final reimbursement request. 5.3 Indirect Rate Approval Letter. Within thirty(3o)days of the start of the Grant Agreement,the Pei-forming Party shall submit to the TCEQ a copy of the letter from the Performing Party's Federal cognizant agency or state coordinating agency approving the Performing Party's,current indirect cost rate. The Performing Party shall provide any new letter within thirty(3o)days of the plan being approved by its cognizant agency or state coordinating agency. Page 12 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40355 6.4 Central Service Costs.The Performing Party certifies that it will maintain compliance with all UGMS and other requirements regarding central service costs,including having a Cost Allocation Plan,if required,and adjusting the plan.All central service cost allocation plans and related documentation must be maintained for possible audit. 6. Performing Party's Responsibilities 6.1 Performing Party's Responsibility for the Scope of Work. Performing Party undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the TCEQ nor as a TCEQ agent or employee. Performing Party agrees that the Scope of Work is furnished and performed at Performing Party's sole risk as to the means,methods,design, processes,procedures and performance.. 6.2 Superintendence of the Work. Performing Party is responsible for supervising all activities. This responsibility includes control of associated hazards to assure the safety of the performance of the Grant Activities,and for the protection of all persons,property,premises and facilities which. may be affected by the Grant Activities.No action by TCEQ will transfer this responsibility to TCEQ. 6.3 Independent Contractor. The parties agree that the Performing Party is an independent contractor.Nothing in this Contract shall create an employee-employer relationship between Performing Party and TCEQ. Nothing in this Contract shall create a joint venture between TCEQ and the Performing Party. 6.4 Performing Party's Responsibilities for Subcontractors. All acts and omissions of subcontractors,suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect contract with Performing Party shall be considered to be the acts and omissions of Performing Party. 6.5 Flow down of Conti act Provisions. The Performing Party shall include in its subcontracts, employment contracts,and employment policies any provision included in this Agreement,or shall include a similar provision,to the extent necessary in order for the Performing Party to fulfill its obligations under this Agreement,regardless of whether or not the provision expressly requires that it be included in such contracts or policies.The Performing Party shall require its subcontractors to do the same. 7. No Third Party Beneficiary. TCEQ does not assume any duty to exercise any of its rights and powers under the Contract for the benefit of third parties. Nothing in this Contract shall create a contractual relationship between.TCEQ and any of the Performing Party's subcontractors,suppliers or other persons or organizations with a contractual relationship with the Performing Party. 8. Time 8.1 Time is of the Essence. Performing Party's timely performance is a material term of this Contract. 8.2 Delays. Where Performing Party's performance is delayed,except by Force Majeure or act of the TCEQ,TCEQ may withhold or suspend reimbursement,terminate the Contract for cause,or enforce any of its other rights(termination for convenience may be effected even in case of Force Majeure or act of TCEQ).. 9. Conflict of Interest. The Pei forming Party shall timely notify TCEQ in writing of any actual,apparent,or potential conflict of interest regarding the Performing Party or any related entity or individual. No entity or individual with any actual,apparent,or potential conflict of interest shall take part in the performance of any portion of the Scope of Work,nor have access to information regarding any portion of the Scope of Work,without TCEQ's written consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has sole discretion to determine whether a conflict exists,and that a conflict of interest is grounds for termination for cause. o. Data and Quality 10.1 Quality and Acceptance. All work performed under this Contract must be complete and satisfactory in the reasonable judgment of the TCEQ. All materials and equipment shall be handled in accordance with instructions of the applicable supplier,except as otherwise provided in the Contract. 10.2 Quality Assurance. All work performed under this Contract that involves environmental data operations will be performed in accordance with a TCEQ-approved Quality Assurance Project Plan Page 13 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 552-1440055 (QAPP). An environmental data operation is defined as any work performed to obtain,use,or report information pertaining to environmental processes and conditions. Environmental data operations may include but are not limited to sampling and analysis,compilation or use of data from existing sources,development or use of models of environmental processes,and the collection, calculation,or use of geospatial data. No work covered by this requirement will be implemented prior to the Performing Party's receipt of the QAPP signed by TCEQ and,if necessary,the EPA. Without prejudice to any other remedies available to TCEQ,TCEQ may refuse reimbursement for any environmental data operation performed prior to approval of a QAPP by TCEQ and,if necessary,the EPA. Also,without prejudice to any other remedies available to TCEQ,the Performing Party's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of expenses related to the associated activities. 10.3 Laboratory Accreditation, Any laboratory data or analyses provided tinder this Contract must be prepared by a laboratory that is accredited by TCEQ according to 3o Texas Administrative Code Chapter 25,subchapters A and B,unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 3o Texas Administrative Code Section 25.6. 11. Intellectual Property 11.1 Work for Hire. The Performing Party agrees the work product created under this Contract is a work for hire and therefore,TCEQ is the owner of the work product and all intellectual property in the work product. Performing Party will enter into written agreements with its employees and subcontractors that confirm TCEQ's ownership. 11.2 Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment by TCEQ,Performing Party must obtain all intellectual property licenses expressly required in the Scope of Work,or incident to the use or possession of any work product under the Grant Agreement. Performing Party shall obtain and furnish to TCEQ: documentation on the use of such intellectual property,and a nonexclusive,perpetual,irrevocable,fully paid-up enterprise-wide and worldwide license to reproduce,publish,otherwise use,modify,create derivative works,distribute,publicly perform and display such intellectual property and associated user documentation,and to authorize others to do the same for TCEQ non-commercial purposes. Readily commercially available software that is necessary to use the work products may be exempted from this requirement with prior written approval from TCEQ. Contractor shall take all necessary steps to pass-through to TCEQ all warranties,representations and other service commitments applicable to third party intellectual property incorporated into the work products. 11.3 Grant of License. Performing Party grants to TCEQ a nonexclusive,perpetual,irrevocable,fully paid-up enterprise-wide and worldwide license to reproduce,publish,modify,otherwise use,create derivative works,distribute,publicly perform and display for any non-commercial TCEQ purpose any preexisting intellectual property belonging to the Performing Party that is incorporated into any work products under this Grant Agreement or is incident to the use or possession of any work product that is not work for hire,and associated user documentation. 11.4 In the event of a third party's Demand or threat of Remand for infringement of intellectual property incorporated by Performing Party into the work product,Contractor shall make best efforts to obtain permission for TCEQ to continue use of the allegedly infringing information,article or material;if Performing Party is unable to secure such permission,Performing Party shall provide a non-infringing substitute or work-around that is substantially similar in feature and functionality to the allegedly infringing information,article or material. 12. Insurance and Indemnification 12.1 Insurance. Unless prohibited by law,the Performing Party shall require its contractors to obtain and maintain during the Contract Period adequate insurance coverage sufficient to protect the Performing Party and the TCEQ from all claims and liability for injury to persons and for damage to property arising from the Contract. Unless specifically waived by the TCEQ,sufficient coverage shall include Workers Compensation and Employer's Liability Insurance,Commercial Automobile Liability Insurance,and Commercial General Liability Insurance. 12.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW,THE PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO INDEMNIFY,DEFEND,AND HOLD HARMLESS THE TCEQ AND PERFORMING PARTY AND THEIR OFFICERS,AND EMPLOYEES,FROM AND AGAINST ALL LOSSES,LIABILITIES,DAMAGES,AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE Page 14 of 32 Contract Name: City of Corpus Christi rCEo Contract Number: 58a 4-40055 PERFORMANCE OF CONTRACT ACTIVITIES ByTHE CONTRACTOR OR ITS SUBCONTRACTORS,SUPPLIERS AND AGENTS,INCLUDING TH0SE ARISING FROM DEFECT lN DESIGN,WORKMANSHIP,MATERIALS,<}D FROM INFRINGEMENT 0F ANY PATENT, TRADEMARK 0D COPYRIGHT;OB FROM A BREACH OF APPLICABLE LAWS,REGULATIONS, SAFETY STANDARDS 0R DIRECTIVES. THE DEFENSE OFTCE0 SHALL DE SUBJECT IOTHE AUTHORITY()y THE OFFICE OF THE ATTORNEY GENERAL 0F TEXAS TO REPRESENT 7CEQ. THIS CONVEB0NTSURVIVES THE TERMINATION Oy THE CONTRACT. 13. Termination 13.1 Termination for Cause. TCEQ may, novidi mdays'written notice and dm opportunity to cure to the Performing Party,terminate this Contract for cause if Performing Party materially fails to comply with the Contract including any one or more of the following acts or omissions: nonconforming work,or existence of a conflict of interest. Termination for cause does not prejudice TCEQ's other remedies authorized by this Contract or by law. 13.2 Termination for Cmmvmmlemce. ]CE0 may,upon providing zod 'wrUrountiomtotbe Performing Party,terminate this Contract for convenience. Termination shall not prejudice any other ht or remedy ofIC reimbursement for: conforming work and timely,reasonable costs directly attributable to tennioatiou Performing Party shall no¢bepoidfor work not performed,l of anticipated profits or revenue,consequential damages or other economic loss arising out of or resulting from the termination. 13.3 If,after termination for cause by TCEQ,it is determined that the Performing Party had not materially failed to comply with the Contract,the termination shall be deemed to have been for the convenience ofTCE0. 14. Disputes,Claims and Remedies 14.1 Payment as a Release. Neither payment hvTCIQ nor any other act or omission other than ao explicit written release,in the form of a unilateral amendment,constitutes a release of Performing Party from liability under this Contract. 14.2 Remedies 14.2.1. Schedule mf Remedies available to the TCEQ. Iu accordance with Texas Government Code Chapter 2z6z the following Schedule of Remedies applies tw this Contract. In the event of Performing Party's nonconformance,TCEQ may do one or more of the following: 14.2.1.1 Issue notice of nonconforming performance; 14.2.1.2 Reject nonconforming performance and request corrections without charge to tbeTCEQ; 14.2.1.3 Reject ureimbursement request or suspend further payments,orboth,pending accepted revision oi the nonconformity; 14.2.1.4 Suspend all or pail of the Contract Activities or payments,or both,pending accepted revision of the nonconformity; 14.2.1.5 Demand restitution and recover previous puyozantawbcrvprdbnouumuio subsequently determined nonconforming; 14,2.1.6 Terminate the Contract without further or further payment by the TCEQ and receive restitution of previous payments, 14.2.2. The diavailable ICEQ in this Grant Agreement,are io addition to,and not a limitation of,any rights and remedies available toTC0}`including otherwise imposed or available,by Laws or Regulations,bv special warranty nr guarantee,mrbv other provisions of the Contract Documents. 14.3 Opportunity to Cure. The Porformio P ,tyn@lbomxreammoableopyortum|ty to cure its nonconforming performance,Lf possible under the circumstances, 14.4 Cumulative Remedies. Remedies are cumulative;the exercise of any remedy under this Contract or applicable law does not preclude or limit the exercise of any other remedy available under this Contract nc applicable law. Page 1Snroo Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 15. Sovereign Immunity The parties agree that this Contract does not waive any sovereign immunity to which either party is entitled by Iaw. 16. Survival of Obligations. Except where a different period is specified in this Contract or applicable law, all representations,indemnifications,and warranties made in,required by or given in accordance with the Contract,as well as all continuing obligations indicated in the Contract,survive for four(4)years beyond the termination or completion of the Contract,or until four(4)years after the end of a related proceeding, whichever is Ionger. A related proceeding includes any litigation,legal proceeding,permit application,or State Office of Administrative Hearings proceeding,which is brought in relation to the Contract or which in TCEQ's opinion is related to the subject matter of the Contract. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. 17. Contract interpretation 17.1 Definitions. 17.1.1. The word"include"and all forms such as"including„mean`including but not limited to"in the Contract and in documents issued in accordance with the Contract,such as Work Orders or Proposals for Grant Activities(PGAs). 17.1.2. The terns Grant Agreement is used interchangeably with Agreement,Contract,Grant,or grant. 17.1.3. Grant Activities—the entire completed activities or the various separately identifiable parts thereof required to be furnished under the Contract Documents.Grant Activities include administrative activities.Grant Activities may also be referred to as Contract Activities and work. 17.2 Headings. The headings of the sections contained in this Contract are for convenience only and do not control or affect the meaning or construction of any provision of this Contract. 17.3 Delivery of Notice. Notices are deemed to be delivered three(3)working days after postmarked if sent by U.S.Postal Service certified or registered mail,return receipt requested.Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail,facsimile transmission,email,or other commercially accepted means. 17.4 Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday,it is omitted from the computation.. 17.5 State,Federal Law. This Contract is governed by,and interpreted under the laws of the State of Texas,as well as applicable federal law. 17.6 In addition to the other requirements specified in the Contract Documents,the standards for costs to be eligible for reimbursement include those contained in the following,to the extent applicable: 17.6.1. The Uniform Grant and Contract Management Act,Section 783.001 et seq.,Texas Government Code;The Uniform Grant Management Standards for State Agencies,34'Texas Administrative Code,Section 20.421 et seq.(UGMS)(allowable costs standards and requirements for grantees); 17.6.2. Chapter 391,Local Government Code and related rules(pertaining to costs for entities defined as Regional Planning Commissions),if a sub-grantee or recipient of funds is an entity defined as a Regional Planning Commission,including a Council of Governments. (Under this Grant Agreement,other entities may also agree to abide by the cost requirements for Regional Planning Commissions.); 17.6.3. Texas Government Code Section 556.0055(pertaining to lobbying); 17.6.4. TCEQ Allowable Expenditure Guidelines(pertaining to allowable costs for cost reimbursement contracts and grants); 17.6.5. 3o TAC Chapter ii(pertaining to TCEQ contracts)and 30 TAC Chapter 14(pertaining to grants);and 17.6,6. Other applicable Federal and State statutes and rules. Page 16 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40056 17.7 If the Performing Party is a"unit of local government"as defined in the Appropriations Act of the 83rd Texas Legislature,Article IX,Sec.4.04 Limitation on Grants to Units of Local Government,the Performing Party must certify in the Release of Claims that it has complied with all requirements in Sec.4.04. 17.8 Severability. If any provision of this Contract is found by any court,tribunal or administrative body of competent jurisdiction to be wholly or partly illegal,invalid,void or unenforceable,it shall be deemed severable(to the extent of such illegality,invalidity or unenforceability)and the remaining part of the provision and the rest of the provisions of this Contract shall continue in full force and effect. If possible,the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable, 17-9 Assignment. No delegation of the obligations,rights,or interests in the Contract,and no assignment of payments by Performing Party will be binding on TCEQ Without its written consent, except as restricted by law. No assignment will release or discharge the Pei-forming Party from any duty or responsibility under the Contract. 17-10 Venue. Performing Party agrees that the Contract is being performed in Travis County,Texas, because this Contract has been performed or administered,or both,in Travis County,Texas. The Performing Party agrees that any cause of action involving this Contract arises solely in Travis County,Texas. 17-11 Public Information. All data and other information developed under this Agreement shall be furnished to the TCEQ and shall be public data and information except to the extent that it is exempted from public access by the Texas Public Information Act,Texas Government Code Chapter 552. Upon termination of this Agreement,all copies of data and information shall be furnished,at no charge to the TCEQ,upon request,to include databases prepared using funds provided under this Grant Agreement. 17.12 Publication. 17-12.1. At least seven(7)days prior to the publication or advertisement of information related to this Contract,the Performing Party agrees to provide a copy of the publication or advertisement to TCEQ for review and comment. Performing Party may make changes in its draft based on TCEQ comments,as it sees fit in its sole discretion. Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate TCEQ authority. 17-12.1.1 The Performing Party has permission to use the TCEQ logo in conjunction with outreach efforts described in this Grant Agreement. The Performing Party must follow the TCEQ's logo style guidelines when using the logo,which can be found on the Web at http://www.tceq.texas.gov/assets/public/comm—exec/logc�—style—gttide.pdf. Electronic files of the TCEQ logo should be obtained from the TCEQ's Agency Communications Division by e-mailing ac@tceq.texas.gov.E-mails should be addressed from the Performing Party's Project Representative and copy the TCEQ Project Representatives,reference use under the Rider 8 grant program, and specify the file formats needed(examples:jpg,tiff). 17-12.2.The Performing Party and the Performing Party's agent,subcontractor,or other representative shall acknowledge the financial support of the TCEQ and the State of Texas whenever activities funded,in whole or part,by this Grant Agreement are publicized or reported in news media,or publications,or at public events and meetings. All project signage,reports and other documents completed as a part of this Grant Agreement,other than documents prepared exclusively for internal use within the TCEQ,shall display the following notation on the sign,or front cover or title page: PREPARED UNDER A GRANT FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Page 17 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 The preparation of this report was financed through grants frarm the State of Texas through the Texas Commission on Environmental Quality. The content,findings,opinions and conclusions are the work of the author(s)and do not necessarily representf ndings,opinions or conclusions of the TCEQ. 17.18 Waiver. With the exception of an express,written waiver in the form of a unilateral amendment signed by TCEQ,no act or omission will constitute a waiver or release of Performing Party's obligation to perform conforming Contract Activities. No waiver on one occasion,whether expressed or implied,shall be construed as a waiver on any other occasion. 17.14 Compliance with Laws. TCEQ relies on Performing Party to perform all Contract Activities in conformity with all applicable laws,regulations,and rules and obtain all necessary permits and licenses. 17.15 Counterparts. This Contract may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Contract. 17.16 Accessibility. All electronic content and documents created as deliverables under this Contract must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 2o6.50 and 218 for state agency web pages,web content,software,and hardware,unless TCEQ agrees that exceptions or exemptions apply. 17.17 No provision of any standard,specification,guidance manual,code or instruction shall be effective to change the responsibilities of TCEQ or the Performing Party,or any of their subcontractors, consultants,agents,or employees from those in the Grant Agreement,nor shall it be effective to assign to TCEQ,any duty or authority to supervise the furnishing or performance of the Grant Activities or other Agreement provisions. 17.18 Whenever in the Contract Documents the terms"as ordered,""as directed,""as required,""as allowed,""as approved"or terms of like effect or import are used,or the adjectives"reasonable", "suitable,""acceptable,""proper"or"satisfactory"or adjectives of like effect or import are used to describe a requirement,direction,review or judgment of TCEQ as to the Grant Activities,it is intended that such requirement,direction,review or judgment will be solely to evaluate,in general, the completed Grant Activities for compliance with the requirements of and information in the Grant Agreement Documents.The use of any such term or adjective shall not be effective to assign to TCEQ any duty or authority to supervise or direct the furnishing or performance of the Grant. Activities or other Agreement provisions. Page 18 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Cost Bud-get Cooperative Reimbursement Grant for State Agencies and Local Governments i. Budget. Authorized budgeted expenditures for activities performed are as follows: Budget Category Cost for Activities to be Performed Salary/Wages $ Fringe Benefits $ Travel $ Supplies $ Equipment $ Contractual $ Construction $ Other $ Indirect Costs $ Total $ 2. Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is %of(check one): F1 salary and fringe benefits ❑modified total direct costs El other direct costs base If other direct cost base,identify: This rate is less than or equal to(check one): ❑approved predetermined rate E]experienced-based predetermined rate El default rate S. Other. If Budget Category"Other"is greater than$25,000 or more than io%of budget total,identify the main constituents: 4. Travel. In order to be reimbursable,travel costs must be specifically authorized in advance of the travel. Travel costs,including per diem,will be reimbursed only in the amount of actual costs,up to the maximum allowed by law for employees of the State of Texas at the time the cost is incurred.Travel by volunteers will not be reimbursed.The Pei-forming Party shall submit out-of-state travel requests to the TCEQ Grant Manager no later than 3o days prior to travel. Travel by the Performing Party shall not occur without TCEQ authorization.Additional requirements applicable to travel are included elsewhere in this Contract. 5. Budget Categories. The Budget Categories above have the definitions,requirements and limitations stated in UGMS. Construction costs are not reimbursable without prior,specific written authorization from TCEQ. Page 10 of 32 � � Contract Name: City nf Corpus Christi TCeQcumract Number: 582-14-40055 6 Budget Control. 6.1 Performing Party may transfer amounts between the approved direct categories so long as the cumulative transfers to or from a line item do not exceed io%of half of the Total Budget amount.Total costs to be reimbursed must be at or less than the budget total specified. All invoices must be submitted in a format that clearly shows how this requirement is being met. Performing Party must timely submit a Budget Revision Request(BRR)Form reflecting the revised budget. The Performing Party's written request shall include the reason for the request,a redline/strikeout version of the currently approved budget,a narrative of each fund transfer among the budget categories,and a description of how the budget transfers will change each task.Upon approval by the TCEQ Grant Manager,the BRR will automatically be incorporated into this Contract as though it is a document revised under General Terms and Conditions Section 1.2. 6.2 Cumulative fe ham of the al all budget revisions that result in the cumulative transfer of funds equal to or greater than to%of the Total Budget of this PGA during the Contract period, The Performing Party must supply the completed 8IDR and information listed iu the previous paragraph md1bitarugouvthvzamendment of the PGA.A PGA amendment is required before Performing Party incurs these costs. 6.3 Performing Party may not transfer amounts&o budget categories uuntaiuiogrenndoluru*dtboot ?CD()pmr-u»yrornl. 6.4 The xo%limit does not reset until mu amendment la signed ly the parties to reflect changes to the budget. 7' Supporting Records. Performing Party shall submit records and documentation to TCEQ as appropriate for the review and approval of reimbursing costs.See the FSR for an explanation of what documentation must be provided with the FSR regarding costs. TCEQ may reject invoices without appropriate supporting documentation. TCEQ has the right to request additional documentation. Although this Contract only requires that certain documentation be provided with the FSR,the Performing Party shall maintain records subject to the terms of this Contract,including the Uniform Grant Management Standards. 8. TodUr*mt Costs. Performing Party's iodi will bm reimbursed ut the reimbursable rate shown above (if noreimbursable rate is shown above,indirect costs are not reimbursable under this Contract). The reimbursable rate must belc than or equal to th rate authorized under DGM8. To the extent that the reimbursable rate la lower than Performing P actual indirect costs, Performing Party ia contributing its unreimbursed indirect costs to the successful performance of this Contract,and waives any right it may have to reimbursement of those costs. 9. Indirect Rates Authorized under 0GMS. The following rates are authorized under U0MS: 9.1 Approved Predetermined Rate. Ao approved pnadateonbm*dcuteaha\lbooxprwammdaum yorouutwAeoftbedDredcoethmv*myevdirdiutboe' ocdiodirwotrmtoamgodudomu8u:mnent 9.2 Experience-Based Predetermmned Rate. An experience-based predetermined od is an indirect cost rate agreed to between TCEQ and Performing Patty,where there is no approved predetermined rate and there is sufficient cost experience and other pertinent facts to enable the parties to reach an informed judgment(a)as to the probable level of indirect costs in the Performing Party's programs during the term of the Contract,covered by the negotiated rate,and(b)that the amount allowable under that rate would not exceed actual indirect costs. An experience-based predetermined rate shall be expressed as a percentage of either(a)salary and wages,or(b)modified total direct costs. Modified total direct costs are total direct costs less"extraordinary or distorting expenditures,"usually capital expenditures,subawards,contracts,assistance payments(eg.,to beneficiaries),and provider payments. The direct cost base selected should result in the fair distribution of indirect costs among all state and federal grants and contracts affected,as well as other Performing Party activities that share in the indirect costs. 0.3 Default Rate. A default rate lmmm indirect rate often percent(znY6)of direct salary and wages,(o be used where(m)there ioon approved or experienced-based predetermined rate,and(b)the Performing Party represents that its actual indirect costs equal or exceed ten percent(io%)of salary and wages. A'4 Adjustment of Indirect Rates. A reimbursable rate is intended to be final. Performing Party acknowledges thatTCEQ's budget is limited and funds may not be available to reimburse any increase in indirect costs. Performing Party waives any right it may have to upward adjustment of its indirect rate,and agrees to contribute any such increase to the successful performance of this Page zom,n2 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-44055 Contract. TCEQ waives any right it may have to a downward adjustment of Performing Party's indirect rate,unless the reimbursable rate is greater than the Performing Party's actual indirect costs. If the latter case,if reasonably feasible,a compensating adjustment shall be carried forward to this Contract or a future contract. If not feasible,where permitted by law TCEQ and Performing Party may identify additional services to be performed by Performing Party as a compensating adjustment,or Performing Party shall reimburse TCEQ the excess indirect costs paid. Page 21 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Notices, Project Representatives and Records Location Contract No. 5$2-14-40055 1. Representatives.The individual(s)named below are the representatives of TCEQ and Performing Party, They are authorized to give and receive communications and directions on behalf of the TCEQ and the Performing Party as indicated below. All communications including official Contract notices must be addressed to the appropriate representatives. 2. Changes in Representatives. Either party may change its representative by unilateral amendment. 3. TCEQ Representatives All communications must be addressed to the TCEQ°s Project Representatives,unless otherwise specified in the Grant Agreement. The TCEQ Project Representatives are identified below: TCEQ GRANT MANAGER TCEQ PROGRAM COORDINATOR (for Contractual Matters) (for Technical Matters) Leigh Ann Brunson Clint Harper Grant Manager Program Coordinator Texas Commission on Environmental Quality Texas Commission on Environmental Quality P.O.Box 13087 P.O.Box 13o87 MC-164 MC-164 Austin,'Texas 78711-3o87 Austin,Texas 78711-3087 Telephone No.(512)239-1903 Telephone No.(512)239-1674 Facsimile No.(512)239-1500 Facsimile No.(512)239-1500 E-Mail:lei h tnn.brt111SPn{I)tcec texas. 7 E-Mail: clinLharpe��texLls.gcy 4. Performing Party Representatives. For Contractual Matters For Technical Matters Sharon Bailey Lewis Sharon Bailey Lewis Program Manager Proizram Manager Title Title City of Corpus Christi City of Corpus Christi P.0.Box 9277 P.0.Box 9277 Corpus Christi,Texas 78469-9277 Corpus Christi,Texas 78469-9277 Telephone No.(361)826-4066 Telephone No.(361)826-4o66 Facsimile No.(361)826-4681 Facsimile No.(361)826-4681 E-mail: SharonL @cgtexas.com E-mail:SharonL@cetexas.com 5. Invoice Submittal. Invoices must be submitted to:Invoice_AQD @tceq.texas.gov 6. Designated Location for Records Access and Review. The Performing Party designates the physical location indicated below for record access and review pursuant to any applicable provision of this Contract: 12o1 Lenard,Street (Street Address) Corpus Christi,Texas 78401 (City J State ZIP) Page 22 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RIDER 8 AIR QUALITY PLANNING GRANT PROGRAM FINANCIAL STATUS REPORT-- FORM 2698 1. STATE AGENCY ORGANIZATION TO WHICH REPORT ISubmit with invoice to Invoice_AQD@tceq.texas.gov IS SUBMITTED: 2. GRANT/CONTRACT TITLE: RIDER 8 LOCAL AIR QUALITY PLANNING GRANT 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS) 5.a.TCEQ CONTRACT NUMBER: 5.b. TCEQ PCR NUMBER: 6. FINAL REPORT YES NO 7. ACCOUNTING BASIS CASH ACCRUAL 8. TOTAL GRANT PERIOD 9. PERIOD COVERED BY THIS REPORT FROM: TO: FROM: ITO: 10. BUDGET CATEGORIES APPROVED BUDGET PROJECT COST THIS CUMULATIVE PROJECT BALANCE" REPORT* COST A. PERSONNEL/SALARY $0.00 $0.00 B. FRINGE BENEFITS $0,00 C.TRAVEL $0.00 $0.00 D. SUPPLIES $0.00 $0.00 E. EQUIPMENT $0.00 $0.00 F. CONTRACTUAL $0.00 $0.00 G. CONSTRUCTION $0.00 $0.00 H. OTHER $0.00 $0.00 I. TOTAL DIRECT COSTS $0.00 $0.00 (sum A-H) J. INDIRECT COSTS (-%of[Fill in Base,e.g. $0.00 Personnel Sala ryl) K.TOTAL(sum I and 3) $0.00 $0.00 *List (itemize) on the appropriate supplemental form, all component expenses comprising the total cost for each of these categories. Please attach receipts,as reguired, in accordance with the conditions of your Contract. 11. ADVANCED FUNDS 12. INTEREST EARNED A. ADV. FUNDS THIS PROJECT. A. INTEREST EARNED THIS PERIOD, B. ADV. FUNDS SPENT THIS PERIOD: B. INTEREST PREVIOUSLY EARNED: C. ADV. FUNDS SPENT PREVIOUSLY, C. CUMULATIVE INTEREST EARNED: $0.00 D. ADV. FUNDS REMAINING: $0.00 13. CERTIFICATION: I CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THIS REPORT IS CORRECT AND COMPLETE AND THAT ALL OUTLAYS AND UNLIQUIDATED OBLIGATIONS ARE FOR THE PURPOSES SET FORTH IN THE AWARD DOCUMENTS. SIGNATURE OF AUTHORIZED OFFICIAL TYPED NAME AND TITLE: ITELEPHONE: DATE SUBMITTED: 4:99Q PGR.M :20248 REVISED 9OR P199R 8 AIR QUAL144 121-ANNING GRAWTS (Q5�20!3) Page ! 011 Page 23 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS (Form 20248.1) EQUIPMENT PURCHASES(DURING THIS REPORT PERIOD) NUMBER ITEM DESCRIPTION (SHOULD MATCH DESCRIPTION PROVIDED FOR APPROVAL) UNIT COST TOTAL COST TASK PURCHASED TOTAL EQUIPMENT EXPENDITURES (MUST AGREE WITH LINE 10E ON FORM 20248 $0,00 CONTRACTUAL EXPENSES(DURING THIS REPORT PERIOD) SUBCONTRACTOR(NAME) FOR(SERVICES PERFORMED) COST TASK TOTAL CONTRACTUAL EXPENSES (MUST AGREE WITH LINE 10F ON FORM 20248) $0,00 TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 2 of 6 Page 24 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 ITEMIZATION OF CONSTRUCTION COSTS (Form 20248-2) CONSTRUCTION COSTS(DURING THIS REPORT PERIOD) DESCRIPTION PURPOSE COST(THIS TASK PERIOD TOTAL CONSTRUCTION EXPENDITURES (MUST AGREE WITH LINE IOG ON FORM 20248) $0.00 TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/20I3) Page 3 of 6 Page 25 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 ITEMIZATION OF SUPPLY AND OTHER COSTS(Form 20248-3) SUPPLIES PURCHASED (DURING THIS PERIOD) NUMBER ITEM DESCRIPTION UNIT COST TOTAL COST TASK PURCHASED WOO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL SUPPLY EXPENDITURES (MUST AGREE WITH LINE IOD ON FORM 20248) $0.00 OTHER EXPENDITURES(DURING THIS REPORT PERIOD) NUMBER ITEM DESCRIPTION UNIT COST TOTAL COST TASK PURCHASED $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL OTHER EXPENDITURES (MUST AGREE WITH LINE 10H ON FORM 20248) $0.00 t TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 4 of 6 Page 26 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS(Farm 20248-4) PERSONNEL/SALARY EXPENDITURES (DURING THIS REPORT PERIOD) EMPLOYEE NAME TITLE/POSITION SALARY TASK TOTAL PERSONNEL/SALARY EXPENDITURES (MUST AGREE WITH LINE 10A ON FORM 20248) $0.00 TRAVEL EXPENDITURES(DURING THIS REPORT PERIOD) EMPLOYEE NAME AND TITLE/POSITION REASON COST TASK TOTAL TRAVEL EXPENDITURES (MUST AGREE WITH LINE 10C ON FORM 20248) $0.00 *SUBSTANTIATING DOCUMENTATION (time sheets,travel receipts,etc.) IS NOT REQUIRED TO BE ATTACHED TO THIS FORM; however each traveler's costs must be itemized to show costs for meals, lodging and transportation (itemization may be attached). TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 5 of 6 Page 27 of 32 Contract Name.: City of Corpus Christi TCEQ Contract Number: 582-1444055 Financial Status Report Preparation instructions 1. The PERFORMING PARTY,in order to obtain reimbursement for those expenditures authorized under this Contract,shall submit a completed, legible TCEQ Financial Status Report(TCEQ Form 20248)and any required TCEQ Supplemental 20248 forms. Each Financial Status Report shall indicate, for each budget sub-category,the PERFORMING PARTY'S project expenditures for the period in question,the cumulative expenditures with respect to each budget sub-category,and the balance remaining in each budget sub- category following reimbursement of the amount being requested. A quarterly Financial Status Report is required even if no expenses were incurred during the report period. 2. All requests for reimbursement of expenditures that fall within either the"Equipment"or"Contractual"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-1 and identified with respect to the major tasks or objectives,set forth in the PGA,that such expenditures support or satisfy. 3. All requests under this Contract for the reimbursement of expenditures that fall within the"Construction"category of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-2 and identified with respect to the major tasks or objectives,set forth in the PGA, that such expenditures support or satisfy. 4. All requests for the reimbursement of expenditures that fall within either the"Supply"or"Other"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-3 and identified with respect to the major tasks or objectives,set forth in the PGA,that such expenditures support or satisfy. 5. All requests for reimbursement of expenditures that fall within either the"Personnel/Salary"or"Travel"categories of the Contracts Cost Budget shall be itemized by the PERFORMING PARTY on Supplemental Form 20248-4 and identified with respect to the major tasks or objectives,set forth in the PGA, that such expenditures support or satisfy. 6. When a single expenditure supports or satisfies more than one task or objective,the PERFORMING PARTY need not breakdown that particular expenditure by specific contract task or objective but may simply identify, in relative cost order,the various tasks or objectives supported. 7. Documentation. In addition,the PERFORMING PARTY shall retain,for each reimbursable cost listed on any of the FSR forms,legible documentation that(1) serves to further identify the specific cost, (2)clearly identifies the vendor or subcontractor who provided the materials or services,and (3) that confirms the reimbursable amount listed on the form. For"Equipment" purchases,the documentation shall be either a purchase order marked"received/paid"or a vendor-submitted invoice similarly marked. For"Contractual" purchases,the documentation shall consist of a dated Invoice that shows the amount billed to the PERFORMING PARTY and any'past due"amount from previous invoices. For"Contruction"costs, the documentation shall be either a purchase order marked„received/paid"or an invoice similarly marked. In the case of subcontractor provided construction services,the documentation shall consist of a dated invoice that shows the amount billed to the PERFORMING PARTY and any"past due"amount from previous invoices. For"Supply"or"Other"costs, although issued purchase orders and/or invoices marked"received/paid"represent the preferred types of documentation for purposes of this section,the PERFORMING PARTY may substitute other records or documents that provide the same type of information. For"Personnel/Salary",the PERFORMING.PARTY is expected to maintain signed time sheets that can serve to verify the total, overall hours of staff time being directly billed to this Contract. With respect to employee travel, PERFORMING PARTY must retain documentation that identifies the name of the travelers, and that substantiates the reported reimbursable costs. Documentation,for the purpose of substantiating travel-related costs, includes the following: (1) legible copies of the PERFORMING PARTY-approved travel vouchers,signed by the employees who traveled, and (2)for any travel-related expenses under this contract borne directly by the PERFORMING PARTY(and thus for which reimbursement by the PERFORMING PARTY to the traveler was not required),separate receipts showing,at a minimum,the traveler's name, the travel location,and the travel date(s). For"Fringe Benefits", the PERFORMING PARTY must also retain documentation. TCEQ FORM 20248 REVISED FOR RIDER 8 AIR QUALITY PLANNING GRANTS (05/2013) Page 6 of 6 Page 28 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-14-40055 Attachment B: Release of Claims Forms Texas Commission on Environmental Quality Release of Claims hereby releases the Texas Commission on Environmental Quality (TCEQ)and its officers,agents,and employees from any and all future claims arising under or by virtue of TCEQ Contract Number 582-14--.The amount being released is Further certifies that all subcontractors,suppliers,employees and any party which has performed or provided service for this Grant have been paid in full and satisfied. All activities required to be completed under the referenced Grant have been completed. Prompt payment,therefore,of the attached invoice,including any and all funds which may have been "retained"by TCEQ in accordance with said Grant,is requested. Executed on this -day of 20—. By: (signature) (name, typed or printed) (title) Contract# 582-14- Be innin Balance Expenses Reimbursed b TCE .. Remaining Balance Being Released Page 29 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number: 58e440055 Texas Commission on Environmental Quality um defined tmthe Appropriations Act of the 83rd Texas Legislature,Article LY,Sec-4.04 Limitation on Grants to Units ofLocal Government hereby releases the Texas Commission on Environmental Quality (TCEQ)and its officers,agents,and employees from any and all future claims arising under or by virtue of TCDV Contract Number 58u-z4-______^The amount being released tx . Further certifies that all subcontractors,suppliers, any party which has performed or provided service for this Grant have been paid in full and aubafiod. All activities required to be completed under the referenced Grant have been completed. Prompt payment,t6ormfor* of the attached invoice,including any and all funds which may have been ''retained"by TCEQio accordance with said Grant,imrequested. Fudborrri tifirv\hat it has complied with all requirements in Article IX,Sec.4.o4 Limitation om Grants to Units of Local Government in the Appropriations Act of the 83rd Texas Legislature. Executed nnthis day of zoL_. 8y: (signature) (000ne, typed nryrhnteu) Contract# 582-14- Expenses Reimbursed by TCKQ Remaining Balance Being Released Page 3oo/n2 Contract Name: City of Corpus Christi TCEQ Contract Number: 582-1440055 Attachment C: Budget Revision Request Form RIDER 8 BUDGET REVISION REQUEST FORM Purpose: For TCEQ review and approval of recipient organization proposed budget changes to ensure project deliverables are met and fiscal accountability. Instructions, Complete all information,except lo.,L and k,which the spreadsheet will total 1.RECIPIENT ORGANIZATION(NAME&COMPLETE ADDRESS INCLUDING ZIP CODE): 2.GRANT CONTRACT TITLE: 3,PAYEE IDENTIFICATION NUMBER: 4.TCEQ CONTRACT NUMBER: 582- 5.TOTAL PROJECT GRANT PERIOD: 6.PROPOSAL FOR GRANT ACTIVITIES NUMBER: I 9.Change lo.New or Revised 7.BUDGET CATEGORIES: 8.Approved Bud et Requested(+or Budget a.Personnel Sala $0.00 b.Fringe Benefits $0.00 c.Travel $0.00 d.Supplies $0.00 e.Equipment $0.00 f. Contractual $0.00 g.Construction $0.00 h.Other $0.00 i, Total Direct Costs(sum a-h) $0.00 $0.00 $0.00 j.Indirect Costs(—%of[Fill in Base,e.g.Personnel/Salary]) $0.00 k.Total(sum i&j) $0.00 $0.001 $0.00 Justification(Attach additional-sheets,if necessary): Signature of Authorized Representative Date Signature of TCEQ Representative Date Type or Printed Name and Title Type or Printed Name and Title Page 31 of 32 Contract Name: City of Corpus Christi TCEQ Contract Number; 582-14-40066 Attachment D: Progress Report Template Quarterly Progress Report for the Texas Commission on Environmental Quality Date: Rider 8 Area: PGA Number: Reporting Period: List of Tasks Completed: Status table(add rows as necessary to cover all PGA tasks): Task Number Deliverable Due Date Total Amount Remaining Cost of Percent of Allocated for Allocation Task this Task Task for Task Quarter Completed Sections below must be completed for every task and subtask(i.e. Task 1.1,Task 2.1,Task 2.2,etc.). If there was no activity,then please state "None"in the Milestones,and"No activity for this period"and the reason under the Detailed Summary section, Task 1.1: Milestones: Detailed Summaty: Technical and Logistical Problems and Solutions: Task 2.1: Milestones: Detailed Summary: Technical and Logistical Problems and Solutions: Page 32 of 32 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a grant in the amount of $442,300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. Section 1. That the City Manager or his designee is authorized to execute all documents necessary to accept and appropriate a grant in the amount of$442,300 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Fund for air quality planning purposes. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of _, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor A"CU+E r?ORT 4 se xa AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of July 30, 2013 Second Reading Ordinance for the City Council Meeting of August 20, 2013 DATE: July 9, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Amending the Unified Development Code and Municipal Code for Sidewalk Cafes and Streetscape Zones CAPTION: Ordinance amending the Unified Development Code by revising subsections 1.11.3 — Defined Terms, subsection, 6.13.1 Streetscape Zone and Pedestrian Amenities; establishing a new subsection 6.13.1 — Permission to Use City Sidewalks; amending the City of Corpus Christi, Texas, Code of Ordinances, by revising Section 49-2 — Obstructions Generally, and Section 49-6 — Gates opening across sidewalks; and providing for severance, penalties, and publication. PURPOSE: The purpose of this item is to amend the Unified Development Code (UDC) and the Municipal Code to allow the Director of Development Services, rather than the City Council, to approve Use Privilege Agreements (UPA) for sidewalk cafes, awnings, outdoor displays and sales, street furniture, and other improvements or structures in the public right-of-way. BACKGROUND AND FINDINGS: The UDC currently allows sidewalk cafes, awnings, outdoor displays and sales, street furniture, landscaping, art, planters, lighting, and other streetscape zone amenities on public rights-of-way through a UPA with the City. The City encourages streetscape zones and amenities that would improve the downtown pedestrian environment. All UPAs currently require City Council approval. For minor improvements, such as the streetscape zone and pedestrian amenities, the proposed code amendments would authorize the Director of Development Services to administratively approve UPAs. By authorizing the Director to administratively approve UPAs, the process will be easier and quicker for customers and will not burden the City Council with minor improvements. The other proposed text amendments to the UDC will define sidewalk cafes and clarify existing language in the Streetscape Zone Ordinance. Additionally, the City Municipal Code is being amended in order to eliminate conflicting provisions. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy. DEPARTMENTAL CLEARANCES: Development Services, Planning and Environmental Services, and Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff Recommendation (July 17, 2013): Approval of the proposed code amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code by revising subsections 1.11.3 — Defined Terms, subsection, 6.13.1 Streetscape Zone and Pedestrian Amenities; establishing a new subsection 6.13.1 — Permission to Use City Sidewalks; amending the City of Corpus Christi, Texas, Code of Ordinances, by revising Section 49-2 — Obstructions Generally, and Section 49-6 — Gates opening across sidewalks; and providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC") and Corpus Christi, Texas, Code of Ordinances; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 17, 2013, during a meeting of the Planning Commission, and on Tuesday, July 30, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 1, Section 1.1, subsection 1.11.3 of the Unified Development Code ("UDC"), entitled "Defined Terms," is amended by revising the text to read as follows: "Article 1. General Provisions 1.11 Definitions 1.11.3 Defined Terms Sidewalk Cafe: Sidewalk cafe shall mean that portion of the public right-of-way kept, used, maintained, and held out to the public as a place where food and/or drink are served for consumption on the premises. The sidewalk cafe shall be adjacent to, or in front of an establishment that sells food and/or drinks and shall not reduce the public sidewalk width to less than five feet or obstruct the required Clear Zone. SECTION 2. Article 6, Section 6.13, subsection 6.13.1 of the UDC, entitled "Streetscape Zone and Pedestrian Amenities," is amended by revising the text to read as follows: Ordinance—Sidewalk Cafe Text Amendments FINAL 7-12-2013 Page 1 of 4 "Article 6. Special Zoning Districts "6.13 Streetscape Zone Standards. 6.13.1 Permission to Use City Sidewalks. The Assistant City Manager of Development Services is authorized to approve Use Privilege Agreements for streetscape zone and pedestrian amenities such as sidewalk cafes, awnings, outdoor displays and sales, street furniture, landscaping, art, planters, lighting, and any other uses or installations that the Assistant City Manager deems appropriate for the Streetscape Zone. "6.13.42 Streetscape Zone and Pedestrian Amenities "6.13.42.A "6.13.42.B "6.13.42.0 "6.13.42.D "6.13.42.E "6.13.42.F Sidewalk Cafes 1. Owtdeer do Sidewalk cafes on public sidewalks are permitted through a Use Privilege Agreement with the City and an associated fee, `" hen a4anent to and diFently abl 4ttinn a Festal irant lenated in a h,iilrlinn provided that the sidewalk cafe shall not reduce the public sidewalk width to less than 5 five feet or obstruct the required Clear Zone (Fig. 6.13.1.F.1.). SECTION 3. Part III, Chapter 49 — Streets and Sidewalks, Article I. — In General, Division 1. — Generally, Section 49, of the Corpus Christi, Texas, Code of Ordinances, entitled "Obstructions Generally," is amended by revising the text to read as follows: Sec. 49-2. - Obstructions generally. Ordinance—Sidewalk Cafe Text Amendments FINAL 7-12-2013 Page 2 of 4 Nothing in this section shall apply to the operation of a sidewalk cafe or to the placing of any container upon any sidewalk that contains rubbish or trash for the purpose of being hauled off by the sanitation division. SECTION 4. Part III, Chapter 49 — Streets and Sidewalks, Article I. — In General, Division 1. — Generally, Section 49, of the Corpus Christi, Texas, Code of Ordinances, entitled "Gates opening across sidewalks," is amended by revising the text to read as follows.. Sec. 49-6. Gates opening across sidewalks It shall be unlawful for any person to build or have built any gates which open across the adjoining sidewalk, unless such gate is authorized by a Use Privilege Agreement for a sidewalk cafe. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Ordinance—Sidewalk Cafe Text Amendments FINAL 7-12-2013 Page 3 of 4 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance—Sidewalk Cafe Text Amendments FINAL 7-12-2013 Page 4 of 4 AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2013; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2013, and ending July 31, 2014, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $770,043,896 and estimated revenues amounting to $771,596,255 for the Fiscal Year beginning August 1, 2013, and ending July 31, 2014, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: Police officer and senior police officer - 390* Police Lieutenant - 36 Police Captain - 15 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY13-14 TOTAL 449 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Positions The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY13-14 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. 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 in this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor AN ORDINANCE APPROVING THE FY 2014 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $294,964,300. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY 2014 Capital Budget and Capital Improvement Planning Guide in the amount of$294,964,300 is hereby approved. A copy of the FY 2014 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza 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 Nelda Martinez City Secretary Mayor 1 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding water, gas, wastewater, and street maintenance rates and fees; consolidating, codifying, and adopting clarifying amendments of Ordinance No. 029876 and Ordinance No. 029877 regarding street maintenance fees; providing for publication, providing for severance, and providing effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised to read as follows: Sec. 55-50. Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): ............................. .................... �� Residential 5/8-3/a , 8.89 Commercial 5/8-3/a 42—S9 12.83 Residential and Commercial 1 49-47 19.25 11/2 4 32.09 2 62-.9G 64.1 2 3 9� 102.65 4 24-4-24 205.32 6 444-5-2- 320.81 8 and larger 624-.4D4 641.61 Large Volume Any size " ' ' 16,676.00 Temporary construction 1 44-.97- 1 9.25 11/2 44,46 32.09 2 62-.9G 64.1 2. Outside city limits "OCL" : Residential 5/8-3/a $ 10.67 3 Commercial 5/8-6 44 12 Residential and Commercial 1 22-64 73.10 15 47, 38.51 7 7 4-44 76.99 3 424.-7-7 173.18 4 244-.54- 6.38 6 47J-.4-Z-- 384.97 8 and lamer 74-4-.94 769.93 Large V mme Any size »y» Z7 % Temporary construction 1 2±4 y« 15 °«»% 38.51 4 2 7 4-44 76.99 b. Untreated water customers. Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 51 98.09' Minimum monthly service charge for public agency for resale untreated water without a �. 747.43 raw water supply contract executed after January 1, 1997' Minimum monthly service charge, industrial 494.-2-9 398.09 Minimum monthly service charge, domestic 34)9 13.76 Minimum annual service charge, domestic 137.69 Minimum monthly service charge, agricultural irrigation water service 445-.4)0 w 198.90 Minimum monthly service charge, temporary construction water service 763.70 Minimum monthly service charge, temporary large volume industrial untreated water ,- . � customers obtaining water, which is under contract to the city, from a reservoir under 1530.00 the exclusive control of a river authority 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1,1997: If the charge based on the volume of water taken in a monthly billing period is less than$237.70,the customer shall be billed$237.70,unless a valid water supply contract between the customer and city that was executed prior to � January 1.1mn.provides for a minimum annual payment. na valid water supply contract between the customer and city executed prior m August 1.umm.nm"moam,a,mn/mumannua/navmort,mooustomo,am,npawmo,mn/mumannua/navmont under the contract. c.Blended water customers. Any size $277-2-�17,82-5.00 (Z) Monthly volume charges per 1.000 gallons. a. Residential rate. 1. Inside city limits: First 2,000 Gallons Minimum* Next 4,000 Gallons $4-1-74 4.495 Next 4,000 Gallons 5-4-14- 5.619 Next 5,000 Gallons 5-.4W 6.462 Next 15,000 Gallons 7.867 Next 20,000 Gallons 9-.964- 9.553 Next 50,000 Gallons 4,649 10.395 6 'Use the minimum charges in subsection(a)(1). 2. Outside city limits: 1 . . . . ...... . . . First 2,000 Gallons Minimum* Next 4,000 Gallons $ w 1.949 Next 4,000 Gallons 2,444 2.436 Next 5,000 Gallons 2-.4-34 2.802 Next 15,000 Gallons 2-.46-7 3.411 Next 20,000 Gallons . 4.142 Next 50,000 Gallons 4,94-9 4.302 Over 100,000 Gallons 4.822 'Use the minimum charges in subsection(a)(1). b. Commercial rate. 1. Inside city limits: � 1 First 2,000 Gallons Minimum* Over 2,000 Gallons $4 5.662 7 'Use the minimum charges in subsection(a)(1). 2. Outside city limits: First 2,000 Gallons Minimum* Over 2,000 Gallons $ . 2.854 'Use the minimum charges in subsection(a)(1). c. Golf course and athletic field irrigation water inside city limits. First 2,000 Gallons Minimum* Over 2,000 Gallons $ .w 2.951 'Use the minimum charges in subsection(a)(1)for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: First 2,000 Gallons Minimum* Next 1-.,000 Gallons $7-44 7.867 Next .. Gallons 9.553 8 Next-ro Gallons 10.395 Over 4-; 7,C 00 Gallons , =' 11.238 2. Outside city limits l�tr i First 2,000 Gallons Minimum* Next l-5,000 Gallons $4,674 3.411 Next 44DOG 20,000 Gallons .42-1 4.142 Next-ro 0 30,000 Gallons 4.307 Over -; §7..000 Gallons . P- 4.872 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: First 2,000 Gallons Minimum* Over 2,000 Gallons $ . 1.00 9 'Use the minimum charges in subsection(a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: , 2111 ::.,;..,;..,;..,;..,;..;;..,;..,;..,;..,;..,;.., First 2,000 Gallons Minimum* Over 2,000 Gallons $ ' 1.628 'Use the minimum charges in subsection(a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $ .w . 4.062 'Use the minimum charges in subsection(a)(1). 2. Outside city limits: First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $4-.444 1.628 10 *Use the minimum charges m subsection$V(1). g. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1.Inside First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $2-47-9 2.779 *Use the minimum charges m subsection$V(1). 2. Outside First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $0-.94-9 0.069 *Use the minimum charges m subsection(a)(1). 3. Peaking factor[To bedsdennined.] h. Temporary water service. 1. Treated water. A. Inside city limits: 11 First 2,000 Gallons Minimum* Over 2,000 Gallons $4 5.662 'Use the minimum charges in subsection(a)(1). B. Outside city limits: First 2,000 Gallons Minimum* Over 2,000 Gallons $ . 2.854 'Use the minimum charges in subsection(a)(1). 2. Untreated water. A. Inside city limits: y n First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA 'Use the minimum charges in subsection(a)(1). B.Outside city limits: First 2,000 Gallons Minimum* 12 Over 2,000 Gallons 2 x RWCA 'Use the minimum charges in subsection(a)(1). i. Agricultural irrigation water outside city limits. A� �x 21 ter y n First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA 'Use the minimum charges in subsection(a)(1). j. Public agency forresale untreated waterrates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k.Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. First acre foot or fraction thereof Minimum* Over acre foot $1,100.00 per acre foot or fraction thereof 'Use the minimum charges in subsection(a)(1). 13 (b) Raw water cost adjustment(RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system-wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: (1) Use projected system-wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. (7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt 14 service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve)with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. 15 Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (ford. No. 9472, 8-27-1969;Card. too. 11613, 8-8-1973; Ord, No, 12208, §§ 1, 2, 8-7-1974; Ord, No, 14140, 1----3, 1-25-1978., Ord, No, 96449, §§ 1, 2, 8-12-9981; Ord, No, 16593§ 1, 10-14-1981;Ord, No. 17166, §§ 1----3, 7-28-1982;Ord, No. 17762, §§ 1, 2, 8-3-1983;Ord, No, 18331, §§ 1, 2, 7-24-1984; 'Ord. No. 1858 1, 2, 12- -1984;Ord. No, 20411, §§ 1, 2, 7-26-1988;Ord, No, 21001, § 1, 10-9-1990:Ord, No, 21438, §§ 1----4, 7-21- 1992; Ord, No, 21814,§ 1(a)-(c), 12-14-1993,-Ord, No, 22741, § 1, 11-12-1996,- Ord, No, 22832, § 1, 1-28- 19 T Ord, No, 22879, § 1, 3-25-199T Ord. No, 23706, § 1, 7-20-1999;Ord, No, 23910, § 1, 1-11-2000, Ord, No, 24132, § 1, 7-23"2000:Ord, No, 24531, § 1a, 7-24-2001. Ord, too. 24969, § 1, 7-23-2002; Ord, No, 23386, § 1, 7-22-2003;Ord, No, 023866, § 1, 7-27-2004;Ord, No, 026368, § 1, 7-26-2005; Ord, No, 026900, § 1, 7-23-2006; Ord, No. 027355 1, 7-24-2007;Card, No, 027781, § 1, 7-22-2008,-Ord, No, 028256, § 1, 7-28-2009,-Ord, No, 028686, § 1, 7-20-2010;Ord, No, 029158, § 1, 7-26-2010, Ord, No, 029386, § 1, 2-28-2012;Ord, No, 029584, 1, 7-31-2012) SECTION 2. The water rates established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2013. SECTION 3. Section 55-61 of the Code of Ordinances regarding gas rates is revised to read as follows: Sec. 55-61. Classification of customers and schedules of rates. (a) Residential customers. (1) Inside city limits: a. Winter rates from November Cycle 11 through April Cycle 10 . r 16 Meter Charge $4:QG 1.03 First 1 MCF (minimum bill) 9.70 Next 2 MCF -474G 5.43 Next 3 MCF . 3.14 Next 4 MCF 3.0 Next 20 MCF 2.96 Next 20 MCF 2.53 All over 50 MCF 2-.94- 2.1 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. b. Summer rates from April Cycle 11 through November Cycle 10 . ;,. � *11 Meter Charge $44)91.03 First 1 MCF (Minimum Bill) .70 Next 2 MCF w. 5.43 17 Next 3 MCF 4-.Q4 3.14 Next 4 MCF 2 � 2.36 Next 20 MCF 4,54 1.58 Next 20 MCF 4,50 1.54 All over 50 MCF 1.40 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). Meter Charge $4-2 1.28 First 1 MCF (minimum bill) 11.92 Next 2 MCF 5-94 .0 Next 3 MCF 3 3.52 Next 4 MCF . 3.42 Next 20 MCF 2.22 Next 20 MCF 2.83 18 All over 50 MCF ' 2.35 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Meter Charge $4 1.28 First 1 MCF (minimum bill) 44,49 11.97 Next 2 MCF 5-94 .0 Next 3 MCF 3.52 Next 4 MCF w 2.64 Next 20 MCF 1.77 Next 20 MCF 1.72 All over 50 MCF 4-5-54 1.57 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (b) General rate customers (commercial, industrial, and institutional rates): 1 Inside city limits: 19 Meter Charge $4-22 12.32 First 1 MCF (minimum bill) 9.93 Next 2 MCF 3.43 Next 3 MCF 3.02 Next 4 MCF 4,944.98 Next 40 MCF 4.88 Next 50 MCF 2.1 Next 100 MCF 1.23 Next 100 MCF 1.34 Next 700 MCF 1.42 Next 1,000 MCF Z" 1.22 Next 13,000 MCF 1.14 All over 15,000 MCF 4,941.09 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: 20 Meter Charge $4-5— 15.40 First 1 MCF (minimum bill) .' 17.74 Next 2 MCF --5-.-94 .0 Next 3 MCF w.w 5.68 Next 4 MCF 4--.445.58 Next 40 MCF w, - 5.47 Next 50 MCF , 7.35 Next 100 MCF 1.96 Next 100 MCF 1.77 Next 700 MCF 1.65 Next 1,000 MCF 1.42 Next 13,000 MCF Z" 1.78 All over 15,000 MCF 1.77 21 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (c) Seasonal customers (partial year service)rates. (All customers who have requested a cutoff and re-connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): 1 Inside city limits: Meter Charge $ 4-.QG 1.03 First 1 MCF (minimum bill) 44-74 16.10 Next 2 MCF 44-44 14.54 Next 3 MCF 10.7 Next 4 MCF 6.91 Next 30 MCF 2.96 Next 20 MCF 2.53 All over 50 MCF 2-.94- 2.1 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: 22 St Meter Charge $ w 1.78 First 1 MCF (minimum bill) 44-.-g-7 19.34 Next 2 MCF 4-5-.S4 16.78 Next 3 MCF 17.01 Next 4 MCF w w 7.74 Next 20 MCF 3.37 Next 20 MCF 7.83 All over 50 MCF 274G 7.33 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven (7) summer months that exceeds the five (5) winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): (1) Inside city limits: 23 Meter Charge $42,442 17.37 First 1 MCF (minimum bill) 4.499.93 Next 2 MCF 3.43 Next 3 MCF w 5.07 Next 4 MCF 4.40 Next 40 MCF 3.71 Next 150 MCF 1.38 Next 100 MCF 1.47 Next 700 MCF 1.77 Next 1,000 MCF 1.14 Next 13,000 MCF 4,961.09 All over 15,000 MCF 4,941.04 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (2) Outside city limits: 24 r > > Meter Charge $4--5- 15.40 First 1 MCF (minimum bill) 17.74 Next 2 MCF --5-.-94 .0 Next 3 MCF 4-545.68 Next 4 MCF 4.93 Next 40 MCF 4.1 Next 150 MCF 1.77 Next 100 MCF 1.65 Next 700 MCF 4-7441.42 Next 1,000 MCF 44-41.28 Next 13,000 MCF 1.77 All over 15,000 MCF 3 1.1 25 Note: Rates do not include purchased gas adjustment and sales tax,where applicable. (e) Purchased gas adjustment. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier(14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. (f) Interruptions. Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. (Carle 1953, §§38-46, 33-47, Ord, No, 3552, § 1, 3-2-1967,Ord, Cleo. 9635, § 1, 3-25-1970,,Ord, No, 9312, § 1, 6-24-1970;`}re1. No, 9333, §2, 3-12-1970,`}rd, No, 11614, § 1, 3-3-1973,`}rd, No, 11755, § 1, 10-24-1973, Cre1, 1160. 11367 § 1, 1-9-1974, Ord, No, 12210, § 1, 3-7-1974, Ord, No, 15043, § 1, 3-3-1979, Ord, No, 15701, §§ 1, 3, 3-13-1960; Cre1, No, 15950,§§ 1, 3, 12-24-1930,Ord, No, 16451 § 1, 3-12-1931, Cre1, No, 16562, § 1, 10-7- 1961; Ord, No, 17155,§§ 1, 2, 4, 7-23-1932,-Ord, No, 17761, §§ 1, 2, 4, 3-3-1963,Cr3, No, 16939,§§ 1, 2, 4, 7- 23-1935; Cre1, No, 21001, § 1, 10-9-1990,- Ord, No, 21439,§ 1, 7-21-1992,-Ord, No, 21314, § 1(d), 12-14-1993; Orel, No, 23706, § 1, 7-20-1999,-Ord, No, 24132, § 1, 7-25-2000,-Ord, No, 24531, § 1c, 7-24-2001; Cre1, No, 24969, §4, 7-23-2002,Orel, No, 25396, §4, 7-22-2003,-Ord, No, 0125366, §3, 7-27-2004, Cre1, No, 0126363, §3, 7-26-2005.,Ord, No, 026900, §3, 7-25-2006,-Ord, No, 027355, §3, 7-24-2007 Cre1, No, 027731, §5, 7-22-2003; Cre1, No, 023256, §3, 7-23-2009,-Ord, No, 023633, § 1, 7-20-2010) SECTION 4. The gas rates established in Section 3 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2013. SECTION 5. Section 55-70 of the Code of Ordinances regarding water utility tap fees is revised to read as follows: 55-70. Adoption of rules, regulations and water and gas fees. The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (1) Utility tap applications. Applications for water, gas or sewer taps may be accepted from anyone who has properly applied for a building or plumbing permit for taps to be 26 made inside or outside the city, and the fees for such taps shall be paid before the permit is issued. Impact fees have been adopted in accordance with the Texas Local Government Code, Chapter 395 for certain areas of the city. The fee schedule and map for such fees in contained in Appendix A of the Platting Ordinances of the City Corpus Christi. (2) Utility tap fee payment. Utility tap fees will be paid in cash upon application of utility taps. Where applicant has requested a water line extension and water tap, he may make payment upon an installment basis as hereto set forth. Water tap charge and water line extension charge may be paid upon an installment basis with the owner being furnished the necessary forms for execution including a promissory note and mechanic's and materialman's lien contract. If a cash payment is made at the time of delivery of the executed note and mechanic's lien paper, the note shall be for the balance of the installation charges. If no cash payment is made, the note shall be for the total amount of the installation charges applicable to the property to be served. There shall be a carrying charge on any balance of five (5) percent per annum for the period covered by all of the installation payment, with such total payable in monthly installments not exceeding twenty- four(24) installments. All monthly installments will be made at the accounting office of the city department of public utilities and will be due and payable monthly on the same due date as the regular utility bill applicable to the property. Such installment note and contract shall contain a provision to the effect that the property owner agrees to make the monthly payments as therein set forth and further that the owner's water meter deposit can be applied to any payment becoming delinquent. Such contract shall also provide that the city shall have the right to discontinue water service to the property in the event any of the installment payments become delinquent. (3) Utility tap fees defined. Utility tap fees are separate and distinct from any plumbing permit or inspection fees and will not be construed as being a part of or as including such fees. (4) Utility tap fees extra charges. No charges will be made in addition to utility tap fees for street cuts; however, for taps outside the city, which cannot be readily made to existing lateral lines provided for such services or for taps which involve major highway crossings or taps to major mains or trunk lines and similar cases, charges will be made to cover the entire cost of all work and material, including meters, if any, as estimated by the city. (5) Fee schedule, gas: (a) Inside city limits: tr Gas—Residential, 1 and 2-family dwelling $100.00 $100.00 27 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request. (b) Outside city limits: Gas—Residential, 1 and 2-family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request. (6) Definition of street taps and easement taps. (a) Street tap fees will apply to all taps made to laterals or mains in front or at the side of property to be served, regardless of whether the line to be tapped is in the street, behind the curb or in some similar position. 28 (b) Easement tap fees will apply to all taps made to mains or laterals in the rear of the property to be served, where such lines are in dedicated or established easements or alleys. (7) Service to be provided for fees. Gas, sewer and water taps will be made and services installed to a standard location. Necessary meters and regulators will be installed. The entire installation will remain the property of the city and will he maintained by the city for as long as services available from the city are desired on the property by the occupant. Maintenance of privately-owned service lines, or parts of service lines, on private property will be the responsibility of the owner, occupant or consumer. Failure to maintain such service lines will subject the service in question to discontinuance by the city. (8) Availability of service. The existence of mains or trunk lines, or even lateral lines, near a property will not constitute an obligation for she city to cap such lines on request for taps, where such lines are inaccessible due to necessary crossings of major highways or major streets or due to excessive cost or excessive distance. These special cases must be arranged for with the director of public utilities well in advance of the desired service date, to permit necessary extensions, crossings or similar construction. (9) Fee schedule, water. (a) Inside city limits: 5/8 inch x 3/a inch $5 -9 617.10 $ 4.4�9 515.90 3/a inch 5744-19 633.60 4 537.40 1 inch � 807.40 644-.-QG 705.10 Over 1 inch Special* Special* Loops*, minimum 275.00 275.00 Meter moves*, minimum .00 .00 29 *Denotes costs to be specified by the director of water utilities based on circumstances. (b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. ................. ..................................:. 5/8 inch x 3/a inch $ 185.90 3/a inch 494-.-P-0 201. 0 1 inch 0.80 c Outside city limits: 5/8 inch x 3/a inch $-7 539.30 $4-99.-Gg 657.80 3/a inch ".. 860. 0 444-.-GG 673.40 1 inch 1 1123.30 .-Gt-900.90 Over 1 inch Special* Special* Special* Loops*, minimum 474-.-GO 411.40 474-.-GO 411.40 Meter moves*, minimum 97.90 97.90 30 *Denotes cost to be specified by the director of water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. 5/8 inch x 1/4 inch $44-9L.-W 185.90 1/4 inch 444-.-OG 201.30 1 inch 249-.-99 250.80 (1966 Supp_ §38-26., Ord, No, 10083, § 1, 1-20-1971.,Ord, No, 16383, § 1, 7-15-1981.,Ord, No, 16447, § 1, 8- 12-1981., Ord, No, 16453, § 1, 8-12-1981,- Ord, No, 22913,§ 10, 4-22-199T Ored, No, 026369, §2, 7-26-2005. Ord, No, 027395, §2, 8-28-2007.,Ord, No, 027854, §2, 9-16-2008.,Ord, No, 028260, § 1, 7-28-2009.,Ord, No, 028326, §2, 9-29-2009,-Ord, No, 028686, §5, 7-20-2010,- Ord, No, 028792, §2, 9-28-2010) SECTION 6. The water rates established in Section 5 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2013. SECTION 7. Section 55-100 of the City Code of ordinances regarding wastewater rates is revised to read as follows: Sec. 55-100. Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: .......... 4 ........... ............. .......... ...... . . . . . . . . . . . . . . . . . . . . . . . . .......... Inside city limits $ 25.96 One-family minimum monthly charge (first 2,000 gallons) 31 Inside city limits 4,945.25 One-family per 1,000 gallons over 2,000 Inside city limits 44-549 146.71 One-family maximum monthly charge (up to 25,000 gallons) Outside city limits 24.4-5 32.45 One-family minimum monthly charge (first 2,000 gallons) Outside city limits 11.65 One-family per 1,000 gallons over 2,000 Outside city limits ,fig 300.40 One-family maximum monthly charge (up to 25,000 gallons) Inside city limits w 5 35.37 Commercial minimum monthly charge (first 2,000 gallons) Inside city limits -3-.443.76 Commercial per 1,000 gallons over 2,000 Outside city limits fl 44.21 Commercial minimum monthly charge (first 2,000 gallons) Outside city limits 7.53 Commercial per 1,000 gallons over 2,000 (b) The amount of water used to compute the monthly bills to one-family residential customers shall be computed on the basis of the "winter average" or"interim average"that is calculated under this subsection. (1) Definitions. a. Winter averaging wastewater charge period:The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year. 32 b. Winter average usage:The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. c. Interim average:The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" is recalculated each year based on the total "winter average usage" of all customers subject to winter averaging divided by the number of winter averaging customers, and is be the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area:The geographic region served by the city's wastewater system. (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one-family residential customers only. c. The "winter average usage"shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. d. The following method will be used to calculate a customer's "winter average usage": 1. Add the three (3) winter months'water consumption to get total water consumption. 2. Divide three-month usage amount by three (3)to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. e. Using the winter average usage, apply the applicable rates established in subsection (a)to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after June 30 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. 2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their"winter average" rate at the previous address, whichever is less. 33 3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. (3) Administrative change in rates. a. LS�n ila�{he �r ita c err a 3r� _d 44r'rt°e th4 rsri -The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the adjusted rate will produce an amount equal to the ba&atr! eted.revenues, 4E�'e*r b. In r intvhirhrliminr t vintr vrtt i available to be used in the utility rate model for determining w t w t r rate, th �t �t �t �tv t �tv t r rates will not be ubi ct to n administrative channe in rates runless the find winter aver J! e data is mater 11 different than Dr lien data, difference of at least % shall be considered material. (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty(250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty(250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148. (Code 1953, §33-491 Ord, No, 9363, § 1, 7-2,9-1970., Ord, No, 11612, § 1, 3-3-1973.,Ord, No, 12209, § 1, 3-7- 1 74. Ord, No. 12656,§ 1, 6-25-1975,-Ord, No. 93360, § 1, 8-3-997T Ord, loo. 96706,§ 1, 8-93-9960;°err!. No. 164413, § 1, 3-12-1931;Ord, No, 17156, §1, 7-23-1932;Ord, No, 17763, § 1, 8-3-1933;Ord, No, 18352, § 1, !r_ 24-1934; Orel, No, 13940, § 1, 7-23-1935; Ord, No. 19403,§ 1, 7-29-1986,-Ord, No. 20412, § 1, 7-26-1988,-Ord, No, 20743, § 1, 3-3-1939,- Ord, No, 21001, § 1, 10-9-1990;Ord, No, 21440, § 1, 7-21-1992;Ord, No, 21662, § 1, 5-25-1993;Ord, No. 21671, § 1, 6-3-1993;Ord, No. 21314, § 1(e), (0, 12-14-1993;Ord, No. 21965, § 1, 6-14- 34 1994 Qn± No, 22743 § t 11-12-1996,-Ord, No, 23706, § 1' 7-20-1999,- Ord, No, 24132, § 1' 7-25-2000,- Ord, No, 24531' § le, 7-24-2001., Ord, No, 24969, §6, 7-23-2002�Ord, No, 25396, §6, 7-22-2003i Ord, No, 025866, §5, 7-27'2004�Ord, No, 226368, §5, 7-26-2005i Ord, No, 026900, §5, 7-25-2006,-Ord, No, 027355, §5, 7-24- 200T Ord, No, 027781' §7, 7-22-2008,-Ord, No, 028256, §5, 7-28-2009,- Ord, No, 028690, § 1' 7-20-2010� Ord, No, Q29164 §3, 7-26-2011) SECTION 8' Section 55-148Of the City Code Of ordinances regarding wastewater surcharges iS revised tO read @Sfollows: Sec. 55-148. Fees. (a) Abnormal wastewater surcharge. (1) Any user generating wastewater which exhibits none of the characteristics of prohibited wastes as described in subsection 55-141(a), but which has an average concentration nf biochemical oxygen demand, has an average concentration nf chemical oxygen demand, or contains total suspended solids in excess of normal wastewater(as defined in subsection 55'140(c)). maybe required to pretreat to meet the requirements of normal wastewater or such other more stringent parameters as the city may determine as necessary and appropriate to the particular treatment plant receiving such abnormal wastewater. Pretreated abnormal wastewater may be accepted byaPOTVVif all the following requirements are met: a. The wastes will not cause damage tn the collection system. b. The wastes will not impair the treatment processes. c. The user pays the applicable surcharge over and above published sewer notes, as provided herein; and d. The waste is amenable to treatment such that when it leaves the treatment plant to be discharged, the waste does not exceed, nr cause the total discharge to exceed, the standards set by federal and state agencies having jurisdiction. (2) Prior to imposition of suncharge, the user shall be notified in writing that his waste discharge is in excess nf normal wastewater as established in this article. (3) Surcharges will be adjusted on billings for the month fn||nvving submission of new data but not more frequently than quarter|y, unless authorized by the director. (4) The volume of flow used in computing abnormal wastewater surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the city of utilities department. In the event that a person discharging waste into the POTVVproduces evidence tnthe city demonstrating that portion nf the total amount of water used for all purposes does not reach the POTW, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon his request, to measure only that portion of the total flow being discharged into the POTVV. Upon request by the user, credit may be a||nvved by the city for evaporation, product water exported from the user or other operational consumption through which 35 such water is not discharged to the POTW. If it is impossible to show volume by metering, then recognized industry standards designated by the city shall apply. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (5) Any person discharging industrial waste into the POTW who procures any part or all of his water supply from sources other than the city utilities department, all or part of which is discharged into the POTW, shall install and maintain at his expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water as measured by the aforesaid meter, or meters, does not enter the POTW of the city, then the user if he so elects, may install additional approved meters at the user's expense in such a manner as to measure the quantity of water actually entering the said POTW system from the premises of such user, and the quantity of water used to determine the wastewater service charge and abnormal wastewater surcharge shall be the quantity of water actually entering the POTW as so determined. (6) Computations of each surcharge, as applicable, shall be based on the following: S = V x 8.34 x X x(COD-562) S = V x 8.34 x Y x(BOD-250) S = V x 8.34 x Z x(TSS-250) S = Surcharge in dollars for the billing period. V=Water consumption in millions of gallons during the billing period. 8.34 =Weight of water in pounds per gallon. X = Unit charge in dollars per pound for COD as established in subdivision (8) of this subsection. Y= Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. Z= Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. COD = Chemical oxygen demand strength index in parts per million by weight, or mg/I. BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/I. TSS =Total suspended solids strength index in parts per million by weight, or mg/I. 250 = Normal BOD and TSS strength in parts per million by weight, or mg/I. 562 = Normal COD strength in parts per million by weight, or mg/I. (7) The city reserves the right to review and approve any waters or industrial waste entering the POTW or proposed to be discharged into the system having an average daily flow greater than ten (10) per cent of the design flow capacity of the plant which will treat 36 the waste. In the event the city's measurement discloses such flow to be in excess of ten (10) per cent of said capacity, the city shall be under no obligation to receive such flow in excess of ten (10) per cent of design capacity and the city's published rates shall not apply to such excess. An owner affected hereby shall be promptly notified of such determination by the city. A special contract, at the city's option, may be made with the user to accommodate such excess flow. (8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are: � v X (unit charge in dollars per pound of COD) $0.0000 Y (unit charge in dollars per pound of BOD) -07 0.4014 Z (unit charge in dollars per pound of TSS) 54 0.2332 (b) Pretreatment charges and fees. The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include: (1) Fees for wastewater discharge permit applications including the cost of processing such applications as set forth in the wastewater fee schedule. (2) Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by the industrial user. (3) Fees for reviewing and responding to accidental discharge procedures and construction. (4) Fees for filing appeals. (5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the city. (Ord, No, 21666, § 1, 6-1-1993;Ord, No, 21314, § 1(g), 12-14-1993; Ord, No, 23706, § 1, 7-20-1999; Ord, No, 24932, § 1, 7-25-2000.,Ord, No, 24531, § 1c0, 7-24-2001., Ord, No, 24969, §3, 7-23-2002., Ord, No, 25377, § 13, 7-22-2003;Ord, No, 25396, §3, 7-22-2003;Ord, No, 025666, §7, 7-27-2004; Ord, No, 026366, §7, 7-26-2005; 37 Ord, No, 026900, §7, 7-26-2006,Ord, No. 027366, §r, 7-24-200T Ord, too. 027781, §9, 7-22-2006;Ord, No. 023236, §7, 7-26-2009,Ord, No. 020690, §3, 7-20-2010) SECTION 9. The wastewater rates established in Section 7 and Section 8 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2013. SECTION 10. The Code of Ordinances is amended to add Article XX to Chapter 55, Utilities, titled "Street Preventative Maintenance Program," with three divisions, titled as follows: CHAPTER UTILITIES "ARTICLE STREET PREVENTATIVE MAINTENANCE PROGRAM DIVISION 1m Reserved. Secs. -605® -6100 Reserved. DIVISION 2. Reserved. Secs. 5-610® 5-6200 Reserved. DIVISION 3. STREET MAINTENANCE FEES" SECTION 11. The Code of Ordinances is amended by adding Section 3, "Fee Established," of Ordinance No. 029876 (adopted by City Council on June 25, 2013) to Division 3, "Street Maintenance Fees," and renumbering as Section 55-621 of the Code to read as follows: "DIVISION 3. STREET MAINTENANCE FEES Sec. 55-621. Fee Established. A Street Maintenance Fee is established. to be implemented by policies, rates, and methodologies established by separate ordinance. Te_City Council finds, determines and declares that in order to protect the citizenry from the deterioration of the quality and safety of the Street System that they rely upon and use on a rggular basis, it is necessary and in the best interest of the public health and safety to establish a Street Maintenance Fee in order to provide a properly maintained road system. To_this end, the City Council will establish a schedule of Street Maintenance Fees subject to the limitations of the state law to cover the costs to the City to provide maintenance of the Street System. The City will offer this maintenance service in a nondiscriminatory, reasonable and equitable manner. 38 Council hereby establishes a Street Maintenance Fee, imposed against, and to be paid by, each Utility Customer and owner of Benefitted Property the city limits, set in amounts that will provide sufficient funds to properly maintain the Street System. (b) Collection of the Fee against each Benefitted Property shall be made by a monthly charge to be added to the utility bill for such property. (c) Council will by separate ordinance establish the rate based upon the cost to the City for maintaining the Street System." SECTION 12. The Code of Ordinances is amended by adding Sections 1 through 17 of Ordinance No. 029877 (adopted by City Council on June 25, 2013) to the Code, by inserting Sections 1 through 17 after Section 55-620, "Fee Established," of Division 3, "Street Maintenance Fees," and renumbering accordingly, so that Section 1, "Definitions," from Ordinance No. 029877 is added to the Code and renumbered as Section 55-621, "Definitions," with the body of the section inserted below each title, and Section 2, "Findings," is added to the Code and renumbered as Section 55-622, with the body of the section inserted, and so on, with the disposition of sections renumbered the same or similar to what is shown below: Section 1 Definitions (Ordinance No. 029877) is codified as Sec. 55-621. DEFINITIONS. Section 2 Findings (Ordinance No. 029877) is codified as Sec. 55-622. FINDINGS, and so on . . . Sec. 55-621. DEFINITIONS. Sec. 55-622. FINDINGS. Sec. 55-623. TRIP FACTORS. Sec. 55-624. STREET FEE-ONLY ACCOUNT. Sec. 55-625. FEE CALCULATION. Sec. 55-626. RESIDENTIAL BENEFITTED PROPERTY. Sec. 55-627. NONRESIDENTIAL BENEFITTED PROPERTY. Sec. 55-628. BILLING AND COLLECTION OF FEE. Sec. 55-629. RECOVERY OF UNPAID FEE. Sec. 55-630. STREET MAINTENANCE FUND. Sec. 55-631. RULES. Sec. 55-632. APPEALS. Sec. 55-633. DISPOSITION OF FEES AND CHARGES. Sec. 55-634. LOW-INCOME DISCOUNT. Sec. 55-635. EXEMPTIONS. Sec. 55-636. EFFECTIVE PERIOD. Sec. 55-637. LIABILITY. SECTION 13. The Code of Ordinances is amended to revise the Section 55-626 "Residential Benefitted Property," codified above (Section 6 of Ordinance No. 029877 adopted by Council on June 25, 2013) by inserting before the first paragraph a new first paragraph that reads as follows: "Sec, 55-626. Residential Property. 39 "The Director shall determine the Fee for Residential Benefitted Property on the basis of factors that include the trip generation rate published b� the lnstitute of Transportation Engineers for residential use of the The Fee for Residential Benefitted Property shall be SECTION 14. The Code of Ordinances is amended to revise Section 55-629 "Recovery of Unpaid Fee," (Section 9 of Ordinance No. 029877 adopted by Council on June 25, 2013) by deleting the last sentence in the paragraph or section as follows: "Sec. 55-6290 RECOVERY OF UNPAID FEE. The City may recover a Street Maintenance Fee that is not paid when due in an action at law. SECTION 15. The Code of Ordinances is amended to revise Section 55-628 "Billing and Collection of Fee," (Section 8 of Ordinance No. 029877 adopted by Council on June 25, 2013), to read as follows: "Sec. 55-628. BILLING AND COLLECTION OF FEE. The Street Maintenance Fee shall take effect and LL applied_.apain�t all enefitted Property for services provided on or after Japuapp4-20-44-44Kjpm'n-g-January 1, 2014. Fees will be billed and collected each month on the utility bill for each Benefitted Property. Payment is due upon receipt of the bill. The Utility Customer is responsible for apportionment of Fees to any person or persons leasing units of the Benefitted Property." SECTION 16. The Code of Ordinances is amended to revise Section 55-632 "Appeals," (Section 12 of Ordinance No. 029877 adopted by Council on June 25, 2013), to read as follows.. "Sec. 55-632.APPEALS. The City Council shall adopt an appeals process by separate action of the City Council. io��otiv@ only. A Gu-stemer may not feGewa-a from a at at at at at 40 SECTION 17. The Code of Ordinances is amended to revise Section 55-633 "Disposition of Fees and Charges," (Section 13 of Ordinance No. 029877 adopted by Council on June 25, 2013), to read as follows: "Sec. 55-633. DISPOSITION OF FEES AND CHARGES. The Fee paid and collected by virtue of this article shall not be used for the general or government proprietary purposes of the City, except to pay for the equitable share of the cost of accounting, management and government thereof of the SPMP. Other than as described above, the fees and charges shall be used solely to pay for the cost of operation, administration, planning, engineering, development of guidelines and controls, inspection, maintenance, repair, improvement, and renewal of the Street System under the SPMP and the costs incidental thereto. SECTION 18. The Code of Ordinances is amended to revise Section 55-635 "Exemptions," (Section 15 of Ordinance No. 029877 adopted by Council on June 25, 2013) to read as follows: "Sec. 55-635. EXEMPTIONS. This article does not apply to a city, county, state, federal agency or department, hospital district, publicly funded independent school district or charter school, public institution of higher education, or regional transit authority. This article does not apply to vacant property that generates no Motor Vehicle Director may adopt any reasonable method to determine whether g_pLqperty is vacant and generates no Motor Vehicle This article does not apply to a property that i� used only for off®street parking. In order for an exemption under this section to apply, a person entitled to an exemption under this section must notify the Director of the Utility Business Office of the applicable SECTION 19. The Code of Ordinances is amended to revise Section 55-636 "Effective Period," (Section 16 of Ordinance No. 029877 adopted by Council on June 25, 2013) to read as follows: "Sec. 55-636. EFFECTIVE PERIOD. 41 This Ordinance takes effect immediately upon its passage and continues for ten years after January 1, 2014. This Ordinance ceases to have effect on January 1, 2024 — date of its final pa&sag-e., unless further Council action is taken to extend this Ordinance." SECTION 20. The Code of Ordinances is amended to add a new Section 55-638 "Periodic Review of Rates," to read as follows: "Sec. 55-6380 PERIODIC REVIEW OF RATES. City Council will periodically review the street maintenance fees and rates." SECTION 21. Any and all section numbers in this ordinance intended to represent new a new section number of the Code of Ordinances may not be interpreted to be material. If for any reason, in order to implement the purpose of this ordinance and codify any sections as provided herein any or every section number not in sequence with the Code of Ordinances must be revised, then each section number shall be so revised and renumbered as necessary and appropriate, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 22. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 23. 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. 42 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 0 ¢ aRY AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of July 16, 2013 Action Agenda Item for the City Council Meeting of July 23, 2013 DATE: 6/24/2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMoC_cctexas.com; 361-826-3464 Parks and Recreation FY14 new fees and fees increasing more than 25% CAPTION: Resolution adding new rental and recreational use fees for fiscal year 2013-2014 and providing for publication; effective date; and severance of the same. PURPOSE: Approve new fees and fees increasing more than 25% for Fiscal Year 2014. BACKGROUND AND FINDINGS: With increased use of community parks and facilities during holiday weekends or special events, vehicle entry fees will reduce unnecessary traffic. A pilot program at Labonte Park over 2013 Easter weekend proved very beneficial. This will also provide the Parks and Recreation department an opportunity to earn additional revenue to offset the cost of trash removal and security. Currently, customers are required to secure a $15.00 moonwalk permit to have an authorized inflatable games vendor provide services for their event on City property. This resolution would eliminate the $15.00 moonwalk permit paid for by the customer, and replace with a $200 annual permit paid for and issued to state licensed inflatable games vendors. An additional Special Event Permit of $200 is proposed for a `medium' sized special event of 500 to 1,000 attendees. The current special event permit for event with 1 to 500 attendees is raised to $100. Both new fees have been included in the FY14 proposed budget as revenue in the general fund. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Revenue Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): General Fund Comments: No net increase of revenue. RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — FY14 New Fees — Parks and Recreation Exhibit B — FY 14 Fees Increased More Than 25% Resolution adding new rental and recreational use fees for fiscal year 2013-2014 and providing for publication; effective date; and severance of the same. Whereas, Section 36-7 of the Code of Ordinances requires City Council approval, by motion or resolution, for creation of any new user fees, or increases of existing user fees by more than 25 percent, for parks and recreation department facility use; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves new parks and recreation department recreational use fees as shown in Exhibits A and B attached, for Fiscal Year 2013-14. Section 2. This resolution is effective August 1, 2013. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Nelda Martinez, Mayor APPROVED: June 26, 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. EXHIBIT A FY14 NEW FEES - Parks and Recreation Program Area Current Fee Proposed Diff. PERCENT Fee CHANGE SPECIAL SERVICES Vehicle Entry Fee (per vehicle per day) $ - $2.00 $ - NEW Entry to community parks for Holiday weekends or special events Medium Special Event Permit(500 -1000 attendees) $ - $ 200.00 $ - NEW Add category between small(less than 500)and large(greater than 1000) events Inflatable games vendor permit (annual) $ - $ 200.00 $ - NEW Will replace individual moonwalk permits obtained by citizens EXHIBIT B FY14 - Fees Increasing More than 25% Current Proposed PERCENT Program Area Fee Fee ��ff' CHANGE SPECIAL SERVICES Small Special Event permit (0-500 attendees) $75.00 $100.00 $25.00 33.3% .4@US Ga 0 AGENDA MEMORANDUM N�oP©gyp EO Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: July 9, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Michael Morris, Director of Parks and Recreation michaelmo @cctexas.com, (361) 826-3464 Resolution Supporting Destination Bayfront CAPTION: Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan, Schematic Design and the phasing plan outlined therein prepared by Hargreaves Associates for the Destination Bayfront Project ("Project"); directing staff to prepare an ordinance calling for a November 5, 2013 Election with language for a bond proposition to fund the construction of the Project; authorizing the City Manager or designee to execute Amendment No. 11 to the Professional Services Contract with Hargreaves Associates, Inc. in the amount of $1,936,300 and Amendment No. 2 to the Testing Agreement with Rock Engineering &Testing Laboratory in the amount of $102,500, contingent upon voter-approval of the Bond Proposition. PURPOSE: The purpose of this Agenda Item is to direct staff to develop an ordinance for a November 5, 2013 General Obligation Bond Election to include the Destination Bayfront Project, adopt the project's Master Implementation Plan, schematic design and phasing plan and approve an Amendment and Testing Agreement to facilitate the completion of the design phase conditional upon the passage of the project in a General Obligation Bond election. BACKGROUND AND FINDINGS: Hargreaves Associates, Inc. (Hargreaves) was selected for this project as a result of RFQ No. 2011-04 Bond Issue 2008. The Master Implementation Planning and Phasing contract was approved by Council on December 13, 2011. The contract provided required planning, architectural, and engineering services to develop park and recreational facilities along Shoreline Boulevard. On February 19, 2013, a presentation on the Master Implementation Plan and Schematic Design for Destination Bayfront was made to City Council for their review and consideration. The presentation included information on project cost by phases and capital funding strategy. The proposed cost of the project includes: Phase One: $53,400,000 Phase Two: 15,700,000 $69,100,000 The Capital Financing for Phase One includes: Phase 1 Cost: $53,400,000 Minus 5,500,000 Existing Public Funding Minus 3,300,000 Supplemental Funding $44,600,000 to be funded from a General Obligation Bond Election AMENDMENT#11 BACKGROUND: This contract will authorize Hargreaves to proceed with the next phase of the project, the Design Development phase. Hargreaves will provide design development documents for the entire Destination Bayfront site. Services to be provided Include surveying, civil and structural and electrical design for the entire site, landscaping, water feature design, lighting design and signage strategy for the entire site, architectural, structural, mechanical, electrical, and plumbing for buildings. This project will include an allocation for Public Art and design of site integrated artwork up to $700,000 in value, as per City's 1.25% requirement. The design team will work with the client group to select an artist. Staff is asking the Council to approve Amendment #11 with Hargreaves Associates, Inc. in the amount of $1,936,300 at this time. A notice to proceed with design services will not be issued unless the project is approved by voters during a November 2013 Special Election. The required Geotechnical Services contract with Rock Engineering, if approved by Council today, will not be authorized unless the Destination Bayfront Proposition is approved by voters in November 2013. ALTERNATIVES: 1. Approve the Resolution as recommended. 2. Do not execute the Resolution as proposed. OTHER CONSIDERATIONS: This project is being designed in conjunction with the Bayfront Development Phase 3 Project approved by voters in the November 2008 Bond Election. Under this project, the northbound traffic lanes of Shoreline Drive will be realigned to become adjacent to the southbound lanes thereby creating a large green space along Shoreline Boulevard from Furman Avenue to Coopers Alley. This project recently bid and is pending review and construction contract award. CONFORMITY TO CITY POLICY: Conforms to City policy regarding Resolutions approved by City Council and the amendments comply with the Professional Procurement Act and City Policy. 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 $2,727,800.00 $3,746,200.00 $8,798,800.00 $15,272,800.00 Encumbered/Expen $2,727,800.00 $2,727,800.00 ded Amount This item $1,936,300.00 $1,936,300.00 (Hargreaves) This item (Rock $102,500.00 $102,500.00 Engineering) Future Anticipated Expenditures This $1,707,400.00 $8,798,800.00 $10,506,200.00 Project BALANCE $0.00 $0.00 Fund(s): Bayfront Development CIP 2008 RECOMMENDATION: City Staff recommends the approval of amendments. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Amendment No. 11 with Hargraves Associates, Inc. Amendment No. 2 with Rock Engineering Resolution approving and adopting the Corpus Christi Destination Bayfront Master Implementation Plan, Schematic Design and the phasing plan outlined therein prepared by Hargreaves Associates for the Destination Bayfront Project ("Project"); directing staff to prepare an ordinance calling for a November 5, 2013 Election with language for a bond proposition to fund the construction of the Project; authorizing the City Manager or designee to execute Amendment No. 11 to the Professional Services Contract with Hargreaves Associates, Inc. in the amount of $1,936,300 and Amendment No. 2 to the Testing Agreement with Rock Engineering &Testing Laboratory in the amount of $102,500, contingent upon voter-approval of the Bond Proposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Destination Bayfront Master Implementation Plan prepared by Hargreaves Associates, Inc. ("Hargreaves") for the Destination Bayfront Project is approved and adopted. SECTION 2. The Schematic Design ("Destination Bayfront 100% Schematic Design") prepared by Hargreaves for the Destination Bayfront Project, including the phasing plan outlined therein, is approved and adopted. SECTION 3. Staff is directed to prepare, for City Council's consideration, language for an ordinance calling a November 5, 2013 Special Election that includes a bond proposition to fund the construction of the Destination Bayfront Project (the "Bond Proposition"). SECTION 4. The City Manager or designee is authorized to execute Amendment No. 11 to the Professional Services Contract with Hargreaves in the amount of $1,936,300.00 for continued services for the Destination Bayfront Project, contingent upon voter-approval of the Bond Proposition. SECTION 5. The City Manager or designee is authorized to execute Amendment No. 2 to the Testing Agreement with Rock Engineering &Testing Laboratory in the amount of $102,500 for professional testing services related to the Destination Bayfront Project, contingent upon voter-approval of the Bond Proposition. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott \Mproject\councilexhibits\exhBoyfrontBuildout bw.dwg t � e; fit°% Center:. opto 00 VmL� SherhP Park t IPk4 IN t0 " � pox -1 Festi :. Great Lawn, Area "'a Recmation Area a m s r l 'zpg�; Promenade €.- U. 'arkirc,g Pi South fn",' rydi j v", t x, E �r ,l 'g, Zocaio wi Family Area Beach, Ramp r� Exp�o.,afirjnA May Area y fi> C �S r McGee Wit", mAN A"" Destination Bayfront CITY OF CORPUS CHRISTI, TEXAS Build out DEPARTMENT OF ENGINEERING SERVICES C vw , <r r AMENDMENT NO. 11 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Hargreaves Associates, hereinafter called "ARCHITECT", agree to the following amendment to the Contract for Professional Services for Ba front Develo ment Plan Phase 3 (Proiiect No. 6511) as authorized and administratively amended by: Original AIE Agreement December 13, 2011 Motion No. M2011-292 $1,315,137.50 Amendment No. 1 September 28, 2012 Administrative Approval $26,570,00 Amendment No. 2 October 24, 2012 Administrative Approval $16,440.00 Amendment No. 3 November 7, 2012 Administrative Approval $48,840.00 Amendment No. 4 November 14, 2012 Administrative Approval $49,100.00 Amendment No. 5 December 4, 2012 Administrative Approval $39,650.00 Amendment No. 6 December 27, 2012 Administrative Approval $45,720.00 Amendment No. 7 January 16, 2013 Administrative Approval $25,805.00 Amendment No. 8 February 4, 2013 Administrative Approval $33,280,00 Amendment No. 9 April 22, 2013 Administrative Approval $0.00 Amendment No. 10 June 7, 2013 1 Administrative Approval $20,000.00 In the original contract, EXHIBIT "A", SCOPE OF SERVICES, DESIGN DEVELOPMENT shall be amended to include additional services as shown on the attached Amendment No. 11, Exhibit"A". In the original contract, EXHIBIT I'D", SUMMARY OF FEES shall be amended as described in the attached Amendment No. 11, Exhibit "A" for a revised fee not to exceed $1,936,300.00 (One Million Nine Hundred Thirty Six, Thousand Three Hundred Dollars and zero Cents), for a total restated fee not to exceed $3,556,892.50 (Three Million Five Hundred Fifty Six Thousand Eight Hundred Ninety Two Dollars and Fifty Cents). Invoices to be submitted monthly in accordance with Exhibit"D". All other terms and conditions of the Contract and Amendments between the City and Architects will remain in full force and effect. CITY OF CORPUS CHRISTI HARGREAVES ASSOCIATES 2 V. 7013 Oscar R. Martinez Date Mary Ma aret Jones ate Assistant City Manager Presiden 970 Tennessee Street San Francisco, CA 94107 (415) 865-1811 Office (415) 865-1810 Fax RECOMMENDED Daniel Biles, P.E. Date Director of Engineering ENTERED G �� l is el Morris Date JUN 14 2013 Dire for of Parks and Recreation OONTRACT MANAGERS, K:lEngineering DataExchange4ClarissaJlParks 16519-Bayfront Development Plan Phase Mmendmenf No.1 ME AGREEMENY.docx i f it APPROVED AS TO FORM Project Number:6511 Funding Source:550950-3126-00000-170678 Office of Management and Budget Date Fund Name: Bayfront Development 09 GO CIP Encumbrance Number: Legal Department Date ATTEST Armando Chapa, City Secretary Date K3Engineering DatsExchangelClarissaJlParks16511-Rayfront Development Plan Phase 3tiAmendment No.114AE AGREEMENT.docx E DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK o6/i2/2013 Lead Consultant Professional Services for DESTINATION BAYFRONT Additional Service #tt Background The City and the Destination Bayfront Executive Committee have approved the Concept and Schematic Design for the Destination Bayfront project,which includes the following primary areas: Promenade and Beach Ramp Terraces, Explorational Play Area, Family Area, Zocalo, Pier, Marina Basin Improvements, Parking Plaza South, Great Lawn, Parking Plaza North, and Sherrill Park. As the next step in the design process, Hargreaves Associates ("the Architect") will provide design development documents for the entire Destination Bayfront site. Hargreaves Associates will also provide field studies as described below. A.Anticipated Design Expertise includes professional services listed below. Hargreaves Associates will lead the Design Team and Client interface, and will retain and direct the services of registered professional consultants for all services other than landscape architecture, i. Topographic Survey 2. Landscape Architecture for entire site 3. Soil Science (specifications) for planting and load bearing soils 4. irrigation for entire site 5. Water Feature design and engineering for 2 water features 6. Lighting Design for entire site 7. Signage Strategy for entire site. Signage design to occur in future phases. 8. Civil engineering for entire site. 9. Structural Engineering for entire site and relevant assessment of existing structures as needed for construction. io. Electrical Engineering for entire site i1. Architecture for 15 shade structures, beach caf6, park arrival office building, 3 restrooms, 1 changing shelter, and 17 retail /vending shops. Architecture is modular and includes repeating components. 12. Structural, Mechanical, Electrical, and Plumbing for buildings listed above 13. Assessment of LEED or Sustainable Sites certification (level of effort, associated cost, feasibility, project goals), and advancement of selected sustainable opportunities. Destination Bayfront Corpus Christi,Texas CD8 1101 6/12/2013 Page 1 EXHIBIT"A" of 4 DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK o6/12/2013 14. Public Art: design of site integrated artwork up to$700,000 in value (per City's 1.25% requirement). The design team will work with the client group to select an artist. 15. Cost Estimating and Phasing Plan Refinement for entire site 16. O&M budgets and consulting. 17, Presentations&Meetings with Destination Bayfront Advisory Group, Stakeholders, and City Staff: Hargreaves Associates will lead all primary client group meetings, and will involve key consultant team members as appropriate. Hargreaves Associates may authorize consultants to lead small working group meetings as appropriate. 18. Team and Project Management: team coordination, meeting agendas and meeting notes for primary client group meetings, and project schedule (including milestones for key City and Public communication). Schedule assumes weekly calls with City Project Manager and monthly calls with Destination Bayfront Executive Committee, B. Hargreaves Associates does not assume responsibility for the work of others not under contract to Hargreaves Associates in the production of construction documents and the sufficiency thereof necessary to the execution of the work. PROCEDURE Task A: Design Development Duration: 6,5 months following authorization to proceed Hargreaves Associates shall provide design development phase services per the Primary Agreement executed on Dec. 13, 2011. Deliverables: • 5o% Design Development Drawings, Outline Specifications and Cost Estimate • l00%Design Development Drawings, Draft Specifications and Cost Estimate • Updated O&M budgets or consulting at 5o%and l00% DD • Graphic presentations at 50%and l00% DD to convey design development • Narrative project descriptions, graphics, and cost estimates to help the city secure supplemental funding for Type A and MPO projects Trips and Meetings Trip and meeting schedule to be determined, but assumes three 3-person trips of up to two working days each in Corpus Christi: • Destination Bayfront Executive Committee Meeting#1: Presentation of 5o% Design Development • City Staff and Department Meetings • One trip to include a final Public Presentation Trip and meeting schedule also assumes two 2-person trips of one working day each in Corpus Christi. Destination Bayfront Corpus Christi,Texas CDB 1101 6/122013 Page 2 EXHIBIT"A" Page 2 of 4 DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK o6'12/2013 • Consultant Team Coordination • Agency Meetings ADDITIONAL SERVICES A. The following Additional Services shall be provided on a time and materials basis using consultants' current rate schedules. Hargreaves Associates includes a 5%fee for all sub consultant management and coordination. B. Additional Services include but are not limited to: 1. Coastal Permitting including USACE meetin g , preliminary reliminary fieldwork and preparation i of separate documents towards ermittin effort. P g 2. Stormwater quality management and technical documents for work beyond the site. 3. Master Planning Reports/Document Preparation/Publishing not identified in the included scope of work. 4. Additional Professional Services/ Sub-Consultants such as Financial Consulting and Public Outreach. 5. 3D Presentation Models, Professional Physical Models,Additional Presentation Graphics (Renderings) or Fundraising Materials 6. Changes and Additions to approved Site Features. 7. Revisions and changes due to incorrect survey or geotechnical information provided by the Client. 8. Expenses incurred in the interruption and resumption of Hargreaves Associates' services, upon resumption of services, if the project is suspended by the Client for more than 30 consecutive days. g. Work extending past the duration described in the Agreement. io. Additional trips beyond those listed in the Agreement. n. Phased Document Sets 12. Construction Documents and Services during Bid and Construction. EXCLUSIONS TO SCOPE OF SERVICES Client shall provide the following information or services as required for performance of the work. Hargreaves Associates assumes no responsibility for the accuracy of such information Destination 8ayfront Corpus Christi,Texas CDB 1101 6/122013 Page 3 EXHIBIT"A" Page 3 of 4 DESTINATION BAYFRONT HARGREAVES TEAM SCOPE OF WORK o6/12/2013 or services and shall not be liable for error or omissions therein. Should Hargreaves Associates be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as Additional Services. A. Geotechnical report. B. Environmental soils testing and remediation. C. Legal descriptions of property. D. Overhead aerial photographs at controlled scale. E. Assessment of existing site engineering other than that necessary for new construction. F. Permitting Related Scope: 1. Detailed negotiations, requests for supporting information or investigations beyond information typically provided in a standard permit application while agencies review applications, Memoranda of Agreements (MOA) regarding cultural resources, permit fees. 2. Investigations to support an environmental impact statement, phase it environmental assessments, phase II archeological assessments, underwater aquatic resource assessments, underground utilities not visible by surface appurtenances or by One Call paint markings, right-of way surveys, property appraisals, relocation assessments. G. Securing funding or grant writing. DEVELOPMENT BUDGETS A. Upon signing of the Agreement, a proposed development budget for all items of work under the Scope of Services shall be established and approved in writing. This proposal assumes that the total construction budget is$52,000,000, per reduced cost revisions to the100%Schematic Design cost estimate. FEES AND TERMS Services described above shall be provided for the fixed sum of US $1,828,413 in accordance with the terms and conditions of the Prime Contract which is incorporated and made part of this Agreement by reference. Reimbursable expenses will not exceed US $107,887 without further authorization. END OF PROPOSAL Destination Bayfront Corpus Christi,Texas CDB 1101 6/12/2013 Page 4 EXHIBIT`rA" Page 4 of 4 8 8 p8pqo $ $ S ° S $ opSpS4P8S888p 8 SSSSS888 a 8800 $ 88 �° W tl O O pO� QOp pop O O N JOi $ N n 8 H ❑ $ ❑ m O a {❑p $ $ 7i O N r m Vi H'� yON� f IG f N rNV+� O1 di .�+ ti�n 11N�� yhy F O Im- 1- W F^ `pp`H P NmN N ✓rye ry laa F pmv n N �O O {Mp i 1. 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N N v°i y N NNahN N N N.-� q N Z m N b O W N Q 8 8 88 SSeS8o888S8 ° ° 88 8 S .°n c°n° �°n o a o o v4 a4i si.�° ° ° °a°n.°n° Z N N N N N 1 D � 0 Q a a $ S S S8 8a888So8 $88 0888 $ $ 0$888 S 0 0 0 0 po o d o p o ti pp pp po o 0 o c oo o a o 0 o pp pp YY�� Z t7 N N N 9 N N O N qqC N p O cS i S O $O S S S$q 8 y tci vl''Nti{ VOi NNO°NN V! N p n C N Q °Q pSp oSo p$ $ 8 SSepp °p88808o88 O°OS o SpSpSeo8$ H O N N 114 N N ° O N N N t°is N Vqi N N h V°1 N h t°/� 2 a N � a o ff $ S $SS oSSo888 8858 8 S8S88$8 8 - °z ' 8 HSt° A a 8 � o a °q NC M 8 ° 84p Sp8p pop$ 8 ° ep8 $ p8p88 BSeS o S8S8oS8 8 Vl P � n � a E .a a 0 8 8psp 0p48o88pSpo$pS $ $ 888 S °0 $88 8 V O N N N N u°i N N V°i U°i+. °to N°N o o6 a d oo O O O pp N O z 2 Q Q v. c � � E a � 0 N N N N C m•� Q 4 88 o8S888o $ HoSi 8 8 0 og000$� 8 �a ub as o o Y.°i l N v°,N B MEMO 4 p VN N N '" m p DO N NNN f Nti N N NCD ,y n V C O .E VQ A A c7 n o m !2 c c° � a Ego u9 n cLL f Q w •A y � ao- 8 O c 6 W C Z90� o DoE coca �= .. ROU , � Fa � C �rvd f t'3 y a U' a£i V• .ca m y n 'E E v u ••5 'rr a s n °� a d o c cv cl � 043 � awda ; ° �� � 9p� =" ° tq EXHIBIT B if r9 °4 a Ca `�° d E 1t � ii3 Page 2 of 3 r 00 O O Ln O M r� O rV -' n (DD 0000 en 00 ko to, Ln H- 'L4 ° rn LA ,i CA %.4 °O °o 0 °o 0O 6 Q0 0 coo 0 0 Z n cD W M M ❑ 00 1 O M M Z n if} ri W t4 �i Q C? O O O W ro E z o ° °V - i°n Lnn v, `Fu E 0.r e� er 3 > O a Le .° lLA J ❑ 0 L .M O CL LL O W i!} Q c ~ Q o a L `o °o. °a °o °o ALA a aG 0 0 N 00 r: ' Z Ln en N Ln r_ Z V M N Q _ O 0 rq N L t V � a CL. U LL � 3 O d E E •O Y d OC be t m O H 01 M 4J = CL Z O J O Q. w d C O O r c ❑ (D > J tw W , WH m G1 O 47 bA � ❑ ❑ V1 ❑ VI L" m v u° N N N 4J 41 LLI ro ro O O G H H H H =EXHIBIT " 3 AMU muwvw,uou chy of--- CITY OF CORPUS CD8]S[i ofhm DISCLOSURE ��l� ��1rlR�K �1P ���~ ��»�»� � [h6,U 'm� 'u`�� `�� uu, u/w«��� � Ckv or caps chii so Ad lance 17112,nxmoundod rvquhe«N| lwrsoms or firnis seek ing to do hun with the City to provide the/m| nm��vNe. nxmnur with "NA".' See reverse yi8e [or P|)iog komnirmuumn^ all at duDob1oun, C0N1PA jNfM.A MK, 11nrgli-emes Associates p, 0. Dok S�l`&;��1 ADDRESS: 0701[ooxoxvuoSkcu[ ClTl'/ S»oF/��»«|»»» C6 ��y�� 94107 FROM IS: |. Corl)ol'atioll E| J. Paraler'ship [ \ l 8W*Owoor r� 1, Association �� S. nUv, �1 �� 0lSCLOSDRD QUESTIOW l[mNkiou*|sluice iauvcesuo Wnue use the reverse side is page u,ukxoboe|vonteshuel. i. State the om000 u[ each ''#np|nyoo^^ o[ the Ck, o[(:orpom Christi having an ^'omnurnh{p inter ut" cnosU\o1A8]%or mo/uu[Uhcuv/ncmbip in the above npmed~finn." Nam(! Job TiUa and City [Jepxnmeo((if kno*n) _ 2. State the mnnrx n[ cw:h MFGciw|^ of (lie City of Corpus Chhsh having an `b�ormbip b�c/"x ^ ooxoiko<iV8 }��ovmom o[U^c ownership in the ohwvvommrd ^�rn(' Ibmo Th|e J. siutoU'cnnowoo[eoei, "hoxrd item hcr ofdmC1 nfcm� having onvov/numhiph�omy�` oum�u/Uog 3��vrmo#o[Uvyownmmh' |uthe^hokuunn68`'Onn." Name Bomv|^ Cmnmius|mn orCummkh:v ......... ____-_______-- 4. S&`m the o:mcn o[ each ump wycc or ofAccr or x 'vouoo|(oo[ IN Me C\(y o[[o C| �xh v��o wodxJ on Ucr m�nhzd the h{S Cnubn*\ mx] hwo ox 'ow�*mh|p 1mo�o/'' uw)»'i�x�^ 3%o«mun:o[the ownership influ above oumcd^'0rn .'^ Name [o�okmn _....._-___-___'..... ......_____-__-__'_-_-_--___' ---------------............ ............—....—......................... .........— '------------------- e FILING,I;iFQUIT�I�.il�.E,,Ni TS If ;I pet,ml who rt;elltcsts aflWWI action can a ntlltter know,; dial the req>tested mmi in will ccsnlr stn ecortornlc benefit on any City off iciill or cu ployce that is distingu'ts swe from the eftcet that the action +'ill have m members oC tlsc,Jmlblic. in seu8ra Ora Substantial segrnma tI1CYlol;you Shall disclose filial:filet in a si�,llQ(i %vi-iting to flit City official. ciliployee or body Ihrtt has Iscen requested to act A lilt; ninuer, tuticss the intcmm of the City c1I'f"tei11l nr empJoyce in the matter is apparem. The disclmure shall al"o be made 5 a signed wrkkg nWd w4h the City Sec.tuho% (1 thics ChAirtance Section 3140 (d)] CF,10 IIEICATI(: N I certil-y tllat all information Provided is trite and correct as of the date of this sunienictlt, that I IlilvQ lion ltnot�rtilt�p,ly withheld disclosure of any iltiorm.ttion locluested-, and thou suppimenw! st�►tc►ncltts mill he I lnptly An hWd to Me City 13I'C:'ol•pus Christi,'Te-vis ai chtinge5 occur. C:cI HQ Ing pmmn: Avvk l�j 'l'itic: /— . SigmHum of Cet•d ying Date: /���� •�,� Poison: ___ _. '� . ...........:. 1. _� m....,..w,.,..W. DEHNI'l IONS a. "Boardtmembcr." A member of any board. uminni,,sdon, or cornmillev ,appointed bl- ><Ite C.`itti: coul lei I of the City cif Corpus C11 risti, 'I'mis• b. `Fxonomie benefit". An ttc:tion dmi i5 likely to affect an economic interest if it is likely to hazre art effect on that interest thar is distinguishable fiord its effect on members of the public itt general m- a substmaial sepmem thorcol. c. "linlllloyee:" Any porwn ertiloyea by the City or Col-pus Christi, "IlKa5 either can it full or part- time WE but not,,is art inclepcndcttt co.utrac ar. I SKY Y Any entity operated l-err economic; min, «lhetller professional, industrial or Coil]Inercial, and s�Iletlier mabIish.cd to pmduct� tar deal with a product or servi x, including:but not limited 10,entities operated in the forlll of sole propritCarship, as 4wll•-employed person, partnership, corporaiion. joint stock cmupmyq joint venlure.. mceiversltip or uust< and entities \vhich for purposes oi' taxatioll �Irc treated as inill-profit orgollixations. c: "UfficWT The' tMayor, tneniben3 of the City Coluteil, City WtrRgU, Deputy City fvlttrlager, Assistant City -Marlogers, Depa-itnlent and Iat don I"IeIIdS, awl Municipal Quirt,llidgm c►:f thlrChy of Corpus Christi,`I`exas. f, "Ownuship lntorost." Legal or equitllblc interm w hclher aoually; or commnictivuly held, in a lirirs, including when ;Inch intere=m is held through tan tlgCllt:, trust, estt;lc:, al• 1101ding erility. "Collstl•tletiVely held" refers to holding's or control establislied through voting trusts. proxies, or gWCW terms of ventlli'c`-oi'Partnership agrecillonl,s." I "(1mmilmm"Any= posmi or Jkm, smh as c.Nomem and ttrcliiteets, hired by the City ofCOrplts Christi for the purpose of professionlil consultation anti reckininienciat ion. . .................... PQJ 2of2 r 0 0 0 0 0 0 0 0 0 0 0 0 0 a ti 0 0 0 0 0 0 0 0 us 0 co � a , E as d a U c c e e a o 000 0 x 000000 00 Q 0 a t- N N N vc� 6S- a s o0 (D (D O o O O ❑ ❑ o� 00 O 00 o . `O LO LO r- 60a V)- CL 4a -p q) 64(D Q o 0 P" c) C)a O o 0 ❑ ❑ c) 0 o o O .v o H Em- � � r' M a � o h -0 to 0 T 0 V ❑ Cl to e^ LO to _ U r OTD 89 T m m M L1" N N ~ ~ M C M W c o T ,O ' C 61} 6R 6g } 69 L) w CM CD Q�1 Q O Q C . Q� O 0 0 0 0 © © V 0 � Q Z Z a a m � 2o V y'oo � E o a.c a O� 00 69- 0 0 0 0 0 ° ❑ ° o ° Om w E I-- M 0 W 0 r 0 0 o 0 c0 y r T CO Q bg p 0< r-- co Nt r NC7 LO 0 N co U � rn N c N CO C LL U V N N a N N O % � 8 a) a . (1) o L1 c CO f) M Q Li U1 �- an d its c c c b ro v �' C Q ca U) o 0 •y .9 .m a. 0 �a L a ° � Q E EPage it"D" m ci 0 m w U rn 'cc of 0 v c i c j m Q � 9 of 1 AMENDMENT NO. 2 TO AGREEMENT For Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer") and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership (1 LABrr) acting through its duly authorized representative who is Curtis A. Rock Business Develo meet Mana er which agree as follows: Original Testing Agreement February 8, 2011 Administrative Approval $6,890,00 Amendment No. 1 February 18, 2013 Administrative Approval $3,400.00 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: Bayfront Development Plan, Phase 3 (Project No 65111 ("PROJECT"). 2, SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A". Monthly invoices will be submitted in accordance with Exhibit"B" 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed 102 500.00 (One Hundred Two Thousand Five Hundred Dollars„and Zero Cents) for a total restated fee not to exceed $112,790.00 One Hundred Twelve Thousand Seven Hundred Ninety-_Dollars and Zero Cents). CITY OF CORPUS CHRISTI ROCK ENGINEERING &TESTING LABORATORY CAVI - � Oscar R. Martinez (Date) Curtis A. Rock (Date} Assistant City Manager Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office RECOMMENDED (361) 883-4711 Fax Daniel Biles, P.E. (Date) Director of Engineering Services Project Number: 6511 (, 2 Funding Source: 550920-3126-00009.170678 Millael Morris (Date) Fund Name: Bayfront Develoment 09 GO Clp Director of Parks and Recreation Encumbrance Number: APPROVED AS TO FORM Office of Mgmt and Budget (Date) ENTERED ATTEST JUN 18 2013 Armando Chapa, City Secretary (Date) CONTRACT MANAGERS' K,IEngmering DalaExchangelClarissaJ4Parks16511-Baylronl Development Plan Phase 34Tesling Agreement Amendment No.2-Rock Hngineering\TFSTINppCUHMENT- Amendmcnl No.2 docx i GEOT13CHNICAL ENGINEERI' G tip' �yv 9 CONSTRUCTION MATERIALS ENGINEI,RING&TESTNG 4 SOILS•ASPHALT«CONCRE"t"1 October 23, 2012 Hargreavcs Associates 398 Kansas Street San Francisco,California 94103 Attention: Mr. Erik Hanson SUBJECT: PROPOSAL TO P :WfORM A SUBSURFACE INVESTIC;AT ON AND LABORATORY TESTING PROGRAM AND PROVIDE FOUNDATION AND PAVEMENT RECOMMENDATIONS FOR THE PROPOSED DESTINATION BAYFRONT South Shoreline Boulevard Corpus Christi,Texas RETL I'ro osal Number: P1002.12A (Revision No. 1 Dear Mr. Hanson, Rock Engineering and Testing Laboratory, Inc. (RE`I L) C1'BPE, Firm No. 2101) is pleased to submit the following proposal to perform a subsurface investigation avid laboratory testing program and provide foundation and pavernent recormaendatioils for the proposed Destination Bayfront project to be constructed near South Shoreline Boulevard located in Corpus Christi, Texas. Based on the information provided to RY1 1, the project will include the construction of a new bayfr•ont recreational area along the existing seawall and marina. The project scope is based on the inforrnatiorj 6 provided in the l00% Schematic Design Key flail dated October 19, 2012. The proposed bayfront will include upgrades and reconstruction of the existing seawall, addition of multiple restaurants, retail buildings and entertairunent structures, upgrades to the existing; Sherrill Park and dredging of the existing marina basin. The proposed buildings and structures are expected to have cave freights of approxintrrtely 18-feet and utilize wooden timber pile foundations. The dredging depth of the marina is unknown at this time. A pier approximately 60-feet in width by 250-feet in length will also be constructed near the existing beach and bulkhead. The pier is expected to include multiple retail buildings and shade canopies. Sheet failing will be utilized for stabilization of the existing beach along the proposed pier. Additionally, parking; and drive areas will be constructed to facilitate mainly passenger vehicles and light trucks. Light pales and sitting areas will also be constructed throughout the site. It is understood that existing structures and pavements will be demolished and removed from the project site. The proposed structures and parking and drive areas may be constructed within the vicinity of the demolished structures. ROCK ENGINEERING &'TESTING LABORATORY, INC, 6$17 LEOPARD STREET o CORPUS CI-ImST1,TI'XAS 78409 OFFICE: (361)883-4555 • FAX: (361)883-4711 o www.rocktesting.coni EXHIBIT"A" Page 1 of 4 Page 2 oF4 PROPOSED DESTINATION RAYFRONT October 23,2012 South Shoreline Boulevard;Corpus Christi,^rexas Alcor:,Mr.Eric Manson RETL Proposal No.; P 100212A(R-cvi sion No, 1) Based on the project description provided above and 11.1 TL's experience with soils in the vicinity of the project, RETL proposes the following;scope of work: PROPOSED S'MUCTURE NO.OF BORING$ BORING IANVAR PER STRUCTURES DEPTH ft 1C')a I,r l'ro asecl l'la Area Villa e South ._ __ 1 _ 100 100 i — —1'ro�osed 1'I r&(a 'villa e North 1 100 100 -- Pr—oLx sed localo, Pier & 5ta i_—_ 2 - ___...1.00 _.__...._.... . 20o i Proposed Sherrill l-FUIE-Ville_ige_._._.__.__ ___ _ .----..__._._.. 1Q0 2 p _..___.-__ ra ased Parking/Drive Areas 7 S BuildiiLg. ootprint/Landward Structures 12 S0 60 Marina Basin 5 l00 SUM OF LINEAL FO0TAGE � 1, 78 The boring depth for the Building footprint/Landward Structures was determined using; previous experience with soils in the area. Marina Basin boring depth was determined on the assumption that the marina would be dredged to a depth of 10-feet. The scope of work is otalined below. Sco a of Me Proposed Subsurface Irrves#i atlotl a RETL requests that the boring location is staked in the field prior to the held investigation or a site plan is provided to RI TL showing; the proposed structure in reference to existing predominate site features to aid RETL in locating the boring;in the field. d Coordination with Texas One Call will be performed by RETL to identify underground utilities in the proximity of the boring locations. 'me borings will be relocated if necessary. A The client shall perform due diligence to assure RETL that the boring locations are accessible and - clear of obstructions, such as fences, shrubs and trees. `rhe boiings will be relocated if necessary. 4 A truck mounted drilling rid;will be utilized to access the boring locations. Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling;. ® The borings will be advanced to the depths specified above, Disturbed soil sa11•tples will be obtained employing split-barrel sampling procedures in general accordance with the procedures for "Penetration Pest and a3pli1-Barrel sampling gf'Soi]s, (AST.M D1586)." a Undisturbed soil samples will be obtained using thin-wall tube sarnpling procedures in accordnzlce with"Thin balled Tube 8aml,2ling r3fSoils. (ASTM D1587)." The shear strength of cohesive sails will be estimated using a hand penetrometer, s Standard penetration tests(SPT)will be recorded in granular oils. 9 Sampling and testing at the marina basin will be performed in water €eptlxs of approximately 2 to 7- feet.. o The marine borings will be extended to the depths specified above below the water surface at the time of the field investigation or upon refusal of the soil sampling device, 0 E,.11.will provide a 3-man crew and beat to perform the proposed marina borings. ® RETL will perform limited soil sample collection by means of a sediment sampler at each marine boring location. ROCK ENGINEERING&TESTING LABORATORY, INC;. 6817 LLOPARD STREET.CORPUS CHRISTI,TEXAS 78409 OFFICIO (361)883-4555 FAX: (361)883-4711 D www.roc;ktosth)g.c€m EXHIBIT"Al Page 2 of 4 r Page 3 of PROPOSED DESTINATION BAYf+RONT October 23,2012 South Shoreline Boulevard;Corpus Cl'rr•isti,Texas Attn:Mr. Bric Hanson RETL Proposal No,: P100212A(Revision No. 1) • GPS coordinates, obtained in the field at all sample locations, will be recorded using a c01-1lrllercially available Garmin handheld GIIS model Etrex Venture usingNAD 83 rllap datum. • Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations and patched with asphalt cold patch mix d.r eucocrete, where applicable. SeoVe of Laboratmi,Testing Pt-ogram • Supplementary Visual Classification (ASTM D2487) • Water Content Tests(ASTM D2216) • Atterberg Limits "rests(ASTM D4318) • Unconfined Compressive Strength Tests(ASTM D2166) • Percent Material Finer Than 'T'he 4200 Sieve Tests(ASTM U 1140) • Grain Sire Distribution/Particle Size Analysis of Soils(ASTM D422) All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report, Proiected Schedule After authorization, it is estimated that the drilling operations can be completed within 12 to 15 days and the final report will be submitted within four weeks of the completed fieldwork-, R.TL will consult with the engineers as field and laboratory test results become available_ Geotechnical Enaincering Report In addition to the field and laboratory testing, a gootechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a disoussion of the engineering properties of the subsurface materials encountered and foundation and pavement recommendations. The report will include items indicated in the memo titled Destination T3ayfront Request for Gecrtechnical Information provided by Mr. Larry Rickets, P.E., representing; Datum Engineers, Inc. Trees and Limitations The total fee to perform the scope; of work outlined above is$102,500,00. Additional drilling,if required due to the subsurface soil conditions encountered, will be performed at a rate of$75.00 per linear foot of drilling. Services provided by R.ETL udder this Agreement will be performed in a planner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing rtnder similar circumstances. ROCK ENGINEERING&TESTING LABORATORY,INC. 6817 L OPARI)STREET®CORPUS CHRIST],TFXAS 78409 OP ICE: (361)8834555• PAX: (361)883-4711 *www.rucktesting.coin EXHIBIT"A" Page 3 of 4 Page 4 of PROPOSED DESTINATION HAYFRON'I' October 23,2012 South Shoreline Boulevard;Corpus Christi,1"exas Attn:Mr.Eric Hanson RFT1.,Proposal No.:P100212A(Revision No. 1) The Client shall provide for R.ETL's right to enter the property owned by the Client and/or others and assure that the boring locations arc clear of underground utilities and accessible to drilling equipment in order for RETL to fulfill the Scope of Services included hereunder. The Parties to this agreement agree that if any claim is made that RE-,,"Fl.failed to comply with airy ten-n of this agreement or that it failed to perform its work anchor duties under this agreement properly, the client, upon proof that there was some failure to comply or some mistake in the performance of the work, shall not be entitled to recover any sure greater than the amount paid by the client to RFTL for the service performed by REM or$25,000.00 whichever is less. In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless RE TL, his or her officers, directors, erraployees, agents and sub consultatrts from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this project or the perfor marrce by any of the above named parties of the services under this Agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of REM Tither the Client or RE TL may terminate this Agreement at any time with or without cause upon givitIg the other party 10-calendar days prior written notice. The Client shall within 10 calendar days of termination pay RETI-, for all services rendered and all costs inctured up to the date of termination, in accordance;with the compensation provisions of this contract. closing If you are in agreement with our proposed scope of work, please authorize us to proceed by signing in the space below and returning one copy to us. Thank you for your consideration of our firm to assist you with this project. If you have any eluestions, or comments,please call at(361) 883-4555, Sincerely, ACCEPTED AND APPROVED by Nathan Ruckstuhl, Fl`f ---- —+ — Geoteelrnical Project Manager For payment of services, invoice to: �.._._..—._.-..�.._... ...�...� �....�.....��_.. �. ,_..��.. Attn: Address: "1"itle: City:��__ State: ,r (:",otic Phorre: Fax: E-rrrail address,: ROCK ENGINEERING&T STING LABORATORY,INC. 68 1;7 LEOPARD S'1'I EET s CORPUS CHRI$T1,`r'I XAS 79409 OFFICE: (361)883-4555,b FAX: (361)883-4711 s Www.rocktestrirt;x0m EEXHIBIT"A" of 4 Exhibit B Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify,save harmless and defend the City of Corpus Christi,and its officers, agents, servants and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and reasonable attorneys'fees,for or on account of any injury to any person, or any death at any time resulting from such injury,or any damage to any property, to the extent caused by Consultant's negligent performance of services covered by this contract The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder. EXHIBIT"g„ Pap 1of1 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB"will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable and other standards designated in writing by the "CITY ENGINEER." 1:3 Promptly submit formal,reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the"CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. Ele IBIT"C" 1 of 3 r ly • r 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for"LAB"to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3,1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work, "CITY ENGINEER" will direct THE- PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that"LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB"to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 6. STANDARD OF CARE AND WARRANTY "LAB"1 Services performed b LAB will be conducted in a manner consistent with that level of care p Y and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". EXHIBIT"C" Page 2 of 3 ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for,the adequacy of the PROJECT'S general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY"within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 , In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. i Pa slr "C,]e 3 of 3 O O O O O O O O O O O O O LO 0 0 0 0 0 0 LO 0 n i U L E tl� � C C C C 0 0 O 00 C) d d 0 0 G7 ❑ 0 O O C C� O Ili L lf7 .. 60. � 664 N 00 0 69- d d d 00 Q � O O 0 Ljr) U') � r- 64 6c} y (D o 0 O 0 0 0 d Q Q 0 0 o CO 6F} C) 6c} pp pp 691 U) u7 M a s 0 o r CO Y O N m m M Q M dam' L tom•- N U) N M N9 M M L H C V> bq FL N QI 0 O ❑ 64 0 0 00 O m 6Q4 66q 0 � �- 441 2' O Tf 0 9 LO 9 = Q 01� ❑ a r 0o OT � O O 0 O � V1 HS 0 0 +S Z t� '0 m E a 1- M O C4 0 r 0 0 7 0 r LO (D (� T T CO O 64 T 0) 0) vim' L ! U U � ------ gel, N U- a) N N N r (n �� N N CO U. LL N L +3 m R a C (u Q LL C m Q 0 0 N '� 0 c 2 Q Q Q n E .N Exhibit"D"(n CL 0 a00020' Utn aa � Eam0 ((nU) com ¢ �° Page 1ofl r 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)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: c �- .Rot: Title: FQII \ ne?SS � Q P mcntna (type or Print) Signature or Certifying Date: Person: 0.�L mar DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership,corporation,joint stock company,joint venture,receivership or trust,and entities which for purposes of taxation are treated as non-profit organizations. e, "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g, "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT"E" Page 2 of 2 .4@US Ga 0 H AGENDA MEMORANDUM Future Item for the City Council Meeting of July 16, 2013 NoP© pE° Action Item for the City Council Meeting of July 30, 2013 1852 DATE: July 24, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com; 826-3729 Resolution in Support of 2014 General Obligation Bond Election and Approval of Propositions and Projects CAPTION: Resolution in support of calling for a General Obligation Bond Election in November 2014 for the purpose of funding Street Improvement in the amount of $84,410,000 (with $55,000,000 representing streets in the greatest need of reconstruction and $29,410,000, representing street capacity priorities and other street-related improvement projects); and to review, finalize and approve the staff-recommended street project list. PURPOSE: The purpose of this Agenda Item is for City Council to approve a resolution in support of a November 2014 General Obligation Bond Election for street improvements totaling $84,410,000 and approve a project list for each proposed proposition so staff may proceed with having the projects under Proposition One designed, or under design, prior to November 2014. BACKGROUND AND FINDINGS: The City Council has discussed the possibility of a Bond 2014 General Obligation election to provide for necessary street improvements. This item will allow Council to confirm their support for a November 2014 bond election and discuss, finalize and vote on a final project list to be included in that election. (See Attachment One) A second Resolution that City Council will vote on during the July 16th Council meeting includes a Reimbursement Resolution so staff may be directed to begin design procurement services for streets listed on Proposition One of the Council-approved project list. This was originally presented to City Council as a Future Item on July 16, 2013. After Council discussion, staff was directed to modify the candidate list prior to the agenda coming back as a Action Item. This agenda packet includes the modified project listing. ALTERNATIVES: 1. Approve the Resolution and modified project list as proposed. 2. Do not approve the Resolution or project list. (Not recommended) OTHER CONSIDERATIONS: On June 19, 2013, the Planning Commission reviewed the list of projects for the proposed Bond Election and voted to recommend approval of the list as presented. If the Resolution and project list is approved by City Council, City Staff will bring an ordinance to City Council in the near future to amend the Capital Improvement Program to include the approved projects. CONFORMITY TO CITY POLICY: Conforms to statutes regarding authorizing Resolutions and Bond Elections. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Non-Applicable at this time ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012-2013 Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item Future Anticipated expenditures for this project BALANCE Fund(s): Comments: If a project list and reimbursement resolution is approved, staff will come back to City Council with an Ordinance to amend the CIP. RECOMMENDATION: City staff recommends approval of the Resolution in support of a Bond 2014 General Obligation Election for streets and the review and approval of a final street project list. LIST OF SUPPORTING DOCUMENTS: REVISED: Attachment One — Modified Staff Recommended Street Project List Resolution REVISED: Powerpoint Presentation Bond Issue 2014 REVISED: Staff Recommended Project List PROPOSITION ONE: Street Limits Street Cost Alameda Street Kinney to Lipan $ 1,470,000 Gollihar Road Staples Street to Weber Road 7,570,000 Gollihar Road Weber Road to Carroll Lane 4,080,000 Gollihar Road Carroll Lane to Kostoryz 4,070,000 Morgan Avenue Ocean Drive to Staples Street 3,570,000 Corona Drive Flynn Parkway to Everhart Road 1,860,000 Ayers Street Ocean Drive to Alameda Street 4,330,000 Yorktown Boulevard Lake Travis to Everhart 4,340,000 Staples Street Alameda Street to Morgan Avenue 3,080,000 Southern Minerals Road Up River Road to IH 37 3,080,000 Yorktown Boulevard Everhart Road to Staples Street 6,680,000 Carroll Lane Houston to McArdle Road 2,340,000 Old Robstown Road State Hwy 44 to Leopard 2,670,000 Waldron Road Airdrome to Caribbean 3,600,000 Santa Fe Elizabeth to Hancock 1,160,000 ADA Masterplan Implementation Citywide 1,100,000 TOTAL PROPOSITION ONE: $ 55,000,000 PROPOSITION TWO: Ayers Street Turn Lane SPID to Gollihar Road 2,000,000 Chaparral Street Phase 2 Schatzel to Taylor 4,450,000 TxDOT Participation TBD 1,500,000 Traffic Signal & Lighting Imp. Citywide 5,000,000 Rodd Field Road Expansion Saratoga to Yorktown 9,560,000 Downtown Street Traffic Signal/Area Imp. Downtown Area 3,500,000 Ennis Joslin Extension Holly Road to Williams 3,400,000 TOTAL PROPOSITION TWO: $ 29,410,000 TOTAL PROPOSITION ONE and TWO: $ 84,410,000 RESOLUTION IN SUPPORT OF CALLING FOR A GENERAL OBLIGATION BOND ELECTION IN NOVEMBER 2014 FOR THE PURPOSE OF FUNDING STREET IMPROVEMENTS IN THE AMOUNT OF $84,410,000 (WITH $55,000,000 REPRESENTING STREETS IN THE GREATEST NEED OF RECONSTRUCTION AND $29,410,000, REPRESENTING STREET CAPACITY PRIORITIES AND OTHER STREET-RELATED IMPROVEMENT PROJECTS); AND TO REVIEW, FINALIZE AND APPROVE THE STAFF-RECOMMENDED STREET PROJECT LIST. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council declares its support and intent to approve a future Ordinance calling a November 2014 General Obligation Bond Election. SECTION 2: The City Council declares its intent to include in the November 2014 General Obligation Bond Election a Street proposition in the amount of $55,000,000 representing streets in the greatest need and a second Street Proposition in the amount of $29,410,000 for street capacity priorities and other street-related improvements. SECTION 3: The attached final list of projects to be included in a November 2014 General Obligation Bond Election (the "Project List") is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott FM FM W W � FM .- p °C m W �u O N C N p =3 o a 0 U m O a U � 0 N { Z@�� i11r4W i u iii W � �Ik fr -N k U) N O.® O � .r ri l ✓/j r ii�j r %�rr r:/��r�I/� Irrr% /zi%/i�%> ,� o l i%r�///I i��; �" ///�j %i�%l //,1��/Jr r/��� %/f/j//i%�r/z �///%�%��//�r✓.yo- /` ,��s;:'. /�"rr�� �i/� rjr�%�f/✓/r�r��%�/��/�rr �i/i/ri/////✓ � / ✓/Iii/l// �, u /2A / r/ / ✓ r //%/li />r/r//rj�r �j�/r��l/// % rr //r / / � r r r / l ri, ,�9�✓ // rr Iir�%✓/r fir%�ll%%/%��/r�r�r I/�r�l��%�rril�r�.,,�i �/f�%r/�� � /����, r � r r'r/////,/, ✓�//%�.% //,ir �// �//�/ ��ir/rl r / / /, � rr�/r /r%r z r ai�: �%%r r/ l/ l i /r✓r l// Ir//%, it� rl rri//i/�//�/�! r///� � ;, I/ //rl,//aii /� .r r/ / 1,�r//,�///,/��rl r i� � �/ �/i i jl%�/��r - �z/�f��%i /�%//r�i z./l/i/ / rim/��✓jrj �:: s ll���i�%%i/,i l��%��I'i.,/ j✓/�!. � %�%%�f/ Viz,z�/��J/�J,.tt "�', r �,, %%rii✓%7 ��l✓rf//� j//�%/rfj����r�/��ir/i,%/i /rim �/// %�i/✓�l�/ ,✓,�/,���ril//i�/ I/,zip //�� ✓�air/rr/�.�rz rr���,rr// , ���r////✓i / / /�/ri r biz/ �a r r r ////�Irfr¢i��r/r ✓ r//l rir//i I�r r fir/� r%i i t%r lr r � j;; cm / 9z %%�j� i�%��� ✓ill%ri �/r�r,f�� cirri% Jr �'°t � //�� �zs r rrr 'err /' r MW r✓ q � z mho h� iD y G � 00 N O O O O O -- __ N N N / O) C C C ' O O O n J m m m i m e q - m \/ �uj \ { � . ] \ � • ! � 5 Z � a \ � n & ] \ � • & _ - � \ \ � a \ ] \ 07 � • & \ \ - � \ \ \ - { \§ \ \Kt 'C', ( \ r4 k _ c c u / O �, \ \ \- u �_ \ ; e: §- ®- �- ` � a c G- _- E- / \- �- �- 2 /- �- \ �- _- 3- 3- a \ a- u o: \ 5- _- _- _ °- \ ( & 0 .§ .§ .§ _ #- »- ^ ° > A 3 a & / / / j \ \ fr k ,,µ o `r, `- F ; 'l't L Ul � � r� ;~ 7 fiS<( y f < ., ++ u1 of O u'+ L' p 41 _ V o o L F`a LLB t 3r fri`f "' < N 2 dU E -a tv 0- 0 < 41 Ln iJrr + + c Jim su Ul V o °' V °' [L N. v, :s;2 �_-� a, o f,(7 a) to jf�tr r F iJr� N a) cu 4 C fV 'N m of it{s^� ✓s i Vs -ty vii N E a) U rlfj r, p O + V -D °, O -� ,v ✓r +� = E -ts q ` nl o L zs a) L l � O — �l r F bo Ql ID 41 Kllj L L LL ql N Z30 < l ,�mayy art/�`���/ ✓ TS - C '° o 41 o r f Tf o :E 4,.. 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A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX- EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) (a) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, and (b) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements (the Construction Costs), (ii)the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii)the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv)the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations)which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $8,000,000 to finance a portion of the costs of the Project; and 57181096.2 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. -2- 57181096.2 SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 57181096.2 PASSED ON FIRST READING on the 16th day of July, 2013. PASSED AND ADOPTED ON SECOND READING on this the 23rd day of July, 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary APPROVED THIS DAY OF JULY, 2013: Carlos Valdez, City Attorney -4- 57181096.2 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 23rd day of July, 2013, relating to establishing the City's intention to reimburse itself in an amount not to exceed $8,000,000 for public improvements throughout the City, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of July, 2013. City Secretary (CITY SEAL) -5- 57181096.2 Bond Issue 2014 REVISED: Staff Recommended Project List PROPOSITION ONE: Street Limits Street Cost Alameda Street Kinney to Lipan $ 1,470,000 Gollihar Road Staples Street to Weber Road 7,570,000 Gollihar Road Weber Road to Carroll Lane 4,080,000 Gollihar Road Carroll Lane to Kostoryz 4,070,000 Morgan Avenue Ocean Drive to Staples Street 3,570,000 Corona Drive Flynn Parkway to Everhart Road 1,860,000 Ayers Street Ocean Drive to Alameda Street 4,330,000 Yorktown Boulevard Lake Travis to Everhart 4,340,000 Staples Street Alameda Street to Morgan Avenue 3,080,000 Southern Minerals Road Up River Road to IH 37 3,080,000 Yorktown Boulevard Everhart Road to Staples Street 6,680,000 Carroll Lane Houston to McArdle Road 2,340,000 Old Robstown Road State Hwy 44 to Leopard 2,670,000 Waldron Road Airdrome to Caribbean 3,600,000 Santa Fe Elizabeth to Hancock 1,160,000 ADA Masterplan Implementation Citywide 1,100,000 TOTAL PROPOSITION ONE: $ 55,000,000 PROPOSITION TWO: Ayers Street Turn Lane SPID to Gollihar Road 2,000,000 Chaparral Street Phase 2 Schatzel to Taylor 4,450,000 TxDOT Participation TBD 1,500,000 Traffic Signal & Lighting Imp. Citywide 5,000,000 Rodd Field Road Expansion Saratoga to Yorktown 9,560,000 Downtown Street Traffic Signal/Area Imp. Downtown Area 3,500,000 Ennis Joslin Extension Holly Road to Williams 3,400,000 TOTAL PROPOSITION TWO: $ 29,410,000 TOTAL PROPOSITION ONE and TWO: $ 84,410,000 .4@US Ga 0 H AGENDA MEMORANDUM N�oP©�p,EO Future Item for the City Council Meeting of July 23, 2013 1852 Action Item for the City Council Meeting of July 30, 2013 DATE: May 23, 2013 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director Eddie cctexas.com 826-3234 FROM: Hector G. Vallejo, Program Manager hector@cctexas.com 826-3027 Annual Board Meeting of the Corpus Christi Community Improvement Corporation CAPTION: Annual Board Meeting of the Corpus Christi Community Improvement Corporation (CCCIC) PURPOSE: The purpose is to appoint new City Council members to the Corporation, elect officers, amend the bylaws to provide for an annual meeting in February, and appoint members to the Loan Review Committee. BACKGROUND AND FINDINGS: The City Council acts as the Board of the CCCIC. With the election of new City Council members Rudy Garza, Lillian Riojas, Chad Magill, and Colleen McIntyre, it is necessary for the Board to appoint them to the CCCIC Board. The CCCIC is required to select a President and Vice President. The CCCIC will also elect a Tresurer and Secretary who do not have to be members of the Corporation and designate a General Manager. It is recommended that Constance Sanchez be elected as Treasurer, Assistant Director of Financial Services - Vacant, Assistant Treasurer, Armando Chapa, Secretary, Rebecca Huerta, Assistant Secretary. The CCCIC established the Loan Review Committee (Committee) on May 7, 1985. At that time of establishment, it was decided that the Committee would be composed of eleven members with (6) representing different professions; (2) from financial; (1) from health and human services; and (3) at-large. The members were originally given staggered years and then after that would be appointed for three year periods. Therefore, when their period expires they need to be re-appointed or replaced. The members can serve as long as they get re-appointed and there are no term limits. The Loan Review Committee reviews applications from Homeowners seeking assistance through the Neighborhood Serviecs Department's Single Family Rehabilitation Program. The Committee has three members who are up for re-appointment. David Cantu(Finanical), Barry Lobell (At-Large), and Clarrisa Briseno (Health and Human Services). Consideration of amending the CCCIC bylaws due to the change in election date for City Council members. It is recommended the date be changed from May to February. The amendment to Section 2.04 will read as follows: The annual meeting of the Board of Directors shall bbe held at the principal office of the Corporation during the third city r,,,IRGii moo+inn in May meeting in February of each year, or at such time and place as shall be designated by the President on three days written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. ALTERNATIVES: The Board may appoint new members from a list of applicants who have indicated an interest in serving on the Loan Review Committee. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed Board meeting conforms to City policy. EMERGENCY/ NON-EMERGENCY: This item is non-emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Take Necessary Action LIST OF SUPPORTING DOCUMENTS: Agenda for the annual meeting of the CCCIC Minutes of the October 23, 2012 Board Meeting Treasurer's Report Loan Review Committee Loan Packet Certification of Funds CCCIC bylaws AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION ANNUAL MEETING DATE: Tuesday, July 30, 2013 TIME: During the meeting of the City Council beginning at 11:30 noon. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. Call Meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Nelda Martinez, President Ron L. Olson, General Manager Priscilla Leal Armando Chapa, Secretary Mark Scott Mary Juarez, Asst. Secretary David Loeb Vacant, Treasurer Kelly Allen Constance P. Sanchez, Asst. Treasurer 3. Appointment of Rudy Garza, Lillian Riojas, Chad Magill, and Colleen McIntyre to the CCCIC Board. 4. Approval of the Minutes of October 23, 2012 meeting. 5. Election of Officers 6. Treasurer's Report 7. Consider amending the bylaws as follows: Changing the date of the annual meeting from "the second Wednesday of April of each year" to "a City Council meeting in February". 8. Appointment of Loan Review Committee members. 9. Public Comment 10. Adjournment CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCES FOR MONTH ENDING APRIL 30, 2013 Loan Program Special Project HOME Program Fund Fund Fund Total Revenues: Contribution from Federal Government 0 0 826,939 826,939 Interest on loans 9,258 13,549 22,710 45,517 Interest on investments 119 2 26 147 Rental income 0 0 0 0 Miscellaneous 1,739 0 514 2,253 Total revenues 11,116 13,551 850,189 874,856 Expenditures: Grants 23,320 0 96,059 119,379 Warranty Work 0 0 0 0 Community Development administration 0 0 4,807 4,807 Loan processing 437 0 864,097 864,534 Accounting services 0 0 0 0 Interest expense 0 0 0 0 Miscellaneous 36,072 0 0 36,072 Accumulated amortization- 0 0 0 0 forgivable loans 0 0 0 0 leasehold improvements 0 0 0 0 Accumulated depreciation-building 5,679 0 0 5,679 Total expenditures 65,508 0 964,963 1,030,471 Excess of revenues over expenditures (54,392) 13,551 (114,774) (155,615) Other financing sources(uses): Operating transfers in(out): Transfer From CDBG 0 0 0 0 Transfer To CDBG 0 0 0 0 Total other financing sources(uses) 0 0 0 0 Excess(Deficit)of revenues and other financing sources over expenditures and other uses (54,392) 13,551 (114,774) (155,615) Fund balances at July 31,2012 10,189,101 261,077 4,629,249 15,079,427 Fund balances at April 30, 2013 10,134,709 274,628 4,514,475 14,923,812 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET April 30,2013 Loan Program Special Project HOME Program ASSETS Fund Fund Fund Total Cash and investments 1,704,939 253,581 193,855 2,152,375 Due from U S Government/Other Fund 0 0 0 0 Mortgages receivable 8,385,675 0 4,330,547 12,716,222 Accrued interest receivable 0 0 0 0 Account receivable 0 0 0 0 Leasehold improvements(net of accumulated amortization) 0 0 0 0 Investment in property(net of accumulated depreciation) 98,080 21,047 0 119,127 Total assets 10,188,694 274,628 4,524,402 14,987,724 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable 2,038 0 9,927 11,965 Deposits 51,947 0 0 51,947 Due to other funds 0 0 0 0 Total liabilities 53,985 0 9,927 63,912 Fund Balance: Reserved for mortgages 8,385,675 0 4,330,547 12,716,222 Reserved for Investments 98,080 21,047 0 119,127 Unreserved 1,650,954 253,581 183,928 2,088,463 Total fund balance 10,134,709 274,628 4,514,475 14,923,812 Total liabilities and fund balance 10,188,694 274,628 4,524,402 14,987,724 CORPUS CHRISTI COMMUNITY L%IPROVEIVIENT CORPORATION BYLAWS ARTICLE I - OFFICES Section 1.01. The principal office of the Corporation shall be in the City of Corpus Christi, County of Nueces, State of Texas. ARTICLE II - DIRECTORS Section 2.01. The number of Directors which shall constitute the whole Board shall be nine. The initial Directors shall serve for a period coterminous with the terms of City Council members at the time of adoption of these bylaws. The successor Directors shall be elected for terms approximately coterminous with the terms of City Council members. Any Director may succeed himself. Section 2.02. Vacancies in the Board of Directors shall be pilled for the unexpired term by the election of successor Directors by the majority vote of thre remaining Board of Directors. Section 2.03. The property and business of the Corporation shall be managed by the Board of Directors which may exercise all powers of the Corporation and do all lawful acts. Section 2.04. The annual meeting of the Board of Directors shall be held at the principal office of the Corporation during the third City Council meeting in May of each year, or at such time and place as shall be designated by the President on three days' written notice to each of the Directors. All other meetings may be held at the place selected by the Board either within or without the State of Texas. Section 2.05. Regular meetings, other than the annual meeting, may be held at such time as shall be determined by the Board. Section 2.06. Special meetings of the Board may be called by the President on three days' notice to each Director, either personally or by mail or by telegram; special meetings shall be called by the President or Secretary in like manner on like notices on the written request of two Directors. Section 2.07. At all meetings of the Board the presence of a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the Directors present at any meetings at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by these bylaws. If a quorum shall not be present at any meeting of the Directors, the Directors present thereat may recess the meeting from time to time, without notice.other than announcement at the meeting, until a quorum shall be present. Section 2.08. A meeting of the Directors can be held at any time without notice upon the execution by all Directors, of a written waiver of notice, and likewise may be held without notice when all of the Directors are present at the meeting. Committee of Directors Section 2.09. The Board of Directors may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the Directors of the Corporation, which to the extent permitted by law and if so provided in said resolution or resolutions, when the Board is not in session, shall have and exercise the powers of the Board of Directors in the management of the business and affairs of the Corporation, and may have power to authorize the seal of the Corporation to be affixed to all papers which may require it. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. Section 2.10. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Section 2.11. Directors, as such, shall not receive any compensation for their services, but, by resolution of the Board a reimbursement of expenses of attendance, if any, may be allowed for attendance at such regular or special meeting of the Board. Members of special or standing committees may be allowed like reimbursement for attending committee meetings. ARTICLE III - NOTICES Section 3.01. Whenever, under the provisions of the statutes or these bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, addressed to such Director at such address as appears on the books of the Corporation, and such notice shall be deemed _ to be given at the time when the same shall be thus mailed. Section 3.02. Whenever any notice is required to be given under the provisions of the statutes or of these bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. -2- L ARTICLE N - OFFICERS Section 4.01. The officers of the Corporation shall be chosen by the Board of Directors. the Board of Directors shall choose from its members a President and a Vice President. The Board of Directors shall also choose a Secretary and a Treasurer who may or may not be members of the Board of Directors. The Board of Directors shall, by majority vote of all members, designate a General Manager of the Corporation. The General Manager shall not be a member of the Board of Directors, but shall serve at the pleasure of the Board of Directors, and shall be under their supervision. Any two or more offices may be held by the same person, except the offices of President, Secretary, and General Manager. Section 4.02. The Board of Directors shall choose such officers at its first meeting and at each annual meeting thereafter. Section 4.03. The officers of the Corporation chosen pursuant to Section 4.02 shall serve until the next annual meeting of the Board of Directors or until their successors are chosen and qualify in their stead. Section 4.04. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and f perform such duties as shall be determined from time to time by the Board. Section 4.05. Any office elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. The President Section 4.06. The President shall preside at all meetings of the Directors. Section 4.07. The President shall be ex officio a member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. Section 4.08. The President shall execute bonds, mortgages and other contracts requiring a seal, under the seal of the Corporation, except where required for permitted by law to be otherwise signed and executed and except where the sighing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent of the Corporation. Vice President Section 4.09. The Vice President shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, and shall perform such other duties as the board of directors shall prescribe. -3- a . The Secretary Section 4.10. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all special meetings of the Board of Directors and shall perform such other duties as may be prescribed by the Board of Directors under whose supervision he shall be. He shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and when so affixed, it shall be attested by his signature. And when the corporate seal is required as to instruments executed in the course or ordinary business he shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Treasurer Section 4.11. The Treasurer shall have the custody of the corporate funds and the securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Corporation and shall deposit all moneys and Other valuable effects in the name and to the credit of.the Corporation in a depository as shall be designated by the Board of Directors. He shall disburse the funds of the Corporation as may be ordered by the Board, taking proper vouchers for such disbursements, and shall render to the ` President and Directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Corporation. The Board of Directors may appoint an Assistant Treasurer to assist the Treasurer and who, in the absence or inability of the Treasurer to serve, shall perform the duties of the Treasurer. The General Manager Section 4.12. The General Manager shall oversee and be responsible for the overall management and administration of the Corporation. Section 4.13. The Board of Directors may require the President, Vice President, the Secretary and the Treasurer to give the Corporation bonds on such sums and with such surety or sureties as shall be satisfactory to the Board for the faithful performance of the _ duties of their office and for the restoration to the Corporation, in case of death, resignation, retirement or removal from office, of all books, papers, vouchers, money and other property of whatever kind in their possession or under their control belonging to the Corporation. ARTICLE V - FISCAL PROVISIONS Section 5.01. The Board of Directors shall have prepared for each annual meeting a full and clear statement of the business and condition of the Corporation. -4- 4 p t Checks Section 5.02. All checks or demands for money and notes of the Corporation shall be signed by and any two of the following: the President, the Vice President, the Secretary, the Treasurer, the Assistant Treasurer, the General Manager, or such other person or persons as the Board of Directors may from time to time designate. Fiscal Year Section 5.03. The fiscal year shall be determined by resolution of the Board of Directors. ARTICLE VI - SEAL Section 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle the name of the Corporation, and shall have inscribed in the inner the letters "T E X A S" and a five-pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The imprint of this seal thus authorized is affixed opposite to this section. ARTICLE VII - AMENDMENTS Section 7.01. These bylaws may be altered, changed or amended at any meeting of the Board of Directors at which a quorum is present, provided notice of the proposed alteration, change or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the Directors at such meeting and present thereat. Includes Amendments through 10-25-93 -5- CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE — Three (3) vacancies with terms to 5-07-16 representing the following categories: 1 —Financial Institution, 1 —Health and Human Services, and 1 — At Large. (This is a "Non-City"Board and term limits do not apply to this Corporation's Committee.) DUTIES: Review and approve loan applications submitted through the various loan programs in accordance with the Rehabilitation Loan Handbook. COMPOSITION: Eleven (11) members to serve three -year terms. The committee shall be composed of the following representatives: 4 - members from the following professions: legal, real estate agency, general contractor/ remodeled homebuilder, architect, engineer, residential home designer; 2 - financial institutions; 1 — member employed in the delivery of Health and Human Services; and 4 - community at large. Appointments to be made by the Board of Directors of CCCIC (City Council). Members must comply with the City's Code of Ethics. Chairman to be selected by Loan Review Committee for a one-year term. ORIGINAL MEMBERS TERMS APPTD. DATE Alice Vaughan (Real Estate), Chair 5-07-15 3-16-93 Cathy Mehne (Community at Large) 5-07-15 9-25-12 Monique Espinosa(Community at Large) 5-07-14 9-25-12 *David Cantu (Financial Inst.) 5-07-13 5-12-98 Keith Parker (Engineer) 5-07-15 5-26-09 Dalia Garcia (Community at Large) 5-07-14 9-25-12 *Barry Lobell (Community at Large) 5-07-13 5-12-98 *Clarissa Lopez-Briseno (Health/Human Svcs) 5-07-13 11-17-09 Herbert Schueneman (Financial Inst.) 5-07-14 9-25-12 Ben Molina (Architect/Homebuilder) 5-07-15 9-25-12 Robert C. Pate (Legal) 5-07-15 9-25-12 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ****Exceeded number of absences *****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 David Cantu(Financial Inst.) 7 5 71% Barry Lobell(At Large) 7 7 100% Clarissa L. Briseno (Hlth./Hmn. Svcs.) 7 4 57% OTHER INDIVIDUALS EXPRESSING INTEREST: Lee R. Hassman Managing Partner/Realtor, Tropical Realtor. 3105 Santa Cruz, 78414 Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes II. (At Large) (3119112) Julia McCoy Realtor, Group One Real Estate. 5930 Parkland Dr., 78413 Former City employee (+5 yrs) as Assistant to the Director of Development Services, and Staff assistant to the Building Code Board of Appeals (BOA), Electrical Code BOA, and Mechanical/Plumbing BOA. (At Large) (3/20/12) Burris W. McRee Real Estate Broker/Owner, Gulftex Properties, Inc. 5717 Oso Parkway, 78414 Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on BOD for two commercial condominium owners associations and Co-Chairman 2012 for Corpus Christi Chapter of Ducks Unlimited. (At Large) (3120112) Leslie Marin Business Manager, YMCA of the Coastal Bend. 7009 Eldora Dr., 78413 Received a BBA from Texas A&M University-Corpus Christi. Former Accounting Manager at the American Bank Center. Activities include: coordination/financial oversight of "Celebrations of Collaborations with Tim Tebow" event, Shoes for Kids, and Northside Backpack Giveaway. Volunteers with Breast Cancer Organization, Miracle League of Corpus Christi, Habitat for Humanity and Corpus Christi Food Bank. (Health/Human Services) (Financial Institution) (At Large) (7125113) Cynthia Laura Martinez Internal Auditor, Nueces County Sheriff s Office. 5509 Crossgate Dr. S, 78413 Received Associates in Applied Science degree — Networking Technology from Del Mar College. Currently working toward a Bachelor's Degree in Business Administration at the University of Incarnate Word. Activities include: Sheriffs Employee Association member. (At Large) (5118112) Lyndon E. Smiling Operations Manager, Sikorsky Aircraft. 221 Clearview Dr., 78418 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. (At Large) (06/04/13) Brian Solarek Global Services and Support Logistics Lead, Boeing. 14018 Hawksnest Bay Dr, 78418 Received a Masters degree in Organizational Dynamics from the University of Pennsylvania and a BA in Management/Marketing from Kutztown University. Very willing and interested to serve on a City Board. (At Large) (07/25/13) Matt Teifke, Jr. Realtor, Garron Dean & Associates Realtors. 208 Circle Dr., 78411 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. (At Large) (4127112) Damaso Robert Vela, 11 Loan Processor, Coastal Community and Teachers Credit 7221 So. Staples, 78413 Union. Graduated from Moody High School. Completed business classes at Del Mar College. (Financial Institution) (At Large) (10103112) Theunis "Tim" Voorkamp Broker/Managing Partner/Owner, Corpus Christi Excel 7614 Loire Blvd, 78414 Properties Inc./Nueces Tax Relief/TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission. (Financial Institution) (At Large) (3119112) Jo Woolsey Self-Employed, Woolsey Legal Services. 5906 Raven Hill Rd, 78414 Attended Victoria Junior College. Previously worked in Legal field in Corpus Christi, now self-employed in Legal field. Activities include: Member of the Athenian Club. (At Large) (7131112) AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of July 30, 2013 `"va { Second Reading Ordinance Item for the City Council Meeting of August 20, 2013 is DATE: July 9, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Department of Development Services MarkVV @cctexas.com 361-826-3246 Reimburse Isaac C. Anthony, II I and Betty Anthony for the wastewater lot/acreage fees paid in 1996. CAPTION: Ordinance appropriating $1,135.31 from the No. 4220 Wastewater Trunk System Trust Fund to refund Isaac C. Anthony, III and Betty Anthony the wastewater lot/acreage fees paid since wastewater services are not available nor will any be available within the next 5 years as related to King Estates Unit 2, Block 7, Lot 3. PURPOSE: In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner may request that the City Council refund the wastewater acreage fees that were paid in 1996. BACKGROUND AND FINDINGS: In March 1996, the developer of King Estates Unit 2 paid the wastewater acreage fee as required during the platting of the property. The Platting Ordinance in 1993 required payment of the wastewater acreage fees or an exemption from the fees by the City Council. The Developer was denied an exemption and paid the fees. In the 1993 Platting Ordinance as well as the current Unified Development Code (UDC), the current property owner may request a refund of the pro-rated fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies if the petitioners are the property owners; no wastewater lines currently serve the petitioners' property; and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. City Council Agenda Memorandum Isaac&Betty Anthony Wastewater Acreage Fee Refund Page 2 The plat of King Estates Unit 2 was recorded on March 15, 1996. It has been 17 years since the plat was recorded. King Estates Unit 2 contained 127.08 acres and paid $56,204.28 in wastewater acreage fees. The Anthony's property, Lot 3, Block 7, contains 45,000 square feet or 1.033 acres. Pro-rating the fees paid and the Anthony's property, Lot 3, Block 7 is credited for $456.90. Based on the fee value of $456.90 paid in 1996, the Anthony's are currently due $1,135.31. Since the fee was paid in 1996 and has been accruing interest, it is in the best interest of the City to authorize payment to Mr. & Mrs. Anthony. Until monies are refunded to the Anthony's, the amount due will continue to increase. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Not Applicable. Refund request. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $710,372.66 Encumbered / Expended Amount $708,839.63 This item $1,135.31 BALANCE $397.72 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. Mrs. Anthony's wastewater acreage fee plus the required 5.5% interest per annum. City Council Agenda Memorandum Isaac&Betty Anthony Wastewater Acreage Fee Refund Page 3 LIST OF SUPPORTING DOCUMENTS: Location Map Isaac C. Anthony, III & Betty Anthony Refund Request Ordinance K:\DEVELOPMENTSVCS\SSHARED\LEGISTAR\2013 CC AGENDA ITEMS\7-30-2013\KING ESTATES UNIT 2,BLOCK 7,LOT 3\KING ESTATES UNIT 2 AGENDA MEMO EXEC Summary.aocx — - S _ m N s gq m f ih NATASHIA LANE 1 i 34 En CAITLVN LANE EF; LOT 3, BLOCK 7, � KING ESTATES UNIT 2 Miles 0 0.035 0.07 0.14 44 286 Legend ;r Corpus Christi Bay 358 ■....... �� r i PLANNING.CITYLIMITS 0 Oa�O 'y4S so Title:Isaac C.&Betty Anthony 'B --,1- Printing Date:07/12/2013 _ Site = File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\King Estates Unit 2,Block 7,Lot 3.mxd Prepared By:MSS Illustrative purposes only. -�� 4 City of Coordinate System: '�� a Corpus NAD 1983 StatePlane Texas South RIPS 4205 Feet LOCATION MAP ;/ Christi ©City of Corpus Christi©Development Services ,,; The Law Office of C. Eric Anthony, Attorney at Law,P.C. 6000 South Staples Suite 400 2818 South Port Avenue Corpus Christi,Texas 78413 Corpus Christi, Texas 78405 Phone:(361)888-5279 Fax.(361 888-5296 June 24,2013 Michael Saldana Development Services 2406 Leopard Corpus Christi, Texas 78408 RE: Wastewater Development Fees Reimbursement My Client: Isaac C. Anthony, III and Betty Anthony 5921 King Trail Corpus Christi, Texas 78414 Legal Description: King Estates Unit 2 Lt 3 Blk 7 Dear Mr. Saldana , Please be advised that I represent the interest of Isaac C.Anthony, III and Betty Anthony in their request for reimbursement. If you have any questions do not hesitate to contact me. Sincerely, C. Eric Anthony Attorney at Law CEAJdg Ordinance appropriating $1,135.31 from the No. 4220 Wastewater Trunk System Trust Fund to refund Isaac C. Anthony, III and Betty Anthony wastewater lot/acreage fees previously paid for Lot 3, Block 7, King Estates 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 $1 ,135.31 is appropriated from the No. 4220 Wastewater Trunk Line Trust Fund to refund Isaac C. Anthony, III and Betty Anthony wastewater lot/acreage fees previously paid for Lot 3, Block 7, King Estates 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 day of 20 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor U� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 30, 2013 1852 Second Reading Ordinance for the City Council Meeting of August 20, 2013 DATE: July 15, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager— Business Support Services WesP@cctexas.com (361) 826-3082 Amended Lease with (Corpus Christi Baseball Club, LP) for Use and Management of Whataburger Field Lease. CAPTION: Ordinance authorizing the City Manager, or designee, to execute the First Amended and Restated Lease Agreement ("Amended Lease") between the City of Corpus Christi ("City") and the Corpus Christi Baseball Club, LP ("Lessee") for operating Whataburger Field ("Baseball Stadium") as a professional baseball venue, in consideration of an additional fifteen (15) year term and Lessee's rental payments therefore. PURPOSE: Ordinance amending the stadium lease agreement between the City of Corpus Christi and Corpus Christi Baseball Club, LP (Hooks). BACKGROUND AND FINDINGS: In 2004 the City entered into a lease agreement with Corpus Christi Baseball Club, LP (Hooks) for the use and management of the City's baseball stadium (Whataburger Field). As the stadium is an asset of the City it is in the City's best interest to ensure that it is properly maintained over the long-term. It is proposed that the City amend the lease with the Hooks to ensure appropriate long-term maintenance and secure an extended commitment by the Hooks, effectively keeping the Hooks in Corpus Christi for an additional 15 years beyond their initial lease term. The table below outlines the main deal points of the existing and amended lease agreements. The main deal points include: Term, Rent, Maintenance Requirements, Acceleration of Rent, and the Player Development Contract (PDC): Lease Terms Existing Terms Proposed Terms 15 years plus Term 15 additional years; Two 5 year options Total of 30 years Years 1 —5 = $50k Rent Years 16—20 = $80k Years 6 — 10 = $60k Years 21 —25 = $90k Years 11 — 15 = 70k Years 26—30 = $100k Hooks = 100% Maintenance Hooks spend $350k/year on City = 0% Requirements maintenance and capital items; City will reimburse up to $175k/ ear. None Acceleration Yes of Rent Yes Requirement for Player Yes Development Contract Definition of Term Term Duration of lease agreement. Rent Amount of money paid to the City for use and management of the stadium. Maintenance Describes the commitment by both the Hooks and the City to maintain Requirements the stadium. Acceleration of Rent As a condition of default, all remaining rent for the entire term of the contract would be due in full if the default was not cured. Requirement for Hooks are required to maintain, during the entire term of the Player Development agreement, an affiliation with a Major League Baseball Franchise Contract through a Player Development Contract. Stadium Maintenance The amended lease continues to require the Hooks to perform stadium maintenance at Whataburger Field. The agreement requires the Hooks to create an annual maintenance plan and spend a minimum of$350,000 on maintenance and capital items per year, If the team meets this requirement, the City will reimburse up to $175,000 of those expenses annually. Next Steps The deal terms of the amended lease are broadly outlined above. Staff will present specific terms to the City Council in executive session on Tuesday, July 30, 2013. Upon completion of the executive session and prior to Council action on the first reading of the proposed ordinance, the final lease will be made available to the general public. ALTERNATIVES: Decide not to amend the existing lease. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: (Includes Master Plans, Financial Plans, Strategic Plans, Land Use Plans, IT Plans, etc.) EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. This item is a lease for a period longer than 5 years and will require a 28-day delay between readings. DEPARTMENTAL CLEARANCES: Assistant City Manager— Business Support Services, Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2011- Expenditures 2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: (Insert any brief comments that may be necessary to explain chart) "This item" — Enter amount obligated by the item in future years (if applicable). RECOMMENDATION: Staff recommends approval of the Lease Amendment as summarized above. LIST OF SUPPORTING DOCUMENTS: Ordinance- Whataburger Field Amended Lease—Whataburger Field Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to execute the First Amended and Restated Lease Agreement ("Amended Lease") between the City of Corpus Christi ("City") and the Corpus Christi Baseball Club, LP ("Lessee") for operating Whataburger Field ("Baseball Stadium") as a professional baseball venue, in consideration of an additional fifteen (15) year term and Lessee's rental payments therefore. WHEREAS, Lessee entered into a stadium lease agreement, approved by Corpus Christi City Council by Ordinance No. 025662 on April 24, 2004, ("Original Lease"); Whereas, the City desired to amend this Original Lease to provide for additional term and maintenance requirements by Lessee; Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager, or designee, is hereby authorized to execute the Amended Lease between the City and the Lessee for operating the Baseball Stadium as a professional baseball venue, in consideration of an additional fifteen (15) year term and Lessee's rental payments therefore, which Amended Lease is on file with the City Secretary's office. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following vote: Nelda Martinez 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 Ordinance—Amended Whataburger Field Lease 7-25-13 Page 2 of 2 Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor Ordinance—Amended Whataburger Field Lease 7-25-13 se cc 4 AGENDA MEMORANDUM ¢ aRY First Reading Ordinance for the City Council Meeting of July 30, 2013 is Second Second Reading Ordinance for the City Council Meeting of August 20, 2013 DATE: July 22, 2013 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc@cctexas.com (361) 826-3105 Ordering a Special Election — November 5, 2013 CAPTION: Ordinance ordering a special election to be held on November 5, 2013 in the City of Corpus Christi on the question of authorizing one or more series of bonds supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; making provisions for the conduct of such joint election; and enacting provisions and resolving other matters incident and related to such election. PURPOSE: This item will allow for a Special Election to be held on November 5, 2013 to consider one proposition: whether the City of Corpus Christi should issue general obligation bonds in the aggregate principal amount of not more than $44,600,000 for the purpose of designing, demolishing, constructing, acquiring, improving and equipping a public-private project known as Destination Bayfront (actual ballot wording is listed in the ordinance). BACKGROUND AND FINDINGS: On Tuesday, July 30, 2013, the City Council passed a resolution directing staff to prepare an election ordinance with the approved proposition and ballot language. ALTERNATIVES: None. OTHER CONSIDERATIONS: In a separate resolution, the Council will stipulate that the sale of bonds will not occur until the City has received private contributions and other financial support for the project. CONFORMITY TO CITY POLICY: This ordinance complies with the requirements of the Texas Government Code and Texas Election Code. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Legal Engineering Department Finance Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget 200,000 Encumbered / Expended Amount This item 1 200,0001 1 BALANCE 0 Fund(s): Comments: None RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance ordering a Special Election to be held on November 5, 2013 in the City of Corpus Christi on the question of authorizing one or more series of bonds supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; making provisions for the conduct of such joint election; and enacting provisions and resolving other matters incident and related to such election. WHEREAS, Chapters 1251 and 1331, as amended, Texas Government Code specifies certain requirements for the conduct of elections by Texas municipalities concerning the issuance of bonds and the levy of an ad valorem tax in support of payment thereof; and WHEREAS, Section 3.004 of the Texas Election Code provides that municipal authorities shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of officers to hold the election, and other matters related to the holding of the election; and WHEREAS, Section 3.006 of the Texas Election Code provides that in addition to any other elements required to be included in an election order by other law, each election order must state the date of the election and the offices or measures to be voted on at the election; WHEREAS, Nueces County will also be conducting a Special Election on November 5, 2013; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special Election (the "Election") shall be held in the city of Corpus Christi, Texas (the "City") on Tuesday, November 5, 2013 ("Election Day"). SECTION 2. At the Election all qualified voters of the City shall be permitted to vote. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the applicable provisions of the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City, as set forth on Attachment A, hereto incorporated by reference and made part of this Ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. SECTION 4. The City Secretary shall conduct the Election as directed by this Ordinance and by law, pursuant to the Joint Election Agreement to be entered into with Nueces County. SECTION 5. The eSlate direct recording equipment shall be used for the conduct of the Election on Election Day and for early voting. Early voting in person at each of the Ordinance-Special Election 2013 2 temporary branch polling places shall be conducted on Monday, October 21, 2013 through Friday, November 1, 2013 (inclusive of Saturday and Sunday). Such early voting in person may be conducted at the main early voting polling place located at Nueces County Courthouse, 901 Leopard, as well as at the permanent branch polling places as set forth in Attachment B, incorporated by reference and made a part of this Ordinance. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, and then incorporated by reference and made a part of this Ordinance, during the days and hours specified therein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place serve all Election precincts. The City shall also utilize a Central Counting Station (the Station) as provided by Section 127.001, et seq., as amended, Texas Election Code, as amended. The elections administrator of Nueces County, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code, as amended. The City Council hereby appoints the elections administrator of Nueces County, or the designee thereof, as the Tabulation Supervisor and the elections administrator of Nueces County, or the designee thereof, as the Programmer for the Station. Lastly, elections administrator of Nueces County, or the designee thereof will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code, as amended. SECTION 6. All resident qualified voters of the City shall be permitted to vote at the Election, and on Election Day and Early Voting, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, Chapter 1251, as amended, Texas Government Code, and as may be required by any other law. All materials and proceedings relating to the Election shall be printed in both English and Spanish. The City Secretary is directed to post and publish such Election notices as are required by the Election Laws of the State of Texas. This notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than twenty-one (21) days prior to Election Day, and be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to Election Day. The City Secretary is appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State, including, but not limited to coordinating the Election process, in accordance with the Joint Election Agreement to be executed with Nueces County. The City Secretary is authorized to approve all lawful changes and additions to the procedures provide herein Ordinance-Special Election 2013 3 in order to implement such agreement, including provisions for substations, mobile voting sites and Election Day polling sites. SECTION 7. At the Election, the City voters shall be presented with the following proposition (in English and Spanish) in the form prescribed by applicable Texas law: Proposition No. 1 Shall the City Council of the City of Corpus Christi, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $44,600,000 for the purpose of designing, demolishing, constructing, acquiring, improving and equipping a public-private project known as Destination Bayfront -- a parks, recreation and cultural enrichment project developed with public input to make improvements, renovations and enhancements to revitalize approximately 34 acres of public land and beach downtown, which would leverage public construction dollars with private donations and other sources of funding for ongoing park programming, operation and maintenance costs, the improvements and amenities to be made having been developed through a series of public meetings and which include: • Improvements to Veteran's area including shaded event space, restrooms and handicap parking; • Large event area with covered stage, including necessary utility connections and lighting to support festivals and other large events; • Boardwalk promenade along the seawall with shade structures and restrooms adjacent to shops and restaurants; • Public pier with shade structures; • ADA ramp to access Magee beach and beach wash off stations; • Children's and family play areas including shaded seating, recreational and playground equipment for all ages, a climbing wall, and a water spray feature; • Senior exercise area; • Hiking and jogging trails and sports courts; • Dog park; • Picnic area; • Adding shaded areas, landscaping, lighting, parking, drop off points and transportation connection improvements throughout the site; and • Construction, renovation and acquisition of buildings and other facilities for lease or grant of retail, food or other concessions to private entities; with such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by law at the time of any such issuance), as shall be determined within the discretion of the City Council (provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limits provided by law, on all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at Ordinance-Special Election 2013 4 maturity and to pay the costs of any credit agreements executed in connection with the bonds? SECTION & The official ballot shall be prepared in accordance with the Texas Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid proposition which shall appear on the ballot substantially as follows: Proposition No. 1 The issuance of one or more series of general obligation bonds of the City in the aggregate principal amount of not more than $44,600,000 and the levy of a tax for payment thereof, for the purpose of designing, demolishing, constructing, acquiring, improving and equipping a public-private project known as Destination Bayfront -- a parks, recreation and cultural enrichment project developed with public input to make improvements, renovations and enhancements to revitalize approximately 34 acres of public land and beach downtown, which would leverage public construction dollars with private donations and other sources of funding for ongoing park programming, operation and maintenance costs, the improvements and amenities to be made having been developed through a series of public meetings and which include: • Improvements to Veteran's area including shaded event space, restrooms and handicap parking; • Large event area with covered stage, including necessary utility connections and lighting to support festivals and other large events; • Boardwalk promenade along the seawall with shade structures and restrooms adjacent to shops and restaurants; • Public pier with shade structures; • ADA ramp to access Magee beach and beach wash off stations; • Children's and family play areas including shaded seating, recreational and playground equipment for all ages, a climbing wall, and a water spray feature; • Senior exercise area; • Hiking and jogging trails and sports courts; • Dog park; • Picnic area; • Adding shaded areas, landscaping, lighting, parking, drop off points and transportation connection improvements throughout the site; and • Construction, renovation and acquisition of buildings and other facilities for lease or grant of retail, food or other concessions to private entities. SECTION 9. The voter-approved obligations issued pursuant to Proposition 1 referenced above shall be secured by the full tax rate authorized by the Texas Constitution, in accordance with Article VIII, Section 1(b) of the City Charter. SECTION 10. By approving and signing this Ordinance, the Mayor officially confirms as her action all matters recited in this Ordinance, which by law come within her jurisdiction. SECTION 11. The City Manager of the City is hereby authorized, as necessary or desired, to make such technical modifications to this Ordinance that are necessary for Ordinance-Special Election 2013 5 compliance with applicable State or federal law or to carry out the intent of the City Council, as evidenced herein. SECTION 12. 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 be given full force and effect for its purpose. SECTION 13. 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 14. 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 15. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 16. It is officially found, determined, and declared that the meeting at which this Ordinance was 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 17. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption. ATTEST: City Secretary Mayor The City of Corpus Christi Ordinance-Special Election 2013 6 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 day of , 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor Ordinance-Special Election 2013 ATTACHMENT A [To be inserted-polling places in the regularly prescribed precincts of the City of Corpus Christi] Ordinance-Special Election 2013 8 ATTACHMENT B [To be inserted - temporary branch polling places as set forth in Attachment B] Ordinance-Special Election 2013 9 ATTACHMENT C [To be inserted--the mobile temporary branch polling places, during the days and hours specified therein.] Ordinance-Special Election 2013 .4@US Ga 0 H AGENDA MEMORANDUM NoP© p,E° Future Item for the City Council Meeting of July 30, 2013 1852 Action Item for the City Council Meeting of August 20, 2013 DATE: July 25, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com, (361) 826-3729 Resolution Establishing the City's Binding Intention For Destination Bayfront Bond Issuance CAPTION: Resolution establishing the City's binding intention to issue General Improvement Bonds to design, develop, construct, renovate, and improve Destination Bayfront upon obtaining the approval of City voters and upon raising private contributions and other financial support of such Project; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: If the proposition for Destination Bayfront is approved by City voters on November 5, 2013, this agreement will guarantee the timing of bond issuance for Destination Bayfront to be contingent upon the successful raising of private funds. BACKGROUND AND FINDINGS: This election will provide City voters with the opportunity to authorize the issuance of bonds for a public- private project known as Destination Bayfront — a plan developed with public input to make improvements, renovations and enhancements to revitalize and economically develop approximately 34 acres of public land and beach downtown by leveraging public construction dollars with privately raised funds for ongoing park programming, operation and maintenance costs. Prior to the City issuing the bonds and prior to construction starting, privately raised funds in the amount of $15 million will be identified and deposited or pledged to support the long-term maintenance and operation of the project. ALTERNATIVES: Do not approve this resolution binding the timing of bond issuance to successful private fundraising, if the project is approved by voters in November 2013. (Not Recommended) OTHER CONSIDERATIONS: A second election item (Ordinance) is being presented for City Council approval during this meeting which would call for a November 5, 2013 election where city voters will have the opportunity to approve issuing bonds for the City share of this project. CONFORMITY TO CITY POLICY: This item conforms to City Charter requirements regarding issuing bonds and complies with the Texas Election Code. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Engineering Services Department Legal Department Finance Department Management and Budget Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Expenditures Fiscal Year: 2012-2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Approval of this Resolution does not create a financial obligation at this time. RECOMMENDATION: Approval of the Resolution as proposed. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution establishing the City's binding intention to issue General Improvement Bonds to design, develop, construct, renovate, and improve Destination Bayfront upon obtaining the approval of City voters and upon raising private contributions and other financial support of such Project; authorizing other matters incident and related thereto; and providing an effective date. WHEREAS, the City Council (the Council) of the City of Corpus Christi, Texas (the City) will hold an election on Tuesday, November 5, 2013 (the Election) at which all residents, qualified electors of the City shall be entitled to vote concerning the issuance of not to exceed $44,600,000 of general improvements bonds, to be secured by and payable from an ad valorem tax levied, within the legal limits prescribed by law, upon all taxable property located in the City (the Bonds) for the purpose of making permanent public improvements and other public purposes, being the design, demolition, construction, acquisition, improvement, and equipment of a joint public-private participation parks, recreation, and cultural enrichment revitalization project known as Destination Bayfront, being the result of the collaborative efforts of the public and private sectors through a process of community input to develop a plan to make improvements to, renovate, and enhance an approximately 34-acre parcel of public land and beach located in the City's downtown area (the Project); and WHEREAS, the City has the authority under applicable Texas law, including Chapters 1331 and 1509, as amended, Texas Government Code, and Chapter 331, as amended, Texas Local Government Code, to issue the Bonds for the purpose of financing the capital costs of the Project; and WHEREAS, the Council is hopeful that the resident, qualified voters of the City will approve the issuance of the Bonds; and WHEREAS, the details of the Project have been developed based upon significant community input from both the public and private sectors; and WHEREAS, a significant component of the Project includes the raising of funds from other sources, in addition to proceeds of the Bonds, that will support ongoing Project maintenance and operating expenses, as well as continued improvements over its life; and WHEREAS, the Council has specified the City's intention at public meetings, presentations, and in written documents that have been disseminated for public information to issue the Bonds approved by City voters only upon receiving confirmation and assurance that these other funds have been raised or identified to pay the costs of operating and maintaining the Project; and WHEREAS, the entity known as Destination Bayfront is a Texas nonprofit corporation with a business address of 800 North Shoreline Ste 100, South Tower, Corpus Christi, Texas, 78401; and Resolution for Destination Bayfront 1 of 5 WHEREAS, prior to issuance of the Bonds and prior to construction, Destination Bayfront will raise $15 million dollars for an endowment to pay for long term programming, operation and maintenance of the park that will result from the completion of the Project; and WHEREAS, in this Resolution, the term raise or raised shall mean deposited or pledged where pledges will be discounted according to standard allowances for non- payment; and WHEREAS, dedicated Hotel Occupancy Tax funds may be counted toward the requisite pledge total, along with long term multi-year sponsorships, grants, and gifts, as long as those commitments are in writing and from a credit worthy source; and WHEREAS, the Council would like to formally establish its intention to issue the Bonds only upon receiving assurance that these other other funding sources to support the completed Project have been Raised, as that term is described above; and WHEREAS, the Council recognizes that the adoption of this Resolution and the specifications to issue the Bonds only upon identifying and obtaining reasonable assurance that the other funds to support the maintenance and operation of the completed Project have been Raised constitutes a contract with the City voters which will bind this Council and future Councils and such covenant may not be changed or revised; and WHEREAS, the Council hereby finds and determines that these actions are in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1: The Council covenants and pledges to the City voters that the City will not issue any Bonds until it has identified and obtained reasonable assurance that Destination Bayfront has Raised other funds to support the maintenance and operation of the Project. SECTION 2. Prior to issuance of the Bonds and prior to construction, Destination Bayfront will Raise $15 million dollars for an endowment to pay for long term programming, operation and maintenance of the park that will result from the completion of the Project, where the term Raise or Raised shall mean deposited or pledged, where pledges will be discounted according to standard allowances for non-payment under US GAAP or GAAP, the "generally accepted accounting principles" and rules used in the United States. SECTION 3. Dedicated Hotel Occupancy Tax funds may be counted toward the requisite pledge total, along with long term multi-year sponsorships, grants, and gifts, as long as those commitments are in writing and from a credit worthy source. Resolution for Destination Bayfront 2 of 5 SECTION 4: City officials, City staff, and City consultants are authorized and directed to publicise the adoption of this Resolution to emphasize the City's covenant and pledge to the residents of the City to issue Bonds only after until it has identified and obtained reasonable assurance that the other funds have been Raised to support the maintenance and operation of the park that will result from the completion of the Project. SECTION 5: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 6: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provisions of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 7: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 8: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 9: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 10: This Resolution shall become effective immediately upon passage. Resolution for Destination Bayfront 3 of 5 PASSED AND APPROVED, this the day of , 2013. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resolution for Destination Bayfront 1 of 5 Corpus Christi, Texas of 2013 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Resolution for Destination Bayfront 2 of 5 US C 1__ AGENDA MEMORANDUM fk dft C90 A'k Future Agenda Item for City Council Meeting of July 30, 2013 DATE: July 23, 2013 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations LawM cctexas.com 361-826-1972 Request approval to amend Chapter 21 of the City's Code of Ordinances, to regulate the use of plastic checkout bags and establish a system to monitor and collect environmental recovery fees. CAPTION: AN ORDINANCE AMENDING CHAPTER 21, PART III 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. PURPOSE: The purpose is to encourage the use of reusable shopping bags and decrease litter by imposing a fee for single-use plastic checkout bags. BACKGROUND AND FINDINGS: Single-use plastic checkout shopping bags have become a significant problem for the City of Corpus Christi. When combined with prevalent windy conditions, plastic checkout bags collect on trees, fences, farm crops, and are washed into the storm water collection system and eventually into our adjacent waters. Plastic checkout bags detract from the City's beauty, are harmful to wildlife, and place a financial burden on the City to clean up litter. As a tourist destination, located adjacent to sensitive estuaries, bays and the Gulf of Mexico, the City needs to take action to resolve a growing problem. Previous City Council Updates: May 2012 — Presentation of plastic checkout bag survey, with discussion of enforcement issues. October 9, 2012 — Update on recently completed online plastic checkout bag survey which found only 5% of respondents used re-usable bags. October 23, 2012 - Update on community and organizational meetings related to Plastic Checkout Bag initiative as well as media buys, and promotion of A Bag's Life. February 21, 2013 - Update on ongoing partnerships with "Plastic Checkout Bag Challenge"; introduction of Green Star Program quarterly reporting form (draft); and discussion of litter ordinance updates April 16, 2013 — Discussion of the Green Star Program, environmental recovery fee, and ordinance updates. May 28, 2013— Mayor Martinez withdrew an Action Item regarding plastic checkout bags ALTERNATIVES: Staff considered other options, ranging from an education/marketing program to completely banning plastic checkout bags. OTHER CONSIDERATIONS: The staff held numerous meetings with retailers and other interested parties to explore options. Staff considered the actions taken by other cities to control litter created by single-use bags. CONFORMITY TO CITY POLICY: The ordinance and program confirm to City policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: City Attorney FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012 Expenditures - 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Revenue ($0) ($1,300,000) ($1,300,000) Encumbered / Expended Amount This item $0 $1,300,000 $1,300,000 BALANCE $0 $0 $0 Fund(s): #1020—General Fund Comments: All revenue collected would be put back into programs to reduce plastic checkout bag litter, such as giving away reusable bags, education, and litter clean-up and enforcement. For FY 2013-14, we estimate 5 months revenue of $542,000 5 months of expense of $542,000. The amount of expense is contingent upon, and equal to, the amount of revenue earned. RECOMMENDATION: Review and approve the proposed ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance and Powerpoint presentation AN ORDINANCE AMENDING CHAPTER 21, PART III 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. WHEREAS, the City of Corpus Christi has a duty to protect the natural environment, the economy and the health of its citizens; WHEREAS, the City of Corpus Christi is adopting this ordinance in order to comply with federal requirements regarding the elimination of pollution and keeping coastal waters clean and free of litter; and WHEREAS, the City of Corpus Christi is adopting this ordinance to assist in avoiding federal or state penalties or fines that may result from pollution related violations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT, from and after the passage of this Ordinance Chapter 21 of the City Code of Ordinances shall be amended by addition of a new Article VI, to read as follows: "Chapter 21. Garbage, Trash and Other Refuse. Article VI. Plastic Checkout Bags Sec. 21-60. Definitions. (a) Business means any commercial enterprise or establishment, including sole proprietorships, joint ventures, partnerships, corporations or any other legal entity whether for profit or not for profit and includes all employees of the business and any independent contractors associated with the business. (b) Plastic checkout bag means a bag made of plastic that is two mils (0.002 inches) or less in thickness which is provided by a business to a customer typically at the point of sale for the purpose of transporting goods after shopping. (c) Reusable bag means a bag that is specifically designed and manufactured for multiple reuse and is: (1) made of cloth or other washable fabric, (2) made of other durable material suitable for reuse, or (3) is made of durable plastic more than two mils (0.002 inches) thick. Sec. 21-61. Registration. (a) Businesses that utilize plastic checkout bags shall register with the Solid Waste Department prior to the time they commence the collection of the fees required under this ordinance. Businesses who utilize plastic checkout bags that fail to register with the Solid Waste Department will be subject to penalties as set forth in Section 21-66. (b) Businesses utilizing plastic checkout bags shall register an agent or member of management who can be contacted in the event of a violation. 1 Sec. 21-62. Establishment and Remittance of Environmental Recovery Fee (a) An environmental recovery fee is hereby established for customers making purchases from businesses utilizing plastic checkout bags. No fee shall be charged for plastic checkout bags used for unprepared meat, poultry or fish. (b) The fee shall be either: (1) $0.10 per plastic checkout bag ("per bag"), OR (2) $1.00 per transaction involving plastic checkout bags ("transaction") (3) If the business is certified in the Green Star Program below, the fees shall be reduce by one-half of the above amounts (4) No fee shall be charged if checkout bags are not provided to customers by the business (c) Each business shall make an election of either the per bag or transaction fee at the time the business registers with the Solid Waste Department. If no election is made by the business, the per-bag fee shall apply. (d) If a business wishes to change from the per bag fee to the transaction fee or vice versa, the request must be made in writing delivered to the Director of the Solid Waste Department and made either within the first six (6) months of the first election or on the anniversary date of the first day of the month following the first election. Any subsequent changes may not be made more often that one time each year. (e) Fees shall be paid by the customer and collected by the business at the time of purchase of items by the customer. (f) All businesses shall indicate on the consumer transaction receipt the total amount of any fees charged for plastic checkout bags. (g) Fees collected by the business during each calendar month shall be remitted to the Solid Waste Department by the 20th of the following calendar month; provided that, a business that collects less than $250.00 each month in fees may elect to file on a calendar quarter basis and such fees shall be remitted by the 20th of the month following each calendar quarter. For each remittance, the business may deduct and retain an administrative fee equal to 5% of the fees collected to offset the costs incurred in this program. A late payment fee shall be assessed of $100.00 for each month the fees are unremitted to the City past the due date. (h) Each remittance of fees shall be accompanied by a report in the form required by the City stating the total number plastic checkout bags sold (or the total number of transactions if bags are provided on a transaction basis), the volume of plastic checkout bags purchased, and the number of reusable bags sold during the covered period. (i) Fees collected under this Ordinance may be used for the following purposes: (1) Giveaways of free reusable bags; (2) Public education on reducing plastic checkout bag use; (3) Hiring of more code enforcement officers and other City employees to enforce this Ordinance and other ordinances of the City; 2 (4) Cleanup programs of shorelines, storm drains, streets, parks and dumping areas; and (5) Reduction of the residential solid waste/garbage pickup charges; and. (6) Payment of the administrative fee to participating retailers; (7) Any other use approved by the City Council. Q) The fees imposed by this Ordinance shall take effect on April 1, 2014. Sec. 21-63. Green Star Program. The Director of the Solid Waste Department shall establish a Green Star Program wherein participating businesses may become certified and entitled to charge, collect and remit to the City the plastic checkout bag fees at reduced rates equal to one- half of the amounts specified in Section 21-62 above. The Green Star Program participants prepare a work plan in a format specified by the City and approved by the Director of Solid Waste Operations that accomplishes the following: (a) Demonstrate a 60% reduction in plastic checkout bags provided to customers; (b) Provide trash receptacles outside the business for customer use; (c) Perform daily cleaning of parking lots, rear loading docks, areas around dumpsters and adjacent public areas where trash accumulates; (d) Provide signage at store entrances and checkout stands encouraging customers to use reusable bags; (e) Display reusable bags at the entrance to the business; and (f) Maintain a training program for employees at checkout counters to encourage the use of reusable bags. Businesses which become certified in the Green Star Program shall be required to continue to comply with the above standards as a condition of maintaining certification. Sec. 21-64. Rules. The Director of the Solid Waste Department shall adopt rules and procedures necessary for the administration of this Article and the Environmental Recovery Fee with the assistance of other departments as may be required. Sec. 21-65. Enforcement. The City shall maintain a telephone hotline for persons to report violations of this Ordinance. The City additionally shall audit businesses in order to confirm compliance with the requirements of this Ordinance. Sec. 21-66. Penalties for Violation. Any violation of Section 21-61, 21-62(a), 21-62(b), 21-62(c), 21-62(e), 21-62(h), 21-63, or 21-64 shall be subject to punishment as follows: (1) First violation. A written warning notice shall be issued to the business that a violation has occurred. No fine shall be issued for the first violation. (2) Subsequent violations. The fines shall be as follows: (A) $100 for the first violation in a calendar year; (B) $200 for the second violation in the same calendar year; or (C) $500 for each additional violation in the same calendar year. (3) No more than one citation shall be issued to a business within a 7-day period. 3 (4) A violation under this subsection is a Class C misdemeanor. (5) The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation under this subsection is a strict liability offense. SECTION 3. Severability. If any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or unlawful by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the phrases, clauses, sentences, paragraphs, and sections would have been enacted by the city commission without the incorporation in this Ordinance of any such unconstitutional or unlawful phase, clause, sentence, paragraph, or section. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This Ordinance takes effect upon publication as required by the City Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2013, 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 2013, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ' 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor 4 CL . � � �9 � � \ \ � \ 4J ,-, •,--4 v � o v 7 ,--4 4 3 a cn U v 4 v • � •3 b!J 4J �' 4-J v vU v 4-J7� 4-J —4 v O t� U U U r �5 0 » O r 1 Lf1 U r-� O N Q U E 4-j I CA r •� � O O Q) CU CA v v •� °) a 'C .. 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