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Agenda Packet City Council - 02/25/2014
a Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday, February 25,2014 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 Minister Eddie Rodriguez, Church of Christ C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 14-00222 Proclamation declaring February 24 - March 1, 2014 as "Islander Homecoming Week" Proclamation declaring March 2 - 8, 2014 as "Women in Construction Week" Proclamation declaring March 4, 2014 as "IHOP's National Pancake Day and Shriners Hospital for Children Day" Proclamation declaring the dates of March 7th, March 14th, and March 21st as "Fill-the-Boot for Muscular Dystrophy Association" Proclamation declaring March 12, 2014, as "Risk Management Awareness Day" Swearing-in Ceremony for Newly Appointed Board, Commission, and Committee Members Corpus Christi Page 1 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 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. 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: a. City Performance Report -Parks and Recreation b. Other H. EXECUTIVE SESSION: (NONE) 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. I. MINUTES: 2. 14-00224 Regular Council Meeting of February 18, 2014 Attachments: Minutes- February 18, 2014 J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, Corpus Christi Page 2 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting,such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 3 -4) 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. 3. 14-00177 Second Reading Ordinance -Construction contract change order no. 9 for Williams Drive Phase 2 (Bond 2008) (1st Reading 2118114) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amounts of $365,000 from Wastewater Capital Reserves Fund 4510 Project No. E10142 - Lift Station Repairs Citywide Everhart/Staples Lift Station reserves to the Bond 2008 Street Project Williams Drive Phase 2 from Airline to Nile; increasing expenditures in the amount of$365,000; and authorizing the City Manager, or designee, to execute Change Order No. 9 with Reytec Construction, Inc. from Corpus Christi, Texas in the amount of$609,305.34 for the Williams Drive Phase 2 from Airline to Nile Project for improvements to the infrastructure feeding the Williams Drive Lift Station. Attachments: Agenda Memo-Williams Drive Phase 2 Ordinance-Williams Change Order Protect Budget-Williams Phase 1 Location Map-Williams Drive Phase 2 Change Order Summary Change Order 9 Presentation-Williams Drive 4. 14-00201 Resolution adopting a community revitalization plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North Resolution of the City Council of the City of Corpus Christi, Texas adopting a City Central Corridor Community Revitalization Plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Corpus Christi Page 3 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Street to the North; and providing an effective date. Attachments: Agenda Memo- Revitalization Plan Resolution Resolution -for Revitalization Plan Map- Revitalization Plan Feb 25 2014 Revitalization Plan-Final 2-14-14 M. PUBLIC HEARINGS: (ITEMS 5 -8) 5. 13-001016 Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District and the "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District, on property located at 5429-5505 Cain Drive, 5633 South Staples Street and 5502-5506 Holly Road. Case 1113-02 Old Lipan Limited: A rezoning from the "RS-6" Single-Family 6 District and the "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from low-density residential uses to commercial uses. The property to be rezoned is described as Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, located on Holly Road and Cain Drive, approximately 400 feet west of South Staples Street. Staff Recommendation: Denial of the rezoning to the "CG-2" General Commercial District and denial of a Special Permit to allow a mini-storage facility. Planning Commission Recommendation (January 29, 2014): Denial of the "CG-2" General Commercial District and denial of a Special Permit for a mini-storage facility as a result of a split vote. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Old Lipan Limited ("Owner"), by changing the UDC Zoning Map in reference to Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, by granting a Special Permit for a mini-storage facility; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Old Lipan Limited, Cain Drive and Holly Road Ordinance-Old Lipan Limited Limited, Cain Drive and Holly Road Zoning Report-Old Lipan Limited, Cain Drive and Holly Road Public Comment Summary-Old Lipan Limited, Cain Drive and Holly Road Aerial Map/Presentation-Old Lipan Limited, Cain Drive and Holly Road 6. 14-00148 Public Hearing and First Reading Ordinance -Exempting Buena Vista Addition, located on Guth Lane, north of Interstate Highway Corpus Christi Page 4 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 37 and west of Sessions Road, from the wastewater lot/acreage fees. Ordinance exempting Buena Vista Addition, Block 3, Lots 2A& 3, a subdivision located on Guth Lane, north of Interstate Highway 37 and west of Sessions Road, from the payment of the wastewater lot/acerage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo-Wastewater exemption, Buena Vista Addition, Block 3, Lots 2A Ordinance-Wastewater exemption, Buena Vista Addition, Block 3, Lots 2A&3 Location Map-Wastewater exemption, Buena Vista Addition, Block 3, Lots 2A& Agreement-Sanitary Sewer Connection- Buena Vista Addition, Block 3, Lots 2, 7. 14-00149 Public Hearing and First Reading Ordinance -Exempting King Estates Unit 4, located south of South Staples Street (FM 2444) at the intersection with Oso Parkway South, from the wastewater lot/acreage fees. Ordinance exempting King Estates Unit 4, a subdivision located south of South Staples Street (FM 2444) at the of South Staples Street (FM 2444) and Oso Parkway South, from payment of wastewater lot/acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo-Wastewater exemption, King Estates Unit 4 Location Map-Wastewater exemption, King Estates Unit 4 Ordinance-Wastewater exemption, King Estates Unit 4 Agreement-Sanitary Sewer Connection King Estates Unit 4 8. 13-001123 Public Hearing and First Reading Ordinance -Changing the name of Bufferhead Drive to Buff lehead Drive Ordinance changing the name of Bufferhead Drive to Bufflehead Drive between Eider Drive and Goldeneye Drive Attachments: Agenda Memo- Renaming Bufferhead to Bufflehead.pdf Ordinance- Bufferhead to Bufflehead.pdf ExhibitA-Bufferhead to Bufflehead.pdf Location Map- Bufferhead.pdf Presentation- Bufferhead to Bufflehead.pdf N. REGULAR AGENDA: (ITEMS 9 - 12) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 9. 14-00127 Engineering construction contracts and construction management/observation contracts for Mary Rhodes Pipeline Corpus Christi Page 5 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Phase 2 Motion authorizing the City Manager, or designee, to execute a construction contract with Garvey Companies, Inc. of Kansas City, Missouri in the amount of$84,121,405, for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for the base bid and the fiber optic additive alternate for all pipeline sections; and to execute a construction contract with Oscar Renda Contracting of Roanoke, Texas in the amount of$29,167,288, for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for the base bid; and to execute Amendment No. 10 to the contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $3,965,785, for a total restated fee not to exceed $15,301,288 for Mary Rhodes Pipeline Phase 2 for construction management and construction observation services; and to execute a contract with AGCM, Inc. of Corpus Christi, Texas in the amount of$1,679,942, for Mary Rhodes Pipeline Phase 2 for construction observation services. Attachments: Agenda Memo- MR Pipeline Protect Budget- MR Pipeline Location Map- MR Pipeline Contract- Freese and Nichols Contract-AGCM Presentation- MR Pipeline 10. 13-001162 Second Reading Ordinance -Approving Seawall Maintenance Capital Improvement Program (1st Reading 1/14/14) Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the Seawall Maintenance projects approved by the Type A Board and City Council as listed in Attachment A; appropriating $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for the Fiscal Year 2014 projects as listed in Attachment A; changing the FY 14 Operating Budget adopted by Ordinance 029915 to increase expenditures by $6,500,000. Attachments: Agenda-Seawall Maintenance CIP Budget Ordinance-Seawall Maintenance Budget(amending CIP).pdf Attachment A-Seawall Maintenance Budget.pdf Attachment B-Seawall Maintenance Budget(Ballot language).pdf Location Map-Seawall Maintenance CIP Budget.pdf Presentation-Seawall Maintenance CIP Budget.pdf 11. 14-00220 Resolution recommending routing priorities for proposed transmission line Corpus Christi Page 6 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Resolution recommending routing priorities for the proposed for the Electric Transmission Texas, LLC, 138-kilovolt (kV) electric power transmission line connecting the Barney Davis Substation to Naval Base Substation near Naval Air Station Corpus Christi; authorizing intervention in the Electric Transmission Texas, LLC, filing with the Public Utility Commission of Texas for the electric transmission line and hiring legal and consulting services. Attachments: Agenda Memo- ETT Barney Davis Transmission Line Resolution -ETT CCN appllication to PUC ETT Q&A Sheet ETT Routing Information ETT Potential Routes Map ETT Transmission line response letter 8-14-2013 12. 14-00144 Second Reading Ordinance - Litter Ordinance Consolidation (1st Reading 2111114) Ordinance establishes Chapter 22, Code of Ordinances titled "Litter"; amending Chapters 10, 14,19, 21 and 23; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. Attachments: Agenda Memo 2- Litter Ordinance Consolidation.pdf Ordinance-establishing Chapter 22 Clean v2 Redline Ordinance-to Litter v2 TRANSPORTATION CODE CHAPTER 725 Promotional Campaign.pdf Presentation- Litter Ordinance council 02 25 2014 O. FIRST READING ORDINANCES: (ITEMS 13 -22) 13. 14-00174 First Reading Ordinance -Accepting and appropriating grant funds for the Operation Stonegarden program for reduction of crime in the Rio Grande Valley Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$126,000 from Nueces County for funding eligible under the FY2012 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; and appropriating the $126,000 in the No. 1061 Police Grants Fund. Corpus Christi Page 7 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Attachments: Agenda memo-Operation Stonegarden 02.25.2014 Ordinance-Operation Stonegarden 2014- Police revised TAC 1 award Itr TAC 2 award Itr TAC 3 award Itr 14. 14-00108 First Reading Ordinance -Appropriating funds for the Infor Enterprise Resource Planning (ERP) implementation Ordinance appropriating $1,212,449 from the Unreserved Fund Balance in the Municipal Information Systems Fund No. 5210 and $1,311,979 from the Unreserved Fund Balance in the General Fund No. 1020, and transferring to and appropriating in the MIS Fund No. 5210 for the Infor Enterprise Resource Planning (ERP) implementation; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase appropriations by $2,524,428. Attachments: Agenda Memo Infor ERP Funding from 5210 and 1020 Ordinance- Infor ERP for FY2013-2014 Funding 15. 14-00200 First Reading Ordinance - Authorization for streamlining the approval process for repeat special events requesting use of City property Ordinance authorizing the City Manager or designee to execute agreements for use of City property by repeat special events. Attachments: Agenda Memo- Repeat Special Events Ordinance- Repeat Special Events 16. 14-00166 First Reading Ordinance - Lease agreement for the 2014 Buccaneer Days Festival and related activites Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2014 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 24, 2014 through May 4, 2014; use of parking lot north of former Memorial Coliseum site from April 18, 2014 through April 10, 2014 provide for Commission paying fees for City services in amount not to exceed $33,000.00 Attachments: Agenda Memo- Buc Days Lease 2014 Ordinance- Buc Days 2014 Lease Agreement- Buc Days 2014 17. 14-00208 First Reading Ordinance -Contract amendment no. 2 for energy Corpus Christi Page 8 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 performance contract for Energy Efficiency Conservation Retrofit for Major City Facilities Project, Phase 2 Ordinance appropriating $32,326.50 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities Project; changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase revenues and expenditures by $4,982,326.50 each; and authorizing the City Manager, or designee, to execute Amendment No. 2 to the Fixed Price Energy Performance Contract with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities, Phase 2 in the amount of$7,709,592, for a total re-stated fee of$14,724,124.28. Attachments: Agenda Memo- Facilities Energy Conservation Phase 2 Ordinance- Facilities Energy Conservation Phase 2 Project Budget- Facilites Energy Conservation, Phase 2.pdf Amendment No. 2- Facilites Energy Conservation, Phase 2.pdf Presentation- Facilities Energy Conservation, Phase 2.pdf 18. 14-00128 First Reading Ordinance - Engineering construction contract for downtown (Chaparral) signal improvements (Bond Issue 2008) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $459,111.75 from Fund 3541 Bond 2004 Project Reserves and $459,117.75 from Fund 3544 Bond 2004 Project Reserves to the Downtown Street Chaparral Project (Bond 2008); increasing expenditures in the amount of$918,235.50; and authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Co., Inc. of Round Rock, Texas in the amount of $918,235.50 for the Downtown Streets Chaparral Signal Improvements for the Base Bid plus Additive Alternate One. Attachments: Agenda Memo- Downtown Streets(Chaparral) Signal Improvements.pdf Ordinance- Downtown Streets(Chaparral) Downtown Streets Signal Improvem Project Budget- Downtown Streets(Chaparral) Signal Improvements.pdf Location Map- Downtown Streets(Chaparral) Signal Improvements.pdf Presentation- Downtown Streets(Chaparral)Signal Improvements.pdf 19. 14-00193 First Reading Ordinance - Engineering construction contract for Health Department parking lot (Bond 2012) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Health Department Building Parking Lot Bond 2012 project in the amount of $150,000 from Fiscal Year 2015 to Fiscal Year 2014; increasing expenditures in the amount of$150,000; and authorizing the City Corpus Christi Page 9 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $402,734.13 for Health Department Building Parking Lot for the Base Bid plus Additive Alternate Nos. 1 and 2. (Bond 2012) Attachments: Agenda Memo- Health Department Building Parking Lot.pdf Ordinance amending CIP to accelerate funding for Health Department.docx Protect Budget- Health Department Building Parking Lot.pdf Location Map- Health Department Building Parking Lot.pdf Presentation- Health Department Building Parking Lot.pdf ADVANCE DESIGN IN PREPARATION OF BOND ISSUE 2014: (ITEMS 20 -22) 20. 14-00043 First Reading Ordinance - Engineering design contract for Gollihar Road from Weber Road to Carroll Lane, Phase One and from Carroll Lane to Kostoryz Road, Phase Two Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amount of $600,384.20 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $40,488.50 from Wastewater CIP Fund 4510; reserves in the amount of $32,390.80 from Water CIP Fund 4479; reserves in the amount of $8,097.70 from Gas CIP Fund 4551 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) Project; transferring budgeted funds in the amount of $600,384.20 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $40,488.50 from Wastewater CIP Fund 4510; reserves in the amount of $32,390.80 from Water CIP Fund 4479; reserves in the amount of $8,097.70 from Gas CIP Fund 4551 for the Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Project; increasing expenditures in the amount of $1,362,722.40; and authorizing the City Manager, or designee, to execute an engineering design contract with RVE, Inc. from Corpus Christi, Texas in the amount of $2,009,621.00 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) and Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Projects. Attachments: Agenda Memo-Gollihar from Kostoryz to Weber Ordinance-Gollihar from Kostoryz to Weber Protect Budget-Gollihar from Kostoryz to Weber Location Map-Gollihar from Kostoryz to Weber Contract-Gollihar from Kostoryz to Weber Presentation-Gollihar from Kostoryz to Weber 21. 14-00094 First Reading Ordinance - Engineering design contract for Southern Minerals Road from Up River to IH 37 Corpus Christi Page 10 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $151,145.75 from Storm Water CIP Fund 3494, $70,795.79 from Wastewater CIP Fund 4510, and $65,349.96 from Water CIP Fund 4088 to the Bond 2014 Street Project Southern Minerals Road from Up River to IH 37; increasing expenditures in the amount of$287,291.50; and authorizing the City Manager, or designee, to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas in the amount of$604,675.00 for Southern Minerals Road from Up River to IH 37. Attachments: Agenda Memo-Southern Minerals from Up River to IH 37 BOND 2014 Ordinance-Southern Minerals Project Budget-Southern Minerals from Up River to IH 37-with formulas Location Map-Southern Minerals Contract-Southern Minerals Presentation-Southern Minerals Bond Issue 2014 22. 14-00096 First Reading Ordinance -Engineering design contract for Ayers Street from Ocean to Alameda Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $163,384.75 from Storm Water CIP Fund 3494, $97,120.07 from Wastewater CIP Fund 4510, and $78,424.68 from Water CIP Fund 4479 to the Bond 2014 Street Project Ayers Street from Ocean to Alameda; increasing expenditures in the amount of$338,929.50; and authorizing the City Manager, or designee, to execute an engineering design contract with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of$811,935.00 for Ayers Street from Ocean to Alameda. Attachments: Agenda Memo-Ayers Street from Ocean to Alameda Ordinance-Ayers Street Protect Budget-Ayers from Ocean to Alameda-with formulas Location Map-Ayers Presentation-Ayers Bond 2014 P. RECESS TO THE CORPORATION MEETING: (ITEM 23) 23. 14-00186 Board meeting of the Corpus Christi Housing Finance Corporation. Attachments: Agenda Memo for Corpus Christi Housing Finance Corporation 02.25.2014 14 CCHFC Agenda 0225 Minutes of CCHFC Annual Meeting 021814 14 Reso Lex Loan 0204 14 Reso Rodd Field Loan 0204 14 Reso Calallen Loan 0204 Corpus Christi Page 11 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Q. RECONVENE THE CITY COUNCIL MEETING R. FUTURE AGENDA ITEMS: (ITEMS 24 -34) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 24. 14-00133 Supply agreement for police uniforms Motion approving a supply agreement with Nardis, Inc., Kilgore, Texas for police uniforms in the amount of$64,972.60 of which $32,486.30 will be required for the remainder of FY 2013 - 2014. The term of the contract will be for twelve (12) months with an option to extend the contract for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. The award is in accordance with the U.S. General Services Administration (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. Funds have been budgeted by the Police Department in FY 2013 - 2014. Attachments: Agenda Memo- Police Uniforms.pdf Price Sheet- Police Uniforms.pdf 25. 14-00179 Purchase of electronic citation handheld units (ticket writers) Motion approving the purchase of sixty-two (62) Electronic Citation Handheld Units from Brazos Technologies, College Station, Texas for a total amount of$233,773. The award is based on the General Services Administration (GSA) Federal Supply Schedule 70 Cooperative Purchasing Program. Funds are available in the Crime Control and Prevention District in FY 2013-2014. Attachments: Agenda Memo- Purchase of Electronic Citation Handheld Units.pdf Price Sheet- Purchase of Electronic Citation Handheld Units.pdf 26. 14-00180 Purchase of video equipment and system upgrade for video surveillance system Motion approving the purchase of video cameras and equipment; to include a system upgrade from Zones, Solutions Group, Auburn, Washington based on the General Services Administration (GSA) Federal Supply Schedule 70 Cooperative Purchasing Program for a total amount of$79,322.48. Funds are available in the Crime Control and Prevention District in FY 2013-2014. Attachments: Agenda Memo- Purchase of Video Equipment and System Upgrade.pdf Price Sheet- Purchase of Video Equipment and System Upgrade.pdf 27. 14-00123 Purchase and installation of a roll-off hoist body for a reconfigured roll-off truck to be used at transfer station Corpus Christi Page 12 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Motion approving the purchase and installation of one (1) roll-off hoist body from Texan Waste Equipment, Inc., Houston, Texas for a total amount of$60,483. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Attachments: Agenda Memo- Purchase and Installation of Roll-Off Hoist Body.pdf Price Sheet- Purchase and Installation of Roll-Off Hoist Body.pdf 28. 14-00182 Authorizing submission of grant application to State for a victim outreach program under the Victims of Crime Act(VOCA) Resolution authorizing the submission of a grant application in the amount of$68,163.15 to the State of Texas, Criminal Justice Division. For funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 2 of the Victim Outreach Program with a city match of $13,840.79 and $3,200 in-kind services, for a total project cost of$85,203.94; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda memo VOCA OUtreach 02.25.14 Resolution -VOCA GRANT Victims Outreach 2014-Police 29. 14-00183 Authorizing submission of grant application to the State for victims of crime under the Victims of Crime Act(VOCA) Resolution authorizing the submission of a grant application in the amount of$77,084.05 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $20,271.07 and $4,000 in-kind services, for a total project cost of $101,355.06; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda memo VOCA 02.25.2014 Resolution -VOCA GRANT 2014- Police 30. 14-00184 Authorizing submission of grant application to the State for violence against women under the Violence Against Women Act (VAWA) Resolution authorizing the submission of a grant application in the amount of$44,356.71 to the State of Texas, Criminal Justice Division. For funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of$20,280.21 and $5,520 in-kind services, for a total project cost of $70,156.92; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Corpus Christi Page 13 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Attachments: Agenda Memo-VAWA grant 02.25.2014 Resolution -VAWA 2014- Police 31. 14-00119 Aquisition of real property rights for Navigation Boulevard street improvement project from Up River Road to Leopard Street (Bond 2012) 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, right-of-way easements, utility easements, and temporary construction easements for a street improvement project known as the Navigation Boulevard Street Improvement Project which is to be generally located from Leopard Street northward to Up River Road, Bond 2012; (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- Navigation Bond 2012 eminent domain Resolution -Navigation Bond 2012 eminent domain ExhibitA-parcel ownership list Exhibit B-Project location map 32. 14-00190 Support of project that will study redevelopment of area affected by Harbor Bridge relocation Resolution to provide support to the Regional/Urban Design Assistance Team Project. Attachments: Agenda Memo-C. C. Harbor Bridge Regional Urban Design Assistance Team F Resolution -C. C. Harbor Bridge Regional Urban Design Assistance Team ProlE Location Map-C. C. Harbor Bridge Regional Urban Design Assistance Team Pr 33. 14-00216 Refunding of Lavaca-Navidad River Authority (LNRA)water supply facilities revenue bonds for debt service savings Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Lavaca-Navidad River Authority Water Supply Contract Revenue Refunding Bonds Taxable Series 2014, (Lake Texana Project); and other matters in connection therewith. Corpus Christi Page 14 Printed on 212412014 City Council Meeting Agenda-Final February 25,2014 Attachments: Agenda Memo- LNRA Refunding February 25, 2014 .Pdf Resolution -LNRA 2-25-14.pdf 34. 14-00218 Reimbursement resolution for energy efficiency projects Resolution relating to establishing the City Council of the City of Corpus Christi, Texas' intention to reimburse itself for the prior lawful expenditure of funds relating to the acquisition of a new energy management and control system on a city-wide basis and certain other personal property 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. Attachments: Agenda Memo- Energy Projects Reimbursement Resolution Feb 25, 2014.pdf Resolution -Energy Projects Reimbursement Feb 25, 2014.pdf S. BRIEFINGS TO CITY COUNCIL: (ITEMS 35 -36) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 35. 14-00207 Senior Center Customer Service Survey and Benchmark Study Attachments: Agenda Memo-Sr Centers Presentation Presentation-Senior Centers Survey 36. 14-00165 Corpus Christi Museum of Science & History Update Attachments: Agenda Memo-CCMSH Update Presentation-Corpus Christi Museum of Science&History Update T. ADJOURNMENT Corpus Christi Page 15 Printed on 212412014 Cor us Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, February 18,2014 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. B. Invocation to be given by Father Bruce Wilson, Church of Reconciliation Father Bruce Wilson gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Ms. Lisa Aguilar, Interim City Attorney gave the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Mayor Pro Tern Priscilla Leal has been granted a leave of absence per Motion No. 2014-016. Charter Officers: City Manager Ron Olson, Interim City Attorney Lisa Aguilar,and City Secretary Rebecca Huerta. Present: 8- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen McIntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Absent: 1 - Council Member Priscilla Leal E. Proclamations /Commendations None. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Ron Olson reported on the following issues: 1)Animal Control held a special adoption program on Friday, February 14th Corpus Christi Page 1 Printed on 212012014 City Council Meeting Minutes February 18,2014 which resulted in the adoption of 32 cats and dogs.2)The Warrant Roundup is being held in Corpus Christi from February 17-March 28, 2014 and statewide between March 1-March 15,2014. This is an opportunity for citizens to take care of any outstanding warrants without additional penalties.3) Mr. Olson informed the Council that Mark Van Vleck will temporarily return to Development Services with a mission to prepare interim leadership to take over the department.The intent is to appoint Barney Williams as the Interim Director of Development Services and Julio Dimas as the Interim Assistant Director. Mr. Olson stated that once the leadership at Development Services is complete, his intent is to appoint Mr.Van Vleck as Executive Director of Utility Operations. Mr. Olson thanked John Speights, Chief Building Official for his leadership as Interim Director of Development Services during the time Mr.Van Vleck was serving as Interim Assistant City Manager H. EXECUTIVE SESSION: (NONE) I. MINUTES: 1. Regular Meeting of January 28, 2014 and Regular Meeting of February 11, 2014 Mayor Martinez called for approval of the minutes. Council Member Magill made a motion to approve the minutes,seconded by Council Member McIntyre and passed unanimously. J. BOARDS &COMMITTEE APPOINTMENTS: 2. Citizens Advisory Health Board Tree Advisory Committee Mayor Martinez referred to board and committee appointments.The following appointments were made: Citizens Advisory Health Board -Annie Galvan (Reappointed); Charles A. Pendlyshok(Appointed) Tree Advisory Committee-Sylvia Campos,Jessica Weizer,Viviana Rodriguez, Phillip Christian,and Grant S. Ehlen (Appointed) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 3 - 12) Approval of the Consent Agenda Mayor Martinez referred to the consent agenda. There were no comments from the Council or the public. The consent agenda was passed by one vote as follows: 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 Corpus Christi Page 2 Printed on 212012014 City Council Meeting Minutes February 18,2014 Absent: 1 - Council Member Leal Abstained: 0 3. Purchase of a Peterbilt CNG refuse truck Motion approving the purchase of one (1) Peterbilt CNG refuse truck from Rush Truck Centers of Texas, L.P., Houston, Texas for a total amount of$306,236. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). This Motion was passed on the Consent Agenda. Enactment No: M2014-018 4. Agreement for Excess Liability and Excess Workers' Compensation Insurance Motion approving an agreement with McGriff, Seibels & Williams, of Texas, Inc. of Addison, Texas for the purchase of Excess Liability and Excess Workers' Compensation Insurance, in accordance with Request for Proposal Number BI-0084-14, for a total one-year expenditure of $583,598, based on lowest responsible bid. The term of the agreement will be for one year with an option to extend for up to three additional one-year periods, subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Liability/Employee Benefit - Liability and Liability/Employee Benefits - Workers' Compensation Funds. This Motion was passed on the Consent Agenda. Enactment No: M2014-019 5. Purchase of radar equipment for Police Department Motion approving the purchase of ten (10) Prolaser radars and forty (40) dual KA band traffic radars and associated equipment for the Corpus Christi Police Department in the amount of$114,057.80 from Kustom Signals, Inc. Chanute, KS. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). Funds are available through the Crime Control and Prevention District. This Motion was passed on the Consent Agenda. Enactment No: M2014-020 6. Lease agreement amendment no. 1 for Police substation located at 2230 Saratoga Corpus Christi Page 3 Printed on 212012014 City Council Meeting Minutes February 18,2014 Motion amending the lease agreement with Greg Voisin Investment Corporation c/o Corpus Christi Realty Management, Inc. for the Police substation located at 2230 Saratoga to change the lease term expiration date from February 28, 2014 to February 28, 2015. This Motion was passed on the Consent Agenda. Enactment No: M2014-021 7. Interlocal agreement for Texas Pollutant Discharge Elimination System Permit (TPDES) responsibilities Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas A&M University - Corpus Christi (TAMU-CC) in connection with the City of Corpus Christi Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit. This Resolution was passed on the Consent Agenda. Enactment No: 030090 8. Engineering construction contract for three replacement sluice gates for the Wesley E. Seale Dam Motion authorizing the City Manager, or designee, to execute a construction contract with H&S Constructors, Inc. of Corpus Christi, Texas in the amount of$349,000, for the Wesley E. Seale Dam Sluice Gate Rehabilitation - Phase 1 Re-Bid for the Base Bid. This Motion was passed on the Consent Agenda. Enactment No: M2014-022 9. Second Reading Ordinance -Amending the Urban Transportation Plan by realigning in a straight path the future extension of Williams Drive from the east side of Lexington Road to the west side of Ennis Joslin Road (1st Reading 2/11/14) Planning Commission, Transportation Advisory Committee, and Staff Recommendations: Approval of the realignment as proposed. Ordinance Ordinance amending the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by realigning Williams Drive between Lexington Road and Ennis Joslin Road; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Corpus Christi Page 4 Printed on 212012014 City Council Meeting Minutes February 18,2014 Enactment No: 030091 10. Second Reading Ordinance -Exempting Wildcat Industrial Park, located south of Leopard Street and west of Southern Minerals Road, from the wastewater lot acreage fees (1st Reading 2/11/14) Ordinance exempting Wildcat Industrial Park, a subdivision located south of Leopard Street and west of Southern Minerals Road, from payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code, requiring the owner/developer to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030092 11. Second Reading Ordinance - Rezoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District, on property located at 1009 Homedale Street(1st Reading 2/11/14) Case 0114-02 Esteban R. Alaniz: A rezoning from the "RS-6" Single-Family 6 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 being a 9.97-acre tract of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Homedale Street, approximately 130 feet east of Retta Drive. Planning Commission and Staff Recommendation (January 15, 2014): Approval of the rezoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Esteban R. Alaniz ("Owner"), by changing the UDC Zoning Map in reference to a 9.97-acre tract of land out of Lot 29, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030093 12. Second Reading Ordinance - Rezoning from the "RM-1" Multifamily 1 District and "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District, on property located at 2346 Rodd Field Road (1st Reading 2/11/14) Corpus Christi Page 5 Printed on 212012014 City Council Meeting Minutes February 18,2014 Case 0114-03 The Mostaghasi Investment Trust: A rezoning from the "RM-1" Multifamily 1 District and "CN-1" Neighborhood Commercial District to the "RS-4.5" Single-Family 4.5 District, resulting in a change to the Future Land Use Plan from commercial and medium-density residential uses to low-density residential uses. The property is described as being a 15.567-acre tract of land, more or less, out of Lot 3, Block 1, The Forum Mall, and out of a portion of Lot 15, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Rodd Field Road and approximately 600 feet north of Wooldridge Road. Planning Commission and Staff Recommendation (January 15, 2014): Approval of the rezoning to the "RS-4.5" Single-Family 4.5 District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by The Mostaghasi Investment Trust ("Owner"), by changing the UDC Zoning Map in reference to a 15.567-acre tract of land, more or less, out of Lot 3, Block 1, The Forum Mall, and out of a portion of Lot 15, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, from the "CN-1" Neighborhood Commercial District and "RM-1" Multifamily 1 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030094 ADVANCE DESIGN IN PREPARATION OF BOND ISSUE 2014: (ITEMS 13 -15) 13. Second Reading Ordinance - Engineering design contract amending the FY 2014 Capital Improvement Budget for Yorktown Boulevard from Everhart to Staples (1st Reading 2111114) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amount of $186,851.50 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $111,156.78 from Wastewater CIP Fund 4510; reserves in the amount of $89,688.72 from Water CIP Fund 4088 to the Bond 2014 Street Project: Yorktown Boulevard from Everhart to Staples increasing expenditures in the amount of $387,697.00; and authorizing the City Manager, or designee, to execute an engineering design contract with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $990,929.00 for Yorktown Boulevard from Everhart to Staples. This Ordinance was passed on second reading on the Consent Agenda. Corpus Christi Page 6 Printed on 212012014 City Council Meeting Minutes February 18,2014 Enactment No: 030095 14. Second Reading Ordinance - Engineering design contract amending the FY 2014 Capital Improvement Budget for Corona Drive from Flynn to Everhart (1st Reading 2111114) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of$126,662.50 from Storm Water CIP Fund 3494, $54,632.50 from Wastewater CIP Fund 4510, $50,430.00 from Water CIP Fund 4088 to the Bond 2014 Street Project Corona Drive from Flynn to Everhart; increasing expenditures in the amount of $231,725.00; and authorizing the City Manager, or designee, to execute an engineering design contract with Govind Development, LLC from Corpus Christi, Texas in the amount of $546,986.00 for Corona Drive from Flynn to Everhart. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030096 15. Second Reading Ordinance - Engineering design contract amending the FY 2014 Capital Improvement Budget for Santa Fe from Elizabeth to Hancock (1st Reading 2111114) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of$69,254.63 from Storm Water CIP Fund 3494, $36,012.41 from Wastewater CIP Fund 4504, and $33,242.22 from Water CIP Fund 4479 to the Bond 2014 Street Project Santa Fe from Elizabeth to Hancock; increasing expenditures in the amount of $138,509.26; and authorizing the City Manager or designee to execute an engineering design contract with Maverick Engineering from Corpus Christi, Texas in the amount of $342,588.50 for Santa Fe from Elizabeth to Hancock. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030097 16. Second Reading Ordinance -Appropriating funds for the upgrade and installation of the Multi User Flight Information Display System (MUFIDS) at airport (1st Reading 2111114) Ordinance appropriating $300,000 from the Unreserved Fund Balance in the No. 4610 Airport Fund for upgrade of the Multi User Flight Information Display System (MUFIDS) at Corpus Christi International Airport; changing the FY 2013-2014 Operating Budget adopted by Ordinance 029916 by increasing expenditures by $300,000. Corpus Christi Page 7 Printed on 212012014 City Council Meeting Minutes February 18,2014 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030098 17. Second Reading Ordinance - Ratifying acceptance of State grant amendment no. 1 for air quality planning (1 st Reading 2111114) Ordinance ratifying the acceptance of amendment no. 1 to grant agreement#582-14-40055 with the Texas Commission on Environmental Quality and appropriating $153,895 in the no. 1071 Community Enrichment Grants Fund for air quality planning purposes This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030099 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEMS 18 -23) 18. Motion canceling Council Meeting of March 11, 2014 Mayor Martinez referred to Item 18. Council Member McIntyre made a motion canceling the Council Meeting of March 11,2014, seconded by Council Member Scott.This Motion was passed and approved with the following vote: Aye: 7- Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member Leal Abstained: 0 Enactment No: M2014-023 19. Purchase of twenty-five (25) police pursuit tahoes Motion approving the purchase of twenty-five (25) Police Pursuit Tahoes from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of$724,960.25. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. Mayor Martinez referred to Item 19.Assistant Director of Financial Services Mike Barrera stated that the purpose of this item is to approve the purchase of police pursuit tahoes. Mr. Barrera reported that the police pursuit tahoes are not available in CNG and meet the exclusion standard. Council members asked questions regarding the color of the vehicles;the increased cost in price;and the bid information from the Texas General Government Purchasing Cooperative.There were no comments from the public.This Motion was passed and approved with the following vote: Corpus Christi Page 8 Printed on 212012014 City Council Meeting Minutes February 18,2014 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 Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2014-024 20. Purchase of a Peterbilt transfer truck Motion approving the purchase of one (1) Peterbilt transfer truck from Rush Truck Centers of Texas, L.P., Houston, Texas for a total amount of$164,338. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). Mayor Martinez referred to Item 20.Assistant Director of Financial Services Mike Barrera stated that the purpose of this item is to approve the purchase of a transfer vehicle. Mr. Barrera reported that the purchase meets the exclusion requirements for CNG.There were no comments from the Council or the public. This Motion was passed and approved 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 Absent: 1 - Council Member Leal Abstained: 0 Enactment No: M2014-025 21. Lease-Purchase of two (2)freightliner trucks with patcher bodies Motion approving the lease-purchase of two (2) Freightliner trucks with patcher bodies from Freightliner of Austin, Austin, Texas for a total amount of$277,074.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease-purchase financing contractor. Mayor Martinez referred to Item 21.Assistant Director of Financial Services Mike Barrera stated that the purpose of this item is to approve the lease-purchase of pothole patcher trucks with patcher bodies. Mr. Barrera reported that this purchase meets the standards of exclusion for CNG. There were no comments from the Council or the public.This Motion was passed and approved 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 Absent: 1 - Council Member Leal Corpus Christi Page 9 Printed on 212012014 City Council Meeting Minutes February 18,2014 Abstained: 0 Enactment No: M2014-026 22. Resolution approving Federal grant application for Texas State Highway 358 Integrated Corridor Management Project Resolutuion approving submission of a grant application with the Federal Highway Administration (FHWA) for the Texas State Highway 358 Integrated Corridor Management Project. Mayor Martinez referred to Item 22. Executive Director of Public Works Dan Biles stated that the purpose of this item is to approve submission of a grant application for the Texas State Highway 358 Integrated Corridor Management Project.There were no comments from the Council or the public. This Resolution was passed and approved 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 Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030100 23. Resolution supporting the proposed Lexington Manor Apartments; acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs (TDHCA); and acknowledging the local support for the HOME Investment Partnership Program funds from the City of Corpus Christi. Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Lexington Manor Apartments to be developed by TG 110, Inc. and to be owned by TG Lexington 110, LP. Mayor Martinez referred to Item 23. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to approve a resolution in support of the proposed Lexington Manor Apartments, acknowledging their application for 9%low income tax credits to the Texas Department of Housing and Community Affairs and acknowledging the local support for HOME funds from the City. There were no comments from the Council or the public. This Resolution was passed and approved 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 Absent: 1 - Council Member Leal Abstained: 0 Corpus Christi Page 10 Printed on 212012014 City Council Meeting Minutes February 18,2014 Enactment No: 030101 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 deviated from the agenda and called for comments from the audience. Lonnie Lenningham spoke regarding the small animal trap policy and the health and safety of the public.Joan Veith spoke regarding the accomplishments of the City of Corpus Christi and thanked the City Council for doing a good job. Brad Newton spoke regarding the"end of life"decision and consequences and expressed displeasure for being denied the ability to use the right-of-way to inform the public of this issue. REGULAR AGENDA: (ITEMS 24 -28) 24. Resolution supporting the proposed Riverstone Apartments; acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs (TDHCA); and acknowledging the local support for the HOME Investment Partnership Program funds from the City of Corpus Christi. Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Riverstone Apartments to be developed by GCM Housing CC, Ltd. Mayor Martinez referred to Item 24. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to support a resolution for a proposed affordable housing project know as Riverstone Apartments;acknowledge an application for 9%low income housing tax credits to the Texas Department of Housing and Community Affairs;and acknowledging the local support of HOME funds from the City.There were no comments from the Council or the public.This Resolution was passed and approved 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 Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030102 25. Resolution supporting the proposed Quail Chase Apartments; Corpus Christi Page 11 Printed on 212012014 City Council Meeting Minutes February 18,2014 acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs (TDHCA); and acknowledging the local support for the HOME Investment Partnership Program funds from the City of Corpus Christi. Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Quail Chase Apartments to be developed by MBL DerbyCity Development, LLC. Mayor Martinez referred to Item 25. Council Member Allen requested to combine the discussion for Items 25,26 and 28. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to approve a resolution of support for the proposed affordable housing projects know as Quail Chase Apartments, Residences at Calallen, and Palacio del Sol at Calallen. Council Member Allen stated that he has received feedback that these proposed projects are not in the best interest of the school district. Mr.Allen added that the school's position is that they are not prepared for the influx of students from these projects. Mayor Martinez called for comments from the public.Abel Alonzo spoke in opposition to the school district's position and asked the Council to consider support for the projects.This Resolution failed with the following vote: Aye: 4- Council Member Loeb, Mayor Martinez, Council Member McIntyre and Council Member Riojas Nay: 4- Council Member Allen, Council Member Scott, Council Member Magill and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 26. Resolution supporting the proposed Residences at Calallen Apartments; acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs (TDHCA); and acknowledging the local support from the City of Corpus Christi. Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Residences at Calallen to be developed by NuRock Companies. This item was discussed under Item 25.This Resolution failed with the following vote: Aye: 4- Council Member Loeb, Mayor Martinez, Council Member McIntyre and Council Member Riojas Nay: 4- Council Member Allen, Council Member Scott, Council Member Magill and Council Member Garza Absent: 1 - Council Member Leal Corpus Christi Page 12 Printed on 212012014 City Council Meeting Minutes February 18,2014 Abstained: 0 28. Resolution supporting the proposed Palacio del Sol at Calallen Apartments; acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs (TDHCA); and acknowledging the local support from the City of Corpus Christi. Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Palacio del Sol at Calallen to be developed by TX FM 1889 Apartments, Ltd. This item was discussed under Item 25.The resolution failed with the following vote: Aye: 4- Council Member Loeb, Mayor Martinez, Council Member McIntyre and Council Member Riojas Nay: 4- Council Member Allen, Council Member Scott, Council Member Magill and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 27. Resolution supporting the proposed Residences at Rodd Field Apartments; acknowledging an application for 9% Low Income Housing Tax Credits to the Texas Department of Housing and Community Affairs (TDHCA); and acknowledging the local support from the City of Corpus Christi. Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as the Residences at Rodd Field to be developed by NuRock Companies. Mayor Martinez referred to Item 27. Director of Housing and Community Development Eddie Ortega stated that the purpose of this item is to support a resolution for an affordable housing project know as Residents at Rodd Field. Council Member Garza expressed concern for supporting the project until the completion of the connection on Rodd Field from Saratoga to Yorktown. Council members asked questions regarding the timeframe for completion of Rodd Field extension to Yorktown and current traffic counts. Mayor Martinez called for comments from the audience. Dan Allgeier,Vice President of NuRock Companies,stated that the proposed project is for construction of 100 apartments for low-income families. Mr.Allgeier provided information on the application process and requested support for the project.Abel Alonzo also spoke regarding the application process and the possibility that the proposed projects may not be approved.This Resolution was passed and approved with the following vote: Aye: 7- Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 13 Printed on 212012014 City Council Meeting Minutes February 18,2014 Nay: 1 - Council Member Allen Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030103 O. FIRST READING ORDINANCES: (ITEM 29) 29. First Reading Ordinance -Construction contract change order no. 9 for Williams Drive Phase 2 (Bond 2008) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amounts of$365,000 from Wastewater Capital Reserves Fund 4510 Project No. E10142 - Lift Station Repairs Citywide Everhart/Staples Lift Station reserves to the Bond 2008 Street Project Williams Drive Phase 2 from Airline to Nile; increasing expenditures in the amount of $365,000; and authorizing the City Manager, or designee, to execute Change Order No. 9 with Reytec Construction, Inc. from Corpus Christi, Texas in the amount of $609,305.34 for the Williams Drive Phase 2 from Airline to Nile Project for improvements to the infrastructure feeding the Williams Drive Lift Station. Mayor Martinez referred to Item 29. Executive Director of Public Works Dan Biles stated that the purpose of this item is to amend the Capital Budget for additional wastewater funds and execute a Change Order with Reytec Construction for Williams Drive Phase 2. There were no comments from the Council or the public.This Ordinance was passed on first reading and approved 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 Absent: 1 - Council Member Leal Abstained: 0 P. RECESS TO THE CORPORATION MEETING: (ITEM 30) 30. Annual board meeting of the Corpus Christi Housing Finance Corporation. Mayor Martinez referred to Item 30. Mayor Martinez recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation. Q. RECONVENE CITY COUNCIL MEETING Mayor Martinez reconvened the regular Council Meeting. Corpus Christi Page 14 Printed on 212012014 City Council Meeting Minutes February 18,2014 R. FUTURE AGENDA ITEMS: (ITEMS 31 -32) Mayor Martinez referred to the Future Agenda. City Manager Ron Olson stated that staff had a planned presentation on Item 31. 31. Engineering construction contracts and construction management/observation contracts for Mary Rhodes Pipeline Phase 2 Motion authorizing the City Manager, or designee, to execute a construction contract with Garvey Companies, Inc. of Kansas City, Missouri in the amount of$84,121,405, for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for the base bid and the fiber optic additive alternate for all pipeline sections; and to execute a construction contract with Oscar Renda Contracting of Roanoke, Texas in the amount of$29,167,288, for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for the base bid; and to execute Amendment No. 10 to the contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $3,965,785, for a total restated fee not to exceed $15,301,288 for Mary Rhodes Pipeline Phase 2 for construction management and construction observation services; and to execute a contract with AGCM, Inc. of Corpus Christi, Texas in the amount of $1,679,942, for Mary Rhodes Pipeline Phase 2 for construction observation services. This Motion was recommended to regular agenda 32. Resolution adopting a community revitalization plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North Resolution of the City Council of the City of Corpus Christi, Texas adopting a City Central Corridor Community Revitalization Plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North; and providing an effective date. This Resolution was recommended to consent agenda S. FUTURE CORPORATION MEETING: (ITEM 33) 33. Board meeting of the Corpus Christi Housing Finance Corporation. This Corporation Meeting was recommended to be held T. BRIEFINGS TO CITY COUNCIL: (ITEMS 34 -35) Corpus Christi Page 15 Printed on 212012014 City Council Meeting Minutes February 18,2014 34. Enterprise Software Update Mayor Martinez referred to Item 34. Director of Municipal Information Systems Michael Armstrong stated that the purpose of this item is to provide an update on the Enterprise Software. Mr.Armstrong referred to a powerpoint presentation on the project status for the InCode application software from Tyler Technologies for Municipal Court;the Infor application software for Development Services;and the coordinated projects. Mr.Armstrong reported that project completion is expected in November 2014. 35. Affordable Housing Current Status Mayor Martinez referred to Item 35. City Manager Ron Olson stated that the purpose of this item is to hold the second workshop on the current housing status in the City.Assistant City Manager Susan Thorpe provided a recap of the workshop#1 including federal funds; local funds including Type A funding and how the funds are being used. Ms. Thorpe presented information on the definitions of affordable housing;factors affecting housing affordablity; affordable housing in a balanced housing market;the median household income and median purchase price;a comparison of mortgage and gross rent to income;current housing supply and demand; information provided by the Corpus Christi Association of Realtors;the 2014 housing forecast;findings and next steps. Council asked questions regarding the following topics: local funding for non-profit agencies; use of reprogrammed funds;Type A funding for the Builders' New Construction program and the Home Existing Inventory program;factors affecting the Builders'New Construction program and alternatives to improve expending those funds; HUD qualification and income guidelines; leveraging Type A funds for affordable housing;the number of new versus existing homes at the 95% median price;whether funds from the Builders' New Construction program can be used to offset permitting fees; calculation for the median purchase price; the timeframe for completion of the data analysis from the Comprehensive Planning;the possibility of constructing homes under$150,000;the reason HUD guidelines control Type A funds and whether the language can be changed to allow for more flexibility; housing supply versus demand;developing guidelines for supporting low income tax credits; infill redevelopment; goals to improve affordable housing;continued effort to enhance livability factors; dialogue with industry to analyze workforce housing needs; and achievable incentives. U. ADJOURNMENT The meeting was adjourned at 3:05 p.m. Corpus Christi Page 16 Printed on 212012014 d AGENDA MEMORANDUM oaPOwR k First Reading for the City Council Meeting of February 18, 2014 1852 Second Reading for the City Council Meeting of February 25, 2014 DATE: February 5, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Execute Change Order No. 9 Williams Drive Phase 2 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amounts of $365,000 from Wastewater Capital Reserves Fund 4510 Project No. E10142 — Lift Station Repairs Citywide Everhart/Staples Lift Station reserves to the Bond 2008 Street Project Williams Drive Phase 2 from Airline to Nile; increasing expenditures in the amount of $365,000; and authorizing the City Manager, or designee, to execute Change Order No. 9 with Reytec Construction, Inc. from Corpus Christi, Texas in the amount of $609,305.34 for the Williams Drive Phase 2 from Airline to Nile Project for improvements to the infrastructure feeding the Williams Drive Lift Station. (Bond 2008) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Change Order No. 9 with Reytec Construction for Williams Drive Phase 2. BACKGROUND AND FINDINGS: The scope of the change order includes modifications to a gravity collection system which conveys wastewater into the Williams Lift Station which had not been identified in the original design. The existing system receives flow from the Wooldridge Lift Station which in turn receives flow from several other lift stations. It was determined through subsequent construction field reports that the condition of the existing collection system has now deteriorated beyond repair and needed to be replaced as part of the current construction project. The Wastewater infrastructure feeding the Williams Lift Station is in poor condition and needs replacing and improvements. This work includes gravity piping, manholes plus improvements to the Wooldridge Force main also. ALTERNATIVES: 1. Authorize execution the contract. 2. Do not authorize execution the contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; Tex. Loc. Gov't Code § 252.048 regarding Change Orders; FY 2013-2014 Wastewater Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Ca ital ❑ Not applicable Project to Fiscal Year Date Current Year Future Years TOTALS 2012-2013 Expenditures (CIP only) Line Item Budget 9,734,000 4,532,188.83 290,000.00 $14,556,188.83 This Item 365,000.00 365,000.00 Encumbered / Expended Amount 9,734,000 9,734,000 This item 609,305.34 609,305.34 Future Anticipated Expenditures This Project 4,287,883.49 286,607.74 4,574,491.23 BALANCE $0.001 $0.00 1 $3,392.26 1 $3,392.26 Fund(s): Street CIP#7 Comments: The proposed modifications will include replacing some existing gravity lines and manholes. The effort will require installing a bypass system to divert all the flow form a 30 inch Force Main as well as flow from a 36 inch gravity line during the replacement of the gravity feed system. RECOMMENDATION: City Staff recommends the approval of the Change Order No. 9 with Reytec Construction Resources, Inc. for Williams Drive Phase 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amounts of $365,000 from Wastewater Capital Reserves Fund 4510 Project No. E10142 — Lift Station Repairs Citywide Everhart/Staples Lift Station reserves to the Bond 2008 Street Project Williams Drive Phase 2 from Airline to Nile; increasing expenditures in the amount of $365,000; and authorizing the City Manager, or designee, to execute Change Order No. 9 with Reytec Construction, Inc. from Corpus Christi, Texas in the amount of $609,305.34 for the Williams Drive Phase 2 from Airline to Nile Project for improvements to the infrastructure feeding the Williams Drive Lift Station. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase the budget in the Bond 2008 Street Improvement Project Williams Drive Phase 2 from Nile to Airline by transferring $365,000 from the Lift Station Repairs Citywide Everhart/Staples Lift Station Project No E10142 in Wastewater Capital Reserve Fund 4510 to the Williams Drive Phase 2 from Airline to Nile Bond 2008 street project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $365,000 for the Bond 2008 Street Project Williams Drive Phase 2 from Airline to Nile. SECTION 3. The City Manager or designee is authorized to execute Change Order No. 9 to a construction contract with Reytec Construction from Corpus Christi, Texas for the Williams Drive Phase 2 from Airline to Nile project for wastewater infrastructure improvements in the amount of $609,305.34. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET Williams Drive Phase 2 From Airline Road to Nile (Bond Issue 2008) February 5, 2014 FUNDS AVAILABLE Williams Drive Phase 2... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . $ 5,470,000.00 RTA... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 96,490.00 Storm Water... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6,050,719.00 Wastewater... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 1,337,900.00 Wastewater (This Item)........................................................ 365,000.00 Water... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1,164,800.00 Gas... ... ... ... ... ... ... ... ... ... ... ... ........ ... ... ... ... ... ... ... ... ... ... ... ... ... . 146,279.83 TOTAL AVAILABLE:............................................................ $ 14,631,188.83 FUNDS REQUIRED: Construction(Reytech Resources): 11,725,938.43 Contingencies ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 191,216.72 Change Order No. 9 (This Item)............................................. 609,305.34 Design Fees: Engineer (Naismith)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1,232,714.00 Engineer (Zaragoza)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 15,900.00 Engineer (Nadkarni)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 42,000.00 Geotechnical and Construction Materials Testing (Tolunay-Wong 8,112.00 Engineers, Inc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... 124,365.11 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... ... ... ... 475,513.64 Finance Reimbursements... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 73,155.94 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 3,015.39 TOTAL............................................................................... $14,501,236.57 Estimated Project Balance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $129,952.26 ZA "a ........... Io,vf% jg 1 J If, 1�,�g I- g ONE/ SRI ;z, n Vyffff It .......... ;q,"'I", 03/1 0rF 4)" k"d �z CHANGE ORDER LOCATION a 0/i K P ,r, r.: 41, a/,"T y/ gm. pi- 11,,l'N5 Ide/ @gg E, ;qriw Yll/r' ......... zu fl;,sa a ,jp ,mv g jg EY, P� 1,P �10 a 62,11 Is j �li "v // '41 F, g/ I w 'q 0, re" 0 1/0 "416141,04";v5Z' g/'j INA Al" Sk AR LOCATION MAP NOT TO SCALE PROJECT#6467 CITY COUNCIL EXHIBIT WILLIAMS DR. CITY OF CORPUS CHRISTI, TEXAS NILE TO AIRLINE DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET February 10, 2014 PROJECT: Williams Drive Phase 1 & 2 Rodd Field to Airline Road, Bond 2008 Project No. 6466/6467 APPROVED: City Council on 07/24/12 - Motion No. M2012-138 CONTRACTOR: Reytec Construction Resources, Inc. 1901 Hollister Houston, Texas 77080 TOTAL CONTRACT AMOUNT ..................... $17,714,384.10 25% Limit Amount ......................................... 4,428,596.03 Change Order No. 1 (03/15/13)..................... 35,398.67 Change Order No. 2 (04/10/13)... ... ... ... ... .... 22,760.95 Change Order No. 3 (07/13/13)... ... ... ... ... .... (8.17) Change Order No. 4 (07/18/13)... ... ... ... ... .... 49,601.46 Change Order No. 5 (07/23/13)... ... ... ... ... .... 96,733.23 Change Order No. 6 (10/22/13)... ... ... ... ... .... 66,318.19 Change Order No. 7 (11/21/13)... ... ... ... ... .... 71,000.00 Change Order No. 8 (01/14/14)... ... ... ... ... .... 53,029.95 Change Order No. 9 (01/14/14)... ... ... ... ... .... 609,305.34 Total ......................................................... $1,004,139.62 = 5.67%< 25% CHANGE ORDER Department of Engineering Services City of Corpus Christi,Texas (1 1ANG]"'ORDER NO: 9 f'UNDINO SOURCL-": CONTRACT TIME: 990 CA), Operating Department: DATE: December 5,2013 Name oJ'Pi-qjcct: W111janis Drive;Phase I &2 1IR 6466/6467 Contractoi Reytee CMISUIIC6011, Inc. CHANGE ADD DELETE Add the following to the contract: See attached breakdown I Phase 2- WastcwateT, Fome Main, 12"manhole to Williams Lift Station $ 609,305.34 (I LS @0$609,,305.34) TOTA L N ET: S 609,305.34 - Why was this change necessary?(I Heft off the plans and specifications,explain Nvliy? The Wastewater infi•dStRICALH-e I'ceding the Williams Lift Station is in poot,condition and needs re lacing and improvernent,This Nvoi-k inCkides gavity piping,nIM1110leS J)IUS inipi-ovement to the \VooldridLe.,Force,Hearin also. How can similar changes be avoided in the future? Unavoidable A, CONTRACT PRICE $ 17.714384.10 13. TOTAL CHANGE ORDERS(inc. current) $ 1,004,13962 NEW CONTRACT PRICE $ 18,718,523.72 1). THIS CHANGE ORDER $ _609,30534 - ProJect Manager E, PERCENT TOTAL CHANGE(B/A) 5.67%4�" E. PREVIOUS ADDITIONAL CONTRACT TiNIE AUTHORIZED 88("_D' G. ADDITIONAL,CONTRACT TIME TI I IS CHANGE ORDER 35 C.D. 11. TOTAL ADDITIONAL TIME 123 C�D� CITY OF CORPUS CHRISTI,TEXAS CONTRACTOR fly: BY: 1')ii,ectoi�of'l�,ngineQ,ri�igSe Ice Title: APPROVLD: Operating Department (Wastewater)- Phase 2-$609,305.34 Dir. of Management& Budget Legal Department L 1G /"'U '6')- - ... ..... WILLIAMS PROJECT, PHASE 11 -FORCE MAIN AT LIFT STATION Estimate: Cost Proposal No. 12 ICIty Project No: 6466&6467 Manpower: Descrl ton Position ST Hours OT Hours j Total Hours I ST Rate OT Rate Total S - Total Hours Total $ Burden O.OD% Burden Cost $ Equipment Hourly Hourly Total Labor S Type Hourl Rate Total 5 Total is Total Equipment S 69R S&RCost $ Total Labor 3 Materials (F�tlmatedj Outside Services/incidentals Corresponding Daily Constructlon Report Number's ti Date By TBD COSt:Each: $ Markup:(15%) $ This work will add 35 Days to the.overall contract Total Invoice: $' Worksheet locals Sub total Short Description: Materials for Underground utilities $ 33,100.52 Short Description: Dewatering S 77.315.62 Short Description: Install 36'bypass line S 147,143.51 Short Description: Sewer Pumping(no vac trucks-alternate) $ 1,947.07 Short Descnphon: 30'FM Bypass instalation $ 108.957.34 Short Description:Excvt 3 shore pit at existing 30"FM connection&connect $ 24,585.10 Short Description: Install plugs at manhole 4 and pump sewer S 8,006.02 Short Description:Excvt&strove pit at existing manhole 93 $ 32,763.79 Short Description: Demo existing junction box $ 9,626.70 Short Description: Install 12'diem manhole $ 42,525.80 Short Description: Remove7lnstall dual 24 inch gravity Tine $ 38,099.40 Short Description: RenwgInstall dual 30 Inch gravity Ina S 22,057.07 Short Description:Remove 8 replace existing manhole $ 27,197.13 Short Description: Test Gravity Una $ 3,936.32 Short Description: Reconnect new 30'to existing FM $ 4,193.62 Short Description: Remove bypass pumping $ 5,423.34 Vac Truck Alternate(under separate cover) $22,425.00 $ 609,305.34 Reytec Construction Resources,Inc. APPROVED 0 APPROVED AS NOTED REVISE Atq} SUBMi7C3 JOB NUMBER 1rr``�� SUBMITTAL NUMB 7l 4026-,Ak Cvw"1131 _ THIS SUBMITTAL HAS BEEN REVI FOR COMPU WITH CONTRACT DOCUMENTS.APPROVAL.DOES NOT RELIEVE THE SUPPLIERISUBCONTRACTOR OF THE RESPONSIE LITY FOR CONFORMANCE TO THE OUAt1TY STANDARDS AS SET FORTH IN THE CONTRACT DOCUMENTS NOR DOES IT RELIEVE HIS ERIESPONSIEU FOR FIELD V [FICA 0 ALL CON TIONS TO M IDX `R Corpus Chr st Engineering Williams Drive Phase 2 Council Presentation February 18, 2014 Project Scope Corpus Chr sty Engineering 2 Project Schedule Corpus Chr sti Engineering 2012 2013 2014 2015 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 An additional 6 weeks will be added to the overall project time frame for both Phase 1 & Phase 2 as a result of this change order. 3 1852 Project Budget Corpus Chr sti Engineering FUNDS AVAILABLE Williams Drive Phase 2 $ 5,470,000.00 RTA 96,490.00 Storm Water . 6,050,719.00 Wastewater . 1,337,900.00 Wastewater (This Item) 365,000.00 Water . 1,164,800.00 Gas 146,279.83 TOTAL AVAILABLE. $ 14,631,188.83 FUNDS REQUIRED: Construction(Reytech Resources) 11,725,938.43 Contingencies 191,216.72 Change Order No. 9 (This Item) 609,305.34 Design Fees: Engineer (Naismith, Inc.) . 1,359,274.00 Engineer (Zaragoza) . 15,900.00 Engineer (Nadkarni) 42,000.00 Geotechnical and Construction Materials Testing (Tolunay-Wong Engineers, Inc.)._ 8,112.00 Reimbursements 676,050.08 TOTAL $14,627,796.57 Estimated Project Balance $3,392.26 4 d AGENDA MEMORANDUM MaaP© a,EO Future Item for the City Council Meeting of February 18, 2014 s� Action Item for the City Council Meeting of February 25, 2014 DATE: February 10, 2014 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe, Assistant City Manager SThorpe(a)-cctexas.com 826-3898 Eddie Ortega, Director EddieOCa)-cctexas.com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyB(a)-cctexas.com 826.3021 Resolution of the City Council of the City of Corpus Christi, Texas adopting a City Central Corridor Community Revitalization Plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North; and providing an effective date. CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas adopting a City Central Corridor Community Revitalization Plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North; and providing an effective date. PURPOSE: The plan identifies factors such as; Roads, Blight, City Facilities, Schools, Crime, Storm Water and Business Development that have occurred in within the designated area. The plan also identifies funding used and to be used in the revitalization efforts of the designated area. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required for the passing of the resolution. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2014- Expenditures 2015 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council adopt the City Central Corridor Community Revitalization Plan. LIST OF SUPPORTING DOCUMENTS: Resolution City Central Corridor Community Revitalization Plan Revitalization Map Resolution of the City Council of the City of Corpus Christi, Texas adopting a City Central Corridor Community Revitalization Plan for an area encompassing the border streets of Staples Street on the East, Everhart Road to the South, Saratoga Boulevard to the West, and Ayers Street to the North; and providing an effective date. Whereas, the City of Corpus Christi, Texas has considered the revitalization needs of the City Central Corridor (the "Designated Area"); Whereas, the City's considerations have incorporated public comment on factors including, but not limited to the following factors that may impact the Designated Area's need for revitalization: environmental conditions; real estate challenges, including vacancy and declining property values; infrastructure needs; adequacy of transportation; community amenities, including local public services such as libraries, parks, medical care and first responders; crime rates; school performance; the presence and need for business and employment opportunities; and diversification of the residents, businesses, and opportunities in the Designated Area; Whereas, the City Council has reviewed the City Central Corridor Community Revitalization Plan for the Designated Area (the "Plan"); Whereas, the Plan contemplates activities that have already been performed in the Designated Area and funding that has already been awarded to the Designated Area for such activities, along with additional and future proposed activities and funding for the Designated Area; Whereas, the City believes that the full funding for the activities described in the Plan will be available; Whereas, in furtherance of the community revitalization activities noted in the Plan, TG 110 Lexington Manor. LP and its affiliates (the "Applicant") propose to reconstruct an affordable housing development with up to 153 residential units (the "Affordable Housing") in the Designated Area, to be known as the Lexington Manor Apartments; Whereas, the Applicant proposes to apply for financing for the Affordable Housing, including Low Income Housing Tax Credits ("Tax Credits") from the Texas Department of Housing and Community Affairs ("TDHCA") pursuant to TDHCA's 2014 Qualified Allocation Plan (the "QAP"); Whereas, the City supports the development of Affordable Housing in the Designated Area because of its anticipated community revitalization impact; and Whereas, the Affordable Housing is the only applicant for Tax Credits in the 2014 competitive round that the City wishes to receive two (2) points under 11.9(d)(7)(a)(ii)(III) of the QAP for contributing significantly to the City's revitalization efforts; Resolution for Revitalization Plan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section One. The City hereby adopts the Plan in all respects. Section Two. The City supports the development of the Affordable Housing and has selected the Affordable Housing as the only proposed Tax Credit application for 2014 that contributes most significantly to the City's concerted revitalization efforts. Section Three. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED this day of 2014 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2014 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 Revitalization Plan quelNW pp �Wl r ilk' DeLorme 5treel,Afla U&A(D 20131 j f p �y oc I F j / o IV r kN / fry � �y ah� 1 �H�p�q� � I 6 � "�X "" )4 r, f�FV llllt' lP ll!' b d VII 90 � C 1 Av aYN°J 1741 i �4 44""ll AC N�u� ' i r b il spry �y r �FdifF Y�' 1 '" a ' 4-1 " I"Iry ire " " Cabaniss F ield NO L �u Tlo 357 ;` g g 7 < ky j I MV g1°"I l { Q 21 F MI"B 4' m � 1 r � , l��� *F g d � �'��n ��� � r°/fl� 'i w;r 4�fP Y��mn � i ro �b Xr'I it �,,,v„ w �F.""r wlflll 9Fo �� ,n` ��,a,; �'"'a m,,lro ",ba 1�,r w Data usesubaeettu license. mi @ DeLorme.DeLume StreetAtlas USAIID 2013. 0 % 1?� 34 1 1% r wa .delo,rme.co,m I'd l (4.1: E:) Data Zo Om'11_,E, > \ fAmmomw wwmm ~ 6 4m Wo * + IN , » }\\ v . < 3 ° City Central Corridor COMMUNITY REVITALIZATION PLAN Proposed fo r Adoption February 25, 2014 City Central Corridor COMMUNITY REVITALIZATION PLAN INTRODUCTION The City of Corpus Christi is a beautiful bayfront community of over 312,000 population with the one of the largest ports in the nation. As the City grows, it becomes increasingly important to ensure that certain older areas are not left behind to become blighted and detrimental to our residents. Over the past ten years, the City has been investing in an area in and around the 78415 zip code generally known as the "Central City Corridor" and identified by the map on Exhibit A to this Plan. These investments have been intended to revitalize a deteriorating community. Despite a concentrated revitalization effort and a general understanding of the desired goals, a written plan for the Central City Corridor has never been formally adopted. Thus, the purpose of this Plan is to provide the opportunity for public input as to the City's efforts to date and additional efforts needed, and to provide a process for continued revitalization of the Central City Corridor. Sources for investment in the Central City Corridor started with Community Development Block Grant funds available to the City from HUD. Subsequently, as areas of need were identified, the City used bond financing approved by voters in 2008 and 2012 for various improvements. Other recent investments have been made from federal and state sources and the local school district for improvements and programming. Additionally, as improvements have taken hold, the private sector has made increasing investments in the Plan area. DESCRIPTION OF AREA The Central City Corridor, called the "Revitalization Area" for purposes of this Plan, is described by map on Exhibit A to this Plan. It is bounded by Staples street on the east, Everhart Road to the south, Saratoga Blvd to the West, and Ayers Road to the north and encompasses 13.64 square miles or 9,369.6 acres. A majority of the population in the Revitalization Area is Hispanic (75%), with the remaining ethnic groups being 6% Caucasian, 4% African American and 14% other. Over 21% of the population in the Revitalization Area has income below the poverty level and 78% of the population is under the age of 20. CONSIDERATIONS IN IDENTIFYING THE AREA The Revitalization Area for this Plan has been identified based upon a desire to improve and/or revitalize the following factors: ❖ Infrastructure — Transportation and Drainage. Roads in the plan area are main arteries to the center of Corpus Christi. Streets such as Staples, Kostoryz, Ayers, Weber, Holly, Saratoga Gollihar and Everhart connect the Revitalization Area to interstates and to the central city. Many of these roads have been in disrepair for years and in need of rehabilitation and expansion. In addition, the Revitalization Area has experienced Page 1 flooding due to lack of satisfactory storm water systems associated with the main thoroughfares of Kostoryz and Staples. ❖ Blight. Many residential houses and businesses were not occupied and the area was deteriorating when this revitalization work was first started. Much of the housing is 30-50 years old and deferred maintenance has been noticeable. ❖ Public Protection. Crime rates in the 78415 zip code, which is part of the Revitalization Area, have traditionally been one of the highest in the City. Additional Fire Department resources are needed in the area. ❖ Schools. School attendance was declining and the schools were old and in need of renovation when this revitalization work first started. Access to quality schools was critical to revitalizing the area, particularly for those residing in the Central City Corridor. ❖ Business Development. Access to retail and employment centers is vital to improving the opportunities for those residing in the community. Focusing on business retention and expansion is critical. IMPROVEMENTS AND PROGRAMS ALREADY COMPLETED IN THE AREA The following improvements and programs have already been implemented to assist the Revitalization Area. While the City has been working to improve the Revitalization Area over the past ten years, the projects below have been implemented since March 1, 2010 and reflect more than $50 million of improvements. 1. Infrastructure—Transportation and Storm Water. Project: Kostoryz Road from South Padre Island Drive (SPID) to Saratoga Boulevard, shown as a light green line on the map on Exhibit A involves widening and rehabilitating roadways and utilities including storm water work. The improvements were completed in 2010. Source of Funding: TXDOT and City of Corpus Christi Funding Amount: $1,880,000 TxDOT $856,000 City 2. Blight. Since_the revitalization work began, the City has noticed improvements to the neighborhood homes, and property values are increasing. The Bridges Mill Village subdivision, which was started during the City's revitalization effort, continues to construct new homes. 3. Public Protection. Page 2 Project: The Early Intervention Division of the Texas Department of Family and Protective Services has identified the 78415 zip code as one of fifteen (15) zip codes in the State of Texas that has the highest incidence of juvenile violent crimes. The Community Youth Development Program is a state funded grant that was created to assist with crime prevention, focusing on youth ages 6-17 with an emphasis on those ages 10-17. Service providers work with youth to empower them as productive citizens and reduce crime rates, with a focus on the Revitalization Area. Source of Funding: State funding. Funding Amount: $503,000 in Fiscal Year 2011. $320,000 in Fiscal Year 2012. $320,000 in Fiscal Year 2013. 4. Schools. Project: Gloria Hicks Elementary is a newly constructed 77,192 square foot facility, completed in September 2010 and serving the Revitalization Area. See the location of this facility on the map attached as Exhibit A. Source of Funding: Corpus Christi Independent School District Funding Amount: $11,900,000 Project: Mary Helen Berlanga Elementary is a newly constructed 78,000 square foot facility, completed in December 2011 and serving the Revitalization Area. See the location of this facility on the map attached as Exhibit A. Source of Funding: Corpus Christi Independent School District Funding Amount: $10,713,328 5. Business Development. Project: Sam's Club and Walmart. Within the last two years, these two retailers have constructed new facilities in the Revitalization Area, including additional small shop retail and paid space. See the location of this facility on the map attached as Exhibit A. Source of Funding: Private Funding Amount: In excess of$20,000,000 Project: Other business developments in the last two years have included a new HEB supermarket opening at Kostoryz and Gollihar, Crest Mart opening at Kostoryz and Holly, Corpus Christi City Employees Credit Union opening on Kostoryz near its intersection with Holly, and an Army Reserve Center opening just off Everhart Road in Page 3 the Revitalization Area. See the location of these facilities on the map attached as Exhibit A. Source of Funding: Private Funding Amount: In excess of$8,000,000 IMPROVEMENTS AND PROGRAMS PLANNED FOR THE AREA The following improvements and programs are underway or planned for the Revitalization Area. Over $15 million of improvements and programs are expected to be implemented in the next two years. 1. Infrastructure - Transportation and Storm Water. Project: Ayers Street from Saratoga Boulevard to Holly Road, shown as a light orange line on the map on Exhibit A involves widening and rehabilitating roadways and improving storm water runoff. The improvements began November 14, 2011 and are nearly complete. Completion is expected in 2014. Source of Funding: State funding Funding Amount: $6,195,136 Project: Kostoryz Road —2008 bond funds, will construct this street from Horne to Sunnybrook and Sunnybrook to SPID, designated as the dark orange line on the map on Exhibit A. 2012 bond funds Brawner Parkway to Staples Street designated as dark green line on the map on Exhibit A. This involves reconstruction and widening of Kostoryz Road to include a new center turning lane in areas ROW allows and four lanes of traffic. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings and street lights. The improvements have been underway since 2008. Source of Funding: Corpus Christi bond funds (2008 and 2012) FundedAmount: $16,020,000 Bond 2008 $5,900,000 Bond 2012 Project: Staples Road — 2012 bond funds, will construct this street from Kostoryz to Weber, designated as a green line on the map on Exhibit A, and Brawner Parkway to Everhart Road—2008 bond funds, designated as dark orange on Exhibit A. This involves reconstruction of five-lane roadway including two travel lanes on both sides and a continuous left turn lane. Additional improvements include curb and gutter improvements, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. The improvements have been underway since 2008. Page 4 Source of Funding: Corpus Christi bond funds (2008 and 2012 issuance) FundedAmount: $22,020,000 Bond 2008 $6,100,000 Bond 2012 2. Public Protection. Project: A new 5,200 square foot fire station is being constructed at the intersection of Saratoga and Ayers with expected completion by 2016. See the location of this facility on the map attached as Exhibit A. Source of Funding: City 2012 bond funds. Funding Amount: $2,100,000. Project: The 78415 Community Youth Development Program is a state funded grant that was created to assist with crime prevention, focusing on youth ages 6-17 with an emphasis on those 10-17. Service providers work with youth to empower them as productive citizens and reduce crime rates, with a focus on the Revitalization Area. Source of Funding: State funding. Funding Amount: $387,000 in Fiscal Year 2014. Future Fiscal Year amounts to be determined, as the programming is anticipated to be ongoing. CONTINUED PLANNING FOR THE REVITALIZATION AREA The improvements and programs described in this Plan are examples of prior, current and planned activities designed to revitalize the Central City Corridor. However, the City's commitment to this Revitalization Plan does not end here. The City will continue to look for opportunities to establish programs or provide improvements that will continue to revitalize the area, uplifting residents of the neighborhoods and supporting area businesses to continue the cycle of improvement and avoid future deterioration. ANTICIPATED RESULTS The City believes the initiatives described in this Plan will stop and reverse existing deterioration in the neighborhoods of the Revitalization Area, improve the aesthetics of the area, provide additional infrastructure for accessibility and development, increase the tax base, support existing businesses, and recruit additional businesses, which will lead to more opportunity for those living and working in the Revitalization Area. Page 5 Each initiative in the Revitalization Area, whether already implemented or planned for completion, supports a framework that will improve this neighborhood. By combining resources from the City, the State, and the private sector, the Revitalization Area will receive major economic infusion. Because many of these resources have already been spent or allocated, the City has no reason to believe that the Plan will not be fully implemented as intended. APPROVAL For all these reasons, the City Council of the City of Corpus Christi hereby adopts the Central City Corridor Community Revitalization Plan, after receipt and consideration of public comment and deliberation at an open public meeting. Date of Adoption: , 2014 Page 6 EXHIBIT A Revitalization Area (attached hereto) City of Corpus Christi City Central Corridor Revitalization Plan MAP NOTES 1. Ayers Street has/is being redone with state funding 2. Kostoryz between Holly Road and SPID was completed with CDBG funding in the last four years 3. Corpus Christi school system has added two schools in the area (Mary Helen Berlanga Elementary and Gloria Hicks Elementary) 4. John Paul High School reopened (Catholic High School) 5. Proposed new Fire Station at Ayers and Saratoga Blvd. financed with 2012 bonds. 6. New HEB at Golliharrd and Kostoryz 7. New Crest Mart at Holly Road and Kostoryz 8. 2008 Bond Improvement projects 9. 2012 Bond Improvement projects 10. Army military reserve center has opened up in this area at Everhart 11. Not used 12. Delmar opened a new college extension near Kostoryz and Staples Street intersection 13. City Employees Credit Union opened on Kostoryz near the intersection of Holly Road Page 7 Page 8 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of February 25, 2014 Second Reading Ordinance for the City Council Meeting of March 18, 2014 DATE: January 30, 2014 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 Single-Family Residential and Neighborhood Commercial to General Commercial By Old Lipan Limited Property Addresses: 5429-5505 Cain Drive, 5633 South Staples Street & 5502-5506 Holly Road CAPTION: Case No. 1113-02 Old Lipan Limited: A change of zoning from the "RS-6" Single-Family 6 District and "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District, resulting in a change to the Future Land Use Plan from low density residential to commercial uses. The property is described as Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, located on Holly Road and Cain Drive, approximately 400 feet west of South Staples Street. PURPOSE: The purpose of this item is to rezone the property to allow a high intensity commercial use. RECOMMENDATION: Staff Recommendation: • Denial of the rezoning to the "CG-2" General Commercial District. • Denial of a Special Permit for a mini-storage facility. Planning Commission Recommendation (January 29, 2014): • Denial of the rezoning to the "CG-2" General Commercial District • Denial of a Special Permit for a mini-storage facility as a result of a split vote (4-4). BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS-6" Single-Family 6 District and "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District to allow higher intensity commercial uses, specifically a mini-storage facility. The requested change of zoning would allow commercial uses such as bars, vehicle sales and service facilities, and mini-storage facilities, which are not compatible with the surrounding residential subdivision. The proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the portion of the property fronting Cain Drive for low density residential uses and the portion of the property fronting Holly Road for neighborhood commercial uses. The proposed rezoning would significantly alter the character of the neighborhood on Cain Drive, as would a Special Permit for a mini-storage facility. The proposed rezoning is not consistent with the land use and zoning patterns of the adjacent residential properties. A "CG-2" District would allow uses that are not compatible with the surrounding residential subdivision and could potentially increase traffic through residential areas on Cain Drive, which is a local residential street. The Planning Commission recommended at the first hearing that a Special Permit be created by staff. A Special Permit with 10 conditions was developed and Planning Commission entertained a motion to approve the Special Permit at the second hearing. The proposed motion failed to be approved by Planning Commission with a 4-4 tie vote. A petition was signed by 54 households in the Gardendale Subdivision in opposition to the proposed rezoning for a mini-storage facility. Public comments are included. Two properties within 200 feet of the subject property are opposed to this rezoning, totaling 7.55% of the 200-foot area. The Planning Commission recommended to deny the requested "CG-2" General Commercial District and did not reach an agreement on the Special Permit that was considered. Therefore, this rezoning request is forwarded to Council with a recommendation of denial from the Planning Commission. A recommendation of denial from the Planning Commission requires a favorable vote of at least three-fourths of all the City councilmembers in order to approve it. ALTERNATIVES: • Deny the request. • Rather than approving the "CG-2" General Commercial District, Council may approve a Special Permit for a mini-storage facility subject to the following conditions, which were considered by Planning Commission, or Council may modify the conditions: 1. Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini-storage facility. 2. Access: No vehicular access shall be permitted onto Cain Drive. 3. Street Yard Setback: A building setback of 35 feet shall be required along Cain Drive. The 35-foot setback shall remain as open space. Buildings and paving are prohibited within this setback. All other building setbacks shall comply with the UDC. 4. Buffer Yard: A 15-foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Canopy trees of 2.5-inch caliper shall be planted every 30 feet on center within the buffer yard and within the front yard setback. 5. Screening Fence: A minimum six-foot tall solid wood screening fence is required between the mini-storage facility and the residential uses and along the 35-foot wide building setback line along Cain Drive where a building does not serve as the visual screen. 6. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of a residential use. No light source shall exceed the roof height of the buildings on site or 15 feet, whichever is more restrictive. 7. Building Height: Buildings shall not exceed 26 feet where adjacent to a residential use. Otherwise, the maximum building height shall be 36 feet. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. 9. Signage: No wall- or pole-mounted signage is allowed on Cain Drive or facing a residential use. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is not consistent with the City's Future Land Use Plan or the Comprehensive Plan, which protects the Gardendale neighborhood from commercial encroachment. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Zoning Report with Attachments Public Comment Summary Aerial Overview Map/Presentation Ordinance amending the Unified Development Code ("UDC"), upon application by Old Lipan Limited ("Owner"), by changing the UDC Zoning Map in reference to Lots 4, 513, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, by granting a Special Permit for a mini-storage facility; 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 Old Lipan Limited ("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, December 4, 2013, and January 29, 2014, during meetings of the Planning Commission, and on Tuesday, February 25, 2014, 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 Old Lipan Limited ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by granting a Special Permit for a mini-storage facility subject to 10 conditions and maintaining the existing base zoning districts on Lots 4, 5137 67 7A7 13, and the west half of Lot 5, Block 10, Gardendale Subdivision (the "Property"), located on Holly Road and Cain Drive, approximately 400 feet west of South Staples Street (Zoning Map No. 043035), as shown in Exhibit "A." Exhibit A, which is a location and zoning 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 Special Permit granted in Section 1 of this ordinance is subject to the following 10 conditions: 1. Use: The only use allowed on the Property other than uses permitted in the base zoning districts is a mini-storage facility. 2. Access: No vehicular access shall be permitted onto Cain Drive. 3. Street Yard Setback: A building setback of 35 feet shall be required along Cain Drive. The 35-foot setback shall remain as open space. Buildings and paving are prohibited within this setback. All other building setbacks shall comply with the UDC. 4. Buffer Yard: A 15-foot wide buffer yard and 15 buffer yard points shall be required along the property boundaries adjacent to residential zoning districts. Canopy trees of 2.5-inch caliper shall be planted every 30 feet on center within the buffer yard and within the front yard setback. 5. Screening Fence: A minimum six-foot tall solid wood screening fence is required between the mini-storage facility and the residential uses and along the 35-foot wide building setback line along Cain Drive where a building does not serve as the visual screen. 6. Lighting: All lighting shall be shielded and pole lights shall be of the full cut-off type. Freestanding pole lights are not allowed within 50 feet of the property line of a residential use. No light source shall exceed the roof height of the buildings on site or 15 feet, whichever is more restrictive. 7. Building Height: Buildings shall not exceed 26 feet where adjacent to a residential use. Otherwise, the maximum building height shall be 36 feet. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. 9. Signage: No wall- or pole-mounted signage is allowed on Cain Drive or facing a residential use. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 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: Rebecca Huerta Nelda Martinez City Secretary Mayor 1113-02 Ordinance, Old Lipan Limited SP_rev02O72014 Page 3 of 3 Q u N Al? m � b u h CG -2 w Q M M Q M d ti ~ U Z RS — 6 M u w w w ` u Q m c� M M � M M M M •v U M b c M �jNO R Q 0 b M GN- 2 10 RS - 6 w M CN- 1 SUBJECT PROPERTY RM- 3 4� Cl 4v CG -2 L Date Created:10/28/2013 0 400 800 Prepared By:LARK-jYF Feet Department of Development Servfices CASE: 1113-02 SUBJECT PROPERTY WITH ZONING q. ® Subject yo<<y m Property SUBJECT siOa P_ROPERTY b"', RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family 6a CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 i CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse ��� y Cl General Commercial SP Special Permit N Qv� CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial X RMH Manufactured Home E � CR-3 Resort Commercial / % yqo FR Farm Rural ��� City Of H Historic Overlay CO US BP Business Park LOCATION MAP Christi EXHIBIT A PLANNING COMMISSION FINAL REPORT Case No. 1113-02 HTE No. 13-10000036 Planning Commission Hearing Date: January 29, 2014 (tabled December 4, 2013) Applicant/Owner: Old Lipan Limited Representative: Mark Adame/ Bill Durrill 0 0-a Legal Description/Location: Lots 4, 5B, 6, 7A, 13, and the west half of Lot 5, Block 10, Gardendale Subdivision, located on Holly Road and Cain Drive, Q°d 0 approximately 400 feet west of South Staples Street. }, From: "RS-6" Single-Family 6 District and "CN-2" Neighborhood Commercial District .F n To: "CG-2" General Commercial District N Area: 4.2 acres Purpose of Request: To allow construction of a mini-storage facility. Existing Zoning Existing Land Use Future Land Use District "RS-6" Single-Family 6 Low Density Site & "CN-2" Neighborhood Vacant, Residential, Commercial Public/Semi-Public Public/Semi-Public & Commercial "RS-6" Single-Family 6 Vacant, Low Density Low Density North & "CN-1" Neighborhood Residential, & Residential & c Commercial Professional Office Commercial c Medium Density N "RM-3" Multifamily 3 & Residential, Medium Density c J South "CN-2" Neighborhood Commercial, Vacant Residential & y Commercial & Professional Commercial w Office "RS-6" Single-Family 6 East & "CN-1" Neighborhood Public/Semi-Public Public/Semi-Public Commercial West "RS-6" Single-Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low cL c density residential uses on Cain Drive and neighborhood commercial uses on Holly Road. The proposed rezoning to the "CG-2" General Commercial District a c is not consistent with the adopted Future Land Use Plan or the Southside aArea Development Plan. Map No.: 043035 Zoning Violations: None Zoning Report Case#1113-02 Old Lipan Limited Page 2 Transportation and Circulation: The subject property has approximately 500 feet of street frontage along Cain Drive, which is a local residential street, c and 132 feet of street frontage along Holly Road, which is an "Al" Minor Arterial Undivided street. The subject property is located approximately 400 0 feet west of South Staples Street, which is an "A2" Secondary Arterial Divided CL street. According to the 9t" Edition Trip Generation Manual, the proposed c>s mini-storage would have an average of 140.25 daily weekday trips. If the 3.1-acre property was developed with single-family uses, the daily weekday trips could be a maximum of 147 trips. Other uses allowed in the "CG-2" General Commercial District could increase the trip count. Urban Traffic Proposed Existing Street Transportation Volume O Plan Type Section Section (2011) Holly Rd. "A1" Minor Arterial 95' ROW 80' ROW 16,721 ADT Undivided 64 paved 60 paved L Cn Cain Dr. Local Residential 50' ROW 60' ROW N/A 28' paved 28' paved Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single- Family 6 District and the "CN-2" Neighborhood Commercial District to the "CG-2" General Commercial District to allow the construction of a mini-storage facility. A mini-storage facility is not considered a neighborhood commercial use. Development Plan: The proposed rezoning is within the Gardendale Subdivision. The applicant is proposing a mini-storage facility on a 4.2-acre tract of land. The proposed mini-storage will consist of 500 units, totaling 82,000 square feet of building area. At a minimum, the Unified Development Code would require a 20-foot wide front yard on Cain Drive and Holly Road. A buffer yard of 15 feet with 15 points would be required along the property lines abutting the "RS-6" Single-Family 6 District. The site is proposed to have access from Holly Road and no access is proposed on Cain Drive. Additionally, the applicant proposes to have a setback of 15 feet from the western property line with 2.5-inch caliper trees every 30 feet on center. Existing Land Uses & Zoning: North of the subject property, across Cain Drive, are professional offices and vacant land zoned "CN-1" Neighborhood Commercial District and a single-family dwelling zoned "RS-6" Single-Family 6 District. East of the subject property is a home health and hospice facility zoned "CN-1" Neighborhood Commercial District and "RS-6" Single-Family 6 District. South of the subject property is an office park and commercial facility zoned "CN-2" Neighborhood Commercial District, and an apartment complex across Holly Road zoned "RM-3" Multifamily 3 District. West of the subject property is a single-family dwelling zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Zoning Report Case#1113-02 Old Lipan Limited Page 3 Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is not consistent with the Southside ADP or the adopted Future Land Use Plan's designation of the property as low density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - Rezone residentially zoned properties on Holly Road between Staples Street and Everhart Road to a neighborhood commercial district consistent with street traffic carrying capacity and protection of the abutting residential neighborhood (Southside Area Development Plan, Policy Statement B.9). o Allow office and commercial uses along Williams and Holly Roads, but prohibit those land uses typically found in the B-4 (CG-2) Zoning District, which are most offensive to residential properties. - Preserve and protect the residential nature of the Gardendale Neighborhood from Curtis Clark south to Cain Drive and from Everhart east to Staples (Southside Area Development Plan, Policy Statement B.10). o Prevent the development of non-residential uses into the interior of the neighborhood. - Limited commercial expansion will be allowed on either side of Staples Street and Everhart Road (Southside Area Development Plan, Policy Statement B.11). o Total depth of commercial expansion between Staples and Everhart Roads and the neighborhood shall generally not exceed 300 feet. - Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement d). Plat Status: The subject property is comprised of five platted lots and one half lot. In order to construct the proposed mini-storage facility, the property would need to be replatted. Department Comments: • The proposed rezoning deviates from the Comprehensive Plan: • Uses typically found in the "CG-2" General Commercial District (formerly "134" District) should be prohibited along Holly Road. A rezoning to the "CG-2" District directly contradicts this statement. • The proposed mini-storage is approximately 400 feet from South Staples Street and extends an additional 500 feet along Cain Drive, encroaching into the Gardendale Subdivision approximately 900 feet. The 900 feet exceeds the 300-foot limitation within the Southside Area Development Plan. • Non-residential uses should not be expanded within the interior of the Gardendale Subdivision. • Uses allowed in the "CG-2" District do not increase the residential desirability of a neighborhood. • It is staff's opinion that the proposed rezoning would negatively impact the surrounding residential properties and the property to be rezoned is not consistent Zoning Report Case#1113-02 Old Lipan Limited Page 4 with the Future Land Use Plan's designation of the property as a low density residential use. • A "CG-2" District would allow uses that are not compatible with the surrounding residential subdivision and could potentially increase traffic through residential areas on Cain Drive, which is a local residential street. • Staff's opinion is that a mini-storage facility does not increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses to allow within residential areas. • At the Planning Commission's request, staff has developed conditions should Planning Commission desire to recommend a Special Permit in lieu of granting the rezoning to the "CG-2" General Commercial District or denying the applicant's request. • Staff does not recommend a mini-storage facility be developed on the subject property. Therefore, staff does not recommend a Special Permit be granted to allow the mini-storage use. Staff Recommendation: • Denial of the rezoning to the "CG-2" General Commercial District. • Denial of a Special Permit for a mini-storage facility. Planning Commission Recommendation (January 29, 2014): • Denial of the rezoning to the "CG-2" General Commercial District • The Planning Commission recommended at the first hearing that a Special Permit be created by staff. A Special Permit with 10 conditions was developed and Planning Commission entertained a motion to approve the Special Permit at the second hearing. The Planning Commission recommended denial of a Special Permit for a mini-storage facility as a result of a split vote (4-4). Number of Notices Mailed — 45 within 200-foot notification area 0 13 outside notification area c>s As of January 30, 2014: 0 In Favor — 2 inside notification area; 0 outside notification area In Opposition — 2 inside notification area; 54 outside notification area a Totaling 7.55% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) fi U 490 b, U 15 13 22 20 p 17 7 6 _. 'r0 'f4 2" SUBJECT PROPERTY �2 P �u A% 4 R M. 3 4V GG - 2 I r r as a aaa 0 400 800, Pmpared By LABRY"F Feet ite arrarore aoeveaoRrieearservices CASE. 1113-02 ZONING & NOTICE AREA RrNI-1 fl�cuVtlSa¢attlVy 1.... IL Light Industrial RM-2 MulllViamnilly 2 1H Heavy Industrial uBiL Rp�6'-3 F41ultUrarniRy 3 S UG Planned Bueid Ckev Overlay S ,� ON Professional Gidice y 4 f' � ,�...'. RS-10 Slin le-Famrii 10 RM AT Muitilam ily AT RS-6 Single-Faimllry 6 rev CN-1 NeilglmnxorhoodComYmlerciai R'S-35 S1 ngle-Farmily4.5 CN-2 (Neighborhood Commercial RS-4F Two-'Fa m7illy rJ CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE ResN9emdtlaV Estate CG-1 General Crrmercial R -T- Townhouse CG-2 General Commercial p Cl Ihmtemsive Commercial RP Rccr alNOmaVe6iCia Park �r C18 1D Downtown Comromuercilal RMH Manulactured Home CR-3 Resort Commercial FR Farm Rural � N 6t V#Ilslortic overlay !SP 'Business Park rwnrrwwr .� a ® 5¢ab)eer d3�rr,�er'd¢ A'P%k �1 u nth't fJ Vmum°er a C rrs r(er -..... ,. aCLity�3 of Voy Cot-pus oymer ✓thm 2Cisferan X rOe,rey3 LAk1TION A f rtPached mvnersNp tab.e � w,. aaVrl�msrPtrlrr COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case 1113-02 Old Lipan Limited I. Notices returned from WITHIN the 200-foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 45 Favor: 2 - Will most likely never be developed with residential properties. - Due to neighborhood redevelopment this property should be rezoned to business. Opposition: 2 #17 Rodolfo Medina (5413 Cain Drive) #20 Yvonne Brown (5417 Cain Drive) II. Responses received from OUTSIDE the 200-foot notification area: Total number mailed: 13 Favor: 0 Opposition: 3 - Gardendale Stakeholder (5237 Cain Drive) o Will create more traffic. • Will cause more accidents on numerous 4-way stop signs, since more drivers will not be familiar with area. • Will not conform to residential zoning. - Gardendale Stakeholder— Minnie Garcia (5301 Cain Drive) - Gardendale Stakeholder—(5302 Cain Drive) • Heavy traffic already exists with no speed bumps. • High speed through neighborhood. IV. Unsolicited responses received from petitions concerning subject area: Favor: 0 Opposition: 51 1. 5526 Burton Lane 2. 5517 Burton Lane 3. 5313 Cain Drive 4. 5318 Cain Drive 5. 5538 Cain Drive 6. 5405 Betty Jean Drive 7. 5525 Burton Lane 8. 5401 Cain Drive 9. 5615 Burton Lane 10.5607 Burton Lane 11.5310 Cain Drive: a. Encroachment on residential properties and increased crime possible. b. Extra traffic. 12.5402 Cain Drive 13.5229 Cain Drive 14.5226 Cain Drive a. Already too much traffic on Cain Street. b. Does not conform with neighborhood. 15.5222 Cain Drive 16.5217 Cain Drive 17.5214 Cain Drive 18.5210 Cain Drive 19.5238 Cain Drive a. This will create more traffic. 20.5329 Cain Drive 21.5538 Betty Jean Drive 22.5530 Burton Lane 23.5419 Bonner Drive 24.5510 Bonner Drive 25.5305 Bonner Drive 26.5326 Bonner Drive 27.5717 Cain Drive 28.5409 Betty Jean Drive 29.5126 Cain Drive 30.5125 Cain Drive 31.513 Cain Drive 32.5022 Cain Drive 33.5613 Betty Jean Drive 34.5522 Betty Jean Drive 35.5110 Bonner Drive 36.5213 Cain Drive 37.5112 Cain Drive 38.5109 Cain Drive 39.5030 Cain Drive 40.5021 Cain Drive 41.5338 Cain Drive 42.5221 Bonner Drive 43.5201 Curtis Clark Drive 44.5138 Curtis Clark Drive 45.5110 Curtis Clark Drive 46.5113 Curtis Clark Drive 47.5114 Curtis Clark Drive 48.5003 Curtis Clark Drive 49.5013 Cain Drive 50.5309 Curtis Clark Drive 51.5310 Curtis Clark Drive Ti LL)rc o Sam, Pei . Z Rezoning Page 2 - . , integrity.I urge youMembers of the Planning Conmsl'on to vote against the zoning request and protect our neighborhood I thank you for your very hnportant work you have been doi for mg the City of Corpus Christi! Date January 27.2014 Tiburcio Soto Signature 5237 Cain DR. Corpus Christi Tx. r Date January9,2014 t � l To : Members of Corpus Christi Planning Commision. Petition To prevent the issue of having a small storage ` ess built in residential street by issuing eci Permit. Reasons 1. The most ' t reason is that we w ant to protect our neighborhood integrity of our residential neigborhood. As per Gardendale Plan Adopted Feb.8,2000 rov to by the 2000 City Council Yolicy Statement to preserve and protect the residential nature of the Gardendale Neighborhood froCurtis Clark south to Cain Dnand from Everhart t to Staples.by A. Prevent the development of non-residential uses into interior of the neighborhood.This Statement prohibit comm ial business into e interior . It does not say it can y- s this Statement with a Special 't.A Special Permit can be used only on Policy Statement B.I I which copy is included for your review. . 1' 't intrusion of new commercial r expansion of existing commercial vl e t along the western eastern es of the neigborhood parallel*r-westemarrd-,eafternvdges-of the Everhart is Streets. (see Policy Statement B.11) C. If such v is granted to ' t a commercial business within our residential ets, t will setup a precedent soon our 'et residential neigborhood could disappear. appreciate your serving Planning o 'ssi of Corpus Christi e each member to preserve our urdque Residential Neighborhoodik, ��-OT !l a Following are signatures of Gardendale Neighborhood owners who approved this ® . b 5ax p.7 7e-fr ( '3r f Y ar, a r � r i 4 fit E3 (o b r Q20 I� r'ia,� &0 AOF- VICb �d Ir 4f a a, LA Renry t i-IAv s.,,,) _5-1 2y, CAI)LI PIR 1790 # Q, � Mtj4,e,,, Leo v\ S (" om, OC S CA ID JVqck -K) amcJ6 509"1- eaui\- Dr &WAIL- ?WaAV°r 34 1.3 Bevy— %Jaoo."? P., 7Slc/f( J�AUT� z Azq�-94A-,- At. et e- D;11't— 5 V 3 C�'LA Of cc 1) 123 g cmg pa Cc- V, rAlk x fo5o pr .0 pg OQJ Zkl' I �(aS 456 7 3 (V e&111 car?LY3 CA, 7)e 7 Fo V1 At4 4C JAM f Rot), E5p-, -49 1) 5 q5 C CkoSY� 670,,t, t3 r 7&y Cl z4 V 1 l 1w, et) "(5�0- 53 e January r While Against issuance of special permit . . transitional . being built about 5 years ago and belleve that by allowing this commercial business come in: . neighborhood.1) it will increase the noise level of the aesthetic 2) Change the neighborhood. vehicles.3.) These units can be used as garages to repair invite . . quality 5.) Impact greatly the life 'in the neighborhood 6) Large . vehilcle can be stored. Dolores F. Sliguero 5126 Cain Drive V-,eCe�4VLoj k f/Agz PETITION TO PLANNING COMMISION OF CITY OF SUBJECT:CORPUS CHRISTI REQUEST CASE # 1113-02 DATE 12-4-2013 RESIDENTIAL TO CG2 PUBLIC BEARING NOTICE REZONING BUSINESS WE RESIDENTIAL OWNERS OF CAIN DR. PETITION THE MEMBERS OF THE "TLANNING COM[MISION "" TO DISAPPROVE THE REQUEST OF THE ZONING CHANGE DUE TO THE FOLLOWING REASONS. I.MORE CONMERCLAL BUSINESSES WILL CREATE MORE TRAFFIC AND MORE SPEEDING INCIDENTS ON OUR QUIET STREETS . TRAFFIC FROM LEGACY CONZMRCIAL AND SM[ALL BUSINESSES ON STAPLES ARE ALREADY USING OUR NEIGBORHOOD STREETS. MORE TRAFFIC ALSO MEANS SOME VEFIICLES WILL NOT STOP ON OUR NUMEROUS 4- WAY STOP SIGNS AND ADDIT12W AC%TENT�® S L ws ® d . . s r r �5 -7� Q„ 1ti U %!-., .............. . ........ af too (Vex �z 1 Q? X7 "QUIN Ck 71 k/O An -TY, 7 41 1 T k lion WrAnda iCHANEN _mow Future Land Use Plan After Rezoning Subject property, south across Cain Drive Special Permit Conditions 1. Use: Mini -storage is only use allowed other than those allowed in the "RS -6" District. 2. Driveway Access: No driveway access onto Cain Dr. 3. Street Yard Setback: 35 -foot setback required along Cain Dr. Other yard setbacks comply with UDC. 4. Buffer: 15 feet + 15 points required along boundary with residential zoning district. Canopy trees every 30 feet on center in buffer yard and along Cain Dr. 5. Screening Fence: 6 -foot tall screening fence required along boundary of residential properties and along the 35' building setback on Cain Dr Special Permit Conditions cont. 6. Lighting: Lights must be shielded. Full cut-off type lights required. No light pole within 50 feet of residential uses, no light over 15 feet tall. 7. Building Height : No taller than 26 feet where adjacent to a residential use. Otherwise, 36 feet. 8. Hours of Operation: 7:00 AM to 10:00 PM 9. Signage: No wall- or pole -mounted signage allowed along Cain Dr. or facing residential uses. 10. Time Limit: One year to submit complete building permit application. � C Gd7aprM M1ryp AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of February 25, 2014 Second Reading Ordinance for the City Council Meeting of March 18, 2014 DATE: January 29, 2014 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Wastewater Lot/Acreage Fee Exemption by Urban Engineering, representative, for developer of Buena Vista Addition, Block 3, Lots 2A & 3 CAPTION: Ordinance exempting Buena Vista Addition, Block 3, Lots 2A & 3, a subdivision located on Guth Lane, north of Interstate Highway 37and west of Sessions Road, from payment of the wastewater lot/acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE. The purpose of this item is to exempt the proposed subdivision from the required wastewater lot/acreage fees because public wastewater facilities will not be available within the next 15 years. RECOMMENDATION: Planning Commission and Staff Recommendation (January 29, 2014): Approval of the wastewater lot/acreage fee exemption for Buena Vista Addition, Block 3, Lots 2A & 3 subject to a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: The nearest wastewater line is approximately 425 feet east of the subject property on a separate tract of land. The existing manhole on that tract of land has a depth of 10 feet. In order to serve the subject property, the Ayala's would have to obtain a 15-foot wide easement on the abutting tract of land and build the wastewater line to City standards. The Ayala's would have to purchase approximately 6,400 square feet from the abutting Wastewater Lot/Acreage Exemption City Council Agenda Memorandum Page 2 property which could cost approximately $5,300.00. The construction of the wastewater line could cost approximately $17,000.00. The total of $22,300.00, which may not include engineering costs, is not equitable for a single-family residential structure. Lot 3 will have an area of 1.2 acres, which is more than enough lot area to contain its own on-site treatment system. The adjacent property to the east and north are currently on their own septic system. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council, and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: 1. Deny requested exemption and require payment of wastewater lot/acreage fees. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The requested exemption is consistent with the UDC. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning Commission Wastewater Lot/Acreage Exemption City Council Agenda Memorandum Page 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Sanitary Sewer Connection Agreement K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\02-25-2014\BUENA VISTA ADDITION\AGENDA MEMO.DOC Page 1 of 3 ORDINANCE EXEMPTING BUENA VISTA ADDITION, BLOCK 3, LOTS 2A & 3, A SUBDIVISION LOCATED ON GUTH LANE, NORTH OF INTERSTATE HIGHWAY 37 AND WEST OF SESSIONS ROAD, FROM THE PAYMENT OF WASTEWATER LOT/ACREAGE FEES PURSUANT TO SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Buena Vista Addition, Block 3, Lots 2A & 3 (Subdivision) is located on Guth Lane, north of Interstate Highway 37and west of Sessions Road and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Buena Vista Addition, Block 3, Lots 2A & 3 (Subdivision) is located on Guth Lane, north of Interstate Highway 37and west of Sessions Road, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit "A„ b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 3 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. Page 3 of 3 d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. 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: Rebecca Huerta Nelda Martinez City Secretary Mayor K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\02-25-2014\BUENA VISTA ADDITION\ORDI NANCE.DOC r � � r�� .; � �I ��, ., � � � d. �1 � i �� >, L' ,. _d, �"�,:, d� ,; 1 6, t?y „r "' �,,,.. ��f�% x r, G�� � I � i ff 1 n� G " , rl '� .:J 1 �� � i �� m /' ®��� � ' ��® i. ®� " �� °� � �r "�,' �, �� �� ��,, � � � � 1� �, n�a 111 ,; ��, �;� ��� h ,, �� i u ii, ,, r � � 1 �r'r��i uH ulijrrQr�� I��� „ � � f��J�����j ����� ��r, r %l�% 11�111/l�llll////l�lll///////�l 4 � ' �/�'/� Y ( �' �. ��" i� �� ,; �- � �; �� � 4 � ��/�; � �����;� s, �� ,;, J ,,, I � � a� G �. �i� I � a/' i p, � � �; I � r r u i� � r k ,.,,x � ,:. _. /ior,� ��,�iv�/^�„ �i � nd o// r/%/,a� , � �, U� ao,�/��,� t ,�� ���llf�%i� /��o ; �Ul0�JI11 y�rJ79pl��� C� v a�n 1��1����, �runr rnrr�iur�rr ���� ���� u"",�I � ff la �� � i% � � � �f P� � ����j � r�� ��,ro��n �h � r r ",� FIS�kUrivPo�ilY�„� i(i�W i ,�r � 1 i� � ��� t �r '�r, rim; � i � �fl; Y ��n�ilria��nAynyr�1 n �a �Y°���n��K�fiW�w��110��'�y�n, i iii �, �'r a � ,;n ��� Ain�n�natrr�r�,�o�,�,�,iarar� y� „'" n �. �uamNaaJHPII'r�?°oro ,� r r�i�nrXr�i�,h�u'���rr r m�� i r�. �� � ����� m„ � SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Jose G Ayala and Clementina M. Ayala, 4814 Guth Lane, Corpus Christi, Texas 78410 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Buena Vista Addition, Block 3, Lots 2A & 3, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Buena Vista Addition, Block 3, Lots 2A & 3 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF WILDCAT INDUSTRIAL PARK, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement Buena Vista Addition, Block 3, Lots 2A & 3 Page 3 EXECUTED original, this day of , 2014. DEVELOPER/OWNER: Jose G. Ayala Clementina M. Ayala STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 20147 by Jose G. Ayala and Clementina M. Ayala. Notary Public, State of Texas APPROVED: This day of , 2014 By: Renee Couture, P.E. Development Services Engineer APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Buena Vista Addition, Block 3, Lots 2A & 3 Page 4 9 91 A 'n f, As 4 6 t S 4 Ma 19 �C X a12 Z'z S :1' 2 E 16, *v al, ks E.E ------ A 6 L ..........mom— EXHIBIT 1 K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\02-25-2014\BUENA VISTA ADDITIOMSANITARY SEWER CONNECTION.DOC � C Gd7aprM M1ryp AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of February 25, 2014 Second Reading Ordinance for the City Council Meeting of March 18, 2014 DATE: January 29, 2014 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Wastewater Lot/Acreage Fee Exemption by Bass & Welsh Engineering, representative, for developer of King Estates Unit 4 CAPTION: Ordinance exempting King Estates Unit 4, a subdivision located south of South Staples Street (FM 2444) at the intersection of South Staples Street (FM 2444) and Oso Parkway South, from payment of the wastewater lot/acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE. The purpose of this item is to exempt the proposed subdivision from the required wastewater lot/acreage fees because public wastewater facilities will not be available within the next 15 years. RECOMMENDATION: Planning Commission and Staff Recommendation (January 29, 2014): Approval of the wastewater lot/acreage fee exemption for King Estates Unit 4 subject to a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: On behalf of the MPM Development, LLC, Bass & Welsh Engineering is requesting the City to waive the wastewater lot/acreage fees for King Estates Unit 4 by providing an exemption for this area. The subject property is located south of the Oso Creek in an area known as the Laureles Corridor. Currently, this area does not currently have wastewater services available. A Master Plan was proposed for this area but was never Wastewater Lot/Acreage Exemption City Council Agenda Memorandum Page 2 adopted. In order to provide wastewater services to the subject property, it will require construction of several wastewater lift stations and force mains to connect to the Greenwood Wastewater Treatment Facility. It is Staff's opinion that wastewater facilities will not be available within the next 15 years. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council, and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: 1. Deny requested exemption and require payment of wastewater lot/acreage fees. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The requested exemption is consistent with the UDC. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning Commission Wastewater Lot/Acreage Exemption City Council Agenda Memorandum Page 3 FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Sanitary Sewer Connection Agreement K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\02-25-2014\KING ESTATES UNIT 4\AGENDA MEMO.DOC mr d)lli�lAy diuuullf5�0� �V r Gr !Hurt i f7 "2jm � ����a ��?,�✓„�(Cnin�lrin,{nn�4f ` �„ rt e u l m 1 i w f n i wall Miles 0 0.03750.075 0.15 06-1 F. 358 Legend FM 444 Site N Title: Printing Date:02/03/2014 File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\King Estates Unit 4.mxd Prepared By:MSS �\ Illustrative purposes only. Clty Of Coordinate System: COTpUS NAD 1983 StatePlane Texas South RIPS 4205 Feet LOCATION �iQP C11I'IStl ©City of Corpus Christi©Development Services Page 1 of 2 ORDINANCE EXEMPTING KING ESTATES UNIT 4, A SUBDIVISION LOCATED SOUTH OF STAPLES STREET (FM 2444) AT THE INSTERSECTION OF SOUTH STAPLES STREET (FM 2444) AND OSO PARKWAY SOUTH, FROM PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES PURSUANT TO SECTION 8.5.2.G.1. OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, King Estates Unit 4 ("Subdivision") is located south of South Staples Street (FM 2444), at the intersection of South Staples Street (FM 2444) and Oso Parkway South and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that the King Estates Unit 4 ("Subdivision") is located south of South Staples Street (FM 2444), at the intersection of South Staples Street (FM 2444) and Oso Parkway South, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached as Exhibit "A„ b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro-rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. Page 2 of 2 d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. 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: Rebecca Huerta Nelda Martinez City Secretary Mayor K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\02-25-2014\KING ESTATES UNIT 4\ORDINANCE.DOC SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and MPM Development LP, P. O. Box 331308, Corpus Christi, Texas 78463 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for King Estates Unit 4, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement King Estates Unit 4 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF WILDCAT INDUSTRIAL PARK, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXHIBIT Sanitary Sewer Connection Agreement King Estates Unit 4 Page 4 EXECUTED original,this 3 o day of , 2014. DEVELOPER/OWNER: MPM Development, LP P. O. Box 331308 Corpus Christi, TX 78463 �a 3 iq Vahid Mostaghasi„ General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this , day of 014, by Vahid Mostaghasi, General Partner, MPM Development, LP. ATE OF TEXAS My Comm Exp, Notary blic, State of Texas APPROVED: This day of , 2014 By: Renee Couture, P.E. Sanitary Sewer Connection Agreement King Estates Unit 4 Page 3 ECUTED original, this day of , 2014. DE OPERIOWNER: MPM De opment, LP P. O. Box 3 '08 Corpus Christi, 78463 Vahid Mostaghasi, General ner STATE OF TEXAS § `� s® COUNTY OF NUECES § v� This instrument was acknowledged before me on is , day of 2014, by Vahid Mostag si, General Partner, MPM Development, LP. Notary Public, State of Te s APPROVED: This day of �' , 2014 By. R nee Couture, P.E. D elopment Services Engineer APPROVED as to form: t By: J an Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement King Estates Unit 4 Page 4 lid , 1 R 144 4P r 5 5 S"I Oil! FIN 0 POP di N sow I6 f15 6 a, I NI s IN 0 M1 b t IN, Is `'',i ul bg tt!T,� brE �zl !is ia dUgyNGV 94, Q .... ...... \� , � 7 1114111 ki k, z" 14z x pl�r IN 5�N� 5:51Z J III;, Oil.) 6", 6 a 0 1 -n—........... ]hit 2 04: Z t,J r1l) q a INS E �ol 0 dWd P. <Piz I—. ..........t a. IN............. 41, z M "PT Se A I 11: ............ d vh "W'Wind --&LQ .......... 0 . ........ CIL "D --si L AM,Nat t k; ........... `U�216................... J lz.,ra IM I X I I " ii p '01 u Anvao. a! 110711, W, I lk IN v: .......... 4 A t M t am 3�" ;-sC V Z,;= 1 p9 ........... s 11. N11 W x'M 0.1 M.,93�XJII. pYVU 110131 3 M.00.0i!M iiih ......................................................................................................................... EXHIBIT 1 KAIDEVELOPMENTSVC9SPECIAL SERVICE 9APPLICATIONS FOR LAND SUBDIVIISIOMKING ESTATESIdl LAND DEVELOPMEN112-UNIT417-EXEMPTION'LSA NIT ARY SEWER CONNECT ION.DOC d AGENDA MEMORANDUM MaaP© a EO Public Hearing and First Reading for the City Council Meeting of February 25, 2014 s�2 Second Reading for the City Council Meeting of March 18, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager THROUGH: Mark Van Vleck, P.E., Interim ACM for Public Works and Utilities markvv @cctexas.com (361) 826-3189 FROM: Daniel Biles, P.E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Ordinance Renaming of Bufferhead Drive to Bufflehead Drive and waiving the fees requirement under Street Renaming Process CAPTION: Ordinance changing the name of Bufferhead Drive to Bufflehead Drive between Eider Drive and Goldeneye Drive PURPOSE: In 1973, the Club Estates Unit 1 Subdivision was platted. Street names were named after ducks, with one exception, Bufferhead. The proper duck name is Bufflehead. BACKGROUND AND FINDINGS: The City has approved the request for the street renaming of Bufferhead Drive to Bufflehead Drive. Research conducted by City Traffic Engineer showed that this street was erroneously platted by the developer as Bufferhead Drive in lieu of Bufflehead Drive. The City Ordinance governing this process provides that all affected property owners be contacted to determine whether they support or oppose the street renaming. The survey results showed that 75% or more of the total property owners responded in support of the proposal. ALTERNATIVES: 1. Approve Renaming of street name. (recommended) 2. Do not approve Renaming of street name. (not recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item follows city procedures for naming, renaming or changing names of streets as stated in Section 49-1. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑Capital X Not applicable 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): Comments: None RECOMMENDATION: The City Traffic Engineer recommends City Council conduct a public hearing to determine whether adoption of the ordinance is warranted. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance Ordinance changing the name of Bufferhead Drive to Bufflehead Drive between Eider Drive and Goldeneye Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the name of Bufferhead Drive, between Eider Drive and Goldeneye Drive, be changed to Buff lehead Drive. SECTION 2. That the City Traffic Engineer is hereby authorized and directed to cause to be removed any street signs or markers which are erroneous after the passage of this ordinance and to erect new street signs or markers at appropriate places designating the correct name of the above street. SECTION 3. That the fees associated with the City's Street Renaming Process outlined in Exhibit "A" are waived, including the Research Fee (Step 5), Processing Fee (Step 5), and Fabrication and Installation Cost of Street Name Sign Assemblies (Step 12). ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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: Rebecca Huerta Nelda Martinez City Secretary Mayor STREET RENAMING PROCESS ELIGIBLE APPLICANTS: Persons who reside on or own property that have a street address on any street, road or highway within the city. INITIAL UQiLEST, 1. Applicants must submit an initial written request to the City Secretary containing an accurate description of the street, road, or highway or portion thereof, and the name or names involved, so as to identify the location and a narrative explaining the background and intended justification for the proposed street renaming. 2. The City Secretary and City Traffic Engineer will jointly verify whether the request complies with the city council policy for proposed street name changes. Cily�Olic : a. The City Council declines to rename streets in Corpus Christi except to serve a recognized purpose of local, regional, statewide or national significance. b. In any case, the City Council declines to rename any street: 1. that is currently"named" functional classified arterial through street as listed in the Code of Ordinances, section 53-250; 2. for a person not deceased; 3. that would create disruption or discontinuity to the name of a longer section street; or 4. that is reflected on the 1852 Plan of Corpus Christi, or a street name that has existed within the original boundary of the 1852 Plan of Corpus Christi for a period of greater than 50 years. c. Not included in sections a or b of the policy is any proposed renaming of a street initiated by the City Traffic Engineer for the purposes of street network clarification or any proposal to provide a formal name to a street which has only a State highway or County Road numerical classification(e.g. F.M. xxx or CR. xx). 3. If the City Secretary and City Traffic Engineer determine that the request does not comply with city policy,the City Secretary shall notify the City Council. Unless otherwise directed by a majority of the council by the end of the next council meeting after notification,the City Secretary will notify the applicant of the denial and the reasons for denial. 4. If the determination of the City Secretary and City Traffic Engineer is that the request does comply with city policy, the City Secretary shall notify the applicant to submit an Official Application in writing, directed to the City Council. OFFICIAL APPLICATION: 5. The Official Application shall be on a form supplied by the City Secretary, shall contain all information requested and must be accompanied by a five hundred dollar($500.00) Research Fee. The Research Fee will be for preparation of a detailed site map, identification of affected property owners, tenants, and their mailing address, preparation of a survey form, and identification of a Processing Fee. The Processina Fee shall be for cost of mailing survey forms to affected property owners,staff costs for compiling responses to survey,cost of publishing a notice of a public hearing by the city council, and cost for mailing wri tten notice to all affected property owners and tenants on the affected street. 6. City Traffic Engineer shall provide written notice to applicant of amount of Processing Fee and applicant shall deposit that sum within ten(10)working days of receipt of such notice with the City Secretary. 7. Within ten(10)working days of receipt of the Processing Fee,the Traffic Engineer will mail the survey to the affected property owners. Property owners will have fifteen (15) working days to respond to the survey. The City Traffic Engineer will at that time determine the number of property owners in support of the street name change. Property owners not responding will be classified as not supporting the street name change. 8. Within twenty(20) days the applicant will be notified of the survey results. If less than seventy- five (75) percent of the property owners support the proposed street name change, the request will be denied. 9. If more than seventy-five (75) percent of the property owners support the proposed street name change,the City Traffic Engineer shall in writing request comments in writing from the Director of Engineering Services, City Utilities Office Manager, Director of Planning, City Landmark Commission,Police Chief,Nueces County Historical Society,Fire Chief,Nueces County Historical Commission and the Postmaster. 10. A Public Hearing by the City Council on the street name change will be set, published in the newspaper, and notices mailed to all affected property owners and tenants. 11. After the Public Hearing is held, the City Council will approve or disapprove the applicant request. At least three-fourths(314) majority vote of the City Council shall be required to approve the request. 12. If approved, the City's cost for fabrication and installation of street name sign assemblies (inclusive of material costs) will be paid by the applicant. 13. If denied, neither the Rese rch Fee or Processing Fee will be refunded to the applicant. N Q SCALE: N.T.S. 0- MIDDLECOFF RD p EIDER DR � O� P rr = Lu �QC� r LL' u- STREET RENAMING w m LOCATION GOLDENEYE DR 0 J H Z d SNOWGOOSE DR SUBJECT: STREET RENAMING - LOCATION MAP - BUFFERHEAD DRIVE TO BUFFLEHEAD DRIVE Traffic Engineering Div. Engineering Services Dept. coRpo 185 Corpus Chr Engineering STREET RENAMING Bufferhead Drive to Bufflehead Drive City Council Presentation February 25, 2014 PROJECT SCOPE Corpus Chr'sti Engineering • Current Street Name - Bufferhead Drive • Proposed Street Renaming - Bufflehead Drive • Limits of Street Renaming - One block between Eider Drive and Goldeneye Drive LOCATION Corpus Chr'sti Engineering IMXIEC lFF RD EDEi uN 1 N s[i.E u.rs. 5aty rsaEVF DR NOw1300SE DR 3 BUFFLEHEAD DUCK Corpus Chr sty Engineering 4 d AGENDA MEMORANDUM oaPOwR k Future Item for the City Council Meeting of February 18, 2014 1852 Action Item for the City Council Meeting of February 25, 2014 DATE: February 6, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P.E., Interim Assistant City Manager for Public Works and Utilities MarkVV @cctexas.com (361) 826-3189 FROM: Gustavo Gonzalez, P.E., Executive Director, Utilities GustavoGo@cctexas.com (361) 826-1874 Daniel Biles, P.E., Executive Director, Public Works DanB @cctexas.com (361) 826-3729 Engineering Contracts Mary Rhodes Pipeline Phase 2 Pipeline Sections A, B, and C and Pump Stations/Sedimentation Basin CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Garney Companies, Inc. of Kansas City, Missouri in the amount of $84,121,405, for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for the base bid and the fiber optic additive alternate for all pipeline sections; and to execute a construction contract with Oscar Renda Contracting of Roanoke, Texas in the amount of $29,167,288, for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for the base bid; and to execute Amendment No. 10 to the contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $3,965,785, for a total restated fee not to exceed $15,301,288 for Mary Rhodes Pipeline Phase 2 for construction management and construction observation services; and to execute a contract with ALCM, Inc. of Corpus Christi, Texas in the amount of$1,679,942, for Mary Rhodes Pipeline Phase 2 for construction observation services. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contracts and construction management/construction observation contracts for Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: Construction Contract for Pipeline Sections A, B, and C Pipeline Section A will include construction of approximately 73,000 linear feet of 54-inch pipeline. Also included is approximately 1900 linear feet of horizontal directionally drilled 48-inch pipeline. Pipeline Section B will include approximately 75,000 linear feet of 54-inch pipeline. Pipeline Section C will include approximately 67,000 linear feet of 54-inch pipeline. Also included is approximately 1700 linear feet of horizontal directionally drilled 48-inch pipeline, a 6 million gallon ground storage tank and tie-in to an existing pipeline. There is also a fiber optic additive alternate for each pipeline section. On December 11, 2013, the City received proposals from four (4) bidders and their respective bids are as follows: Base Bid Base Bid Fiber Optic Total Combined Combined Additive Combined Contractor A, B, and C A, Band C Alternate for A, B, and C (Steel Pipe) (Bar-Wrapped Sections (Bar-Wrapped Concrete Pipe) A, B, and C Concrete Pipe) and Fiber Optic Garvey Companies, Inc. $84,894,539.00 $82,346,659.00 $1,774,746.00 $84,121,405.00 Kansas City, MO Texas Sterling Construction Co. $98,136,983.70 $83,446,599.70 $3,412,174.00 $86,858,773.70 Houston, TX Layne Heavy Civil, Inc. $54,930,902.00 $53,266,376.00 $1,278,725.00 Fairburn, GA (Provided A&B only) (Provided A&B only) (Provided A&B only) BAR Constructors, Inc. $56,578,133.50 $58,084,077.50 $1,269,326.00 Lancaster, TX (Provided A&B only) (Provided A&B only) (Provided A&B only) The City's Consultant Engineer, Freese and Nichols, Inc., conducted a bid analysis of the four (4) proposals submitted to the City. The lowest bidder, based on the total base bid and the fiber optic additive alternate for all pipeline sections is Garney Companies, Inc. of Kansas City, Missouri. Based on the information submitted by the contractor, Garney Companies, Inc. has the experience and resources to complete the project. The Opinion of Probable Construction Cost provided by the Consultant Engineer is $100,078,000 for the bar-wrapped concrete steel cylinder pipe material and includes a ten- percent contingency. Construction Contract for Pump Stations/Sedimentation Basin The construction includes: • two earthen sedimentation basins with capacities of approximately 12 million gallons each; • low-pressure River Pump Station (RPS) capable of transferring 46 million gallons per day to the sedimentation basins. The intakes for the River Pump Station will be micro tunneled river intakes with screens placed in the Colorado River; and • high-pressure Booster Pump Station (BPS) capable of transferring 46 million gallons per day to the existing Mary Rhodes water transmission system. On December 11, 2013, the City received proposals from two (2) bidders and their respective bids are as follows: Contractor Base Bid Oscar Renda Contracting $29,167,288 Roanoke, TX Layne Heavy Civil, Inc. $35,996,341 Dallas, TX The City's Consultant Engineer, Freese and Nichols, Inc., conducted a bid analysis of the two (2) proposals submitted to the City. The lowest bidder, based on the total base bid is Oscar Renda Contracting of Roanoke, Texas. Based on the information submitted by the contractor, Oscar Renda Contracting has the experience and resources to complete the project. The Opinion of Probable Construction Cost provided by the Consultant Engineer is $30,983,000. This estimate includes ten-percent contingency and five-percent mobilization. Construction Management and Construction Observation Services Freese and Nichols, Inc. will perform construction management services for the project and construction observation services for Pump Stations and Sedimentation Basin for 16 months and Pipeline Section C for 14 months. The construction observation services of Pump Stations and Sedimentation Basin include daily inspection for construction of: a. Two earthen sedimentation basins with capacities of approximately 12 million gallons each, b. Low-pressure River Pump Station (RPS) capable of transferring 46 million gallons per day to the sedimentation basins. The intakes for the River Pump Station will be micro tunneled river intakes with screens placed in the Colorado River, and C. High-pressure Booster Pump Station (BPS) capable of transferring 46 million gallons of water per day to the existing Mary Rhodes water transmission system. The construction observation services of Pipeline Section C include: a. Approximately 67,000 linear feet of 54" pipeline, b. Approximately 1700 linear feet of horizontal directionally drilled 48" pipeline, and C. A 6 million gallon ground storage tank and tie-in to an existing pipeline. Construction Observation Services ALCM, Inc. will perform construction observation services for construction of Pipeline Sections A and B for 16 months. Pipeline Section A will include construction of approximately 73,000 linear feet of 54" pipeline and approximately 1,900 linear feet of horizontal directionally drilled 48" pipeline. Pipeline Section B will include approximately 75,000 feet of 54" pipeline. ALTERNATIVES: 1. Authorize the execution of the contracts. 2. Do not authorize the execution of the contracts. (Not Recommended) OTHER CONSIDERATIONS: On December 10, 2013, the City Council approved the pre-purchase of pumps and motors for Mary Rhodes Phase 2 from Smith Pump Company, Inc. of Austin, Texas, for a total amount of $4,554,446.20. The City will pay for five-percent of the pump and motors' pre-purchase price and the contractor will pay for the remaining 95-percent, which is the amount included in the bid amount. CONFORMITY TO CITY POLICY: Conforms to City fiscal policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Ca ital ❑ Not applica ble Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $11,694,978 $53,013,025 $96,240,000 $160,948,003 Encumbered / Expended Amount $11,694,978 $1,450,000 $13,144,978 This Item (Carney Companies, Inc.) $28,040,468 $56,080,937 84,121,405 This Item (Oscar Renda Contracting) $9,722,429 $19,444,859 $29,167,288 This Item (Freese and Nichols, Inc.) $1,321,928 $2,643,857 $3,965,785 This Item (ALCM, Inc.) $559,980 1,119,962 $1,679,942 Future Anticipated Expenditures This Project $11,918,220 $15,955,829 $27,874,049 BALANCE $0 $0 $994,556 $994,556 Fund(s): Water CIP #7 Comments: The construction contract for pipeline sections A, B, and C is 425 calendar days with anticipated completion April 2015. The construction contract will result in the expenditure of an amount not to exceed $84,121,405. A portion of this contract, $28,040,468, will be funded this FY 2013-2014 with the remaining amount, $56,080,937, to be funded in FY 2014-2015. The construction contract for the pump stations/sedimentation basin is 473 calendar days with anticipated completion June 2015. The construction contract will result in the expenditure of an amount not to exceed $29,167,288. A portion of this contract, $9,722,429, will be funded this FY 2013-2014 with the remaining amount, $19,444,859, to be funded in FY 2014-2015. The contract for construction management and construction observation services will result in the expenditure of an amount not to exceed $3,965,785. A portion of this contract, $1,321,928, will be funded this FY 2013-2014 with the remaining amount, $2,643,857, to be funded in FY 2014-2015. The contract for construction observation services will result in the expenditure of an amount not to exceed $1,679,942. A portion of this contract, $559,980, will be funded this FY 2013-2014 with the remaining amount, $1,119,962, to be funded in FY 2014-2015. RECOMMENDATION: City staff recommends the construction contracts be awarded to Garney Companies, Inc. of Kansas City, Missouri, in the amount of $84,121,405; and to Oscar Renda Contracting of Roanoke, Texas in the amount of $29,167,288; and approval of the amended contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $3,965,785, for a total restated fee not to exceed $15,301,288 for Mary Rhodes Pipeline Phase 2 for construction management and construction observation services; and approval of the contract with ALCM, Inc. of Corpus Christi, Texas in the amount of $1,679,942, for Mary Rhodes Pipeline Phase 2 for construction observation services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contracts Presentation PROJECT BUDGET Mary Rhodes Pipeline Phase 2 FUND SOURCE: Texas Water Development Board Loan.................................................................... $7,964,079 Water Revenue Bonds.......................................................................................... $4,462,897 Future Funding Required....................................................................................... $148,521,027 PROJECT TOTAL................................................................................................ $160,948,003 FUNDS REQUIRED: 100% Construction for Pipeline Sections A, B, and C (Carney Companies, Inc.)................ $84,121,405 100% Construction for Pump Stations/Sedimentation Basin (Oscar Renda Contracting)..... $29,167,288 Construction Contingency (10%)............................................................................. $11,328,869 Pump Station Pumps and Motors (Smith Pump Company, Inc.)(5% remaining cost)*......... $227,722 Engineer Design (Freese and Nichols, Inc.)**............................................................ $11,335,503 Legal Services & Future Misc Project Costs (Bruce Hawn, Welder Leshin, LLP)***............ $10,812,500 AEP Transmission Line Relocation****...................................................................... $1,500,000 Construction Management/Observation Services (Freese and Nichols, Inc.)................... $3,965,785 Construction Observation Services (ALCM, Inc.)........................................................ $1,679,942 REIMBURSEMENTS: Contract Administration (Contract Preparation/Award/Admin)........................................ $849,665 Engineering Services (Project Mgt/Constr Mgt).......................................................... $1,416,108 City Construction Observation Services.................................................................... $3,398,660 Misc. (Printing, Advertising, etc.)............................................................................. $150,000 TOTAL............................................................................................................... $159,953,447 PROJECT BUDGET BALANCE............................................................................. $994,556 * Purchase approved by City Council on December 10, 2013 by Motion No. 2013-179 **Original Design Contract awarded October 28, 2003 by Motion No. M2003-394 **Amendment No. 1 awarded October 19, 2004 by Motion No. M2004-387 **Amendment No. 2 awarded December 18, 2007 by Motion No. M2007-334 **Amendment No. 4 awarded March 9, 2010 by Motion No. 2010-051 **Amendment No. 9 awarded July 30, 2013 by Motion No. M2013-125 ***Legal Services Agreement awarded July 12, 2011 by Motion No. M2011-164 ****Agreement awarded December 17, 2013 by Motion No. M2013-195 K:�ENGI ERRING DATAEXCH ANGEAJORGEC2UO RGECIEX HIBITSIEXHE1tbOOBkEXHE100 8 „//, Al i K% r%O WI g r%/ rrr, a, x r Ar A/l dd rrrrar / i �iai 'NS k XN / '� ,r//� PROJECT P � !C e �C�V TtCPIW I as / r rrr� a ro / / i , ' %ii rai /rr 13 r %% r i „r r ri/iii ar r ro/ r rir � ria/r � r /i / y, ri i Na 31, ./ / /� /� �� i' /alai r�ri�/%%/i//i // ME 'r /r -LOCATIONMAP - NOT PROJECT#E1'0008' MARY CITY COUNCIL EXHIBIT RHODES PIPELINE CITY OF CORPUS CHRISTI, TEXAS WSSE 2 DEPARTMENT OF ENGINEERING SERVICES A400 1 of I i AMENDMENT NO. 10 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. 8424), as authorized and amended by: Original 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 July 30, 2013 Motion No. 2013-125 $195,664.00 Amendment No. 10 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 B. Additional Services, shall be modified to include Construction Management and Construction Observation Services as specified in Amendment No. 10 Exhibit "A". Exhibit "A", Section 2. Schedule, shall be modified as specified in the attached Amendment No. 10 Exhibit "A", Schedule. Exhibit "A", Section 3. Fees, shall be modified as specified in Amendment No. 10 Exhibit "A" for a revised fee not to exceed $3,965,785.00 (Three Million Nine Hundred Sixty-Five Thousand Seven Hundred Eighty-Five Dollars and Zero Cents), for a total restated fee not to exceed $15,301,288.00 (Fifteen Million Three Hundred One Thousand Two Hundred Eighty-Eight Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". Exhibit "A-1", Task List, shall be modified as specified in Amendment No. 10 Exhibit "A-1". Exhibit "A-21, includes a construction management overview and team roles. All other terms and conditions of the October 28, 2003 contract and amendments between the City and Freese and Nichols, Inc. will remain in full force and effect. AMEND. NO. 10 Page 1 of 2 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E10008 MARY RHODES PIPELINE,PHASE 2\AMENDMENT NO.10\CONTRACT\CONTRACT.DOCX CITY OF CORPUS CHRISTI FREESE ND NICHOLS, INC. Z- 2 - 1 . 14 Mark Van Vleck, P.E., (Date) Ron GAman', P.E., (Date) Interim Assistant City Manager Principal for Public Works & Utilities, 800 North Shoreline Blvd., Suite 160ON Corpus Christi, TX 78401 (361) 561-6500 Office RECOMMENDED (361) 561-6501 Fax 2 Z 4a�" Daniel Biles, P.E., (Date) Exec, tive DiCectpr of Public Works Z -J) Operalirig b—epa I rdek (Date) APPROVED Office of Management and Budget (Date) ATTEST City Secretary UrITSFIED Project No: E1000 Fund Source No: 550950-4095-00000-E10008 Fund Name: Water 2014 CIF' Encumbrance No: AMEND. NO. 10 Page 2 of 2 KIENGNEERING DATAEXCHANGE%JENNIFER4WATER E10008 MARY RHODES PWELINE,PHASE 2.�AMENDMENT NO.1MCONTRAC11CONTRAC1 DOCX EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Mary Rhodes Pipeline, Phase 2 (City Project No. E10008) I. SCOPE OF SERVICES A. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 12. Construction Observation Services. Construction Management Freese and Nichols (CM Team) will provide Construction Management (CM) services to the City of Corpus Christi (OWNER) for its Mary Rhodes Pipeline, Phase 2 Project. The project will be constructed utilizing two separate construction contracts: • River Pump Station, Booster Pump Station and Sedimentation Basin Construction Contract (16 months) • It is anticipated that the Contractor will self-perform the majority of the pump station construction work, but will subcontract the earthwork and soil cement at the sedimentation basins. • It is anticipated that the normal work schedule will be 10-12 hours per day (sun up to sundown), 6 days per week. This will vary somewhat, particularly at the beginning of the project and depending upon weather conditions. • Pipeline Section A, Pipeline Section B, Pipeline Section C/Ground Storage Tank/Lake Texas Tie-in Piping Construction Contract (14 months) • It is anticipated that the Contractor will self-perform the installation of Section C of the pipeline with one crew, and installation of all of the system tie-in piping with a separate crew; but will subcontract Section A of the pipeline to one subcontractor, Section B to a second subcontractor, and the ground storage tank to a third subcontractor. • It is anticipated that the normal work schedule will be approximately 12 hours per day (sun up to sundown), 6 days per week. During the summer months, the schedule might be expanded to be 13-14 hours per day. This will vary somewhat, particularly at the beginning of the project and depending upon weather conditions. CM services (including cost for labor, Subconsultant, and direct non-labor expenses) will be provided as follows: AMEND. NO. 10 EXHIBIT "A" Page 1 of 14 Revised November 13,2012 • Construction Management and Contract Administration of all construction required by both construction contracts (16 month total construction duration) • Construction Materials Quality Assurance Testing (soil densities, concrete cylinders, pipe joint welding, pipe coating, pipe corrosion protection) • On-Site representation providing continuous monitoring of construction activities separate from regular site visits made by the Design Team • On-Site representation on River Pump Station, Booster Pump Station and Sedimentation Basin Construction Contract (16 month total construction duration) • One full time representative on-site for 16 months at 50 hours per week for Month 1, 60 hours per week for Months 2-14, and 50 hours per week for Months 15-16 (FNI employee) • One full time representative on-site for 15 months at 50 hours per week for Months 1-2, 60 hours per week for Months 3-14, and 50 hours per week for Month 15 (FNI employee) • One full time clerk on-site for 14 months at 40 hours per week (subconsultant RH Shackelford) • On-Site representation on Pipeline Section A, Pipeline Section B, Pipeline Section C/Ground Storage Tank/Tie-in Piping Construction Contract (14 month total construction duration) • Pipeline Section A— Full time representation provided by other consultant (AGCM) under separate contract with Owner(Not in Freese and Nichols Scope) • Pipeline Section B— Full time representation provided by other consultant (AGCM) under separate contract with Owner(Not in Freese and Nichols Scope) • Pipeline Section C — One full time representative on-site for 12 months at 50 hours per week for Months 1-2, 60 hours per week for Months 2-10, and 50 hours perweek for Months 11-12 (subconsultant RH Shackelford) • Ground Storage Tank/Tie-in Piping — One full time representative on-site for 14 months at 50 hours per week for Months 1-2, 60 hours per week for Months 3-13, and 50 hours per week for Month 14 (FNI employee) • Overall Pipeline Inspection Coordination/Additional Inspection — One representative on-site 3 weeks per month for 14 months at 55 hours per week (FNI employee) • Expenses • Fee includes project related sub-contract expenses for subconsultant services associated with the CM Services listed above. • Fee includes project related direct non-labor expenses associated with the CM Services listed above. CM Services expenses include lodging and travel costs; communication costs (cell phones, delivery charges, postage, etc.); and other miscellaneous direct costs required to provide the listed CM Services. CM Team tasks will be performed in conjunction with the requirements of the construction contract documents and are generally outlined below. These tasks will be performed to provide more extensive representation at the Project site during the construction phase than the tasks listed under Item 1.A.5 Construction Phase in the Scope of Services included with Amendment No. 4 dated March 16, 2010. The tasks listed in this scope do not conflict or overlap with those listed in Amendment No. 4. Rather, the CM Team will perform these tasks with support from the Design Team where applicable. AMEND. NO. 10 EXHIBIT"A" Page 2 of 14 Revised November 13,2012 1. CONSTRUCTION MANAGEMENT (CM) TEAM MANAGEMENT - Coordinate and manage entire CM Team providing CM services including all Freese and Nichols staff on-site, Freese and Nichols subconsultant staff including on-site inspection and construction materials testing personnel, AGCM staff on-site, and any OWNER inspection staff assigned to the project. Note that AGCM will have a separate contract with OWNER for on-site observation services related to Pipeline Section A and Pipeline Section B, and will not be included as a subconsultant to Freese and Nichols. 2. COMMUNICATION a. Establish communication procedures and protocol with the OWNER, Contractors, Design Team, and CM Team. Submit monthly reports, with Design Team input as needed, of construction progress to OWNER. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule, pending and approved contract modifications, change order status, and major outstanding issues. b. Conduct pre-construction conferences with the OWNER and Contractors. Prepare detailed agendas (including recommended items from the Design Team related to critical construction activities and elements impacting the project), and minutes related to these meetings. c. Conduct bi-weekly construction progress meetings with OWNER, Contractors, and CM Team to exchange information regarding progress of construction, status of submittals, status of modifications, and to address any project related issues. Prepare agenda and minutes related to these meetings. d. Conduct monthly project meetings with OWNER, Contractors, and CM Team to provide overview of progress of construction and to discuss any major project issues. Intent of this meeting is for additional City personnel various departments to attend as desired without having to be involved in the bi-weekly meetings where specific project details are discussed. 3. SCHEDULE MANAGEMENT - Review baseline and monthly construction progress schedules prepared by the Contractors. Monitor progress of actual work completed relative to planned progress and address any identified schedule slippage or other anomalies with Contractors. 4. COST MANAGEMENT - Review proposed schedule of values and payment request format prepared by Contractors. Coordinate with OWNER and Contractors to establish a basis and procedure for review of monthly quantities of work in place and payment requests. Based on CM Team's observations of ongoing construction during visits to the site, review the payment requests and supporting documentation submitted by Contractors, determine the amount that CM Team recommends Contractors be paid on monthly and final payment requests. Prepare a proposed estimate of monthly cash flow requirements of the Project from information provided by the Contractors. Update monthly and include with monthly reports submitted to OWNER. AMEND. NO. 10 EXHIBIT"A" Page 3 of 14 Revised November 13,2012 5. DOCUMENT MANAGEMENT - Establish and maintain an electronic project management information system (PMIS) for use by OWNER, Contractors, Design Team, and CM Team. Manage the processing of Contractors submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Receive Contractor submittals including requests for information, modification requests, shop drawings, schedules, field and laboratory tests, O&M Manuals and other submittals. CM Team will perform initial, cursory or detailed reviews of submittals when appropriate, and will transmit submittals to Design Team and/or OWNER for the detailed review and response confirming conformance of the submittals to the contract documents. Monitor the progress of the Contractors in sending and processing submittals and of the Design Team in reviewing and responding to submittals, to verify that documentation is being processed in accordance with schedules. 6. QUALITY ASSURANCE a. Observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the construction contract documents. In this effort the CM Team will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors, and will prepare Daily Construction Reports to be submitted to OWNER documenting observations made including any observed deficiencies. b. Notify the Contractor of non-conforming work observed by CM Team or by Design Team during site visits. Review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. c. Coordinate the work of materials testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc., for quality control of the Project. The cost of on-site materials quality assurance testing is included in this scope, but other specified quality control functions are the responsibility of the Contractors and are not included in this scope. 7. ISSUES MANAGEMENT - Provide initial interpretation of the drawings and specifications and coordinate with Design Team to develop official interpretation for OWNER and Contractors. 8. CHANGE MANAGEMENT a. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the Contractors on behalf of the OWNER to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER or time is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations AMEND. NO. 10 EXHIBIT"A" Page 4 of 14 Revised November 13 2012 from the construction contract documents requested by the Contractors and approved by the OWNER are not included in this scope. b. Prepare documentation for contract modifications required to implement modifications in the design of the project. Coordinate with Design Team for technical review and approval of any design modifications, and preparation of all technical design modifications including having the Engineer of Record seal affixed. Receive and evaluate notices of Contractor claims and make recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the Contractors or available in project documentation. Endeavor to negotiate a settlement value with the Contractors on behalf of the OWNER if appropriate. 9. MATERIAL TRANSFER - Manage and coordinate the transfer of and acceptance by the Contractors of any OWNER furnished equipment or materials. 10. FACILITY START-UP — Manage and coordinate facility start-up activities. 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. Receive and review commissioning and start-up plans from Contractors. Coordinate with OWNER, Design Team personnel, and Contractors to facilitate proper scheduling of these activities. Monitor the provision of O&M manuals and OWNER training for conformance to the contract documents. 11. QUALITY MANAGEMENT a. When Contractors request that substantial completion be granted for the Projects (or applicable portions thereof), CM Team will conduct, in company with OWNER's representative and Design Team representatives as appropriate, a review of the Projects for conformance with the design concept of the Projects and general compliance with the construction contract documents. Coordinate with Design Team as appropriate regarding any reviews of the work by it that are deemed necessary. Prepare a list of deficiencies to be corrected by the Contractors before recommendation of substantial completion is granted and/or any partial release or reduction of retainage is made. Prepare certificate of substantial completion with a list of items of work to be completed by Contractors prior to final completion. b. Conduct, in company with OWNER's representative and Design Team representatives as appropriate, a final review of the Projects for conformance with the design concept of the Projects and general compliance with the construction contract documents. Coordinate with Design Team as appropriate regarding any reviews of the work by it that are deemed necessary. Prepare a list of deficiencies to be corrected by the Contractors before recommendation of final payment. Assist the OWNER in obtaining legal releases, permits, warranties, spare parts, O&M manuals, as-built drawings, and keys from the Contractors. Review submittals and other documents, and make recommendation for final payment to Contractors when appropriate. AMEND. NO. 10 EXHIBIT"A" Page 5 of 14 Revised November 13,2012 12. RECORD MANAGEMENT— Receive and review as-built drawings from Contractors. Transmit drawings and other documents as needed to Design Team for preparation of"Record Drawings", indicating locations of project elements and final built conditions of project components. Drawings prepared by incorporating CM Team field notes, Contractor field notes and OWNER field notes taken at the project during the construction process. CM Team will endeavor to protect OWNER in providing this scope of services. However, it is understood that CM Team does not guarantee the Contractor's performance, nor is CM Team responsible for supervision of the Contractors' operations and employees. The CM Team shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractors, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractors or any Subcontractor. The CM Team shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project sites or otherwise performing any of the work on the Projects. 13. WARRANTY MANAGEMENT— Receive and review all warranty documentation from Contractors, and review for conformance with the contract documents. Develop a warranty period protocol with OWNER and Contractors to address items of work that are discovered to need corrective action during this period. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Prepare a report documenting observations during this inspection and make recommendations to OWNER regarding corrective actions. Communicate corrective work requirements to Contractors, and coordinate correction work schedule with OWNER and Contractors. Perform inspection of corrective work to verify conformance to the contract documents. Additional Services 1. Construction Management services beyond the project duration identified in this scope. 2. Management and review of excessive re-submittals or submittals for substitutions and other deviations from the construction contract documents proposed by the Contractors will be addressed as follows: a. CM Team will track and document all staff time spent in shop drawing or submittal review past the second submission of shop drawing or project submittals by the Contractors, allowing OWNER to invoice the Contractors for additional shop drawing or submittal review time spent by CM Team. This effort will be noted as an offsets and be deducted from Contractor payment requests per the General Conditions of the Contract Documents. b. CM Team will track and document all staff time spent in shop drawing or submittal review related to substitutions proposed by Contractors for use of systems or products not specified, allowing OWNER to invoice the Contractor for shop drawing or submittal review time spent by CM Team. This effort will AMEND. NO. 10 EXHIBIT"A" Page 6 of 14 Revised November 13,2012 be noted as an offsets and be deducted from Contractor payment requests per the General Conditions of the Contract Documents. 3. Investigations, analyses, and studies requested by the Contractors and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications. (See Additional Services Item 1) 4. Substitutions of materials or equipment or design modifications requested by the OWNER. 5. Review and/or evaluation of contractor claim(s), supported by causes not within the control of CM Team. 6. Any miscellaneous services or other assistance to the Owner not specifically identified in this scope. II. SCHEDULE Freese and Nichols will provide Construction Management Services to the City of Corpus Christi for its Mary Rhodes Pipeline, Phase 2 Project for duration of 70 weeks from the date Contractors are issued Notices to Proceed (NTP) which is anticipated to be in March 2014. This schedule for Construction Management Services is based on the following the project schedules: • River Pump Station, Booster Pump Station and Sedimentation Basin Construction Contract 0 413 calendars days from NTP to Substantial Completion 0 60 calendar days from Substantial Completion to Final Completion • Pipeline Section A, Pipeline Section B, Pipeline Section C/Ground Storage Tank/Lake Texas Tie-in Piping 0 365 calendar days from NTP to Substantial Completion 0 60 calendar days from Substantial Completion to Final Completion 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". III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. AMEND. NO. 10 EXHIBIT"A" Page 7 of 14 Revised November 13,2012 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 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.AA 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 2.B 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 AMEND. NO. 10 EXHIBIT"A" Page 8 of 14 Revised November 13,2012 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 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.B —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.4.13 —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 TWDB re: Regional Water Planning 2 meetin s Austin $ 1,437 2A.4.F —Regional Water Planning Group Coordination (1 meeting Austin, 1 meeting Cor us 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 2A.4.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 AMEND. NO. 10 EXHIBIT"A" Page 9 of 14 Revised November 13,2012 Meeting 2 $ Plan $ 501 Schedule $ 471 Prepare for Meeting $ 3,745 Attend Meeting (Austin) $ 2,376 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.B —Prepare Amendment to TPWD/LNRA Inflow& Release Agreement $ - Develop Amendment Framework $ 3,815 Meet with LNRA and TPWD to develop amendment outline (1 mt 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 AMEND. NO. 10 EXHIBIT"A" Page 10 of 14 Revised November 13,2012 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.F —Task 5 Summary $ 15,227 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.B —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.F —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 AMEND. NO. 10 EXHIBIT"A" Page 11 of 14 Revised November 13,2012 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 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 $ 97,388 2A-0009 Project Management 2A.9.AOBC1 Task 9.A—Project Schedule $ 10,060 2A.9.BOBC2 Task 9.13—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 AMEND. NO. 10 EXHIBIT"A" Page 12 of 14 Revised November 13,2012 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 A— 14 O&M Services $ 150,590 A— 15 Warranty Phase $ TBD A— 16 Provide SCADA Documentation $ TBD Amendment No. 4 Fee $ 9,676,590 Amendment No. 5 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 Study Phase $ $49,822 Amendment No. 7 Fee $ $49,822 Total Fee $ 11,089,939 AMEND. NO. 10 EXHIBIT"A" Page 13 of 14 Revised November 13,2012 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 Meetings/Workshops $ 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 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 $ 11,335,503 Amendment No. 10 12 Construction Management Services $ 3,965,785 Amendment No. 10 Fee $ 3,965,785 Total Fee $15,301,288 AMEND. NO. 10 EXHIBIT"A" Page 14 of 14 Revised November 13 2012 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 MARY RHODES PIPELINE, PHASE 2 (Project No. E10008) Additional Services: 12. Construction Observation Services. Construction Management Freese and Nichols (CM Team) will provide Construction Management (CM) services to the City of Corpus Christi (OWNER) for its Mary Rhodes Pipeline, Phase 2 Project. The project will be constructed utilizing two separate construction contracts: • River Pump Station, Booster Pump Station and Sedimentation Basin Construction Contract (16 months) • It is anticipated that the Contractor will self-perform the majority of the pump station construction work, but will subcontract the earthwork and soil cement at the sedimentation basins. • It is anticipated that the normal work schedule will be 10-12 hours per day (sun up to sundown), 6 days per week. This will vary somewhat, particularly at the beginning of the project and depending upon weather conditions. • Pipeline Section A, Pipeline Section B, Pipeline Section C/Ground Storage Tank/Lake Texas Tie-in Piping Construction Contract (14 months) • It is anticipated that the Contractor will self-perform the installation of Section C of the pipeline with one crew, and installation of all of the system tie-in piping with a separate crew; but will subcontract Section A of the pipeline to one subcontractor, Section B to a second subcontractor, and the ground storage tank to a third subcontractor. • It is anticipated that the normal work schedule will be approximately 12 hours per day (sun up to sundown), 6 days per week. During the summer months, the schedule might be expanded to be 13-14 hours per day. This will vary somewhat, particularly at the beginning of the project and depending upon weather conditions. CM services (including cost for labor, Subconsultant, and direct non-labor expenses) will be provided as follows: • Construction Management and Contract Administration of all construction required by both construction contracts (16 month total construction duration) • Construction Materials Quality Assurance Testing (soil densities, concrete cylinders, pipe joint welding, pipe coating, pipe corrosion protection) AMEND. NO. 10 EXHIBIT "A-1" Page 1 of 8 Revised April 2010 L:\Resources\OLCR\C\Corpus Christi\COCC-Mary Rhodes-COR10165\Amendment#10\3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.doc • On-Site representation providing continuous monitoring of construction activities separate from regular site visits made by the Design Team • On-Site representation on River Pump Station, Booster Pump Station and Sedimentation Basin Construction Contract (16 month total construction duration) • One full time representative on-site for 16 months at 50 hours per week for Month 1, 60 hours per week for Months 2-14, and 50 hours per week for Months 15-16 (FNI employee) • One full time representative on-site for 15 months at 50 hours per week for Months 1-2, 60 hours per week for Months 3-14, and 50 hours per week for Month 15 (FNI employee) • One full time clerk on-site for 14 months at 40 hours per week (subconsultant RH Shackelford) • On-Site representation on Pipeline Section A, Pipeline Section B, Pipeline Section C/Ground Storage Tank/Tie-in Piping Construction Contract (14 month total construction duration) • Pipeline Section A— Full time representation provided by other consultant(AGCM) under separate contract with Owner(Not in Freese and Nichols Scope) • Pipeline Section B— Full time representation provided by other consultant(AGCM) under separate contract with Owner(Not in Freese and Nichols Scope) • Pipeline Section C — One full time representative on-site for 12 months at 50 hours per week for Months 1-2, 60 hours per week for Months 2-10, and 50 hours per week for Months 11- 12 (subconsultant RH Shackelford) • Ground Storage Tank/Tie-in Piping — One full time representative on-site for 14 months at 50 hours per week for Months 1-2, 60 hours per week for Months 3-13, and 50 hours per week for Month 14 (FNI employee) • Overall Pipeline Inspection Coordination/Additional Inspection — One representative on-site 3 weeks per month for 14 months at 55 hours per week (FNI employee) • Expenses • Fee includes project related sub-contract expenses for Subconsultant services associated with CM services listed above. • Fee includes project related direct non-labor expenses associated with the CM Services listed above. CM Services expenses include lodging and travel costs; communication costs (cell phones, delivery charges, postage, etc.); and other miscellaneous direct costs required to provide the listed CM Services. CM Team tasks will be performed in conjunction with the requirements of the construction contract documents and are generally outlined below. These tasks will be performed to provide more extensive representation at the Project site during the construction phase than the tasks listed under Item 1.A.5 Construction Phase in the Scope of Services included with Amendment No. 4 dated March 16, 2010. The tasks listed in this scope AMEND. NO. 10 EXHIBIT "A-1" Page 2 of 8 Revised April 2010 L:\Resources\OLCR\C\Corpus Christi\COCC-Mary Rhodes-COR10165\Amendment#10\3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.doc do not conflict or overlap with those listed in Amendment No. 4. Rather, the CM Team will perform these tasks with support from the Design Team where applicable. 1. CONSTRUCTION MANAGEMENT (CM) TEAM MANAGEMENT - Coordinate and manage entire CM Team providing CM services including all Freese and Nichols staff on-site, Freese and Nichols subconsultant staff including on-site inspection and construction materials testing personnel, AGCM staff on-site, and any OWNER inspection staff assigned to the project. Note that AGCM will have a separate contract with OWNER for on-site observation services related to Pipeline Section A and Pipeline Section B, and will not be included as a subconsultant to Freese and Nichols. 2. COMMUNICATION a. Establish communication procedures and protocol with the OWNER, Contractors, Design Team, and CM Team. Submit monthly reports, with Design Team input as needed, of construction progress to OWNER. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule, pending and approved contract modifications, change order status, and major outstanding issues. b. Conduct pre-construction conferences with the OWNER and Contractors. Prepare detailed agendas (including recommended items from the Design Team related to critical construction activities and elements impacting the project), and minutes related to these meetings. c. Conduct bi-weekly construction progress meetings with OWNER, Contractors, and CM Team to exchange information regarding progress of construction, status of submittals, status of modifications, and to address any project related issues. Prepare agenda and minutes related to these meetings. d. Conduct monthly project meetings with OWNER, Contractors, and CM Team to provide overview of progress of construction and to discuss any major project issues. Intent of this meeting is for additional City personnel various departments to attend as desired without having to be involved in the bi-weekly meetings where specific project details are discussed. 3. SCHEDULE MANAGEMENT - Review baseline and monthly construction progress schedules prepared by the Contractors. Monitor progress of actual work completed relative to planned progress and address any identified schedule slippage or other anomalies with Contractors. AMEND. NO. 10 EXHIBIT "A-1" Page 3 of 8 Revised April 2010 L:\Resources\OLCR\C\Corpus Christi\COCC-Mary Rhodes-COR10165\Amendment#10\3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.doc 4. COST MANAGEMENT - Review proposed schedule of values and payment request format prepared by Contractors. Coordinate with OWNER and Contractors to establish a basis and procedure for review of monthly quantities of work in place and payment requests. Based on CM Team's observations of ongoing construction during visits to the site, review the payment requests and supporting documentation submitted by Contractors, determine the amount that CM Team recommends Contractors be paid on monthly and final payment requests. Prepare a proposed estimate of monthly cash flow requirements of the Project from information provided by the Contractors. Update monthly and include with monthly reports submitted to OWNER. 5. DOCUMENT MANAGEMENT - Establish and maintain an electronic project management information system (PMIS) for use by OWNER, Contractors, Design Team, and CM Team. Manage the processing of Contractors submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Receive Contractor submittals including requests for information, modification requests, shop drawings, schedules, field and laboratory tests, O&M Manuals and other submittals. CM Team will perform initial, cursory or detailed reviews of submittals when appropriate, and will transmit submittals to Design Team and/or OWNER for the detailed review and response confirming conformance of the submittals to the contract documents. Monitor the progress of the Contractors in sending and processing submittals and of the Design Team in reviewing and responding to submittals, to verify that documentation is being processed in accordance with schedules. 6. QUALITY ASSURANCE a. Observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the construction contract documents. In this effort the CM Team will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors, and will prepare Daily Construction Reports to be submitted to OWNER documenting observations made including any observed deficiencies. b. Notify the Contractor of non-conforming work observed by CM Team or by Design Team during site visits. Review quality related documents provided by the Contractor such as test reports, equipment installation reports or other documentation required by the construction contract documents. c. Coordinate the work of materials testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc., for quality control of the Project. The cost of on-site materials quality AMEND. NO. 10 EXHIBIT "A-1" Page 4 of 8 Revised April 2010 L:\Resources\OLCR\C\Corpus Christi\COCC-Mary Rhodes-COR10165\Amendment#10\3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.doc assurance testing is included in this scope, but other specified quality control functions are the responsibility of the Contractors and are not included in this scope. 7. ISSUES MANAGEMENT - Provide initial interpretation of the drawings and specifications and coordinate with Design Team to develop official interpretation for OWNER and Contractors. 8. CHANGE MANAGEMENT a. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the Contractors on behalf of the OWNER to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER or time is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the Contractors and approved by the OWNER are not included in this scope. b. Prepare documentation for contract modifications required to implement modifications in the design of the project. Coordinate with Design Team for technical review and approval of any design modifications, and preparation of all technical design modifications including having the Engineer of Record seal affixed. Receive and evaluate notices of Contractor claims and make recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the Contractors or available in project documentation. Endeavor to negotiate a settlement value with the Contractors on behalf of the OWNER if appropriate. 9. MATERIAL TRANSFER - Manage and coordinate the transfer of and acceptance by the Contractors of any OWNER furnished equipment or materials. 10. FACILITY START-UP — Manage and coordinate facility start-up activities. 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. Receive and review commissioning and start-up plans from Contractors. Coordinate with OWNER, Design Team personnel, and Contractors to facilitate proper scheduling of these activities. Monitor the provision of O&M manuals and OWNER training for conformance to the contract documents. AMEND. NO. 10 EXHIBIT "A-1" Page 5 of 8 Revised April 2010 L:\Resources\OLCR\C\Corpus Christi\COCC-Mary Rhodes-COR10165\Amendment#10\3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.doc 11. QUALITY MANAGEMENT a. When Contractors request that substantial completion be granted for the Projects (or applicable portions thereof), CM Team will conduct, in company with OWNER's representative and Design Team representatives as appropriate, a review of the Projects for conformance with the design concept of the Projects and general compliance with the construction contract documents. Coordinate with Design Team as appropriate regarding any reviews of the work by it that are deemed necessary. Prepare a list of deficiencies to be corrected by the Contractors before recommendation of substantial completion is granted and/or any partial release or reduction of retainage is made. Prepare certificate of substantial completion with a list of items of work to be completed by Contractors prior to final completion. b. Conduct, in company with OWNER's representative and Design Team representatives as appropriate, a final review of the Projects for conformance with the design concept of the Projects and general compliance with the construction contract documents. Coordinate with Design Team as appropriate regarding any reviews of the work by it that are deemed necessary. Prepare a list of deficiencies to be corrected by the Contractors before recommendation of final payment. Assist the OWNER in obtaining legal releases, permits, warranties, spare parts, O&M manuals, as-built drawings, and keys from the Contractors. Review submittals and other documents, and make recommendation for final payment to Contractors when appropriate. 12. RECORD MANAGEMENT— Receive and review as-built drawings from Contractors. Transmit drawings and other documents as needed to Design Team for preparation of"Record Drawings", indicating locations of project elements and final built conditions of project components. Drawings prepared by incorporating CM Team field notes, Contractor field notes and OWNER field notes taken at the project during the construction process. CM Team will endeavor to protect OWNER in providing this scope of services. However, it is understood that CM Team does not guarantee the Contractor's performance, nor is CM Team responsible for supervision of the Contractors' operations and employees. The CM Team shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractors, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractors or any Subcontractor. The CM Team shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project sites or otherwise performing any of the AMEND. NO. 10 EXHIBIT "A-1" Page 6 of 8 Revised April 2010 L:\Resources\OLCR\C\Corpus Christi\COCC-Mary Rhodes-COR10165\Amendment#10\3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.doc work on the Projects. 13. WARRANTY MANAGEMENT— Receive and review all warranty documentation from Contractors, and review for conformance with the contract documents. Develop a warranty period protocol with OWNER and Contractors to address items of work that are discovered to need corrective action during this period. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Prepare a report documenting observations during this inspection and make recommendations to OWNER regarding corrective actions. Communicate corrective work requirements to Contractors, and coordinate correction work schedule with OWNER and Contractors. Perform inspection of corrective work to verify conformance to the contract documents. Additional Services 1. Construction Management services beyond the project duration identified in this scope. 2. Management and review of excessive re-submittals or submittals for substitutions and other deviations from the construction contract documents proposed by the Contractors will be addressed as follows: a. CM Team will track and document all staff time spent in shop drawing or submittal review past the second submission of shop drawing or project submittals by the Contractors, allowing OWNER to invoice the Contractors for additional shop drawing or submittal review time spent by CM Team. This effort will be noted as an offsets and be deducted from Contractor payment requests per the General Conditions of the Contract Documents. b. CM Team will track and document all staff time spent in shop drawing or submittal review related to substitutions proposed by Contractors for use of systems or products not specified, allowing OWNER to invoice the Contractor for shop drawing or submittal review time spent by CM Team. This effort will be noted as an offsets and be deducted from Contractor payment requests per the General Conditions of the Contract Documents. 3. Investigations, analyses, and studies requested by the Contractors and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications. (See Additional Services Item 1) 4. Substitutions of materials or equipment or design modifications requested by the OWNER. AMEND. NO. 10 EXHIBIT "A-1" Page 7 of 8 Revised April 2010 L:\Resources\OLCR\C\Corpus Christi\COCC-Mary Rhodes-COR10165\Amendment#10\3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.doc 5. Review and/or evaluation of contractor claim(s), supported by causes not within the control of CM Team. 6. Any miscellaneous services or other assistance to the Owner not specifically identified in this scope. AMEND. NO. 10 EXHIBIT "A-1" Page 8 of 8 Revised April 2010 L:\Resources\OLCR\C\Corpus Christi\COCC-Mary Rhodes-COR10165\Amendment#10\3 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.doc MARY RHODES PUMP STATIONS, SEDIMENTATION BASIN, AND PIPELINE Construction Management Overview Freese and Nichols(CM Team)will provide Construction Management(CM)services to the City of Corpus Christi(OWNER)for its Mary Rhodes Pipeline,Phase 2 Project. The project will be constructed utilizing two separate construction contracts: • River Pump Station, Booster Pump Station and Sedimentation Basin Construction Contract(16 months) • Note that the Contractor(Renda) intends to self-perform the majority of the pump station construction work, but will subcontract the earthwork and soil cement at the sedimentation basins. • It is anticipated that the normal work schedule will be 10-12 hours per day(sun up to sundown),6 days per week. This will vary somewhat particularly at the beginning of the project and depending upon weather conditions. • Pipeline Section A,Pipeline Section B,Pipeline Section C/Ground Storage Tank/Lake Texas Tie-in Piping Construction Contract(14 months) • Note that the Contractor(Garnet') intends to self-perform the installation of Section C of the pipeline with one crew and installation of all of the system tie-in piping with a separate crew; but will subcontract Section A of the pipeline to Renda,Section B to SJ Louis,and the ground storage tank to DN. • It is anticipated that the normal work schedule will be approximately 12 hours per day(sun up to sundown),6 days per week. During the summer months,the schedule might be expanded to be 13-14 hours per day. This will vary somewhat particularly at the beginning of the project and depending upon weather conditions. CM services will be provided as follows: • Construction Management and Contract Administration of all construction required by both construction contracts(16 month total construction duration) • Construction Materials Quality Assurance Testing(soil densities,concrete cylinders, pipe joint welding, pipe coating, pipe corrosion protection) • On-Site representation on River Pump Station, Booster Pump Station and Sedimentation Basin Construction Contract(16 month total construction duration) • One full time representative on-site for 16 months at 50 hours per week for Month 1, 60 hours per week for Months 2-14,and 50 hours per week for Months 15-16(FNI employee) • One full time representative on-site for 15 months at 50 hours per week for Months 1-2,60 hours per week for Months 3-14,and 50 hours per week for Month 15(FNI employee) • One full time clerk on-site for 14 months at 40 hours per week(subconsultant RH Shackelford) • On-Site representation on Pipeline Section A, Pipeline Section B,Pipeline Section C/Ground Storage Tank/Tie-in Piping Construction Contract(14 month total construction duration) • Pipeline Section A—Full time representation provided by other consultant(AGCM)under separate contract with Owner(Not in Freese and Nichols Scope) • Pipeline Section B—Full time representation provided by other consultant(AGCM)under separate contract with Owner(Not in Freese and Nichols Scope) • Pipeline Section C—One full time representative on-site for 12 months at 50 hours per week for Months 1-2,60 hours per week for Months 2-10,and 50 hours per week for Months 11- 12(subconsultant RH Shackelford) • Ground Storage Tank/Tie-in Piping—One full time representative on-site for 14 months at 50 hours per week for Months 1-2,60 hours per week for Months 3-13,and 50 hours per week for Month 14(FNI employee) • Overall Pipeline Inspection Coordination/Additional Inspection—One representative on-site 3 weeks per month for 14 months at 55 hours per week =EXHIBIT 0. 10 Page 1 A-2" f 3 Construction Management Team Roles CM Team roles will be as follows(refer to CM Team Organization Chart for graphical representation): • Principal in Charge(PIC)will provide coordination between the CM Team and City management acting as a liaison between FNI and the City on major construction issues,other contractual issues,and project related non-construction issues. He will verify that the CM Team is devoting the proper resources to the CM and will monitor overall progress of the project. • Construction QA/QC Manager will coordinate with the CM Team and the PIC verifying that the CM services being provided are in accordance with the contracted scope of services,and that these services comply FNI construction management standard procedures. He will be responsible for communicating with the CM on a regular basis and for conducting internal quality control reviews of the CM Team's services. He will use the QA/QC plan developed by the CM to monitor the project. He will meet with various team members multiple times during the project review the work being produced by the team. In conjunction with the CM, he will submit a QC review form to a senior member of FNI management confirming that the CM Team's QC procedures are being followed. • Construction Manager(CM)will direct the CM Team and will be responsible for the quality and successful completion of the CM assignment. He has the responsibility and authority to direct the CM team staff as needed to see that all construction activities are being properly monitored and documented. He will be the primary point of contact for City staff,and his role will include day to day communication with and coordination of the CM Team. He will prepare and submit monthly project reports to City staff describing construction progress in general terms and summarizing project costs,schedule,changes and any major outstanding issues. He will verify that the Design Team is responding to contractor submittals in the appropriate amount of time with satisfactory responses. He will typically be on site a minimum of 2 days every other week to attend bi-weekly construction meetings. • Pump Stations/Sedimentation Basins Senior Inspector will oversee all pump station and sedimentation basin construction providing daily observation of all activities. He will direct the activities of the other pump stations/sedimentation inspector,the field clerk,specialty inspectors,and the materials testing technicians. Generally, he will monitor the work at the River Pump Station. Depending on specific work activities, he will divide his time with the other inspector to monitor the work at the Booster Pump Station and at the Sedimentation Basins. He will typically be on site full time for the full 16 month project duration. • Pump Stations/Sedimentation Basins Inspector will conduct and document daily observation of work activities at either pump station or at the basins as directed by the Senior Inspector so that proper coverage of all construction activities is achieved. He will typically be on site full time for 15 months. • Field Clerk will provide support to the entire CM Team including maintaining the document track system,document filing, preparation of meeting agendas and minutes,etc. He will be the point of contact for the materials testing lab when materials testing services are requested. He will typically be on site full time for 14 months and will be located at the Pump Station construction site. Note that RH Shackelford is providing the field clerk as a subconsultant to FNI. • Pipeline Senior Inspector will oversee all pipeline and ground storage tank(GST)construction activities. He will direct the activities of the pipeline and GST inspectors,specialty inspectors, materials testing technicians, welding inspectors, corrosion protection inspectors.Generally he will monitor inspectors to verify consistency of enforcement of construction documents,and he will provide support to the inspectors when requested. Because there will be 4 separate major contractors(5 major work crews total) performing work under this construction contract, consistency of the work product must be monitored. He will typically be on site 3 weeks per month for 14 months. • Pipeline Section A Inspector will conduct and document daily observation of work activities on this segment of pipeline. It is assumed that he will typically be on site full time for 12 months. Nate that AGCM is furnishing this inspector under separate contract with the city. [EXHIBIT END. N0. 10 Page 2 "A-2" Pa e2of3 • Pipeline Section B Inspector will conduct and document daily observation of work activities on this segment of pipeline. It is assumed that he will typically be on site full time for 12 months. Note that AGCM is furnishing this inspector under separate contract with the City. • Pipeline Section C Inspector will conduct and document daily observation of work activities on this segment of pipeline. He will typically be•on site full time for 12 months.Note that RH Shackelford is providing this inspector as a subconsultant to FNI. • Ground Storage Tank/Tie-in Piping Inspector will conduct and document daily observation of work activities on the tank and on the system tie-in piping. He will support the pipeline inspectors when needed when contractors have other crews performing the directional drilling, clearing activities, clean-up activities,and pipe unloading/stringing activities. He will typically be on site full time for 14 months. • Specialty Inspections will be provided as requested by the CM Team through the CM. These inspections will include additional inspection support when contractors have multiple activities ongoing and/or when the CM Team requests a special inspection by a design engineer. These inspections are separate from the inspections included by the Design Team in the construction phase scope of work in the base contract. • Construction Materials Testing will be provided as requested by the CM Team. This testing will include soil densities,concrete cylinders and other tests as needed. There will be a technician performing primarily soil density testing on site full time for 12 months. Additional time will be needed for concrete testing and laboratory tests. Note that the intent is to utilize Rock Engineering to provide this testing as a subconsultant to FNI. • Certified Welding Inspections will be provided as requested by the CM Team. The welding inspector will make 12 trips to the site to inspect pipe joint welds. Note that the intent is to utilize Rock Engineering to provide these inspections as a subconsultant to FNI. • Factory Coating Inspections will be provided as requested by the CM Team. The coating inspector will make 6 trips to the factory to inspect pipe coatings. Note that Accurate Inspections is providing this inspector as a subconsultant to FNI. • Corrosion Protection Consultation/Inspection will be provided as requested by the CM Team. The scope of this work includes review of contractor corrosion protection system submittals and to perform inspections and continuity testing of the installed corrosion protection system. Note that V&A Consulting is providing these services as a subconsultant to FNI. EEXHIBIT. NO. 10 Page 3 "A-2" 3of3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0%© $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25%© 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0%Q TBD TBD TBD TBD TBD TBD TBD 0%© TBD TBD TBD TBD TBD TBD TBD 0%© TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1, 500 $3, 000 23% SUPPLIER NUMBER TO BE ASSIGNED BYrn -- o PURCHASING DIVISION ~� Ci of CITY OF CORPUS CHRISTI ty �; 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: Freese and Nichols P.O.BOX: N/A 800 N.Shoreline Blvd, 78401 STREET ADDRESS: Suite 1600N CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessar=y,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City N Department(if known) 2. State the names of each "official" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name � l� 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 Kj J, Committee 4. State the names of each employee or officer of a"consultant" for the City of CoTus 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 t,,j /n-5 Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed wasting filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Principal (Type or Print) Signature of Certifying Date: l `l Person: l 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. 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 (Executive Director of Public Works) and AGCM, Inc., a Texas corporation, 1101 Ocean Drive, Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Ma!y Rhodes Pipeline Phase 2 (E10008) - This contract provides pre-construction and construction observation services. ALCM, Inc. will perform construction observation services for Pipeline Sections A and B for 16 months. Pipeline Section A will include construction of approximately 73,000 linear feet of 54" pipeline and approximately 1,900 linear feet of horizontal directionally drilled 48" pipeline. Pipeline Section B will include approximately 75,000 feet of 54" pipeline. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", 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 fA/E)Services Page 1 of 3 KAENGINEERING DATAEXCHANGEIJENNIFERVWATERtE9OOD8 MARY RHODES PIPELINE,PHASE 2IAGCM1CONTRAC=ONTRACT-MR PIPELINE.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 AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B", 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a revised fee not to exceed 1 6,79 942.00 (One Million Six Hundred Seventy-Nine Thousand Nine Hundred Forty-Two Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at anytime, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 70% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 30% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written, consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering(A/E)Services Page 2 of 3 KAENGINEERING DATAEXCHANGE4JENNIFERIWATERIE10008 MARY RHODES PIPELINE,PHASE 24AGCWCONTRACnCONTRACT-MR PIPELINE.DOC 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's,field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project, The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI 1NC Mark Van Vleck, P.E., Date Ed Labay Date Interim Assistant City Manager Vice President for Public Works and Utilities 1101 Ocean Drive Corpus Christi, Texas 78404 (361) 882-0469 Office RECOMMENDED (361) 882-0858 Fax r--1 2-io - P4 Daniel Bile s, P.E.' Date Exec t e Dire7]:ublic Works Operat ng bepaffitme t Date APPROVED Office of Management Date and Budget Project No: E10008 ATTEST Fund Source No: 550950-4095-00000-E10008 Fund Name.- Water 2014 CIP Encumbrance No: City Secretary ...... contract for Engineering(A/E)Services Page 3 of 3 K:ENGINEERING DATAE7(CHANGEWENNIFERIWATERtE40008 MARY RHODES PIPELINE„PHASE 2YAGCWCONTRACT=NTRACT-MR NPELINE.00C . ^ CORPUS CHRIST) \ UD Uc��m ilrinc (7SQ)4] PCi BozI08� AGCM., i�vrpu��hr|,uT� 780� � U�c�6DA82U�6D Fenzul-N' 5, 2014 mc Daniel l3i|cu EscomIve Director o[PvWhcWoxk's Oly m[Co�o Christi 120 Leopard S1. ("'ompum Christi,TX7W4U1 Re: Corpus Christi Pre4Cooy\mcdvn 6L Culluunoiwm Services for Mary Rbm3us Pipeline Phase Dear Mr. 13i|ms^ &(}ICN1, Inc, is pleased ma have tile oppurtuni|y mpnoPmsO Po-Crou|u/oimn and Construction Support Services for the City wf Corpus O`riuti Oil (lie Corpus Christi Nlmry Rhodes Pipeline Podcot Phase 2. Our finll wM provide the personnel |o pc6'oroCwnguudm'scrviccy :lorthccsrimatedcusru/Sl,679.442.O8uopipeUue scolions & J&0. The proposal dumafiov is based oil 16 months, |4 months, for construction phase and 2months oftbe pre-construction pbuse. SCOPE OFqV0RK AGICM will Ivork harid-ill-hand with the FNI Team to ensure coiltiffility till-0111411011t the pr�ect. bimthe under-standino that we will utilize the recommended FNI construction managenlent sollware for all reporting mnddooumcmtudon. 6QCM will provide inspection Senviccsdurinp the Construction and Close-Clnz Phuseua outlined below: m Provide daily oversight mid leadership flor the yucCCSa[uiconmpleflonw[Scoiona /l& 0mftile N-IRPL3. m Act mm tile official City m|'Cvrpus Christi liaison to the contractor brSec1imas A&,B. Provide interface its meocsou-y with Socdum C and the Au1111)mu60o tie-ins. * identify potential eona1mcl|mn problems such as coordination °/idh other utilities, sdhcJul[o�-'` and nulucuium difGcu|6cx. 111011 mnd esr*mC oU� steps oeuc^*o[y to avoid these problems, inc|uding communicating these to PNIl and thc "i|y. m 0m|d re('u|urpnmu as mecduos with |hcooucoc\cvto resolve any problems, and conduct mddi|iunui meetings, as necessary, to ncs*|vm cmnNic/a or specific problems. = Attend scheduled Construction and Requested Inspection Mcz|in(gs—Provide representation ul 1he construction mecdngs 1* provide direction and [6od6nok to contractor, m Review M"mddy C^mnruc(mr'a Puy Kcqmcat—&wvicn/ the submitted pay request ver|6/in& project schedule, xnaucdulx,uud pay mmumnts, mhcwrequested. � Review and rccvrmmcmd kI'lls for work not idco|iGed iuumo|roc1 ducumem/s. ° Rcv|on/ Jrmll c8ionoe orders, as u/c|[ as m°oiiornndcoordimu1e negw{iudoos. w Provide daily on-siie observation and CiMllityassurzince inspection ol'work in-progress and do/cmoiue if the pn��oiy �noc�c�im�inaouor(unceu/i/y� tile sc]�edu|eand c*mo�ct6mCummma. Verify that connp[e!cJ work comn,omm to oon/rmo| d0uoncn1 m4u]nunmen$ bynrpiev/in , Loh & LEXHIBIT "A' Test Reports, Coundinowo and recommend any additional inspection mrteod000[uonoctmr,m wo rk i[,eqvi red . a V[smu[ly iuspco| materials prior vm imaol]md*m /°cnuurc they Conform to approved subnmiom|s mmd/urumnirac1docum*ois. 0 Report »nd« thu/ is considcrcd umamfia{octmI-y and advise what work, should be corrected, cjccted^ uncovered {orobservation,orsubJect to special tests or inspections. m Inspect sediment control mcmsno» and Jipcc\ the contractor to take corrective actions uo maintain, or contain sadhnea|unJ crus|mn control systems in accordance with tkncupprmved sed]munx and cnmyieacontrol plan. w Submit daily Gc|d rrputiy mud ,mpmucnCuilvc photon that document contnar/or'smmnpon/mc hours; on ^eh site, equipment in use, weather condiLiono, data nuXaliwuto extras ordeductions in hid i1cmp, work in-progress and accomplished, `vhciicr work is in conGooneocc with contract, documems, general observations and documentation oftesting procedures and residis. m Nlainczio progress phov*s/~idc*s of Contractor's work. w Use the Critical Po1b Method (01N) to umo|yzc dlc contr,ciar`* proposed pu\b R`rcwostrucdon and review uuJ verify the prw1'resS1l1rou§�hwu\the projeci. 2 Review contractor's iniflal schedule fOr OCnCrld COJIStrUCtability and conformance Nvith contract 6mrmmem|u. � RovicvrnoodxiIsCbCdvicopdutesmnmu0nmuoum| dutcsm[smrtun6finishofoac& mcdvlcyumd proposed sequence, identify aubytmnbo| changes to the schcJulo bom ldor suhmi\tu|y, p*Ycntin| obstacles, barriers to Construction, Critical path issues. and Other mchodu|myUippoc issues,as necessary. * Review all emscmcntJwcmmcmts und cveuo that the contractor is abiding by u]iecascruun| requirements and special conditions and |imi�s. m [owo]ioaxc n/i|h Owner's nprcsuni"Ifivrso that property owners along the 'uu| alignment are ioOonocJu(cmustnuo|ivnschcdulc, 1heir4ucs/ivmsmnJcooccrnyurumopomJcd |m, zuwciUus assist with public mcotivosand rosv|vio" pvh]iuowmp|aintS, w 5u8mtau1iu| & 6no| Cnmp[utiou Inspection —1nund and observe the substantial cannp|c1imn and 6na| cmmp]c1ipu inspection mF tile: work in-place. = 0evicu/the Final Operations umd Maintenance({)&K1) Moono|s, The fo0ovvimg documents are attached I'm use: y. Detailed proposal ioo\sdingcathma/cdmam-huars_ca|undmc and un4 rate ahecu 2. Organizational chart with 1'esumncs }loain, wu greatly appreciate yvwrcmn6duncuumd the proapuo;m/continuioO 10 provide prut�syionui services m tile City o[CwqpumChristi. Kind Regards, &4u¢y8ohnmiu Field Operations K8mnoSer )6]-882-0469 361-443-4572c EXHIBIT "A" 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 EXHIBIT"B" Page 1 of 3 K Tngineering DalsExchangeUENNIFERIFORMST-xhibil B for Large-Insurance 8 Indemnificsfion.dom C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"B" Page 2of3 K%Engirteertng DataExchange%JENNIFERTORMST-xhibit B for Large-Insurance&Indemnificafion.dom H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents,servants, or employees or any other person indemnified hereunder. EXHIBIT Page 3 of K%Engineedng Dat aExchange%JENNIFER%FORMSW)Mibit 8 for Large-Insurance&Indemnincation.d= Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51,000 50 50 $1,000 $0 51,000 51,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 015 2,500 0 1,000 3,600 0 0 0 095 $6.000 51,000 51,250 58,250 $750 $1,500 52,500 30% 52.000 50 50 52,000 $500 50 5500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 095 TBD TBD TBD TBD TBD TBD TBD 095 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 096 52.000 51,120 51,627 54,747 $50D $0 $500 11% 56.000 51,000 51,250 58,250 5750 $1,500 $2.500 30% 2,000 1,120 1,627 4,747 500 0 500 119b 58,000 52.120 52,877 512,887 51,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY CITY- - a PURCHASING DIVISION Ciry of CITY OF CORPUS CHRISTI Q°rp t; 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: ALCM,Inc. P.O.BOX: STREET ADDRESS: 1101 Ocean Drive CITY: Corpus Christi ZIP: 78404 FIRM IS: 1. Corporation e 2. Partnership 8 3. Sole Owner E]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) E� 2. State the names of each`official"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 1 � 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 subiect of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 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: Ed Labay Title: Vice President (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture,receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. 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. Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C Pump Stations/Sedimentation Basin • Corpus eh- sti Engineering Council Presentation February 18, 2014 Project Scope Corpus Cir sti Engineering PIPELINE SECTION C and MARY RHODES PHASE I TIE-IN ITER 2 Project Schedule Corpus Chr sti Engineering Project Construction Estimate for: Pipeline Sections A, B, and C - 425 Calendar Days Projected Schedule reflects City Council award in February 2014 with anticipated construction completion in April 2015. Pump Stations/Sedimentation Basin - 473 Calendar Days Projected Schedule reflects City Council award in February 2014 with anticipated construction completion in June 2015. - ATE F. A 3 Project Budget Corpus Chr sti Engineering FUND SOURCE: Texas Water Development Board Loan............................................................... $7,964,079 $4,462,897 $148,521,027 PROJECT TOTAL... ... $160,948,003 FUNDS REQUIRED: 100% Construction for Pipeline Sections A, B, and C (Garney Companies, Inc.) $84,121,405 100% Construction for Pump Stations/Sedimentation Basin (Oscar Renda Contracting).. $29,167,288 Construction Contingency(10%)........................................................................ $11,328,869 Pump Station Pumps and Motors (Smith Pump Company, Inc.)(5% remaining cost)`...... $227,722 Engineer Design (Freese and Nichols, Inc.)**........................................................ $11,335,503 Legal Services & Future Misc Project Costs (Bruce Hawn, Welder Leshin, LLP)***......... $10,812,500 AEP Transmission Line Relocation................................................................. $1,500,000 Construction Management/Observation Services (Freese and Nichols, Inc.).................. $3,965,785 Construction Observation Services (AGCM, Inc.). $1,679,942 Reimbursements............................................................................................ $5,814,433 $159,953,447 PROJECT BUDGET BALANCE $994,556 * Purchase approved by City Council on December 10, 2013 by Motion No. 2013-179 ""Original Design Contract awarded October 28, 2003 by Motion No. M2003-394 ""Amendment No. 1 awarded October 19, 2004 by Motion No. M2004-387 ""Amendment No. 2 awarded December 18, 2007 by Motion No. M2007-334 ""Amendment No. 4 awarded March 9, 2010 by Motion No. 2010-051 ""Amendment No. 9 awarded July 30, 2013 by Motion No. M2013-125 ***Legal Services Agreement awarded July 12, 2011 by Motion No. M201 1-164 ****Agreement awarded December 17, 2013 by Motion No. M2013-195 4 1852 Projected Ratepayer Raw Water Rate over a 30Year Planning Period Corpus Chr sti Engineering $1.40 $1.3_ MR Ph II $1.20 Funded $1.10 $1.00 a _ .90 .80 0 $03 0 _ .60 4.1 -.50 $0.40 .q0 $0.20 $0.10 $0.00 MR Ph I Debt Choke Canyon refired Debt in CP o‘-tr‘trn--Ln on -coo o rn Ln o co oo N M -- x -f NA Nt EN N N N N EN r---4 NI M M M m rn rn m m En M 0 o 0 0 0 0 En 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N NI N N tN IN 'A N Nt NI NI N N N N N N N Nt N N N N N r--4 N N N N Note: a key factor in the declining rates over time is the assumption that industrial -related water demand will grow significantly over time. Mary Rhodes, Phase 2 Contract Summary Corpus Chr sti Engineering Contract: MR Pipeline Phase 2: Pipeline Sections A, B, and C Vendor: Garney Companies , Inc. of Kansas City, Missouri Price: $84,121,405 for base bid and fiber optic additive alternate for all pipeline section Contract: M Pipeline Phase 2: Pump Stations/Sedimentation Basin Vendor: Oscar Renda Contracting of Roanoke, Texas Price: S29,167,288 for base bid Contract: Amendment No. 10 Vendor: Freese and Nichols, Inc. of Corpus Christi, Texas Price: $3,965,785 for overall construction management, geotechnical testing services, corrosion inspection of MR Pipeline Phase 2 project; and construction inspection of Pump Stations/ Sedimentation Basin and Pipeline Section C Contract: Professional Services Contract Vendor: AGC 1, Inc. of Corpus Chris ti, Texas Price: S1,679,942 for construction inspection of Pipeline Sections A & B 1 I le -wmER. • 6 SC 0 A. AGENDA MEMORANDUM wIORPOKa 1 o First Reading for the City Council Meeting of January 14, 2014 1852 Second Reading for the City Council Meeting of February 25, 2014 DATE: February 18, 2014 TO: Ronald L. Olson, City Manager THROUGH: Mark Van Vleck, P.E., Interim ACM for Public Works and Utilities markvv@cctexas.com (361) 826-3189 FROM: Daniel Biles, P.E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Approval of Seawall Maintenance Capital Improvement Program CAPTION: Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the Seawall Maintenance projects approved by the Type A Board and City Council as listed in Attachment A; appropriating $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for the Fiscal Year 2014 projects as listed in Attachment A; changing the FY 14 Operating Budget adopted by Ordinance 029915 to increase expenditures by $6,500,000. PURPOSE: To review and provide recommendation for City Council consideration and approval of proposed Seawall Maintenance Capital Improvement Program with funding for Fiscal Year 2014. BACKGROUND AND FINDINGS: Attachment "A" - Seawall Maintenance Capital Improvement Program is included for reference. Projects identified for inclusion in the Seawall Maintenance Capital Improvement Program have been previously approved by the Type A Board, are an expansion of a project previously approved by Type A Board, or are part of the seawall flood protection system and are eligible for use of Type A funds. Projects are listed in order of priority, with consideration given for public health and safety, protection of public and private investment, and long term sustainability of the area. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: On September 23, 2013, Type A Board committee members, City staff, and the consultant engineer (HDR Engineering, Inc.) visited locations of the proposed projects recommended for inclusion in the Seawall Maintenance Capital Improvement Program. Comments and questions from the Type A Board were received and are addressed in the proposed program. The Seawall budget was approved by the Type A Board November 18, 2013. Bond 2000 Ballot language is included in Attachment"B" for reference. On February 17, 2014, the Type A Board made and approved a motion to appropriate and transfer the required funds for the current Fiscal Year Budget in the amount of $6,500,000. City Council action is now required to amend the Capital Improvement Program Budget and appropriate and transfer funds so work may begin on the projects as listed in Attachment A. CONFORMITY TO CITY POLICY: Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget 6,500,000 15,250,000 21,750,000 Encumbered / Expended Amount This item BALANCE 1 6,500,0001 15,250,000 121,750,000 Fund(s): Seawall Maintenance Fund Comments: none RECOMMENDATION: City Staff recommends approval of the attached proposed Seawall Capital Improvement Program. LIST OF SUPPORTING DOCUMENTS: • Attachment"A" - Seawall Maintenance Capital Improvement Program Budget • Attachment"B" — Bond 2000 Ballot language Ordinance amending the FY 2014 Capital Improvement Program Budget adopted by Ordinance No. 029916 to add the Seawall Maintenance projects approved by the Type A Board and City Council as listed in Attachment A; appropriating $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund and transferring and appropriating into Seawall CIP Fund 3272 for the Fiscal Year 2014 projects as listed in Attachment A; changing the FY 14 Operating Budget adopted by Ordinance 029915 to increase expenditures by $6,500,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to include Type A Board and City Council approved Seawall Maintenance Projects as listed in Attachment A. SECTION 2. An amount of $6,500,000 from the Unreserved Fund Balance in No. 1120 Seawall Improvement Fund is appropriated from fund balance and transferred and appropriated into the No. 3272 Seawall CIP Fund for the approved FY 2014 Seawall Projects. SECTION 3. The FY 2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase expenditures by $6,500,000. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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 on this the day of 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Seawall Maintenance Budget Programmed Amount FY 12-13 =_ '— - ,----,Air FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-26 10 Year Project Name Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11-13 TOTALS —� ..�.�—='4'w- 1 Recurring Seawall Maintenance** 6,970.0 720.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 1,250.0 5,000.0 2 Barge Dock Repairs** 8,700.0 350.0 2,000.0 5,000.0 1,350.0 - - - - - - - - 8,350.0 3 Salt Flats Levee Certification Improvements**** # 10,000.0 - 2,500.0 2,500.0 5,000.0 - - - - - - - - 10,000.0 4 Science & History Museum Levee Wall a 1,500.0 - 1,500.0 - - - - - - - - - - 1,500.0 5 Hughes Street Pump Station a 26,000.0 - - - - 6,500.0 7,500.0 7,000.0 5,000.0 - - - - 26,000.0 6 Seawall Back-up levee project*21,000.0 - - - - - - - - - - - 21,000.0 - 7 USACE Bulkhead Repairs*** 7,100.0 - - - - - - - 1,000.0 3,000.0 3,100.0 - - 7,100.0 8 Sunfish Island and Breakwater*** 3,300.0 - - - - - - - 1,000.0 2,000.0 300.0 - - 3,300.0 9 Breakwater at McGee Beach*** 7,300.0 - - - - - - - - 1,300.0 2s00.0 3s00.0 - 7,300.0 10 McGee Beach Nourishment*** 1,600.0 - - - 400.0 1,200.0 - - - - - - - 1,600.0 11 Marina Breakwater Improvements*** 2,400.0 - - - - - - - - 1,400.0 1,000.0 - - 2,400.0 12 South Texas Art Musuem Protection System 15,000.0 - - - - - - - - - - 2s00.0 12s00.0 2,500.0 Total 110,870.0 1,070.0 6,500.0 8,000.0 7,250.0 8,200.0 8,000.0 7,500.0 7,500.0 8,200.0 7,400.0 6,500.0 34,750 0 -�---- *City submitting FEA Appeal Document to challenge their BFE against the seawall; could modify froom due to seawarr from AO to an X zone. If approved; this project is significantly r dd d **Project previously approved by the Type A Boase and Council ***Project previously approved by the Type A Boase * °Expansion of previously approved Type A and Council Project a Part of Downtown Flood Protection Strategy 11/15/2013 C:\Users\danb\Dropbox\Utility Depts\Final CIP FY 13-14 Page 1 AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF AUTHORIZING OBLIGATIONS OF THE CITY SUPPORTED BY AD VALOREM TAXES AND AUTHORIZING A SALES AND USE TAX PURSUANT TO SECTION 4A OF ARTICLE 5190.6, VERNON'S TEXAS CIVIL STATUTES; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY;AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE WHEREAS, the City Council finds that the citizens of Corpus Christi should have the opportunity to approve the issuance of obligations of the City supported by ad valorem taxes for needed public improvements and to approve a program for economic betterment of the community; and WHEREAS, the City is authorized by Article VIII of the City Charter to issue general obligation bonds in accordance with State law; and WHEREAS,the Texas Legislature in Section 4A of Article 5190.6,Vernon's Texas Revised Civil Statutes,has empowered local communities with the means of improving the economic health and prosperity of their citizens and the City Council finds that the projects to be presented to the voters, as specified in Propositions 4, 5, and b of Section 7 below, are each authorized by Section 4A of Article 5190.6; and WHEREAS, a public hearing shall be held before the election to inform the residents of the City of the cost and impact of the projects proposed to be authorized in Propositions 4, 5,and 6 of Section 7, below, with notice as required by law, and the public shall be invited to speak at said public hearing; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting a general election on November 7, 2000. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS,THAT: SECTION 1. A special City election(hereinafter the"Election.") shall be held in the City l of Corpus Christi,Texas, on November 7,2000, for the purpose of submitting to the voters of the 0JR130502.001 024121 ATTACHMENT "B" ` City ballot propositions that authorize the issuance of obligations supported by ad valorem taxes and authorize a corporation governed by Section 4A of Article 5190.6, Vernon's Texas Civil Statutes, to use a sales and use tax of up to three-eighths of one percent for projects authorized by said statute. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. Precinct ballot counters shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi,as set forth on Attachment A hereto incorporated by reference and made part of this ordinance(said Attachment A to be approved and attached when the polling places in the regularly prescribed precincts are finally determined by Nueces County). 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 the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State's directive "Alternate . Method of Testing Precinct Ballot Equipment". SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. He is directed to request consideration by the U. S. Department of Justice of the submission of any change herein which requires preclearance,and to provide such demographic data rr and information as required by law. t`J SECTION S. Paper ballots and precinct ballot counters shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places set forth in Attachment B,incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows: In addition,early voting in person may be conducted at the mobile temporary branch polling; places set forth in Attachment C, incorporated by reference and made a part of this ordinance,during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County), 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 shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further 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 OJRB 0502.001 2 ATTACHMENT "B" subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment,supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election,the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSI_T_ION NO, I STREET IMPROVEMENTS FOR AGAINST Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of said City in one or more series or issues,in the aggregate principal amount of$20,776,000, for the purpose of IMPROVING THE STREETS OF THE CITY, INCLUDING: *STREET IMPROVEMENTS FOR: -McARDLE ROAD PHASE 3(EVERHART ROAD TO HOLMES DRIVE), -HORNE ROAD (AYERS STREET TO KOSTORYZ STREET), -CLIFF MAUS ROAD PRASE: IA (FM 665 TO JUST SOUTH OF ROCKFORD ROAD), -YORKTOWN BOULEVARD (LAKE TRAVIS DRIVE TO WEBER ROAD), -CITY SHARE OF CONSTRUCTION IN NEW SUBDIVISIONS, -STREET LIGHTING, -GUARDRAILS/PEDESTRIAN BRIDGES/SCHOOL ZONE, -INTERSECTION APPROACH IMPROVEMENTS; *STREET RESURFACING AND RELATED IMPROVEMENTS FOR: -UP RIVER ROAD (IH 37 TO LEOPARD STREET), -ALAMEDA STREET(PARADE DRIVE TO OCEAN DRIVE), -AYERS STREET (SOUTH PADRE ISLAND DRIVE TO PORT AVENUE), -GOLLIHAR ROAD (CROSSTOWN EXPRESSWAY TO KOSTORYZ ROAD), -SOUTH STAPLES STREET (GOLLIHAR ROAD TO WILLIAMS DRIVE); *NEIGHBORHOOD STREET RECONSTRUCTION ON: -LYONS STREET, -BIRMINGHAM STREET, -ANNAVILLE ROAD/CATCAY/AZORE, -JAMAICA/BROOKDALE, -WOODLAWNILAGUNA SHORES/WHITING; *SIDEWALK ACCESSIBILITY IMPROVEMENTS FOR THE DISABLED; *TRAFFIC SIGNAL IMPROVEMENTS AT CONGESTED INTERSECTIONS WITH HIGH ACCIDENT RATES; *CITY SHARE OF COST PARTICIPATION IN STATE HIGHWAY alRSOSaz.aa� 3 ATTACHMENT "B" DEPARTMENT PROJECTS ON -FM 624 (US 77 TO FM 1.889), -Mc.KINZIE ROAD PHASE.2 (HAVEN TO SOUTH CITY LIMITS), -FUTURE PROJECTS; with the bonds and notes of each such series or issue,respectively,to mature serially within not to exceed 25 years from their date, and to be sold at such prices and bear interest at such lawful rates as shall be determined to be most advantageous to the public in the judgment of the City Council, and authorizing said City Council to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and notes and provide a sinking fund to pay said bonds and notes at maturity,to the extent required by law. PROPOSITLQN_NO.2 PARK ANY}RECREATION AND MUSE11M"Ii,MPROVEMENTS FOR AGAINST Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of said City in one or more series or issues, in the aggregate principal amount of$4,694,000, for the purpose of IMPROVEMENTS TO PARK AND RECREATION AND MUSEUM FACILITIES, INCLUDING: *RENOVATION OF FIVE SENIOR AND SIX RECREATION CENTERS, { INCLUDING; -ETHEL EYERLY COMMUNITY& SENIOR CENTER, -OAK PARK RECREATION CENTER, -OSO RECREATION CENTER, -JOE GARZA RECREATION CENTER, -LINDALE RECREATION CENTER, -T.C. AYERS RECREATION CENTER, -BEN GARZA GYMNASIUM, BROADMOOR SENIOR CENTER, -GREENWOOD SENIOR CENTER, -LINDALE SENIOR CENTER; *YOUTH OUTDOOR SPORTS FACILITIES, INCLUDING: -H.P. GARCIA PARK, -PRICE PARK, -SOUTH GUTI I PARK, -WALDRON PARK, -BILL WITT PARK; *RENOVATIONIDEVELOPMENT OF EXISTING PARKS,INCLUDING: -LOS ENCINOS PARK($100,000), -NUECES RIVER PARK($100,000), -OAK PARK ($100,000), -PARKER PARK($100,000), l -SOUTH BLUFF PARK($100,000), J WRB0502.001 4 ATTACHMENT "B" r -ST.ANDREWS PARK ($75,000), -SURFSIDE PARK($100,000), -WEST GUTH PARK($200,000), -BRIGHTON PARK($25,000); *H,E.B. TENNIS CENTER PAVILION; *CORPUS CHRISTI SCIENCE AND HISTORY MUSEUM FIRE SUPPRESSION AND HEATING& AIR CONDITIONING SYSTEMS; with the bonds and notes of each such series or issue,respectively,to mature serially within not to exceed 25 years from their date,and to be sold at such prices and bear interest at such lawful rates as shall be determined to be most advantageous to the public in the judgment of the City Council, and authorizing said City Council to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the.annual interest on said bonds and notes and provide a sinking fund to pay said bonds and notes at maturity,to the extent required by law. PRQPOSITION NO,3 PUBLIC UEALTH AND SAFETY IMPROYEMENTS FOR AGAINST Authorizing the City Council of the City of Corpus Christi to issue the bonds and notes of said City in one or more series or issues, in the aggregate principal amount of$5,330,000, { for the purpose of PUBLIC HEALTH AND SAFETY IMPROVEMENTS,INCLUDING: *ANIMAL AND VECTOR CONTROL FACILITY, *FIRE/POLICE TRAINING FACILITY (PHASE ONE - FIRE TOWER AND RANGE), * IMPROVEMENTS TO FIRE STATIONS (ADA, COED), *CONSTRUCTION OF MUSTANG ISLAND FIRE SUB-STATION, *HEALTH DEPARTMENT MAJOR ROOF REPAIRS, with the bonds and notes of each such series or issue,respectively, to mature serially within not to exceed 25 years from their date,and to be sold at such prices and bear interest at such lawful rates as shall be determined to be most advantageous to the public in the judgment of the City Council, and authorizing said City Council to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and notes and provide a sinking fund to pay said bonds and notes at maturity. PROPOSITION NO. 4 SEAWALLIMPROVEMENTS FOR AGAINST The adoption of a sales and use tax(under Section 4A of the Development Corporation Act of 1979)for the promotion and development of improvements to the downtown Seawall and \ for maintenance and operating costs of said Seawall improvements for the life thereof at the J O1RB0502.00 l 5 ATTACHMENT "B" rate of one-eight of one percent to be imposed for 25 years. PROPOS1110N N MULTIPURPOSE ARENA FOR AGAINST The adoption of a sales and use tax(under Section 4A of the Development Corporation Act of 1979) for the promotion and development of construction of a Multipurpose Arena and for maintenance and operating costs of said Multipurpose Arena for the life thereof at the rate of one-eight of one percent to be imposed for 25 years. ER(ROSITION NO,6 F"NOMIC DEVELOPMENT SALES TA FOR AGAINST The adoption of a sales and use tax(under Section 4A of the Development Corporation Act of 1979)for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 12 years. \_ SECTION 8. The voter-approved obligations issued pursuant to Propositions 1, 2,and 3 of Section 7 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 9. Monies collected from Proposition Nos. 4, 5, and 6, respectively, shall be maintained in separate funds, each fund to be used only for the purposes authorized by that proposition as limited by this ordinance. SECTION 10. Monies maintained in the separate fund for Proposition No. 6 shall be expended only to attract and secure facilities and employers who contractually agree 1) to add new facilities or expand existing facilities in Corpus Christi, and 2) to permanently hire or maintain employees in Corpus Christi. Criteria shall be developed to assure that employers assisted with said funds meet the requirements of this section,and such criteria shall include provision for repayment of incentives and/or economic sanctions for failure to meet the criteria. Further,monies maintained in the separate fund for Proposition No. 6 shall never be used for projects associated with the dredging of Packery Channel or for the projects proposed to be authorized in Propositions 4 and 5 of Section 7 of this Ordinance. This paragraph is intended to be a contract with the voters that monies from Proposition No. 6 will only be expended for the purposes stated in this paragraph. SECTION 11. The City Council finds that the Seawall Improvements proposed in Proposition No. 4 serve multiple purposes which sheet the economic development objectives of Section 4A of the Development Corporation Act(which objectives the statute also defines to include projects authorized by Section 4B of the Act). The findings specifically include,but are not limited to,the following;First,the Seawall is a facility and improvement which promotes new and expanded OJRB0502.001 6 ATTACHMENT "B" __ business development. The downtown area protected by the Seawall consists of approximately 551 acres with private property tax valuation of$203,000,511, including; major office buildings, the City's largest hotels,Convention Center,Memorial Coliseum,Art Center,Art Museum,Science and History Museum,Harbor Playhouse,Museum of Oriental Cultures,Selena Bayfront Auditorium,and Heritage Park,the City's primary entertainment district with numerous nightclubs and restaurants, the city marina,and warehouses and terminal facilities of the Port of Corpus Christi Authority. The Seawall is essential to maximizing new and expanded commercial and retail business development and retaining commercial business activity in the area. Maximizing development in the area is critical to employment and the long-term economic health of the City and its residents. Second,the Seawall meets the Section 4B criteria of promoting or developing new or expanded business enterprises,including a project to provide public safety(storm and flood protection)facilities,streets (the Seawall sidewalk is an essential part of the Shoreline Drive right-of-way serving hundreds of thousands of pedestrians,and is part of the Bayfront Hike and Bike Trail),drainage(connecting with the City's stormwater system,it is a fundamental part of draining the commercial areas behind the Seawall), general municipally owned improvements, related improvements, and other projects determined to promote or develop new or expanded business enterprises. Third,it meets the Section 413 purpose of being required or suitable for use for entertainment (for example, hundreds of thousands gather there to watch and participate in events such as Buccaneer Days,Bayfest,parades, sailing regattas, the Fourth of July and Millennium Celebration fireworks displays, and the East- West Powerboat Races), tourist, convention, and public park purposes and events. As a place conducive to gatherings of hundreds of thousands of people,the Seawall serves the function of an auditorium, amphitheater, or concert hall. In addition, it serves as a public park and supports facilities and open space improvements, In addition, the Seawall complex(including the Marina) r serves, and has the capacity to expand its services of, store, restaurant, concession, automobile parking facilities, and area transportation facilities. Fourth, the seawall is a port-related facility which supports waterborne commerce. SECTION 12. The election is expected to be conducted in accordance with an agreement betweenNueces County and the City of Corpus Christi to hold a joint election on November 7,2000, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 13. By approving and signing this ordinance, the Mayor officially confirms as his action all matters recited in this ordinance which by law come within his jurisdiction. SECTION 14. If for any reason any section,paragraph,subdivision,clause, phrase,word, or provision of this ordinance or the ballot herein 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, work,or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause,phrase, word, or provision hereof be given full force and effect for its purpose, OIRa0502.001 7 ATTACHMENT "B" ATTEST: City Secretary Mayor The City Of Corpus Christi Approved this_ day of �J u ( 72000 James R. Bray, City Attorney ' -- r UJRBUSU2.UOE 8 ATTACHMENT "B" That the foregoing ordinance was read for the first time and passed to its second reading on this the d y of ,2000, by the following vote: Samuel L. Neal,Jr. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett Mark Scott Dr. Arnold Gonzales That th for going ordinance was read for the second time and passed finally on this the ay of , 2000, by the following vote: Samuel L. Neal,Jr. Rex A. Kinnison Javier D. Colmenero Betty.lean Longoria Melody Cooper John Longoria L _ Henry Garrett C1 Mark Scott Dr. Arnold Gonzales PASSED AND APPROVED this the djday of , 2000. 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FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-26 10 Year -----=_ ----- Project Name�____, Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11-13 TOTALS 1 Recurring Seawall Maintenance** 6,970.0 720.0 500.0 5 0.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 500.0 1,250.0 5,000.0 2 Barge Dock Repairs** rrr 350.0 2,000.0 5,000 .0 1,350.0 8,350.0 3 Salt Flats Levee Certification Improvements****# 10,000.0 2,500.0 rrr 5,000.0 10,000.0 4 Science & History Museum Levee Wall # rrr 1,500.01,500.0 5 Hughes Street Pump Station # 26,000.0 - 6,500.0 7,500.0 7,000.0 5,000.0 26,000.0 6 Seawall Back-up levee project* # rrrr - - - - - - - - 21,000.0 - 7 USAGE Bulkhead Repairs*** rrr 1,000.0 3,000.0 3,100.0 7,100.0 8 Sunfish Island and Breakwater*** rrr 1,000.0 2,000.0 300.0 3,300.0 9 Breakwater at McGee Beach*** rrr 1,300.0 2,500.0 3,500.0 7,300.0 10 McGee Beach Nourishment*** rrr 400.0 1,200.0 1,600.0 11 Marina Breakwater Improvements*** rrr 1,400.0 1,000.0 2,400.0 12 South Texas Art Museum Protection System 15,000 .0 2,500.0 12,500.0 2,500.0 Total 110,870.0 1,070.0 6,500.0 8,000.0 r r 8,200.0 8,000.0 7,500.0 7,500.0 8,200.0 7,400.0 6,500.0 34,750 0 = —°- .. *City sub !rang FEMA App i Document ngeL P rif BFE against the seaW could modify flooding due to seawall f orn AO ttr ass X zona, f approved, this project is sign/fioatstr$f reduced **Project previous& approved by the Type A Board and Council ***Project previous& approved by the Type A Board "'Expansion of previously approved Type and Cour ii Petr ct a t of Downrown Rood PrOtectionn Strategy 2 cv f� AGENDA MEMORANDUM OR ARSE Action Item for the City Council Meeting of February 25, 2014 xs5 DATE: February 18, 2014 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution recommending routing priorities for the proposed Electric Transmission Texas (ETT) electric transmission line connecting the Barney Davis Substation to Naval Base Substation; authorizing intervention in the ETT application for a Certificate of Convenience and Necessity (CCN) with the Public Utility Commission (PUC) of Texas and hiring outside legal counsel and consulting services. CAPTION: Resolution recommending routing priorities for the proposed Electric Transmission Texas, LLC, 138-kilovolt (W) electric power transmission line connecting the Barney Davis Substation to Naval Base Substation near Naval Air Station Corpus Christi; authorizing intervention in the Electric Transmission Texas, LLC, application for a Certificate of Convenience and Necessity with the Public Utility Commission of Texas for the electric transmission line and hiring legal and consulting services. PURPOSE: The City of Corpus Christi needs to proactively communicate to ETT about its concerns with potential routes and the impacts it could have on neighborhoods, home values, the tax base, city infrastructure, training missions at NAS-Corpus Christi and the environment prior to the company filing its application for a Certificate of Convenience and Necessity with the Public Utility Commission of Texas. In addition, the City needs to authorize staff to officially intervene in the CCN filing with the PUC so the City's interests can be protected throughout the process and appropriate legal services and consultants can be engaged in a timely manner to protect the City's interests. Page 1 of 4 BACKGROUND AND FINDINGS: Electric Transmission Texas, LLC, is a transmission utility co-owned by subsidiaries of American Electric Power (AEP) and MidAmerican Energy Holdings Company. AEP is also the parent company of AEP Texas Central Company. According to notice provided by ETT in October 2013, the proposed 138-kilovolt (kV) electric power transmission line was recommended by the Electric Reliability Council of Texas (ERCOT) to address transmission service reliability issues that exist for the Flour Bluff/South Corpus Christi area. The line will reportedly will provide the necessary support of the area transmission network needed to reduce the possibility of the loss of electric load, particularly during scheduled maintenance outages of autotransformers at the Airline Substation west of Oso Bay. At Laguna Substation, ETT is also required to construct a new 138-kV busbar and install a new 138 kV/ 69 kV-autotransformer. In early March 2014, ETT is expected to submit routing recommendations to the Public Utility Commission of Texas in an application for a Certificate of Convenience and Necessity. The PUC will ultimately make the final decision on the route for the new transmission line. ETT projected the in-service date for the new transmission line in the third quarter of 2016. A party has 45 days from the date the application is filed to formally intervene in the case with the PUC. ETT held two public meetings in Flour Bluff on October 28 and 29, 2013, to explain the project, gather public input, and answer questions from neighbors, stakeholders, and other interested parties regarding route identification and evaluation process. Since those public meetings, it is the understanding of City staff that ETT officials also met with landowners, homeowners and business owners along potential routes, officials from Naval Air Station Corpus Christi, the Flour Bluff Independent School District, as well as representatives of environmental organizations. More than 70 potential route segment locations were initially identified by ETT. Among the potential were five routes in a generally north-south alignment: (1) Rodd Field Road, (2) Flour Bluff Drive, (3) Waldron Road, (4) Laguna Shores Road, and (5) in the Laguna Madre off shore of Laguna Shores Road. Among the potential routes were about five routes in a generally east-west alignment: (1) State Highway 358/South Padre Island Drive, (2) Yorktown Boulevard, (3) along Oso Creek, (4) in the vicinity of Holly Road and (5) through an assortment of residential areas, including Division Street, and Glen Oak. Among the areas of concern voiced by City staff, the public, Navy officials, environmental interests, and other stakeholders about potential transmission line routes were: • Avoid incompatibilities with Navy flight training missions at Naval Air Station Corpus Christi, Truax Field and Waldron Field; • Recommend underground placement of the transmission line in any Clear Zone or Accident Prevention Zone or other area of conflict. • Use existing right-of-way wherever possible to avoid displacing homes or businesses. • Limited damage to or potential relocation of existing municipal infrastructure, including water lines, waste water lines, storm sewers, drainage areas, natural gas lines, fiber optic lines, park facilities, recreation centers, senior Page 2 of 4 community centers, or other service-delivery location. • Prevent a route along high-growth and future-growth corridors identified in comprehensive master plans, long-range infrastructure plans or development agreements which will drive future economic activity and sustainability. • Avoid the Flour Bluff Independent School District campuses along Waldron Road. • Prevent a route along high-voltage power lines through a residential neighborhood decreases the property value of homes and vacant land, decreasing vital tax revenues for local governments, and would present a danger to humans and wildlife. • Avoid to the greatest extent possible, certain routes that cross environmentally sensitive areas, such as wetlands, endangered species, wildlife management areas or refuges, park land, seagrass beds, nesting or spawning habitat. A group of residents in the Glen Oak area of Flour Bluff wrote to members of the City Council recommending an underground route along Flour Bluff Drive because it is one of the least populated routes proposed by ETT. According to the Nueces County Appraisal District, for the entire length of Flour Bluff Drive, there are a total of 210 property owners, including 149 residential and 61 non-residential. This includes the large 2,000 acre parcel of land at the very southern end of Flour Bluff drive (non- residential) and excludes NAS-CC. Once a route is selected, ETT will have to negotiate or condemn land in order to acquire the easement for transmission line. Council should understand that there is no ideal or perfect route to recommend to ETT and the PUC. Any route recommended comes with both positive and negative aspects. The best avenue is to be fully engaged in the deliberations at the PUC so routes the City strongly opposes can be prevented and efforts can be made to mitigate or balance any potential proposed route. ALTERNATIVES: The Council has multiple options: (1) Adopt the resolution with its recommendations and authorize intervening in the CCN application immediately. (2) Wait until ETT makes its CCN application with the PUC before deciding to intervene. (3) Make additional recommendations for potential routes. (4) Make fewer recommendations for potential routes. (5) Make no recommendations for potential routes and do not authorize intervening in the CCN application. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: N/A Page 3 of 4 EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: City Attorney, Development Services, Engineering, Public Works, Environmental Services, Assistant City Managers FINANCIAL IMPACT: ❑ 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 Encumbered / Expended Amount This item BALANCE Comments: The City will likely need to engage outside counsel and possibly consultant services to intervene in the CCN application process with the PUC. Funding for those services will need to be identified and allocated. It is estimated that intervening in the transmission line routing application could cost as much as $50,000. RECOMMENDATION: Staff recommends Council adopt the resolution. LIST OF SUPPORTING DOCUMENTS: 1. ETT Q&A Fact Sheet 2. Potential Route map (October 2013) 3. ETT Routing and Siting Process Document 4. City staff comment letter (August 14, 2013) Page 4 of 4 RESOLUTION Resolution recommending routing priorities for the proposed for the Electric Transmission Texas, LLC, 138-kilovolt (kV) electric power transmission line connecting the Barney Davis Substation to Naval Base Substation near Naval Air Station Corpus Christi; authorizing intervention in the Electric Transmission Texas, LLC, filing with the Public Utility Commission of Texas for the electric transmission line and hiring legal and consulting services. WHEREAS, the Electric Transmission Texas, LLC, is a transmission utility co-owned by subsidiaries of American Electric Power(AEP) and MidAmerican Energy Holdings Company; notified the City of Corpus Christi of a proposed 138-kilovolt(kV) electric power transmission line to address transmission service reliability issues that exist for the Flour Bluff/South Corpus Christi area; and WHEREAS,the line will reportedly provide the necessary support of the area transmission network needed to reduce the possibility of the loss of electric load, particularly during scheduled maintenance outages of autotransformers at the Airline Substation west of Oso Bay; and WHEREAS, at Laguna Substation, ETT is also required to construct a new 138-kV busbar and install a new 138 kV/69 kV-autotransformer; and WHEREAS, in early March 2014, ETT is expected to submit routing recommendations to the Public Utility Commission of Texas (PUC)in an application for a Certificate of Convenience and Necessity (or CCN); and WHEREAS, the PUC will ultimately make the final decision on the route for the new transmission line. ETT projected the in-service date for the new transmission line in the third quarter of 2016; and WHEREAS,the City of Corpus Christi needs to proactively communicate to ETT about its concerns with potential routes and the impacts it could have on neighborhoods, home values, the tax base, city infrastructure, training missions at NAS-Corpus Christi and the environment prior to the company filing its application for a Certificate of Convenience and Necessity with the Public Utility Commission of Texas; and WHEREAS, the City needs to authorize staff to officially intervene in the CCN filing with the PUC so the City's interests can be protected throughout the process and appropriate legal services and consultants can be engaged in a timely manner to protect the City's interests. NOW, THEREFORE, BE IT RESOLVED,that the City of Corpus Christi communicate its concerns first to Electric Transmission Texas prior to its filing with the Public Utility Commission; and BE IT FURTHER RESOLVED,that the City of Corpus Christi officially intervene in the application process for the Certificate of Convenience and Necessity with the Public Utility Commission; and BE IT FURTHER RESOLVED, that the following principles and recommendations be communicated with both ETT and the PUC: • Avoid incompatibilities with Navy flight training missions at Naval Air Station Corpus Christi, Truax Field and Waldron Field; • Recommend underground placement of the transmission line in any Clear Zone or Accident Page 1 of 3 Prevention Zone or other area of conflict. • Use existing right-of-way wherever possible to avoid displacing homes or businesses. • Limit damage to or potential relocation of existing municipal infrastructure, including water lines, waste water lines, storm sewers, drainage areas, natural gas lines, fiber optic lines, park facilities, recreation centers, senior community centers, or other service-delivery location. • Prevent a route along high-growth and future-growth corridors identified in comprehensive master plans, long-range infrastructure plans or development agreements which will drive future economic activity and sustainability. • Avoid the Flour Bluff Independent School District campuses along Waldron Road. • Prevent placement of high-voltage power lines through a residential neighborhood that decreases the property value of homes and vacant land, decreasing vital tax revenues for local governments, and would present a danger to humans and wildlife. • Avoid to the greatest extent possible, certain routes that cross environmentally sensitive areas, such as wetlands, endangered species, wildlife management areas or refuges, park land, seagrass beds, nesting or spawning habitat. PASSED AND ADOPTED this 25th day of February, 2014. APPROVED this 25th day of February, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Corpus Christi, Texas The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 3 SEAL Page 3 of 3 ETT Barney Davis to Laguna 138-kV Transmission Line Project Q. WHY 1S THE PROJECT NEEDED AND WHO BENEFITS? A. The Flour Bluff peninsula area of south Corpus Christi is presently interconnected electrically by 69-kilovolt (kV) transmission lines originating from the west across Oso Bay and from the east from the barrier islands. In November 2009 the Electric Reliability Council of Texas (ERCOT) approved a project to improve electric service reliability in the Flour Bluff area specifically and the Corpus Christi region in general. The project requires Electric Transmission Texas (ETT) to construct a new 1.38-kV transmission line to connect the Barney Davis Substation located at the Barney Davis Plant site (southeast of the intersection of Yorktown Boulevard and Waldron Road) and the Laguna Substation located northeast of the intersection of Hustlin Hornet Drive and Waldron Road. The new line will improve reliability by providing the Flour Bluff peninsula with a direct electrical source from Barney Davis Plant and will complete a 138-kV transmission loop to supply electrical redundancy and to reduce the possibility of electrical problems, particularly during scheduled maintenance outages of autotransformers at Airline Substation west of Oso Bay. At Laguna Substation, ETT is also required to construct a new 138-kV busbar and install a new 138 kV 169 kV-autotransformer. Once completed, this work is expected to improve transmission reliability for residents of the Flour Bluff peninsula and surrounding areas. Q. WHAT IS ERCOT? A. In early 1996, the Public Utility Commission of Texas (PUCT) issued revised rules to incorporate the Texas Legislature's changes to the Public Utility Regulatory Act (PURR) to create an Independent System Operator (ISO). Essentially an ISO is an independent, third-party entity that oversees the activities related to the reliable and safe transmission of electricity within a specified geographic area. However, as part of the electric retail choice implementation by the Texas Legislature, in the case of the ERCOT ISO, it also provides the platform for an open, competitive marketplace in the areas in Texas open to retail competition. Under PURA, the ERCOT ISO is required to perform four primary functions- 1. Ensure non-discriminatory access to the transmission and distribution systems for all electricity buyers and sellers. 2. Ensure the reliability and adequacy of the regional electric network. 3. Ensure that information related to customer retail choice is provided in a timely manner. 4. Ensure that electricity production and delivery are accurately accounted for among all regional generators and wholesale buyers and sellers. Q. WHO IS ETT? A. Electric Transmission Texas, LLC (ETT), co-owned by American Electric Power (AEP) and MidAmerican Energy Holdings Company (MidAmerican), is an electric utility holding a Texas certificate to provide transmission service. AEP is also the parent company of AEP Texas Central Company (AEP TCC). AEP sought a partner to help share in the financing of the significant transmission investments that AEP TCC faced over a period of 10 to 15 years related to wind energy expansion and electrical load growth. The result was a partnership (50% equal ownership) between AEP and MidAmerican. AEP will engineer, construct, and operate these new transmission facilities for ETT. Q. WHAT IS THE PURPOSE OF THE PUBLIC OPEN HOUSE? A. The open houses provide ETT and its routing consultant the opportunity to obtain public input on the route identification and evaluation process, while also providing a venue to inform the public on the project and the routing process. Input received by ETT during an open house is used in possible refinement of the potential route. All public open houses are held in the evening and on days that are not intended to conflict with landowners' availability to attend. Meetings are "come and go" settings with different stations available to discuss different aspects of the proposed transmission line -- from the need for the transmission line to the routing evaluation process. Questionnaires are provided to solicit attendee responses that will also be considered as part of the routing process. Q. WHO APPROVES THE CONSTRUCTION AND ROUTING OF THE LINE? A. ETT`s activities are regulated by the PUCT, which has the ultimate authority to approve the construction and routing of the transmission line. Q. HAS THE TRANSMISSION LINE APPROVAL BEEN OBTAINED? A. ETT has not obtained approval for a route at this time. ETT is currently working with an experienced consultant in routing evaluation and will present the routing results and make recommendations at a later date for the PUCT's consideration and approval. ETT plans on filing its application for a Certificate of Convenience and Necessity (CCN), which is necessary for the PUCT to consider the approval of the line and route, in the summer of 2011. Q. WHAT IS THE PROJECTED IN SERVICE DATE FOR THIS LINE? A. The target in-service date for the transmission line is the end of 2013. 2 Q. HOW LONG WILL IT TAKE TO CONSTRUCT THE TRANSMISSION LINE? A. After receipt of PUCT approval, which is required to build the line, construction is anticipated to take approximately three to five months. Q. WHAT IS THE POTENTIAL IMPACT OF THIS LINE ON LAND USE? A. The impact to land use for this area is expected to be minimal. The routing evaluation process attempts to reasonably minimize the impact to land use by paralleling compatible rights of way and apparent boundary features that separate land use (i.e., what appears to be a potential property boundary). The routing evaluation also attempts to minimize the number of habitable structures close to the potential easements. Q. WHAT IS AN EASEMENT? A. An easement is a legal document that gives a utility the right to use privately owned land for a specific purpose. The landowner retains ownership of the property. The proposed project will require easements to be obtained from landowners on the route approved by the PUCT. Easement rights would be purchased along the path of the transmission line as needed to allow for installation, operation and maintenance of the line. Q. HOW ARE LANDOWNERS IMPACTED BY EASEMENTS? A. Easements provide the utility the ability to clear right-of--way and construct electric facilities within the easement boundaries. Clearing includes the removal of trees and shrubs in the easement that would interfere with the safe operation and maintenance of the transmission line. Erosion control measures are implemented during the clearing and construction process. After ETT has obtained a necessary easement from a landowner, the landowner will be contacted prior to clearing and construction activities. ETT will undertake reasonable efforts to minimize disturbances to the landowner's use of the property and the impact to landowner's property in general during clearing and construction activities. After completing construction of the transmission line, the surface of the easement area will be restored as nearly as possible to its original contours and grades and will be re-vegetated as necessary using native species, while giving consideration to landowner preferences. The landowner may continue to use the easement property, as long as the activity does not interfere with the construction, operation and maintenance of the line and does not jeopardize the safe use of the easement area. The PUCT does require that a new easement restrict the new construction of any above-ground structures within the right-of-way. 3 Q. WHAT WILL BE THE REQUIRED EASEMENT WIDTH? A. A 100-foot wide easement will be typically required. Additional easement area may be required for structure anchors and guy wires as well as multiple structures at line angle locations. Q. WHEN WILL ETT APPROACH THE LANDOWNERS FOR EASEMENTS? A. ETT will only approach landowners after it is assured that the PUCT is going to approve a specific route or has approved a specific route. Only those landowners located on the approved route will be contacted for easements. At this time, ETT does not know which alternative route the PUCT will ultimately approve. Q. WHAT IS A TYPICAL DESCRIPTION OF THE STRUCTURES TO BE BUILT? A. ETT anticipates that the typical structure will be a single pole made of steel. The typical structure height will be about 100 feet above groundline with the span distance between structures normally ranging between 500 to 800 feet. The single pole towers are required to be of this height because ETT complies with the National Electrical Safety Code (NESC) regarding minimum clearances to the ground, roadways, structures, other utility structures, etc. These clearance requirements are for the safety of the general public. Q. ARE THE STRUCTURES SECURE AND SAFE? A. Yes. ETT designs and constructs transmission lines with safety in mind. Materials are used that comply with the strength requirements of all applicable codes, including the NESC (as required by Texas statute) and the American Standard Testing Materials Specifications. ETT's design and construction practices meet or exceed all of these codes and specifications, which were developed in part to protect the general public from electrical shock. Also, if a severe event occurs, such as extreme wind conditions from a thunderstorm, causing an overhead line to break and fall to the ground or upon the pole structure, ETT has in place protective devices to de-energize the line to further protect the general public. However, any downed line should always be avoided. 4 Routing and Siting Process Highlights Determine a need for the project • By utility planners and engineers Define the study area • Based on end points for transmission lines Gather data, identify constraints, propose preliminary alternative route segments • Obtain aerial photos of the study area • Gather property boundary information • Identify environmental/land-use constraints and opportunities • Send letters to federal, state and local agencies requesting information about the study area • Gather information regarding natural, cultural and human resources • Assess easement/right-of-way features/concerns • Evaluate alternative transmission structures Invite public involvement • Notify landowners and interested parties • Advertise open house in newspapers • Hold open house to explain the project and solicit input on preliminary alternative segments • Respond to inquiries • Evaluate public and agency input Refine preliminary alternatives, propose primary alternative routes Evaluate primary alternative routes considering: • Environment • Land use • Engineering • Cost • Feasibility Recommend preferred route and acceptable alternatives to PUCT for consideration per PUCT rules. PUCT has final approval. Y Corpus Christi Ba EXISTING NAVAL BASE SUBSTATION Tbaea n&M- 0 ) Naval Air Station Corpus Christi Corpus Christi 1 , ,°case°° .. 69 e CDS®Baj! _ ♦ 1 ♦67 e 1 � r /)64 65 ,-. r. r ♦ e 55 a Bebnlslaid Dr _ I_ h J _ arsdre ram,uu��. .. - � __. (so}� sz 1 s51 1 s6 s7 —�j-----� 1 .. cos, '>I ,.....,,.._701 44 1 47 49 Laguna a Madre 1 ,_ 1 40 42 —ter a 38 1 J9 1 24 a 1 ����sdk,•,• -�� �.� °, W . „°,. .r'�.aa°aaacaal !DmP&�1 - 1 1 w..,..� W, ,a, ��.ca ,���A. w ,,. � lug 1 1 07 i s 1 �4r� i � °II�YII�I 1 /1 1 - 42 J4 33 1 , --1 a 21 ]1 7Y 1 — — 1 J 99 1 Flour 1 1 e I ) aa _ - 1 Bluff 9D aax 70 ze 0 �� S � z 1 1 ♦ e o / 1 •`II � _ Waldron 1 Airfield a 1 e 1" 1 i.� 1 �t � 1 �',♦ 1 �. ®gi n A 1 4 -� 15 1 7 1 1 � I ,_.. ! 1 12 22 '6 —�;----�C7 --®� E --luu, G Ctsa6� � a 1 Syr°l.J e—® 1 ._. .... ,.. --; Hr,,,a,Ff4r Dw, QeT.R!IrvGUr lJ 2 FL 1 ° ti`7aJ7 a EXISTING BARNEY DAVIS SUBSTATION 0 \PEE j REFUGIOr-----`CALROUN 0 Segment ID L'"E°AR t' 10' � �ARAN5A0'"" BARNEY DAVIS TO NAVAL EASE _I.�_t-...._a 9YM1l — --° Preliminary Route Segment �JIMVUELLSO SANPATftiUO r 138-kV TRANSMISSION LINE Segment End Point 1 1 ueces County, Texas Ya, NPE�w;,+,; IsrOjOCt Existing Transmission Line 0 2,000 4,000 6,000 1 i KLE6ERC cwrar acsaro �"" Feet ®' ETT 0 1 Miles PR®OKS f EOr _j Electric Trensmiss. Texas riaNS August 149 2013 City Of Mr, Derek Green CorPUS Senior Project Manager Atkins North America, Inc. Christi 6504 Bridge Point Park-way, Suite 200 Austin,TX 78730 Re: Proposed Barney Davis to Naval Base 138-k-V Transmission Line Project PLANNOG MMUNMMAL SERVICES Dear Mr. Green: P 0.Box 9277 In response to your letter dated July 29, 2013 requesting environmental or land use concerns Corpus Christi that the City may have regarding the potential environmental effects from the construction of Texas 78469-9277 Phone 361-826-3245 new transmission line facilities between the existing Ba y M. Davis Substation and the ww%v cdexas corn existing Naval Base Substation, the City has investigated this location and determined that issues of significance include: Environmental concerns: • Numerous Surrounding Wetlands • Possible contamination from LP ST sites, spent drilling muds, oil field brines, former chloride spill at BDPP • Endangered species (Whooping crane critical habitat/blue crab spawning-season is Dee®Oct)) • Redhead on Wildlife Management Area • Numerous City Parks • Laguna are • Waldron Field (possible chemical spills, STs, munitions) • Oso Bay/ so Creek-EPA 303(d) listed impaired waters • Hans Suter Wildlife Refuge • Ward Island • Trailing Ponds • Other ecologically sensitive areas i.e. sea grasses • Other critical species habitat, i.e. white and brown shrimp I n a ddition,there are likely height issues related to IC s. Consideration of the City Planning efforts, ie.,Unified Development Code,JLUS, etc. should also be included.The following are links: * The City's Comprehensive Plan: http:�'iw,.A,w.ccte-,as.com/i!overiii-nent,-DianninLy-&-cnvironment;-index * The City's Unified Development Code and Code of Ordinances: ces:,index. click on Zoning • The City's Municipal Code http:/library.municodc.corn/indcx.aspx?clientld ry 13945 Also, please be aware of the City's effort to create compatible land use around the four City Airports: www.ccjlus,com In response to your question regarding permits the City may require, the City of Corpus Christi Development Services had the following comments: • No building permits would be needed. • ETT probably needs an agreement with the City to use its right-of-way. AEP has one,but ETT will likely need one. Otherwise, Use Privilege Agreements would be needed in every instance that ETT's infrastructure is located in City ROW. • ETT must obtain easements through City-owned property(e.g.parks). Proposed development or construction in the area includes: • .IFK Causeway Improvements • Waldron Road Improvements from Airdome Drive to Caribbean Drive • Flour Bluff Solid Waste Collection System • Laguna Shores Forced Main Replacement • Wranosky State Park Project at Graham Road The City appreciates the efforts of the Atkins North America, Inc. and Electric Transmission Texas in collecting and evaluating environmental data of the study area and the opportunity to provide comments which will be considered in both the selection and evaluation of alternative routes,as well as in the assessment of impacts. Once a route has been delineated, we will be available to provide more specific information and to review any proposed routes. Please feel free to contact me if you require additional information. Sincerely, Pete Anaya, P.E. Director of Planning and Environmental Services City of Corpus Christi SC A AGENDA MEMORANDUM aPU ° First Reading Ordinance for the City Council Meeting of February 11, 2014 1852 Second Reading Ordinance for the City Council Meeting of February 25, 2014 DATE: February 6, 2014 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director, Solid Waste Operations LawM(a)-cctexas.com 361-826-1972 Litter Ordinance Consolidation CAPTION: Ordinance establishes Chapter 22, Code of Ordinances titled "Litter'; amending Chapters 10,14,19, 21 and 23; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. PURPOSE: The purpose of this ordinance is to consolidate existing City ordinances addressing litter into a single ordinance. BACKGROUND AND FINDINGS: City Staff was directed to consolidate various ordinances addressing litter into a single unified ordinance. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms with policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Solid Waste Operations, Parks and Recreation, Police Department, City Attorney, Neighborhood Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) Comments: None. RECOMMENDATION: Staff recommends passage of ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance, Promotional Campaign. Ordinance establishing Chapter 22, Code of Ordinances titled "Litter"; amending Chapters 10, 14, 19, 21, and 23; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. Now, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That Chapter 22, Code of Ordinances, shall read as follows: Sec. 22-1. Definitions. As used in this chapter, the following terms shall mean: Bulky items means the following large items that have been specifically authorized for collection of specified days under Section 21-14: indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. 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. Construction site owner means the person who owns or leases the premises on which a construction activity that is regulated by this chapter is being conducted. Contractor means the person has obtained a permit required by this chapter, and includes a builder, electrician, mechanical contractor, plumber, roofer, or other member of a construction trade. This definition includes subcontractors of the contractor and the employees of the contractor and subcontractors. Department means The Solid Waste Operations Department of the City of Corpus Christi. 1 Director means The Director of Solid Waste Operations of the City of Corpus Christi, or a designated representative of the director. Dumpster means a container, which holds more than one (1) cubic yard, used to store solid waste until it is collected for disposal. The term also includes roll-on/roll-off containers that are used to transport solid waste on vehicle chassis. Food establishment means any place where food is prepared and intended for individual portion service, including the site at which individual portions are provided, regardless of whether consumption is on or off the premise and whether there is a charge for the food. The term does not include private homes where food is prepared or served for individual family consumption; a private group preparing and serving food for its own consumption; food vending machines; and supply vehicles. Litter means: (a) decayable waste from a public or private establishment, residence, or restaurant, including animal and vegetable waste material from a market or storage facility handling or storing produce or other food products, or the handling, preparation, cooking, or consumption of food, but not including sewage, body wastes, or industrial by-products; or (b) nondecayable solid waste, except ashes, that consists of: (i) combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials; (ii) noncombustible waste material, including glass, crockery, tin or aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures of 1800 degrees Fahrenheit or less; and (iii) discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal. Mil means a unit of length equal to one-thousandth of an inch (0.0254 mm). Person means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States government, a state, a municipality, commission, political subdivision, or any international or interstate body or any other governmental entity. 2 Places of public accommodation means any physical structure and the entire premises, lot, or parcel of land on which the structure is situated, including the outside seating areas, parking areas, driveways, and vehicle entrances and exits. Plastic checkout bag means a checkout bag that is made of plastic which is provided by a business to a customer typically at the point of sale for the purpose of transporting goods after shopping and is less than four(4) mils in thickness. Refuse means a mixture of garbage, rubbish, and other waste that is normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. The term does include the containers and packaging materials for construction materials. Rubbish means non-decayable solid waste, excluding ashes, which consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Solid waste means garbage, rubbish, yard waste, heavy brush, debris, and construction/demolition materials. Sec. 22-2 Littering prohibited in public places. (a) No person may deposit or permit to be deposited any excrement, offal, urine, litter, or other kind of solid waste in any public place in the city, unless properly placed in a conventional refuse receptacle or for collection by solid waste services or a private solid waste collection service at a location designated by the director of solid waste services. (b) For the purposes of this section, the following are declared to be public places: (1) All rights-of-way, including street and drainage right-of-ways. (2) Sidewalks, trails, paths, passageways, and walkways generally used by pedestrians. (3) Parks. (4) Municipal piers and boat ramps. (5) Places of public accommodation situated within the corporate limits of 3 the city, such as those utilized for religious worship, educational purposes, or where people congregate or assemble for business, pleasure, or amusement purposes. (c) "Conventional refuse receptacle" and "solid waste" within this section have the meanings defined in section 21-1 of this Code. (d) "Deposit"within this section means to drop, cast, throw, place, release, blow, spill, or dump. (e) "Properly placed" within this section means the discarding of litter or other solid waste so that the litter or solid waste does not protrude above the top of the conventional refuse receptacle. Sec. 22-3. Littering, public beaches. No person shall litter any public beach. Sec. 22-4. Littering, construction sites. (a) A contractor or construction site owner may not allow any litter to accumulate on the construction site except in a refuse receptacle. (b) A contractor or construction site owner may not throw or allow any litter to blow upon or be washed into the streets, drainage ditches, or storm water sewers of the city; onto any adjacent property; or into any body of water within the city. (c) It is a defense to prosecution that the contractor or construction site owner picked up any litter that accidentally blew or was washed into the street, a drainage ditch, storm water sewer, onto another's property, or a body of water and properly placed the litter into a receptacle. Sec. 22-5. Littering, food establishments. (a) For the purpose of the public peace, health, safety, morals and general welfare, the entire premises occupied by a business or commercial establishment, including the outside seating areas, parking area, driveway, and vehicle entrances and exits, is declared to be a public place, and that it is contrary to the public peace, safety, morals, health and general welfare of the community to permit litter on such public place. (b) The owner or manager of every food establishment shall keep the streets and premises adjacent to the food establishment free from all scraps and litter accumulating on account of the business conducted at the food establishment or dropped or left by customers of the establishment. (c) The entire yard and premises occupied by a food establishment shall at all times be kept 4 in a clean and sanitary condition and free from filth, exposed refuse or garbage and free from trash and rubbish. (d) Every operator of a drive-in restaurant or eating place shall keep the premises of such establishment free of paper and trash of any nature so as to prevent the same from blowing into the streets of the city or onto any other property. (e) In addition to the specific requirements of this article, all parts of a food establishment and all equipment and other things contained therein shall be well washed or scrubbed as often as may be necessary to maintain cleanliness. (f) The owner or operator of a business or commercial establishment shall provide on the premises sufficient refuse receptacles to keep the premises clean, but not less than two (2) receptacles for the receipt of litter available to its patrons or customers. If more than two (2) receptacles are required to hold all of the litter from the premises, the owner or operator shall furnish such additional number of receptacles as is necessary to contain the litter. (g) It shall be unlawful for any patron or customer of a business or commercial establishment to throw or deposit any litter on the premises of the business or commercial establishment except in the receptacles provided. (h) It is unlawful for any customer or patron of a business or commercial establishment to throw or allow any litter to blow upon the streets of the city or upon private property in the city. (i) It is a defense to prosecution that the patron or customer picked up any litter, which accidentally blew into the street or on to another property, and properly placed it into a receptacle. Q) The owner or the operator of the business or commercial establishment shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled, and place same in receptacles within thirty (30) minutes after daily closing time of such business or commercial establishment. (k) If the business or commercial establishment operates continuously without closing, then the owner or operator shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled, and place it in receptacles at 11:00 a.m. and 11:00 p.m. of each day. (I) It shall further be the duty of said owner or operator to prevent any litter on the premises from being blown upon or being permitted to come to rest upon the streets of the city or upon any private property in the city. 5 Sec. 22-6. Litter and solid waste prohibited on lots. (a) No person who owns or occupies any lot or parcel of land in the city may permit or allow litter, solid waste, inoperative or abandoned household appliances, furniture, or any other unsightly, objectionable, or unsanitary matter to accumulate on the lot or parcel of land, unless placed for collection by solid waste services or a private solid waste collection service at a location designated by the director of solid waste services and in accordance with Chapter 21 of this Code. (b) "Household appliance" within this section has the meaning defined in Section 21-1 of this Code. Sec. 22-7. Work or Improvements by Municipality. (a) If an owner of property fails to comply with a municipal ordinance or requirement relating to stagnant water, filth, carrion, weeds, rubbish, brush, diseased trees, and other objectionable, unsightly, unwholesome, or unsanitary matter, or any other condition under this chapter within seven (7) days of notice of a violation, the City may: (1) do the work or make the improvements required; and (2) pay for the work done or improvements made and charge the expenses to the owner of the property. (b) The notice may be given: (1) personally to the owner in writing; (2) by certified letter, sent by priority certified mail return receipt requested, addressed to the owner at the owner's address as recorded in the records of the appraisal district in which the property is located; or (3) if personal service cannot be obtained, notice to the property owner may be: i. by publication at least once; ii. by posting the notice on or near the front door of each building on the property to which the violation relates; or iii. by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (c) If the City mails a notice to a property owner in accordance with subsection (b)(2) of this section and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered delivered. (d) In a notice provided under this section, the City may inform the owner by regular 6 mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the City may correct the violation, without further notice, at the owner's expense and assess the expense against the owner's property. If a violation covered by a notice under this subsection occurs within the one-year period, and the City has not been informed in writing by the owner of an ownership change, then the City, without notice, may take any action permitted by subsections (a)(1) and (2) and assess expenses as provided by Section 22-8. Sec. 22-8. Assessment of expenses; lien. (a) The city may assess expenses incurred under section 22-7 against the real estate on which the work is done or improvements made. (b) To obtain a lien against the property, the City shall file a statement of expenses incurred by the city with the County Clerk of Nueces County. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. (c) The lien obtained by the City is security for the expenditures made and interest accruing at the rate of ten (10) per cent on the amount due from the date of payment by the City. (d) The lien is inferior only to: (1) Tax liens; and (2) Liens for street improvements. (e) The City Attorney may bring a suit for foreclosure in the name of the City to recover the expenditures and interest due. (f) The City Attorney may foreclose a lien on property under this section in a proceeding relating to the property brought under Subchapter E, Chapter 33, of the Tax Code, as it may be amended. (g) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the City in doing the work or making the improvements. (h) The remedy provided by this section is in addition to any fines or civil penalties that may be assessed. Sec. 22-9. Establishment of offenses. Any person who violates any of the provisions of this article shall be guilty of a misdemeanor. In case the owner or occupant of any lot or premises under the provisions of this article shall be a corporation, and shall violate any provision of 7 this article, the president, vice-president, secretary or treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for any penalty. Sec. 22-10. No plastic checkout bags on city property Beginning twelve months from the date this ordinance takes effect, no person may provide plastic checkout bags at any City facility, City-sponsored event, or any event held on City property. Sec. 22-11. Pet waste (a) The owner or any person in control of of an animal is required to remove any feces deposited by the animal on public or private property. (b) Feces deposited by an animal on public property or upon the private property of any person other than the animal's owner must be collected and removed at once by the animal's owner or any person in control of said animal. Animal feces deposited upon any other property must be collected and removed daily. (c) Collection and removal of animal feces must be in a container of a type that, when closed, is rat-proof and airtight. The container must be kept closed after each collection and, at least once a week all collected feces must be disposed of in a manner that does not to permit fly breeding or other unhealthy conditions. Sec. 22-12. Covering loads Loads being transported inside city limits must be secured as required by Chapter 725, Texas Transportation Code, as amended. Sec. 22-13. Rules. The Director may adopt rules necessary for the administration of this article. The Director is authorized to take actions necessary to administer this article, to develop all rules and procedures necessary to administer all provisions of this article; and to develop maintenance programs consistent with this article. Sec. 22-14. Penalties for violation of this chapter. (a) Any person that intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this chapter shall, upon conviction, be guilty of a Class C misdemeanor, punishable, as provided in Section 1-6 of the Code of 8 Ordinances, by a fine of not more than one thousand dollars ($1,000.00) per violation per day. (b) In the event of a second conviction for a violation under any provision of this chapter, a person shall be punished, as provided in Section 1-6 of the Code of Ordinances, by a fine of not less than one thousand dollars ($1,000.00) and no more than two thousand dollars ($2,000.00) per violation per day. (c) In the event of a third conviction for a violation under any provision of this chapter, a person shall be punished, as provided in Section 1-6 of the Code of Ordinances, by a fine of two thousand dollars ($2,000.00) per violation per day. Any subsequent conviction shall also carry a fine of two thousand dollars ($2,000.00) per violation per day. (d) Any city official or other city employee with code or law enforcement authority may issue a citation for any violation of this ordinance. (e) Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 2. Amending Chapter 10 Article VI, "MANAGEMENT OF THE PUBLIC BEACH," under Chapter 10 of the Corpus Christi Code of Ordinances, is amended by deleting Section 10-57 and by renumbering accordingly. SECTION 3. Amending Chapter 14 Article IX, "CONTROL OF SOLID WASTE AT CONSTRUCTION SITES," under Chapter 14 of the Corpus Christi Code of Ordinances, is amended by deleting Section 14-904, and by renumbering accordingly. SECTION 4. Amending Chapter 19 Article I, "SANITATION REGULATIONS FOR ALL FOOD ESTABLISHMENTS" under Chapter 19 of the Corpus Christi Code of Ordinances, is amended by deleting Sections 19-8 and 19-12, and by renumbering accordingly. SECTION 5. Amending Chapter 21 Article V, "BUSINESS OR COMMERCIAL ESTABLISHMENTS" under Chapter 21 of the Corpus Christi Code of Ordinances, is amended by deleting Sections 21-50 to 21-53, and by renumbering accordingly. 9 SECTION 6. Amending Chapter 23 Article III, "UNHEALTHFUL OR DANGEROUS CONDITIONS," under Chapter 23 of the Corpus Christi Code of Ordinances, is amended by deleting Section 23-63, Section 23-69, and Section 23-72, and by renumbering accordingly. SECTION 7. All parts of this Ordinance take effect ninety days after its passage, except Section 22-10, which goes takes effect one year after its passage. SECTION 8. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed to the extent that it is in conflict by this ordinance. SECTION 9. 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 10. 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. 10 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 2014 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 , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 11 Ordinance establishin Chapter 22, Code of Ordinances titled "Litter"; amending Chapters 10, 14, 19, 21, and 23; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. Now, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That Chapter 22, Code of Ordinances, shall read as follows: Sec. 22-1. Definitions. As used in this chapter, the following terms shall mean: Bulky items means the following large items that have been specifically authorized for collection of specified days under Section 21-14: indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. 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. Construction site owner means the person who owns or leases the premises on which a construction activity that is regulated by this chapter is being conducted. Contractor means the person has obtained a permit required by this chapter, and includes a builder, electrician, mechanical contractor, plumber, roofer, or other member of a construction trade. This definition includes subcontractors of the contractor and the employees of the contractor and subcontractors. Department means The Solid Waste Operations Department of the City of Corpus Christi. 1 Director means The Director of Solid Waste Operations of the City of Corpus Christi, or a designated representative of the director. Dumpster means a container, which holds more than one (1) cubic yard, used to store solid waste until it is collected for disposal. The term also includes roll-on/roll-off containers that are used to transport solid waste on vehicle chassis. Food establishment means any place where food is prepared and intended for individual portion service, including the site at which individual portions are provided, regardless of whether consumption is on or off the premise and whether there is a charge for the food. The term does not include private homes where food is prepared or served for individual family consumption; a private group preparing and serving food for its own consumption; food vending machines; and supply vehicles. Litter means: (a) decayable waste from a public or private establishment, residence, or restaurant, including animal and vegetable waste material from a market or storage facility handling or storing produce or other food products, or the handling, preparation, cooking, or consumption of food, but not including sewage, body wastes, or industrial by-products; or (b) nondecayable solid waste, except ashes, that consists of: (i) combustible waste material, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, or similar materials; (ii) noncombustible waste material, including glass, crockery, tin or aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures of 1800 degrees Fahrenheit or less; and (iii) discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal. Mil means a unit of length equal to one-thousandth of an inch (0.0254 mm). Person means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States government, a state, a municipality, commission, political subdivision, or any international or interstate body or any other governmental entity. 2 Places of public accommodation means any physical structure and the entire premises, lot, or parcel of land on which the structure is situated, including the outside seating areas, parking areas, driveways, and vehicle entrances and exits. Plastic checkout bag means a checkout bag that is made of plastic which is provided by a business to a customer typically at the point of sale for the purpose of transporting goods after shopping and is less than four(4) mils in thickness. Refuse means a mixture of garbage, rubbish, and other waste that is normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. The term does include the containers and packaging materials for construction materials. Rubbish means non-decayable solid waste, excluding ashes, which consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Solid waste means garbage, rubbish, yard waste, heavy brush, debris, and construction/demolition materials. Sec. 22-2 Littering prohibited in public places. (a) No person may deposit or permit to be deposited any excrement, offal, urine, litter, or other kind of solid waste in any public place in the city, unless properly placed in a conventional refuse receptacle or for collection by solid waste services or a private solid waste collection service at a location designated by the director of solid waste services. (b) For the purposes of this section, the following are declared to be public places: (1) All rights-of-way, including street and drainage right-of-ways. (2) Sidewalks, trails, paths, passageways, and walkways generally used by pedestrians. (3) Parks. (4) Municipal piers and boat ramps. (5) Places of public accommodation situated within the corporate limits of 3 the city, such as those utilized for religious worship, educational purposes, or where people congregate or assemble for business, pleasure, or amusement purposes. (c) "Conventional refuse receptacle" and "solid waste" within this section have the meanings defined in section 21-1 of this Code. (d) "Deposit"within this section means to drop, cast, throw, place, release, blow, spill, or dump. (e) "Properly placed" within this section means the discarding of litter or other solid waste so that the litter or solid waste does not protrude above the top of the conventional refuse receptacle. Sec. 22-3. Littering, public beaches. No person shall litter any public beach. Sec. 22-4. Littering, construction sites. (a) A contractor or construction site owner may not allow any litter to accumulate on the construction site except in a refuse receptacle. (b) A contractor or construction site owner may not throw or allow any litter to blow upon or be washed into the streets, drainage ditches, or storm water sewers of the city; onto any adjacent property; or into any body of water within the city. (c) It is a defense to prosecution that the contractor or construction site owner picked up any litter that accidentally blew or was washed into the street, a drainage ditch, storm water sewer, onto another's property, or a body of water and properly placed the litter into a receptacle. Sec. 22-5. Littering, food establishments. (a) For the purpose of the public peace, health, safety, morals and general welfare, the entire premises occupied by a business or commercial establishment, including the outside seating areas, parking area, driveway, and vehicle entrances and exits, is declared to be a public place, and that it is contrary to the public peace, safety, morals, health and general welfare of the community to permit litter on such public place. (b) The owner or manager of every food establishment shall keep the streets and premises adjacent to the food establishment free from all scraps and litter accumulating on account of the business conducted at the food establishment or dropped or left by customers of the establishment. (c) The entire yard and premises occupied by a food establishment shall at all times be kept 4 in a clean and sanitary condition and free from filth, exposed refuse or garbage and free from trash and rubbish. (d) Every operator of a drive-in restaurant or eating place shall keep the premises of such establishment free of paper and trash of any nature so as to prevent the same from blowing into the streets of the city or onto any other property. (e) In addition to the specific requirements of this article, all parts of a food establishment and all equipment and other things contained therein shall be well washed or scrubbed as often as may be necessary to maintain cleanliness. (f) The owner or operator of a business or commercial establishment shall provide on the premises sufficient refuse receptacles to keep the premises clean, but not less than two (2) receptacles for the receipt of litter available to its patrons or customers. If more than two (2) receptacles are required to hold all of the litter from the premises, the owner or operator shall furnish such additional number of receptacles as is necessary to contain the litter. (g) It shall be unlawful for any patron or customer of a business or commercial establishment to throw or deposit any litter on the premises of the business or commercial establishment except in the receptacles provided. (h) It is unlawful for any customer or patron of a business or commercial establishment to throw or allow any litter to blow upon the streets of the city or upon private property in the city. (i) It is a defense to prosecution that the patron or customer picked up any litter, which accidentally blew into the street or on to another property, and properly placed it into a receptacle. Q) The owner or the operator of the business or commercial establishment shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled, and place same in receptacles within thirty (30) minutes after daily closing time of such business or commercial establishment. (k) If the business or commercial establishment operates continuously without closing, then the owner or operator shall clean the premises and remove all litter therefrom and from any street or other premises to which said litter has traveled, and place it in receptacles at 11:00 a.m. and 11:00 p.m. of each day. (I) It shall further be the duty of said owner or operator to prevent any litter on the premises from being blown upon or being permitted to come to rest upon the streets of the city or upon any private property in the city. 5 Sec. 22-6. Litter and solid waste prohibited on lots. (a) No person who owns or occupies any lot or parcel of land in the city may permit or allow litter, solid waste, inoperative or abandoned household appliances, furniture, or any other unsightly, objectionable, or unsanitary matter to accumulate on the lot or parcel of land, unless placed for collection by solid waste services or a private solid waste collection service at a location designated by the director of solid waste services and in accordance with Chapter 21 of this Code. (b) "Household appliance" within this section has the meaning defined in Section 21-1 of this Code. Sec. 22-7. Work or Improvements by Municipality. (a) If an owner of property 'i "9 , Fails to comply with a municipal ordinance or requirement relating to stagnant water, filth, carrion, weeds, rubbish, brush, diseased trees, and other objectionable, unsightly, unwholesome, or unsanitary matter, or any other conditions under this chapter within seven (7) days of notice of a violation, the City may: (1) do the work or make the improvements required; and (2) ay for the work done or improvements made and charge the expenses to the owner of the property. (b) The notice ma be given: (1) ersonally to the owner in writing; (2) b y certified letter, sent b�priority certifiied mail return recei t re uested, addressed to the owner at the owner's address as recorded in the records of the appraisal district in which the property is located; or (3) ilf personal service cannot be obtained, notice to the property owner wmst May be: i. by publication at least once; ii. by posting the notice on or near the front door of each building on the property to which the violation relates; or iii. by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. (c) If the Cit mails a notice to a property owner in accordance with subsection (b)(2) of this section and the United States Postal Service returns the notice as "refused" or 6 "unclaimed," the validity of the notice is not affected and the notice is considered delivered. (d) In a notice provided under this section, the Cit may inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the Cit G #"e��, may correct the violation, without further notice, at the owner's expense and assess the expense against the owner's property. If a violation covered by a notice under this subsection occurs within the one-year period, and the esig e, Cit has not been informed in writing by the owner of an ownership change, then the Cit without notice, may take any action permitted by subsections (a)(1) and (2) and assess expenses as provided by Section 22-8. Sec. 22-8. Assessment of expenses; lien. (a) The city may assess expenses incurred under section 22-7 against the real estate on which the work is done or improvements made. (b) To obtain a lien against the property, the t-_City shall file a statement of expenses incurred by the city with the County Clerk of Nueces County. The lien statement must state—the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. (c) The lien obtained by the GCity is security for the expenditures made and interest accruing at the rate of ten (10) per cent on the amount due from the date of payment by the GCity. (d) The lien is inferior only to: (1) Tax liens; and (2) Liens for street improvements. (e) The Ceity ,Attorney may bring a suit for foreclosure in the name of the GCity to recover the expenditures and interest due. (f) The GCity ,Attorney may foreclose a lien on property under this section in a proceeding relating to the property brought under -subchapter E, CGhapter 33, of the Tax Code, as it may be amended. (g) The statement of expenses or a certified copy of the statement is prima facie proof of 7 the expenses incurred by the CGity in doing the work or making the improvements. (h) The remedy provided by this section is in addition to any fines or civil penalties that may be assessed. Sec. 22-9. Establishment of offenses. Litter and- c91id waste prahmWip- l an 'afi; Any person who violates any of the provisions of this article shall be guilty of a misdemeanor. In case the owner or occupant of any lot or premises under the provisions of this article shall be a corporation, and shall violate any provision of this article, the president, vice-president, secretary or treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for any penalty. Sec. 22-10. No Plastic Carryout Bags on City Property Beginning twelve months from the date this ordinance takes effect, no person may provide plastic checkout bags at any City facility, City-sponsored event, or any event held on City property. Sec. 22-11. Pet Waste (a) The owner or any person in control of of an animal--is required to remove any feces deposited by the ^\^mss animal on public or private property. (b) Feces deposited by an animal on public property or upon the private property of any person other than the animal's owner must be collected and removed at once by the animal's owner or any person in control of said animal. Animal feces deposited upon any other property must be collected and removed daily. (c) Collection and removal of animal feces must be in a container of a type that, when closed, is rat-proof and airtight. The container must be kept closed after each collection and, at least once a week all collected feces must be disposed of in a manner that does not to permit fly breeding or other unhealthy conditions. Sec. 22-12. Covering Loads 8 t � e ve"ale Loads being transported inside city limits_must be secured as required by Chapter 725, Texas Transportation Code, as amended. Sec. 22-13. Rules. The Director adopt rules —necessary for the administration of this article. The Director is authorized to take actions necessary to administer ristp article to ; develo all rules and procedures necessary to administer all provisions of this article; and to develo maintenances programs consistent with this article. Sec. 22-14. Penalties for violation of this chapter. (a) Any person that intentionally, knowingly, recklessly, or with criminal negligence violates any provision of this chapter shall, upon conviction, be guilty of a Class C misdemeanor, punishable, as provided in Section 1-6 of the Code of Ordinances, by a fine of not more than one thousand dollars ($1,000.00) per violation per day. (b) In the event of a second conviction for a violation under any provision of this chapter, a person shall be punished, as provided in Section 1-6 of the Code of Ordinances, by a fine of not less than one thousand dollars ($1,000.00) and no more than two thousand dollars ($2,000.00) per violation per day. (c) In the event of a third conviction for a violation under any provision of this chapter, a person shall be punished, as provided in Section 1-6 of the Code of Ordinances, by a fine of two thousand dollars ($2,000.00) per violation per day. Any subsequent conviction shall also carry a fine of two thousand dollars ($2,000.00) per violation per day. 9 (G)ij.',............Any city official or other cit em loyee with code or law enforcement authority may issue a citation for any violation of this ordinance. (d)� Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 2. Amending Chapter 10 Article VI, "MANAGEMENT OF THE PUBLIC BEACH," under Chapter 10 of the Corpus Christi Code of Ordinances, is amended by deleting Section 10-57 and by renumbering accordingly. SECTION 3. Amending Chapter 14 Article IX, "CONTROL OF SOLID WASTE AT CONSTRUCTION SITES," under Chapter 14 of the Corpus Christi Code of Ordinances, is amended by deleting Section 14-904a and b y renumbering accordingly. SECTION 4. Amending Chapter 19 Article I, "SANITATION REGULATIONS FOR ALL FOOD ESTABLISHMENTS" under Chapter 19 of the Corpus Christi Code of Ordinances, is amended by deleting Sections 19-8 and 19-12,and b renumbering accordingly. SECTION 5. Amending Chapter 21 Article V, "BUSINESS OR COMMERCIAL ESTABLISHMENTS" under Chapter 21 of the Corpus Christi Code of Ordinances, is amended by deleting Sections 21-50 to 21-53,and by renumbering accordingly. SECTION 56. Amending Chapter 23 Article III, "UNHEALTHFUL OR DANGEROUS CONDITIONS," under Chapter 23 of the Corpus Christi Code of Ordinances, is amended by deleting Section 23-63, Section 23-69, and Section 23-72a and b y renumbering accordingly. Sestien.SECTION 7. T";° +ako63 offeGt RiRet , days afteF its passage All parts of this ordinance take effect ninety days after its passage, except Section 22-10, which goes takes effect one year after its passage. 10 S°�-'rSECTION 8. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed to the extent that it is in conflict by this ordinance. Sestien R SECTION 9. 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. SestienASECTION 10. 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. 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 2014 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 , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 12 2/19/2014 TRANSPORTATION CODE CHAPTER 725.TRANSPORTATION OF LOOSE MATERIALS TRANSPORTATION CODE TITLE 7 . VEHICLES AND TRAFFIC SUBTITLE J. MISCELLANEOUS PROVISIONS CHAPTER 725 . TRANSPORTATION OF LOOSE MATERIALS SUBCHAPTER A. GENERAL PROVISIONS Sec . 725 . 001 . DEFINITIONS . In this chapter : ( 1 ) "Load" means a load of loose material . ( 2 ) "Loose material " means material that can be blown or spilled from a vehicle because of movement or exposure to air, wind currents , or other weather . The term includes dirt, sand, gravel , refuse, and wood chips but excludes an agricultural product in its natural state . ( 3 ) "Motor vehicle" has the meaning assigned by Section 621 . 001 . ( 4 ) "Public highway" includes a public road or street . ( 4-a) "Refuse" means trash, rubbish, garbage, or any other discarded material . ( 5 ) "Semitrailer" has the meaning assigned by Section 621 . 001 . ( 6 ) "Trailer" has the meaning assigned by Section 621 . 001 . ( 7 ) "Vehicle" has the meaning assigned by Section 621 . 001 . Acts 1995, 74th Leg . , ch . 165, Sec . 1 , eff . Sept . 1 , 1995 . Amended by : Acts 2007 , 80th Leg . , R . S . , Ch . 800 , Sec . 1 , eff . September 1 , 2007 . Sec . 725 . 002 . APPLICABILITY . This chapter applies to any motor vehicle, trailer, or semitrailer operated on a public highway except a vehicle or construction or mining equipment that is : ( 1 ) moving between construction barricades on a public http://vAAw.statutes.leg is.state.b(.us/Docs/TN/htm/TN.725.htm 1/3 2/19/2014 TRANSPORTATION CODE CHAPTER 725.TRANSPORTATION OF LOOSE MATERIALS works project; or ( 2 ) crossing a public highway . Acts 1995, 74th Leg . , ch . 165, Sec . 1 , eff . Sept . 1 , 1995 . Amended by : Acts 2007 , 80th Leg . , R . S . , Ch . 800 , Sec . 2 , eff . September 1 , 2007 . Sec . 725 . 003 . OFFENSE; PENALTY . (a) A person or the person ' s agent or employee may not transport loose material in violation of this chapter . (b) A person, excluding this state or a political subdivision of this state but including an agent or employee of this state or a political subdivision of this state, commits an offense if the person violates Subsection (a) . (c ) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $500 . Acts 1995, 74th Leg . , ch . 165, Sec . 1 , eff . Sept . 1 , 1995 . Amended by : Acts 2005, 79th Leg . , Ch . 938 , Sec . 1 , eff . September 1 , 2005 . Acts 2007 , 80th Leg . , R . S . , Ch . 800 , Sec . 3, eff . September 1 , 2007 . SUBCHAPTER B . REQUIREMENTS FOR TRANSPORTING LOOSE MATERIALS Sec . 725 . 021 . CONTAINING LOOSE MATERIALS . ( a) A vehicle subject to this chapter shall be equipped and maintained as required by this section to prevent loose material from escaping by blowing or spilling . (b) A vehicle bed carrying a load : ( 1 ) may not have a hole, crack, or other opening through which loose material can escape; and ( 2 ) shall be enclosed: (A) on both sides by side panels ; (B) on the front by a panel or the vehicle cab; and (C) on the rear by a tailgate or panel . (c ) Except as provided by Subsection ( e) , the load shall be http://vAAw.statutes.leg is.state.tx.us/Docs/TN/htm/TN.725.htm 2/3 2/19/2014 TRANSPORTATION CODE CHAPTER 725.TRANSPORTATION OF LOOSE MATERIALS covered and the covering firmly secured at the front and back, unless the load: ( 1 ) is completely enclosed by the load-carrying compartment ; or ( 2 ) does not blow from or spill over the top of the load- carrying compartment . (d) The tailgate of the vehicle shall be securely closed to prevent spillage during transportation . (e ) If the vehicle is a commercial motor vehicle transporting loose material , the load shall be covered and the covering firmly secured at the front and back or shall be completely enclosed by the load-carrying compartment . For purposes of this section, "commercial motor vehicle" means a motor vehicle, trailer, or semitrailer used primarily in the business of transporting property . Acts 1995, 74th Leg . , ch . 165, Sec . 1 , eff . Sept . 1 , 1995 . Amended by : Acts 2005, 79th Leg . , Ch . 938 , Sec . 2 , eff . September 1 , 2005 . Acts 2007 , 80th Leg . , R . S . , Ch . 800 , Sec . 4 , eff . September 1 , 2007 . Sec . 725 . 022 . MAINTAINING NON-LOAD-CARRYING VEHICLE PARTS . (a) Loose material that is spilled because of loading on a vehicle part that does not carry the load shall be removed before the vehicle is operated on a public highway . (b) After the vehicle is unloaded and before the vehicle is operated on a public highway, residue of transported loose material on a vehicle part that does not carry the load shall be removed from the vehicle part . Acts 1995, 74th Leg . , ch . 165, Sec . 1 , eff . Sept . 1 , 1995 . http://vAAw.statutes.leg is.state.tx.us/Docs/TN/htm/TN.725.htm 3/3 "Leave It Better than You Found It" External Communications Marketing Tools Beach Initiative •Parks signage •Rolling stock •Parking permits •Building clings •Bag stations •Truck wraps •PD Spring Break •Magnetic truck signs •Message boards •Car bags •Receptacles •Promotional items •Utility bill insert •Augmented reality scavenger hunt •Entrance signage Community Outreach •Business oDecals o Receipts o Pledge/Partner •Schools oContests oClean campus awards •Events oLitter plan oReused ord. oSandwich signs oSpeakers bureau Paid Media •Billboards •Television •Radio •Digital (Local news media) •Social media •Newspaper •Mobile applications Earned Media •News conference kick-off •Augmented reality scavenger hunt •News releases •Special event •Opinion editorials •Letters to the editor J May be used in conjunction with CCIA, CC Hooks, SMG, La Palmera and RTA "It Starts with Us" Internal Communications er than ) City of Corpus Christi Litter Ordinance Marketing Tools •Internal newsletter •Internal PSA •Signage •Pledge Earned Media •New conference kick-off •News releases •Opinion editorials •Letters to the editor Enforcement •Ordinance •Fines Enforcement •Awards •Citations Recap: Chapter 22 "Litter" Ordinance Education/Communication Metrics • January 28th Council meeting we presented five focus areas: Improvements, Enforcement, Education, Awareness, Ordinances • February 11th Council meeting we presented Chapter 22 "Litter", consolidated ordinance, including our Education /Communication metrics chart • Today we present: Chapter 22 "Litter" Ordinance - redline version Base Ordinance Communication Plan Metrics Phone Survey Plan Litter Survey Plan 2/11-3/31 Base Litter Ordinance Metrics Plan "Leave It Better Than You Found It"& "It Starts with Us" April May June -Aug Monitor pledges, rewards and citations Leave it betterthan You Found It Sept -Nov Dec Jan -Feb enitorA un ber a bas t e€ta € er its issued Base survey, pre uy aria ysis, socia me a is engagement, o ow -up survey mo e e app c is s; post -e yang ysis Internal Marketing Tools Pledge signatures, rewards, and citations issued Earned_ _ed_ia Internal & External Mediu impressions earned =,4g_Claimed int ationVpermits issued F aid Medea Pre &-Post-buy analyses; engagement on social media & mobile apps; base and follow-up studies (surveys) Phone Surveys • First Survey: March/April 2014 time frame • Second Survey: February/March 2015 time frame • Approximate Survey Length: 4 minutes • Closed Ended Questions: 7 • Open Ended Questions: 1 • Questions: ordinance issue, litter awareness and demographic questions (age, gender, ethnicity, zip code) • 300 interviews Litter Survey • Trash collection weights for: - Highway 286 Crosstown Expressway - Highway 358 North and South Padre Island Dr. - Storm Water Kenney Street Pump Station and Power Street Pump Station - City Marina • Select up to ten sites to perform "Litter Index Surveys" • Pre and Post Summary of Results d AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 25, 2014 oaPOwa,ko Second Reading Ordinance for the City Council Meeting of March 18, 2014 1852 DATE: February 6, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2604 Accepting and appropriating the FY 2012 Operation Stonegarden Grant Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $126,000 from Nueces County for funding eligible under the FY2012 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S. Highway 77 and State Highway 44; and appropriating the $126,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Nueces County Sheriff's Office has received funding to enhance the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. As a participating entity with Operation Stonegarden, the Nueces County Sheriff's Office, with the assistance of the Police Departments from Corpus Christi, Robstown, Driscoll and the Nueces County Constables of Precinct 3 and 5 will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State Highway 44. These are two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The end result of the additional enforcement should show a significant impact on the ability of criminal organizations to operate within the Rio Grande Valley. Each month, officer's timesheets, signed overtime sheets, and worksheets will be provided to Nueces County. The County will submit the reimbursement paperwork to FEMA where it will be reviewed and a check will be sent to Nueces County. The Nueces County Accounts Payable division will process a payment to the City of Corpus Christi. The grant period is from January 1, 2014 —June 30, 2014. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating 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 $126,000 $126,000 BALANCE $126,000 $126,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award documents Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$126,000 from Nueces County for funding eligible under the FY 2012 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $126,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of$126,000 from Nueces County for funding eligible under the FY 2012 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to include (but not limited to)U. S, Highway 77 and State HY44. SECTION 2. That $126,000 is appropriated in the No. 1061 Police Grants Fund. 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: Rebecca Huerta Nelda Martinez City Secretary Mayor OF Texas Department of Public Safety IE X T A 2012 Grant Adjustment Notice S for Nueces County Date of Awa November Z2,2013d -Redpienrit Rome and Address AwardNumber. 12-GA 1.Sub 7-Prepared by. Gabbart,Steven 48355-03 4.4. Federal Grant Xnformatlon Judge Samuel L. Neal,Jr. Federal Grant Tide: Homeland Security Grant Program Nueces County Federal Grant Award Number: EM -2012- -00018-S01 901 Leopard Street, Room 303 Data Federal Grant Awarded to TxDPS: September 1,2012 Corpus Christi,TX 78401 rFederal GrantJ];ng Agencqy: Department of Homeland security FEMA Grant Programs Directorate S. Award Amount and Grant Breeikdowns OPSG Award Amount Grant Period: (Federal) CFDA: 97.067 FROM: TO: $263,080.51 Sep 1, 20121 Feb=28, 2014 (The§KKWu-sTr-e-c-erv-e—aWrn—voTc-c" W-ff'grant NOTE:Match requirement details can be found In the period) federal guidance for the grant nawned in Box 4 above. 6.Statutory Authority for Grant-.This project is supported under the Department of Homeland Security Appropriations Act of 201 (Public Law 111-83). 7.Method of Payment: Primary method is reimbursement. 8.Debarment/Suspension CertifIcation.The Sub-Recipient certifies that the sub-recipient and Its contractors/vendors are not debarred,suspend ed,proposed for debarment,en_�US declared Ineligible or voluntarily exduded by any federal department or agency and do not appear in the Excluded Parties Ust System at http!//www.epis.gov.2.8.9029.0 • Agency Approval Approving TxDPS Officiah Signature of TxDP5 Official: Machelle Pharr, Deputy Assistant Director Texas Department of Public Safety State AdministratiVe Agency ................... 10. Sub-Itedplent Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorkzed Sub-Redpient official! Signature of Sub-Recipient Offidal: to Samuel L. Neal, Jr. ell 11.E r Employer Identifi cation Number(EXN)/Federal Tax identification Number. 12.Date Signed: 74-6000585 12/3/2013 13.DUE DATE- Signed award and Direct Deposit Form(it applicable)must be returned to TxDPS on or before the above due date. John Houston From: Cynthia Martinez <cynthia.mart Inez @co.nueces.tx-us> Sent: Monday, February 03, 2014 10:59 AM To: John Houston Subject: RE: OPSG 2012-3rd Tactical Period Good morning. We actually just received the 4h tactical period and the extension approval.The Judge is signing it today so I can send it back to the SAA, and then Commissioner's Court will approve it at the next meeting. You technically have everything now(including this last notice that I will be sending back to the SAA today).You should be working and utilizing ALL funds at this point. I sent you the approval for the 3rd allocation (Tactical Period 1) last week. I will send you the final approval which includes the extension on the grant as soon as I receive it back from the Judges office today. Breakdown for you: Tactical Peri 2 Approved OT/Fringe $ 21,988.25 cp Mileage $ 3,644.25 Tactical Pedod 3 Approved OT/Fringe $ 21,988.25-> Mileage $ 3,644.25, Tactical eri od 1 Approved OT/Fringe $ 21,988.25 Mileage $ 3,644.25 I Fv Series LED Fiberscope Inspection it /ca era $15,998.00 I Buster K91 OB Contraband Detector it $7,472.00 Tactical Period 4 Approved/Pending Signature OT/Fringe $ 21,988.2 Mileage $ 3,644.2517 Total Grant $ 126,000.00 Thank you Cynthia From: John Houston [mailto:lohnHo@cctexas.com] Sent: Monday, February 03, 2014 10:36 AM To: Cynthia Martinez Subject: RE: OPSG 2012-3rd Tactical Period Texas Department of Public Safety 2012 Sub-Recipient Award IT s A for Nueces County 1.Gairera{ . rd Irrforrnatlon Reference/Encumbranco No., Date of Award:August 13,2013 Prepared By:Mendez,Arturo 3.SAA Award Number: 12-SR 45355®01 4.Sub-Fteciplent Name and 5.F ral Grant Ialfa tia Federal Grant Title: Homeland Security Grant Program(HSGP) Operation Stonegarden(OPSG) Judge Samuel L. NeaN,Jr. Federal Grant Award Number. EMW-2012-SS-00018®SO1 Nueces County 901 Leopard Street,Room 303 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Corpus Christ,TX 78401 Date Federal Grant Awarded to TxDPS: September 6, 2012 CFDA: 97,067 6.Award.Amount and Grant Breakdowns Grant Period: OPSG From* To: �e Sep 1,2012 Feb 28,2014 $129,977.90 The SAA must rettive ail Invokes by the end of ware;penod) 7.Statutory Authority for Grant:The Consolidated Approphations.Act 2012,Divislon D(Public Law 112-74),and the Homeland Security Act of 2002 (Public Law 107-295), as amended by section 101 of the Implemenbrig Recommendations of the 9/11 Commission Act of 2007(Public Law 110-53). S.Method of Payment:Primary method Is rer,rnbursement. 9.Debarment/Suspension Certification:The Sub-Recipient cert{flex that the sub•recip ent and its contractors/vendors are not debarred,suspended,proposed for debarment, declared ineligible or voluntarily excluded by any federai department or agency and do not have active Exclus ons Pasted at https://www.sam.gov/portal/publlS/SAM, ID. Agency Approvals Approving TxDPS Official: Signature of TxDPS Official: Machelle Pharr Deputy Assistant Director j Texas Homeland Security State Administrative Agency Texas Department of Public Safety 11,'Sgb- ,pierlit a me I have read, understood and agree to this Sub-Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authors Sub-Recipient Official: Signature of Sub-Recipient official: Samuel L. Neal;: Jr. , Nueces County Judge Enter Employer Ydantification Number(EIN)or DUNS Number. sate Signed Federal Tax Identification Number. 74-6000585 078495025 L@,q k. DUE DATE: September 27,„2013 Signed Award with Terms and Conditions must be returned to SAA_5RAlpdps.texas.gov on or before the due date- OPSG Operations Order Worksheet Date Received from the Field: 07/02/13 Date the Operations Order was Worked by OBP Ops: 07/02113 Operations Order Number: 13-MCAMCA-06-003 Version 0 Operations (late: 0610312013 ............... County: Nueces Grant Year: 2012 State: Texas Sector: Rio Grande Valley FY Award $0.00 Amount/Balance: Does the OpOrder 01' Request Exceed 50% Yes Overtime: $114,215,32 of die award? (Letter is needed if OT is over Fringe: MOO 50%because of Price Act): Equipment $OM OZ'Justification Letter Attached?: Yes Fuel: $0,00 Vehicle Justification I&tter?: N/A Maintanence: $0.00 Milelage: $15,762,58 Travel: $000 Date Forwarded to SPPA: 71312013 County M&A: $0.00 -------------------------- Total $129,977.90 NOTES: Reviewed by: Kevon MIAv Ops EastlCer-,�, 01). approved by: W,�'IN,ZSIosar(A)Assoaate Chief STC,Ops East/Central O Order for 13-MCAM CA-06-003 V 0 Peflod Kicked Back?: N/A Date of Kick Back: NIA Reason for Kick Back: NIA Date Retumcd from flic Field: NIA Kicked Back a Second Time?- N/A NOTES: stations will be responsible for reporting OPSG related intelligence to the RGV Sector Office of intelligence (RGV-0I) as appropriate. Each participating OPSG agency will have a designated management representative as noted in the Command and Control section of this operational plan. Activity Reporting- At the conclusion of each shift/operation, OPSG state/local law enforcement officers will complete an Activity Report(AR). The AR will be submitted via email to RGV Sector and County Headquarters. The Sector OPSG Group will be responsible for compiling daily activity reports and county auditors will be responsible for tracking OPSG expenditures. Weekly activity and after-action reports will be completed by the Sector OPSG Group and submitted via email to OBP. Information Sharing- All source documents (e.g. arrest reports, citations, field interviews, etc.)will be sent to RGV-01 for evaluation, items of interest will be developed by the RGV-01 and forwarded to station Border Patrol Agents-Intelligence (BPA-Intel), participating agencies, and the OPSG IPT for action. Intelligence Products- Intelligence products including mapping, trend analysis, community impact, and target files will be developed via a collaborative effort between RGV-01 and the participating agencies. Performance Metrics- OPSG impact on border security and public safety will be gauged by several mechanisms; • Statistically tracked events such as traffic stops, citations, misdemeanor/felony arrests, and contraband seizures in OPSG target areas. - Intelligence evaluation of OPSG effect on targeted criminal organizations and their activities. -Third party indicators ascertained via crime statistical analysis and community impact data developed by the participating agency. 1V. ADMINISTRATION/LOGISTICS A. Cost Estimates/Funding Issues: 2nd Tactical Period (June 3, 2013 through July 31, 2013) OPERATIONAL OVERTIME/ FRINGE BENEFITS Nueces County Sheriff's Office 1098.75 Hrs. $46,745.00 Nueces County Constable Pct. 3 496.50 Hrs. $13,880.30 Nueces County Constable Pct. 5 333.75 Hrs. $10,500.00 Driscoll Police Department 302.50 Hrs. $8,361.42 Robstown Police Department 375.00 Hrs. $12,740.35 Corpus Christi Police Department 350.00 Hrs. $21,98825 VEHICLE/EQUIPMENT MAINTENANCEI MILEAGE Nueces County Sheriff's Office Mileage 11,363.64 miles $6,250.00 Nueces County Constable Pct. 3 Mileage 3„63636 miles $2,000.00 Nueces County Constable Pct. 5 Mileage 5,054.09 miles $2,779.75 Driscoll Police Department Mileage 1,979.24 miles $1,088.58 Corpus Christi Police Department Mileage 6,625.91 miles $3,,644.25 Cost Estimates: Gen it i Cost $15,762.58 0"'i"'cosr $114,21532 °U` W OS!t„ $129,977.90 B. Travel: NIA C. Lodging: NIA D. Reception of Detailed Personnel: NIA E. Uniform and Equipment: NIA F. Special Equipment: NIA G. Alien Processing: / I)o ) ' �5 + OF Texas Department T,_.,,:, r ant Adjustment Notice .8w rid for Date of Award Nueces County January 13,2014 1.Sub-Recipient Name and Address 2.Prepared by: ? Ira;,PeLrll .Award Number: 12-GA 48355-04 • Grant on Judge Samuel L.Neal,Jr. Federa l Grant Title: Homeland Security Grant program Nueces County Federal Grant Award Number. MW-2012-SS-00018-S®i 901 Leopard Street, Room 303 Corpus Christi,TX 78401 Date Federal Grant Awarded to TxDPS. September 1,2012 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate S. Award Amount and Grant Breakdowns Award OPSG t Grant TI CFDA: 97.067 FROM. • T 4 .01 Sep 1, 2012 Feb 28, 2014 (The AA s race v a n o c s en rant O •Match requirement details can be found in the period} federal guidance for the Brant named In Box 4 above. .Statutory Authority for rant:This project is supported under the Department of Homeland Security Appropriations Act of 2010 (Public Law 111- 3). 7.Method of Payment: Primary method Is reimbursement. S.Debarment/Suspension CerlIfication:The Su b-Flecipient certifies that the sub-recipient and Its contractors/vendors are not debarred,suspended,proposed for debarment,eq_US declared Ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at hp://www.epls. ov.2.8.9029.0 Agency ro i Approving TxDP Official: Signature of rxDPS Officl&l: Machelle Pharr, Deputy Assistant Director State Administrative Agency Texas Department of public Safety 10. Sub-Recipient cc nc have read and understand the attached Terms and Conditions. Type name and le of Authorized Sub- eeipient o si l: Signature of Sub-Redplent Official, Samuel L. Neal, Jr. Nueces County Judge 11.Enter Employer Identification Number(EIN)/Federal Tax Identification Number: 12.Date Sign 74-6000585 13.DUE DATE: Zzl 0`1 Signed award and Direct Deposit Form(if applicable)must be returned to TzDPS on or beftre the above due date. John Houston From: Cynthia Martinez <cynthia,mart!nez@co.n ueces.tx.us> Sent: Wednesday, January 08, 2014 9:57 AM To, Cynthia Martinez; Beatriz Charo; Isabel Chap a; Edward F. Day, 11: Frank Flores III; Chief Deputy Gilbert V. Garza; cdick@robstown-pd.us;jwilson@Robstown-pd.us; Margarito R. Gonzalez; Felicit s Montoya; Anthony Sanders; John Houston; Jesse Garcia; Diane Amesquita C c., GEORGE.A.TORRES@cbp.dhs.gov; Sheriff Jim Kaelfin; John Galvan; Daniel Perez; Belinda Marker Subject: OPSG 2012-2nd Tactical Period Approval Attachments: OPSG 2012 Grant Adjustment Notice.pdf Good morning everyone. A second Tactical Period (3 d Qtr) has been approved for the 2012 OPSG Grant(please see breakdown below). At this point everyone should be working on the 2012 Grant as the 2011 Grant is now closed. An extension request has been submitted to the SA and we are awaiting on that approval as the 2012 grant is scheduled to close on 02/28/2014. "Please note that the lt Qtr has not yet been approved which contains all of the equipment approved for the 2012 Grant. I will let you know as soon as that is approved and signed off on so that you may start your procurement process on the equipment. I of like to thank everyone for their hard work on the 2011 grant.We are extremely pleased with the teamwork everyone displayed in utilizing the funds in the most effective and efficient manner.We also appreciate your cooperation in submitting paperwork to our office in a timely manner.You should all be commended. Please let me know if you have any questions. Thank you. Third Quarter Administration/Logistics/ Narrative Justification Budget Request (Computation of Items) Third Quarter Operational Overtime/Fringe Benefi ts: NCSO 1098.75 hrs $46,475.00 Nueces County Constable Pct. 3 496.5 hrs $13,880.30 Nueces County Constable Pct. 5 333.75 hrs $10,500.00 City of Driscoll Police Dept. 302.5 hrs $8,361.42 City of Robstown Police Dept 375 hrs $12,740.35 City of Corpus Christi Police Dept 350 hrs $21,988.25 Operational Overtime/Fringe Benefi ts: TOTAL ALL AGENCYS $113,945.32 Management and Administration: .......NCSO.1 115.63 hrs $2,775. 1 - Management and Administration: TOTAL ALL AGENCY'S $2,775.00 Spedal EqWpment: Sped al EqWpment: TOTAL ALL AGENCY'S WO Vehicle Maintenance 0.00 Total Maintenance TOTAL ALL AGENa'S WO Fuel No NCSO $6,250L0 Constable Pct 3 $2,619.71 Constable At 5 $2,779.75 Driscoll PD $1,88.58 Corpus CRAV PD $161115 Total Fuel Cbst TOTAL ALL AGENCY'S $1%76238 TOTAL $13%102.60 Office Nanager Wiieces C01111ty Sfier!frs Office got f eoya rd St., Suite .22o Coryus Christi, 7X 78401 TeC (361) 887.2225 F-AX(36z) 887-2,,-�o6 E-Ma& C Nartinez 4,co.tz uec(--,s.tx.tis ynt ............................................................................. CaddWaRy Notle: The infonna= contaniad w"A emaH mAdmg attntimerh& inay be ruNH aged,mp=ry, a�!id/oi co� fidpintial as prodded by law7he Ohnnation W this emad I Nended Wy foi the i,.ise of dhe indvIdLi@1I or er�City to Wrn A is addossed If you have received Us conornunwhan W enror please natify the sender by ripoying to the errall rrevmge wd brrmedately returi") d"m ernaill aUad'irnents, and any and aH cooes to Me swhen H you am rmt Me Phanded redoW oHNs ennad and rece ved A in evar lease be adused Wntyoij inay be sul"ject to (J'vI kEflJflty f "ar�y use of pWWgeddwopWAaj,andAr cair fideryt:al infcnration col"It'1111 le'd I iereiin 2 cv f� AGENDA MEMORANDUM OR ARSE First Reading for the City Council Meeting of February 25, 2014 1,§52 Second Reading for the City Council Meeting of March 18, 2014 DATE: January 06, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Chief Information Officer M ichaelAR(a)cctexas.com (361) 826-3740 Ordinance appropriating funds for the Infor Enterprise Resource Planning (ERP) implementation. CAPTION: Ordinance appropriating $1,212,449 from the Unreserved Fund Balance in the Municipal Information Systems Fund No. 5210 and $1,311,979 from the Unreserved Fund Balance in the General Fund No. 1020, and transferring to and appropriating in the MIS Fund No. 5210 for the Infor Enterprise Resource Planning (ERP) implementation; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase appropriations by $2,524,428. PURPOSE: To provide funding for the Infor ERP implementation for fiscal year FY2013-2014. BACKGROUND AND FINDINGS: In April 2013 the City Council approved the purchase and implementation of Infor for the City's ERP solution. This ordinance will appropriate $1,212,449 from the Unreserved Fund Balance in the Municipal Information Systems Fund No. 5210 and $1,311,979 from the Unreserved Fund Balance in the General Fund No. 1020, and transfer and appropriate in the MIS Fund No. 5210 for FY2013-2014 to provide for funding to complete this implementation per contractual obligation. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms to the City's policies and procedures EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Finance Department Office of Management and Budget Department FINANCIAL IMPACT: ❑x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,524,428 0 $2,524,428 Encumbered / Expended Amount This item $2,524,428 0 $2,524,428 BALANCE Fund: Municipal Information Systems Fund 5210 and General Fund 1020 RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $1,212,449 from the Unreserved Fund Balance in the Municipal Information Systems Fund No. 5210 and $1,311,979 from the Unreserved Fund Balance in the General Fund No. 1020, and transferring to and appropriating in the MIS Fund No. 5210 for the Infor Enterprise Resource Planning (ERP) implementation; changing the FY 2013-2014 Budget adopted by Ordinance No. 029915 to increase appropriations by $2,524,428. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $1,212,449 is appropriated from the Unreserved Fund Balance in the Municipal Information Systems Fund No. 5210 and $1,311,979 is appropriated from the Unreserved Fund Balance in the General Fund No. 1020, transferred to and appropriated in the MIS Fund No. 5210 for the implementation of the Infor ERP. Section 2. That the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 is changed to increase appropriations by $2,524,428. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20147 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 , 20147 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 , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor ` AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 25, 2014 Second Reading Ordinance for the City Council Meeting of March 18, 2014 DATE: February 7, 2014 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck Interim ACM for Public Works and Utilities (361) 826-3189 Repeat Special Events Authorization CAPTION: Ordinance authorizing the City Manager or designee to execute agreements for use of City property by repeat special events. PURPOSE: To streamline the approval process for repeat special events requesting use of City property. BACKGROUND AND FINDINGS: City Charter requires approval by ordinance for use of City property, but also provides that the Council may by ordinance authorize an officer or employee of the City to grant leases, license or use of public property upon terms as the council may elect. ALTERNATIVES: Bring repeating special event agreements requesting use of City property before Council for approval. OTHER CONSIDERATIONS: The Parks Director is authorized in Chapter 36 of the City Code to issue short term agreements for use of park property. The Traffic Engineer is authorized in Chapter 49 to issue street closure permits for special events involving street closures. This new ordinance would authorize the City Manager or designee to approve short term uses of other types of City property for special events which are repeat special events. CONFORMITY TO CITY POLICY: Conforms with City Charter EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): (Do not list Accounting streams, use names of accounts) RECOMMENDATION: Approval of the ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS FOR USE OF CITY PROPERTY BY REPEAT SPECIAL EVENTS. Whereas Article IX Section 1 of the City Charter provides in part that the City Council may, by ordinance, grant, or authorize an officer or employee to grant leases, licenses or use privileges of City property upon such terms and with the impositions of conditions that the Council may elect; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or the City Manager's designee is authorized to execute agreements for use of City property for repeat special events, when the terms and conditions are consistent with the terms and conditions in the document most recently approved by City Council for that particular special event. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, 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 , 2014, 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 , 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 25, 2014 Second Reading Ordinance for the City Council Meeting of March 11, 2014 DATE: February 5, 2014 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM — Business Support Services WesP@cctexas.com (361) 826-3082 Buccaneer Days 2014 Lease Agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2014 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 24, 2014 through May 4, 2014; use of parking lot north of former Memorial Coliseum site from April 18, 2014 through April 10, 2014 provide for Commission paying fees for City services in amount not to exceed $33,000.00 PURPOSE: The purpose of the item is to approve date, location, and admission fees and consideration for Buccaneer Days 2014, and related activities. BACKGROUND AND FINDINGS: Since 1938, the Buccaneer Commission, a non-profit organization has annually staged the Buc Days festival in Corpus Christi, Texas in support of bringing entertaining, educational and cultural events to the Coastal Bend. There are a series of events included in Buc Days, such as the PRCA Rodeo, Rodeo Tail Gate Party, Buc Days Festival, Junior Parade and Illuminated Night Parade. This year's Buc Days will be held Thursday, April 24th until Sunday, May 4 th Buc Days requires participation from multiple City Departments. This year's Lease Agreement, as in prior years', includes cost sharing with the Commission for certain City services and permit fees required for facilitating the event. ALTERNATIVES: Alternative is to not approve the Lease Agreement. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Council action is required for Lease Agreement and approval of fees charged in conjunction with public events. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $33,000 $33,000 Encumbered / Expended Amount This item $33,000 $337000 BALANCE $0 $0 Fund(s): Comments: Expenditures will be incurred by Police, Streets and Parks & Recreation Departments. Lease Agreement allows for up to $33,000 to be reimbursed by the Commission for City Services provided during Buccaneer Days. RECOMMENDATION: Staff recommends approval of Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance— Buc Days 2014 Lease Agreement— Buc Days 2014 Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ("Commission") for 2014 Buccaneer Days Festival and related activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots, during April 24, 2014 through May 4, 2014; use of parking lot north of former Memorial Coliseum site from April 18, 2014 through April 10, 2014 provide for Commission paying fees for City services in amount not to exceed $33,000.00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Buccaneer Commission to conduct the 2014 Buccaneer Days Festival and related activities. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Page 1 of 14 BUC DAYS SHORT TERM 2014 LEASE AGREEMENT State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. ("Commission"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home-rule municipality. B. City Attorney - means the City's Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. Commission — means the Buccaneer Commission, Inc., a Texas non-profit corporation. G. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the annual Buccaneer Days Festival ("Buc Days"), parades and related activities sponsored by the Commission. The Event dates are described in Section 3 and Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Great Lawn — means the former Memorial Coliseum site, as referenced in the Buc Days promotional materials. L. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. Page 2 of 14 M. Parade Event — means the annual Buccaneer Days Junior Parade and/or Illuminated Night Parade. N. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. O. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. P. Premises - means the Event sites for the Buccaneer Days Festival and related activities, as described in Section 3 and Exhibit A. Q. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. R. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Department. S. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The Commission will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the Commission the privilege of using City property to conduct its annual Buccaneer Days Festival for the dates set forth in Exhibit B: A. For Mutton Bustin' Mania on Saturday, April 19, 2014: Parking Lot, north of the Great Lawn (former Memorial Coliseum site), at Shoreline & Kinney. B. For the Rodeo Tail Gate Party on Thursday, April 24 through Saturday April 26, 2014: Shoreline Boulevard, north of Resaca Street, as described in Street Closure Plan approved by City Traffic Engineering Department (Exhibit C). C. For the Buc Days Festival on Thursday, April 24 through Sunday, May 4, 2014: The Great Lawn (former Memorial Coliseum site); Parking Lots north and south of the Great Lawn; and the Park south of Kinney Street. The Great Lawn may only be used for tents and electric drive type of "kiddie" carnival rides (weight not to exceed 20,000 Ibs per ride). Sherrill Park may not be used. D. For the Buc Days Junior Parade on Saturday, April 26, 2014: Parade route is depicted on the attached Exhibit A-1. Street Closure and Parade Permits must be obtained, as required in § 9 GENERAL PERMITS, below. Page 3 of 14 E. For the Buc Days Illuminated Night Parade on Saturday, May 3, 2014: Parade route is depicted on the attached Exhibit A-2. Street Closure and Parade Permits must be obtained, as required in § 9 GENERAL PERMITS, below. F. For the Buc Days PRCA Rodeo on Thursday, April 24 through Sunday, April 27, 2014: Commission shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Center Arena. For any additional use of the American Bank Center, Commission shall obtain separate agreement with SMG. G. Landscaped areas within the Premises or utilized for the Event must be protected by the Commission. H. For all activities on the Barge Dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. PREMISES REVISIONS. Construction along Shoreline may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibit A will be executed by the City Manager and Commission Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The Commission's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. ANNUAL PLANNING MEETINGS. Two months prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Premises be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Premises are impacted by the Projects and whether Exhibit needs to be revised by the Parks Director and Commission. If revised, new Exhibit A will follow process in §4 PREMISES REVISIONS. Commission's Agent may request additional meetings. 7. ADMISSION FEE. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 8. COMMISSION'S FINANCIAL OBLIGATIONS. A. Permit Fees. The Commission must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Special Event Permit fee of $400.00, Health Permit/Vendor Fees, Development Services Permit Fees, Animal Permit Fee, Traffic Engineering Street Closure Permit Fees and Parade Permit Fees. City reserves right to waive any and all fees in consideration of cost sharing agreements. Page 4 of 14 B. Costs of City Services. City agrees to provide the following services for total not to exceed cost of$33,000.00 (Exhibit D). 1) Stormwater Cleaning inlets day after Illuminated Night Parade; not to exceed $2,500.00. 2) Solid Waste. Street cleanup before and after Illuminated Night Parade; not to exceed $3,500.00. 3) Parks and Recreation. Deliver and pick up trash receptacles at Festival Event site, Junior Parade and Illuminated Night Parade; assist with cleanup of both parades in downtown tourist area; not to exceed $3,200.00. 4) Street Signs and Services. Deliver and pickup barricades at Festival Event site, Illuminated Night Parade, and Rodeo Tail Gate Party site; construct barricades as needed; not to exceed $800.00. 5) Police. Overtime for Carnival Event; not to exceed $23,000.00. The Parks Director will invoice the Commission for these costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. Commission's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. D. City Sponsorship Recognition As additional consideration for City services, the Commission will name the City as a sponsor of the Parade and Festival. The City logo will be placed on the sponsor section of the website, the Festival section and the Parade section. Four (4) banners will be placed on the fence of the Festival site for its duration, to be provided by the City. The Police Department will be provided booth space in the Festival for their recruitment effort. The Commission will provide a scholarship(s) in fields beneficial to the City work force. E. Deposit, The Commission must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and Page 5 of 14 damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the Commission within 30 days after the Event. F. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, utility infrastructure, water and/irrigation lines and related equipment caused by negligent acts or omissions of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. City will give the Commission an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the Commission for any additional cost of repair. 1. Repairs to Buc Days Festival Premises. Parks Director will provide the Commission's Agent a Punchlist of damages to the City Property authorized for the Buc Days Festival, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the Commission has vacated the property, following the conclusion of the Buc Days Festival. Commission will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the Commission must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the Commission fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the Commission for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other Event Premises. Within 30 days after the conclusion of the Event, the City will provide the Commission's Agent an itemized invoice for cost of repairs and damages, if any, on the authorized Premises for the Event. If Deposit is not utilized for repairs to the Buc Days Festival Premises, any balance will be applied to the itemized invoice amount for the Event. Commission will pay City's invoice for damages, within 30 days after City tenders the invoice to Commission's Agent, less any amount(s) the Commission has disputed. 9. GENERAL PERMITS. Commission shall obtain necessary permits from City Departments, as outlined below. A.Temporary Street Closure Permit. (Exhibit C to be attached upon completion of street closure process). The street closure process will govern any necessary street closures. Commission must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all effected property owners' approval of the proposed temporary street closure, in accordance with City Ordinance. All street closures on a temporary basis are subject to the requirements of City Code of Ordinances. Page 6 of 14 B.Special Event Permit. Commission will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. C. Temporary Promotional Event Permit Commission will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Commission may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. D.Parade Permits. Commission must obtain Parade Permits for both the Junior Parade and Illuminated Night Parade from the Engineering Department, as specified in the City Code of Ordinances, §53.200 to §53.249. E.Animal Permit. Commission must obtain an Animal Permit from Animal Control for the Rodeo, as specified in City Code of Ordinances §6.51 to §6.75. F. Vendor Permit. Commission must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) G. Alcohol Vendors. Commission must require all vendors to obtain and comply witT appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City Health Permit /Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §18 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. H.Fireworks Permit. If Fireworks are being hosted, Commission must obtain Fireworks Permit from the Fire Department. The Commission is not hosting fireworks for the 2014 Event. I. Water Events. For any water events, Commission must obtain necessary permits from the United States Coast Guard. Page 7 of 14 J. Additional Permits. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. K.Music Licenses. Commission is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A.Barricades, Traffic Signs. The Commission must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access B.Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps (Exhibit A). C.Signage and Advertising. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre-approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D.Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities E. Fence. Commission may provide a temporary six-foot (6) chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the Commission's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. Commission must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non-exclusive use period after the close of the Event. However, Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G.Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with §8 Page 8 of 14 COMMISSIONS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H.Temporary Buildings. Commission must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre-mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. PARADE EVENT VENDORS. The Illuminated Night Parade and Junior Parade are referred to in this section as "Parade Events." Commission or its designee shall have exclusive authority to administer and issue Parade Vendor Permits to permit vending on the public sidewalks along the parade route, in accordance with the following requirements. A. Parade Vendor Permit Duration. Commission or its designee shall have exclusive authority to administer and issue Parade Vendor Permits for the following time periods, which may be further designated by the City Manager: a. Buc Days Illuminated Night Parade: 8:00 AM the day of the event, until one hour after the conclusion of the Illuminated Night Parade; b. Buc Days Junior Parade: 6:00 AM the day of the event, until one hour after the conclusion of the Junior Parade. B. Parade Vendor Fees. Commission shall have the authority determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events. Parade Vendor Permit Fee shall be one hundred dollars ($100.00) for each vendor and/or vending unit, unless the Buccaneer Commission establishes a higher fee. C. Compliance with Laws. Commission shall ensure that Parade Vendors comply with applicable sections of Chapter 38 of the City Code of Ordinances (Exhibit E), as may be amended by the City Council. Violations of the City Code of Ordinances shall subject the Parade Vendor to issuance of citation by City Police Page 9 of 14 Department. Commission shall ensure that all Parade Vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. D. Prohibited Items. Commission shall further ensure that no Parade Vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. No alcoholic beverages may be sold by a Parade Vendor. E. Food & Beverage Requirements. a. Commission shall ensure that all Food and Beverage Vendors comply with all requirements of the Corpus Christi - Nueces County Public Health Department, and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. b. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The cleanup will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. F. Stationary Parade Vending Booths. a. Commission desires to place Stationary Parade Vending Booths along the parade route on real property owned by the City during Parade Events. The Commission may place a Stationary Parade Vending Booth at a specific location that has been reviewed and approved in writing by the City Manager, Police Chief, Fire Chief, Street Director, Parks Director, and Solid Waste Director. b. Commission shall obtain all necessary permits prior to the placement of Stationary Parade Vending Booths. Booths may be placed at City- approved locations no earlier than 48 hours prior to the start of a Parade Event. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. All Stationary Parade Vending Booths must be removed and property restored to original condition within 24 hours after the conclusion of a Parade Event. 12. PARADE VIEWING AREA PERMITS. A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: Page 10 of 14 (i) Along the Buccaneer Days Lighted Parade route between IH 37 to Power Street on Shoreline, from the start of the parade until the end of the parade. B. Commission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. C. Commission shall require the nonprofit groups to clean the parade viewing area. The cleanup will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 13. CLEAN UP. Commission must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Commission may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. Commission may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give Commission's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. 14. RIGHT OF COMMISSION TO USE PUBLIC STREETS. Commission acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Lease Agreement. 15. EMERGENCY VEHICLE LANES. Commission must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 16. SECURITY. Commission must provide uniformed Security Officers during the Event, and after the Event closes each night, until it opens the next day. Commission will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Commission. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include Page 11 of 14 costs of police officers in the costs, §8 COMMISSIONS FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 17. SAFETY HAZARDS. The Commission, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 18. INSURANCE. Commission's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non-owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non-renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 19. INDEMNITY. Commission shall indemnify and hold City, its officers, agents and employees ("Indemnitees') harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors') entering upon City property Page 12 of 14 to set-up and take-down, hold, attend, or participate in the Buccaneer Days Festival and associated activities, with the expressed or implied invitation or permission of Commission, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 20. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to Commission: Director of Parks and Recreation Event Manager City of Corpus Christi The Buccaneer Commission, Inc. P.O. Box 9277 P.O. Box 30404 Corpus Christi, TX 78469-9277 Corpus Christi, TX 78463-0404 (361) 880-3461 (361) 884-8331 or 882-3242 FAX (361) 880-3864 FAX (361) 882-5735 21. DISPUTE RESOLUTION. City and the Commission agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to the Commission. In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Lease Agreement in no way waives the Commission's rights to seek other legal remedies during the appeals process. Page 13 of 14 22. ASSIGNMENT. Commission may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 23. BREACH, TERMINATION. Any failure on the part of Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set-off against any debt or liability of Commission to City otherwise accrued by breach hereof. 24. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 25. CITY SERVICES SUBJECT TO APPROPRIATION. The Commission recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The 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. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 26. COMPLIANCE WITH LAWS. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 27. NON-DISCRIMINATION. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 28. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Premises to be used in the operations. The unenforceability, invalidity, Page 14 of 14 or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager THE BUCCANEER COMMISSION, INC. By: Barry Box, Executive Director Date: EXHIBIT A PREMISES 5, TANCAHUA Exhibit A-1 r N. Shore.... o 44 Bank Center N 0 Nater St:40 o- a Cordu Ch Museum of Scienristice & History N O a m arra' St. tri Mesquite St. 5) LL N. Port Ave. N_ Shoreline Blvd. co C� a as a) x CD a) a) a Aouj }fie Pirates of all sizes and ages are invited to join the fun at the Buc Days IBC Bank Junior Parade. It's time to heave ho, ye landlubber, and come have a Swashbuckling Good Time! Come and join the 20,000+ spectators along the Junior Parade Route to watch these young pirates from daycare centers, youth groups, schools, civic, public, and private organizations "strut their stuff" in this wonderful children's parade. N. Water Wit. g co N. Chaparral St. N. Mesquite St. cn 5) 0 4) a Lower Broadway Ocean Dr. 65' U C � ro mater St' Q U T U y S line glVd Ocean Dr. Shore ro N. Upper Broadway _c cean Dr. McCaughan Park S. Shoreline Blvd. S. Water St. m S LL jl-t *04 mi Save the Date today for May 3rd! The Buc Days TOYOTA Illuminated Night Parade will send the floats and bands down the parade route beginning at 8pm. Enjoy the Parade and then head down to enjoy the Buc Days Festival & Stripes Carnival! OPEN LATE PARADE NIGHT! 00ay4 C ah..,e Antelope St. 3 J Rose St. L�©taii{St--. Mestina St. Lipan St. a JJ t� �J. a -L Antelope St. CChristorpus 35 Museum of i •Baytlnnt Scence & History - Park= American Bank Center ouges C) Resa°a St. ? m w Fitzgerald , rt pato Alto St. 35 • eadarct :. > - a=-Leapauf;Si • o m Z D ro Z Z Mestina SL IT o m Mestina St. - o m ; m C) m' z ? o w o m m (n m CO m 12 CD P m °' m '/dx3 UMOISSOI; m power St. Belden St. Mann St. Twigg St. z Taylor St. I. Star_ -. m m rn cf) 0, Peoples St. O O tewrenC° St. z William St c John Sartain m C0000 q//eYSt `a IT I kinneY St Born St. Broadway Ct. Park Ave. m m O cn o � m m O o m m McCaughan < Park O Peoples St. T -Head Lawrence SG T Head Cor Hoag 11°Y Furman Ave EXHIBIT B 2014 Lease Agreement Event Locations, Dates & Summary Mutton Bustin' Mania Scheduled for April 19, 2014 Parking Lot, north of the Great Lawn (former Memorial Coliseum site), at Shoreline & Kinney. Exclusive Use on: April 18, 2014 —April 20, 2014 Buc Days Festival Scheduled for April 24 — May 4, 2014 The Great Lawn (former Memorial Coliseum site); Parking Lots north and south of the Great Lawn; and the Park south of Kinney Street. (Excluding Sherrill Park) Exclusive use on: April 21, 2014 through May 7, 2014 Buc Days PRCA Rodeo American Bank Center Arena Scheduled for April 24 — 27, 2014 (Commission shall contract directly with SMG for use of American Bank Center Area.) Buc Days Rodeo Tail Gate Party Scheduled for April 24 — 26, 2014 Shoreline Boulevard, north of Resaca Street, as described in Street Closure Plan approved by City Traffic Engineering Department EXHIBIT C - STREET CLOSURE EXHIBIT D NOT TO EXCEED FEES FOR THE FOLLOWING CITY DEPARTMENT SERVICES DESCRIBED IN SECTION 7.1A* Park & Recreation (Credit account 343697-1020-12910): $3,200.00 Police (Carnival overtime at 50% of cost) $23,000.00 Solid Waste $3,500.00 Streets Signs and Services $800.00 Storm Water 2 500.00 TOTAL $33,000.00 EXHIBIT E PARADE VENDOR REQUIREMENTS Sec. 38-6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and/or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card-required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a perm it. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38-17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 18788, § 1, 4-9-1985) Sec. 38-7. Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 18788, § 1, 4-9-1985) Sec. 38-17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 18788, § 1, 4-9-1985; Ord. No. 21600, § 1, 3-16-1993; Ord. No. 025666, § 1, 3- 2-2004) 2014 Mr. Barry Box, Executive Director Buccaneer Commission, Inc. P. O. Box 30404 Corpus Christi, Texas 78401-0401 Dear Mr. Box: In accordance with the Buc Days Short Term 2014 Lease Agreement authorized by the City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive authority to administer and issue parade vendor permits for the Commission's 2014 parade events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor permit fees for the Commission's parade events. Sincerely, Ronald L. Olson City Manager �US C Ga of AGENDA MEMORANDUM CORPOR 1 o First Reading for the City Council Meeting of February 25, 2013 1852 Second Reading for the City Council Meeting of March 18, 2014 DATE: February 20, 2014 TO: Ronald L. Olson, City Manager THRU: Gus Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-1874 FROM: Daniel Biles, P. E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Execute Amendment No. 2 for Energy Services, Phase 2 To the Fixed Price Energy Performance Contract for Energy Efficiency Conservation Retrofit for Major City Facilities CAPTION: Ordinance appropriating $32,326.50 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities Project; changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase revenues and expenditures by $4,982,326.50 each; and authorizing the City Manager, or designee, to execute Amendment No. 2 to the Fixed Price Energy Performance Contract with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities, Phase 2 in the amount of$7,709,502, for a total re-stated fee of $14,724,124.28. PURPOSE: The purpose of this Agenda Item is to execute Amendment No. 2 for Energy Services with McKinstry Essention for Phase 2 of the Energy Efficiency Conservation Retrofit for work associated with Phase 2 energy audit and retrofit assessment of major City Facilities. BACKGROUND AND FINDINGS: In April of 2010, the City of Corpus Christi received $2,507,500.00 in direct allocation Energy Efficiency and Conservation Block Grant (EECGB) funds from the U.S. Department of Energy as part of the American Recovery and Reinvestment Act. The City selected McKinstry Essention through Request for Proposal (RFP) 2010-06 as a working partner to implement a multi-phase energy savings program that would not only reduce energy consumption but upgrade the energy infrastructure in city-owned facilities and pay for those upgrades from the very savings they were creating. K:\ENGINEERING\LEGISTAR\2-FEBRUARY 25\MCKINSTRY-AMENDMENT NO.2\AGENDA MEMO-FACILITIES ENERGY CONSERVATION,PHASE 2.DOCX Energy Services Phase 1 was completed and audited in 2013 and before proceeding to development of Phase 2. Phase 2 includes implementing a comprehensive strategy to continue to reduce energy and water consumption as well as complete a city-wide Building Automation System at city-owned facilities at a cost of $7,709,592. Energy and water efficiency applications will be implemented at 76 facilities, including City Hall, Police and Municipal Courts, the Science and Art Museums, Libraries, Community Centers, Fire Stations, American Bank Convention Center, Park and Recreation facilities, Marina, Gas Department, Water Department and City Administration's Frost Bank. Project scope includes: City-Wide Building Automation System City-Wide Lighting Efficiency Upgrades City-Wide Facility Envelope Renovations Re-Commissioning of Existing Mechanical Systems Water Conservation Replacement and Repair Retro Commissioning of Existing Chilled Water Storage System As with Phase 1, the Phase 2 Performance Guarantee requires that energy (electricity, natural gas and water), maintenance and operations savings will pay for the project scope, interest associated with financing and the ongoing measurement and verification over 15 years. A copy of Amendment No. 2 contract scope is attached for information. ALTERNATIVES: 1. Execute Amendment No. 2 to the Energy Services contract with McKinstry Essention as proposed. 2. Do not execute Amendment No. 2 to the Energy Services contract with McKinstry Essention as proposed (Not Recommended). OTHER CONSIDERATIONS: The savings will be guaranteed by McKinstry as part of the Performance Contract. A performance audit will be conducted annually to verify the annual energy savings. McKinstry will pay the cost difference if projected savings are not realized. A total energy and operational savings of$617,812 annually is projected. CONFORMITY TO CITY POLICY: The contract complies with the City's procurement policies and state procurement law. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: General Services K:\ENGINEERING\LEGISTAR\2-FEBRUARY 25\MCKINSTRY-AMENDMENT NO.2\AGENDA MEMO-FACILITIES ENERGY CONSERVATION,PHASE 2.DOCX FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $8,982,326.50 $8,982,326.50 Encumbered/Expended $0.00 $0.00 Amount This item $7,709,592.00 $7,709,592.00 Future Anticipated $1,261,166.84 $1,261,166.84 Expenditures This Project BALANCE $11,567.66 $11,567.66 Fund(s): Energy Efficiency Certificates of Obligation Comments: This Amendment will result in the expenditure of an amount not to exceed $7,709,592. Funds and expenditures associated with Phase 2 improvements are shown above. RECOMMENDATION: City Staff recommends the approval of Amendment No. 2 with McKinstry Essention. LIST OF SUPPORTING DOCUMENTS: Project Budget Amendment No. 2 Ordinance Presentation Certification of Funds K:\ENGINEERING\LEGISTAR\2-FEBRUARY 25\MCKINSTRY-AMENDMENT NO.2\AGENDA MEMO-FACILITIES ENERGY CONSERVATION,PHASE 2.DOCX Ordinance appropriating $32,326.50 from AEP Program Incentives in the No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation Retrofit for Major City Facilities Project; changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase revenues and expenditures by $4,982,326.50 each; and authorizing the City Manager, or designee, to execute Amendment No. 2 to the Fixed Price Energy Performance Contract with McKinstry Essention of Seattle, Washington for Energy Efficiency Conservation Retrofit for Major City Facilities, Phase 2 in the amount of $7,709,502, for a total re-stated fee of $14,724,124.28. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $32,326.50 from AEP Program Incentives is appropriated into the No. 3160 City Hall CIP Fund for the approved Energy Efficiency Conservation Retrofit for Major City Facilities, Phase 2 Project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is changed to increase revenues and expenditures by $4,982,326.50 each. SECTION 3. The City Manager or designee is authorized to execute Amendment No. 2 with McKinstry Essention of Seattle, Washington in the amount of $ 7,709,502, for a total re-stated fee of $7,709,502 for the Energy Efficiency Conservation Retrofit for Major City Facilities for the Technical Energy Audit to the Fixed Price Energy Performance Contract work for Phase Two. 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: Rebecca Huerta Nelda Martinez City Secretary Mayor ENERGY EFFICIENCY RETROFIT OF CITY FACILITIES PHASE 2 FUNDS AVAILABLE: AMOUNT Energy Efficiency New Certificates of Obligation, Phase 2... ... ... . $ 8,950,000.00 Green Energy Rebates from AEP... ... ... ... ... ... ... ... ... ... ... ... ... ... $ 32,326.50 TOTAL AVAILABLE: $ 8,982,326.50 FUNDS REQUIRED: Construction (McKinstry Essention)... ... ... ... ... ... ... ... ... ... ... ... ... $ 7,709,592.00 Contingencies (2%)... ... ... ... ... ... ... ... ... ... ... ... ... ......... ... ... ... ... $ 154,191.84 Consultant Fees: Consultant (McKinstry) Basic Svcs $365,000.00 - 5.5%... ... ... ... . Part of Construction Construction Management/Inspection/Design review/Audit... ... ... $ 400,000.00 Peer Review (Stridde Callins) ... ... ... ... ... ... ... ... ... ... ... ......... ... .. $ 44,000.00 MIS Improvements*... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $ 50,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... $ 175,000.00 Engineering Services (Project Mgt/Const. Mgt/Constr. Insp)... ... . $ 318,500.00 Bond Issuance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... $ 109,475.00 Miscellaneous... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ........ $ 10,000.00 TOTAL** $ 8,970,758.84 ESTIMATED PROJECT BUDGET BALANCE $ 11,567.66 CITY OF CORPUS CHRISTI AMENDMENT NO. 2 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY„” and McKinstry Essention, Inc. hereinafter called "Design/Builder,"' agree to the following amendment to the Contract for Professional Services for Eneray Conservation Retrofit — Major Facilities, Phase 2 as authorized and administratively amended by: ................... Orig.i.nal Contract 6,,950,,0,00.::.00„ M2012-014 Janua 17, 2012 ............................Chan a Order No, 1 49,999.00 Administrative AIDIDroval Aril 18, 2013 Amendment No. 1 $125,000.00 Ord, 029830 Mav 14, 2013 The Original Contract shall be modified as shown in Exhibit "A" to include the Scope of Work, Special Terms on Phase 2 and Additional Terms. In the Original Contract, ARTICLE NINE. "CONTRACT PRICE" shall be modified as shown in the attached Exhibit "A" for an additional fee not to exceed $7,709,592.00(in figures) Seven Million Seven Hundred Nine Thousand Five Hundred Ninety Two Dollars and Zero Cents (in words) for a total restated fee not to exceed $14,834,591.00 (in figures) Fourteen Million Eiaht Hundred Thirty Four Thousand Five Hundred Ninety One Dollars and Zero Cents (in words). All other terms and conditions of the January 17, 2012 contract between the City and Design/Builder and of any amendments to that contract which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI MCKINSTRY ESSENTION, INC. Gus Gonzalez, P.E. Date Joseph Hagar Date Assistant City Manager Director of Finance For Public Works & Utilities 5005 3`d Avenue S Seattle WA 98134 (206) 768-7732 Business (206) 303-9065 Mobile JosephH @McKinstry.com RECOMMENDED Daniel Biles, P.E., Date Executive Director of Public Works APPROVED Project No. E13143 Fund Source No, 550950-3163-00000-E13143 Office of Mgmt and Budget Date Fund Name: Energy Efficiency CIP 2014 PPFCO Encumbrance No. ATTEST Rebecca Huerta, City Secretary AMD. NO. 2 Page 1 of 1 Scope III °,IIIIII No. Project i ir iiCii�t lil fi tiiii s IIIIII�� III[ �ase '2 1. PROJECT SCOPE SUMMARY A. Controls 1. Furnish and install new wireless programmable network thermostats in forty-six (46) facilities. This scope applies to all 04.01 Facilities Improvement Measures (FIMs). This device will be compatible with the facility HVAC equipment and has the ability to control the HVAC equipment to reduce the operating hours. It will be remotely accessed and monitored via a web interface. This will provide scheduling and setpoints to be accessed and changed remotely with an Internet connection. These units have override and setpoint adjust capabilities at the thermostat. 2. Also includes Direct Digital Controls (DDC) similar to Phase I, in Neyland Branch Library. B. Retro-Commissioning 1. Retro-commissioning services for Frost Bank Building (FIM #04.03-FBO), Greenwood Library (FIM #04.03-LGAW), and Kaffie South Side Library (FIM #04.03LKS) to optimize equipment runtime schedules and temperature setpoints for unoccupied and occupied times to reduce HVAC equipment operation hours and reduce energy consumption. C. Retro-Commissioning and Upgrades to American Bank Center 1. Repair mechanical and controls deficiencies for FIM #AME-05.02, as documented in the Phase I retro°commissioning investigation, for building controls to become more automated and reduce energy consumption. 2. Arena Mechanical i. Replace control valves for cooling towers and chiller isolation In CHW Plant 11, Replace control valve actuators for boiler isolation and bypass valve iii. Convert all automatic pump isolation control valves to manual operation by installing spool or lever Iv. Replace OSA dampers and OSA damper actuators on Arena AHU 1-11 v. Repair or replace non-functioning CHW & HW control valves on Arena AHUs 1-11 vi. Install ductwork to connect OSA louvers to reactivation air inlet for DAHU 1 & 2 vii. Replace OSA, Return and bypass damper actuators on DAHU 1 & 2 viii. Install VFDs on supply fan for DAHU 1 & 2 Ix. Replace desiccant wheels on DAHU 1 &2 x. Repair damaged Supply/OSA ductwork on DAHU 1 & 2 xi. Replace VFDs on supply fan for AHUs 6,7,B Al. Replace VFDs on SCHWP 1 & 2, CWP 2, HWP 1 & 2 xiii. Rebalance Arena CHW loop xiv. Replace failed duct pressure sensor on AHU-6 3. Arena Controls 1. Install new manufacturer's controller and sequences for DAHU 1 & 2 and integrate to ALC controls system ii. Move smoke system to ALC controls system EXHIBIT"A" Page 1 of 6 4. Convention Center Mechanical I. RTAHU 1-11 (excluding RTAHU 5) replace CHW control valves ii. RTAHU 1 & 2 replace HW control valves iii. RTAHU 1-11 (excluding RTAHU 5) replace OSA dampers and OSA damper actuators iv. Reconnect CHW actuator on AHU 3,5,6,6,9,11,19,20,21,22,23 v. Repair or replace non-functioning OSA damper on AHU 1,2,3,4b,5,6,9,20,21,22,23 A Replace failed duct pressure sensors on RTAHUs 3,7,10,11 vii. Replace VFDs on AHU supply fan for RTAHU 3 & 1B D. Energy Control Upgrades at American Bank Center 1. Implement a DDC energy management control system/strategy for FIM #AME-05.03 to make use of the existing thermal energy storage Infrastructure to reduce peak demand energy consumption. 2. Mechanical I. Convention Center Chiller Plant 1. Install new 11/2" solenoid valve in make-up water line; control make-up water valve by using new pressure sensor in tank as a proxy for water level. 2. Install new BTU meter across primary CHW loop. ii. Thermal Energy Storage ("TES") Tank 1. Install new pressure sensor at bottom of tank (to measure water level). 2. Install new BTU meter for TES tank. Install turbine flowmeter in pipe routed to the top of the tank. iii. Convention Center 1. Install new CHWR temp sensor and calibrate. 3. Controls i. Convention Center Chiller Plant 1. Correct BAS graphic to properly illustrate piping configuration in plant. Graphic currently shows Convention Center secondary pumps in series with primary chiller pumps. 2. Replace (e) CHWR temp sensors at each chiller and calibrate. 3. Furnish new 1'/2" solenoid valve in make-up water line. Calibrate. Integrate into BAS. Control make-up water valve by using new pressure sensor in tank as a proxy for water level. 4. Furnish new BTU meter for installation across primary CHW loop. 5. Integrate (3) new chiller VFDs Into BAS. li. Thermal Energy Storage ("TES") Tank 1. Furnish & install (9) new temperature sensors along vertical profile of tank, replacing the (e) sensors. Calibrate new sensors. 2. Furnish new BTU meter for TES tank. Calibrate and integrate into BAS; display temps and Flow (with direction) on BAS graphic. 3. Furnish & install new remote wireless Internet connection for temp sensors, pressure sensor, and Flow meters. Establish continuous communication with BAS and map points to BAS. iii. Convention Center 1. Furnish & install new CHWS temp sensor and calibrate, replacing (e) sensor. 2. Furnish new CHWR temp sensor for installation and calibrate. 3. Calibrate (e) BTU meter. 4. Reset CHWS temperature setpoint based on terminal equipment valve positions. EXHIBIT"A" Page 2 of 6 5. Modulate pump speed (existing VFD) to maintain pressure setpoint. Reset pressure setpoint using Trim & Respond logic. Pump speed reset takes priority (over CHWS temperature reset) when TES tank is discharging. Iv. Selena Auditorium 1. Calibrate/repair/replace (e) BTU meter. 2. Modulate pump speed (existing VFD) to maintain pressure setpoint. Reset pressure setpoint using Trim & Respond logic. Pump speed reset takes priority (over CHWS temperature reset) when TES tank is discharging. v. Corpus Christi History/Science Museum 1. Calibrate/repair/replace (e) BTU meter. 2. Modulate pump speed (existing VFD) to maintain pressure setpoint. Reset pressure setpoint using Trim & Respond logic. Pump speed reset takes priority (over CHWS temperature reset) when TES tank is discharging. vi. Art Museum 1. Calibrate/repair/replace (e) BTU meter. Integrate into American Bank Center's BAS. 2. Modulate pump speed (existing VFD) to maintain pressure setpoint. Reset pressure setpoint using Trim & Respond logic. Pump speed reset takes priority (over CHWS temperature reset) when TES tank is discharging. vii. Harbor Playhouse 1. Calibrate/repair/replace (e) BTU meter. Integrate into American Bank Center's BAS. 2. Modulate pump speed (existing VFD) to maintain pressure setpoint. Reset pressure setpoint using Trim & Respond logic. Pump speed reset takes priority (over CHWS temperature reset) when TES tank is discharging. 4. Electrical I. Convention Center Chiller Plant 1. Install one new VFD for each of three (3) McQuay chillers. ii. Thermal Energy Storage ("TES") Tank 1. Provide new 120V/20A circuit for tank temperature sensors. 2. Provide new 120V/20A circuit for tank pressure sensor& BTU meter. 3. Provide new 120V/20A circuit for new controls communication equipment. M. Convention Center 1. Provide new 120V/20A circuit for BTU meter. E. Lighting Technology Upgrades 1. The purpose of this measure is to replace or retrofit outdated and inefficient lighting fixtures and reduce utility consumption while maintaining or improving lighting quality at fifty-nine (59) buildings. All 9.01 and 9.02 FIMs are included in this scope. F. Weatherization and Building Envelope Improvements 1. Furnish materials and labor required to perform building envelope improvements for FIM #13.01 (weather stripping, caulking, sealants, etc.) at thirty-eight (36) buildings to provide weather barriers to prevent infiltration and water encroachment. G. Water Conservation Improvements 1. The purpose of this project is to reduce overall water consumption by utilizing low flow plumbing fixtures and sink aerators at fifty- six (56) buildings for FIM #16.01. H. General Scope During Phase 2 project implementation phase, Corpus Christi and McKinstry project representatives will review the project scope of work for each building and will address any scope Items that were completed by Corpus Christi after the Energy Services Proposal submittal on December 23, 2013. If scope items were completed by the Corpus Christi, project representatives will review and mutually agree upon the redirection of project funds to scope E=3ofP revisions. Scope revisions items will include, but not limited to, replacement of valves and variable frequency drives which were replaced by Corpus Christi at the American Bank Center. 2. SPECIAL TERMS ON PHASE 2 A. The Scope of Work for Amendment No. 2 is detailed in the "City of Corpus Christi - Phase 11 Energy Services Proposal- REVISED"dated 20 November 2013. B. As described In the Energy Cost Savings Guarantee, Section 3, item 3.26, page 33 of the McKinstry Energy Services Proposal, the energy cost savings are guaranteed by McKinstry and shall be computed on the basis of the actual utility bills the City of Corpus Christi paid for associated buildings/facilities before and after the Implementation of the Scope of Work for Amendment 2 of the Energy Efficiency Conservation Retrofit - Major City Facilities (Project No. E11102). C. The materials furnished by McKinstry shall be approved by the City of Corpus Christi before procurement and construction. If the materials do not meet environmental requirements, McKinstry shall change the materials, without an increase to the Contract Price, until meeting the City's requirements. Otherwise, McKinstry shall provide a materials/fixtures list which meets the Owner's requirement before executing contract. The City will approve a formal environmental requirement (performance specification) prior to submittal delivery to the City for review. D. As described in the Energy Cost Savings Guarantee, Section 3 of the McKinstry Energy Services Proposal, annual savings of $584,454 for energy and $33,358 for maintenance and operations are guaranteed through the Improvements included herein with any shortfall In these savings to be paid by McKinstry annually for the term of the contract, which is expected to be a 15-year period. These savings are based on City of Corpus Christi negotiated contractual utility rates reflected in Section 3, Energy Cost Savings Guarantee of the McKinstry Energy Cost Savings Proposal, table 3.3, page 63. E. For the buildings that do not meet the wireless network requirements for the programmable thermostats to be installed in FIM #04.01, the City of Corpus Christi will provide the network wiring for the thermostat connections. McKinstry will be required to coordinate the timing of these thermostat connections without any increase to the Contract Price. F. McKinstry agrees that the guaranteed energy savings shall not be achieved at the cost of sacrificing the comfort of each building/facility. Comfort Is defined in Energy Cost Savings Guarantee, Section 3, item 3.4, page 38 and 39, of the McKinstry Energy Savings Proposal. During construction, McKinstry shall coordinate with the operating department and follow their requirements. This term takes precedence over the terms of ESP. G. McKinstry performed a site survey which was completed in August, 2013. Based on this survey McKinstry accepts the existing construction conditions without any increase to the Contract Price during construction. If changes to the sites occurred after August 2013, McKinstry will have the right to re-propose the scope of work and price as required to meet the guaranteed energy savings. H. For all drawings required for the construction by McKinstry for this scope of work, McKinstry shall submit all detailed engineering drawings for City of Corpus Christi's review and approval prior to commencing construction. All schedules prepared by McKinstry should Include a review and approval period such that no project delays or increase in Contract Price can be claimed. EXHIBIT"A" Page 4 of 6 3. ADDITIONAL TERMS A. COORDINATION WITH CITY 1. McKinstry shall hold periodic conferences with City through the end of the Project. The Project shall have the full benefit of City's experience and knowledge of existing needs and facilities and be consistent with City's current policies and standards. 2. To assist McKinstry In this coordination, City shall make available, for McKinstry's use in planning and designing the Project, all existing plans, maps, statistics, computations and other data In City's possession, relative to existing facilities and to this particular Project, at no cost to McKinstry. However, any and all such information shall remain the property of City and shall be returned by McKinstry to City upon termination or the completion of the Project or if Instructed to do so by the City's authorized representative. 3. McKinstry shall submit all shop drawings and submittals for City's review. City's review shall be limited in scope to a review for conformance with the information given and nothing more. 4. City promptly will give written notice to McKinstry whenever City observes, discovers or otherwise becomes aware of any defect in McKinstry's services, or any development that affects the scope or timing of McKinstry's services. B. REVISIONS TO DOCUMENTS McKinstry shall make, without expense to City, such revisions to the drawings, reports or other documents, as may be required to meet the needs of City and which are within its Scope of Services. C. SUBMITTALS Within 14 working days after the date of commencement as stated in the Notice to Proceed, the MCKINSTRY shall submit the following items to the CITY for review: 1. A preliminary schedule of Shop Drawings, sample, and proposed substitutes or "or- equal"submittals. 2. A list of all permits and licenses the MCKINSTRY shall obtain indicating the agency required to grant the permit and the expected date of submittal for the permit and required date for receipt of the permit. 3. A complete progress schedule for all phases of the Project. 4. Material Safety Data Sheets on products used on the Project. 5. A letter designating the MCKINSTRY's Superintendent, defining that person's responsibility and authority. 6. A letter designating the MCKINSTRY's safety representative and that person's responsibility and authority. No payments shall be made to the MCKINSTRY until all of these items are submitted in their entirety, as determined by the CITY. D. SHOP DRAWING SUBMITTAL 1. Wherever called for in the Contract Documents, or where required by the CITY, MCKINSTRY shall furnish to the CITY, for review, eight (8) copies of each Shop Drawing submittal. The term "Shop Drawings" as used herein shall be understood to include detail design calculations, Shop Drawings, fabrication drawings, installation drawings, erection drawings, lists, graphs, operating instructions, catalog sheets, data sheets, and similar items. 2. All Shop Drawing submittals shall be accompanied by the MCKINSTRY's standard submittal transmittal form. Any submittal not accompanied by such a form, or where all applicable items on the form are not completed, will be returned for re-submittal. EXHIBIT"A" Page 5 of 6 E. Normally, a separate transmittal form shall be used for each specific item or class of material or equipment for which a submittal is required. Transmittal of a submittal of various items using a single transmittal form will be permitted only when the Items taken together constitute a manufacturer's "package" or are so functionally related that expediency Indicates review of the group or package as a whole. A multiple-page submittal shall be collated into sets, and each set shall be stapled or bound, as appropriate, prior to transmittal to the City. City will respond to all submittal requests for approval within 5 working days from receipt. F. Any shop drawing sheet that contains structural design Information that departs from contract plan design values must be sealed, signed and dated by an engineer registered in the state of Texas. 1. Optional designs typically propose design values that vary from contract plan designs and therefore fail under this requirement. 2. Similarly, and even though originally proposed and sanctioned by the City, all "modified" optional designs must also be sealed. 3. Note that previously, only the cover sheet of the calculations that were required to accompany optional or alternate designs was required to be sealed. Now, the calculations cover sheet as well as the associated shop drawing detail sheets must be sealed. G. All calculations and detailed shop drawings must be dated, uniquely identified, and sealed by a Texas Professional Engineer. H. The City's review of any and all shop drawings and any other submittals is strictly limited In scope to City's review for "conformance with information given." EXHIBIT"A" Page 6 of 6 W4 TO BE ASSIGNED SUPPLIER NUMBER PURCHASING DIVISION IT� City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: McKinstty Essention,Inc. P. O.BOX: STREET ADDRESS: 5005 3d Avenue S CITY: Seattle,WA ZIP: 98134 FIRM IS: 1. Corporation X 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other If additional space is necessar DISCLOSURE QUESTIONS ,please use the reverse side of this age or attach separate sheet. 1. State the names of each `�yremployee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board,Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "B" Pa e 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Title: .............,,, .................. ..............,.,. (Type or Print) Signature of Certifying Date: Person: .,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ....... ........................................,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,.................... .......... DEFINITIONS a. "Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "B" Page 2 of 2 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services, Summary of Fees Basic Services Fees Additional Services Fees Facilities Energy Conservation, Phase 2 Project No. E13143 Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $o $o $o $0 $o $0 0%' 0 0 0 a. 0 0 0% 0 0 0 0 0 0 0 0%! 0 0 0 0 0 0 0 0 0 0 0 0 0 0% 0% $o $o $o. $o_ 50 $0 $0 0% $0 $o 0% 0 0 0 0 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD $0 $0 $o $0 $0 $0 0%j 0%l Total of Fees 0 $0 $0 $0 $0 $0 $0 0 0 0 0 $0 $0 $0 $0 $0 0 0 $0 $0 0% 0% 0% 185 Energy Efficiency Retrofit of City Facilities - Phase 2 Corpus Chr st Engineering Council Presentation February 25, 2014 Project Scope City -Wide : 76 facilities Corpus Chr'sti Engineering Fire Department, Police, Libraries, Marina, Rec Centers, Senior Centers, Art Museum Gas Department Administration, Water/ Wastewater Department Administration, Warehousing, Frost Bank American Bank Center, City Hall, Health Department, Police and Courts, Museum of Science and History. 2 Project Scope Corpus Chr'sti Engineering • Completion of City -Wide Building Automation System • Completion of City -Wide Lighting Efficiency Upgrades • City -Wide Facility Envelope Renovations • Re -Commissioning of Existing Mechanical Systems • Water Conservation Replacement and Repair • Retro -Commissioning of Existing Chill Water Storage System 3 A reduction of 6,672,622 lbs. of CO2 emissions Environmental Summary The addition of 827 acres of trees Corpus Chr'sti Engineering 581 cars removed from the roads 4 Project Schedule Project Estimate: 548 Calendar Days 18 Months Projected Schedule reflects City Council award in March 2014 with anticipated construction completion in September 2015. Corpus Chr'sti Engineering 5 Project Cost and Payback Corpus Chr'sti Engineering Project Cost Guaranteed Annual Project Savings Energy Maintenance and Operations $8,982,327 $ 584,454 $ 33,358 Projected Interest Rate 3.25% Estimated Utility Rebates and Incentive $ 30,670 Return on Investment 15 years Average Equipment Life Cycle 20 years* *Benefit of new and retrofitted systems for 20 years that have been paid for by redirecting part of the existing utility budget to capital renewal. No new money and no rate or tax increases to implement this project. 6 Project Budget Corpus Chr'sti Engineering FUNDS AVAILABLE: AMOUNT Energy Efficiency New Certificates of Obligation, Phase 2 $ 8,950,000.00 Green Energy Rebates from AEP $ 32,326.50 TOTAL AVAILABLE: $ 8,982,326.50 FUNDS REQUIRED: Construction (McKinstry Essention) Contingencies (2%) Consultant Fees: Consultant (McKinstry) Basic Svcs $365,000.00 - 5.5% Construction Management/Inspection/Design review/Audit Peer Review (Stridde Callins) MIS Improvements* Reimbursements: TOTAL ESTIMATED PROJECT BUDGET BALANCE * MIS Improvements are required at 47 public facilities to support the proposed energy saving upgrades. ** Phase 2 project costs and energy savings are tracked and audited separately and independently from Phase 1. $ 7,709,592.00 $ 154,191.84 Part of Construction $ 400,000.00 $ 44,000.00 $ 50,000.00 $ 612,975.00 $ 8,970,758.84 $ 11,567.66 7 Phase 1 Measured Savings Summary Measured Energy Savings Average per Month Estimated Annual Savings Repair & Maintenance Savings Airport 0 & M Savings Total Estimated Savings Debt Payment Savings under Debt Payment 8 Month Savings 03/13 - 10/13 $387,591 $48,449 $581,386 $161,674 $2,667 $745,727 $714,000 $31,727 Corpus Chr'sti Engineering • Annual energy cost savings (projected by actual 8 -month savings results) indicates that Phase 1 is able to achieve the guaranteed energy saving goal. • Phase 1 construction cost $6,950,000 included newly installed/replaced equipment with a cost of $3,307,841 and lifecycle of 15 — 20 years. 8 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 Phase 1 Energy Saving Model Summary Electricity (kWh) tiL yL y3 tip' ti� ti'' ti� ti'' t t> t?) tiS ,yS �°, OCG ,ate ��� mat P�< baa �� ��\ �� c f, O`er Baseline Target Actual 30,000 25,000 20,000 15,000 10,000 5,000 Corpus Chr'sti Engineering O6"°J OeG ��� ��� fat v9 baa ��� ��\ Q�� se, Baseline Target Actual 9 Phase 1 Environmental Summary The Phase 1 project will deliver these annual results: A reduction of 6,355,048 lbs. of CO2 emissions The addition of 788 acres of trees Corpus Chr'sti Engineering 554 cars removed from the roads 10 �US Ga 0Ih AGENDA MEMORANDUM First Reading for the City Council Meeting of February 25, 2014 xs Second Reading for the City Council Meeting of March 18, 2014 DATE: January 24, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Construction Contract Downtown (Chaparral) Signal Improvements Bond Issue 2008 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $459,111.75 from Fund 3541 Bond 2004 Project Reserves and $459,117.75 from Fund 3544 Bond 2004 Project Reserves to the Downtown Street Chaparral Project (Bond 2008); increasing expenditures in the amount of $918,235.50; and authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Co., Inc. of Round Rock, Texas in the amount of $918,235.50 for the Downtown Streets Chaparral Signal Improvements for the Base Bid plus Additive Alternate One. PURPOSE: The purpose of this Agenda Item is to execute construction contract with Traffic Signal Construction Co., Inc. of Austin, Texas for the Downtown (Chaparral) Signal Improvements for basic signalization and Radar Presence Detection system installation. BACKGROUND AND FINDINGS: Project consists of the installation and modification of the traffic signals along Chaparral Street at Cooper's Alley, John Sartain St., Peoples St., Starr St., Taylor St., Twigg St., and Interstate 37. Signals at the intersections with William St., Lawrence St., and Schatzell St., were previously installed as part of another project. This project will complete the signals along Chaparral Street to allow for its conversion to two way traffic. Additive Alternate No. 1 is recommended and includes installing a radar detection system in lieu of traffic cameras on the traffic signal poles. Traffic cameras sometimes cannot detect vehicles in the fog, and over time begin to develop problems detecting vehicles when the cameras are installed in a coastal area where salt water mist may damage camera lenses. The radar detection system doesn't have these problems, and function in foggy conditions and are not disrupted by the salt mist from the coast. On December 11, 2013, the City received proposals from one (1) bidder. During the bid process, the City's Engineer contacted five other contractors across the state that specialize in traffic signal construction in an effort to elicit more bids for the project. They were informed of the availability of the bid documents through the Public Purchase website. The single bid is as follows: Contractor Base Bid Additive Total Base Bid Alternate 1 Plus Add Alt 1 Austin Traffic Signal Constr. Co., Inc. $789,185.50 $129,050.00 $918,235.50 Round Rock, Texas The City's Consultant Engineer, HDR Engineering, Inc. conducted a bid analysis of the one proposal submitted to the City. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Austin Traffic Signal Construction Company, Inc. of Round Rock, Texas has the experience and resources to complete the project. ALTERNATIVES: 1. Execute the construction contract with Austin Traffic Signal Construction Co., Inc. as proposed. 2. Do not execute the construction contract with Austin Traffic Signal Construction Co., Inc. as proposed. (Not Recommended) OTHER CONSIDERATIONS: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; appropriating funds and the FY 2013-2014 Capital Improvement Program budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $6,466,149.26 $1,128,235.50 $0.00 $7,594,384.76 Encumbered / Expended Amount $6,466,149.26 $6,466,149.26 This item $918,235.50 $0.00 $918,235.50 Future Anticipated Expenditures $210,000.00 $0.00 $210,000.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Street Bond Issue 2004, Street Bond Issue 2008 COMMENTS: This is the final contract to complete the Downtown Streets — Chaparral Street Project and is required to complete the signalization and provide for two-way traffic. The contract is utilizing Bond Issue 2004 Street Program reserves to enhance and complete this project. RECOMMENDATION: City Staff recommends the approval of the construction contract for the Base Bid and Additive Alternate 1 with Austin Traffic Signal Construction Co., Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Ordinance Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $459,111.75 from Fund 3541 Bond 2004 Project Reserves and $459,117.75 from Fund 3544 Bond 2004 Project Reserves to the Downtown Street Chaparral Project (Bond 2008); increasing expenditures in the amount of $918,235.50; and authorizing the City Manager, or designee, to execute a construction contract with Austin Traffic Signal Construction Co., Inc. of Round Rock, Texas in the amount of $918,235.50 for the Downtown Streets Chaparral Signal Improvements for the Base Bid plus Additive Alternate One. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $459,111.75 from Fund 3541 Street 2005 General Obligation Bond Fund to the Downtown Street Chaparral Project (Bond 2008). SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $459,111.75 from Fund 3544 Street 2007A General Obligation Bond Fund to the Downtown Street Chaparral Project (Bond 2008). SECTION 3. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $918,235.50 to the Downtown Street Chaparral Project (Bond 2008). SECTION 4. The City Manager or designee is authorized to execute a construction contract for the Downtown Street Chaparral Project (Bond 2008) for the Base Bid plus Additive Alternate One in the amount of $918,235.50 with Austin Traffic Signal Construction Co., Inc. of Round Rock, Texas for installation of required traffic signals. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET Downtown Streets - Chaparral - BOND 2008 Project No. 6510 FUNDS AVAILABLE: Streets...................................................................................................... $5,080,277.20 Stormwater................................................................................................ 407,179.71 Wastewater............................................................................................... 770,242.35 Water....................................................................................................... 418,450.00 Bond 2004................................................................................................ 918,235.50 Total $7,594,384.76 FUNDS REQUIRED: Construction: (Reytec Construction Co.)***...................................................... $4,819,070.00 Construction: (Austin Traffic Signals)..................................................... 918,235.50 Contingencies (10%).................................................................................. 573,730.55 Engineering and Architect Fees: Consultant (Gignac Architects) *.................................................................... 757,833.00 Consultant (HDR Engineering)**.................................................................... 244,250.00 SherylMcMillan.......................................................................................... 7,125.00 VGFLEnterprises................................................................................... 7,125.00 Geotechnical Testing (Rock Engineering)......................................................... 36,164.71 Construction Materials Testing (Rock Engineering)............................................ 31,523.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 57,373.00 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) 100,400.00 Finance Reimbursements 31,555.00 Misc. (Printing, Advertising, etc.) 10,000.00 TOTAL $7,594,384.76 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Contract was awarded by City Council on June 29, 2010. **Contract was awarded by City Council on September 27, 2011. **Contract was awarded by City Council on September 18, 2012. 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';; " rurr/parr, � �v';. / �,x%�/l�,i Al✓/?EN %r'n�i�/;ifr f rrv, nf r 1,/, , J rill 1a ,/� l, ofv, a" Y " i, Wru«n/, tri'%"r vv, ,: r4, i M/ r fk I 9 %m�l a, �roiM✓//riiirdlli,l� � ,� r5,N � t(!/I/pig � +/+� ( err/%��/, �� r �I /r CO AP ' :r �r / ,✓�� % ,/01 "" /// /, r E ,Ir tL,,, H f � ,,, '° ✓i /r vrl�% / fr /lfCJll /gO; ,� � 1/fllfalNan°Jy/1,: / �,,.f� ,.,✓ U ,«r"..r', rn;r� r 1180, J fg( 1i /// p /i f�„�)�l>% //�� '/1 r/N//iii,✓ifi r�z/11i�f,rr/rvrl�.��,� ',,,;�'�% j�1 ” N 40 , MOM �� LOCATION MAP NOT TO SCALE PROJECT#6510 DOWNTOWN CHAPARRAL CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS COOPER'S ALLEY TO INTERSTATE 37 DEPARTMENT OF ENGINEERING SERVICES SIGNAL IMPROVEMENTS PAGE: 1 of 1 Carpus Chr sti Engineering Downtown Streets (Chaparral) Signal Improvements (Bond 2008) Council Presentation February 25, 2014 City of Corpus Christi City Great. Bond 2008 Project Scope Corpus Chr sti Engineering 2 Project Schedule Corpus Chr sti Engineering 2013 2014 MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL \ \\\\ \\ \,\ \\\\\\\\\\\\\ ' , . \ , _ . \ c , \ Bid Phase/Award \\\\\�\ �� \\ Project Estimate: 150 Calendar Days N 5 Months Projected Schedule reflects City Council award in March 2014 with anticipated construction completion in July 2014. City of Corpus Chris aking Your City Great. Bond2008 3 Project Budget Corpus Chr sti Engineering FUNDS AVAILABLE: Stormwater....................................................................... 407,179.71 Wastewater....................................................................... 770,242.35 Water.............................................................................. 418,450.00 Bond 2004........................................................................ 918,235.50 Total $7,594,384.76 FUNDS REQUIRED: Construction: (Reytec Construction Co.)"" ................................ $4,819,070.00 Construction: (Austin Traffic Signals) 918,235.50 Contingencies(10%)573,730.55 Engineering and Architect Fees: Consultant (Gignac Architects) * ............................................. 757,833.00 Consultant (HDR Engineering)**............................................. 244,250.00 Sheryl McMillan.................................................................. 7,125.00 VGFL Enterprises............................................................... 7,125.00 Geotechnical Testing (Rock Engineering)................................. 36,164.71 Construction Materials Testing (Rock Engineering)..................... 31,523.00 Reimbursements: 199,328.00 TOTAL $7,594,384.76 CihofCorpusChristi ESTIMATED PROJECT BUDGET BALANCE $0.00 * Contract was awarded by City Council on June 29, 2010. **Contract was awarded by City Council on September 27, 2011. **Contract was awarded by City Council on September 18, 2012. aking Your City Great. Bond 2008 4 Se Ak o 0ORPOR 11 1852 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of February 25, 2014 Action Agenda Item for the City Council Meeting of March 18, 2014 DATE: February 10, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager for Public Works & Utilities markvv @cctexas.com (361) 826-3189 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Annette Rodriguez, Director of Public Health annetter @cctexas.com (361) 826-7205 Execute Construction Contract Health Department Building Parking Lot CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Health Department Building Parking Lot Bond 2012 project in the amount of $150,000 from Fiscal Year 2015 to Fiscal Year 2014; increasing expenditures in the amount of $150,000; and authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $402,734.13 for Health Department Building Parking Lot for the Base Bid plus Additive Alternate Nos. 1 and 2. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to properly align the funding and obtain authority to execute the construction contract for the Health Department Building Parking Lot. BACKGROUND AND FINDINGS: This project is one of the Bond Issue 2012 Proposition No. 6 Public Health Improvements approved by the community in the general election held on November 6, 2012. The project includes replacement of the existing parking lot and sidewalks throughout the facility. K:\ENGINEERING\LEGISTAR\2-FEBRUARY 25\HEALTH DEPARTMENT BUILDING PARKING LOT\AGENDA MEMO-HEALTH DEPARTMENT BUILDING PARKING LOT.DOCX The base bid consists of site work and demolition, approximately 3,050 square feet of concrete sidewalk, 1,362 square yards of hot mix asphaltic concrete pavement, 981 square yards seal coat, and striping. Additive Alternate No. 1 consists of site work and demolition, approximately 120 square feet of concrete sidewalk, 618 square yards of hot mix asphaltic concrete pavement, 12,566 square feet of heavy duty reinforced concrete pavement, 1,416 square yards seal coat, reinforced concrete dumpster pad, lighting improvements including two (2) new poles, and striping. Additive Alternate No. 2 consists of site work and demolition, approximately 4,170 square feet of concrete sidewalk, in accordance with the plans, specifications and contract documents. On December 18, 2013, the City received proposals from five (5) bidders and their respective bids for the project Base Bid are as follows: Base Bid Base Bid Base Bid Base Bid Plus Plus Plus Plus Add. Alt. No. Add. Alt. Add. Alt. No. Add. Alt. No. 1 1 No. 1 Contractor Base Bid 1 (Part A thru (Part A thru (Part A thru (Part A thru Part C and Part D) and Part C and Part D) Part E) Add. Alt. No. Part E) and 2 Add. Alt. No. 2 Mako Contracting Corpus Christi, $135,435.11 $364,398.15 $364,987.15 $402,145.13 $402,734.13 Texas Garrett Construction Company $120,100.00 $375,600.00 $380,166.05 $420,703.70 $425,269.75 Ingleside, Texas KJM Commercial Corpus Christi, $128,313.04 $399,510.14 $397,757.73 $446,584.39 $444,831.98 Texas A. Ortiz Construction & Paving, Inc. $173,906.00 $503,783.50 $509,583.50 $571,658.00 $577,458.00 Corpus Christi, Texas Central Road and Utility, LTD. $152,211.00 $470,723.00 $475,073.00 No bid. No bid. Austin, Texas The Engineer's Opinion of Probable Construction Cost is $405,458.50 (for the Base Bid). ALTERNATIVES: 1. Authorize execution the construction contract. 2. Do not authorize execution of the construction contract. (Not recommended) OTHER CONSIDERATIONS: The City's engineer, Urban Engineering, conducted a bid analysis of the five (5) proposals submitted K:\ENGINEERING\LEGISTAR\2-FEBRUARY 25\HEALTH DEPARTMENT BUILDING PARKING LOT\AGENDA MEMO-HEALTH DEPARTMENT BUILDING PARKING LOT.DOCX to the City. The lowest bidder based on the Total Base Bid and Additive Alternate Nos. 1 and 2 is Mako Contracting of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Mako Contracting has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Health Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget 150,000.00 300,000.00 $450,000.00 This Item 150.000.00 150,000.00 Total Budget 150,000.00 450,000.00 600,000.00 Encumbered / 150,000.00 197,265.87 Expended Amount This item 402,734.13 402,734.13 Future Anticipated Expenditures 31,443.41 31,443.41 BALANCE 0 $15,822.46 1 $15,822.46 Fund(s): Public Health and Safety CIP Bond Issue 2012. Comments: The project construction requires 65 calendar days, with anticipated completion approximately May 2014. Thus, funding for this contract will only be required during Fiscal Year 2013- 2014. RECOMMENDATION: City staff and Urban Engineering recommend that the construction contract be awarded to Mako Contracting in the amount of $402,734.13 for the Health Department Building Parking Lot for the base bid plus additive alternate nos. 1 and 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\2-FEBRUARY 25\HEALTH DEPARTMENT BUILDING PARKING LOT\AGENDA MEMO-HEALTH DEPARTMENT BUILDING PARKING LOT.DOCX Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Health Department Building Parking Lot Bond 2012 project in the amount of $150,000 from Fiscal Year 2015 to Fiscal Year 2014; increasing expenditures in the amount of $150,000; and authorizing the City Manager, or designee, to execute a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $402,734.13 for Health Department Building Parking Lot for the Base Bid plus Additive Alternate Nos. 1 and 2. (Bond 2012) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $150,000 from Fiscal Year 2015 to Fiscal Year 2014 to the Health Department Building Parking Lot Project (Bond 2012). SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $150,000 to the Health Department Building Parking Lot Project (Bond 2012). SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Health Department Building Parking Lot Project (Bond 2012) for the Base Bid plus Additive Alternates One and Two in the amount of $402,734.13 with Mako Contracting of Corpus Christi, Texas for replacement of the existing parking lot and sidewalks throughout the facility. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET Health Department Building Parking Lot (Project No. E12125) PROJECT FUNDS AVAILABLE: Bond 2012................................................................................................... $600,000.00 FUNDS REQUIRED: Construction (Mako Contracting)..................................................................... $402,734.13 Contingency (10%)........................................................................................ 40,273.41 Design Fees: Engineer (Urban Engineering) ........................................................................ 64,200.00 Geotechnical Study and Testing (Rock Engineering)............................................ 7,500.00 Construction Materials Testing (Rock Engineering).............................................. 9,470.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)................................ 6,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)....................... 48,000.00 Finance...................................................................................................... 3,000.00 Misc. (Printing, Advertising, etc.)...................................................................... 3,000.00 TOTAL....................................................................................................... $584,177.54 ESTIMATED PROJECT BUDGET BALANCE.................................................... $15,822.46 / fir r r //��i J) Owl ���G rc, ,,.., ,,,� l.;, / Ir f,A ( r„' i ✓ r. a r..� ,r, %/ /'Fic� r r, l�i l,,,:1/1, /rr / r,,, %' ,.:.:r,�,,,/ ., ,�i ,,, 1 /// / ✓. r / cr G.r./ , .>, J f r ( r:,, ,I r,,, / 'f y,., /r 1. // ///r; '�;Jill y�.„ i� �„". %rill, min / %'�/// ✓� `r% r� ,o,�, r/ � ,t�,/ �i/// ri ,r/ .:r �i" /” ,i;, ;!/ -r// 1 , 4, %, r ✓,�a r/ / r i/ !% r, r //r §/% / / %'r , / /r,%/G, o ,a✓. rill /ii /r.f-- / r / // !r%, /` rr ri / ;,'i ,rri„,GI it/ r //: !� Gy.. r«�/ /r r J r �, // J % /l ✓p �r�i /i iin / / er, rri// / / r p ✓ Y: / ,r/ rr,r�„ ,/„„ ,�i AIMr �/!/ �prrJ r �� >i rr / /r PROJECT LC)CATIC�N / / r rrr/i /ice �� r r li jr ,,,,o;lj ,,,� , ?„ �'°/rr „✓< '., %r"" r ///G /r /r„� l� i/y/�� ;eP;rr%////, : i % /l / r. 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Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv @cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Engineering Design Contract Gollihar Road from Weber Road to Carroll Lane, Phase One from Carroll Lane to Kostoryz Road, Phase Two CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amount of $600,384.20 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $40,488.50 from Wastewater CIP Fund 4510; reserves in the amount of $32,390.80 from Water CIP Fund 4479; reserves in the amount of $8,097.70 from Gas CIP Fund 4551 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) Project; transferring budgeted funds in the amount of $600,384.20 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $40,488.50 from Wastewater CIP Fund 4510; reserves in the amount of $32,390.80 from Water CIP Fund 4479; reserves in the amount of $8,097.70 from Gas CIP Fund 4551 for the Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Project; increasing expenditures in the amount of $1,362,722.40; and authorizing the City Manager, or designee, to execute an engineering design contract with RVE, Inc. from Corpus Christi, Texas in the amount of $2,009,621.00 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) and Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Projects. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract with RVE, Inc. for Gollihar Road from Weber Road to Carroll Lane and Gollihar Road from Carroll Lane to Kostoryz Road so design work may begin and the project is ready for construction by the November 2014 proposed bond election. BACKGROUND AND FINDINGS: This project consists of the removal of the existing 5-lane roadway, curb and gutter, curb ramps and sidewalks from Kostoryz Road to Weber Road. The new roadway cross-section will be determined during project design. Related improvements include concrete sidewalks on each side of the street; traffic signal improvements at Carroll Lane and Kostoryz road; removal and replacement of the storm water laterals and inlets; cleaning and repair of existing storm sewer box culvert, or removal and replacement of existing box culverts, if deemed not traffic-rated; installation of additional storm sewer box culvert; removal of non-PVC water laterals and replacement with PVC water laterals; and removal of VCP wastewater lines and existing wastewater manholes and replacement with PVC wastewater lines and new fiberglass manholes. ALTERNATIVES: 1. Authorize execution of the contract. 2. Do not authorize execution of the contract. (Not recommended) OTHER CONSIDERATIONS: RVE, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond Issue 2014 Street Projects, dated August 1, 2013. RVE, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $270097621.00 $1377527179.00 $1577617800.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $270097621.00 $0.00 $270097621.00 Future Anticipated $0.00 $0.00 $1376907847.39 $1376907847.39 Expenditures BALANCE $0.001 $0.00 $617331.61 1 $617331.61 Fund(s): Street Tax Notes and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves remaining in older funds and from completed projects. Design is scheduled to be at least 30% complete prior to City Council approval of a final ballot list. Construction will proceed only upon voter-approval of projects in a November 2014 General Obligation Bond Election. The utility design work is being financed through unencumbered funds remaining in older utility revenue bonds resulting from competed projects and remaining interest proceeds. The Storm Water funds are coming from existing budgeted funds in the William Drive Outfall project. This project addresses the open channel drainage ditch east of Rodd Field Road and the proposed Williams Drive extension through this area. Due to new development proposed for this area, this project will be re- evaluated, and if necessary, re-budgeted in a future Capital Improvement Program budget as funding allows and need requires. RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contract with RVE, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer budgeted funds in the amount of $600,384.20 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $40,488.50 from Wastewater CIP Fund 4510; reserves in the amount of $32,390.80 from Water CIP Fund 4479; reserves in the amount of $8,097.70 from Gas CIP Fund 4551 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) Project; transferring budgeted funds in the amount of $600,384.20 from Storm Water CIP Fund 3495 Project No. E09025 Williams Drive Outfall; reserves in the amount of $40,488.50 from Wastewater CIP Fund 4510; reserves in the amount of $32,390.80 from Water CIP Fund 4479; reserves in the amount of $8,097.70 from Gas CIP Fund 4551 for the Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Project; increasing expenditures in the amount of $1,362,722.40; and authorizing the City Manager, or designee, to execute an engineering design contract with RVE, Inc. from Corpus Christi, Texas in the amount of $2,009,621.00 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) and Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Projects. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase the budget in the Street Improvement Project Gollihar Road from Weber Road to Carroll Lane (Phase One) by transferring $600,384.20 from the Willaims Drive Outfall Project No. E09025 in Storm Water Fund 3495, transferring $40,488.50 of unbudgeted reserves from Wastewater CIP Fund 4510; transferring $32,390.80 of unbudgeted reserves from Water CIP Fund 4479; and transferring $8,097.70 of unbudgeted reserves from Gas CIP Fund 4551 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) Project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase the budget in the Street Improvement Project Gollihar Road from Carroll Lane to Kostoryz (Phase Two) by transferring $600,384.20 from the Willaims Drive Outfall Project No. E09025 in Storm Water Fund 3495, transferring $40,488.50 of unbudgeted reserves from Wastewater CIP Fund 4510; transferring $32,390.80 of unbudgeted reserves from Water CIP Fund 4479; and transferring $8,097.70 of unbudgeted reserves from Gas CIP Fund 4551 for the Gollihar Road from Carroll Lane to Kostoryz (Phase Two) Project. SECTION 3. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $1,362,722.40 for the Gollihar Road from Weber Road to Carroll Lane (Phase One) and Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Projects. SECTION 4. The City Manager or designee is authorized to execute an engineering design contract for the Gollihar Road from Weber Road to Carroll Lane (Phase One) Project and Gollihar Road from Carroll Lane to Kostoryz Road (Phase Two) Project in the amount of $2,009,621.00 with RVE, Inc. from Corpus Christi, Texas. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET Gollihar Road Improvements from Weber to Carroll (Project No. E13088) from Caroll to Kostoryz (Project No. E13089) FUNDS AVAILABLE: StreetTax Notes.................................................................................................. $646,898.60 WastewaterCIP................................................................................................... 80,977.00 Storm Water CIP................................................................................................. 1,200,768.40 WaterCIP.......................................................................................................... 64,781.60 GasCI P............................................................................................................. 16,195.40 • Future 2014 General Obligation Bonds................................................................... 7,503,101.40 • Future Capital Improvements - Revenue Bonds (Utility)............................................. 6,249,077.60 TOTAL.............................................................................................................. $15,761,800.00 FUNDS REQUIRED: *Construction (preliminary estimate)........................................................................ $11,113,636.35 Contingency (10%)............................................................................................... 1,111,363.64 Design Fees: **Design Engineer (RVE, Inc.) (authorized services) .................................................. 2,009,621.00 Construction Materials Testing (TBD)....................................................................... 283,712.40 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)....................................... 354,640.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services).............................. 551,663.00 Finance............................................................................................................. 197,022.50 Misc. (Printing, Advertising, etc.)............................................................................. 78,809.00 TOTAL.............................................................................................................. $15,700,468.39 ESTIMATED PROJECT BUDGET BALANCE........................................................... $61,331.61 *Will be required only if construction is approved by City Voters in a future Bond Election **Includes geotechnical study and investigation K:\ENGINEERING DATAEXCHANGE\JORGEC2\JORGEC\MISC\EXHIBITS\EXHEl3O88—El3O89\EXHEl3O88—El3O89 ....... PF I/ A e rr V 0,4 7 NU 1 J �W I......................... 0 AC I /4 io� hmms i, ily! 0 v YA, 4K," Y9 Wi fi,q' A Al X Pr PROJECT LOCA TION 't"00"Al, E13089 yji, Id 5141 Klll-oji,�Ii�, A. x-ag, 7 Ny, MR,,7`1 51 Z, "ij Im )p afm 01 gi g,/g @v qg 71 (@/g/i plfw, ale, Aw 'APRiy 'i,I w,;iii,",ffl m. .... % 'A Of ,0A, 41 0! Yff 4"T "A' W5/--`I,///�l i, V w f 5 I"",TO IV Ii�,I vp 2 5 Am al p, &,Z,I// On Al, ff, On n"m 440 41 7, IAT,ii(� ? (,/q 4/l/Alk"i/ A� )/ff"U'AAA, PROJECTLOCATION E13088 1 2//11 "/FM op q "41, Y LOCATION MAP NOT TO SCALE PROJECT#E13088 E13089 Ij l/v CITY COUNCIL EXHIBIT GOLLIHAR CITY OF CORPUS CHRISTI, TEXAS FROM WEBER TO KOSTORYZ DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 i P ° 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 RVE, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—A/E), hereby agree as follows;. 1. SCOPE OF PROJECT Gollihar Road Improvements — Kostoryz Road to Weber Road (2014 Bond Issue) - Project No(s) E13088 & E13089 The Gollihar Road Improvements Project involves removal of the existing 5-lane roadway, curb and gutter, curb ramps and sidewalks from Kostoryz Road to Weber Road and replacement with a new 5-lane roadway(3-lane if warranted by traffic analysis)with in- street bike lanes and 5'-wide concrete sidewalks on each side of the street; traffic signal improvements at Carroll Lane and Kostoryz road; removal and replacement of the stormwater laterals and inlets; cleaning and repair of existing storm sewer box culvert, or removal and replacement of existing box culverts, if deemed not traffic-rated; installation of additional storm sewer box culvert; removal of non-PVC water laterals and replacement with PVC water laterals; and removal of VCP wastewater lines and existing wastewater manholes and replacement with PVC wastewater lines and new fiberglass manholes. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,A/E will provide monthly status updates(project progress or delays, gantt charts presented with monthly invoices)and provide contract administration services, as described in Exhibit"A' and "A-1", to complete the Project. Exhibit"A-1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit"A". Work will not begin on Additional Services until requested by the A/E(provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"-(Basic Services for Construction Projects")which are shown and are in accordance with"Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. CONTRACT FOR ENGINEERING(ME)SERVICES Pagel of 4 3. ORDER OF SERVICES The AIE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. AIE shall notify the City of Corpus Christi within three (3)days of notice if tasks requested requires an additional fee. 4. MANDATORY REQUIREMENTS AIE agrees to the mandatory contract and insurance requirements as set forth in Exhibit "B" 5. FEE The City will pay the AIE a fee, as described in Exhibit "A", for providing services authorized. 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 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.) CONTRACT FOR ENGINEERING{AIE)SERVICES Page 2 of 4 8. ASSIGNABILITY The AIE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the AIE is a partnership,then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the AIE fee may be assigned in advance of receipt by the AIE without written consent of the City. 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 AIE without the express written consent of the Director of Engineering Services. However, the AIE 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. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by an insurance company acceptable to the City. The Consultant further agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 11. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI RV Mark Van Vleck, P.E. Date Patrick D. Veteto, P.E. Date Interim Assistant City Manager 820 Buffalo Street for Public Works & Utilities Corpus Christi, TX 78401 (361) 887-8851 Office (361) 887-8855 Fax CONTRACT FOR ENGINEERING(A!E)SERVICES Page 3 of 4 RECOMMENDED Daniel Biles, P.E. Date Executive Director of Public Works Operating Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary ..................................................................................................................,......,......... ,..m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, �Gollihar from Weber„to Carroll, Pro*„ect„,No. E7 3088 BOND ISSUE 2014 - .... .... ,,,„ Department Fund No. Fund Name Amount Stree# 550950-3550-00000-E13088 Streets 2013 TN Bond 2014 Desi n $323,449.30 ... ,,,,,,,,, .............................................................................................................................................................................. Wastewater 550950-451000000-E13088 Wastewater„CapitalReserves $40,488.50 Storm Water 550950-3494-00000-E13088 Storm Water 2012A CIP Fd Rv Bd . $600,384.20 ............................................... ................................................................ .._ ............. -„ 550950-4479-00000-E13088 Water 20106 REV Txbl BAB as 550950-4551-00000-E13088 Gas 09 CIP Fund rev bd 08G0 $8 097.70 ........ ......................................................................................................................................................................... Subtotal $1,004,810.50 .................................................................................................................................................,,,,............................................................... Gollihar from Carroll to Kosto z Pro'ect No. E13089 BOND ISSUE 2014 Street 550950-3550-00000-E13089 Streets 2013 TN Bond 2014 Desi n $323,449.30 Wastewater 550950-4510-00000-E13089 Wastewater Capital Reserves $40,488.50 ................ Storm Water 550950-3494-00000-E13089 Storm Water 2012A CIP Fd Rv Bd $600,384.20 Water 550950-4479-00000-E13089 Water 2010B REV Txbl BAB $32,390.80 Gas 550950-4551.00000-E13089 Gas 09 CIP,Fund (rev ,08G0 $8,097.70 Subtotal $1,004,810.50 .............................................. „ Total $2,009,621.00 Encumbrance No. CONTRACT FOR ENGINEERING(A!E)SERVICES Page 4 of 4 EXHIBIT"A" CITY OF CORPUS CHRISTI, TEXAS Gollihar Road Improvements (Kostoryz Road to Weber Road) Project No(s): E13088 & E13089 Bond Issue 2014 IM SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant)will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Prepare geotechnical investigation findings (see Additional Services). d) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life- cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA)"Real Cost" Program. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develen drainage area heundan• man far existiRn_and_prr_pose d-dFa'F;+@e aFean seNed. (MOVED TO ADDITIONAL SERVICES) j) GeRduGt the hydFaulie analysis to quantify the St9FFR seweF desigR of existing and .(MOVED TO ADDITIONAL SERVICES) k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG,LISPS,affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. P) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: EXHIBIT"A" Page 1 of 13 Revised November 26,2013 1. Provide a concise presentation of pertinent factors,sketches,designs,cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical,construction,and geotechnical issues;meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. u n Fe• nn GGSt sayings teward City eneratienn whie.h this nreiest will aftr.t 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table&required ROW parcels. (If AUTHORIZED as an Additional Service.) q) Submit one(1)copy in an approved electronic format,and one(1)paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. (Proprietary work will be submitted as a PDF.) S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1)set of the Final Engineering Letter Report(ELR)(electronic and hard copies using City Standards as applicable) suitable for reproduction. U) - - Assist /wit., in presenting summaryy of EI R findings to the SiGyGle and Pedestrian Q Peiyer-Or.ief pFeseatetie R,hander etc anrl evhihitS fnr meeting. We vide fellew_i.n and (MOVED TO ADDITIONAL SERVICES) City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings and record information in electronic format as available from City Engineering files. C) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (AIE to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. h) Preliminary Traffic Impact Assessment. EXHIBIT"A" Page 2 of 13 Revised November 26,2013 Any information marked proprietary,or copyrighted,provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary,or copyrighted, provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. The City will provide a list of utility franchises within the Project area. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction(to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". i) Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets,warning and barricades,as well as standards sheets for barricades, traffic control plan,work zone pavement markings and signage. Preparation of specific traffic control plans is not included in the scope of this contract. The Contractor shall be responsible for preparation and approval of specific Traffic Control plans appropriate to the Contractor's means and methods. ii) , dfawiflgs Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. i) Required with the interim plans is a "Plan Executive Summary', project checklist &drawing checklist, which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. ii) Attend 60%submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) PFO;;ide one (1) set of the pr-e-final plans and bid de-suments D h) Hold PF(�jeet D p per+ meetings to attte Rdees within five WeFking days ys a the Fneet♦ni . Assimilate f EXHIBIT"A" Page 3 of 13 Revised November 26.2013 i} Provide one(1)set of the final(100%)plans(unsealed and unstamped-electronic and hard copy using City Standards as applicable)for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final Plans and contract documents (electronic and hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QAIQC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required(and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee,Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See attachment'A' for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility,authority,and control for coordinating activities for the roRntr., nflnn rentFaet awarded. City during the Design Phase. b) Provide the budget for the Project specifying the funds available forthe construction contract. G) Provide electronic copy of the City's standard specifications,standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The AIE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format,for the Engineering Services'approval,any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above,the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. EXHIBIT"A" Page 4 of 13 Revised November 26,2013 The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders,receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. e) Provide draft document format for the Authorization to Advertise and for the Agenda Memoranda. 4. Construction Administration Phase(Estimated 18-Month Construction Duration). The AIE will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. €)--Pfepafe Assist the City in the preparation of change orders as authorized by the City. , g) Review, evar-W�,a d resemrnend fef Gi . ^^ASide�im-A GGRtFaGtGF (MOVED TO ADDITIONAL SERVICES) h) Attend final inspection with City staff, provide punch list items for Contractor completion,and provide the City with a Certificate of Completion forthe project upon successful completion of the project. i) Review Contractor-provided construction"red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two(2)months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. C) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. d) Prepare change orders as required. EXHIBIT"A" Page 5 of 13 Revised November 26,2013 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. AIE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The AIE shall,with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The AIE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) , th 6) Wetlands Det�ea and Permit �� t NGI NOT-) h) Texas HiStGgGal Commission (T-MG i) U.S. Fish and Wildlife SeFvire (IJSF-W&) j) U.S. AFmy GeFps of FingipeeFs (USAGE-) k) URRP-d- States *Mmental Pmten#ien Anenry(I ICCPA) � r.i'1'[OTTTVS�..Vi1C�7'ST7C��i I'iQ�"��QCf�7T� I) Texas Department of Licensing and Regulation (TDLR) m) Texas General Land Gffine (T-GI O 2. Right-of-Way (ROW) Acquisition,Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System(GPS)control network.All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence comers, monuments,and iron pins within the existing ROW and analyze to establish existing apparent ROW.AIE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. C) Provide a preliminary base map containing apparent ROW,which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bounds Instrument with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility easements and temporary construction easements. 3. Topographic Survey and PaFcel DesGFi0tIGFm ROW Verification. All work must be tied to and conform with the City's Global Positioning System(GPS)control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' EXHIBIT"A" Page 6 of 13 Revised November 26,2013 Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2)found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied—i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional(non-GPS)methods.Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x,y,and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown.Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. par,eRt tFaGts at"not te SGale"and f9F infei:FnaWR enly.All existing easements within FR) PFePBFB lRdividual signed and sealed PBFGel Maps 8Rd legal desrdpt*eRs f8F the pame'S FeqUiFed will be submitted a19R@ with paFrel deSGFiptiMs.AddifiGRal fees FRa o 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Subsurface Utility investloatu Engineering a) Provide subsurface utility engineering in accordance with ASCE Standard"ASCE C- I, 38-02,Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"including, but not limited to,hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground EXHIBIT"A" Page 7 of 13 Revised November 26.2013 utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level A. vi) Gas—Gas facilities within the project limits will be located to Quality Level A by the AIE. The City of Corpus Christi Gas Department will provide Quality Level C. The AIE will coordinate this activity. vii) Add SUE findings to topographic survey. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. A list of franchises within the Project area will be provided by the City. 6. Public Involvement&Presentation to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC) (4 Meetin s Total), a) Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. meetings. b) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory-Committee(TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. 7. Construction Observation Services (Estimated 18-Month Construction Duration). (To be determined at a later date. Not included in this contract.) 8 Start-up SeFvires. Pride en ske (NOT APPLICABLE) 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair,fix, restore, patch,or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action,with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. EXHIBIT"A" Page 8 of 13 Revised November 26,2013 9. Drainacie Analysis of Gollihar Drainage Basin and Existina Storm Infrastructure. Develop drainage area boundary map for the Gollihar Drainage Basin. Perform hydrologic calculations to determine stormwater runoff flow rates. Conduct hydraulic analysis to determine the capacity of existing storm sewer lines and required storm sewer infrastructure capacity upgrades from Corpus Christi Bay to Kostoryz Road. Drainage study includes analysis of interconnects to adjacent drainage basins. All H&H calculations will be performed in accordance with the City's current Draft Drainage Criteria. Prepare an assessment of adverse impacts (upstream and downstream) in the event that required downstream storm sewer capacity upgrades are not installed. Include findings of Drainage Analysis in the ELR. 10. Topographic Survey to Accompany Drainage Analysis. Perform topographic survey of the Gollihar Drainage Basin discharge route from Weber Road to Corpus Christi Bay. The topographic survey will include location,flowlines and sizes of the existing box culvert,cross- sections of the Carmel Parkway ditch and Lamar Park and details of the outfall at Corpus Christi Bay. 11. Evaluation of Existing Box Culvert. Inspect and evaluate the existing concrete box culvert in Gollihar Road from Kostoryz Road to Weber Road. Determine the condition of the box culvert, review Record Drawings of the box culvert, and determine its current capacity for direct vehicle loading. Recommend upgrades needed to permit HL-90 direct loading and repairs needed to extend its service life. Traffic control and confined space certification, equipment and personnel are required to perform this work and are included in the scope of services of this line item. Radar inspection of the existing box culverts to verify the presence of the design steel per the Record Drawings is also included in the scope of this line item. 12. Concrete Cores of the Existing Box Culvert. Along the length of the existing box culvert from Kostoryz Road to Weber Road, perform concrete cores of the top and sides at seven (7)locations—a total of 21 cores. Perform compressive strength tests of the cores to verify current concrete strengths. The results of the strength tests will be utilized in the above Evaluation of the Existing Box Culvert. Traffic control and confined space certification, equipment and personnel are required to perform this work and are included in the scope of services of this line item. If the Record Drawings indicate that the existing box culverts are composed of pre-cast, traffic rated box culverts, this work may not be required. 13. Design Repairs to the Existing Box Culvert. RVE will design cleaning and repair methods for the existing box culvert as recommended in the Evaluation Report and include in the Project construction plans. 14. Design Removal and Replacement of the Existing Box Culvert. If it is determined during the evaluation phase that the existing box culverts are not traffic-rated, RVE can design the removal of the existing box culvert and replacement with a pre-cast,traffic-rated box culvert and include in the Project construction plans. If these services are determined as necessary, a Contract Amendment for additional fees will be required for this work. 15. Geotechnical Investigations and Recommendations. Perform pavement cores and borings at approximately 500' intervals in the travel lanes in each direction (22 locations) using proper traffic control measures and devices. Analyze cores and borings to determine thickness of existing paving constituents and determine properties of native subgrade soils. Observe and document groundwater readings. Prepare a geotechnical report to be attached to the ELR including boring logs,discussion of the engineering properties of the subsurface materials encountered,trench excavation design parameters,utility trench recommendations and pavement recommendations. EXHIBIT"A" Page 9 of 13 Revised November 26,2013 16. Traffic Analysis and Modeling. Review traffic data provided by the City. Conduct a field review of the existing roadways within the study area to note and verify lane configurations, speeds, roadway geometrics and to observe existing traffic operations and operational problems. Develop a traffic model and determine the appropriate street section(i.e.number of lanes). 17. Signal Design Modifications at Carroll Lane. Conduct field review of the intersection to note and verify existing traffic signal equipment, intersection geometrics, physical constraints, power connection, utility placement and other details necessary for signal plan preparation. Coordinate with City to obtain signal improvement requirements. Prepare construction drawings and specifications for signal improvements. Provide Bid and Construction Phase services as described above in Basic Services Items 3 & 4 related to signal improvements. 18. Signal Design Modifications at Kostoryz Road. Conduct field review of the intersection to note and verify existing traffic signal equipment, intersection geometrics, physical constraints, power connection, utility placement and other details necessary for signal plan preparation. Coordinate with City to obtain signal improvement requirements. Prepare construction drawings and specifications for signal improvements. Provide Bid and Construction Phase services as described above in Basic Services Items 3 & 4 related to signal improvements. 19. 18 Months of BI-Weekly Construction Progress Meetings. In addition to the services provided under Basic Services Item 4 — Construction Administration, the RVE design engineer will attend bi-weekly Construction Progress Meetings with City Construction Inspection personnel throughout the 18-month duration of construction and prepare meeting minutes for each meeting. 20. Additional Six (6) Months of Construction Administration Services & Progress Meetings. Allowance for an additional six (6) months of Construction Administration Services as described above in Basic Services Item 4 plus attendance at bi-weekly Construction Progress Meetings and preparation of meeting minutes. 21. Phase 1 Environmental Assessment. RVE will perform a Phase 1 Environmental Assessment of the project area (i.e. Gollihar Road from Kostoryz Road to Weber Road)to identify any past or current environmental concems. The results of the assessment will be included in the ELR. 22. Value Engineering Proposal Review. RVE will review, evaluate and recommend for City consideration Contractor Value Engineering Proposals submitted by the Contractor. Value Engineering Proposals must be complete,containing all required information necessaryfor a comprehensive review,and must be signed and sealed by a Licensed Professional Engineer in the State of Texas in order to be accepted for review. Engineering services under this item will be invoiced to the City on a Time and Materials basis. 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 Bees-net supefsede-supplements Exhibit"A". EXHIBIT"A" Page 10 of 13 Revised November 26,2013 SCHEDULE tl --,.,.. ...mm_. ... . Date January 27, 2014 Ci -Provided Traffic„Im.a,ct,Assessrn,ent w Begin Preliminary Phase Upon receipt of NTP1- March 2014) „ -ft ELR 3 Months after receipt of NTP(= End May 2014 Submit Draft . e..v .....m ........ ... CiReview ... . ........................................................................ e 1 d_M.........o...J....n...u...t....l h ,,,,,,.. ,. ”"''''""",,,,,,,,. , S ubmit FinaLELR Y ..._t.......e.......r...._receipt of Draft ELR comments fro...m....__.C�it..y......(....=...... _............__.................................................... -.._........... m Submit 60% Design 6 Months after receipt of NTP from City (= Mid August 201.4,,,,,,, ,,,,,,,,,,,,,,,,.___..... .. Ci Review _..................._ 6 Weeks ... ..._. ._. ................................�. .. ........ -.„,,,,,,,, . ... ........................................... ............................................ ............... ..-.-. ipf .......,. Submit 100/ Desi g n nths o 60%comments from City w(=End ....... Nove „ _ ......„........................ .. ........................................................... ............................................................................... . CReview 1 Month_„,, w ,,,... ..... _ ......� ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Submit Sealed Plans & Docs 3 Weeks receP tof comments from City (- End January 2015 ...._............�...�...................._..............�._..................................�......................................................... ..... ..... Advertise for Bids 2 Weeks after Sealed Submittal _..............__......__.._................._...__........_............................................................... _._........�..........................�..�.�.... ...................................... ... ....... ............................................................. I Pre-Bid Conference 2 Weeks after Advertisement Rece... ............�.................................................................................... ........................._............._..............................�.......� ��.�a.���.nt ive Bids 4 Weeks after. �Advertisement ertiseme Contract.Award,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,-,.� .�,,.�,�.M � 4 Weeks after _._........_.............___........_.. ,,,,,,,,,,,,,,,,,,,,,,,, receiptof Bids_. ................................................................................................................._. .......,,,....,_... . ..................,,,,,,,,..._,,,,mm............................................................................ ................................................... ... ...............................................,��, ..,. ..................................__....._...... ............._._.__.____.................... PeAA ,.Co,nstruction„.... ...... .. ................... 4,Weeks maftermAward.of,..,,,,,,,,,,,,,,,,,., L+ .,,,, .,..., Contract `,,,,,,,,,, a 01,.E .... - . Complete Construction Approximately 18 Months after Begin Construction (� October 2016 III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all"Basic Services” authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. ,The statements will be based upon A/E's estimate(and with City's concurrence)of the proportion of the total services actually completed at the time of billing. FeFsewises-pFev+ded-iR SeGtien I.e.A the statement will be based Upen the per-Gent Gf nnexnletien of the renstn.ntien sent City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B."Additional Services,”the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT"A" Page 11 of 13 Revised November 26,2013 Summary of Fees Original Contract Street Wastewater Storm Water Gas Total Water Basic Services Fees 1.Preliminary Phase $ 44,681.10 $ 6,570.75 $ 73,592.40 $ 5,256.60 $ 1,314.15 $ 131,415.00 2.Design Phase $293,933.40 $43,225.50 $ 484,125.60 $34,580.40 $ 8,645.10 $ 864,510.00 3.Bid Phase $ 11,883.00 $ 1,747.50 $ 19,572.00 $ 1,398.00 $ 349.50 $ 34,950.00 4.Construction Phase $ 67,371.00 $ 9,907.50 $ 110,964.00 $ 7,926.00 $ 1,981.50 $ 198,150.00 Subtotal Basic Services Fees $417,868.50 $61,451.25 $ 688,254.00 $49,161.00 $12,290.25 $1,229,025.00 Additional Services Fees (Allowance) 1. Permitting: TDLR $ 3,105.00 $ 3,105.00 Authorized 2. Right-of-Way(ROW) $ 6,800.00 $ 1,000.00 $ 11,200.00 $ 800.00 $ 200.00 $ 20,000.00 Acquisition Survey 3, Topographic Survey& ROW Verification $ 37,614.20 $ 5,531.50 $ 61,952.80 $ 4,425.20 $ 1,106.30 $ 110,630.00 Authorized 4. Environmental Issues (Hazardous Materials $ 1,700.00 $ 250.00 $ 2,800.00 $ 200.00 $ 50.00 $ 5,000.00 Encountered During Construction 5. Subsurface Utility Engineering(SUE) $ 16,105.80 $ 2,368.50 $ 26,527.20 $ 1,894.80 $ 473.70 $ 47,370.00 Authorized 6. Public Meetings& Committee Presentations $ 8,806.00 $ 1,295.00 $ 14,504.00 $ 1,036.00 $ 259.00 $ 25,900.00 (4 Meetings Total) Authorized 7. Construction Observation TBD Services 8. Warranty Phase $ 1,173.00 $ 172.50 $ 1,932.00 $ 138.00 $ 34.50 $ 3,450.00 9. Drainage Analysis of Gollihar Drainage Basin $ 68,700.00 $ 68,700.00 Authorized 10. Drainage Topographic $ 63,660.00 $ 63,660.00 Survey Authorized 11. Evaluation of Existing Box $ 91,495.00 $ 91,495.00 Culvert Authorized 12. Concrete Cores of Existing $ 44,971.00 $ 44,971.00 Box Culvert Authorized 13. Design Repairs to the Existing Box Culvert $ 25,000.00 $ 25,000.00 Authorized 14. Design Removal& Replacement of the TBD Existing Box Culvert 15. Geotechnicai Investigations and $ 16,253.70 $ 2,390.25 $ 26,770.80 $ 1,912.20 $ 478.05 $ 47,805.00 Recommendations Authorized 16. Traffic Analysis&Modeling $ 32,700.00 $ 32,700.00 17. Signal Design Modifications at Carroll $ 30,225.00 $ 30,225.00 Lane EXHIBIT"A" Page 12 of 13 Revised November 26,2013 18. Signal Design Modifications at Kostoryz $ 30,225.00 $ 30,225.00 Road 19. Construction Progress $ 16,156.80 $ 2,376.00 $ 26,611.20 $ 1,900.80 $ 475.20 $ 47,520.00 Meetings 18 Months 20. Additional 6-Months of Construction Administration $ 19,665.60 $ 2,892.00 $ 32,390.40 $ 2,313.60 $ 578.40 $ 57,840.00 Services&Progress Mt s. 21. Phase 1 Environmental Assessment of Project $ 3,400.00 $ 500.00 $ 5,600.00 $ 400.00 $ 100.00 $ 10,000.00 Area 22. Value Engineering $ 5,100.00 $ 750.00 $ 8,400.00 $ 600.00 $ 150.00 $ 15,000.00 Proposal Review Sub-Total Additional Services Fees $229,030.10 $ 19,525.75 $ 512,514.40 $15,620.60 $ 3,905.15 $ 780,596.00 Total Authorized Fee $646,898.60 $80,977.00 $1,200,768.40 $64,781.60 $16,195.40 $2,009,629.00 EXHIBIT"A" Page 13 of 13 Revised November 26,2013 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS Gollihar Road Improvements Kostoryz Road to Weber Road 2014 Bond Issue) Project No(s) E13088 & E13089 TASK LIST GENERAL The Gollihar Road Improvements Project involves removal of the existing 5- lane roadway, curb and gutter, curb ramps and sidewalks from Kostoryz Road to Weber Road and replacement with a new 5-lane roadway (3-lane if warranted by traffic analysis) with in-street bike lanes and 5'-wide concrete sidewalks on each side of the street; traffic signal improvements at Carroll Lane and Kostoryz road; removal and replacement of the stormwater laterals and inlets; cleaning and repair of existing storm sewer box culvert, or removal and replacement of existing box culverts, if deemed not traffic-rated; installation of additional storm sewer box culvert; removal of non-PVC water laterals and replacement with PVC water laterals; and removal of VCP wastewater lines and existing wastewater manholes and replacement with PVC wastewater lines and new fiberglass manholes. The estimated construction cost for the project is $5,644,000 (street) + $10,859,000 (utilities) _ $16,503,000. Exhibit "A". I. A. - BASIC SERVICES Preliminary Phase Provide Preliminary Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following condition: Exhibit "A'. I. A. 1 - Clarification RVE will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to AGCM at its discretion and coordinate with AGCM to receive comments. The City will incorporate any comments received from AGCM deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Preliminary Phase, RVE's point of contact for Project decisions will be the City's Project Manager. Design Phase Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following conditions: EXHIBIT"A-1" Page 1 or 5 Exhibit"A", I. A. 2 - Clarification RVE will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to AGCM at its discretion and coordinate with AGCM to receive comments. The City will incorporate any comments received from AGCM deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Design Phase, RVE's point of contact for Project decisions will be the City's Project Manager. Exhibit"A", I. A. 2. d) - Clarifications 1. The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures for certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor is responsible for the preparation and approval of specific traffic control plan(s) that coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and may incorporate the typical examples provided in the construction plans. 2. The design of storm sewer infrastructure improvements as part of Basic Services shall be limited to the removal and replacement of existing curb inlets and storm sewer laterals and the construction of additional box culverts alongside the existing box culvert within the Project area — Gollihar Road from Kostoryz Road to Weber Road. Should it be determined during the investigation of the existing box culvert that the existing box culvert is not traffic-rated and must be removed and replaced with a traffic-rated box culvert, the design services associated with the box culvert removal and replacement will be provided under Additional Services Item 14. Design of offsite storm sewer improvements is not included in the scope of this Contract. 3. This contract covers the design of two (2) City projects: E13088 and E13089. Under the scope of work of this Contract, RVE will combine the two (2) City projects into one (1) set of construction plans and contract documents to be bid as one (1) project. Within the one (1) set of construction documents, RVE will divide the Project into parts (Part 1: E13089 and Part 2: E13088) for separate accounting of City funds. Bid Phase Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT-A-V Page 2 of 5 Construction Phase Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Exhibit "A", I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting • TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. 2. ROW Acquisition Survey Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 3. Topographic Survey & ROW Verification Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 4. Environmental Issues Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 5. Subsurface Utility Engineering (S.U.E.) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. The City will provide RVE with an approved site for the disposal of the S.U.E. waste material. 6. Public Involvement & Presentation to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC) (4 Meetings Total) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 7. Construction Observation Services To be determined at a later date. Services are not included in the scope EXHIBIT"A-1" Page 3 of 5 of this Contract. 8. Warranty Phase Services Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 9. Drainage Analysis of Gollihar Drainage Basin and Existing Storm Infrastructure Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 10. Topographic Survey to Accompany Drainage Analysis Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 11. Evaluation of Existing Box Culvert Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 12. Concrete Cores of the Existing Box Culvert Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 13. Design Repairs to the Existing Box Culvert Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 14. Design Removal and Replacement of the Existing Box Culvert To be determined at a later date, if required. Services are not included in the scope of this Contract. 15. Geotechnical Investigations and Recommendations Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 16. Traffic Analysis and Modeling Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT"A-1" Page 4 of 5 17. Signal Design Modifications at Carroll Lane Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 18. Signal Design Modifications at KostoDg Road Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 19. 18 Months of Bi-Weekly Construction Progress Meetings Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 20. Additional Six (6) Months Construction Administration Services & Progress Meetings Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. The engineering fee associated with this Additional Service Line Item is based upon an estimated $9,640 per month expenditure for Construction Administration services. 21. Phase 1 Environmental Assessment of the Project Area Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 22. Value Engineering Proposal Review Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT"A-1" Aagc 5 ors EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury& Property Damage non-renewal or material change required on all cert'if'icates 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 re ardin who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,0001500,0001500,000 EXHIBIT"B" KlEnglme&g 0a4Ex@h&ngeCW6zW1C1Py Fae s-Sarp D0Gk9PfiA5SWnW SaMm Conimen"GE AE EXHOr 2oio.owx Page 1 of 3 C. In the event of accidents of any Kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"B" KlEr4needng Da1aEaehange0adssaJ1ay faeMsI3429-Barge oaewarrn wk WnW Se� es imeNLARGE EXH1Brr 5 zoio.00cx Page 2 of 3 H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, Including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such Injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. This INDEMNIFICATION AND HOLD HARMLESS is waived for any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attomeys' 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 design or construction of bicycle lanes within the roadways. EXHIBIT=of Ki n®i rtrrq aExen Ala I FaeNi 8 k1Prd i®nalService: traellLARGE EXHIBIT B-WT 2010. X Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Previous Invoiced Invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for. Payment Request Revised 07/27/00 SUPPLER NUMBER To BE ASSIGNED BY CF Y PURCHASING DIVISION or CITY OF CORPEIS CHRISTI cry C DISCLOSURE OF INTEREST a City of Corpus Christi Ordinance 17112,as amended,requires all persons or firms seekin to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA'. See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: RVE,Inc. P.O.BOX: STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 79401 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary.please use the reverse side of this ge or attach separate sheet. 1. State the names of each "employee' of the City of Corpus Christi having an 'ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) NIA 2. State the names of each "official" of the City, of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title NIA 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named'firm" Name Board,Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on an matter related to the sub'ect of this contract and has an "ownership interest" constituting 3%or more of the ownership in a above named"firm:' Name Consultant NIA 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 em loyce that is distinguishable from the effect that the action will have on members or 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)l 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: Patrick D.Vetet ,P E. A Title: President (T)pe or Print) Signature of Certifying Date: 41-18-I3 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 benefitff'. 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, Gollihar Road from Weber to Carroll Lane (Phase One) from Carroll Lane to Kostoryz (Phase Two) Corpus Chr sti Engineering Council Presentation February 25, 2014 Project Scope Corpus Chr'sti Engineering 2 Project Schedule Corpus Chr sti Engineering Feb Mar Apr May 2014 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May 2015 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 2016 Apr May Jun Jul Aug Sep Project Construction Estimate: 540 Calendar Days N 18 Months * Actual bid date and construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget Corpus Chr sti Engineering Street Tax Notes...... Wastewater CIP Storm Water CIP...... Water CIP...... Gas CIP... * Future 2014 General Obligation Bonds...... . ... . * Future Capital Improvements - Revenue Bonds (Utility) TOTAL...... FUNDS REQUIRED: *Construction (preliminary estimate)...... Contingency (10%)... **Design Engineer (RVE, Inc.) (authorized services) Construction Materials Testing (TBD)...... Reimbursements... TOTAL...... ESTIMATED PROJECT BUDGET BALANCE *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation $646,898.60 80,977.00 1,200,768.40 64,781.60 16,195.40 7,503,101.40 6,249,077.60 $15,761,800.00 $11,113,636.35 1,111,363.64 2,009,621.00 283,712.40 1,182,135.00 $15,700,468.39 $61,331.61 4 �vs ox 0 A. AGENDA MEMORANDUM wIORPOKR o First Reading for the City Council Meeting of February 25, 2014 1852 Second Reading for the City Council Meeting of March 18, 2014 DATE: January 21, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Southern Minerals Road from Up River to IH 37 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $151,145.75 from Storm Water CIP Fund 3494, $70,795.79 from Wastewater CIP Fund 4510, and $65,349.96 from Water CIP Fund 4088 to the Bond 2014 Street Project Southern Minerals Road from Up River to IH 37; increasing expenditures in the amount of $287,291.50; and authorizing the City Manager, or designee, to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas in the amount of $604,675.00 for Southern Minerals Road from Up River to IH 37. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract with LNV, Inc. for Southern Minerals from Up River to IH 37 project so design work may begin and the project is ready for construction by the November 2014 proposed bond election. BACKGROUND AND FINDINGS: Project limits include Southern Minerals Road from Up River Road to the north frontage road for IH 37. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. The anticipated construction consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb, gutter, sidewalks, driveways, and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design ALTERNATIVES: 1. Authorize execution the contract. 2. Do not authorize execution the contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond Issue 2014 Street Projects, dated August 1, 2013. LNV, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $604,675.00 $5,555,325.00 $6,160,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $604,675.00 $0.00 $604,675.00 Future Anticipated $0.00 $0.00 $5,408,480.00 $5,408,480.00 Expenditures BALANCE $0.00 $0.00 $146,845.00 $146,845.00 Fund(s): Street Bond Issue 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves from completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the engineering design contract with LNV, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $151,145.75 from Storm Water CIP Fund 3494, $70,795.79 from Wastewater CIP Fund 4510, and $65,349.96 from Water CIP Fund 4088 to the Bond 2014 Street Project Southern Minerals Road from Up River to IH 37; increasing expenditures in the amount of $287291.50; and authorizing the City Manager, or designee, to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas in the amount of$604,675.00 for Southern Minerals Road from Up River to IH 37. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $151,145.75 in Storm Water Capital Improvement Program Reserves from Fund 3494, $70,795.79 in Wastewater Capital Improvement Program Reserves from Fund 4510, and $65,349.96 in Water Capital Improvement Program Reserves from Fund 4088 to the Bond 2014 project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $287,291.50. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract with LNV, Inc. from Corpus Christi, Texas for the Southern Minerals Road from Up River to IH 37 in the amount of $604,675.00. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Southern Minerals from Up River to IH 37 E13095 PROJECT FUNDS AVAILABLE: Street - Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ 317,383.50 Waterwater C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 70,795.79 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 151,145.75 Water C I P ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 65,349.96 • Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 2,762,616.50 • Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... .. 2,792,708.50 TOTAL......................................................................................... 6,160,000.00 FUNDS REQUIRED: * Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 4,200,000.00 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 420,000.00 Design Fees: **Design Engineer - LNV (authorized services) ... ... ... ... ... ... ... ... ... ... ... ... 604,675.00 Construction Materials Testing (TBD)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 110,880.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... 92,400.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... 523,600.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 30,800.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 30,800.00 TOTAL......................................................................................... 6,013,155.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $ 146,845.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation K:\ENGINEERING DATAEXCHANGE\JORGEC2\JORGEC\MISC\EXHIBITS\EXHE13095\EXHE13095 ............. Of,'I" g, ll0 5, 21 gg, ..... ........ I'll,..................I J/1 g/ 'lg Jsole, -0 �'I YORNA/Al"i /............. mcm sm","llee p"'aw", a If 'm "Al/0' 19"'qf r11111 OF 'M "'/v"d 4111r, A, OJECTLOCCATION '7, AF m /sm 01/sm sm 0/0 a all g Y Af 0 F F ow- gft 2 .......... w�' Aw-//. ....�'/""��""' 71/ ago V A/0' -0//,/,/......... ........... LOCATION MAP- NOT TO SCALE PROJECT#E13095 SOUTHERN MINERALS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FROM UP RIVER TO IH 37 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and LNV, Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Southern Minerals Road from Up River to IH 37 (Project No. E13095) BOND 2014— Project limits include Southern Minerals Road from Up River Road to the north frontage road for IH 37. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. The anticipated construction consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb and gutter, sidewalks and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design. 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 Assistant Director of Capital Construction Projects. 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 Assistant Director of Capital Construction Projects. 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 Assistant Director of Capital Construction Projects. 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 Assistant Director of Capital Construction Projects. The Assistant Director of Capital Construction Projects may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering(A!E)Services Page 1 of 3 K kENGINEERING DATAEXCHANGE%ANGEEM%STREE7XEl3095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICES.DOC I 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit «B» 5. FEE The City will pay the A/E a fee, as described in Exhibit"A",for providing services authorized, a total fee not to exceed $604,675.00, (Six Hundred Four Thousand Six Hundred Seventy Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area(MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents(plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Assistant Director of Capital Construction Projects. However,the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. Contract for Engineering(A/E)Services Page 2 of 3 KIENGINEERING DATAEXCHANGEWNGIEMISTREEnE13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICES.DOC 10. DISCLOSURE OF INTEREST AJE 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 LNV,^IN 6' 57 a' '� Mark Van Fleck P. E., Date ekee r, P , Date Interim Assistant Cit y Manager PresideiT, c of Public Works and Utilities 801 Navigation„ Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office RECOMMENDED (361) 883-1986 Fax Daniel Biles, P. E., Date ENTERED `.,. Executive Director of Public Works JAN 2 12014 OONTRACT MANAGERS Operating Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary ......._.. Department Fund Source No. Amount Street _ 550950-3550-00000-E13095 $317,383.50 Wastewater 559950-4510--00000-E1 095 70,795.79 Storm Water 550950-3494-00000-E13095 151,145.75 Water 550950-4088-00000-E13095 55,349.95 ....... Total $604,675.00 Encumbrance Contract for Enguneering(FIE)Services Page 3 of 3 K:SENGINEERING DaTAEX1 F9A.NGEMANG.IEMNSTREE"nEl3095 SOUTHERN MINERALS FROM UP i 111-1 37 BOND ISSUE.20141CONTRACT PROFESSIONAL SERVICES D C EXHIBIT"A" CITY OF CORPUS CHRISTI,TEXAS SOUTHERN MINERALS—UP RIVER TO I.H. 37 Project No. E13095 BOND 2014 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant)will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Prepare geotechnical investigation findings (see additional services). d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life- cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA,CDBG, USPS,affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. P) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents EXHIBIT"A" Page 1 of 11 Revised November 26,2013 K1Engineering DataExchangelANGIEM\STREEnE73095 SOUTHERN MINERALS FROM UP RIVER TO(H37 BOND ISSUE 2014\Southern Minerals_Exhibit A-Rev.doc required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors,sketches,designs,cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches,construction sequencing, alignment, cross section,geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical,construction,and geotechnical issues;meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. a ,r and effeGts on sest sayings towaFd City epeFations, whirah this pFejest will affien-t. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table& required ROW parcels q) Submit one(1)copy in an approved electronic format, and one(1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. S) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report(ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. U) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee JAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. WE to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic Impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. EXHIBIT"A" Page 2 of 11 Revised November 26,2013 K%Engineertng DataExchange%NGIEMISTREETXE13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20WSoulhem Minerals Exhibit A-Rev.doc 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets,warning and barricades,as well as standards sheets for barricades, traffic control plan,work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one(1)set of the interim plans(60%submittal-electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary", list of proposed standard and technical specifications, project checklist&drawing checklist which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60%submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. 0 submittal - Feview and appFGVal pufpeses-with revised estimates Of-prebabte-sesfS.Plail h) Hold PFejeGt 0 meeting. PFePaFe meeting agenda and diStFibute meeting meetings te attendees within five WGFking days ef the meeting. Assimilate all Feview i) Provide one(1) set of the final(100%) plans(unsealed and unstamped-electronic and full-size hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full e hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be EXHIBIT"A" Page 3 of 11 Revised November 26,2013 K%Engineering DataExchange1ANGIEMISTREET%E13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141Southem Minerals—Exhibit A-Rev.doc evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, , and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required(and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit"A-2"for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority,and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. C) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare,in the City's format,for the Engineering Services'approval,any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above,the Engineer will, at its expense,confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders,receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. EXHIBIT"A" Page 4 of 11 Revised November 26,2013 K1Engineedng DataExchangeVWGIEM%STREET%E13095 SOUTHERN MINERALS FROM UP RIVER TO 11137 BOND ISSUE 20141Southem Minerals Exhibit A•Rev.doe C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meetiRg conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents.This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City. inteFest of the Gity under the g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion,provide p and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction"red-line"drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two(2) months of final acceptance of the project.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. c) Designate an individual to have responsibility, authority and control for coordinating activities for the construction phase. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and EXHIBIT"A" Page 5 of 11 Revised November 26,2013 K%Engineering DataExchangeVkNGIE"TREETXE13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141Southem Minerals Exhibit A•Rev.doe will be negotiated by the Director of Engineering Services as required. The A/E shall,with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: the-area Wetlands DeIiReataeR and PeFFRit e. TPDES hIPMS-Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality(TCEQ) Permits/Amendments i• I I.S. Aura\/GGFPS of EnniReem( SAGF=) I. Texas Department of Licensing and Regulation (TDLR ) FA. Texas GeneFa7l Land Offte (Tnl O) 2. Right-of-Way(ROW) Acquisition Survey and Parcel Descriptions. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network.All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. C) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. e) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at"not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. f) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional EXHIBIT"A" Page 6 of 11 Revised November 26,2013 K1Engineering DataExchange%ANGIEMISTREETtE13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141Soulhem Minerals_Exhibil A-Rev.doc fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the final submittal. 3. Topocaraphic Survey .All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'[] Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied—i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x,y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. D Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. will show entiFe paFent tFaGts at"not to scale" and feer infeerlmlatien only. All existing must be FR) PFepaFe individual signed and sealed paFrel maps and legal deSGFiptions lor thig FeqUiFed Fight of way acquisition f8F paFGels and easements. A StFip map showing all paFGe!S Fequ*Fed will be submitted along with par-Gel deSGFiptiens. Addit o 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise EXHIBIT"A" Page 7 of 11 Revised November 26,2013 K:\Engineering DataExchenge"GIEMISTREET%E13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141Southem Minerals Exhibit A-Rev.doe contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard"ASCE C- I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"including,but not limited to,hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. ii) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas—Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair,fix, restore,patch,or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action,with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. EXHIBIT"A" Page 8 of 11 Revised November 26,2013 K%Engineering DataExehengeWVGIEMISTREET%E13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141Southem Minerals Exhibit A-Rev.doc Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit"A". Note: The Exhibit"A-1"Task List does not supersede Exhibit"A". II. SCHEDULE Date Activity January 21, 2014 NTP January 27, 2014 City provided Traffic assessment March 17, 2014 Draft ELR Submittal March 31, 2014 City Review April 14, 2014 Final ELR Submittal April 14, 2014 NTP with Design Phase July 11, 2014 60% Design Submittal July 25, 2014 City Review 0 GitReu+ew September 19, 2014 100% Final Submittal October 3, 2014 City Review October 31, 2014 Final Submittal (Sealed) TBD Advertise for Bids TBD Pre-Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B."Additional Services,"the City will pay the A/E a not-to-exceed fee as perthe table below: EXHIBIT"A" Page 9 of 11 Revised November 26,2013 KlEnginaering DateExchangeV ANGIEMISTREETIE13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 2014%Southem Minerals—Exhibit A-Rev.doc Summary of Fees Basic Services Fees 1. Preliminary Phase $116,771 2. Design Phase $227,702 3. Bid Phase $5,839 4. Construction Administration Phase $38,924,155 Subtotal Basic Services Fees $389,235 Additional Services Fees (Allowance) 1. Permit Preparation $7,762 2. ROW Acquisition Survey& Parcel Descriptions To Be Determined 3. Topographic Survey and P8FG38l DE * $62,832 4. Environmental Issues* To Be Determined 5. Public Involvement* $12,560 6. Subsurface Utility Investigation $64,680 7. Construction Observation Services To Be Determined 8. Warranty Phase $6,776 9. ROW Identification Survey $8,500 10. Offsite Storm Water Design $15,000 11. Traffic Signalization Design To Be Determined 12. Traffic Study $15,000 13. Televise Storm Water Trunk Line To Be Determined 14. Televise Wastewater Trunk Line To Be Determined 15. Geotechnical Investigation & Recommendations $22,330 16. Materials Testing Services To Be Determined Sub-Total Additional Services Fees Authorized $215,380 Total Authorized Fee $604,615 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 10 of 11 Revised November 26,2013 KkEngineering DateExchengeV ANGIEMISTREETVE13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141Southem Minerals_Exhibit A-Rev.doc SOUTHERN MINERALS FROM UP RIVER TO IH 37 Project No. E13095 BOND 2014 SUMMARY OF FEES Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $58,385.50 $15,180.23 $29,192.75 $14,012.52 116,771.00 2 Design Phase 113,851.00 29,601.26 56,925.50 27,324.24 227,702.00 3 Bid Phase 2,919.50 759.07 1,459.75 700.68 5,839.00 4 Construction Administration Phase 19,461.50 5,059.99 9,730.75 4,670.76 38,923.00 Subtotal Basic Services Fees 194,617.50 50,600.55 97,308.75 46,708.20 389,235.00 Additional Services Fees (Allowance) 1 Pemit Preparation 7,762.00 0.00 0.00 0.00 7,762.00 2 ROW Acquisition Survey 0.00 0.00 0.00 0.00 TBD 3 Topographic Survey and Parcel 31,416.00 8,168.16 15,708.00 7,539.84 62,832.00 Descriptions 4 Environmental Issues 0.00 0.00 0.00 0.00 TBD 5 Public Involvement 6,280.00 1,632.801 3,140.00 1,507.20 12,560.00 6 Subsurface Utility Investigation 32,340.00 8,408.40 16,170.00 7,761.60 64,680.00 7 Construction Observation 0.00 0.00 0.00 0.00 TBD 8 Warranty Phase 3,388.00 880.88 1,694.00 813.12 6,776.00 9 ROW Identificaion Survey 4,250.00 1,105.00 2,125.00 1,020.00 8,500.00 10 Offsite Storm Water Design 0.00 0.00 15,000.00 0.00 15,000.00 11 Traffic Signalization Design 0.00 0.00 0.00 0.00 TBD 12 Traffic Study 15,000.00 0.00 0.00 0.00 15,000.00 13 Televise Storm Water Trunk Line 0.00 0.00 0.00 0.00 TBD 14 Televise Wastewater Trunk Line 0.00 0.00 0.00 0.00 TBD 15 Geotechnical Investigation and 22,330.00 0.00 0.00 0.00 22,330.00 Recommendations 16 Materials Testing Services 0.00 0.00 0.00 0.00 TBD Subtotal Additional Services Fees Autho 122,766.00 20,195.24 53,837.00 18,641.76 215,440.00 Total Authorized Fee 317,383.50 70,795.79 151,145.75 65,349.961 604,675.00 EXHIBIT"A" Page 11 of 11 Revised November 26,2013 K1Engineering DataExchangeWNGIEMISTREET%E13035 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 20141Southem Minerals Exhibit A-Rev.doc EXHIBIT "A-1" (Provides supplemental description to Exhibit'A'. Task List does not supersede Exhibit'A'.) CITY OF CORPUS CHRISTI, TEXAS SOUTHERN MINERALS — UP RIVER TO I.H. 37 Project No. E13095 TASK LIST Basic Services 1) Project limits include Southern Minerals Road from Up River Road to the north frontage road for IH 37. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. 2) Perform field investigations and field surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the engineering letter report and construction drawings. 3) Contact Texas 811 system to locate existing City utilities in the field, and coordinate with appropriate City operating departments. 4) Attend and participate in project kickoff and planning meetings(3 meetings)with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Develop preliminary typical street sections. 7) Prepare conceptual life-cycle cost analysis comparing estimated life-cycle costs for flexible pavement and rigid pavement using FHWA RealCost program. 8) Prepare preliminary hydrologic and hydraulic analyses for storm water runoff for 5-year design storm and check 100-year extreme event. 9) Prepare one (1) hard copy and one (1) electronic copy of the draft engineering letter report including data collected, preliminary drainage calculations, roadway alignment, additional road requirements (if any) and conceptual cost estimates for the anticipated improvements and make recommendation to the City staff. 10) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final engineering letter report. Obtain approval to proceed to Design Phase. EXHIBIT"A-1" Page 1 of 6 11) Assist the City in presenting findings to the Bicycle and Pedestrian Subcommittee and Transportation Advisory Committee. Prepare PowerPoint presentation, handouts and exhibits for meeting and provide follow-up response to comments. 12) Participate with staff at two (2) public information meetings (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 13) Prepare final hydrologic and hydraulic analyses for storm water runoff based on 5-year design storm frequency runoff coefficients,times of concentration, rainfall intensities and drainage areas utilizing WinStorm software. Hydraulic gradient will be reflected in the construction drawings. Also check 100-year extreme event. 14) Develop construction drawings in English units in 11"x 17"sheets,to include the following (as required for this project): • Title Sheet/Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary/ Drawing Legends • Existing and Proposed Street Sections • Demolition/ Removal Summary • Existing Utility Basemaps(Water,Wastewater, Storm Water and Gas) • Drainage Area Map • Baseline Alignment Sheet • Storm Water Plan & Profile • Storm Water Laterals • Storm Water Details • Water and Wastewater Plan & Profile • Water and Wastewater Details • Wastewater Laterals • Street Plan & Profile • Street and Paving Details • Curb, Gutter and Sidewalk Details • Driveway Details • Curb Ramp Details • Pavement Marking (Striping) Plan • Signage Plan • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Details • Miscellaneous Details • Traffic Control Plan and Construction Sequencing • Traffic Control Sections and Details • Barricade and Construction Standards EXHIBIT"A-1" Page 2of6 15) Prepare opinion of probable construction costs including contingency amounts. 16) Prepare Contract Documents to include front-end (Division 00 and 01) EJCDC documents adopted by the City, standard specifications and technical specifications. 17) Provide Quality Control/Quality Assurance(QC/QA)interim review and prepare submittal for City's review depicting 60% design development of the contract drawings and list of specifications. 18) Address comments received from the City for the 60% design submittal. 19) Provide Quality Control/Quality Assurance(QC/QA) interim review and prepare submittal for City's review depicting final 100% development of the plans and . contract documents (unsealed). 20) Address comments received from the City for the final submittal. 21) Provide final (signed and sealed) plans and contract documents to the City for bidding process. 22) Update the opinion of probable construction costs. 23) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 24) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 25) Provide Construction Administration Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 26) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. A spare conduit for City MIS will be included if requested by the City. 27) A/E will coordinate with owners of high pressure gas lines within the project limits. EXHIBIT"A-1" Page 3of6 Additional Services PERMIT PREPARATION 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. The permits anticipated for this project are identified in Exhibit 'A' of the Contract for Professional Services. RIGHT-OF-WAY ACQUISITION SURVEY AND PARCEL DESCRIPTIONS SCOPE AND FEE TO BE DETERMINED TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre-plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Cross-section existing drainage ditches within project limits at 100-ft. intervals. 8) Locate and tie-in tract boundaries. 9) Locate and tie-in known utilities and structures. 10) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES SCOPE AND FEE TO BE DETERMINED PUBLIC INVOLVEMENT 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting two public information meetings. 3) Assist the City with follow-up and response to citizen comments. EXHIBIT"A-1" Page 4 of 6 4) Revise contract drawings to address minor citizen comments, as directed by the City. SUBSURFACE UTILITY INVESTIGATION Upon receiving authorization from the City to proceed, provide Subsurface Utility Engineering (S.U.E.) in accordance with "ASCE Standard C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". CONSTRUCTION OBSERVATION SERVICES SCOPE AND FEE TO BE DETERMINED 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.observed 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. RIGHT-OF-WAY IDENTIFICATION SURVEY Locate property corners to the degree necessary to identify the existing right-of-way lines along the project corridor. All work will comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work will be tied to and in conformance with the City's Global Positioning System (GPS) control network. OFFSITE STORM WATER DESIGN Perform hydrologic and hydraulic analyses and prepare final design drawings for improvements to the storm water infrastructure beyond the project limits. TRAFFIC SIGNALIZATION DESIGN SCOPE AND FEE TO BE DETERMINED TRAFFIC STUDY Analyze traffic counts (to be provided by the City) along Southern Minerals Road between Up River Rd. and IH 37. Prepare projection of average daily traffic (ADT) for 30-year pavement design. TELEVISE STORM WATER TRUNK LINE SCOPE AND FEE TO BE DETERMINED EXHIBIT"A-1" Page 5 of 6 TELEVISE WASTEWATER TRUNK LINE SCOPE AND FEE TO BE DETERMINED GEOTECHNICAL INVESTIGATION AND RECOMMENDATIONS Obtain pavement cores and sample, identify and measure the pavement constituents at approximately 12 locations. In addition to the pavement cores, perform borings at approximately six locations. It is anticipated that three borings will be to termination depth of 20 feet and three borings will be to termination depth of 5 feet within the roadway corridor. MATERIALS TESTING SERVICES Sample and test materials to be incorporated into the project improvements as identified in the drawings and specifications. Schedule and frequency of testing will be as indicated in the drawings and specifications. EXHIBIT"A-1" Page 6 of 6 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 EXHIBIT"B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 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 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 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 O n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUP111JER NUMBER 1-0 Bl:', �MGNED PURCHASING DWNON cit)I of CITY OF CORPUS CHRISTI Coi-pus DISCLOSURE OF' INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business xvith the City to rovide the following infonnation. Every' uestion must be answered. If the question is n( ricable, answer with **NA". See reverse side for Filing Requirements, Certifications and definutions. COMPANY NAME: LNV, INC. P. 0. X. N/A CORPUS 78408 STREETADDRESS: 801 NAVIGAI-ION,SUITE 300 CITY: CHRISTI ZIP: partnership 3. Sole Owner FIR a n M IS: I. corportio 4. Association Outer DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side ofthis pa e or attach separate sheet. I. State the nanics of each -employee" of the C ity c. Corpus Christi having, an -ownership interest"constituting 3%or more of the ownership in the above named ``firm.' Name Job Title and City Department(if'known) 2. State the names of each -official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more ofthe ownership in the above named -firin." Name Title 3. State the natnes of each -board member" of`the City of Corpus Christi having an -ownership interest"constituting-1% or niore of the ownership in the above named "firm."" Name Board, Commission or Committee 4, State the names of each employee or officer of a -consultant" For the City of"Corpus Christi who worked on any matter related to the subject of this contract and *has an "ownership interest"cans 'tutting,3%or more of the ownership in the above crated * firm." Name Consultant FILING RI;QCIIRE IEN"lw"x' lf'a person who requests official action on a matter knows that tlae requested action will confer ail economic benefit oil any City official or employee that is distinguishable front the effect that the action will have rail members of tlae public in general or°a substantial segment thereof; yttiu skaagI disclose that fact in a signed wwriting,to tlae City official,employee or body that laas been requested to act in tkae matter, unless the interest of the City official or employee in tkae matter is a apaarent. The disclosure shall also be made in a sig ned writing filed with the City Secretary. [ `wilares Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is trace and correct as of the elate 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: DAN S. LEYENDE'ER, 1 .E. Title.: PRESIDENT (Type or Prim) Signature of Certifying � � � Date: Per•sora ' DEFINITIONS a. Board member." A member of any board, commission, or corrunittee appointed by the City Council of tile City oCC"orpus Christi,Texas. b. "1 conoanic benefit". An action that is likely to affect an economic interest it" it is likely to have an effect oil that interest that is distinguishable from its effect oil members of tlae public in general or a substantial segment thereof,". c. "Employee." Any person employed by the City orC'orpus 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 ofthe 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 in agent, trust, estate., or holding entity. "Constructively held" refers to holdings or control established throng a voting; trusts, proxies,or special terms of venture or partnership agfreements.", g. "Consultant."Any person or firm, such as engineers and architects, (tired by the City of Corpus Christi for tlae purpose of professional Consultation and recommendation. Corpus Chr st Engineering Southern Minerals Road from Up River to IH 37 Council Presentation February 25, 2014 Project Scope Corpus Chr sty Engineering 2 Project Schedule Corpus Chr sti Engineering fff Project Estimate: 660 Calendar Days N 22 Months *Actual bid date & construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget Corpus Chr sti Engineering PROJECT FUNDS AVAILABLE: Street - Tax Notes $ 317,383.50 Wastewater C IP 70,795.79 Storm Water C IP 151 ,145.75 Water C IP 65,349.96 * Future 2014 General Obligation Bonds 2,762,616.50 * Future Capital Improvements - Revenue Bonds (Utility) 2,792,708.50 TOTAL 6,160,000.00 FUNDS REQUIRED: *Construction (preliminary estimate) 4,200,000.00 Contingency (10%) 420,000.00 Design Fees: **Engineer (LNV) 604,675.00 Geotechnical Study and Testing (TBD) 110,880.00 677,600.00 Reimbursements TOTAL 6,013,155.00 ESTIMATED PROJECT BUDGET BALANCE $ 146,845.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 �vs ox 0 A. AGENDA MEMORANDUM wIORPOKR o First Reading for the City Council Meeting of February 28, 2014 1852 Second Reading for the City Council Meeting of March 18, 2014 DATE: January 27, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvv@cctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danb @cctexas.com 826-3729 Engineering Design Contract Ayers Street From Ocean to Alameda CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $163,384.75 from Storm Water CIP Fund 3494, $97,120.07 from Wastewater CIP Fund 4510, and $78,424.68 from Water CIP Fund 4479 to the Bond 2014 Street Project Ayers Street from Ocean to Alameda; increasing expenditures in the amount of $338,929.50; and authorizing the City Manager, or designee, to execute an engineering design contract with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $811,935.00 for Ayers Street from Ocean to Alameda. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract with Freese and Nichols, Inc. for Ayers Street from Ocean to Alameda project so design work may begin and the project is ready for construction by the November 2014 proposed bond election. BACKGROUND AND FINDINGS: Project limits include Ayers Street from Ocean Drive to Alameda Street. These limits involve the existing right-of-way plus acquired parcels of right-of-way to facilitate the proposed improvements. The anticipated construction consists of reconstruction of the roadway, replacement of water lines, wastewater lines, storm water lines, curb, gutter, sidewalks, driveways, and ADA ramps. Recommended roadway cross-section will be determined during preliminary project design ALTERNATIVES: 1. Authorize execution the contract. 2. Do not authorize execution the contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2013-01 Bond 2014 Street Projects, dated August 1, 2013. Freese and Nichols, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $0.00 $811,935.00 $7,848,065.00 $8,660,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $811,935.00 $0.00 $811,935.00 Future Anticipated $0.00 $0.00 $7,603,480.00 $7,603,480.00 Expenditures BALANCE $0.00 $0.00 $244,585.00 $244,585.00 Fund(s): Street Bond 2014 and Utilities CIP. COMMENTS: On July 23, 2013, the City Council approved a Reimbursement Resolution to finance the street design costs for Council approved Bond 2014 Proposition One Street Projects up to a cap of $8 million dollars. The required utility design costs are being financed through utility capital improvement program reserves from completed projects. Although the design of these projects will be complete by the end of 2014, construction will precede only upon voter-approval in a November 2014 General Obligation Bond Election. RECOMMENDATION: City Staff recommends the approval of the engineering design contract with Freese and Nichols, Inc. so design may be completed by the end of calendar year 2014. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Contract Presentation Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to transfer capital reserves in the amounts of $163,384.75 from Storm Water CIP Fund 3494, $97,120.07 from Wastewater CIP Fund 4510, and $78,424.68 from Water CIP Fund 4479 to the Bond 2014 Street Project Ayers Street from Ocean to Alameda; increasing expenditures in the amount of $338,929.50; and authorizing the City Manager, or designee, to execute an engineering design contract with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $811,835.00 for Ayers Street from Ocean to Alameda. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $163,384.75 in Storm Water Capital Improvement Program Reserves from Fund 3494, $97,120.07 in Wastewater Capital Improvement Program Reserves from Fund 4510, and $78,424.68 in Water Capital Improvement Program Reserves from Fund 4479 to the Bond 2014 project Ayers Street from Ocean to Alameda. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $338,929.50. SECTION 3. The City Manager or designee is authorized to execute an engineering design contract with Freese and Nichols, Inc. from Corpus Christi, Texas for the Ayers Street from Ocean to Alameda in the amount of $811,935.00. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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: Rebecca Huerta Nelda Martinez City Secretary Mayor PROJECT BUDGET ESTIMATE Ayers from Ocean to Alameda E 13092 PROJECT FUNDS AVAILABLE: Street - Tax Notes ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... $ 473,005.50 Wasterwater CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 97,120.07 Storm Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 163,384.75 Water CIP ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 78,424.68 • Future 2014 General Obligation Bonds ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 3,856,994.50 • Future Capital Improvements - Revenue Bonds (Utility) ... ... ... ... ... ... ... .. 3,991,070.50 TOTAL......................................................................................... 8,660,000.00 FUNDS REQUIRED: * Construction (preliminary estimate)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 5,904,545.45 Contingency (10%)... ... ... ... ......... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 590,454.55 Design Fees: **Design Engineer - Freese and Nichols (authorized services) ... ... ... ... ... . 811,935.00 Construction Materials Testing (TBD)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 155,880.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)... ... ... ... ... ... 129,900.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services)... ... ... 736,100.00 Finance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 43,300.00 Misc. (Printing, Advertising, etc.)... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. 43,300.00 TOTAL......................................................................................... 8,415,415.00 ESTIMATED PROJECT BUDGET BALANCE...................................... $ 244,585.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation g", a It "W"lljbi �g�m/m/0" " k 0 ,91 g,f a m g A, '05 "g, pV4 dl i�, zx" t1-111111N, mg,'g" f1l, h ✓ J 1900/0 AI'�,� b/dr,", ill,`� I/ J, w 0 V,"'T q POP/ #�v ffi pm I rrr �,06 V) 10111L I Of 0/1 A QTly STR op, �v 0 F o 4 vWW" , aw WN .. ........ mv -A j 'j, vm'gm vg M ve" 'A N D1, 0" IF J) 0 10 A)MI , A If' I'W/-/, ROJECT LOCATION am, la/0 fe, All 1% /m ic/ 0111,111 'a,A A d3ffii I b, N17V// Q, ri' '49, V) Of P M g LOCATION MAP NOT TO SCALE PROJECT#E13091 CITY COUNCIL EXHIBIT AYERS STREET CITY OF CORPUS CHRISTI, TEXAS ALAMEDA DRIVE TO OCEAN DRIVE DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Corpus Chr st Engineering Ayers Street from Ocean to Alameda Council Presentation February 25, 2014 Project Scope Corpus Chr sty Engineering 2 Project Schedule Corpus Chr sti Engineering fff Project Estimate: 660 Calendar Days N 22 Months *Actual bid date & construction start time to be determined during project design phase. Bids will be programmed to allow for optimal competitive bidding. 3 Project Budget Corpus Chr sti Engineering PROJECT FUNDS AVAILABLE: Street - Tax Notes .. . Wastewater C IP .. . Storm Water CIP ...... Water CIP ... * Future 2014 General Obligation Bonds ...... * Future Capital Improvements - Revenue Bonds (Utility) $ 473,005.50 97,120.07 163,384.75 78,424.68 3,856,994.50 3,991,070.50 TOTAL 8,660,000.00 FUNDS REQUIRED: *Construction (preliminary estimate)...... 5,904,545.45 Contingency (10%) 590,454.55 Design Fees: **Engineer (Freese and Nichols) 811,935.00 Geotechnical Study and Testing (TBD)...... 155,880.00 Reimbursements 952,600.00 TOTAL 8,415,415.00 ESTIMATED PROJECT BUDGET BALANCE $ 244,585.00 *Will be required only if construction is approved by City voters in a future Bond Election **Includes geotechnical study and investigation 4 ` AGENDA MEMORANDUM Future Item for the City Council Meeting of 02/18/2014 Action Item for the City Council Meeting of 02/25/2014 DATE: February 7, 2014 TO: Ronald L. Olson, City Manager FROM: Susan K. Thorpe, Assistant City Manager SThorpe @cctexas.com (361) 826-3898 Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Board Meeting of the Corpus Christi Housing Finance Corporation. PURPOSE: The purpose is to hold a Board Meeting of the Corpus Christi Housing Finance Corporation in order to consider items of business related to multifamily housing. BACKGROUND AND FINDINGS: Lexington Manor Apartments Project TG 110 Lexington, LP is the owner of the Lexington Manor Apartments and has applied for low- income housing tax credits at TDHCA in the statewide at-risk pool. This project is the only project that also has applied for local HOME funds and support that will be competing in the statewide at-risk pool. The project is coordinated by Housing & Community Services, Inc. of San Antonio (HCS). Lexington Manor is an existing 153-unit multi-family housing development at 3126 Ray Ellison Drive in Corpus Christi. The approval of the tax credits would result in the complete redevelopment of that project. HCS has requested local support in the form of an HFC interim loan secured by either a certificate of deposit or assignment of the note to a lender provided by HCS. The loan amount will be equal to the difference between the minimum amount required under TDHCA rules for the local points award ($2,295,000) and the actual amount of HOME funds allocated to the project. As noted in the program, all funding must be arranged through the bank or other financial institution presented by the applicant. Residences at Rodd Field Road Project Rodd Field Housing Partners, Ltd. is proposing to develop the Residences at Rodd Field to be located near the intersection of Rodd Field Road and Brooke Road in Corpus Christi. It is an applicant for low-income housing tax credits at TDHCA in the regional pool. This project is among several projects competing in the regional pool. The project is being developed by NuRock Companies, a national affordable housing developer with offices in Dallas, Texas. The Residences at Rodd Field will be a 100-unit multi-family housing development. NuRock Companies has requested local support in the form of an HFC interim loan secured by either a certificate of deposit or assignment of the note to a lender provided by NuRock. The loan amount will be $1,500,000. As noted in the program, all funding must be arranged through the bank or other financial institution presented by the applicant. Residences at Calallen Project Calallen Housing Partners, Ltd. is proposing to develop the Residences at Calallen to be located at 3322 Highway 77 in Corpus Christi. It also is an applicant for low-income housing tax credits at TDHCA in the regional pool. The project also is being developed by NuRock Companies, a national affordable housing developer with offices in Dallas, Texas. The Residences at Calallen will be a 100-unit multi- family housing development. NuRock Companies has requested local support in the form of an HFC interim loan secured by either a certificate of deposit or assignment of the note to a lender provided by NuRock. The loan amount will be $1,500,000. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This request conforms to the rules and procedures governing City Boards, Commissions, and Committees. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Assistant City Manager, Safety, Health & Neighborhoods Corpus Christi Housing Finance Corporation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: That the Corpus Christi Housing Finance Corporation be allowed to conduct their Board meeting on Tuesday, February 25, 2014 during the regularly scheduled City Council meeting. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Minutes from Previous Meeting Resolution: Lexington Manor Apartments Project Resolution: Residences at Rodd Field Road Project Resolution: Residences at Calallen Project AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Date: Tuesday, February 25, 2014 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. Call meeting to order. 2. Secretary calls roll. Board of Directors Officers David Loeb, President Ronald L. Olson, General Manager Priscilla Leal, Vice President Susan K. Thorpe, Asst. General Manager Kelley Allen Rebecca Huerta, Secretary Rudy Garza Jr. ' Asst. Secretary Chad Magill Margie Rose, Treasurer Nelda Martinez Constance P. Sanchez, Asst. Treasurer Colleen McIntyre Lillian Riojas Mark Scott 3. Approval of minutes from the Board meeting on February 18, 2014. 4. Adoption of the following resolutions approving interim loans in connection with applications filed with TDHCA for low-income housing tax credits: (a) SUPPORTING THE PROPOSED RENOVATION OF LEXINGTON MANOR APARTMENTS DEVELOPMENT AND AUTHORIZING A LOAN COMMITMENT FOR THE DEVELOPMENT IN CONNECTION WITH A LOW-INCOME HOUSING TAX CREDIT APPLICATION (b) SUPPORTING THE PROPOSED RESIDENCES AT RODD FIELD ROAD APARTMENT DEVELOPMENT AND AUTHORIZING A LOAN COMMITMENT FOR THE DEVELOPMENT IN CONNECTION WITH A LOW-INCOME HOUSING TAX CREDIT APPLICATION (c) SUPPORTING THE PROPOSED RESIDENCES AT CALALLEN APARTMENT DEVELOPMENT AND AUTHORIZING A LOAN COMMITMENT FOR THE DEVELOPMENT IN CONNECTION WITH A LOW-INCOME HOUSING TAX CREDIT APPLICATION 5. Public comment. 6. Adjourn. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING February 18, 2014 12:45 p.m. PRESENT Board of Directors Officers Kelley Allen Ronald L. Olson, General Manager Rudy Garza, Jr. Rebecca Huerta, Acting Secretary David Loeb Vacant, Assistant Secretary Chad Magill Margie Rose, Treasurer Nelda Martinez Constance P. Sanchez, Assistant Treasurer Colleen McIntyre Lillian Riojas Mark Scott ABSENT Priscilla Leal, Vice President Acting Secretary Huerta noted that there was no President and the Vice-President was unavailable to call the meeting to order. Ms.Martinez made a motion to elect Mr.Loeb as President, seconded by Mr. Garza. The motion passed unanimously.President Loeb called the meeting to order in the Council Chambers of City Hall at 12:45 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting. President Loeb called for the approval of the minutes of the July 31, 2012 meeting. Ms. McIntyre made a motion to approve the minutes as presented, seconded by Mr. Garza and passed as follows: Loeb, Allen, Garza, Magill, Martinez, McIntyre, Riojas and Scott voting "Aye"; Leal absent. President Loeb called for the financial report. Assistant Treasurer Constance Sanchez stated the fund balance for eight months ending December 31, 2013 was $747,367. She also wanted to clarify that the deferred revenue and due to other funds liabilities is money they will be receiving from the Developer Costa Tarragona I. There were no questions regarding the report. President Loeb opened discussion on Item 5, consideration of amending the Bylaws. There were no questions. Ms. Martinez made a motion to approve, seconded by Mr. Garza and passed as follows: Loeb, Allen, Garza, Magill, Martinez, McIntyre, Riojas and Scott voting "Aye": Leal absent. 5. (A) AMENDING SECTION 2.03 OF THE BYLAWS TO CONDUCT THE ANNUAL MEETING IN FEBRUARY OF EACH YEAR. (B) ADDING THE OFFICE OF ASSISTANT GENERAL MANAGER TO ASSIST THE GENERAL MANAGER WITH HIS RESPONSIBILITIES. President Loeb opened discussion on Item 6, election of officers. Secretary Huerta named the eight positions,two Corporation Officers to fill President and Vice President, and the remaining five traditionally filled by Staff members as Secretary, Assistant Secretary, Treasurer, Assistant Minutes—CCHFC February 18, 2014 —Page 2 Treasurer, General Manager and Assistant General Manager. She then recommended Staff appointees as Secretary, Rebecca Huerta, Assistant Secretary, Vacant, Treasurer, Margie Rose, Assistant Treasurer, Constance Sanchez, General Manager, Ron Olson and Assistant General Manager, Susan Thorpe. Mr. Scott made a motion to appoint said Staff members, David Loeb as President, and Priscilla Leal as Vice-President, seconded by Ms. Martinez, and passed as follows: Loeb, Allen, Garza, Magill, Martinez, McIntyre, Ricjas and Scott voting"Aye"; Leal absent. President Loeb opened discussion on Item 7, establishment of an interim loan program for projects applying for low-income housing tax credits with the Texas Department of Housing and Community Development (TDHCA) in which the CCHFC makes loans based on a certificate of deposit or assignment of loan arrangement presented by the project applicant. John Bell, Legal Counsel for CCHFC stated that projects need to obtain points for local support for low-income housing tax credits. He also stated that historically the State would make the loans, but they have modified the program to say that it needs to be local loans in the county or the adjacent county where the project is located. Mr. Loeb called for public comment. Abel Alonzo, 1701 Thames, said that low-income housing should not be discriminated against, and he may file a lawsuit against the City Council's action earlier on today's agenda. Mr. Loeb made a motion to approve the program and passed as follows: Loeb, Allen, Garza,Magill,Martinez,McIntyre,Ricjas and Scott voting"Aye": Leal absent. President Loeb opened discussion on Item 8, establishment of a program in which the CCHFC will create a wholly-owned entity to act as the general partner of a limited partnership for a project applying for low-income housing tax credits with the TDHCA and hold the real estate in land-lease arrangement. John Bell stated it is a similar program designed for low-income housing tax credit process. Mr.Loeb called for public comment. Abel Alonzo spoke regarding protections in the Bylaws to prevent the Board of Trustees from discriminating against anyone who applies for low- income status in a proposal.Mr.Loeb made a motion to approve the program and passed as follows: Loeb, Allen, Garza, Magill, Martinez, McIntyre, Ricjas and Scott voting"Aye": Leal absent. President Loeb called for public comment. There was none. President Loeb called for Executive Session under Section 551.072 of the Texas Open Meetings Act regarding consideration of the acquisition of fee simple title to the Ward Building and the sale of the Ward Building and related parking lot. The Board went into executive session. The Board returned from executive session and no action was taken. There being no further business to come before the corporation, President Loeb adjourned the meeting at 1:34 p.m. on February 18, 2014. Resolution Supporting The Proposed Lexington Manor Apartments Development And Authorizing A Loan Commitment For The Development In Connection With A Low- Income Housing Tax Credit Application WHEREAS, the Corpus Christi Housing Finance Corporation (the "CCHFC") has been duly created by the City of Corpus Christi and organized pursuant to the provisions of the Texas Housing Finance Corporations Act for the purpose of assisting in the provision of housing options for persons of low and moderate income; and WHEREAS, the CCHFC has established an interim loan program for projects applying for low-income housing tax credits with the Texas Department of Housing and Community Development ("TDHCA") in which the CCHFC makes loans based on a certificate of deposit or assignment of loan arrangement; and WHEREAS, TG 110 LEXINGTON, LP has requested an interim loan in connection with the redevelopment of the Lexington Manor Apartments located on Ray Ellison Drive in Corpus Christi, Texas; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The CCHFC confirms its support for the development and renovation of the Lexington Manor Apartments. 2. The CCHFC authorizes the issuance of a loan commitment in an amount not to exceed $2,295,000 for an interim loan to TG 110 Lexington Manor, LP for the redevelopment of the Lexington Manor Apartments in connection with an application for low-income housing tax credits filed with TDHCA. Such loan shall bear interest at the rate of 3% per annum, have a term of five years and be secured and guaranteed as required under a loan commitment. Either the General Manager or Assistant General Manager is authorized to execute a loan commitment in compliance with all TDHCA program requirements, and all actions taken by or on behalf of the CCHFC in connection with such loan are hereby authorized and confirmed. 3. This Resolution is intended to comply with TDHCA's Qualified Allocation Plan for 2014 and, in particular, constitutes a firm commitment for the purposes of Section 11.9(d)(2)(C). This Resolution shall be in full force and effect from and upon the date of its adoption. DULY PASSED AND ADOPTED this 25th day of February, 2014, at the meeting of the Board of Directors. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION By: By: Rebecca Huerta Name: Secretary Title: F:\2705\0\14 Reso Lex Loan 0204.docx 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 F:\2705\0\14 Reso Lex Loan 0204.docx Resolution Supporting The Proposed Residences At Rodd Field Apartment Development And Authorizing A Loan Commitment For The Development In Connection With A Low- Income Housing Tax Credit Application WHEREAS, the Corpus Christi Housing Finance Corporation (the "CCHFC") has been duly created by the City of Corpus Christi and organized pursuant to the provisions of the Texas Housing Finance Corporations Act for the purpose of assisting in the provision of housing options for persons of low and moderate income; and WHEREAS, the CCHFC has established an interim loan program for projects applying for low-income housing tax credits with the Texas Department of Housing and Community Development ("TDHCA") in which the CCHFC makes loans based on a certificate of deposit or assignment of loan arrangement; and WHEREAS, RODD FIELD HOUSING PARTNERS, LTD. has requested an interim loan in connection with the development of the Residences at Rodd Field located near the intersection of Rodd Field and Brooke Roads in Corpus Christi, Texas; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The CCHFC confirms its support for the development and construction of the Residences at Rodd Field apartments. 2. The CCHFC authorizes the issuance of a loan commitment in an amount not to exceed $1,500,000 for an interim loan to RODD FIELD HOUSING PARTNERS, LTD. for the development of the Residences at Rodd Field apartments in connection with an application for low-income housing tax credits filed with TDHCA. Such loan shall bear interest at the rate of 3% per annum, have a term of a minimum of five years and be secured and guaranteed as required under a loan commitment. Either the General Manager or Assistant General Manager is authorized to execute a loan commitment in compliance with all TDHCA program requirements, and all actions taken by or on behalf of the CCHFC in connection with such loan are authorized and confirmed. 3. This Resolution is intended to comply with TDHCA's Qualified Allocation Plan for 2014 and, in particular, constitutes a firm commitment for the purposes of Section 11.9(d)(2)(C). This Resolution shall be in full force and effect from and upon the date of its adoption. DULY PASSED AND ADOPTED this 25th day of February, 2014, at the meeting of the Board of Directors. CORPUS CHRISTI HOUSING ATTEST: FINANCE CORPORATION By: By: Rebecca Huerta Name: Secretary Title: F:\2705\0\14 Reso Rodd Field Loan 0204.docx 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 F:\2705\0\14 Reso Rodd Field Loan 0204.docx Resolution Supporting The Proposed Residences At Calallen Apartment Development And Authorizing A Loan Commitment For The Development In Connection With A Low-Income Housing Tax Credit Application WHEREAS, the Corpus Christi Housing Finance Corporation (the "CCHFC") has been duly created by the City of Corpus Christi and organized pursuant to the provisions of the Texas Housing Finance Corporations Act for the purpose of assisting in the provision of housing options for persons of low and moderate income; and WHEREAS, the CCHFC has established an interim loan program for projects applying for low-income housing tax credits with the Texas Department of Housing and Community Development ("TDHCA") in which the CCHFC makes loans based on a certificate of deposit or assignment of loan arrangement; and WHEREAS, CALALLEN HOUSING PARTNERS, LTD. has requested an interim loan in connection with the development of the Residences at Calallen located off Highway 77 in Corpus Christi, Texas; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The CCHFC confirms its support for the development and construction of the Residences at Calallen apartments. 2. The CCHFC authorizes the issuance of a loan commitment in an amount not to exceed $1,500,000 for an interim loan to CALALLEN HOUSING PARTNERS, LTD. for the development of the Residences at Calallen apartments in connection with an application for low-income housing tax credits filed with TDHCA. Such loan shall bear interest at the rate of 3% per annum, have a term of a minimum of five years and be secured and guaranteed as required under a loan commitment. Either the General Manager or Assistant General Manager is authorized to execute a loan commitment in compliance with all TDHCA program requirements, and all actions taken by or on behalf of the CCHFC in connection with such loan are authorized and confirmed. 3. This Resolution is intended to comply with TDHCA's Qualified Allocation Plan for 2014 and, in particular, constitutes a firm commitment for the purposes of Section 11.9(d)(2)(C). This Resolution shall be in full force and effect from and upon the date of its adoption. DULY PASSED AND ADOPTED this 25th day of February, 2014, at the meeting of the Board of Directors. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION By: By: Rebecca Huerta Name: Secretary Title: F:A2705\0\14 Reso Calallen Loan 0204.docx 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 F:A2705\0\14 Reso Calallen Loan 0204.docx d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of February 25, 2014 2852 Action Item for the City Council Meeting of March 18, 2014 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a)-cctexas.com (361) 826-3169 Floyd Simpson, Chief of Police floyds(aD-cctexas.com 886-2603 Supply Agreement for Police Uniforms CAPTION: Motion approving a supply agreement with Nardis, Inc., Kilgore, Texas for police uniforms in the amount of $64,972.60 of which $32,486.30 will be required for the remainder of FY 2013 - 2014. The term of the contract will be for twelve (12) months with an option to extend the contract for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. The award is in accordance with the U.S. General Services Administration (GSA) Federal Supply Schedule 84 Cooperative Purchasing Program. Funds have been budgeted by the Police Department in FY 2013 - 2014. PURPOSE: To be worn by Police Officers in the performance of their duties. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. 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: Police Department. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $287,819.00 $32,486.30 $320,305.30 Encumbered / Expended Amount $117,825.74 $0 $117,825.74 This item $32,486.30 $32,486.30 $64,972.60 BALANCE $1377506.96 $137750 Fund(s): General Fund Comments: The $32,486.30 financial impact shown above represents six (6) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $32,486.30 for the last six (6) months of the contract will be requested during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION POLICE UNIFORMS BUYER: GERALD GOODWIN GSA CONTRACT NO. GS-07F-0596T Nardis, Inc. Kilgore, Texas UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE 1 Trousers, police personnel male, Blauer Street Gear 8980 300 pair $ 71.44 $ 21,432.00 (rayon blend with cargo pocket), dark navy 2 Trousers, police personnel female, Blauer Street Gear 10 pair 71.44 714.40 8980-W (rayon blend with cargo pocket), dark navy 3 Trousers, police personnel male, Blauer Street Gear 8950 150 pair 62.69 9,403.50 (rayon blend), dark navy 4 Trousers, police personnel female, Blauer Street Gear 10 pair 62.69 626.90 8950-W (rayon blend) , dark navy 5 Shirts, police personnel male, Blauer 8910, dark navy 600 each 49.57 29,742.00 6 Shirts, police personnel female, Blauer 8910-W, dark navy 40 each 49.57 1,982.80 7 Additional cost of zipper per shirt 180 each 5.95 1,071.00 TOTAL $64,972.60 se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 25, 2014 Action Item for the City Council Meeting of March 18, 2014 0ORPOR 11 1852 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Floyd Simpson, Chief of Police floyds(a)-cctexas.com 361-886-2604 F_ Purchase of Electronic Citation Handheld Units CAPTION: Motion approving the purchase of sixty-two (62) Electronic Citation Handheld Units from Brazos Technologies, College Station, Texas for a total amount of $233,773. The award is based on the General Services Administration (GSA) Federal Supply Schedule 70 Cooperative Purchasing Program. Funds are available in the Crime Control and Prevention District in FY 2013-2014. PURPOSE: The electronic citation handheld units (ticket writers) will be used by Police Officers to issue citations to the general public. BACKGROUND AND FINDINGS: The ticket writer utilizes real time technology and an automated citation management workflow system that improves officer safety, citation integrity, accountability, efficiency and customer service. In January 2012, the Parking Enforcement Unit initiated the use of the electronic ticket writers as Phase I. The success of the project led to Phase II in May of 2013 when the Traffic Division began use of electronic ticket writers. Both Phases have not only improved efficiency, accountability and data availability in the Police Department, but helped to successfully streamline citations into the cities two adjudication systems benefitting court operations as well. Additionally in 2013 Code Enforcement began the use of the same ticket writer systems in their operations validating the theory of one product for multiple enforcement applications. Phase III will expand ticket writers to 62 Police Officers in the four Districts, including the Directed Patrol Officers. 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: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $504,925.50 $504,925.50 Encumbered / Expended Amount $36.37 $36.37 This item $233,773.00 $233,773.00 BALANCE $271,116.13 $271,116.13 Fund(s): Crime Control and Prevention District Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Purchase of Electronic Citation Handheld Units BUYER: GABRIEL MALDONADO GSA Contract#: GS-35F-0096X COUNCIL DATE: FEBRUARY 25, 2014 Brazaos Technologies College Station, Texas ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1. Sixty-two (62) - electronic citation handheld units, 1 Lot $233,773.00 $233,773.00 which includes: Ticket Writers, Printer, mag stripe reader, 12 cases starter paper, training / implementation module, w/cables, zebra wall chargers, sixty-two (62) motorola 1.5 extended life batteries, six(6) spare zebra batteries. Grand Total $233,773.00 se 0 *4 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 25, 2014 Action Item for the City Council Meeting of March 18, 2014 0ORPOR 11 1852 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i keb(a)-cctexas.com 361-826-3169 Floyd Simpson, Chief of Police floyds(a)-cctexas.com 361-886-2604 F_ Purchase of Video Equipment and System Upgrade CAPTION: Motion approving the purchase of video cameras and equipment; to include a system upgrade from Zones, Solutions Group, Auburn, Washington based on the General Services Administration (GSA) Federal Supply Schedule 70 Cooperative Purchasing Program for a total amount of $79,322.48. Funds are available in the Crime Control and Prevention District in FY 2013-2014. PURPOSE: The cameras will be integrated into the existing video surveillance system, which will be upgraded to improve performance. BACKGROUND AND FINDINGS: On October 16, 2013 the Crime Control Board approved $678,805 for one time expenditures which includes the expansion of the existing video camera surveillance system, recommended herein. 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: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $504,925.50 $504,925.50 Encumbered / Expended Amount $36.37 $36.37 This item $79,322.48 $79,322.48 BALANCE $425,566.65 $425,566. Fund(s): Crime Control and Prevention District Comments: Not Applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Purchase of Video Equipment BUYER: GABRIEL MALDONADO and System Upgrade COUNCIL DATE: FEBRUARY 25, 2014 GSA Contract No.: GS-35F-4342D Zones Solutions Group Auburn, Washington ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1. Thirty (30) video cameras, 2 multiple pin encoders 1 Lot $79,322.48 $79,322.48 firmware upgrade, training and migration of two video surveillance management systems into a single platform. Grand Total $79,322.48 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of February 25, 2014 2852 Action Item for the City Council Meeting of March 18, 2014 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a)-cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd(c�cctexas.com (361) 857-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(aD-cctexas.com (361) 826-1972 Purchase and Installation of a Roll-Off Hoist Body CAPTION: Motion approving the purchase and installation of one (1) roll-off hoist body from Texan Waste Equipment, Inc., Houston, Texas for a total amount of $60,483. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). PURPOSE: The reconfigured roll-off truck will be used in daily transfer station operations to move refuse within the Elliot Transfer Station. BACKGROUND AND FINDINGS: The City will convert an existing refuse truck into a transfer station roll-off truck. The useful life of the refuse body being removed from this truck has expired and it is too costly to repair. However, the cab and chassis are in excellent shape for their age which will allow another roll-off truck to be built at half the cost of a new truck. ALTERNATIVES: None. 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: Solid Waste Operations, Fleet Maintenance Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $7,759,656.51 $0 $7,759,656.51 Encumbered / Expended Amount $2,362,550.40 $0 $2,362,550.40 This item 1 $60,483.00 $0 $60,483.00 BALANCE $5,336,623.11 $5,336,623.11 Fund(s): Maintenance Service 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 TLGPC CONTRACT NO. 425-13 BUYER: GERALD GOODWIN PURCHASE AND INSTALLATION OF A ROLL-OFF HOIST BODY Texan Waste Equipment, Inc. Houston, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE Kwick Lift C6022 22 ft. roll-off hoist. Includes 1 removal of old body and preparation of 1 Each $60,483.00 $60,483.00 chassis for new roll-off hoist body to be installed on existing City refuse truck. TOTAL: $60,483.00 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of February 25, 2014 2852 Action Item for the City Council Meeting of March 18, 2014 DATE: February 7, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(a)-cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund to establish a Victim Outreach Program CAPTION: Resolution authorizing the submission of a grant application in the amount of $68,163.15 to the State of Texas, Criminal Justice Division. For funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 2 of the Victim Outreach Program with a city match of $13,840.79 and $3,200 in-kind services, for a total project cost of $85,203.94; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: This funding is available from the State of Texas, Criminal Justice Division, to provide funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant is a new project for the Victim Assistance Program. Community Outreach is designed to assist victims in stabilizing their lives after victimization. In high crime rate districts, many victims are resistant to cooperation with law enforcement and the criminal justice system due to the emotional and physical impact of the crime. The grant will provide funding for a victim case manager to provide community outreach to identify resistant or reluctant victims of crime and assist victims in understanding and participating in the criminal justice system. Through public presentations, multi-disciplinary meetings and legal advocacy, the case manager will provide crisis intervention and follow up services in order to establish rapport and build resiliency of victims in districts at high risk for violence. A Staff Assistant keep accurate and timely records, including information properly entered into database systems. The State provides for the salary/benefits of one Victim Case Manager, one Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in-kind contribution, and the City contributes $13,840.79 for training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2014— 8/31/2015. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0 $13,840.79 1 $13,840.79 BALANCE 0 $13,840.79 1 $13,840.79 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Authorizing the submission of a grant application in the amount of .$68,163.15 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit to continue Year 2 of the Victim Outreach Program with a city match of $13,840.79 and $3,200 in-kind services, for a total project cost of $85,203.94; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $68,163.15 for funding available under the Victims of Crime Act (VOCA) Fund for the Police,Department's Family Violence Unit to continue Year 2 of the Victim Outreach Program with a city match of$13,840.79 and $3,200 in-kind services, for a total project cost of$85,203.94. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor ....... . ..... 2 Corpus Christi, Texas Of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott .... IS AGENDA MEMORANDUM APO Future Item for the City Council Meeting of February 25, 2014 xs6� Action Item for the City Council Meeting of March 18, 2014 DATE: February 7, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police FloydsC?cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act.Fund CAPTION: Resolution authorizing the submission of a grant application in the amount of$77,084.05 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA)fund for the Police Department's Family Violence Unit with a city match of$20,271.01 and $4,000 in-kind services,for a total project cost of$101,355.06; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE. Year 14 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim'Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary{benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides $77,084.05 for the salary/benefits of two Victim Case Managers and mileage. Volunteer hours contribute $4,000 as an in-kind contribution, and the City contributes $2 0,271.01 for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2014—8/31/2015. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY I NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating o Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: Expenditures 2013-2014 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $20,271.01 $20,271.01 BALANCE $20,271.01 $20,271.01 Fund(s): General Comments: (Insert any brief comments that may be necessary to explain chart) RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Grant budget Resolution Authorizing the submission of a grant application in the amount of $77,084.05 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $2 0,271.01 and $4,000 in-kind services for a total project cost of $101,355.06; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant., Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $77,084.05 for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of$20,271.01 and $4,000 in kind services for a total project cost of$101,355.06. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor 2 Corpus Christi, Texas Of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen. McIntyre Lillian Riojas Mark Scott d AGENDA MEMORANDUM �oaPOwR,k� Future Item for the City Council Meeting of February 25, 2014 2852 Action Item for the City Council Meeting of March 18, 2014 DATE: February 7, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police Floyds(a)-cctexas.com 886-2603 Approval to submit a grant application to the State of Texas, Criminal Justice Division for funding available under the Violence Against Women Act (VAWA) Fund. CAPTION: Resolution authorizing the submission of a grant application in the amount of $44,356.71 to the State of Texas, Criminal Justice Division. For funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,280.21 and $5,520 in-kind services, for a total project cost of $70,156.92; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: Year 15 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND AND FINDINGS: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a walk-in to the unit at the Police Department. The grant provides funds for one victim case manager to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long- term safety needs. The State provides $44,356.71 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage, volunteer hours contribute $5,520 in-kind contribution, and the City contributes $20,280.21 for training, travel, supplies and miscellaneous equipment as the required match. This grant period will be 9/1/2014— 8/31/2015. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0 $20,280.21 1 $20,280.21 BALANCE 0 $20,280.21 1 $20,280.21 Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Authorizing the submission of a grant application in the amount of $44,356.71 to the State of Texas, Criminal Justice Division, for funding available under the Violence .Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $20,280.21, an in-kind match of $5,520, for a total project cost of $70,156.92; and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of$44,356.71 to the State of Texas, Criminal Justice Division,for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of$20,280.21, an in- kind match of$5,520, for a total project cost of$70,156.92. SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor ........ 2 Corpus Christi, Texas Of , The above resolution was passed by the following vote; Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott ...... ... .... SC 0 AGENDA MEMORANDUM wIaaa©,KR,o Future Item for the City Council Meeting of February 25, 2014 1852 Action Item for the City Council Meeting of March 18, 2014 DATE: January 21, 2014 TO: Ronald L. Olson, City Manager THRU: Mark Van Vleck, P. E., Interim Assistant City Manager of Public Works and Utilities markvvkcctexas.com 826-3897 FROM: Daniel Biles, P. E., Executive Director Public Works danbAcctexas.com 826-3729 Motion adopting a resolution for the acquisition of real property rights for the Navigation Boulevard Street Improvement Project — Up River Road to Leopard Street, Bond 2012 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, right-of-way easements, utility easements, and temporary construction easements for a street improvement project known as the Navigation Boulevard Street Improvement Project which is to be generally located from Leopard Street northward to Up River Road, Bond 2012; (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 Navigation Boulevard Street Improvement Project — Up River Road to Leopard Street, Bond 2012, 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 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 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: Department of Engineering Services (Capital Construction) Department of Street Operations FINANCIAL IMPACT: [ ] Operating [ ]Revenue [ ] Capital [X] 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 Comments: None RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A, Parcel Ownership List Exhibit B, Project Location Map Resolution 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, RIGHT-OF-WAY EASEMENTS, UTILITY EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FOR A STREET IMPROVEMENT PROJECT KNOWN AS THE NAVIGATION BOULEVARD STREET IMPROVEMENT PROJECT WHICH IS TO BE GENERALLY LOCATED FROM LEOPARD STREET NORTHWARD TO UP RIVER ROAD, BOND 2012; (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, right-of-way easements, 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, right-of-way easements, 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 Navigation Boulevard Street Improvement Project, and it is in the public interest to acquire the tracts of land, right-of-way easements, 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 Navigation Boulevard 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 , 2014. 3 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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 Exhibit "A" NAVIGATION BOULEVARD STREET IMPROVEMENT PROJECT PROJECT NO. E12090 PARCEL OWNERSHIP LIST Parcel# Owner Type of Taking Parcel Description Right-of-Way Whelan Tract Unit 1, Lot 1, Block 1, 1 VHI Properties, LP Easement Vol. 44, Pg. 121, Map Records, (see note on pg. 4) Nueces County, Texas 2 Rawson Services, LP 0.0059 acre tract out of Lots 18 & 19, Block 1 of the Whelan Tract, Unit 2 Gray& Burck Properties, 0.0081 acre tract of land out of Lots " 15, 16, & 17, Block 1 of the Whelan Tract, Unit 2 Purvis Bearing Service, 0.0123 acre tract of land out of Lots 4 Ltd 12, 13 & 14, Block 1 of the Whelan Tract, Unit 2 5 Charter Bank Northwest 0.0226 acre tract of land out of Lot 2, Block 3 of the Whelan Tract, Unit 3 0.0137 acre tract of land out of the 6 Fortress Holdings, LLC Whelan Tract, Lot 1, recorded in Vol. 48, Pg. 132, Map Records, Nueces County, Texas 0.0144 acre tract of land out of the 7 Corpus Christi Hospitality Whelan Tract, Tract 1, recorded in LLC Vol. 48, Pg. 132, Map Records, Nueces County, Texas 0.0003 acre tract of land out of Lot 2, 8 Brazos De Santos Richter Addition No. 2, recorded in Partners Ltd Vol. 25, Pg. 74, Map Records, Nueces County, Texas 0.0028 acre tract of land out of Lot 3, 9 L &W Investment Inc Richter Addition No. 2, recorded in Vol. 27, Pg. 17, Map Records, Nueces County, Texas 0.0086 acre tract of land out of Lot 4, 10 Thunderbird Industrial Richter Addition No. 2, recorded in Vol. 33, Pg. 25, Map Records, Nueces County, Texas 0.0042 acre tract of land out of Lot A, 11 Jeri Kolpack Richter Subdivision, recorded in Vol. 37, Pg. 80, Map Records, Nueces County, Texas 0.0036 acre tract out of Lot B, Richter 12 James D. Fenner Subdivision, recorded in Vol. 32, Pg. 49, Map Records, Nueces County, Texas 0.0003 acre tract of land out of Lot C, 13 Petrofleet Automated Richter Subdivision, recorded in Vol. Fueling 55, Pg. 125, Map Records, Nueces County, Texas U.E. = Utility Easement T.C.E. = Temporary Construction Easement 1 Exhibit "A" NAVIGATION BOULEVARD STREET IMPROVEMENT PROJECT PROJECT NO. E12090 PARCEL OWNERSHIP LIST Parcel# Owner Type of Taking Parcel Description Right-of-Way 0.0329 acre tract of land out of Lot 1- 14 La Quinta Texas Easement w/ L, Savage Lane Addition, recorded in Properties, LP U.E. &T.C.E. Vol. 47, Pg. 70, Map Records, Nueces County, Texas 0.0329 acre tract of land out of Lot 1- 14 U.E. La Quinta Texas L, Savage Lane Addition, recorded in Properties, LP Vol. 47, Pg. 70, Map Records, Nueces County, Texas 0.0544 acre tract of land out of Tract 15 7-Eleven, Inc. M , Savage Lane Addition, recorded in Vol. 32, Pg. 128, Map Records, Nueces County, Texas 0.0596 acre tract of land out of Lot 1, 16 Big Diamond, Inc. Whelan Addition Annex, recorded in Vol. 30, Pg. 84, Map Records, Nueces County, Texas 0.0348 acre tract of land out of Lot 3, 17 C.C. Host, L.L.P. Whelan Addition Annex, recorded in Vol. 39, Pg. 140, Map Records, Nueces County, Texas 0.0103 acre tract of land out of the 18 Waukesha Pierce Ind Inc Whelan Addition Annex, Lot 4, recorded in Vol. 39, Pg. 140, Map Records, Nueces County, Texas 0.0408 acre tract out of the Census Tract No. 7, Lot 10, Section H, recorded in Vol. 19, Pg. 70, Map 19 Fortress Holdings, LLC Records, Nueces County, Texas and the Gulf Coast Humane Society Tract, recorded in Vol. 26, Pg. 60, Map Records, Nueces County, Texas 0.0139 acre tract of land out of Lots 20 Toni Lee Meyer 7-A& 7-B, Census Tract 7, Section H, recorded in Vol. 50, Pg. 22, Map Records, Nueces County, Texas 0.0064 acre tract of land out of Lot 7- 21 Ted Nier C, Census Tract 7, Section H, recorded in Vol. 50, Pg. 22, Map Records, Nueces County, Texas 0.0149 acre tract of land out of Lot 6, 22 Markwest Javelina Co Census Tract 7, Section H, recorded LLC in Vol. 23, Pg. 95, Map Records, Nueces County, Texas U.E. = Utility Easement T.C.E. = Temporary Construction Easement 2 Exhibit "A" NAVIGATION BOULEVARD STREET IMPROVEMENT PROJECT PROJECT NO. E12090 PARCEL OWNERSHIP LIST Parcel# Owner Type of Taking Parcel Description 0.0027 acre tract of land out of Lot 1, 23 B. G. Duke Block 2 of the Whelan Addition, recorded in Doc. #320831, Official Records, Nueces County, Texas 0.0066 acre tract of land out of the Whelan Addition, Lot 18, Block 1, 24 George Johnson recorded in Doc.# 19980012, Official Records, and Vol. 11, Pg. 7, Map Records, Nueces County, Texas 0.0043 acre tract of land out of the Right-of-Way Whelan Addition, Lot 1, Block 1, 25 Dan Brodhag Easement w/ recorded in Doc.# 19970307, Official U.E. &T.C.E. Records, and Vol. 11, Pg. 7, Map Records, Nueces County, Texas 0.0076 acre tract out of the Cody Dunn Tract, Tract 14 (Tract E), 26 Geronimo S. Leal, Et ux recorded in Doc.#2013011838, Official Records, Nueces County, Texas 0.0013 acre tract of land out of the Cody Dunn Tract, Tract 14 (Tract F), 27 David Bernal recorded in Doc.#2009032413, Official Records, Nueces County, Texas 0.0214 acre tract of land out of Navigation Subdivision, Lot 8, Block 1, recorded in Vol. 42, Pg. 33, Map Records, Nueces County, Texas & the Cody Dunn Tract (75'x 185') out of Tract 14 (Tract M) &the Cody Dunn Tract (75'x 185') out of Tract 14 (Tract L) recorded in Doc.#2010040428, Official Records, 28A Flint Hills Resources Nueces County, Texas &the Whelan Addition Annex, Lots 7 & 8, Block 4, recorded in Vol. 41, Pg. 136, Map Records, Nueces County, Texas & the Whelan Addition Annex, Lot 9, Block 4, recorded in Vol. 42, Pg. 169, Map Records, Nueces County, Texas &the Cody Dunn Tract (150'x 185') out of Tract 14 (Tract H) recorded in Doc.#2011010311, Official Records, Nueces County, Texas U.E. = Utility Easement T.C.E. = Temporary Construction Easement 3 Exhibit "A" NAVIGATION BOULEVARD STREET IMPROVEMENT PROJECT PROJECT NO. E12090 PARCEL OWNERSHIP LIST Parcel# Owner Type of Taking Parcel Description 0.0005 acre tract of land of Lot 5, 28B Flint Hills Resources Block 1, Navigation Subdivision, recorded in Vol. 25, Pg. 74, Map Records, Nueces County, Texas 0.0078 acre tract of land out of the Cody Dunn Tract, Tract 14 (Tract S & 28C Flint Hills Resources Tract R), recorded in Doc.# 2010040428, Official Records, Nueces County, Texas U.E. = Utility Easement T.C.E. = Temporary Construction Easement Note: In the event a landowner obiects to conveyance of the parcel by a Right-of-Way Easement and prefers a conveyance by deed, City staff will accept a Warranty Deed in lieu of the easement taking. 4 a / //ff r /ti y/��(�"ry i lid/ ,, / „�n�/i //;✓iio / „✓a/ % �IGrry i jy r/ / v, / a, Il / � %/ )ir ,,,,/i , / /', ,;r ,�;,�% �// „ %/i; r,,,, %;,,,�, rii' "t/r :" /i/, %l/✓/'/�'.0 / //iii,,, r. /,,; Vii„ ,rc, �"�r � „ � //; �/, ! .:,r .r /9,:. ,///��../,,,,. �////f/ /�j /O/ ✓a,:,%rir of ,,vi/rl;, r ,r�//�, %i r ; ��! ,;",,, ri/�„ �k%r r/� �i%!����,,/r irr%/% �%� "1, »✓i��/i/ ai�%iii cif r PROJECT LOCATION � I ' ';" r ate,,.. ✓ �,,//j/ rrr;i'rcl, 1l� I "lrrl,lr'/ �r ✓% /,i/iii%� ii l/ ;,/rr � ' /!,,, , / /i�/"rii % r%fir r s6" /j �, /r. 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I �,i,,,,//,%, r�o l / y 1r rl Jb fij(Y1y 1, al 1, r/� a: 1„rif �/l ,r !�% wmm , r � r ` ” „cr r, r�cri r/e/rN' %l�ii-: pr/%///' se �/..//////% /„i/LL%l</i //,,.:., lily ' %�,��1ra i Fib P LOCATION MAP NOT TO SCALE PROJECT# E12090 NA VI GA TION BL VD EXHIBIT B CITY OF CORPUS CHRISTI, TEXAS UPRIVER ROAD TO LEOPARD STREET DEPARTMENT OF ENGINEERING SERVICES C = PAGE: 1 OF 1 d AGENDA MEMORANDUM oaPOwR,k Future Item for the City Council Meeting of February 25, 2014 2852 Action Item for the City Council Meeting of March 18, 2014 DATE: February 11, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 RESOLUTION SUPPORTING THE REGIONAL/URBAN DESIGN ASSISTANCE TEAM PROJECT Harbor Bridge CAPTION: Resolution to provide support to the Regional/Urban Design Assistance Team Project. PURPOSE: This resolution provides support to the Regional/Urban Design Assistance Team (RUDAT) Project which will study and provide recommendations for redevelopment of the area affected by the Harbor Bridge Relocation. The area encompassed in the study will be bounded by North Port Avenue, Interstate 37, Corpus Christi Bay, Nueces Bay, and the Rincon Channel. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT), Corpus Christi District, is determining whether the Harbor Bridge, which spans the Corpus Christi Ship Channel at U.S. 181, should be replaced. A Feasibility Study completed by TxDOT in 2003 concluded that U.S. 181 and the Harbor Bridge must be improved to maintain a safe and efficient transportation corridor. The new bridge will require redevelopment to respond to the configuration of new connecting roads and revised approaches. Though the process that TxDOT is following provides ample opportunity for public input to the new bridge impact at a fairly granular level, it does not create a broader vision for how the affected areas could capitalize on the opportunities created by the new alignment. Objectives which will be anticipated if awarded the grant for the RUDAT redevelopment study are: 1. Recommendations on land use and zoning optimized for: a. Preservation and restoration of historic North Side and Washington-Coles neighborhoods. b. North Beach commercial, entertainment, recreational and residential development. c. SEA District use development. d. Integration with industrial and port activities. e. Improved parking density and efficiency. 2. Development concepts in the public domain for existing bridge corridor, both sides of the channel. 3. Pedestrian and transit concepts to unify and connect SEA District amenities. 4. Concepts for making North Beach more accessible. 5. Establish concepts for ambience, particularly with respect to streetscaping, lighting, signage and way-finding to unify and enhance the destination quality of the area. 6. Within the larger context of the report, provide 4-5 actionable projects that could be implemented within a 10-year timeframe. ALTERNATIVES: 1. Approve support to Regional/Urban Design Assistance Team Project. (recommended) 2. Do not approve support to Regional/Urban Design Assistance Team Project. (not recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This Resolution conforms to the City's Charter. EMERGENCY/ NON-EMERGENCY: Non-Emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not applicable. Comments: Not applicable. RECOMMENDATION: Approval of the resolution as proposed, which would allow staff to provide support to the Regional/Urban Design Assistance Team Project. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map Resolution to provide support to the Regional/Urban Design Assistance Team Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council supports the Regional/Urban Design Assistance Team Project, and authorizes the City Manager or designee to execute all necessary documents (attached here as Exhibit "A"). ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta 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 Corpus Christi Metropolitan Planning Organization RESOLUTION TO PROVIDE SUPPORT TO THE REGIONAL/ URBAN DESIGN ASSISTANCE TEAM PROJECT WHEREAS, The Texas Department of Transportation in cooperation with the Federal Highway Administration proposes to relocate the existing Corpus Christi Harbor Bridge and improve the approach roadways along US 181 and SH 286: and, WHEREAS, the existing Harbor Bridge will be removed and the land area will become available for redevelopment: and, WHEREAS, the new bridge will require redevelopment to respond to the configuration of new connecting roads: and, WHEREAS, the relocation project represents a unique opportunity to redevelop, reunite and improve areas that are economically challenged: and, WHEREAS, the American Institute of Architects — Regional / Urban Design Assistance Team program will provide expertise and direction in an expeditious manner to develop an area vision and implementation plan: and, WHEREAS, the City of Corpus Christi is tasked with managing the development within the urbanized area: and, WHEREAS, the City of Corpus Christi has had, and will continue to have, a representative role in the development of the urbanized area: and, WHEREAS, the City of Corpus Christi continues to be a forum for cooperative decisions on transportation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CORPUS CHRISTI THAT: 1) The City of Corpus Christi acknowledges and supports the participation in the Regional/ Urban Design Assistance Team project. EXHIBIT "A" Page 1 of 1 ',� _ ,RIJIDAT REDEVELOPMENT PLANNING AREA Aw 'Amm PROPOSED HARBOR BRIDGE ALIGNMENT "n N�o, u AN tp�� 00 gw'- :7/,//- g A/ "effl", EXISTIN SO R9 mr- RT`AV8`-' w HARBOR BRIDGE ow I ,X, A 0, �,Y M7 le, -811111, ""val 21 Ae, — :"F m N F F/ 'A' Al, k/ FOR w� '111v g Ign vllr -n ly 4 w jt/� P(� �,v 01 vl�J)ffi� d/& 11�111,,A �mpmxq, Al/l/000/01111 M BE l?, LOCATION MAP NOT TO SCALE REGIONAL/URBAN DESIGN ASSISTANCE TEAM (RUDAT) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS REDEVELOPMENT PLANNING APPLICATION FOR DEPARTMENT OF ENGINEERING SERVICES HARBOR BRIDGE RELOCATION PAGE: 1 of 1 bUS c �a a� A. ' "awwawaik 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 25, 2014 Action Item for the City Council Meeting of March 18, 2014 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Refunding of Lavaca-Navidad River Authority (LNRA) Water Supply Facilities Revenue Bonds for Debt Service Savings CAPTION: Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Lavaca-Navidad River Authority Water Supply Contract Revenue Refunding Bonds Taxable Series 2014, (Lake Texana Project); and other matters in connection therewith. PURPOSE: Refunding the Lavaca-Navidad River Authority Water Supply Contract Revenue Bonds will realize debt service savings, resulting in lower debt payments for the City of Corpus Christi. These refunding bonds must be issued on a taxable basis because Formosa Plastics, Inc. is a party to the underlying take-or-pay contract. BACKGROUND AND FINDINGS: In 1993 the City of Corpus Christi entered into an agreement with the Lavaca-Navidad River Authority (LNRA) to acquire the rights to purchase water from Lake Texana for a period of 42 years. In 2001, the City of Corpus Christi approved the issuance of bonds by LNRA to pay the federal contract for the water rights. Subsequently in 2002, the City of Corpus Christi approved the issuance of two series of bonds by LNRA to fund the City of Corpus Christi Lake Texana Project — water supply facilities (pump station). The City also executed contracts with the LNRA which obligated the City to make payments sufficient to pay a portion of the debt service payments for each series of these bonds. This is considered contract revenue debt on the City's books and is reflected as an operating expense in the City's Water Fund. Currently there is a refunding opportunity on these three series of bonds which is estimated to generate debt service savings. The series of LNRA bonds being considered for refunding include: Series 2001 with a par amount of $14,100,000; Series 2002A with a par amount of $25,700,000; and Series 2002B with a par amount of $6,200,000. The aggregate estimate principal amount of the refunding bonds is $47,235,000, and the aggregate new present value savings is estimated to be $4.85 million or 4.69%. The City of Corpus Christi will realize its proportionate share of these debt service savings. The original debt payments for the three series of bonds were structured in such a way that the payments were relatively low and level every year - except for a balloon payment the last year in 2035 when the debt payments almost triple. This refunding will smooth out all the debt payments to achieve level payments throughout the life of the refunding bonds. The 1993 LNRA contract is otherwise not being amended or extended. Additionally approval of this resolution authorizes the City Manager or his designee to consult with M. E. Allison & Co., Inc. as financial advisor for this transaction. ALTERNATIVES: The alternative would be to take no action on the refunding of the bonds. However, this would put pressure on the City of Corpus Christi water rates especially in 2035 when the LNRA debt payments almost triple. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Utilities Department • Bond Counsel • Legal Department FINANCIAL IMPACT: ❑ Not Applicable x Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget (Debt payments) - - $ 84,093,555.00 $ 84,093,555.00 Encumbered/Expended amount of(date) - - -This item - - $ (74,316,792.70) $ (74,316,792.70) BALANCE (Refunding Savings) - - $ 9,776,762.30 $ 9,776,762.30 FUND(S): Water Fund COMMENTS: The $9,776,762.30 noted above represents savings in debt payments by refunding the three series of LNRA bonds for the remaining life of the bonds — through December 31, 2035. This represents a net present value savings over the remaining life of the bonds of $4,852,872.86. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution DRAFT 2/13/14 RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS NECESSARY TO APPROVE THE ISSUANCE OF REFUNDING BONDS DESIGNATED AS LAVACA-NA VH)AD RIVER AUTHORITY WATER SUPPLY CONTRACT REVENUE REFUNDING BONDS, TAXABLE SERIES 2014 (LAKE TEXANA PROJECT); AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the authorized representative of the City of Corpus Christi, Texas (the "City") shall approve the issuance of bonds by the Lavaca-Navidad River Authority (the "LNRA") designated as "Lavaca-Navidad River Authority Water Supply Contract Revenue Refunding Bonds, Taxable Series 2014 (Lake Texana Project)", in the aggregate estimated principal amount of$47,235,000(the"LNRA Bonds"); and WHEREAS, the LNRA Bonds will refund for debt service savings certain currently outstanding LNRA obligations (the"Refunded Bonds"); and WHEREAS, the City has executed contracts with the LNRA pursuant to which the City is obligated to make payments sufficient to pay a portion of the debt service due and payable on the LNRA Bonds and the Refunded Bonds; and WHEREAS, the City has requested that LNRA consider the issuance of the LNRA Bonds to produce debt service savings on the Refunded Bonds that are subject to redemption prior to their scheduled maturities; and WHEREAS, the City has been advised by representatives of the LNRA that it is willing to proceed with the issuance of the LNRA Bonds; and WHEREAS, the documents governing the issuance of the LNRA Bonds each provide that refunding bonds may be issued subject to the approval of the terms of such refunding bonds by the City; and WHEREAS, because of fluctuating conditions in the municipal bond market, the City Council has determined to delegate to the City Manager, or his designee, the authority to approve the terms of the LNRA Bonds, subject to the parameters hereinafter described. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager, or his designee, is hereby authorized to act on behalf of the City to approve the terms of the LNRA Bonds. The City Manager, or his designee, may evidence such approval on behalf of the City by executing the bond purchase agreement prepared in connection with the sale and delivery of the LNRA Bonds, or by executing a certificate evidencing the approval of the terms of the LNRA Bonds, as the City Manager in his discretion may determine. 57604523.1 Section 2. That the City Manager, or his designee, is authorized to consult with M.E. Allison & Co., Inc., the City's financial advisor, to determine that the sale of the LNRA Bonds occurs on such terms that are consistent with the conditions in the municipal bond market at the time the LNRA Bonds are priced for sale by the LNRA- Section 3. That the City Manager, or his designee, shall be and is hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments,whether herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Resolution, including, but not limited to, approving the form of the notice of redemption calling the Refunded Bonds for redemption prior to their scheduled maturities, and such certifications or instruments as may be necessary to effect the issuance of the LNRA Bonds. A determination by the City Manager, or his designee, that the final forms of such certifications or instruments, including specifically, but not by way of limitation, the bond purchase agreement and offering documents, if any,relating to the LNRA Bonds, comply with the authorizing documents relating to the LNRA Bonds, and applicable Texas law, shall have the same force and effect as a finding or determination made by the City Council. Section 4. That the foregoing notwithstanding, the City Manager, or his designee, shall not approve the sale of the LNRA Bonds if the debt service savings to be generated by the issuance of such LNRA Bonds does not generate at least a [three percent(3%)] net present value savings to the City. Prior to the delivery of the LNRA Bonds, the City Manager, or his designee, shall execute and deliver to the City Council a certificate setting forth the terms of such refunding bonds, and in such certificate the City Manager, or his designee, shall state that the terms of such refunding bonds conform to the parameters set forth in this Resolution. Section 5. That the authority delegated to the City Manager to approve the sale of the LNRA Bonds shall expire on , 2014. Section 6. That this Resolution shall become effective immediately upon its adoption by the City Council. This Resolution supersedes any prior resolutions adopted by the City Council with respect to the LNRA Bonds. [The remainder of this page intentionally left blank.] 57604523.1 -2 - PASSED AND APPROVED this the 18'h day of March, 2014. Nelda Martinez, Mayor City of Corpus Christi, Texas ATTEST: kei�ec' ca""H-...u`e r"t a,-C-i t'y—-Se cr-e-''t"a—ry- (SEAL) APPROVED THIS DAY OF MARCH, 2014: [Lisa Aguilar, Acting City Attorney] 57604523.1 S-1 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 .�gt3S C 0 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of February 25, 2014 Action Item for the City Council Meeting of March 18, 2014 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Reimbursement Resolution for Energy Efficiency Projects CAPTION: Resolution relating to establishing the City Council of the City of Corpus Christi, Texas' intention to reimburse itself for the prior lawful expenditure of funds relating to the acquisition of a new energy management and control system on a city-wide basis and certain other personal property 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. PURPOSE: Since the City intends on awarding the contract amendment for energy efficiency conservation retrofit projects prior to the issuance of debt, this resolution is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds BACKGROUND AND FINDINGS: Phase 1 of the energy services contract with McKinstry Essention was completed in 2013, and the City is ready to move forward with Phase 2 of the project. The award of the contract amendment is expected to take place prior to the issuance of bonds to fund the project, and so in order for the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - -This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS' INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO THE ACQUISITION OF A NEW ENERGY MANAGEMENT AND CONTROL SYSTEM ON A CITY-WIDE BASIS AND CERTAIN OTHER PERSONAL PROPERTY 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 (i) to acquire a new energy management and control system on a City-wide basis and certain other personal property (the Acquisition Costs) and (ii)for the payment of various administrative costs, including the fees of bond counsel, financial advisor, and other professional services (the Administrative Costs) [the Acquisition Costs and Administrative Costs collectively constitute the costs of the Issuer's project that is 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 its Public Property Finance Contractual Obligations, Series 2014 in the principal amount of not to exceed $9,000,000 to finance a portion of the costs of the Project; and 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 40514045.2 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. 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. -2- 40514045.2 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] 40514045.2 PASSED, ADOPTED AND APPROVED on this the 18`x'day of March, 2014. CITY OF CORPUS, CHRISTI,TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF 2014: Lisa Aguilar, Interim City Attorney -4- 40514045.2 THE STATE OF TEXAS )( COUNTY OF NUECES )( 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 a Reimbursement Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 18'h day of March, 2014, relating to establishing the City's intention to reimburse itself in an amount not to exceed $9,000,000 for public improvements throughout the City, which Reimbursement 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 March, 2014. City Secretary (CITY ) �5.. 40514045.2 Corpus Christi, Texas of , The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AGENDA MEMORANDUM . . „f for the City Council Meeting of February 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo(a)cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Senior Center Customer Service Survey and Benchmark Study STAFF PRESENTER(S): Name Title/Position Department 1. Michael Morris Director Parks & Recreation 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Oraanization 1. Dr Daniel Jorgensen Assistant Professor Texas A&M University-Corpus Christi 2. 3. BACKGROUND: A customer service survey and benchmark study for the City of Corpus Christi Senior Centers was conducted by Masters of Public Administration students during the Fall 2013 semester. This presentation will report on the results. LIST OF SUPPORTING DOCUMENTS: PowerPoint Project Scope • Determine customer satisfaction with the social programming and nutritional services at senior centers in Corpus Christi • Determine customer perceptions of professionalism of service delivery at the centers • Develop performance benchmarks for programming and operations to use for comparison to other cities 2 Who Goes? & Why? • Who visits the centers? o 78% of respondents are between 65-84 years old 0 63% are female • 79% drive themselves • 77% go at least 2-3 times per week, if not daily • 57% most often attend in the morning • Why attend? • 73% come for Meals/Lunch 0 52% Dances/Social Activities 0 40% Volunteering 3 Survey Findings • High levels of satisfaction in every category surveyed: Overall satisfaction (82%) Satisfaction with food service programs (58%) Satisfaction with social programs (89%) • Perceptions — Program and Staff I feel welcome when I visit (94%) I recommend the center to friends (94%) Staff is courteous and helpful (91%) Center is clean and inviting (91%) Adequate accommodations for disabled seniors (82%) 4 Health & Social Outcomes for Seniors • Levels of Favorable responses: o More socially involved with others (83%) o More mentally active (77%) o More physically active (75%) o Better able to take care of my health (72%) o Quality of life has improved (7o%) o Able to live more independently (68%) o Healthier than I would be if not joined (6i%) o Healthier than before (58%) 7 Barriers to Participation • Activities reaching attendance caps (24%). • Times activities are offered (24%) • Hearing loss (21%) • Limited mobility (14%) • Lack of activity options (13%) • Transportation to center (11%) • Still employed (io%) 5 Suggestions for Improvement Text size equals approximate representation of responses *One common theme not appearing due to numerous terms used is that of deferred maintenance of the facilities. Paint and parking are two terms used. 6 Benchmark Participants • 12 cities asked to participate, 7 responded to questionnaire Responded Arlington, TX Austin, TX El Paso, TX Laredo, TX Lubbock, TX Portsmouth , VA Plano, TX (aspiration city) Did Not Respond Houston, TX Brownsville, TX Mobile, AL Tampa, FL Chula Vista, CA 8 Comparable Benchmarks • Number of seniors served per week (per i,000 65+ population): o Group median: 52 per woo 65+ Corpus Christi Centers: 6i per moo 65+ • Attendants that participate in food service programs: o Group median: 53% o Corpus Christi Centers: 73 9 Comparable Benchmarks • Hours of operation (average hours per week): o Group median: 38.75 o Corpus Christi Centers: 30 Programming categories offered: o Group median: 4 o Corpus Christi Centers: 4 • Funding sources reported: o Group median: 1 o Corpus Christi Centers: 3 10 Conclusions and Recommendations • The seniors who participate in Corpus Christi Senior Center demonstrate: o High levels of positive satisfaction toward programming o High levels of positive perceptions of staff o High levels of increased quality of life outcomes • The Corpus Christi Senior Center program does well when benchmarked with other aspirational and peer cities. o Meets or exceeds 4 of 5 comparable benchmarks • Nutritional program is a key driver for overall satisfaction (73%particinate) , but only 58% of people participating in the meal program are satisfied or very satisfied. o Continue monthly survey to identify potential improvements in the quality of meals 11 Conclusions and Recommendations • Social programming is another key driver of satisfaction. Respondents were overall satisfied, but offered recommendations for improvement. o Evaluate current hours of operation -- Second lowest hours of operation per week among benchmark respondents o Additional activities involving movement: exercise, Zumba, dance o Additional activities involving self- improvement courses: ceramics, computer classes o Address deferred maintenance issues 12 SC µrya AGENDA MEMORANDUM City Council Meeting of February 25, 2014 DATE: February 5, 2014 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM — Business Support Services WesP@cctexas.com (361) 826-3082 Corpus Christi Museum of Science & History — Update STAFF PRESENTER(S): Name Title/Position Department 1. Wes Pierson ACM Business Support Services 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Carol Rehtmeyer Executive Director CCMSH 2. Bill Durrill President CCMJV 3. BACKGROUND : In 2012, the City entered into a Management Agreement with Corpus Christi Museum Joint Ventures for the operations of the Corpus Christi Museum of Science & History. This presentation is to update Council on the performance of the Museum over the term of this agreement, and get direction moving forward, as the current is set to expire in August 2014. LIST OF SUPPORTING DOCUMENTS: Power Point— Corpus Christi Museum of Science & History Update CORPUS CHRISTI MUSEUM OF SCIENCE & HISTORY Recap, Update & Next Steps MANAGEMENTAGREEMENT CONCEPT • New Management Structure for Museums = City owns Land, Building & Collections = Museum maintains Mission, Certification &Accreditation = CCMJV provides economies of scale for Promotions, Catering, Event Hosting & Improvements. • September 1, 2012 -August 31, 2014 = Option to Extend 5 years Sit Museum Revenue $474,321 Provided Operations Support Payment Exceeded Revenue Benchmark Began Facility Improvement Reimbursement No Revenue Sharing Operations & Management $1,548/461 HISTORICAL REVENUES $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 FY 2008 Admission Fees FY 2010 Facility/Event Rentals FY 2011 FY 2012 CCISD & Other Educational Groups FY 2013 Doc McGregor Prints HISTORICALATTENDANCE (TYPE) 70,000 6o,000 50,000 40,000 30,000 20,000 10,000 0 FY Zoog FY 2010 FY 2011 FY 2012 FY 2013 Special Events School Groups Free Admission Paid Admission FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 E. Regular 0 Child Rate E Memberships In 2013, the City Manager approved CCMJV's proposed changes to the Admission Rates & Rental Rates. Brought Admission Rates in line with similar attractions in area. Created Kids' Camps. Expanded use of Museum Facilities for Special Events. Renovated Museum Lobby & Entrances Landscaping Front Parking Lot New! Geek &Chic Shop Doc McGregor Gallery Remodeled Lecture Hall Museum Theatre Continue Improvements to Interior, Exterior & Plaza Modernization & Clarification of Signage Updates & Renovations Bridal Suite Employee Offices & Lounge Classrooms, adding Media Centers & Smart Boards Water Garden Room Museum 2nd Floor Developed 2 -Year Educational Plan ■ 17+ TEKS focused lessons Field Trips & Discovery Stations Periodic Tabte of Focus Programs 1, �.. a Outreach Programming for Surrounding School Districts & Private Schools Summer Camps, CSI Corpus Christi, Robotics, Mad Scientist, Kitchen Chemistry, Bugsapaloosa &Totally Ballistics. FY 2014 - PROGRAMMING • In-HouseTheaterTroupe Performances • "Let's Move" Programming for CCISD • New! Spring Break Week, a "Drop 'n Shop" Day Camp &Winter Camp • Expansion of Specialized Programming • Distance Learning Center • World Peace Foundation Partnership • Science & Math -Based Educational Academy with Higher Ed ONGOING EFFORTS & FUNDRAISING • 5 Grant Requests written • Developing Industry Funded Energy Exhibit • Over s1 million bequeathed to the Museum • Community Partner Project NEXT STEP OPTIONS ■ End Partnership ■ Extend Management Agreement ■ Enter into a Long Term Lease Recommendation: