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HomeMy WebLinkAboutAgenda Packet City Council - 03/18/2014 Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com ply � xF Meeting Agenda - Final olltukllffl ""o City Council Tuesday, March 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. 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 Pastor Kenneth Mutchler, Immanuel Fellowship Church 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. 14-00311 Proclamation declaring March 18, 2014 as "Leadership Corpus Christi 42 Day" Proclamation declaring March 18, 2014, as "World Water Day" Proclamation declaring March 2014, as "Professional Social Work Month" Presentation of Mayor's Clean & Green Awards Recognition of Hotel Occupancy Tax Fund Arts Grant Recipients for 2014 chosen by the Arts & Cultural Commission Corpus Christi Page 1 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 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 -Streets Department 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. 14-00312 Regular Meeting of February 25, 2014 Attachments: Minutes- February 25, 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 311712014 City Council Meeting Agenda-Final March 18,2014 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 -24) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 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 4. 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 5. 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 Corpus Christi Page 3 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 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 6. 14-00123 Purchase and installation of a roll-off hoist body for a reconfigured roll-off truck to be used at transfer station 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 7. 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 8. 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 9. 14-00184 Authorizing submission of grant application to the State for violence against women under the Violence Against Women Act (VAWA) Corpus Christi Page 4 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 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. Attachments: Agenda Memo-VAWA grant 02.25.2014 Resolution -VAWA 2014- Police 10. 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 11. 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 12. 14-00216 Refunding of Lavaca-Navidad River Authority (LNRA)water supply Corpus Christi Page 5 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 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. Attachments: Agenda Memo- LNRA Refunding February 25, 2014 .pdf Resolution -LNRA 2-25-14.pdf 13. 14-00148 Second Reading Ordinance - Exempting Buena Vista Addition, located on Guth Lane, north of Interstate Highway 37 and west of Sessions Road, from the wastewater lot/acreage fees (1st Reading 2/25/14) 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, 14. 14-00149 Second 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 (1st Reading 2/25/14) 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 15. 13-001123 Second Reading Ordinance -Changing the name of Bufferhead Drive to Bufflehead Drive (1st Reading 2/25/14) Ordinance changing the name of Bufferhead Drive to Bufflehead Drive between Eider Drive and Goldeneye Drive Corpus Christi Page 6 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 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 16. 14-00174 Second Reading Ordinance -Accepting and appropriating grant funds for the Operation Stonegarden program for reduction of crime in the Rio Grande Valley(1st Reading 2125114) 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. 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 17. 14-00108 Second Reading Ordinance -Appropriating funds for the Infor Enterprise Resource Planning (ERP) implementation (1st Reading 2125114) 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 18. 14-00200 Second Reading Ordinance - Authorization for streamlining the approval process for repeat special events requesting use of City property (1st Reading 2125114) Ordinance authorizing the City Manager or designee to execute agreements for use of City property by repeat special events. Corpus Christi Page 7 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 Attachments: Agenda Memo- Repeat Special Events Ordinance- Repeat Special Events 19. 14-00166 Second Reading Ordinance - Lease agreement for the 2014 Buccaneer Days Festival and related activites (1st Reading 2125114) 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 20. 14-00128 Second Reading Ordinance - Engineering construction contract for downtown (Chaparral) signal improvements (Bond Issue 2008) (1st Reading 2125114) 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 21. 14-00193 Second Reading Ordinance - Engineering construction contract for Health Department parking lot (Bond 2012) (1st Reading 2125114) 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 Corpus Christi Page 8 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 $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) Attachments: Agenda Memo- Health Department Building Parking Lot.pdf Ordinance amending CIP to accelerate funding for Health Department.docx Project Budget- Health Department Building Parking Lot.pdf Location Map- Health Department Building Parking Lot.pdf Presentation- Health Department Building Parking Lot.pdf 22. 14-00043 Second 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 (1st Reading 2125114) 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 Project 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 23. 14-00094 Second Reading Ordinance - Engineering design contract for Southern Minerals Road from Up River to IH 37 (1st Reading Corpus Christi Page 9 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 2125114) 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 24. 14-00096 Second Reading Ordinance - Engineering design contract for Ayers Street from Ocean to Alameda (1st Reading 2125114) 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-Avers Street from Ocean to Alameda Ordinance-Avers Street Project Budget-Avers from Ocean to Alameda-with formulas Location Map-Ayers Presentation-Avers Bond 2014 Contract- Freese and Nichols M. PUBLIC HEARINGS: (ITEMS 25 -29) 25. 14-00237 Public Hearing and First Reading Ordinance -Rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, on property located at the southwest corner of Leopard Street and Rhew Road. Case 0214-01 Bill Ferguson: A rezoning from the "FR" Farm Rural Corpus Christi Page 10 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 69.265-acre tract of land out of a 176-acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Arnie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), by changing the UDC Zoning Map in reference to a 69.265-acre tract of land out of a 176-acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, from the "FR" Farm Rural District to the "I L" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Bill Ferguson, Leopard Street and Rhew Road Ordinance- Bill Ferguson, Leopard Street and Rhew Road Zoning Report-Bill Ferguson, Leopard Street and Rhew Road Aerial Map-Bill Ferguson, Leopard Street and Rhew Road 26. 14-00238 Public Hearing and First Reading Ordinance -Rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District, on property located at 6045 Bear Lane. Case 0214-02 Congregation of Divine Providence, Inc.: A change of zoning from the "FR" Farm Rural District to the "I L" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as being 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon application by the Congregation of Divine Providence, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 40 acres of land, more or Corpus Christi Page 11 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Congregation of Divine Providence, Inc Ordinance-Congregation of Divine Providence, Inc Zoning Report-Congregation of Divine Providence, Inc. Arial Map-Congregation of Divine Providence, Inc. 27. 14-00243 Public Hearing and First Reading Ordinance -Rezoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District, on property located at 4410 Ivy Lane. Case No. 0214-04 Santos and Virginia Herrera:A change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from commercial to low density residential uses. The property is described as being a 0.113-acre tract of land out of Lot 10A, Ava Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Santos Herrera and Virginia Herrera ("Owners"), by changing the UDC Zoning Map in reference to a 0.113-acre tract of land out of Lot 10A, Ava Cooper Subdivision, from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-Santos and Virginia Herrera, 4410 Ivy Lane Ordinance-Santos and Virginia Herrera, 4410 Ivy Lane Zoning Report-Santos and Virginia Herrera, 4410 Ivy Lane Aerial Map-Santos and Virginia Herrera, 4410 Ivy Lane 28. 14-00245 Public Hearing an First Reading Ordinance - Rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, on property located at 7201 Yorktown Boulevard. Case No. 0214-03 Yorktown Oso Joint Venture:A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 22.87-acre tract of land, more or less, out of Lots Corpus Christi Page 12 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives. Planning Commission and Staff Recommendation (February 12, 2014): Approval of the rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC') upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 22.87-acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda Memo-Yorktown Oso Joint Venture, 7201 Yorktown Boulevard Ordinance-Yorktown Oso Joint Venture 7201 Yorktown Boulevard Zoning Report-Yorktown Oso Joint Venture, 7201 Yorktown Boulevard Aerial Map-Yorktown Oso Joint Venture, 7201 Yorktown Boulevard 29. 14-00244 Public Hearing and First Reading Ordinance -Closing a portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition located west of South Alameda Street and South of McKenzie Street Ordinance abandoning and vacating a portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. Attachments: Agenda Memo-Abandon and Vacate, Fitchue Place Addition Ordinance-Abandon and Vacate, Fitchue Place Addition Exhibit A-Abandon and Vacate, Fitchue Place Addition Exhibit B-Abandon and Vacate, Fitchue Place Addition N. REGULAR AGENDA: (ITEMS 30 -32) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 30. 14-00268 Confirming Barney L. Knight as Interim City Attorney and approving agreement Motion confirming Barney L. Knight as Interim City Attorney and approving an agreement with Barney L. Knight of Knight & Partners, Attorneys at Law, for a period of one calendar month with an option to Corpus Christi Page 13 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 extend for up to three additional calendar months for a fee of$16,000 a month. Attachments: Agenda Memo for City Attorney Resume- Knight-BLK Agreement-City Attorney 31. 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 32. 14-00208 Second Reading Ordinance -Contract amendment no. 2 for energy performance contract for Energy Efficiency Conservation Retrofit for Major City Facilities Project, Phase 2 (1st Reading 2125114) 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 O. FIRST READING ORDINANCES: (ITEMS 33 -41) 33. 14-00247 First Reading Ordinance -Approving the financing for phase 2 of energy projects Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of"City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" in an amount Corpus Christi Page 14 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 not to exceed $9,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/RegistrarAgreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. Attachments: Agenda Memo- PPFCO's for Energy Projects March 18, 2014.pdf Ordinance- Energy Projects Financing March 18, 2014.pdf Schedule- Ph2 Cost Saving McKinstry.pdf 34. 14-00219 First Reading Ordinance -Accepting and appropriating a State grant for Local Border Security Program (LBSP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of$45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits; and appropriating the $45,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo- LBSP 03.18.2014 Award document-LBSP 03.18.2014 Ordinance- LBSP 2014 35. 14-00262 First Reading Ordinance -Accepting and appropriating funds from State for training of police personnel and purchase of training equipment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$29,600.43; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$29,600.43 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. Attachments: Agenda Memo- LEOSE approp 03.18.2014 Ordinance- LEOSE funds 2014- Police 36. 14-00239 First Reading Ordinance - Accepting and appropriating developer fees and interest for park improvements and other related projects Corpus Christi Page 15 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1,498.08 in interest earnings for a sum of $343,344.95 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Attachments: Agenda Memo-CommEnrich fds appropriationMarch2014 Ordinance-CommEnrich fds approp March2014 v2 Attachment-Comm EnrichAppropriations for 031814 37. 14-00241 First Reading Ordinance - Lease agreement for radio control automobile activity at Bill Witt Park Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Attachments: Agenda Memo-STARCAR lease at Bill Witt Ordinance-STARCAR lease at Bill Witt Lease Agreement-STARCAR lease at Bill Witt 38. 14-00249 First Reading Ordinance -authorizing financing for proposed Bond 2014 design work Ordinance authorizing the issuance of"City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Payment Agent/RegistrarAgreement and a Purchase and Investment Letter; complying with the provisions of the Depository Trust Company's Letter of Representations; and providing an effective date. Attachments: Agenda Memo-Tax Notes for Bond 2014 Design March 18, 2014.pdf Ordinance- Bond 2014 Tax Note.pdf Bond 2014 Design-Street Propositions.pdf 39. 14-00261 First Reading Ordinance -Amending Capital Improvement budget to include pier"R" replacement project Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project Number E13144 City Marina Replacement of Pier R; increasing revenues and expenditures in the amount of$3,239,496. Attachments: Agenda Memo- Marina Ordinance-to amend CIP for City Marina Project Corpus Christi Page 16 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 40. 14-00316 First Reading Ordinance - Engineering construction contract for McArdle Road from Ennis Joslin Road to Whitaker Drive (Bond 2012) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $651,654.15 from Fund 3549 Project#E12098 McArdle Road from Whitaker Drive to Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves, $360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to Project #E12097 McArdle Road from Nile Drive to Ennis Josin; increasing expenditures in the amount of$425,000; authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of $10,653,999.40 for McArdle Road from Ennis Joslin to Whitaker for the base bid; and executing a testing agreement with Rock Engineering and Testing Laboratories, Inc. in the amount of$74,850 for McArdle Road from Ennis Joslin to Whitaker for construction materials testing services. (Bond 2012) Attachments: Agenda Memo-McArdle Road Ordinance- McArdle Road Contract- McArdle Testing Final Budget- McArdle Location Map- McArdle Presentation- McArdle Road 41. 14-00292 First Reading Ordinance -Appropriating Lead Ballast Revenue Ordinance appropriating $18,526 of revenue, from the sale of lead ballast from the Santa Maria, in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing revenue and expenditures by $18,526 each Attachments: Agenda Memo- Lead Revenue Appropriation Ordinance- Lead Revenue Appropriation P. FUTURE AGENDA ITEMS: (ITEMS 42 -54) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 42. 14-00195 Purchase agreement for traffic control radar detection systems Motion approving the purchase of four (4) traffic control radar detection systems from Twincrest Technologies, Mansfield, Texas for a total amount of$77,920. The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. Corpus Christi Page 17 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 Funds have been budgeted by the Engineering Department in FY 2013-2014. Attachments: Agenda Memo-Traffic Control Radar Detection System.pdf Price Sheet-Traffic Control Radar Detection System.pdf 43. 14-00266 Service Agreement for Maintenance of City Hall HVAC System Motion approving a service agreement with Johnson Controls Inc., Corpus Christi, Texas for maintenance of the HVAC System located at City Hall for a total amount of$274,122 of which $24,794 is required for the remainder of FY 2013-2014.The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. The term of the agreement will be sixty months. Funds are budgeted by the Facility Maintenance Services Fund in FY 2013-2014. Attachments: Agenda Memo-Service Agreement for Maintenance of City Hall HVAC System. Price Sheet-Service Agreement for Maintenance of City Hall HVAC Service.pdi Service Agreement for Maintenance of City Hall HVAC System.pdf 44. 14-00253 Authorizing submission of grant application to State for automation of police training records Resolution authorizing the submission of a grant application in the amount of$35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. Attachments: Agenda Memo-State JAG grant 03.18.2014 Resolution -Apply State Edward Byrne Grant 2014- Police 45. 14-00240 Agreement for permanent art to be located at the entrance to the Oso Bay Learning Center and Wetland Preserve Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Dixie Friend Gay for a work of permanent art created in steel and authorize disbursement of $100,000 from the Bond Fund 3292 for such purchase. Attachments: Agenda Memo-Oso Bay artist agreement Attachment-Oso Bay public art drawing Artist Agreement-Oso Bay 2014 46. 14-00246 Approval of financial advisor for phase 2 of energy projects Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014. Corpus Christi Page 18 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 Attachments: Agenda Memo- PPFCO's for Energy Projects March 18, 2014.pdf Fee Schedule- Financial Advisor.pdf 47. 14-00248 Approving financial advisor for Proposed Bond 2014 design work Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000. Attachments: Agenda Memo-Tax Notes for Bond 2014 Design March 18, 2014.pdf Fee Schedule- Financial Advisor.pdf 48. 14-00250 Reimbursement resolution for Marina "R" Pier project to allow the City to reimburse itself for costs incurred prior to receipt of bond proceeds Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt or taxable obligations to be issued by the City for authorized purposes in an amount not to exceed $2,600,000; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo- Marina Reimbursement Resolution March 18, 2014.pdf Resolution -Marina Reimbursement.pdf 49. 14-00251 Amendment No. 1 to architectural design contract for fleet maintenance heavy equipment shop roof replacement Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $34,620, for a total re-stated fee of$59,070, for Fleet Maintenance Heavy Equipment Shop Roof for the design, bid, and construction phase services. BOND ISSUE 2012 Attachments: Agenda Memo- Fleet Maintenance Heavy Equipment Shop Roof Project Budget- Fleet Maintenance Heavy Equipment Shop Roof.pdf Location Map- Fleet Maintenance Amendment No. 1 - Fleet Maintenance Heavy Equipment Shop Roof.pdf Presentation- Fleet Maintenance Heavy Equipment Shop Roof.pdf 50. 14-00252 Amendment No. 1 to architectural design contract for the museum roof replacement Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $81,450, for a total re-stated fee of$130,040, for Museum Roof Replacement for the Corpus Christi Page 19 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 design, bid, and construction phase services. BOND ISSUE 2012. Attachments: Agenda Memo- Museum Roof Replacement Project Budget- Museum Roof Replacement.pdf Location Map- Museum Roof Replacement Amendment No. 1 - Museum Roof Replacement.pdf Presentation- Museum Roof Replacement.pdf 51. 14-00255 Change order authorization for the Mary Rhodes Pipeline Phase 2 pipeline section A, B, and C and pump stations/sedimentation basin Motion authorizing the City Manager or designee to execute non routine change orders of up to 5% of the contract value, of(1) the construction contract with Garvey Companies, Inc. for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for$84,121,405, or (2) the construction contract with Oscar Renda Contracting for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for $29,167,288, if changes in plans or specifications are necessary after the performance of the contract has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, for reasons creating an urgent need for the change, including but not limited to differing site conditions, provided that (1) funding is available for that purpose; (11) the original contract price is not increased by cumulative change orders by more than 5 percent (5%) of the original contract price; (111) a report is provided to City Council as soon as possible afterward; and (IV) the Executive Director of Public Works has conducted a full review of the facts and determines, in writing, that: (a) the change is required and/or unavoidable, and (b) time is of the essence to the extent that immediate action must be taken in order(i) to avoid substantial delay damages from being incurred; or(ii) to prevent significant harm from occurring to the City's property or the City's Mary Rhodes Pipeline Phase 2 Project. Attachments: Agenda Memo- MR Pipeline Location Map- MR Pipeline 52. 14-00265 Engineering construction contract for the Bear Lane waterline replacement Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, J.V. of Corpus Christi, Texas in the amount of $2,475,922.13, for Bear Lane Waterline Replacement from Navigation Boulevard to Old Brownsville Road. Corpus Christi Page 20 Printed on 311712014 City Council Meeting Agenda-Final March 18,2014 Attachments: Agenda Memo- Bear Lane Waterline Project Budget- Bear Lane Waterline Location Map- Bear Lane Waterline Presentation- Bear Lane Waterline 53. 14-00256 Agreement to accomodate the wheeling of the Colorado River water to the Mary Rhodes pipeline Motion to authorize the City Manager or designee to execute a contract with Lavaca-Navidad River Authority (LNRA) for use of the West Delivery System for delivery of Colorado River water to the City of Corpus Christi. Attachments: Agenda Memo- LNRA WDS Upgrade Contract- LNRA WDS Upgrade .pdf 54. 14-00307 Resolution opposing wind farm development in the City's extra-territorial jurisdiction Resolution opposing wind farm development in the City's extra territorial jurisdiction Attachments: Agenda Memo-Wind Farm Development Resolution -wind turbine opposition Map-Construction Growth Trends Q. BRIEFINGS TO CITY COUNCIL: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. R. ADJOURNMENT Corpus Christi Page 21 Printed on 311712014 Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Minutes 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Minister Eddie Rodriguez, Church of Christ Minister Eddie Rodriguez gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Assistant Police Chief Mike Markle gave the invocation. 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 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 1. 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" Corpus Christi Page 1 Printed on 311312014 City Council Meeting Minutes February 25,2014 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 Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for new board and committee members. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez called for comments from the audience. Brad Newton spoke regarding the"end of life"decision and the response he has received from other families who have dealt or are dealing with this decision.Jack Gordy spoke regarding the small animal trap policy and requested that an item be placed on the Council agenda to change the policy. Johnny French spoke regarding the a letter he received from the Texas General Land Office regarding ADA access and plans for commercial development at Packery Channel and requested that an item be placed on the agenda to discuss these issues.Abel Alonzo informed the Council that as a member of the Committee for Persons with Disabilities, he went and observed the accessibility at Packery Channel and did not see any problems with accessibility. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson recognized the Parks and Recreation Department for receiving a gold medal award for Excellence in Parks Management from the Texas Recreation and Parks Society for park management,strategy and action. a. City Performance Report -Parks and Recreation City Manager Olson asked Director of Parks and Recreation Michael Morris to provide a briefing on the operation, mission,and goals of the Parks and Recreation Department. b. Other None. H. EXECUTIVE SESSION: (NONE) I. MINUTES: Corpus Christi Page 2 Printed on 311312014 City Council Meeting Minutes February 25,2014 2. Regular Council Meeting of February 18, 2014 Mayor Martinez called for approval of the minutes. Council Member Garza made a motion to approve the minutes,seconded by Council Member Magill and passed unanimously. J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: N. REGULARAGENDA: (ITEM 11) Mayor Martinez deviated from the agenda and referred to Item 11. 11. Resolution recommending routing priorities for proposed transmission line 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. Mayor Martinez deviated from the agenda and referred to Item 11. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to present a resolution authorizing intervention in the application of electric transmission in Texas for a Certificate of Convenience and Necessity(CCN) with the Public Utility Commission of Texas and hiring outside legal counsel and consulting services. Mr.Tagliabue added that the resolution also recommends the City routing priorities for the proposed 138-kilovolt electric transmission line connecting the Barney Davis Substation to Naval Base Substation servicing Naval Air Station -Corpus Christi. Mr. Tagliabue reported that staff is not recommending a specific route and the drafted resolution only establishes route perimeter that protect the City's interest. Mr.Tagliabue said that he was contacted by residents on Friday who were in opposition to the staff resolution language and Mr. David Connolly has provided a draft resolution with proposed revisions. Mr.Tagliabue also provided the Council with a table comparison of the original language of the resolution, the resident recommendations,and staff recommendations. Mayor Martinez called for comments from the audience. Cliff Schlabach spoke in opposition to any transmission line being routed through the Laguna Madre or Oso Bay area and requested that the City select a route to protect the environment.Jeff Hartang said that tourism and environmental protection need to be considered and spoke against any line being routed in the Oso Bay and Laguna Madre. Kimberly Sager spoke in opposition to the City not selecting a preferred route and expressed concern with the proposed routes going through the Glen Oak subdivision. Ms. Sager requested consideration to recommend the route on Flour Bluff Drive. Greg Smith expressed concern with Corpus Christi Page 3 Printed on 311312014 City Council Meeting Minutes February 25,2014 power lines being intrusive and affecting property values. Mr.Smith spoke in support of the resident's proposed revisions. Kay Walker provided comparisons of the impact of the Roscher Drive and Glenoak routes to the Flour Bluff Drive route and the impact to the residents in the Glen Oak subdivision. Bruce Hawn said he does not support a route through Laguna Madre, Laguna Shores or Oso Creek due to the environmental impact and encouraged the selection of the route on Flour Bluff Drive. David Connolly said the transmission lines would be unsightly and negatively impact the subdivision. Mr. Connolly supported the transmission line going down a main street to stay out of the residential neighborhood and opposing a route through Oso Bay and Laguna Madre. Mr. Connolly provided an overview of the resident's proposed revisions to the resolution. Bill Ferguson said this power source would be a backup power source and in the event of an catastrophic storm, it would make sense to have one underground line to protect the Naval Air Station and the residents.Joe Lynch said he would like a stronger stance against putting a line in the Laguna Madre. Nick Christian asked for consideration of keeping the lines out of the waterways. Joan Urban asked that there be consideration to put the lines underground. Council members discussed the following topics:staffs position on Rodd Field Road; avoiding routes on waterways; strongly recommending underground placement; preventing a route along residential;showing preference to protect the environment; the Public Utility Commission process; the purpose of the resolution; the order of the recommendations; concerns with the language"without specifying a recommended route"; use of existing arterial right-of-way whenever possible to avoid impacting residential or businesses; making the City whole;discussion of all schools if the line regarding Flour Bluff Independent School District is not deleted; removing the language"greatest extent possible" regarding environmental areas;concern with recommending underground lines on Flour Bluff Drive because of cost of service;and removing parkland on last bullet. Council Member Loeb made a motion to 1) keep the original language that the following principles and recommendations be communicated with both ETT and the PUC;2)add the word "strongly" recommend underground placement to the original language 3)use resident recommendation and add arterial road right-of-way to the greatest extent possible while avoiding impacting homes or business;4)staffs recommendation to make the City of Corpus Christi whole if...5) removing language"greatest extent possible", "parklands"and "certain", adding the word "habitat"and moving this bullet higher on list 6)deleting schools;and 7)change"prevent"to"avoid" placement of high-voltage power lines through residential, seconded by Council Member McIntyre and passed (Leal absent). Mayor Martinez called for a recess until 2:30 p.m.to allow staff to make the approved amendments to the resolution prior to the final vote. Mayor Martinez returned to the discussion on Item 11. Mr.Tagliabue presented a copy of the amended resolution with the suggested changes. Council Member McIntyre made a motion to switch the order of the fourth bullet and the last bullet,seconded by Council Member Loeb.This Resolution was passed as amended and approved with the following vote: Corpus Christi Page 4 Printed on 311312014 City Council Meeting Minutes February 25,2014 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: 030107 L. CONSENT AGENDA: (ITEMS 3 -4) 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 Absent: 1 - Council Member Leal Abstained: 0 3. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030104 4. 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 Corpus Christi Page 5 Printed on 311312014 City Council Meeting Minutes February 25,2014 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 passed on the Consent Agenda. Enactment No: 030105 M. PUBLIC HEARINGS: (ITEMS 5 -8) 5. 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. Mayor Martinez referred to Item 5. City Secretary Rebecca Huerta announced that Mayor Martinez and Council Members Magill and Scott were abstaining from the discussion and vote on this item.Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject property to allow for a mini-storage facility. Ms. Gunning stated that staff recommended denial of the rezoning to the"CG-2"General Commercial District and the Special Permit and Planning Commission recommended denial of the rezoning Corpus Christi Page 6 Printed on 311312014 City Council Meeting Minutes February 25,2014 and denial of a Special Permit as a result of a split vote. Ms. Gunning reported that the denial requires all of the City Council present to vote in favor of this rezoning to approve. Ms. Gunning stated that staff received a petition from the neighborhood with 54 residents opposing the rezoning citing concerns of encroachment into the neighborhood,crime and setting a precedence from future rezoning. Council Member Garza made a motion to open the public hearing,seconded by Council Member Loeb and passed.Alicia Soto, Rudy Medina, Dolores Silguero,Joan Veith, and Tiburcio Soto spoke in opposition to the zoning change. Bill Durrill,applicant, presented examples of other mini-storage facilities that are next to neighborhoods and a brief history about the subject property. Mr. Durrill stated that the facility will have 24 hour security with the only access off of Holly Road and will address the concerns of the neighborhood with landscaping, security, and lighting. Mr. Garza made a motion to close the public hearing,seconded by Council Member Riojas and passed. Council members spoke regarding the following topics:whether there were meetings between the developer and the neighborhood; recommending that staff schedule a meeting; leaving the property vacant could cause more issues; dealing with the zoning within 45 days;whether a current council can bind a future council on an issues;and tabling the item until March 4th during the retreat at the Holiday Inn Marina downtown to allow the neighborhood and developer to have a dialogue of the proposed rezoning. Council Member Riojas made a motion to table this item until March 4th as an agenda item,seconded by Council Member Garza and passed. Enactment No: 030109 6. Public Hearing and First Reading Ordinance -Exempting Buena Vista Addition, located on Guth Lane, north of Interstate Highway 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. Mayor Martinez referred to Item 6. Interim Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to exempt Buena Vista Addition from the required wastewater lot/acreage fees because public wastewater facilities will not be available within the next 15 years. Mr. Dimas stated that Planning Commission and staff are in favor of the waiver. Council Member McIntyre made a motion to open the public hearing,seconded by Council Member Magill and passed.There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing,seconded by Council Member Garza and passed.This Ordinance was passed on first reading and approved with the following vote: Aye: 5- Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 4- Council Member Allen, Council Member Leal, Council Member Loeb and Council Member Scott Corpus Christi Page 7 Printed on 311312014 City Council Meeting Minutes February 25,2014 Abstained: 0 7. 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. Mayor Martinez referred to Item 7. Interim Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to exempt King Estates Unit 4 Subdivision from the required wastewater lot/acreage fee because public wastewater facilities will not be available within the next 15 years. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Garza and passed.There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing,seconded by Council Member McIntyre and passed.This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 3- Council Member Allen, Council Member Leal and Council Member Scott Abstained: 0 8. 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 Mayor Martinez referred to Item 8. Executive Director of Public Works Dan Biles stated that the purpose of this item is to rename Bufferhead Drive to Bufflehead Drive and waiving the fee requirements under the street renaming process. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Magill and passed.There were no comments from the Council or the public. Council Member Magill made a motion to close the public hearing,seconded by Council Member McIntyre This Ordinance was passed on first reading 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 Corpus Christi Page 8 Printed on 311312014 City Council Meeting Minutes February 25,2014 N. REGULAR AGENDA: (ITEMS 9, 10 and 12) 9. 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. Mayor Martinez referred to Item 9. Executive Director of Public Works Dan Biles stated that the purpose of this item is to award two(2)construction contracts for the Mary Rhodes Pipeline Phase 2 and and two(2)construction management and construction observation services contracts.There were no comments from the Council or the public.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: M2014-027 10. 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 Corpus Christi Page 9 Printed on 311312014 City Council Meeting Minutes February 25,2014 expenditures by $6,500,000. Mayor Martinez referred to Item 10. Executive Director of Public Works Dan Biles stated that the purpose of this item is to amend the Capital Improvement Budget by adding the proposed Seawall Maintenance Capital Improvement Program and appropriate the funds for Fiscal Year 2014.There were no comments from the public. Council Members asked questions regarding the Salt Flats Levee System;the Science and History Museum Levee Wall and associated costs;the investigation of the Barge Dock; holding projects until after receiving the results from the FEMA maps;and the barge dock repairs. This Ordinance was passed on second 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 Enactment No: 030106 12. 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. Mayor Martinez referred to Item 12. Director of Solid Waste Operations Lawrence Mikolajczyk stated that the purpose of this item is to present the final reading of Chapter 22, Litter Ordinance. Mr. Mikolajczyk provided an overview of the changes to the ordinance since the first reading;the timeline of the metrics plan;and the phone and litter survey. Mayor Martinez called for comments from the public. Carolyn Moon said the ordinance needs to be reviewed and rewritten.John Adams said the he has heard that corporate attitude is to ban plastic bags and hopes that there is another amendment to include the full ban. Cliff Schlabach said his only concern is that the litter index sites owners will not have prior knowledge that their site has been chosen. Council Members asked questions regarding the following topics: distribution in yards without permits; dog waste bags exemption in parks;education in school districts; the ability to deputize other department employees to give citations for littering; and educating through the latchkey program. Council Member Scott made a motion to amend the ordinance to incorporate the changes as presented by staff,seconded by Council Member McIntyre and passed.This Ordinance was passed as amended on second 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 Corpus Christi Page 10 Printed on 311312014 City Council Meeting Minutes February 25,2014 Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030108 O. FIRST READING ORDINANCES: (ITEMS 13 -22) 13. 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. Mayor Martinez referred to Item 13. Police Chief Floyd Simpson stated that the purpose of this item is to accept and appropriate a grant to fund the Department of Homeland Security Grant Program Operation Stonegarden in the amount of$126,000.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 14. 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. Mayor Martinez referred to Item 14. Chief Information Officer Michael Armstrong stated that the purpose of this item is to provide funding for the Infor ERP implementation for the current fiscal year.There were no comments Corpus Christi Page 11 Printed on 311312014 City Council Meeting Minutes February 25,2014 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 15. 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. Mayor Martinez referred to Item 15.Assistant City Manager Gus Gonzalez stated that the purpose of this item is to authorize streamlining the approval process for repeat special events requesting use of City property.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 16. 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 Mayor Martinez referred to Item 16.Assistant City Manager Wes Pierson stated that the purpose of this item is to authorize a lease agreement with the Buccaneer Commission Inc.for the 2014 Buccaneer Days Festival and related activities to allow use of City property. Mayor Martinez called for comments from the public.Abel Alonzo acknowledged the Buc Commission and the City for working together to improve accessibility.There were no comments from the Council. City Secretary Rebecca Huerta stated that Council Member Allen would abstain from the vote on this item.This Ordinance was passed on first Corpus Christi Page 12 Printed on 311312014 City Council Meeting Minutes February 25,2014 reading 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: 1 - Council Member Leal Abstained: 1 - Council Member Allen 17. First Reading Ordinance -Contract amendment no. 2 for energy 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. Mayor Martinez referred to Item 17. Executive Director of Public Works Dan Biles stated that the purpose of this item is to appropriate incentives from AEP for Phase I and authorize execution of the Phase 2 services for the Energy Efficiency Conservation Retrofit for City facilities with McKinstry Essention. Mr. Biles presented the project scope, schedule and project costs and payback.There were no comments from the public. Council members asked the following questions:success claimed off saving guarantee and energy portion on Phase 1;goals of the baseline;the project scope work that can't be done by City staff or local contractors; the number of local contractors used in Phase 1; how does Phase 1 compound Phase 2;whether there is a separate guarantee for Phase 2; payback for Phase 1 and 2; lifespan of material upgrades; local participation and competitive bidding process;verification process;and researching savings for use of solar panels.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member McIntyre, Council Member Riojas and Council Member Garza Nay: 1 - Council Member Magill Absent: 1 - Council Member Leal Abstained: 0 18. First Reading Ordinance - Engineering construction contract for downtown (Chaparral) signal improvements (Bond Issue 2008) Ordinance amending the FY 2014 Capital Improvement Budget Corpus Christi Page 13 Printed on 311312014 City Council Meeting Minutes February 25,2014 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. Mayor Martinez referred to Item 18. Executive Director of Public Works Dan Biles stated that the purpose of this item is to award the construction contract with Austin Traffic Signal Construction Co., Inc.for the Downtown Street Chaparral Signal Improvements to convert Chaparral from a one-way street to a two-way street.There were no comments from the Council or the public. City Secretary Rebecca Huerta stated that Council Member Loeb would abstain from the vote on this item.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 1 - Council Member Loeb 19. 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 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) Mayor Martinez referred to Item 19. Executive Director of Public Works Dan Biles stated that the purpose of this item is to award a construction contract for the Health Department Building Parking Lot and sidewalk improvements. 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 Corpus Christi Page 14 Printed on 311312014 City Council Meeting Minutes February 25,2014 ADVANCE DESIGN IN PREPARATION OF BOND ISSUE 2014: (ITEMS 20 -22) 20. 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. Mayor Martinez referred to Item 20. Executive Director Dan Biles stated that Items 20,21,and 22 are part of the predesign for Bond 2014 and include the Gollihar Road,Southern Minerals Road and Ayers Street projects.There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Scott Abstained: 0 21. First Reading Ordinance - Engineering design contract for Southern Minerals Road from Up River to 11-1137 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 Corpus Christi Page 15 Printed on 311312014 City Council Meeting Minutes February 25,2014 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. This item was discussed under Item 20.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Scott Abstained: 0 22. 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. This item was discussed under Item 20.This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Leal and Council Member Scott Abstained: 0 P. RECESS TO THE CORPORATION MEETING: (ITEM 23) 23. Board meeting of the Corpus Christi Housing Finance Corporation. Mayor Martinez referred to Item 23. Mayor Martinez recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation. Q. RECONVENE THE CITY COUNCIL MEETING Mayor Martinez reconvened the regular Council meeting. Corpus Christi Page 16 Printed on 311312014 City Council Meeting Minutes February 25,2014 R. FUTURE AGENDA ITEMS: (ITEMS 24 -34) Mayor Martinez referred to the Future Agenda. City Manager Ron Olson stated that did not have any planned presentations. Council Member McIntyre asked questions regarding Item 32. 24. 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. This Motion was recommended to consent agenda 25. 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. This Motion was recommended to consent agenda 26. 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. This Motion was recommended to consent agenda 27. Purchase and installation of a roll-off hoist body for a reconfigured roll-off truck to be used at transfer station Motion approving the purchase and installation of one (1) roll-off hoist body from Texan Waste Equipment, Inc., Houston, Texas for a total Corpus Christi Page 17 Printed on 311312014 City Council Meeting Minutes February 25,2014 amount of$60,483. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). This Motion was recommended to consent agenda 28. 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. This Resolution was recommended to consent agenda 29. 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. This Resolution was recommended to consent agenda 30. 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. This Resolution was recommended to consent agenda 31. Aquisition of real property rights for Navigation Boulevard street improvement project from Up River Road to Leopard Street (Bond 2012) Corpus Christi Page 18 Printed on 311312014 City Council Meeting Minutes February 25,2014 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. This Resolution was recommended to consent agenda 32. 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. This Resolution was recommended to consent agenda 33. 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. This Resolution was recommended to consent agenda 34. 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. Corpus Christi Page 19 Printed on 311312014 City Council Meeting Minutes February 25,2014 This Resolution was recommended to consent agenda S. BRIEFINGS TO CITY COUNCIL: (ITEMS 35 -36) 35. Senior Center Customer Service Survey and Benchmark Study Mayor Martinez referred to Item 35. Director of Parks and Recreation Michael Morris introduced Dr. Dan Jorgensen,Assistant Professor with Texas A&M University-Corpus Christi. Dr.Jorgensen's Masters of Public Administration students conducted a customer service survey and benchmark study for the Senior Centers. Dr.Jorgensen provided information on the study including the project scope;the reason participants visit and attend senior centers; the survey findings; the responses for health and social outcomes; barriers to participation;suggestions for improvement; benchmark participants and comparable results; and conclusions and recommendations. Council members discussed the following topics: restoration of service hours or the possibility of shifting hours; KABOOM projects to help build playgrounds with seniors in mind;whether there are any major obstacles to prevent the City from being accredited by the National Institute of Senior Centers; the reasons citizens may not attend senior centers; maintenance of senior centers;and how seniors are informed of activities. 36. Corpus Christi Museum of Science & History Update Mayor Martinez referred to Item 36.Assistant City Manager Wes Pierson stated that the purpose of this item is to provide an update of the performance of the Museum of Science and History over the term of the agreement and to get direction on moving forward. Mr. Pierson provided an overview of the management agreement concept; first year financial; historical revenues; historical attendance;admission and rental rate changes;and facility improvements. Executive Director Carol Rehtmeyer provided information on the development of the education plan; additional programs and camps;and ongoing efforts and fundraising.A consensus of the Council supported the extension of the management agreement. T. ADJOURNMENT City Manager Ron Olson recommended that the special meeting for the Old Lipan Limited zoning case be held at 4:30 p.m.after the Council retreat on March 4,2014.The meeting was adjourned at 7:00 p.m. Corpus Christi Page 20 Printed on 311312014 d AGENDA MEMORANDUM oaPOwR ko 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(c_cctexas.com (361) 826-3169 Floyd Simpson, Chief of Police floydspcctexas.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 01 A A AGENDA MEMORANDUM Future Item for the City Council Meeting of February 25, 2014 Action Item for the City Council Meeting of March 18, 2014 0ONVOR 11 1852 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i kebp_cctexas.com 361-826-3169 Floyd Simpson, Chief of Police floyds&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 01 A A AGENDA MEMORANDUM Future Item for the City Council Meeting of February 25, 2014 Action Item for the City Council Meeting of March 18, 2014 0ONVOR 11 1852 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services m i kebp_cctexas.com 361-826-3169 Floyd Simpson, Chief of Police floyds&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 ko 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(c_cctexas.com (361) 826-3169 Jim Davis, Director of General Services iimd(c_cctexas.com (361) 857-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(a_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 ko 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 ko 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 ©� A AGENDA MEMORANDUM wIaaa®,KR,m 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 markwAcctexas.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 „,, err,' ,,, .,,;/r � p, ,,i1�! r rP ,,;, � ,�� / ,�r-.. % �,.� ,,, ,i ,v,.% -/,��„ ” ✓ /;' >(i��.�4 y. r"6f�';. k f %% r n/,,,01 r%�i ,( llll,r,"„/n „• � / /I� /� r//%/ ,';Irr`l, rr ,,.,, ii .,,,,, �� ! /� ,a ,,:e! /// Ar>� <' C Il rXz.,r ,.. . ,�/ ,, 1' l r, 1 ���// ,;,,//�i � Fu ,�y 111�1//..,r,wl li, ”-,,, � ( ;%i/,,,, ,� „�l�'���q'�i, '/��:!r ;,,,ro✓ PROJECT LOCATION . / r � / f w./ / I�„ / r �I4r %., ,� ;... .. vs"o"„ �„ �.'� 11 ///� rr r!i urrt/i9r11%/�' / r,...,., ,�( V r" aiic, Jl�[.�� (�%�i ✓�!)M�, ,' >o< 1 (. „,. � ,... ,��1 f$/ i�✓ira/Gir��i/l ..;:,,/ /; Jl r ��������vy� J I� '"^"u fLr,%/�/ /rh r �m r ! r 1 p D , J�G. ,,`o, r r ,,, ,, ,;,, ,; r//✓// ���,% !� I / � 1 01..1 rr„ r iv�rui„„�I ,JI ,ar '� p r 4', "(Y 1, -'� r✓//,!,;������ 1,�I�Jr S, 1/� Ir.J 1 if��A /� �� //" Wmu� r;, r, �Il/la;r uXh„� ��,p'j1�r: � ��1,1��s, 11� '. r e I �� ,1,, o/%;' i/%, l'„ r„/ �✓l� l, n W n,: � �f¢rrD, nrn�, Jri,a,nnnr, ; ,,, i w✓;,,,,,„ ��, „�/�r � ,,,; lr! ,,> �,////11111 ,��� ci� , <r� �1hY;flgAJ1P„2M llfrl;YitYlvHlNldVll/fINYU,911+177751 IJ / o,,,,, � ..Y I, e,l,, a ��� r �/� „ /r lra�mmrrlt<inlri�yllJyAw l(Nllllll /� � . „. .,. witrfiffilOPln�llfll(lXll f!I .,//i' /,i, /,o/r ,% yp ui lr ' ! 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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 RUDAT REDEVELOPMENT PLANNING AREA jj jjjjjjjjjj PROPOSED BRIDGE ALI mj 'Al 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 SC Q ' nwrawaik 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-NAVH)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"Refimded Bonds"); and WHEREAS, the City has executed contracts with the LNRA pursuant to which the City is obligated tom a payments sufficient to pay a portion of the debt service due and payable on the LNRA Bonds and the Refimded 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 OFT 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 prepayed 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 re ding 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. I Section 5. That the authority delegated to the City Manager to approve the sale of the LNRA Bonds shall expire on 92014. 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 1d' ay of March, 2014. Nelda Martinez, Mayor City of Corpus Christi, Texas ATTEST: k&c' ca-'H u, e-r-ta,'"-C,-,i t-y'-Secret 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 is 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 DEPARTMENTAL CLEARANCES: 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 I li � IIy' � �I I � i I �1 I'` � ��� �NY���i I III � � // IV Iil 'I�, h 4� 7 ', P 1 'i/ i� �� If+JY�� Y ' 'u ^,. Jar i ro%,� �//��l i J � v � � ���i, s��� ��®�� ,' ® �� `�« e ® � �' � �,- _�� ' "'� ' ��" `►�® �y" ,�„^ ^� "�Ju ����" "®®��®�� � � � �� �ury r � I� �Illu� �� +1� r T � t � � ,� `` uu� ,� �� �/ � � � �' � � �� , i ,,, � �� � ��Si���I�J� M4NfM4f�.�WGOWWNbyy �`.. �, u� % ���r �r„ , �,�„ _, �� �, �x �� r k Ai� (II Y,I �iiii �p �an�Y6// m / �VWW 'III �� �% ai � + f; � � ;,� `r � ' �Fs' r u � f ; :�����,� r., �� ��„ � m �;�- r �+�,r I, � �. ,. �� „�„ � �t n .,,,,.. u,�r' � �� �„ ,� �,h �� �o,<,, 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 V 3� 40 wip L t W Dz i7 U 3 J F, 1011 2M 6, it -7 sfl hq Z Al 2v 4 g W s 4X�l :id? 0 4 1:E ko'sot 21 2h 1. b jg I ill d 76 f- 19. EXHIBIT 1 K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS\02-25-2014\BUENA VISTA ADDITIOMSANITARY SEWER CONNECTION.DOC is 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 DEPARTMENTAL CLEARANCES: 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 6 c r T r iu I IN NEW � I SUBJECT SITE ... w Miles ®.„„„„„„ 0 0.03750.075 0.15 '9T CL. Z,' OG.ge unun F, Legend 358 W�C'��"fi., C,itl'I:Cl I;reJf FM 2444 Sa7es N Il�ummmmmmmmmmu h'Ne<` O Title: _ Printing Date:02/03/2014 W E File:K:\DevelopmentSvcs\SHARED\GIS Projects\4Miguel\King Estates Unit 4.mxd Prepared By:MSS �\ Illustrative purposes only �� City Of Coordinate System: Corpus NAD 1983 StatePlane Texas South RIPS 4205 Feet L�CQT��N �iQP Christi 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\ORDI NANCE.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 A Sanitary Sewer Connection Agreement King Estates Unit 4 Page 4 EXECUTED original,this J'o day of , 2014. DEVELOPER/OWNER: MPM Development, LP R 0. Box 331308 Corpus Christi, TX 78463 #'�'-& fit-3-7;k'l I I 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. c� 6d CINDY BUE O .i a Notary Pok, +, STATE OF TEXAS My Comm, Exp 11-04,2015 > Notary W 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 I ner STATE OF TEXAS § ` COUNTY OF NUECES § < This instrument was acknowledged before me on is , day of 2014, by Vahid Mostag si, General Partner, MPM Development, LP. -O Notary Public, State of Te s APPROVED: This day of AM� ' 2014 By: (�tw �j- gf:�p �7 Z.— - R nee Couture, P.E. D elopment Services Engineer APPROVED as to form: By: I (�j WanGrant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement King Estates Unit 4 Page 4 ...................................... It'll 04 �p N 6 !ql L N1 J� R2 it p app III II. Pill! 111a rip T V Adl N 0 plop: afi ttil!T, �v 1 A !, f Iff 94 9 Ax 0`41 ltnnil 1 M Ig Ivc, w. 11,!!, i in,Z ip v E E 1 11 A A Q E6 0 16 0 n 1 L tIh:, 0 a z 0 qq"t, n, v 9 . .......... 0"1" ............... .7 =27 Lo-(n; v d , A < iz 111� z F3 M VA- h p 4k, C N Z T. 71111MA CIL A.M.MAN Ix ... ........ 0 t t I, Ir ..............T x"a q, IP....ma. �711M t, �41 Nic r IV, islil M.. U Lj 21 6, M FTEA11 .......... NP, IV ........... .......................- .................................................................................................................................... .......... EXHIBIT 1 KMEVELOPMENTSvcstspECIAL SERVICE MAPPLICATIONS FOR LAND SUBDIVISIOMKING ESTATESi LAND DEVELOPmEN-r\2.uNrT417.FXEMPrriOtfSANITARY SEWER CONNECT1110114.1110C d AGENDA MEMORANDUM MaaP© a EO Public Hearing and First Reading for the City Council Meeting of February 25, 2014 1852 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 REQiIEST, 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. CibLEolicy: 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 of create disruption or discontinuity t o t he 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. x 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 t o t he City Council. OFFICIAL APPLICATION: 5. The Official Application shall be on a form supplied byte 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 mai I ing 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(1 0)working days of receipt of such notice with the City Secretary. 7. Within ten(1 0)working days of receipt of the Processing Fee,the Traffic Engineerwill 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 oft e 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 Councils all 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. 1 3. 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. Corpus r Engineering STREET RENAMING Bufferhead Drive to Bufflehead Drive City Council Presentation February 25, 2014 PROJECT SCOPE Corpus Christi 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 Christi Engineering IOCUCiOiF RD EDER OR N s[i.E u.rs. SOLCEILWE NOMR30QSE DR 3 BUFFLEHEAD DUCK Corpus Chr sti Engineering 4 d AGENDA MEMORANDUM First Reading rdinance for the City Council Meeting of February 25 2014 9 Y 9 Y 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 floydspcctexas.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 E T A 2012 Grant Adjustment Notice S for Nueces County Date of Award November 22,2013 1.Sub-Recipient Name and Address 2.Prepared by: Gabbart,Steven 3.Award Number: 12-GA 48355-03 4. Federal Grant Formation Judge Samuel L. Neal,Jr. Federal Grant Title: Homeland Security Grant Program Nueces County Federal Grant Award Number: EMW-2012-SS-00019-SO1 901 Leopard Street, Room 303 Date Federal Grant Awarded to TxDPS: September 1,2012 Corpus Christi,TX 78401 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate S. Award Amount and Grant Breakdowns OPSG Award Amount Grant Period: (Federal) CFDA: 97.067 FROM: TO: Sep 1, 2012 Feb 28, 2014 $263,080.51 (The SAA Must receive all nvo ces by the en grant NOTE:Match requirement details can be found In the period) federal guidance for the grant named in Box 4 above. 6.Statutory Authority for Grant:This project is supported under the Department of Homeland Security Appropriations Act of 2010 (Public Law 111-83). 7.Method of Payment: Primary method is reimbursement. S.Debarment/Suspension Certification.The Sub-Recipient certifies that the sub-recipient and its contractors/vendors are not debarred,suspended,proposed for debarment,en_US declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http!//www.epis.gov.2.8.9029.0 9. Agency Approval Approving TxDPS Official: Signature of TxDPS Official: Machelle Pharr, Deputy Assistant Director State Administrative Agency .►4 Texas Department of Public Safety 10. Sub-Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub-Redpient official! Signature of Sub-Recipient official: Judge Samuel L. Neal, Jr. 1 .' 4'�?/ 11.Enter Employer Identification Number(EIN)/Federal Tax Identification Number. 12.Date Signed: 74-6000585 12/3/2013 13.DUE DATE: tp Signed award and Direct Deposit Form(if applicable)must be returned to TxDPS on or before the above due data John Houston From: Cynthia Martinez <cynthia.martinez @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 4"'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 3"d 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 Period 2 Approved OT/Fringe $ 21,988.25 Mileage $ 3,644.25 Tactical Period 3 Approved � .... .µ ms OT/Fringe $ 21,988.25~ ('C Mileage $ 3,644.25 Tactical Period 1 Approved OT/Fringe $ 21,988.25 Mileage $ 3,644.25 1 F Inspection ection Kit w/camera $15,998.00 1 Buster K91 0B Contraband Detector Kit $7,472.00 Tactical Period 4 Approved/Pending Signature OT/Fringe $ 21,988.2 Mileage $ 3,644.25 " Total Grant $ 126,000.00 Thank you Cynthia Prom: John Houston mailto:JohnHo cctexas.com] Sent: Monday, February 03, 2014 10:36 AM To: Cynthia Martinez Subject: RE: OPSG 2012-3rd Tactical Period p Texas Department of Public Safety E �--"-� m `°' 2012 Sub-Recipient Award for S ►mie Nueces County 1.Garters{AsM�1ri!Irrformation Reference/Encumbrance Ho; Date of Award:August 13,2013 Prepared By:Mendez,Arturo 3.SAA Award Number: 12-SR 48355-61 4.5ub-Reciplent Marro and AEdrass S.Federal Grant Irlfomuttiar{; Federal Grant Title: Hombeland Security Grant Program(HSGP) Operation Stonegarden(OPSG) Judge Samuel L. Neal,,Jr. Federal Grant Award Humber- 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.)mount aad Grant Breakdowns Grant Period: OPSG From: To: n Sep 1,2012 Feb 2B,2014 $129,977.90 (The SAA must rmteive ail Invoices by the end of grant penod) 7.Statutory Authority for Grant:The Consolidated Appropriations Act 2012,Division D(Public Law 112-74),and the Homeland Security Act of 2002 (Public Law 107-296), as amended by section 101 of the Implementing Recommendations of the 9/11 Commission Act of 2007(Public Law 110-53). B.Method of Payment:Primary method is reimbursement. 9.Debarment/Suspension Ceirtifir-aticn:The Sub-Recipient certlifles that the sub-recipient and its contractors/vendors are not debarred,suspended,proposed for debarment, declared lneliglible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https://www.sam.gov/portal/pubillic/SAM/ 16 Agency,Approvals , Approving TxDPS official: Signature of TxDPS official: Machelle Pharr Deputy Assistant Director I r� Texas Homeland Security ar�C State Administrative Agency Texas Department of Public Safety ii,`Sub-Recipient Acceptance , 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 Authorized Sub-Recipient Official: Signature of Sub-Recipient official: Samuel L. Neal„ Jr. Nueces County Judge Enter Employer Identification Number(EIN)or DUNS Number. Date Signed Federal Tax Identification Number. 74-6000585 078495025 DUE DATE: September 27,,:2013 Signed Award with Terms and Conditions must be returned to SAA_SRA*dps.texas.gov on or before the due date- ------------------------------ OPSG Operations Order Worksheet Date Received from die Field: 071 02/13 Date the Operations Order was Worked by OBP Ops: 07/02113 Operations Order Number: 13-MCAMCA-06-003 Version 0 Operation start date- 0610312013 County: Nueces Grant Year: 2012 State: Texas Sector: Rio Grande Valley FY Award $0.00 AmounMalance: Does t1Ye OpOrder 01' Request Exceed 50% Yes of die award? (Letter is needed if'OT is over Overtime: $114,215,32 50%because of Price Act): Fringe: 15.32 Equipment SOM Z'Justification Letter Attached?: Yes Fuel: $0,00 Vehicle Justification I&tter?: N/A Mai ntmence: $000 Milelage: $15,762,58 Travel: $000 Date Fonvarded to SPPA: 713/2013 Co t%, M&A: Lrf- Total $129,977.90 NOTES: 0 Reviewed by: Kevon Ops EastlCe 01). approved by: W 4 N,Sbsar(A)Associate Chief STC,C)ps Eas&Centrej Order Ibr 13-MCAMCA-0&003 V 0 2nd Tacfiml Period Kicked Back?: NIA Date of Kick Back: NIA Reason for Kick Back: NIA Date Returned from the Field: NIA Mcked Back a Second Tiriie?- 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 Sheriffs Office Mileage 11,363.64 mines $6,250.00 Nueces County Constable Pct„ 3 Mileage 3„636,36 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: General Cost $15,762.58 T Cosk $114,215.32 Total Cost $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: 4.3. OF Prc Texas Department of Public Safety E '%X A 8 2012 Grant Adjustment Notice for Nueces County Date of Award January 13,2014 1.Sub-Recipient Name and Address 2.Prepared by: ra„Pete H„ 3.Award Number. 12-GA 48355-04 4• Federal Grant Information Judge Samuel L.Neal,Jr. Federal Grant Title: Homeland Security Grant Program NUeces County Federal Grant Award Number. EMW-2012-SS-00018-S01 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 OPSG Award Amount Grant Period: (Federal) CFDA: 97.067 =, 2012 TO: $460,548.01 Feb 28, 2014 (The AA us race ve NOTL•Match requirement details can be found In W a Invoices by e en 3T-grant e period} federal guidance for the grant named in Box 4 above. 6.Statutory Authority for Grant:This project is supported under the Department of Homeland Security Appropriations Act of 2010 (Public Law 111-83). 7.Method of Payment: Primary method is reimbursement. S.Debarment/Suspensian Certification:The Sub-Recipient certifies that the sub-recipient and Its contractors/vendors are not debarred,suspended,proposed for debarment,en_US declared Ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http://www.epis.gov.2.8.9029.0 9. Agency Approval Approving TxDPS Official: Signature of TxDPS Official: Machelle Pharr, Deputy Assistant Director r State Administrative Agency Texas Department of Public Safety 10. Sub-Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub-Recipient official: Signature of Sub-Recipient Official: Samuel L. Neal, Jr. Nueces County Judge 11.Enter Employer Identification Number(EIN)/Federal Tax Identification Number: 12.Da Sign 74-6000585 , 13.DUE DATE: rams= i==• Signed award and Direct Deposit Form(if applicable)must be returned to TxpPS on or before the above due date. John Houston From: Cynthia Martinez <cynthia.martinez @co.nueces.tx.us> Sent: Wednesday, January 08, 2014 9:57 AM To: Cynthia Martinez; Beatriz Charo; Isabel Chapa; Edward F. Day, II; Frank Flores III; Chief Deputy Gilbert V. Garza; cdick @ robstown-pd.us;jwilson @Robstown-pd.us; Margarita R. Gonzalez; Felicita Montoya; Anthony Sanders; John Houston; Jesse Garcia; Diane Amesquita Cc: GEORGE.A.TORRES @cbp.dhs.gov; Sheriff Jim Kaelin; 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 SAA and we are awaiting on that approval as the 2012 grant is scheduled to close on 02/28/2014. "Please note that the 1n 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 would 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 Benefits: NCSO 1098.75 hrs $45,475.00 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 Benefits: TOTAL ALL AGENCY'S $113,945.32 Management and Administration: NCSO 115.63 hrs $2,775.00 1 Management and Administration: TOTAL ALL AGENCY'S $2,775.00 Special Equipment: Special Equipment: TOTAL ALL AGENCY'S $0.00 Vehicle Maintenance 0.00 Total Maintenance TOTAL ALL AGENCY'S $0.00 Fuel Cost: NCSO $6,250.00 Constable Pct 3 $2,619.71 Constable Pct 5 $2,779.75 Driscoll PD $1,088.58 Corpus Christi PD $3,644.25 Total Fuel Cost TOTAL ALL AGENCY'S $15,762.58 TOTAL $133,102.60 A W&%" Office Manager Nueces° County STer!f s office got feoyardSt., Suite _-o2o COryL15 Christi, ?X 78401 TeC (361) 887,2225 F-AX(361) 887-Z�o6 -Nad Cynthia.Nartineze' co.nueces.tx.tis u uu�ii a uuinualllu'ly dNoifi e vii foruuu iiu uu n�oii.ui iiarn d�u tNs uii4Q iiiiuudui 'iri ii �°Quuiuup�i . .�.. ue�eo� Ilu�e auM�ii'�iiillliti ii ,l II u�p�w�ii �. @uaidto" oz, iu Q Q Qur y un n11 iie eu°eeuJll is u�ui .un ,e oiifl � foiii ill:u•�; iu:s ei � u .cir � Q u�un�eunee�„il � � �Jln�e nn: die�u� ��nelll e��eo°'n�u a ii� eu�iae� �nu°n�u�au� ��rQ Il.n ti��u� �Qn�ti u�n���e �� � �„ to e�rlllnoi''e iii u mm �o' i IIiiave nee��ived UIhns coiinuiiiu H1u 11i 40111 iuu iu�` iu, p�Iie uric iify U'ii e: Gieir 9b rigp)�ying t , Hle eeii�lll �.���gr euu ���^��!. III message n uu�i uuuuune is e'lly n°etUri: Ull'e en°ueiidll Mrtadlh i'�eeuriie„ euiod arty airid eHll cell'::lies l U�:e ndeu. HIf you wie nott iie unfte deri ire .nllnueiiit of flds eIV'i"a0 euud :ii eeeved ii Baru eriio r lease If,de advise d tIluei )(101 uru 'n ay be eaj i tic, eiiiv iiilll II elf:eQQuty feu°'��'jV use of II!,�nn°i�v llle�ged mule° eu!ifii e:�:rQ'a� iin�ieurrria uie�u°: loumQ� ourneli 2 z AGENDA MEMORANDUM OR RN, 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 06, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Chief Information Officer M ichaelARP_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 Us _ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 25, 2014 xg 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 Us 0 - AGENDA MEMORANDUM 4N First Reading Ordinance for the City Council Meeting of February 25, 2014 xg 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 TANCAHUA #R „ .�: .. y ������\�� Exhibit A-1 Corp Christi Museum of Science & History 35 American Bank " r f,0s3 1\1_ \Nater St. o CenterEs a 0 N. Port Ave. 3 0 0 - el el N• Chararral St. N u'> Mesquite St. N 5 O ) 1,1LL Peoples St. T -Head . Shoreline Blvd._,. �► pea r �" s g c nD c N. Water "t. \ horep cit H c7> in ii co e Btvd C U) N. Chaparral St. °' �• ° F water Q `� sr. a -o o ca 00 c%5"N J m 0 N. Mesquite St. i Q) iii ro o c U Lower Broadway N. Upper Broadway 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. a 0 2 ti 00 5 0 Qa O � m J '4-- Ocean Dr. 0 Or Dr. McCaughan Park S. Shoreline Blvd d T 6 as co -o 'Q S. Water St. 'a as . c 2 m m E a B LL 4v *04 1-* sss` 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! Let's Go Places Qv aay (ah Antelope St. Rose St. -o 3 j a Mestina St. �J. tp Antelope St. Mestina St. 0 cn Corpus 35 Christi Museum of Selene & Hislo American Bank Center ouges St. �'IEXII-i) 1 n ResacaSt. w Fitzgerald St. w Nrt N Palo Alto St. 3511, '/dx3 UMOISSOIO c m Mestina St. Z w (nD t4 � cn cn cn '1$ enyeouel •N 78 enyeoueJep .N N power St. Belden St. Mann St. Twigg St. z z O Taylor St. c om w m E ° Star t m m m Peoples St. CaWreryce St. z Willia . ° hn SarSt tain St. m� m o a m o C °ppors A/fey St `a IT I eVSt Born St. Broadway Ct. park Ave. m m m O o O r m McCaughan 0 Park Peoples St. T -Head t O O Lawrence SG T Head coop r Head ffey 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 �v Ga 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. r S NAYS9 1 r/ I/ i C / �� ;, f �///�,� lid `Y"`r�ir� %ri fC 1 JlWynrr � ( N� r //r r0i /ii/ ✓ �rr(r"' , r, )'I,fir ✓ �llp wl I / fi 1 it r/ Fr/i :> % I Ern r//r)r„ Vii, ��i, 7p% 0 ��II / ra0�w�fff G / Ij j r z r ri ��+a a lr 1„�i/r it a � ' TZG G L D PRC� IECT LC)CATIC) r�/ °;< dal�Or li frl% «mlolulNl VVIIVIVIVrDr ➢III �- , «„ �� " W7, NT 1411r "r,, r i!1`64�iV➢Jl,. r ;, �!7[P �r� f„ «,,: l�% , �I �!!n N i y�f1 JJ „iu hII�IJIioumaf Ifl u / / / r Ir � r rl � r r k �9r�l � p °'%'iO�ifN;, �f��r�//r�� 2 i r= ���r/jr �f�'. « l l�r�rj� / �pggy Nf,/� �ryi��� %���% r➢ �Gaf�iBUOi p I{ /„rr; dt!Mw�” '?'� / /, %%" ' ItP>! / �dl «fin,. ✓ i �/ 'III r ,,«, /1Y,"NrfJi:. I rfi r� n?J " OY 1 �u p.V tl a �o V 111) , `- FIJI � r�1 {` ii /l /� DlIr '41 r, „//F i���i 4� r f / '^Jr // yluNU Mfr 'M'f'�10uIMVffIIN, `b (nlDrrre r�NP r�� l �,, "" ;r��'y �, „I,,, ,r�/i� I�/j���� r Iri�h�n/r�0<„ ' �r Y� �`i'✓' ��� �r/r,j rr �/ Nw4 l re�i� I /ir,,,, rrr r '��a % %� ;�/i/�i�rd�i«` rl kph ✓ � ��J � � %"�'i f" /, 9` 4 1r )' r r / ,l/ J ��" /;; i r l r ✓ �f „1 !%,n fQ; fr /� r'%"r"�X>Is 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 Corpus Chr sti Engineering Downtown Streets (Chaparral) Signal Improvements (Bond 2008) Council Presentation February 25, 2014 City of Corpus Christi along Your City Great. Bond 2008 Project Scope Corpus Chr sti Engineering 2 Project Schedule Corpus Chr stiff Engineering 2013 2014 MAY JUN JUL AUG SEP OCT NOV DEC JAN Bid Phase/Award FEB MAR APR MAY JUN JUL Project Estimate: 150 Calendar Days N 5 Months Projected Schedule reflects City Council award in March 2014 with anticipated construction completion in July 2014. 3 Project Budget Corpus Chr stiff Engineering FUNDS AVAILABLE: Bond2004..................................................................... Total FUNDS REQUIRED: Construction: (Reytec Construction Co.)"" ................................ Construction: (Austin Traffic Signals) Contingencies(10%)................................................. Engineering and Architect Fees: Consultant (Gignac Architects) * ............................................. Consultant (HDR Engineering)**.......................................... Geotechnical Testing (Rock Engineering)................................. Construction Materials Testing (Rock Engineering)..................... Reimbursements: TOTAL ESTIMATED PROJECT BUDGET BALANCE * 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. $5,080,277.20 407,179.71 770,242.35 418,450.00 918,235.50 $7,594,384.76 $4,819,070.00 918,235.50 573,730.55 757,833.00 244,250.00 7,125.00 7,125.00 36,164.71 31,523.00 199, 328.00 $7,594,384.76 $0.00 City of Corpus Chu ung Your City Great Bond 1008 4 Se Ak o 0ONVOR 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 KOO, IYX Y g k, pl� PROJECT LOCATI p ""0 /Tw' ' X 481 YvIl"�34 07 LOCATION MAP- NOT TO SCALE PROJECT#E12125 CITY COUNCIL EXHIBIT HEA L TH DEPA R TMEN T CITY OF CORPUS CHRISTI, TEXAS BUILDING PARKING LOT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Health Department Building Parking Lot Corpus Chr sti Engineering Council Presentation February 25, 2014 Project Scope Corpus Christi Engineering 2 Project Schedule Corpus Christi Engineering 3 Project Budget Corpus Christi Engineering 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 60.000.00 TOTAL $584,177.54 ESTIMATED PROJECT BUDGET BALANCE $15,822.46 4 Jffi AGENDA MEMORANDUM CORPORR1 0 First Reading for the City Council Meeting of February 25, 2014 x851 Second Reading for the City Council Meeting of March 18, 2014 DATE: February 7, 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 (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 $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\IORGEC2\IORGEC\MISC\EXHIBITS\EXHE1308S E13089\EXHE1308S E13089 r r t A' ,"„rt. a vr.. 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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 nu a L III a ,q w 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 Inc. '� dry � � PJ� 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 Gollihar from Weber to Carroll Pro'ect No. E7 3088 BOND ISSUE 2014 De artment Fund No. Fund Name Amount Street 550950-3550-00000-E13088 Streets 2013 TNN Bond 2014 Desi n $323,449.30 Wastewater 550950-451000000-E13088 Wastewater Capital Reserves $40„488.50 Storm Water m550950-3494-00000-E13088 Storm Water 2012A CIP Fd Rv Bd $600,384.20 Water 550950-4479-00000-E13088 Water 20106 REV Txbl BAB m$32,390.80 Gas 550950-4551-00000-E13088 Gas 09 CIP Fund rev bd 08G0 $82097.70 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 Ca ital 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 mmmmmmmmmmmWater 2010B REV Txbl BAB $32,390.80 Gas 550950-4551.00000-E13089 Gas 09 CIP Fund rev bd 08GO $8,097.70 Subtotal $1,004,810.50 mmmmmmmmm 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 Date Activit ........... ­1...... ................I.,.,.,.............................-.1.1.......................................I.,.,.,......................................I.,.,.,.,.,.,.,.,.,................. .., I...........Y........................................................................................................................................... anuary 27, 2014 City-Provided Traffic Impact Assessment . ........................................................­................................................................................­­.................................................................................................................................................................- Be m rn i n..ary Phase 9P99 T!;q.!PL0Y!�T It March 2014 ........ ..... ___) ....................................................... Submit Draft ELR 3 Months after receipt of NTP (= End May 201.!q CiReview....-­.� ......­­­.............................................................1..............Month-.. .-....................................................................... ...................... ........................................I...............................I.I.I.�..................I—-..........I................................................................................................. Submit Final ELR 1 Month after receipt of Draft ELR comments from City(= end July 2014) ................... ......................­­............ ....................................................................................... Submit 60% Design 2p onths after receipt of NTP from City (= Mid August .............. ...................................................................................................................... 4 L...................................................................................................................................................................................................................................................................................................................................................................... _q&..Review 6 Weeks ..............................................................................................................._­................................................. ........................................................................................._­................._­­­................. Submit 100% Design 2 Months after receipt of 60%comments from City(m End November 201 ....................1-1.„,,,mm.....................,,,,,,..1111 .....................................................­...,.............................................................................. Review 1 Month .................................................................................................................................................................................................................................................................................................................................................................................................................................. Submit Sealed Plans & Docs 3 Weeks after receipt of comments from City (- End ............................................................................................................................................................................... Janua 2015 ...............­..................................................................................................................................................................................................................................................................................................... Advertise for Bids 2 Weeks after Sealed Submittal .... ­­­.............................. .............................................................................­.­­'­­........................ ................................................................................................................................J Pre-Bid Conference 2 Weeks after Advertisement .............I.I.-................................................................................................................................................. .................................................................................................................... .................................................................................... Receive Bids 4 Weeks after Advertisement ................................................................................................................_............... ............................ Contract Award 4 Weeks after receipt of Bids ................................................................................................................................................................................................................................................................... ...................................... ..............................---- !;;qn�truction 4 Weeks after Award of Contract May 2015) ................. .............­...­................................................................................................................................ Complete Construction Approximately 18 Months after Begin Construction October 2016) 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 Gerstion LAA-3-,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. FeF seFyises pFevided OR SeGtien I.A.4, the statement will be based Upen the per-Gent Gf Ggn;pletien of the renstmofien 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 500,000/500,000/500,000 EXHIBIT"B" KlEnghaerhg WEx&ate 101y Fael 5-Barge DoakftlieSOMW Samkes ConimemukAGE AEe*nwr8 a0. 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 oaeklarorn nk Waal Seres imeNLARGE H1Brr B 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 KIEn®i rq�0 aEx bra I PaeAi B WPrW canal Services nirasWARGE A XHISFT 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 employee that is distinguishable from the effect that the action will have on members o the public i nera 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, re unless the interest of the City official or employee in the matter is appant.Se disclosure shall also be made in a signed writing riled 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 knowinply withheld disclosure of any information requested; and that supplemental statements will be prompt y% submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: Patrick D.Vetet APE. - A Title: President (T)pe or Print) Signature of Certifying Date: 01-18-13 Person: 1JW_ 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 beneff'. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi,Texas either on a full or part- time basis,but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial,and whether established to produce or deal with a product or service, including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a finn. 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 to 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 Christi Engineering 2 Project Schedule Corpus Christi 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 Bid 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 Christi 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 c 0 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\IORGEC2\IORGEC\MISC\EXHIBITS\EXHE13095\EXHE13095 / fffjjj r ;:. II �ail�I 1 7 n 1 ��� r�rrrlrrlJrM�ItY , �) i' li 1f l4 lliiia �y f� fl��Ni911ti�(1, 1lar r a r>� �, l�W� ��i l ,,,;;,,e, ,�,� ,�-�"rrr �„ � � ,✓ <,�� � 1,.,,.. /, 1'c, _ ,. r / . �,/ I ,,,�J///,111,//r/�7 l�l�If, /r . , ✓ � � ., /i�/,,,, �'il��JYY(/,/ rA ✓ � 1. r _ / �.r � � ! ! , d J/�Nlrl� '%X{J " %iN(�7N1��IIC�I @J�/lN' /,✓ ./� r a�, a I/ , Clrl�l� �i � TT'�1VNWB�%aT�SNUNN,f01 f, r,,,,/AI//r� ,�''r, 1�„1�`��k"�Y INr� rS�nc �IVI,�/aN(rl���ii1M1 , l� I��✓,fi,,; ��1 ,,;, �fi / ,,a� /1�,���� � , pJ //�„�J"P� � '>rs�l�i �IIIIIIIIIIIII 1111 IiWY�� ���� �i1t/" .,., r"„; ,,„, , r � r/ 9.>, r !,� ,,, rNl�I� °JNIV°q✓quv�ui�YNArI (u�VG N�'jrr ir! ”I /rrc u ,✓ / ' /���/ � c.,,.„ .r( �, ,.,,..,, gar/i rh ! h.r,. J �... %//i�lYi1N,;,rrj, x//pii%%%I r," r Gti/ �:f) !Jl / % � ��. ���f /i,, // /%,, I rlllf�, u'>UJ7r "m(O�rcr✓�r,Jl, (9�� 11/f // 1///,1,�rrd�i, / I h/,uJ r% I�/r/�U PROJECT LOCATION airc„r, „a �ll(lr r�, /..%/%!4//',,,/,; '. 1I11J11111, (�(T( ”" � '%a; ,�"" „��Y� ,uy 1 JU1,1 'rn 1 r fl1Nr "sip �r % 1 f��? r, , !/ ,, � 1� Ii% I,, � 11101, a ' Her Ilwga r 1' r{{ �I I U `a, ,r lii I `; ✓✓'/%i �%I/iir,r„, /of r i, �� /�� /i rl!! I � 1 ' I �,,, / �, iDb r � / fJ ,/� ✓,, / I r � � t, SIYr r rri,rY �" r ,,, . 40uJa({au�ytllB�tlNAI6Narc ll�j�11 Niill,r r l / I r r � / INIImB�WRSI6 Y ;, / / / I / r , `l11 I , _V ! ! � r ! ar II I I „ r .1 _L. r, r, y , ,I I � , r / J / rllll , „ a„ / a I J . / f I » nl, �.1 I I II r r I JJ/ r rr Ir 1 /r 1 , / rc r rr . . r I „{1 rll f J. / r / 1 , / r , / s LOCATION MAP NOT TO SCALE PROJECT#E13095 SOUTHERN MINERALS CITY COUNCIL EXHIBIT CITY OF CHRISTI, TEXAS FROM UP RIVER TO IH 37 DEPARTMENT OF CORPUS 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 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 LNV, I el 10 Mask..Van 'Vleck, P. E., Date Pres�d.1-6� esker, P. ., Date Interim Assistant City Manager 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 CONTRACT 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 550950-451 0-00000-El 3095 70,795.79 Storm 'Water 550950-3494-00000-E130,95 151,145.75 Water 550950-4088-00000-E130,95 65,349.96 Total $604,675.00, Encumbrance Contract for Engineering(A✓E)Services Page 3 of 3 K%ENGINEERING DATAABXCHANGE4ANGIEM6STREE RE13095 SOUTHERN MINERALS FROM UP RIVER TO IH 37 BOND ISSUE 2014\CONTRACT PROFESSIONAL SERVICES DOC 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% SOPPI-11"A NUMBER 11)13t s1�SICiP»tdlD 65="`r'^ PURCHASING DIVISION o City or CITY OF CORKS CHRIST[ Corpus. DISCLOSURE '.F INTEREST Christi City, of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to �rovide the following information. "very, uestion Dust be answered. If the question is not a r(Dlicable, answer with "NA". Seer reverse side for filing Requirements, Certifications and definitions.. CC)PVIPANY NAME: LN'V, INC. P.C). IIC)X: N/A CORPUS 7408 STREET,ADDRESS: Sill NAVIGATION,SUITE 300 CITY: CHRISTI ZIP: FIRM IS; 1. Corporation � ?. Partnership Sole Owner Fj 4. Association Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this pa"e or attach separate sheet. 1. State the names of each `*employee"' of the City of Corpus C Drlsti having an "ownership interest"constituting 3°tai or more of the ownerships in the above named "Firm.' blame Job Title and City 4� - - Department(if known) `. hate the names of each "of"ficial"of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title 3. State the names of each -board member" of the City of Corpus Christi having an '*ownership interest"constituting 3% or more of the ownership in the above named '*firm." Name Board, Commission or Committee. 4. State the natrtes of each employee or officer of a `'consultant" for the City of Corpus Christi who worked on ally matter related to t1De suNect of this contract and has an `ownership interest"cons "toting,3%or more of the ownership in the above named"firm." Name Consultant FILING REQUIREMENTS If person who requests official action on a matter knows that the requested action will confer an economic benefit on any City,official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City off°icial,employ�ee 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. °thics{ordinance Section 2-3)49 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,.Texas as changes occur. Certifying Person: DAN S. LEYE,NDE Ell,P.E, Title: PRESIDENT' (Type or Print) Signature of Certifying f1P Date; 13114 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. " rnployee." Any person employed by the City of Corpus Christi,Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm.", Any entity operated for economic gain, whether professional.„ industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership,corporation,joint stock company,joint venture, receivership or trust„ and entities which for purposes of taxation are treated as non-profit organizations. c. "Official." The Mayor, members of the City Council, City Manager-, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f: *'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. Corpus Chrsti Engineering Southern Minerals Road from Up River to IH 37 Council Presentation February 25, 2014 Project Scope Corpus Chbs| Engineering 7 „�y/: : . § «��_w: _�� via ?<z.• : «=<7 PROJECT LOCATION 2 Project Schedule Corpus Christi Engineering 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 Christi Engineering PROJECT FUNDS AVAILABLE: Street - Tax Notes $ 317,383.50 Wastewater CIP 70,795.79 Storm Water CIP 151 ,145.75 Water CIP 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 c 0 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 �PG„ «,r w: t //i/ �/// rrru»"+' v!➢ !✓, :: rr r r r ,,,,/. r E "O id/, J�//// ✓'f <r /i/ %/// r jf//a/ ,n„Ez ms” r s i%i ✓/r/ IU k (I ��I lr �".., r�/I f �u �" ...a �ZS� 4��"m %j �✓ � / l v , ry 01, p/ r r r Al ✓IL;, r f'mi vv „"""",.. "i�rxnq;,,, (�1�f fr �.: `'� ,", % FcN / A,tiy y�Ir ,� /%„!1✓, `l w;;Wl'; /,” /��� <;d „lr,,,. nx`'/,r, n a,'r/ii %// 7''�;,'ul% 0�✓q r�i/,%/,,' % -?�%; ; /`/. 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I p- r „- rr, �1 ,","V ' J�� , ,Y" ,� I'� r a / )Illy, ✓¢Jf �,YVhu�j :r as, d �1z v E'�rur //%/ ��/ q! .,"/..�„ r//Op r,/f✓a 'r, "^"E16 'k.'; ;, a O "� „�' m� �i%>rr ,, r ,�i ' ,,,a� "ai° d ,'^Y %, �, � In!�r„r nr,�r,///,, ,;yr ,i�J”/ie� LOCATION MAP NOT TO SCALE PROJECT#E13091 CITY COUNCIL EXHIBIT A YERS STREET CITY OF CORPUS CHRISTI, TEXAS ALAMEDA DRIVE TO OCEAN DRIVE DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Corpus Chrsti Engineering Ayers Street from Ocean to Alameda Council Presentation February 25, 2014 Project Scope Corpus Chr sti Engineering 2 Project Schedule Corpus Christi Engineering 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 Christi 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 i 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 Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Blvd, Suite 1600N, Corpus Christi, Nueces County,Texas 78401, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT Avers Street from Ocean to Alameda (Project No. E13092) BOND 2014— 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 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 KIENGINEERING DATAEXCHANGEWNGIEM%STREE RE13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141CONTRACT PROFESSIONAL SERVICES.DOC 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit «B» 5. FEE The City will pay the A/E a fee, as described in Exhibit"A", for providing services authorized, a total fee not to exceed$811,935.00, (Eight Hundred Eleven Thousand Nine Hundred Thirty 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 DATAEXCHANGEVWGIEM%STREE RE13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20WCONTRACT PROFESSIONAL SERVICES.DOC 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. I , AND NICHOLS, INC. CITY OF CORPUS CHRISTI REEL Mark Van Vleck, P. E., D"ate To n zman, P. E., Date Interim Assistant City Manager Principal of Public Works and Utilities 800 N. Shoreline Blvd, Suite 160ON Corpus Christi, TX 78401 (361) 561-6500 Office RECOMMENDED (361) 561-6501 Fax Daniel Biles, P. E., Date ENTERED Executive Director of Public Works JAN 2 9 2014 CONTRACT MANAGERS Operatingi Department Date APPROVED Office of Management Date and Budget ATTEST City Secretary Department_ Fund Source No. Amount Street 550950-3550-00000-El 3092 $473,005.50 4. Wastewater 550950-4510-00000-E13092 97,120.07 Storm Water 550950-3494-00000-E13092 163,384.75 Water 550950-4479-00000-E13092 78,42 Total $811,935,00 Encumbrance Contract for Engineering(A/E)Services Page 3 of 3 KIENGINEERING DATAEXCHANGE+ANGNEMI STREE1)E13092 AYERS FROM OCEAN TO Al AMEDA BOND ISSUE 2014=NTRACT PROFESSIONAL SERVICES,DOC i EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS AYERS STREET—OCEAN DRIVE TO ALAMEDA STREET PROJECT NO. E13092 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. EXHIBIT"A" Page 1 of 13 Revised November 26,2013 K1Engmeering DataEx&auVo1ANGIEM%STREE RE13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 2014XEXHIBIT A template 112613 -Ayers 2014 Bond.docx 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: 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. „ and affeGt. 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 (TAC). 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. (A/E to coordinate with City Operating Department) EXHIBIT"A" Page 2 of 13 Revised November 26,2013 K%Engine�DataExchangeXANG1EMISTREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXHIBIT A template 112613 -Ayers 2014 Bond.docx 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 proyided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved EI-R. 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, 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 meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Preyide one (1) set of the pm-finall pIaRs and bed delauments 0 submittal - exe p�n� h) HO'd PFeje6 QQ9A mtfiew meeting. PF•epaFe meeting agcRda and rliAt4h, 4n meeting Meetings to -Aft-ACEIP-P-6 WithiR fiVe WGFk*ng days of the Meeting. EXHIBIT"A" Page 3 of 13 Revised November 26,2013 K%Engineering DataExchangoWNG IEM%STREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXHIBIT A template 112613-Ayers 2014 Bond.docx 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-size 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 (QA/QC) 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 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. EXHIBIT"A" Page 4 of 13 Revised November 26,2013 KtEngineering DatsExchang e%NGIEMISTREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXHIBIT A template 112613-Ayers 2014 Bond.docx 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. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. C) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) 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, 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 EXHIBIT"A" Page 5 of 13 Revised November 26,2013 K1Ergineerirg DataExdvuVo%ANGIEMISTREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 2014XEXKIBIT A template 112613 -Ayers 2014 Bond.Aocx provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 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: it the-area b. TxDOT utility and environmental permits, multiple use agreements G. Wetlands Delineation aR d ReFm*t e. NPDES Permit/Amendments (including SSC, NOI NOT) 'U.S. Ash and Wildlife SeFyiGe (W8PAfS) j. U.S. Army Corps of Engineers (USACE) k. United States FinyiFGRmen}al PrA+el3tlnn Agency ( 8F=PA) I. Texas Department of Licensing and Regulation (TDLR ) 2. Topoaraphic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'❑ 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. EXHIBIT"A" Page 6 of 13 Revised November 26,2013 KlEngineering DataExchangeWNGIEM%STREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXHIBIT A template 112613 -Ayers 2014 Bond.docx 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. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at"not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 3. Construction Observation Services. (NOT AUTHORIZED) To Be Determined. 4. 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. 5. Right-of-Way (ROW)Acquisition Survey (NOT AUTHORIZED). 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. EXHIBIT"A" Page 7 of 13 Revised November 26,2013 K%Engineering DaWExchange%ANGIEMISTREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXHIBIT A template 112613 -Ayers 2014 Bond.docx 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. 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. Sianalization Improvements. Prepare signalization plans, specifications and estimate for the traffic signal and pedestrian signal improvements at Ayers Street and Santa Fe Street and Ayers Street at Third Street intersections. Conduct site visit and develop design elements using City of Corpus Christi design criteria in TxDOT format and standards. EXHIBIT"A" Page 8 of 13 Revised November 26,2013 K1Enpinaerinp DataExrhwW%NGIEM%STREET\E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXMIBIT A template 112613 -Ayers 2014 Bond.docc 8. Traffic Control. Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced warning signage, traffic control phases and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets,warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage. 9. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 10. Geotechnical Investigation. Perform a subsurface investigation and laboratory testing program and provide pavement and geotechnical recommendations to include the following scope: a) Evaluate the subsurface soils within the limits of the proposed roadway rehabilitation project by obtaining information on the in-situ soils and groundwater conditions and to provide flexible and rigid pavement sections suitable for 20 and 30-year pavement designs. b) Provide recommendations on the suitability of recycling the existing asphalt roadway to be re- used as base material for either a flexible or rigid pavement section. If the material is suitable, RETL will provide recommendations suitable for 20 and 30-year pavement designs. If milling and reclaiming the existing pavement constituents is not suitable, RETL will also provide this recommendation in the final report c) Provide recommendations for the use of either reinforced concrete or non- reinforced concrete pavement and the suitability for each option. d) Provide soil parameters, trench excavation design parameters, OSHA soil type classification and recommendations needed by the contractor/engineer to design braced excavations for installation of underground utilities. In addition, prospective contractors will utilize the information provided in this report during the bidding process. e) Obtain pavement cores and sample, identify and measure the pavement constituents at twelve locations. In addition to the pavement cores, borings will be performed at six core locations. Perform three borings to termination depths of 20-feet and three borings to termination depths of 5-feet within the roadway (Total Number of Borings: 6; Total Linear Feet of Drilling: 75 LF). The scope of work is provided below. EXHIBIT"A" Page 9 of 13 Revised November 26,2013 K%Engineertng DataExchangeVWGIEM%STREET%E13082 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXHtBIT A template 112613 -Ayers 2014 Bond.docx Scope of the Proposed Subsurface Investigation a) Coordination with Texas One Call to identify underground utilities in the proximity of the boring/core locations. The borings/cores.will be relocated if necessary. b) Provide proper traffic control and traffic control devices as required by the City of Corpus Christi during our field investigation. c) Boring/core locations will be obtained at approximate 500-foot intervals of travel lane. d) Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling. e) The borings will be advanced to the depths specified above. f) Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. g) After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations; the base material will be replaced in the boreholes and patched with cold mix. Scope of Laboratory Testing Program • Supplementary Visual Classification (ASTM D2487) • Water Content Tests (ASTM D2216) • Atterberg Limits Tests (ASTM D4318) • Unconfined Compressive Strength Tests (ASTM D2166) • Percent Material Finer Than The#200 Sieve Tests (ASTM D1140) All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. Geotechnical Engineering Report In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench excavation design parameters, OSHA soil type classification, utility trench recommendations and pavement recommendations for the proposed project utilizing the following information provided by the City: • Flow Line of Utilities, • Street Elevations, • Traffic Counts, • Projected Percent Growth of Traffic Over Life of Pavement, • Design Vehicles, and • Percent Trucks. EXHIBIT"A" Page 10 of 13 Revised November 26,2013 K%Engineedng DataExchange%NG1ENSTREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 2014%EXHIBITA template 112613 -Ayers 2014 Bond.docx 11. Televising of Utility Lines. Provide cleaning and televising of existing sanitary sewer system lines within the project limits to verify their existing condition and recommend repairs and/or replacement as needed. This TV investigation includes approximately 1050 linear feet of existing 12" sanitary sewer and 250 linear feet of existing 10" sanitary sewer. 12. Environmental Issues. (NOT AUTHORIZED) 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. 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 28, 2014 NTP January 31, 2014 City provided Traffic assessment April 1, 2014 Draft ELR submittal April 15, 2014 City Review A riI 30, 2014 Final ELR submittal June 30, 2014 60% Design Submittal July 21, 2014 City Review October 28, 2014 100% Final Submittal January 14, 2015 Advertise for Bids January 27, 2015 Pre-Bid Conference February 4, 2015 Receive Bids March 4, 2015 Contract Award May 2015 Begin Construction November 2016 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. EXHIBIT"A" Page 11 of 13 Revised November 26,2013 K01girreenng DateExdmngeVWG1EM%STREE RE13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXHIBIT A template 112613 -Ayers 2014 Bond.docx B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $68,652.00 2. Design Phase 282,728.00 3. Bid Phase 16,960.00 4. Construction Administration Phase 74,224.00 Subtotal Basic Services Fees L 442,564.00 Additional Services Fees (Allowance) 1. Permit Preparation (AUTHORIZED) 21,594.00 2. Topographic Survey and Parcel Descriptions* (AUTHORIZED) 69,162.00 3. Construction Observation Services (NOT AUTHORIZED) To Be Determined 4. Warranty Phase (AUTHORIZED) 8,757.00 5. ROW Acquisition Survey (NOT AUTHORIZED) 13,719.00 6. Subsurface Utility Investigation (AUTHORIZED) 82,078.00 7. Signalization Improvements (AUTHORIZED) 38,948.00 8. Traffic Control (AUTHORIZED) 60,539.00 9. Public Involvement* (AUTHORIZED) 37,259.00 10. Geotechnical Investigation (AUTHORIZED) 25,155.00 11. Televising of Utility Lines (AUTHORIZED) 12,160.00 12. Environmental Issues* (NOT AUTHORIZED) To Be Determined Sub-Total Additional Services Fees Authorized 369,371.00 Total Authorized Fee $811,935.00 "Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT"A" Page 12 of 13 Revised November 26,2013 KlEngineering DataExchangelANGIEMISTREE RE13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 20141EXHIBIT A template 112613 -Ayers 2014 Bond.docx AYERS STREET FROM OCEAN TO ALAMEDA Project No. E13092 SUMMARY OF FEES Original Contract Street Wastewater Storm Water Water Total Basic Services Fees 1 Preliminary Phase $34,326.00 $8,924.76 $17,163.00 $8,238.24 68,652.00 2 Design Phase 141,364.00 36,754.64 70,682.00 33,927.36 282,728.00 3 Bid Phase 8,480.00 2,204.80 4,240.00 2,035.20 16,960.00 4 Construction Administration Phase 37,112.00 9,649.12 18,556.00 8,906.88 74,224.00 Subtotal Basic Services Fees 221,282.00 57,533.32 110,641.00 53,107.68 442,564.00 Additional Services Fees (Allowance) 1 Pemit Preparation (AUTHORIZED) 21,594.00 0.00 0.00 0.00 21,594.00 2 Topographic Survey and Parcel 34,581.00 8,991.06 17,290.50 8,299.44 69,162.00 Descriptions"(AUTHORIZED) 3 Construction Observation (NOT 0.00 0.00 0.00 0.00 TBD AUTHORIZED 4 Warranty Phase(AUTHORIZED) 4,378.50 1,138.41 2,189.25 1,050.84 8,757.00 5 ROW Acqisition Survey (NOT 6,859.50 1,783.47 3,429.75 1,646.28 13,719.00 AUTHORIZED) 6 Subsurface Utility Investigation 41,039.00 10,670.14 20,519.50 9,849.36 82,078.00 (AUTHORIZED) 7 Signalization Improvements (NOT 38,948.00 0.00 0.00 0.00 38,948.00 AUTHORIZED) 8 Traffic Control (AUTHORIZED) 60,539.00 0.00 0.00 0.00 60,539.00 9 Public Involvement`(AUTHORIZED) 18,629.50 4,843.67 9,314.75 4,471.08 37,259.00 10 Geotechnical Investigation 25,155.00 0.00 0.00 0.00 25,155.00 (AUTHORIZED) 11 Televising of Utility Lines (AUTHORIZED) 0.00 12,160.00 0.00 0.00 12,160.00 12 Env4ronmental Issues *(NOT 0.00 0.00 0.00 0.00 TBD AUTHORIZED) Subtotal Additional Services Fees Authorized 251,723.50 39,586.75 52,743.75 25,317.00 369,371.00 Total Authorized Fee 473,005.50 97,120.07 163,384.75 78,424.68 811,935.00 EXHIBIT"A" Page 13 of 13 Revised November 26,2013 KlEngineering DetaExchange%ANGIEMISTREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 2014XEXHIBIT A template 112613-Ayers 2014 Bond.docx 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 AYERS STREET FROM OCEAN DRIVE TO ALAMEDA STREET (Project No. E13092) Basic Services: 1) Project limits are Ayers Street from Ocean Drive to Alameda Street involving full depth pavement repair, storm water, water and wastewater improvements. 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the design memorandum and construction drawings. 3) Contact Texas One-Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in project kickoff and planning meeting with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one(1) hard copy and one (1)electronic copy of the Engineering Letter Report (pre-final and final submissions) 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. 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final design memorandum. Obtain approval to proceed to Design Phase. 8) Participate with staff at two (2) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Prepare hydraulic analysis based on 5, 25, and 100-year design storm return frequency runoff coefficients, time of concentration, rainfall intensity and drainage areas utilizing WinStorm software. Hydraulic gradient and associated data will be reflected in the construction drawings. EXHIBIT"A-1" Page 1 of 8 Revised A ri1 2010 K lEngineering DataExchangeANG[Ef&STREETkEl3092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 201413 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010-Ayers 2014 Bond.doc 10) Develop construction drawings in English units in 22"x 34"sheets,to include the following (as required for this project): • Title Sheet/Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary • Existing Utility Basemaps(Water,Wastewater, Storm Water and Gas) • Existing Roadway Sections • Proposed Street Sections • Drainage Area Map • Roadway Baseline Alignment • Street and Storm Water Plan & Profiles • Street Details • Storm Water Details • Storm Water Laterals • Curb Ramp Details • Fencing Plan and Details • Curb & Gutter and Sidewalk Details • Driveway Details • Waterline & Wastewater Plan & Profiles • Waterline Adjustments • Waterline Tie-in Sections • Waterline Details • Pavement Marking and Signage Plan • Pavement Marking Details • Street Lighting Plan (Conduit Only) • General Traffic Control Notes and Construction Sequencing • Traffic Control Plan • Traffic Control Sections • Traffic Signalization Plans • Traffic Control Miscellaneous Details • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Plan (SWPPP) Outfall Plan • Storm Water Pollution Prevention Details • Miscellaneous Details • Barricade and Construction Standards 11) Prepare opinion of probable construction costs including contingency amounts. 12) Prepare Front End Construction Contract Documents (Div. 00 & Div. 01), Specifications, and Forms using the City's latest front end construction contract documents located at http://en uineercc.com/frontenddocs.aspx EXHIBIT"A-1" Page 2 of 8 Revised April 2010 K1Engineering DWaExehangelANGIEM%STREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 201413 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010.Ayers 2014 Bond.doc • Title Page • T-able of G9Rtent Fs PaFt f^_ r..e.deFal Wage Rates and ReeuiremeRtS • Payment 13) Provide Quality Control/Quality Assurance (QC/QA) interim review and prepare submittal for City's review depicting pre-final development of the contract drawings and specifications. 14) Address comments received from the City for the pre-final submittal. 15) Provide Quality Control/Quality Assurance (QC/QA)final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 16) Update the opinion of probable construction costs. 17) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 18) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT"A-1" Page 3 of 8 Revised April 2010 K-Tngineering DeteEx changeVWGIEMISTREE11E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 201413 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010-Ayers 2014 Bond.doc 20) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5`h of each month. 21) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as identified in Exhibit A. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. TOPOGRAPHIC SURVEY AND PARCEL DESCRIPTIONS 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 proposal street project limits. 7) Perform topographic survey and associated cross-sections for proposed off-site drainage improvements. 8) Locate and tie-in known utilities and structures. 9) Download raw survey field data, copy field notes, reduce data and check results. CONSTRUCTION OBSERVATION SERVICES (NOT AUTHORIZED) 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. EXHIBIT"A-1" Page 4 of 8 Revised April 2010 K%Engineering DataExchange%ANGIE=TREE nE13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 201413 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010-Ayers 2014 Bond.doc 3) Prepare daily reports and coordinate site visits with FNI office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. RIGHT-OF-WAY ACQUISITION SURVEY (NOT AUTHORIZED) 1) Establish limits of work area and obtain available reference maps and reports. 2) Research City rights-of-way, easements and property boundaries. 3) Research adjacent subdivision plats. 4) Locate and tie-in street right-of-way. 5) Establish project baseline. 6) Identify parcels required for right-of-way acquisition. 7) Prepare metes & bounds descriptions for right-of-way acquisition parcels. 8) Stake boundaries for right-of-way to be acquired. 9) Provide exhibits for right-of-way acquisition. S.U.E./ HYDRO-EXCAVATION Upon receiving authorization from the City to proceed, conduct hydro-excavation at sufficient locations to identify underground utilities. The hydro-excavation process will conform to Subsurface Utility Engineering (S.U.E.) in accordance with ASCE Standard C-I, 38-02, and shall be in accordance with Section 8 under Additional Services in Exhibit"A". Consultant's S.U.E. scope shall be as follows: EXHIBIT"A-1" Page 5 of 8 Revised April 2010 K1Engineenng DalaExrha W%ANGIEMISTREET1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 201413 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010-Ayers 2014 Bond.doc A/E will interpret the presence of subsurface utilities and mark the horizontal position on the ground surface using geophysical method or methods, expose and record the precise vertical and horizontal location providing utility size and configuration of the utility for the Data Management process and designating and locating information to project control and transferring it into the CADD system, project plans. A/E will perform a total of twenty (20) locations along Ayers St. which 15 are anticipated to be within existing asphalt/concrete pavement. Traffic control will be utilized in any instance conflicting operations. SIGNALIZATION IMPROVEMENTS Prepare signalization plans, specifications and estimate for the traffic signal and pedestrian signal improvements at Ayers Street and Santa Fe Street and Ayers Street at Third Street intersections. Conduct site visit and develop design elements using City of Corpus Christi design criteria in TxDOT format and standards. TRAFFIC CONTROL Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced warning signage, traffic control phases and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage. PUBLIC INVOLVEMENT Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. GEOTECHNICAL INVESTIGATION Perform a subsurface investigation and laboratory testing program and provide pavement and geotechnical recommendations to include the following scope: a) Evaluate the subsurface soils within the limits of the proposed roadway rehabilitation project by obtaining information on the in-situ soils and groundwater conditions and to provide flexible and rigid pavement sections suitable for 20 and 30-year pavement designs. EXHIBIT"A-1" Page 6 of 8 Revised April 2010 K%Engineering DstsExdsangeVWGIEM%STREET%E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 201413 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010-Ayers 2014 Bond.doc b) Provide recommendations on the suitability of recycling the existing asphalt roadway to be re- used as base material for either a flexible or rigid pavement section. If the material is suitable, RETL will provide recommendations suitable for 20 and 30-year pavement designs. If milling and reclaiming the existing pavement constituents is not suitable, RETL will also provide this recommendation in the final report. c) Provide recommendations for the use of either reinforced concrete or non- reinforced concrete pavement and the suitability for each option. d) Provide soil parameters, trench excavation design parameters, OSHA soil type classification and recommendations needed by the contractor/engineer to design braced excavations for installation of underground utilities. In addition, prospective contractors will utilize the information provided in this report during the bidding process. e) Obtain pavement cores and sample, identify and measure the pavement constituents at twelve locations. In addition to the pavement cores, borings will be performed at six core locations. Perform three borings to termination depths of 20- feet and three borings to termination depths of 5-feet within the roadway (Total Number of Borings: 6; Total Linear Feet of Drilling: 75 LF). The scope of work is provided below. Scope of the Proposed Subsurface Investigation a) Coordination with Texas One Call to identify underground utilities in the proximity of the boring/core locations. The borings/cores will be relocated if necessary. b) Provide proper traffic control and traffic control devices as required by the City of Corpus Christi during our field investigation. c) Boring/core locations will be obtained at approximate 500-foot intervals of travel lane. d) Soil samples will be obtained at predetermined depths, unless subsurface conditions warrant additional sampling. e) The borings will be advanced to the depths specified above. f) Groundwater readings will be obtained during drilling and immediately upon completion of the drilling operations. g) After obtaining the delayed groundwater readings, the open boreholes will be backfilled with excess soils obtained during the drilling operations; the base material will be replaced in the boreholes and patched with cold mix. Scope of Laboratory Testing Program • Supplementary Visual Classification (ASTM D2487) • Water Content Tests (ASTM D2216) • Atterberg Limits Tests (ASTM D4318) • Unconfined Compressive Strength Tests (ASTM D2166) • Percent Material Finer Than The#200 Sieve Tests (ASTM D1140) EXHIBIT"A-1" Page 7 of 8 Revised A dl 2010 K1Engineertng DataExchange%ANGIEWSTREE nE13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 201413 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010-Ayers 2014 Bond.doc All phases of the laboratory testing program will be performed in general accordance with applicable ASTM Specifications. All field and laboratory test results will be included on the boring logs or provided in the report. Geotechnical Engineering Report In addition to the field and laboratory testing, a geotechnical engineering report will be prepared that includes a description of the field exploration and laboratory tests, boring logs, a discussion of the engineering properties of the subsurface materials encountered, trench excavation design parameters, OSHA soil type classification, utility trench recommendations and pavement recommendations for the proposed project utilizing the following information provided by the City: • Flow Line of Utilities, • Street Elevations, • Traffic Counts, • Projected Percent Growth of Traffic Over Life of Pavement, • Design Vehicles, and • Percent Trucks. TELEVISING OF UTILITY LINES Provide cleaning and televising of existing sanitary sewer system lines within the project limits to verify their existing condition and recommend repairs and/or replacement as needed. This TV investigation includes approximately 1050 linear feet of existing 12" sanitary sewer and 250 linear feet of existing 10" sanitary sewer. ENVIRONMENTAL ISSUES (NOT AUTHORIZED) 1) (TBD) EXHIBIT"A-1" Page 8 of 8 Revised April 2010 K%Erginsering DataExchangeMGIEMISTREE'n1E13092 AYERS FROM OCEAN TO ALAMEDA BOND ISSUE 201413 EXHIBIT A-1 TASK LIST LARGE AE REVISED April 2010-Ayers 2014 Sond.doe EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements 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 with applicable policy endorsements, 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 (except Workers Compensation/EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, or Bodily Injury & Property Damage reduction in coverage or limits required Per occurrence - aggregate on all certificates or by policy endorsements COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: Per Occurrence and in the aggregate 1. Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/Advertising Injury AUTOMOBILE LIABILITY to include: $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2. Hired—Non-owned vehicles UMBRELLA— EXCESS LIABIITY $1,000,000 COMBINED SINGLE LIMIT Must follow form PROFESSIONAL LIABILITY including: $2,000,000 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 Applicable to paid employees while on City property 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 related to this agreement, 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 (except for Professional Liability), 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. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.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 on CGL and Auto policies of any suspension, cancellation, non-renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. 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 agreement. EXHIBIT "B" Page 2 of 3 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 agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 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 O & 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 O n/a 14,166 0 0 14,166 0 0 0 0% 0 0 0 0 0 0 0n/a $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% SUPPLIER NUMBER TO BE ASSIGNED BYZTTY- PURCHASING DIVISION CITY OF CORPUS CHRISTI C"i>y us 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: Freese and Nichols P.O.BOX: N/A $00 N.Shoreline Blvd, 78401 STREET ADDRESS: Suite 160ON CITY: Corpus Christi ZIP: 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 pa a 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 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`arm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name N /n� 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 (r"e or Pdat) 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. i a tl' 1 _d AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Light Industrial By Bill Ferguson Property Location: Southwest corner of Leopard Street and Rhew Road CAPTION: Case No. 0214-01: Bill Ferguson: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as being a 69.265-acre tract of land out of a 176-acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road. PURPOSE: The purpose of this item is to rezone the property to allow development of light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow future development of light industrial uses. The proposed rezoning would allow the property to be subdivided and sold to light industrial businesses. The proposed rezoning is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which calls for light industrial service uses. The proposed rezoning will allow uses such as light industrial, warehouse and freight movement, heavy vehicle service, and waste related service. The proposed rezoning will not negatively impact the surrounding properties and the property to be rezoned is suitable for light industrial uses. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plan and the Future Land Use Plan. 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 Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), by changing the UDC Zoning Map in reference to a 69.265-acre tract of land out of a 176-acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 18, 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 by Bill Ferguson, acting as agent on behalf of D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam Megarity Armstrong, Jr. ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 69.265-acre tract of land out of a 176-acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road (the "Property"), from the "FR" Farm Rural District to the "IL" Light Industrial District (Zoning Map Nos. 056046 & 056045), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 0214-01 Ordinance, Bill Ferguson Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Not of a 69.265 acre tract out of the Sedwick Tract being a 176.00 acre tract described in a deed recorded in Document No. 850703,Deed Records Nueces County,Texas. Said acre tract also being out of The I Dann Survey,Absutcr-985. Said 69,265 acres being more particularly described as follows: BEGINNING at a 518"iron rod found in the intersection of Sedwick Road and Rhew Road for the southeast comer of this survey,THENCE with the center of Sedwick Road,South 89'18'48"West, a distance of 637.83 feet to a cotton spindle set in the center of Sedwick Road for the southwest comer of this survey,from WHENCE a 5/8"iron rod found in the intersection of Sedwick Road and Clarkwood Road bears,South 89'l 8'48"West,a distance of 5573,22 feet. THENCE North 01"26`30"West,at a distance of 30.00 feet pass a 5/8"iron rod set as an offset in the north right of way of Sedwick Road, a total distance of 4878.33 feet to a 5/8"iron rod set in the south right of way of Leopard street for the northeast comer of Lot 1,Hudson Acres,as shown on a map recorded in Volume 43,Page 32,Map Records Nueces County,Tex for the northwest comer of this survey. THENCE with the south right of way of Leopard street, South 65'59'35"East, at a distance of 673.08 feet pass a 518"iron rod set as an offset in the intersection of the south right of way of Leopard Street and the west right of way of Rhew Road,a total distance of 706.31 feet to a cotton Spindle set in the center of Rhew Road for the northeast comer of this survey. THENCE with the center of Rhew Road South 01026'30"East, a distance of 4583.23 feet to the POINT OF BEGINNING of this survey,and containing 69.265 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83 (93)4205 Datum. 2.) A Map of equal date accompanies this Metes and Bounds description, 1,Ronald E.Brister do hereby certify that this survey of the property legally described herein was made on the ground this day January 6. 2014 and is correct to the best of my knowledge and belief, lan a ui 2 br. Ronald E. Brister, RPLS No. 5407 Date: January 6,2014. ....WST4.... R6....... ............. -5407 joh 131521 EXHIBIT A SCALE 1" = 250` SURVEY OF 69.265 ACRES OUT OF THE SEDWICK TRACT BEING A 176.00 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 800703, DEED RECORDS NUECES COUNTY, TEXAS. SAID ACRE TRACT ALSO BEING OUT OF THE 1. DUNN SURVEY, ABSTRACT 985, THIS SUR, DONEB ITHOUTTHE BENEFIT OFATITLE COwaaHnaErT. MEW ROAD DS' RIGHT 01, WAY Brister Surveying OT 2., HUDSON AcNrs w RN T. 3. CD HUDSON ACRES VOL, 46 PAGE 801'26'36"E.4583.23 (MEAS) 69.265 .ACRES 3,057,588 82 . N0172670"54 487933' (MEAS NN 10 INDSON ACRES - 3 OM ACRE, DOD NODONNONA I NOT TO SCI CIDANSICALS IN GRAND, N.01-DA0 ONLY, IS LOCATED WINSIN,701,D. -DEJA ANAGFANNY MAID (N O N 585,24 mas C D� JULY 18.1985 118)AND ®sNOT LOCATED iNNEAR NOON ZONE JhsctaiFn Ro HUDSON AC _ O = POUND 518" IRON ROD O� = SET 57S" IRON ROD 0 = SET COTTON SPINDLE ,J5)0 NO.131322 N 01'ES. 1)-1'OI'.1A. 9138,X8X12 AREA IS 89 255 A(Rt.S 2.) MEASURED 1313AR10)39 ARE BASED ON GLOBAL POS4P)ON5N!, 929 Ti( NAll 33 (03) 42051JA1UM. 3) A METES AND BOUNDS IJLSC5) 5,108 OF E95.44) DATE ACCOMPANIES THIS SERI' EY. 40860510r5)84 '1/4,SuRNO 086.0884)5)84 S(,INO THIS SURVEY DOES NOT - INCLUDE NDAHONS Or ALL SERVITUDES, EASEMENTS, RICA ri OF WADS, OR UTILITIES ON THIS PROVER, THAI HIS SURVEY (ND1 HE PROPER, ,C.l IIS INNNI D WAS MADE ON AND IS CORRECT TO 'I', eF,S DINAN KNOWLEDOE AND BELIEF. 7-06-0 r k 1 EXHIBIT B PLANNING COMMISSION FINAL REPORT Case No.: 0214-01 HTE No. 14-10000002 Planning Commission Hearing Date: February 12, 2014 Applicant: Bill Ferguson Owners: D.W. Grant, Jr., Betty Grant Armstrong, Andrea Alice Armstrong qo Plymale, Amie Alexandria Armstrong Kirk, Amanda Annette Armstrong England, u m.cL Sam Megarity Armstrong, Jr. CL_J 5 Legal Description/Location: Being a 69.265-acre tract of land out of a 176- a°a o acre tract of land generally known as the Sedwick Tract and out of The J. Dunn Survey, Abstract 985, located along the west side of Rhew Road, between Leopard Street and Sedwick Road. }, From: "FR" Farm Rural District To: "IL" Light Industrial District .E Cr Area. 69.265 acres N Purpose of Request: To allow development of light industrial uses. Existing Zoning Existing Land Use Future Land Use District Site "IL" Light Industrial Vacant Light Industrial c� North "IL" Light Industrial Light Industrial Light Industrial o South "IL" Light Industrial Vacant & Heavy Light Industrial N Industrial J "RMH" Manufactured Vacant, Medium East Home & Density Residential, Light Industrial w "IL" Light Industrial & Light Industrial Vacant, Heavy West "IL" Light Industrial Industrial & Light Light Industrial Industrial Area Development Plan: The subject property is located within the boundaries cL c of the Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "IL" Light Industrial a c District is consistent with the adopted Future Land Use Plan. a Map No.: 056046 & 056045 Zoning Violations: None c Transportation and Circulation: The subject property has access to Rhew Road, which is a "C3" Primary Collector street, Leopard Street, which is an "A2" c Secondary Arterial Divided street, and Sedwick Road, which is an "Al" Minor CL Arterial Undivided street. The developer will be responsible for constructing the c� future section of Erne Street, which is a local street that will intersect with Rhew Road. Case#0214-01 Bill Ferguson Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type (2010) "C3" Primary 75' ROW 45' ROW Not p Rhew Rd. Collector 50' paved 20' paved Available d Q "A3" Primary Arterial 130' ROW 160' ROW E 2,987 Leopard St. Divided 79' paved 60' paved W 2,723 Cn Sedwick St. "A1" Minor Arterial 95' ROW 60' ROW Not Undivided 64' paved 22' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow future development of light industrial uses. The applicant does not have a specific development plan for the property but will subdivide the tract of land to sell lots for light industrial businesses. Existing Land Uses & Zoning: North of the subject property are industrial properties zoned "IL" Light Industrial District. East of the subject property are multifamily properties, vacant land, and industrial properties zoned "IL" Light Industrial District and "RMH" Manufactured Home District. South of the subject property is a gas compression facility and vacant land zoned "IL" Light Industrial District. West of the subject property is vacant land and an industrial facility zoned "FR" Farm Rural District and "IL" Light Industrial District. Further west of the subject property is a single-family subdivision. The Port/Airport/Violet Area Development Plan calls out the subdivision as being in transition from residential to industrial. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Port/Airport/Violet ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for light industrial uses. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. Case#0214-01 Bill Ferguson Page 3 • The proposed development will not impact traffic along Main Street, which is a local residential street. The subject property has convenient access to Leopard Street and Sedwick Road, which are both arterial type streets. Planning Commission and Staff Recommendation (February 12, 20141 Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Number of Notices Mailed — 36 within 200-foot notification area; 1 outside notification area 0 As of February 13, 2014: In Favor — 21 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0214-01 Bill Ferguson\City Council Docs\0214-01 Report for CC, Bill Ferguson.docx BEARCDENDR G- (D Q S P/ ? 1 z Y � 19 m I L ,u9 ' 1 f7 25 PROPS wT tr A 3a - 7p 13 _ el 1 (M�, — (D C o m 33" 17 �, 3C4 3 4 �+ R M H. F ' 16 ' 10 2�! 7 l 1 2�3' — SE[D'W TCK"R[D 6 Crate Created:21312814 0' 400 800 Prepared By jeremyrrr Feet Department of Development serWces CASE: 0214-01 ZONING & NOTICE AREA SUBJECT RM-1 MAultifamllyI It. Light Industrial PROPERTY ON IM Heats Industrial RMAAAT Professional essionall office R$-sp Single-Family ng Fa Qom.�TVCPtlay � � � a T �.w .... CHw1 Neighborhood Commercial RS.4.5 Single-Famlly CS CH-2 Neighborhood Commercial Yr RS-TF TWwa�^FamNl CRA Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-t General Commercial R S-TH Townhouse General Commercial �......... r ...... Cl CG�2 General SP Special Permit CR-3 Resort Downtown rercial RV Recreational Vehicle Park RMAH Manufactured Home � CBO lot tvntown Commal � . FR Fenn Rural H Historic Overlay SP Business Park LLI II"�'CIIr,VCCt F�P'pr.5u°,rYy (J'x"d'p'r,'C5 *n .,,., ..HW"rd4^^wv �_..__.,......wn�w..... • GNES City of TA uvdth 200'd'a�t�fiMer 4n P vor COwners orpus «: 'P p„ �O CC ytV■ ��H� Cl giSq attached owywr p xa s dra WiposWor 1 11 _ _7 OR RNI 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Dept. BarneyW@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Light Industrial By Congregation of Divine Providence, Inc. Property Address: 6045 Bear Lane CAPTION: Case No. 0214-02 Congregation of Divine Providence, Inc.: A change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District, not resulting in a change to the Future Land Use Plan. The property is described as being 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive. PURPOSE: The purpose of this item is to rezone the property to allow future development of light industrial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow an oil field service company to develop a 120,000-square foot facility. The proposed rezoning is consistent with the adopted Future Land Use Plan, which calls for light industrial uses on the subject property and neighboring properties. The proposed rezoning will allow uses such as light manufacturing, fabricating, warehousing and wholesale distributing. The proposed rezoning will not negatively impact the surrounding properties and the property to be rezoned is suitable for light industrial uses. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plan and the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by the Congregation of Divine Providence, Inc. ("Owner"), by changing the UDC Zoning Map in reference to 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, from the "FR" Farm Rural District to the "IL" Light Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of the Congregation of Divine Providence, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 18, 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 by the Congregation of Divine Providence, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 40 acres of land, more or less, out of the northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side of Bear Lane, approximately 350 feet west of Junior Beck Drive (the "Property"), from the "FR" Farm Rural District to the "IL" Light Industrial District (Zoning Map No. 052041), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 0214-02 Ordinance, Congregation of Divine Providence, Inc. Page 2 of 2 MURRAY BASS:,, JR.,RE,R.P.1-S. 3054 S.ALAMEDA,zip 78404 NIXON K WELSH,P.F—P-PLS,, 361 882-5521— FAx 361 882-1265 e-nuffl: C mafh BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027,00 P.O. Box 6397 Corpus Christi, TX 78466-6397 December 13,2013 Field Note Description Being 40 acres of land. more or less, out of the northeast comer of Lot One (1) of the Subdivision of the MARGARET KELLY LAND,as shown by map orplatthereof recorded In Volumefl,Page40,Map Records of Nueces County,Texas.and as described by metes and bounds as follows,to wd: BEGINNING at the northeast comer of Block I of the Subdivision of the Margaret Kelly Land for a place of beginning: THENCE West 1306.7 feet along the north line of Block I to a point for the Northwest comer of this 40 acre tract THENCE South parallel to the east line of Block 1,fora distance of 1333.32 feet to a point for the Southwest comer of this 40 acre tract; THENCE East 13D6.7 feet to the east line of Block 1 fort Southeast comer of this 40 acre tract; THENCE North along the east line of Block 1, 1333.32 feet to the PLACE OF BEGINNING. IM y Bass, r. R.P L,S, N U Nate;,Descripgon lias been pmpamd from a document of record and does not nipresenI a sumey made an the ground MAJ sab UOSOVAB.doc Page I of I EXHIBIT "A" q ("�11� 1% B OCK 1 ? QIW)8� HNOOM118111 M B (`11(`X 1 h� 4 151 �!1�3 123 � M 114 BUKK 1 1E'lli/0 014!'ME h� C '11/01 6() 52 11111/(A 52 '1'15 dM R,hq"C LcED)'E AR" LANE WEST 11306-7n, 40 ACRES d 0 F- D 0 D (A 11�111d�� ME T-M 3 11;'114�! ME dM1,115,RGARE d4�E "Y" JIM4 01 EAST 1306.70' H 8 d�)G 40 11111/("H 8 4 0 �M'111NRQARE� KBUY" UMNO Li"'"IT 114 hN0JSTRL6L M M04 ?"N"::6'Y" M 5 Jhff SL1B0V,/G0t,i ('14�: ME �VLINRQ!UZE� KEU Y` L,115,110 '111/0d �3 d:)G 40 �VL hL C GRAPHIC SCALE 1000 500 0 1000 2000 40)0 ( IN FEET ) 1 inch = 1000 ft. NOTE: THIS SKETCH HAS BEEN PREPARED FROM DOCUMENTS OF RECORDS AND DOES NOT REPRESENT A SURVEY MADE ON THE GROUND REZONING SKETCH CONGREGATION OF DIVINE PROVIDENCE-OWNER 6045 BEAR LANE Prepared bw Boss & Welsh E_ngineeringCORPUS CHRISTI , TX Job No: 13090 3054 So. Alameda St. scale: i"=100, Corpus Christi, Tx. 78404 Date: 12-13-2013 (361) 882-5521 (phone) Drawing No: 13090 (361) 882-1265 (fax) P/o tscole: 1=1 Firm Registration No. F-52 Sheet 1 of 1 EXHIBIT "B" PLANNING COMMISSION FINAL REPORT Case No.: 0214-02 HTE No. 14-10000001 Planning Commission Hearing Date: February 12, 2014 c Applicant/Owner: Congregation of Divine Providence, Inc. CL Legal Description/Location: Being 40 acres of land, more or less, out of the 'Q 4) = northeast corner of Lot 1 of the Margaret Kelly Land, located on the south side a o of Bear Lane, approximately 350 feet west of Junior Beck Drive }, From: "FR" Farm Rural District To: "IL" Light Industrial District '- Cr Area: 40 acres N° Purpose of Request: To allow future development of light industrial uses. Existing Zoning Existing Land Use Future Land Use District c Site "FR" Farm-Rural Vacant Light Industrial c � '- North "IL" Light Industrial Light Industrial Light Industrial South "FR" Farm-Rural Vacant Light Industrial Vacant and Light y J East "IL" Light Industrial Light Industrial . Industrial w West "FR" Farm-Rural Vacant Light Industrial Area Development Plan: The subject property is located in the cL c Port/Airport/Violet Area Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "IL" Light Industrial a c District is consistent with the adopted Future Land Use Plan. a Map No.: 052041 Zoning Violations: None Zoning Report Case#0214-02 Congregation of Divine Providence, Inc. Page 2 °a c Transportation and Circulation: The subject property has access to Bear Lane, which is an "A1" Minor Arterial street. L Urban Proposed Existing Traffic Street Transportation Plan Volume Type Section Section (2010) L O C Bear Lane "A1" Minor Arterial 95' ROW 78' ROW Not 64' paved 25' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District to allow the development of an oil field service company, Cameron International. Applicant's Development Plan: The applicant plans to sell the land after rezoning. The potential buyer is Cameron International. Cameron International proposes to develop a 120,000-square foot facility, of which 16,500 square feet will be office use. The office building will be two stories with a height of 30 feet. The workshop building will be 103,500 square feet. The business will have approximately 350 employees and hours of operation will be 24-hours per day, seven days a week, and working in two or three shifts. Existing Land Uses & Zoning: The property north of the subject property across Bear Lane is zoned "IL" Light Industrial District and is occupied by the RTA, which is a light industrial use. East of the subject property is zoned "IL" Light Industrial District and consists of vacant land and light industrial uses. West and south of the subject property is vacant land zoned "FR" Farm Rural District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Port/Airport/Violet ADP and the proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for light industrial uses. Department Comments: • The proposed rezoning is consistent with the Comprehensive Plan. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for light industrial uses. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. Zoning Report Case#0214-02 Congregation of Divine Providence, Inc. Page 3 Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Number of Notices Mailed — 8 within 200-foot notification area; 5 outside notification area 0 As of February 24, 2014: In Favor — 0 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Conceptual Site and Phasing Plan KADevelopmentSvcs\SHARED\ZONING CASES\2014\0214-02 Congregation of Divine Providence,Inc\Council Documents\0214-02 Report for Council,Congregation of Divine Providence,lnc..docx UBJEC ;PERTY 10 FEAR LEI C f-r f� D 7 F'R' 4 3. Date Created_1x'27=14 0' 400 800 Prepared By Jere ry- Feet Department of Development Services CASE: 214-t ZONING $ NOTICE AREA �rr�� IF SUBJECT RM•1 Multifamily I IL Light Industrial PROPERTY RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 Puff Planned Unit pev.Overlay VcI 0� ON Professional Office RS-10 Single-Family 10 o ' RM-AT WWI AT RS.6 Single-Family 6 p CN•1 Neighborhood Commercial RS-CS Single-Famlly4.5 ,✓` CN-2 Neighborhood Commercial RS-TF TWo-Family CR-1 Resort Commercial _ .. RS=15 Single-Family 15 CR-2 Resort Commercial RE. Residential Estate CG.1 General Commercial '+Ir S=TH Townhouse CG-2 General Commercial SID Special Permit CI Intensive Commerclal RV Recreational tl ParR C .3 rcial RMH Manufactured Vehicle CR Resort Commercial FR Farm Rural H Hlstorle Overlay Be Business Perk ' "d r aftleCnea'orvrrraer^srhry ery YastVe Owners R-2N VWh 200'buffea ne ti �.. r City of j' r, t� � Co Gv e rn OweY9 S� � apposkyor . Ar SURFACE SYSTEM - CORPUS CHRISTI FACILITY ®P� SEo.E ETE-EOMP�TEOPLL �Px sE oxE-sTE-xEwrcTearnc Pwmxo ®Px SE Two-a�I�nl.o-aaEw:isxoPiwEa ®Px SE Two-a�I�nl.o-sEmncEiwEa M„- IWO SITE COMPACTED HI, „PSE TwC- SITE -PARKIN LOT SERVICE „PSE IWO SITE SETwo-a�I.nwooOFFNTEppo „ E„-- CR/EPEE. SHIPPING i PESEN.o PHASING - AREA CALCULATIONS NAME AREA PHASE 1 PHASE ONE - BUILDING - 2 STORY FRONT OFFICE LEVEL 1 8,610 SF PHASE ONE - BUILDING - COVERED SHIPPING /RECEIVING 4,010 SF PHASE ONE - BUILDING - FRONT OFFICE LEVEL 2 SHELL 8,610 SF PHASE ONE - BUILDING WORKSHOP 59,500 SF PHASE ONE - SITE - COMPACTED FILL 88,280 SF PHASE ONE - SITE - EARTHWORK 315,370 SF PHASE ONE - SITE - HEAVY TRAFFIC PAVING 48,910 SF PHASE ONE - SITE - LANDSCAPE 30,310 SF PHASE ONE - SITE - PARKING LOT 1 36,040 SF PHASE ONE SITE UTILITIES 72,150 SF SUBTOTAL 671,780 SF PHASE 2 PHASE TWO - BUILDING - BREAK / SHOP AREA 7,810 SF PHASE TWO - BUILDING - COVERED SHIPPING /RECEIVING 3,960 SF PHASE TWO - BUILDING - FRONT OFFICE LEVEL 2 TI 8,610 SF PHASE TWO - BUILDING - OFFICE 4,890 SF PHASE TWO - BUILDING - SERVICE ARE9 24,800 SF PHASE TWO - BUILDING WORKSHOP 42,100 SF PHASE TWO - SITE - COMPACTED FILL 64,590 SF PHASE TWO - SITE - EARTHWORK 400,480 SF PHASE TWO - SITE - HEWY TRAFFIC PAVING 58,970 SF PHASE TWO - SITE - LAG/DOWN YARD 128,030 SF PHASE TWO - SITE - PARKING LOT 3 33,140 SF PHASE TWO - SITE - PARKING LOT SER/ICE 11,480 SF PHASE TWO - SITE - UTILITIES 92.810 SF SUBTOTAL 881,680 SF GRANDTMML PILASEIW©PARKING ms PARKING SPACES PHASE LINO - BUILDING -SERVICE AREA 20,803 SF PHASE LINO - BUILDING L as o -s FFICE PHASE ONE -SITE - LANDSCAPE 6,960 SF ENTRY/ EXIT PU SEONE- ETE 12,900 SF ENTRY/ EXIT ek CAMERON CORPUS CHRISTI FACILITY Studio OR RNI 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW@cctexas.com (361) 826-3595 Rezoning from Commercial to Residential By Santos and Virginia Herrera Property Address: 4410 Ivy Lane CAPTION: Case No. 0214-04: Santos and Virginia Herrera: A change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District, resulting in a change to the Future Land Use Plan from commercial to low density residential uses. The property is described as being a 0.113-acre tract of land out of Lot 10A, Ava Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane. PURPOSE: The purpose of this item is to rezone the rear portion of the property to allow single- family uses. RECOMMENDATION: Planning Commission and Staff Recommendation (February 12, 2014): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District to allow an addition to a single-family dwelling. The lot consists of a single-family dwelling at the front of the property and a carport with storage on the rear portion of the property. The front 75 feet of the property is zoned "RS-6" District and the remainder of the property is zoned "CN-1" District. The carport and proposed addition are located in the portion of the property zoned "CN-1" District. Although inconsistent with the Future Land Use Plan, the rear portion of the property is unlikely to develop with commercial uses. A single-family dwelling exists on the front of the property and an addition of the dwelling into the rear portion of the property is reasonable. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area along Ivy Lane. The current low density residential use of the property would not be changed as a result of the rezoning. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plan and the Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 Report with Attachments Aerial Overview Map Ordinance amending the Unified Development Code ("UDC"), upon application by Santos Herrera and Virginia Herrera ("Owners"), by changing the UDC Zoning Map in reference to a 0.113-acre tract of land out of Lot 10A, Ava Cooper Subdivision, from the "CN-1" Neighborhood Commercial District to the "RS-6" Single- Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Santos Herrera and Virginia Herrera ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 18, 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 by Santos Herrera and Virginia Herrera ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.113-acre tract of land out of Lot 10A, Ava Cooper Subdivision, located approximately 200 feet north of Gollihar Road and 75 feet east of Ivy Lane (the "Property"), from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District (Zoning Map No. 046039), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 Page 2 of 2 0214-04 Ordinance,Santos and Virginia Herrera STATE OF TEXAS COUNTY OF NUECES THIS DOES NOT REPRESENT AN ON THE GROUND SURVEY AND IS INTENDED FOR REZONING PURPOSES ONLY. Field Notes of a 0.113 acre tract of land being out of Lot 10A,Ava Cooper Subdivision,as shown on a map recorded in Volume 35,Page 39,Map Records Nueces County,Texas.Said 0.113 acres being more particularly described as; COMMENCING at a point in the east right of way of Ivy Lane,for the common west corner of Lotl OA,and Lot 9A,Ava Cooper Subdivision,as shown on a map recorded in Volume 10,Page 25, Map Records Nueces County,Texas,THENCE with the common boundary line of said Lot10A and said Lot 9A,South 61'40'00"East,a distance of 75.00 feet to a point in the common boundary line of said Lot l0A and said Lot 9A,for the northwest corner of this property,and the POINT of BEGINNING. THENCE with the common boundary line of said Lotl0A and said Lot 9A,South 61'40'00"East, a distance of 98.44 feet to a point for the northeast corner of Lot 10A,and for the northeast corner of this property. THENCE South 28°12'00"West,a distance of 50.00 feet to a point for the southeast corner of Lot I OA,and for the southeast corner of this property. THENCE with the common boundary line of said LotlOA and said Lot 11A,North 61°40'00" West,a distance of 98.44 feet,in the common boundary line of said Lot l0A and said Lot 11A,and for the southwest comer of this property. THENCE North 28°12'00"East,a distance of 50.00 feet to the POINT OF BEGINNING of this property,and containing 0.113 acres of land,more or less. Notes: 1.)Bearings are based on Platted bearings recorded in Volume 35,Page 39. ana�2e.6u2tr Ronald E.Brister,RPLS No.5407 Date:January 21,2014. 'CP'••'�isre �9 RONALD E BRISTER 5407 l9�OFFssp AQ S6� Job 14101 THIS DOES NOT REPRESENT AN ON THE GROUND SURVEY AND IS INTENDED FOR REZONING PURPOSES ONLY. EXHIBIT A SKETCH OF SCALE 1"=30' LOT 10—A MAP RECORDS OF NUECES COUNTY,TEXAS AVA COOPER SUBDIVISION NUECES COUNTY,TEXAS VOLUME 35 PAGE 39 4410 IVY LANE 50'RIGHT OF WAY o a LOT 10-A N28°12'00"E 50.00' LOT 11-A P•0•B• LOT 9A 0 4,922 S.F. �o j.113 ACRES oc a $ LOT 11 LOT 9B S28°12'00"W 50.00' LOT 10-B O=PROPERTY CORNER �J) Brister Surveying 4659 Everhart Suite 100 Curpus Christi,Texas 78411 Off361-850-1800 F-361 850-1802 BristereorveyingCeorpuat-b-om THIS DOES NOT REPRESENT Firm Registration No.lUO72800 AN ON THE GROUND SURVEY AND IS INTENDED FOR REZONING PURPOSES ONLY. SKETCH DATE JANUARY 30,2014 JOB NO.14101 EXHIBIT B FINAL PLANNING COMMISSION REPORT Case No.: 0214-04 HTE No. 14-10000006 Planning Commission Hearing Date: February 12, 2014 Representative: Joe Garcia Applicant/Owners: Santos and Virginia Herrera 0 m.a Legal Description/Location: Being a 0.113-acre tract of land out of Lot 10A, CL J y Ava Cooper Subdivision, located approximately 200 feet north of Gollihar Road Q °a 0 and 75 feet east of Ivy Lane. �., From: "CN-1" Neighborhood Commercial District 0 To: "RS-6" Single-Family 6 District .E Cr Area. 0.113 acres N Purpose of Request: To allow an addition to a single-family dwelling. Existing Zoning Existing Land Use Future Land Use District "CN-1" Neighborhood Low Density Site Commercial Residential Commercial 8' y Vacant & Low Density •� vi North "RS-6" Single-Family 6 C Commercial Residential N "CN-1" Neighborhood Low Density JSouth Commercial Residential Commercial n "CG-2" General • East Commercial Commercial Commercial w West "RS-6" Single-Family 6 Low Density Low Density Residential Residential Area Development Plan: The subject property is located within the boundaries cL c of the Southeast Area Development Plan (ADP) and is planned for commercial uses. The proposed change of zoning to the "RS-6" Single-Family 6 District is a 6 not consistent with the adopted Future Land Use Plan. a Map No.: 046039 Zoning Violations: None c Transportation and Circulation: The area to be rezoned is a portion of a CL.o property that has access to Ivy Lane, which is a local residential street. The subject property has indirect access to Gollihar Road, which is an "Al" Minor Arterial Undivided street, via Ivy Lane. Urban Proposed Existing Traffic Street Transportation Plan Volume Type Section Section (2010) L O C Ivy Ln. Local Residential 50' ROW 50' ROW Not 28' paved 20' paved Available Case#0214-04 Santos and Virginia Herrera Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District to allow an addition to a single-family dwelling on the property. The lot consists of a single-family dwelling at the front of the property and a carport with storage on the rear portion of the property. The front 75 feet of the property is zoned "RS-6" District and the remainder of the property is zoned "CN-1" District. The carport and proposed addition are located in the portion of the property zoned "CN-1" District. Development Plan: The applicant plans to construct a two-story, 1,060 square-foot addition to an existing single-family dwelling. The proposed location of the addition is located on the portion of the lot zoned "CN-1" Neighborhood Commercial District (see attached site plan). Existing Land Uses & Zoning: North of the subject property is a commercial parking lot and vacant land zoned "RS-6" Single-Family 6 District. South of the subject property is a single-family dwelling zoned "CN-1" Neighborhood Commercial District and "RS-6" Single-Family 6 District. West of the subject property are single-family dwellings zoned "RS-6" Single-Family 6 District. East of the subject property is a commercial business zoned "CG-2" General Commercial District. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Southeast ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for commercial uses. Although inconsistent with the Future Land Use Plan, the rezoning would be appropriate for this location and is consistent with the surrounding properties. The proposed rezoning is consistent with pertinent elements of the Comprehensive Plan such as: 1. Protect residential areas by stabilizing and preserving residential neighborhoods (Southeast ADP). 2. Expansion of commercial uses into or within residential areas may be permitted only if such expansions maintains or improves the residential desirability of the impacted neighborhoods (Policy Statement — Commercial D). Department Comments: • Although inconsistent with the Future Land Use Plan, the rear portion of the property is unlikely to develop with commercial uses. A single-family dwelling exists on the remainder of the property and expanding of the dwelling into the rear portion of the property is reasonable. Case#0214-04 Santos and Virginia Herrera Page 3 • The proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is suitable for low density residential uses. • This rezoning could affect the commercial property east of the subject property if the commercial property expands or redevelops. Ten buffer points and a five-foot buffer yard would be required if the property was to be redeveloped. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area along Ivy Lane. • The current low density residential use of the property would not be changed as a result of a rezoning to the "RS-6" Single-Family 6 District. Planning Commission and Staff Recommendation (February 12, 20141 Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District. Number of Notices Mailed — 30 within 200-foot notification area; 6 outside notification area 0 As of February 13, 2014: In Favor — 2 inside notification area; 0 outside notification area a 0 In Opposition — 0 inside notification area; 0 outside notification area For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\0214-04 Santos and Virginia Herrera\Council Docs\0214-04 Report for CC, Santos and Virginia Herrera.docx � M R " ti h e N C h a h h " " z o a e CG - 00 n 10 a � 6 17 327 M q 21 22 13 a 2 " 15 g UBJECT M 14 0 2q 26 PROPERTY — 6 N 30 W 00 28 m C 19 24 16 11 23 20 1 25 8 18 0 RS - <6 N N M SP� 72 - 0 ? a 12 W a 29 � h " ON " CN 1 �o Q <jygRR C N; OSSST �oJ Ros Date Created:1/29/2014 a 0 SAS. 400 Q 800 Pr\pared ey:jeremym •�art`ment of Development Services CASE: 0214-04 Zoning & Notice Area �?T y m RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay O a ON Professional Office RS-10 Single-Family 10 RM-AT Mult ifam ily AT RS-6 Single-Family 6 n,, OQ, SUBJECT CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 PROPERTY CN-2 Neighborhood Commercial ` p RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 p CR-2 Resort Commercial RE Residential Estate o� 00 4,4,General Commercial RS-TH Townhouse =� ���hqR CG-2 General Commercial SP Special Permit 0� wSi°io CI Intensive Commercial CBD Downtown Commercial RV Recreational Vehicle Park RMH Manufactured Home CR-3 Resort Commercial = � m FR Farm Rural H Historic Overlay N. BP Business Park /.-&&p`' "4^... c� H_ a Subject Property O Owners <<Y �"'�m City Of with 200'buffer in favor S ""^ COrpUS 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition C i 4�l . it r f r,. 9 C US AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: February 13, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW @cctexas.com (361) 826-3595 Rezoning from Farm Rural to Single-Family Residential By The Yorktown Oso Joint Venture Property Address: 7201 Yorktown Boulevard CAPTION: Case No. 0214-03 Yorktown Oso Joint Venture: A change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 22.87-acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives. PURPOSE: The purpose of this item is to rezone the property to allow a single-family residential subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (February 12, 2014): Approval of rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District to allow single- family lots with a minimum of 4,500 square feet in lot area, 45-foot lot widths, and 20- foot front yards. The applicant is proposing to construct three additional phases of the Rancho Vista Subdivision. Rancho Vista Subdivision Unit 10 will consist of 41 lots and Unit 11 will consist of 39 lots. A unit number has not been determined for the last phase, but will consist of 31 lots. The developer has plans to expand Rancho Vista ultimately to the Oso Creek. The "RS-4.5" Single-Family 4.5 District is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. This rezoning does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a low-density residential use. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 Report with Attachments Aerial Map Ordinance amending the Unified Development Code ("UDC") upon application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 22.87-acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application by Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 12, 2014, during a meeting of the Planning Commission, and on Tuesday, March 18, 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 Yorktown Oso Joint Venture, acting as agent on behalf of Related Investors, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 22.87-acre tract of land, more or less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives, from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District (Zoning Map No. 042029), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 0214-03 Ordinance,Yorktown Oso Joint Venture Page 2 of 3 Job No. 393l9.B3./3 URBAN December l6,2013 ENGINEERING Exhibit A STATE 0RTEXAS COUNTY OF N&JECE8 Fio)dootem for u33.87 acre tract of land,more or less,nf Lots 2-4 Section%4and Lots 2A-3l~ Section 25°Flour Bluff and EnoiumiFarm and Garden Tracts,a map of which iu recorded Lu Volume 6,Pages 4\ dou43`of the Map Records ofNmcxeoCounty,Texas;said 22.87 acre tract being more fully described amfollows: Beginning 5/8 inch iron rod with o:d plastic cap stamped"Urban Engr C.C.Tx"found outhe west boundary ot Lot 28"said Section 25.same being onthe east boundary of said Lot 29' Section 25,for the south comer oC Lot 2Q` Block 14,Rancho Vista Subdivision Unit 6,u map of which i*recorded in Volume 67,Pages 726-727'Map Records o[ Nwoous County,Texas,and for the east comer of this tract; Thence,South 28,42'09"West,along the common boundary nf said Lots 2D and 20, said Section 25'273.|5feet for u comer^f this truct' ^ Thence,North 6l"l7^5l"West,579.24 feet for u comer ofthis tract; Thence, South 3O"42`09`^West, V?8.73 feet for a comer of this tract; Thence, South D3°Ol'l0" West, 526.81 feet for a comer of this tract, for the beginning o[u circular curve tothe right whose radius point bears South 8A"44`54"East,565.38 feet and which has m delta angle ofI5,52'30",u radius of 56S.30 feet,a tangent length mf78.83 feet and am arc length of156.65feet; Thence,with said circular curve to the right,nu arc length ofl56.05 feet for the end of this circular curve and for u comer wf this tract; Thence,North 22~36"32^' East, 12?.78feet for u comer of this tract; Thence,North 2A"42'0y"East,2\6.g6 feet for u comer of this tract; Thence,North 6}"1?'28"West,338.3O feet for u corner*f this tract; Thence,South 28°42,32"West, 150.00 feet for u comer o[this tract; Thence,North 61*l7`28"West,270.00feet for the West comer of this tract, Thence,North 28"42'32"East,7V4.44 feet too5/8 inch iron rod with red plastic cap stamped"Urban Engr C.C. Tx-found for u comer*f this tract,for the beginning of a tangent circular curve to the left and which has u delta angle*f 23,58'52"'u radius of360.00 feet,u tangent length nf76.02 feet and xn arc length ofl4A.84feet; Thence,with said tangent circular curve to the left,mm arc length of14V.84 feet iou5/8 inch iron rod with red plastic cap stamped"Urban Engr C.C.Tx"found for the end of this circular curve and for a comer of this tract; Thence,North O4"5l`4l"East,35.18 feet 1uu5/8 inch iron rod with red plastic cap stamped"Urban 8n87C.0 Tx" found for the North comer ofthis tract; Thence,North 89^42`l0r East, l07.28 feet for a comer of this tract; Thence, South 00°l7'50"East, l5.l4 feet for u comer of this tract; Thence,North Q9"42'l0"East,30O.4l feet for o corner mf this tract,for the beginning of a tangent circular curve to the right and which has o delta angle of8P"39`54",a radius ofl0.00 feet,x tangent length*f9.94feet and mu are length of 15.65 feet; Thence, with said tangent circular curve to the right,an arc length of 15.65 feet for the end of this circular curve and for u comer of this tract; (361)854-3101 2726 SVVANTNEQ DA. ° CORPUS CHA|ST[.TEXAS 78404 FAX(361)854-6001 S;\Sv"eyiug\393,9\*a/o\OF/|cmwers8 AND oomvoSFAYMAjrPsane»g.«»m Page/ ^f 2 TKPE Firm#l45 '6" 35.15 feet for u comer ofthis tract, for the beginning of a tangent circular curve to Thence, South the which has u delta angle of2p°Z0'05",o radius of300.00 feet, o tangent length of7O.52 feet and mu arc length of 153,60 feet; Thence, with said tangent circular curve to the right,uu are length oyl53.G0 feet for the end o[this circular curve and for u comer of this tract; Thence, South Z8°42`0p" West, l7.64feet for u comer uf this tract; Thence, South hl"l7`5l° East, l4U.O0 feet tna point wu the Northwest boundary of Lot 23 Block l5,Rancho Vista Subdivision Unit 7,u map uf which is recorded in Volume 68,Pages 83-84, Map Records of Nueces County, Texas and for a comer nf this tract; Thence, South 28,42,V9^`West, along the Northwest boundary o[said Lot 23, Block |5,77.38 feet tmu5/8inch iron rod with red plastic cap stamped"Urban Engr C.C.Tx"found for a comer of this tract; Thence, South 6lvl7`5l"East,along the Southwest boundary of said Lot 23, Block 1S,60.00 feet tou5/8inch iron rod with red plastic cap stamped"Urban Engr C.C. Tx"found on the Northwest boundary of Eliznmdn Drive,mpublic nnmd*my, for a comer of this tract; Thence, South 2#°42'09°West, along the Northwest boundary of said E|izoudo Drive, 85.00feet for u corner of this tract; Thence, South 6lvI7`5l"East,along the Southwest boundary mf said Elizondm Drive,2000 feet tau point outhe Northwest boundary of Lot 6~ Block 17^said Rancho Vista Subdivision Unit 7,for u comer of this tract; Thence, South 2Q,42`89"West,along the Northwest boundary of Lots 6 and 7,said Block )7, |gV.U0 feet iuu point vm the Northwest boundary oF said Lot 7 and for a comer of Idle Hour Drive,u public roadway, for u comer ofthis tract; Thence,North bl"l7"5\°West,along the Northeast boundary of said Idle Hour Drive,20.0Vfeet for a corner nf this tract; Thence, South 28,42`09`West,along the Northwest boundary uf said Idle Hour Drive, }2O.O0 feet for u corner*f this tract; Thence, South 6|°l7`5|"East, along the Southwest boundary of said Idle Hour Drive,20.00 feet tom point outhe Northwest boundary of Lot 26, Block 20,said Rancho Vista Subdivision Unit 7, for a comer of this tract; Tbuuuo South 28'42'09" West, along the Northwest boundary of said Lot 26, Block 20, 85.00 feet tox5/8 inch iron rod with red plastic cap stamped"Urban Engr C.C.Tx"found for a comer of this tract; Thence, South 6|°l7'5 1''East,along the Southwest boundary of Lots 1-5~36-28, said Block 20, Lots 6-\1,Block 20,said Rancho Vista Subdivision Unit 6, Prax Morgan Place,a public roadway,950.00 feet to a point on the South comer of said Prmx Morgan Place, for u corner of this tract; Thence,North 28°42`0y"East, along the Southeast boundary vf said Prmx Morgan Place,28.15 feet twa5/8 inch iron rod with red plastic cap stamped"Urban Engr C.C. Tx"found on the West comer of said Lot 20, Block 14, for a comer of this tract; Thence, South 61"l7"5l,^East, | the Southwest boundary uf said Lot 2O' Block |4` 120.00 feet to the Point of Beginning and containing 22.87 acres(A46,O5Osquare feet)ofland. Bearings based on the recorded plat of Rancho Vista Subdivision Unit 7,a map of which im recorded ioVolume 68, Pages 83-84, Map Records of Nucces County,Texas.No monumentation found or set unless otherwise noted. Unless this Field Notes Description,including preamble,seal and signature,appears in its entirety, in its original 0umo,surveyor assumes oo responsibility orliability for its accuracy. URBAN ENGINEERING w. y:\Sum"yingaVa|9\Vs|3\npncsxw*Tss AND BoDmoS\rwzIB7xom, Page zvr2 EXHIBIT /\ C3 "z3T; 6p�1$0o '11‘ <o � 0, 826 N• CL• _2, U p O 28V1• 'Y W O tI •> -1 0 29 30 1 z, I 32A 33'0 n M N 1� 1 / "-20'Y.R. 1 10 IiL,..---7.5.U.E_ - L10 7.s - 231 24 L12 20' 300 Lot 311, Section 25 e" Lot o a� Tine `o 200 J.E. 25 15 R 26 27 28 Elizondo Drive L14 106 J 7 7 20'Y.R.� 4 3 2 100 0 GRAPHIC SCALE 1 "=200' CC 1 0 s Rancho V sta Subdivision Unit 7 -Vol. 68, Pgs. 83-84, Mop Records of Nueces County, Te 7 8 9 10 11 12 20'Y.R 16 n is '5) ) 6 200 7 8 9 400 10.6 5 Rancho Vista Subdivision 7.5'0.0 Unit 6 Vo. 67, Pgs. 726-727, Map, Records o: Nueces County Texas 7 116 15 14 _13 12 1 20'Y.R t18 Idle Hour Drive 0)26 J 27 i 28 3 §61' 207.6 4 5 6 7 8 9 10 7'51"E 950.00_„-75 t,.F. 0 Yorktown Boulevard 1 C Be�mr St De,;, Grenoble Corpus Christi, Texas Dun P otiro B T J o v'H h Skil-apes-le Dr LOCATION MAP N.T.S. c 0 0) 0 X 0 0 18 Lot 30, Section 25 N61' 17'28"W 270.00' Lot 2, Section 24 N61' 17'28 W 338.30' Lot CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH 01 15'52'30" 565.38' 78.83' 156.65' C2 23°50'51" 360.00' 76.02 1149.84' 03 C4 89°39'54" 29'20'05" 10.00 9.94' 115.65' 300.00' 78.52' 1153.60' ae �Q-boy 22.87 Acres o6 � ,6Th '7' ' 3, Section 24 \ GS` 0?'�G� </C CEJ QY 5 Ne,, o 0 c‘ o e 0 J t e F3° 1r 1O Radius Point Bears 589'44'54"F 565.38' hry6 o „ G 3v Lot 29, Section 75 19 14 7.5'0. E. 201 'Point of Beginning' to 01 0 03 0 010 o `1) O I U o_ v1 0 (1,1 SSA o 0 010, 8 t 5) 0 N N61'17'51"W 579.24' Lot 4, Section 24 Legend: O Fd. 5/8" iron rod with red plastic cap stamped "Urban Engr C.C. Tx" a) 0 I INC BEARING DISTANCE L1 528'42'09"W 170.73' L2 N22°36 32"F 127.78' L3 N28°42'09"E 216 96' L4 628'42'32"W 150.00' [5 N04'51'41"E 35.18' L6 N89'42'10"E 107 28' L7 800'17'50"E 15.14' L8 500'37 56"E 35 15' L9 628'42'09"W 17.64' L10 561'17'51"E 140.00' L11 528'42'09"W 77.38' L12 561'17'51"E 60.00' L13 528'42'09"W 85.00' L14 561'17'51"E 20.00' 115 528'42'09"W 190.00' L16 N61'17'51"W 20.00' L17 S28'42'09"W 120.00' L18 561'1/51"E 20.00' L19 528'42'09"W 85.00' L20 N28°42'09E 28.15' L21 561'17'51"E 120.00' Exhibit B Sketch to Accompany Fieldnotes for 22.87 acre tract of land, more or less, of Lots 2, 3 and 4, Section 24 and Lots 29, 30 and 31, Section 24 flour Bluff and Encino/ Farm and Garden Tract; a map of which is recorded /n Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas. URBAN DATE: Dec. 20, 2013 SCALE: 1"=200' ENGINEERING I JOB NO.: 39319.B3.13 SHEET: 1 of 1 DRAWN BY: XG S:\surveying\39319\11313\L3931 11313.dwg, 12/19/2013 3:30:11 PM, rig, 2725Spontr,r 5<, Caws ow*: IX 78404 /8°C Tim Na 145 I9ti5 rd n No. =woo /54254 (361) 854-3101 F420 (36/) 854-8001 PLANNING COMMISSION FINAL REPORT Case No. 0214-03 HTE No. 14-10000005 Planning Commission Hearing Date: February 12, 2014 a Applicant/Representative: Yorktown Oso Joint Venture o Owner: Related Investors, Ltd. 6 am a Legal Description/Location: Being a 22.87-acre tract of land, more or CL� 5 less, out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and Q°a 6 Encinal Farm and Garden Tracts, located at the ends of Fort Griffen Drive and Prax Morgan Place and south of Laurelas and Idle Hour Drives. From: "FR" Farm Rural District 0 To "RS-4.5" Single-Family 4.5 District •E n Area: 22.87 acres 0 Q Purpose of Request: To allow construction of a single-family residential subdivision. Existing Zoning District Existing Land Future Land Use Site "FR" Farm Rural Vacant Low Density Residential Vacant & Low Low Density U) North "RS-4.5" Single-Family 4.5 Density Residential .E ? Residential 0 N South "FR" Farm Rural Vacant Low Density Residential ' Vacant & Low w East "RS-4.5" Single-Family 4.5 Density Low Density Residential Residential Vacant & Low West "RS-4.5" Single-Family 4.5 Density Low Density Residential Residential Area Development Plan: The subject property is located within the aboundaries of the Southside Area Development Plan (ADP) and is planned c� 0 for a low density residential use. The proposed change of zoning to the ' "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future a o Land Use Plan. Q Map No.: 042029 Zoning Violations: None Transportation and Circulation: The subject property will be platted and y .o local residential streets will be constructed as part of the Rancho Vista Subdivision. This phase of the Rancho Vista Subdivision will have indirect 00 access to Yorktown Boulevard, which is an "A3" Primary-Arterial Divided CL I street. Planning Commission Final Report Case#0214-03 Yorktown Oso Joint Venture Page 2 Urban Proposed Existing Traffic Street Tr Plan Type sportation Section Section (2U1m) L "A3" Prima rY C d Yorktown 130' ROW 140' ROW Blvd. Arterial Divided Street 79' paved 24' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District to allow single-family lots with a minimum of 4,500 square feet in lot area, 45-foot lot widths, and 20-foot front yards. Applicant's Development Plan: The applicant is proposing to construct three phases of the Rancho Vista Subdivision. Rancho Vista Subdivision Unit 10 will consist of 41 lots and Unit 11 will consist of 39 lots. A unit number has not been determined for the last phase, but will consist of 31 lots. Existing Land Uses & Zoning: South of the subject property is vacant land that is zoned "FR" Farm Rural District. An expansion of the Rancho Vista Subdivision is being constructed west and east of the property and is zoned "RS-4.5" Single-Family 4.5 District. North of the subject property is a section of Rancho Vista that is currently occupied by single-family dwellings and zoned "RS-4.5" Single-Family 4.5 District. The developer has plans to expand Rancho Vista ultimately to the Oso Creek. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The proposed change of zoning is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a low-density residential use. Plat Status: The subject property is currently in the process of being platted for a single-family subdivision. Department Comments: • Extension of the Rancho Vista Subdivision is consistent with the adopted Future Land Use Plan and is an appropriate use for this land. • The Zoning Map amendments are consistent with the Comprehensive Plan. • The "RS-4.5" Single-Family 4.5 District is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The Zoning Map amendment does not have a negative impact upon the surrounding neighborhood. Planning Commission Final Report Case#0214-03 Yorktown Oso Joint Venture Page 3 Planning Commission and Staff Recommendation (February 12, 20141 Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. c Number of Notices Mailed — 79 within 200-foot notification area 0 1 outside notification area As of February 13, 2014: Z In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) B n a Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plans KADe IopmentSvcs\SHARED\ZON ING CASES\2014\0214-03 Yorktown Oso Joint Venture(aka Rancho Vista)\Council Documents\0214-03 Zoning Report for CC,Yorktown 0 so Joint Venture.dmx N ice 04� RS - 4 63 4 60 S DVS ~ " 3 N � " m " " � •" o SOS. m -;;33 U" 34� 26 72 ,tom S 62 N p 760, 79 2 71 531 N 32 a 75� 70 / R S 4 5 41 PUD �s 2 59 " N 61„ 24M h 31 o" 50 58 M N 30 18 M19 117 68 23 —97 N n M R 49 0 39" N M gtilp " N F 80 o Q " �$ I M M Jy n 44 , O *64 9 ti 24. 35 N 7 48 �/ o M 8 77 * " a 36 10 411122" m " h 65 F R 66 `52 2 29 m 37 78 73 -40 " 14„ — " 0 " 46 SUBJECT 74 PROPERTY 15 Date Created:112712014 0 400 800 Prepared By:LARRYF Feet Department of Development Services CASE: 0214-03 <.R,o��� ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial DOS Cayo Del Oso RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay SUBJECT �? ON Professional Office RS-10 Single-Family 10 OPERTY RM-AT Multifamily AT RS-6 Single-Family 6 os�iO�r PR yo �y� CN-1 Neighborhood Commercial RS4.5 Single-Family4.5 � CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial 15 CR-2 Resort Commercial RE Residential Single-Family Estate mmmmmmmmmmo `o �Q2jc�F<o. CG-1 General Commercial RS-TH Townhouse oR CG-2 General Commercial SP Special Permit -- -----� I C c BD Intensive Downtown Commercial RMH Manufactured Vehicle Ho e oso c Park __ __� RFF/r CR-3 Resort Commercial FR Farm Rural H Historic Overlay N BP Business Park Subject Property Owners City of with 200'buffer 0 in favor COIPUS 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition Lot 2, Section 24 Flour Bluff and Encinal Farm and Garden Tracts Vol. A, Pgs. 41-43, Mop Records of Nueces County, Texas (Owner Related Investors, Ltd.) Temporory R.O.W. Doc. No. r7 N-T11LJ L nL 50.00 - rn m1 mso.00' Temporary Droinoge' iT Easement Doc. No.▪ 18 IL - 0 5500sf o2 7.5'0.0. (Doc. No. O.R.N.C.T.) _ ▪ 50A2 - - SD.QO'- - _50.00- L 50.00- - - An 00_ _ _ 50110- _ -55.00 - - .50.00_ - - 50.00'_ L 30.02/- - fin n0- - -50.00 7.5'0.0 0 20.0.0. w' 54 55 o 56 57 56 59 5 - 05001 ,_ 0 550091 f 550001 ' 550091 f 660091 550091 Lot 31. Section 25 Flour Bluff and Encina) Farm and Garden Tracts Val. A, Pgs. 41-43, Mop Records of Nueces County, Texas (Owner: Related Investors, Ltd.) N28'42'32"E 784.44' n—buildable Loi) '5'U.E. 23 L Tempprory Droinoge Easement Doc. No. 2013032205, .5 -23'50'51 R=360.00' =76.02' -149.84' 0558 r- - -soma- '11 • _0 18'U.E.wp"'w 0 49 50 3 51 52 53 ▪ 550091 550091 N o� N 550091 f 660091 0 660091 'A m 'A 20'Y.R.o ^ 426'^ 50.00 50.00' 50.00 18 50.00' 1B 50.00 - 216 0 18'U.E,- = • 19 6 20 - 22 ▪ 550091 t 5500sf = n 5500sf m 60.00 50.00' 55.00 Fort Griffen Drive 60.00' ▪ 23 ▪ 6600 50.0D 55.00 50.00 50.0D N2842'32'E 896.68' 50.00' 50.00 898.68' 50.0D' 50.00/ 101.1.0. 10'U. .000. \ 60 60.00' -4 50.00 50.00' 5 2 60550 660091 2D 18' •1A O 18'0.E.»= 55• 00st n = 18 7.5'0.0. - Too -00- -10' - 30'5IT - - -60 00' - -50.30- - -50'00' - Ti0-00- - 52.06•- - T.�O-Da� .- 5'U.E. (Doc. No. o.R.N.CT.) f S28'42'32"L'i 927.48'' Lot 3, Section 24 Flour Bluff and Encinal Farm and Garden Tracts 001. A, Pgs. 41-43, Map Records of Nueces County, Texas (Owners Related Investors, Ltd.) T Lot 50.00 60.00 - o9r • 9 Lot 31 Section 25 Flour Bluff and Encnal Farm and Garden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas (owner: Related Investors, Ltd.) Line 66.00' 5,=2500'22" Rancho Vista Subdivision Unit 5 R=270.00' Vol 67, Pgs. 627-628, T=69.84' Mop Records of Nueces L=136.69' County, Texas Lot 30, Section 25 Flour Bluff and Encinal Form and Garden Tracts Vol. A, Pgs. 41-43, Map Records of Nueces County, Texas (owners Related Investors, Ltd.) 90 60 30 0 60 120 Graphic Scale Plat of Rancho Vista Subdivision Unit 10 6.49 acres of land out of Lot Z Section 24 and Lot 31, Section 25, Hour Bluff and Encino/ Fare and Gorden Tracts o mc, of which is recorded in Vol A, Pgs 41-43 Map Records of Nueces County, Texas CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH C1 29'00'22" 100.00' 25.87' 50.63' C2 29'00'22" 125.00' 32.33' 63.26' C3 29'00'22" 150.00' 38.80' 75.94' C4 90'00'00" 15.00' 15.00' 23.56' IEURBAN\ DATE: Dec. 20, 2013 ENGINEERING SOALE: 1"=60' CORPUS CHRISTI. TEXAS JOB NO.: 39319.83.10 SHEET: 2 of 2 ouil_sZ",s.. »ig, mo, DRAWN BY: XG A =15.52'30"/ R=565.38' T=78.83' L=156.65' I Radius Pont Bears 089'44'54TE 565.38' - -zp1'1O"W 526.81' l7 5'U.E. (Doc. No. 7" / / CURVE DELTA ANGLE RADIUS TANGENT ARC LENGTH C1 90'00'00- 10.00' 10.00' 15.71' C2 90'00'00" 15.00' 15.00' 23.56' C3 30'35'22' 275.00' 75.20' 146.82' C4 30'35'22" 300.00' 82.04' 160.17' C5 30'35'22" 325.00' 88.88' 173.51' C6 53'19'01' 125.00' 62.75' 116.32' C7 53'19'01" 100.00' 50.20' 93.06' C8 53'19'01' 75.00' 37.65' 69.79' / / / / / or LINE BEARING DISTANCE L1 S61'17'51"E 60.00' L2 N61'17'51"W 48.38' L3 671'09'25"E 21.94' L4 S71'09'25"E 16.84' L5 N81'40'05"E 45.91' L6 N55'52'43"E 36.69' L7 655'52'43-W 36.69' L8 581'40'05"N 45.91' L9 N71'09'25"8 38.78' L1D N61'17'51"W 32.16' L11 N61'1751'1N 29.26' L12 N22'36'32"E 22.00' L13 N67'23'28"W 24.00' L14 56723'28"E 24.00' L15 N22'36'32"E 22.00' L16 56723'28"E 39.00' L17 N61'17'51'1/1/ 46.97' ott <o 90 60 30 0 6D 120 Graphic Scale Plat of Rancho Vista Subdivision Unit 11 9.89 acres of land out of Lots 3 and 4, Section 24 and Lots 29 and 30, Section 25, Flour Bluff and Enclnol Farm and Carden Tract% o moo of which is recorded in Vol. A, Pgs. 41-43, Alga Records of Nueces County, Texas. URBAN' DATE: Dec. 20, 2013 ENGINEERING SCALE: 1"=60' CORPUS CHRISTI, TEXAS JOB NO.: 39319.83.14 SHEET: 2 of 2 4.,511r9 s.. »� °moBO DRAWN BY: XG :. z AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: February 25, 2014 TO: Ronald L. Olson, City Manager FROM: Barney Williams, P.E., Interim Director, Development Services Department BarneyW @cctexas.com (361) 826-3595 Closing a portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition CAPTION: Ordinance abandoning and vacating a portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: CC Tower Center, LTD. (Owner) is requesting the abandonment and vacation of a 2,751-square foot portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition, located west of South Alameda Street and south of McKenzie Street. The abandonment and vacation of the utility easement is being requested by the Owner to allow for the future development of the subject property. There are existing public and franchised utilities within the utility easement that will need to be relocated at owner's expense. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49-12, because Owner will be replatting said property and upon replatting will be dedicating utility easements of equal or greater value to off-set the proposed abandonment and vacation of the easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owners' ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-13. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. The City Gas Department has an existing 2- inch gas line within the utility easement that will need to be relocated at owner's expense. AT&T, AEP, and Grande have no objections to the easement closure, but will seek reimbursement if adjustments to their facilities become necessary. None of the other City departments or franchised utility companies had any facilities within said utility easement, or objections to the proposed easement closure. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Nx 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 RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. All the existing public and franchised utilities located within the portion of utility easement to be abandoned and vacated, must be relocated at owner's expense. c. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. d. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. e. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. WHEREAS, CC Tower Center, LTD. ("Owner") has requested the abandonment and vacation of a portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, March 18, 2014 during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 2,751-square foot portion of a 10-foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of CC Tower Center, LTD., ("Owner"), a 2,751- square foot portion of a 10-foot wide utility easement out of Block 903, Fitchue Place Addition, located west of South Alameda Street and south of McKenzie Street, as recorded in Volume 2, Page 14, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit 'A" which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. All the existing public and franchised utilities located within the portion of utility easement to be abandoned and vacated, must be relocated at owner's expense. c. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. d. Prior to the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. e. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor URINILN ENGINEERING Job No.42868.B4.00 January 9, 2014 Utility Easement Closure State of Texas EXHIBIT A County of Nueces FIELDNOTES for a 0.063 Acre, 10 foot wide,utility easement closure,over and across,a portion of a 10' Alley,of Block 903 of Fitchue Place Addition,as recorded in Volume 2,Page 14,of the Map Records of Nueces County,Texas, being adjacent to Lots 7-18 and Lots 49-58 of the said Block 903,said Alley, closed by City of Corpus Christi,City Ordinance#9190 and City Ordinance#020704; said 0.063 Acres,being more fully described by metes and bounds as follows: Commencing,at a 5/8 inch iron rod found,on the Northeast line of 10'b Street,a public roadway, the South comer of Lot 48,of the said Block 903, the West corner of Lot 49,of the said Block 903. Thence,North 58'39'14" East,with the common line of the said lots 48 and 49, 125.00 feet, to the Southwest line of the said 10 foot Alley, for the Point of Beginning and outer ell corner of this tract; Thence,North 58'39'14"East, 5.00 feet, for an inner ell corner of this tract; Thence,North 31°22'44" West, 50.08 feet, for the West corner of this tract; Thence,North 58'39'14"East, 5.00 feet,to the Northeast line of the said Alley, for the North corner of this tract, from whence,a 5/8 inch iron rod found,on the South East line of South Alameda Street,the East corner of Lot 19,of the said Block 903,the North corner of the said Lot 18 bears,North 58'39'14" East, 125.22 feet; Thence, South 31°22'44"East, with the Northeast line of said Alley, 300.17 feet,to the Northwest line of a Lot 1 A, Block 903,Fitchue Place Addition,as recorded in Volume 55, Page 156 of the said Map records, for the East corner of this tract; Thence, South 58'39'14"West,with the Northwest line of the said Lot 1 A, 10.00 feet,for the South corner of this tract,from whence,a 5/8 inch iron rod found,on the said Northeast line of 101 Street,the West corner of the said Lot IA, bears, South 58°39'14" West, 125.00 feet; Thence,North 31°22'44"West,with the Southwest line of the said Alley,250.09 feet,to the Point of Beginning,containing 0.063 acres(2,751 Square Feet)of land,more or less; Bearings based on GPS,NAD83,State Plane Coordinates, Texas South Zone 4205. Unless this fieldnote description, including preamble,seal and signature,appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described her O F•TF �'P�p 5 TFR�o,�' '�• LrRB . ENGINEERIlell--NMN•N------- •••N•NN EITH W.WOOLEY .••NN.N•..N..IN.NN•.N 9 54630 p Keith W.Wooley,R. °. Ess� ~SUaJ�� License No. 5463 \\Urbanfs02\Data\Surveying\42868\B400\OFFICE\METES AND BOUNDS losure.docx (361)854-3101 2725 SWANTNER DR. . CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 .TBPLS Firm# 10032400 • South Alameda Street Lot 20 Lot 19 N5 5399 14"E --i Fd 5/8" I Lot 18 Lot 17 10' Wide Alley (Closed by -Ordnance No. 020704) I of 45 Lot 46 • T 5008' N58' 9'14'E 5,e Lot 47 Lot 16 Lot 15 Lot 13 Lot 14 Lot 12 Block 903 Fitctue Place Ad ition Vol 2, Pg. 14, ap Record a Nueces Cou ty, Texos (Owner: CC TOWER CE TER LTD) S31'22'44"E 10' Utility Eosement Closure 300.17' 0.063 Acres 2.751 Sq. Ft. Lot 11 Lot 10 Lot 9 10' Wide Alley (Closed by Ordinance No. 9190) Lot 8 Lot 7 —S58'39'"W 10.00' Lot 48 oint of Beginning Lot 49 /Point Ed 5/816 Lot 50 Common N Lot 51 Lot 52 1.22'44 250.09' Lot 53 Block 903 Fitchue Ploce Addition Vol. 2, Pg. 14, Mop Record of Nuece County, Texas t (Ow er: CC TOWS CENTER LTD) 10th Street EXHIBIT B Lot 54 Lot 55 Lot 56 Lot 57 O 0 Lot 58 Fd. 5/8" IR. Sketch to Accompany FIELONi1ES for o 10 foot r Yy ut easement closure OW and arida o Closed May, City 9117 and fy Orlin e /91fRc/xa Place Addition, o map of is recorded in Volume 2, Page /4, lap Records of Nueces Count, Texas" 11 URBAN ENGINEERING SU a AIMxr 9r R llII �rrrrw OMINC•ON) OWN/ lAr (7400-60/ DATE: JAN. 9, 2014 SCALE: 1...30' JOB NO.: 42868.84.00 SHEET: 1 OF 1 DRAWN BY: RLG SASurverng\42868\8400\Exhibit 42868B30294t,,243/ ebtelOeigOidptglg US _ AGENDA MEMORANDUM Action Item for the City Council Meeting of March 18, 2014 1§52 DATE: March 5, 2014 TO: Ronald L. Olson, City Manager FROM: Saundra K. Thaxton, Assistant Director of Strategic Management saundra@cctexas.com 361-826-3682 Confirming Barney L. Knight as Interim City Attorney and approving an agreement. CAPTION: Motion confirming Barney L. Knight as Interim City Attorney and approving an agreement with Barney L. Knight of Knight & Partners, Attorneys at Law, for a period of one calendar month with an option to extend for up to three additional calendar months for a fee of$16,000 a month. PURPOSE: City Council must confirm Barney L. Knight as Interim City Attorney and approve the associated agreement for services. BACKGROUND & FINDINGS: See attached resume. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Future 2013-2014 (CIP only) Current Year Years TOTALS Line Item Budget Up to $64, 000 0 $64,000 Encumbered / Expended Amount This item BALANCE Fund(s): General Fund, City Attorney Operating Budget Comments: none RECOMMENDATION: Approval of Motion as presented. LIST OF SUPPORTING DOCUMENTS: Agreement and Resume of Barney L. Knight Barney L. Knight Knight & Partners Attorneys at Law Executive Office Terrace 223 West Anderson Lane, Suite A105 Austin, Texas 78752 Telephone: (512) 323-5778 Fax: (512) 323-5773 E-mail: barney @cityattorneytexas.com Education: Temple College(A.A.) The University of Texas at Austin(B.A., J.D.) Texas State University(M.P.A.) Professional Experience: Knight & Partners, Attorneys at Law. Partner engaged in the practice of municipal law and representation of local governments. Primary clients include numerous cities, groundwater district, special districts and related public entities and agencies. [February 2014- ] McKamie Krueger & Knight, LLP, Attorneys at Law. Partner engaged in engaged in the practice of municipal law. Primary clients include numerous cities served as city attorney, Texas counties, cities, municipal retirement system, special districts and related public entities. [May 2012-January 2014] Knight& Partners, Attorneys at Law. Partner engaged in the practice of municipal law and public finance. Primary clients include numerous cities served as city attorney, Texas counties, cities, municipal retirement system, special districts and related public entities. [June 1995 to May 2012] Bickerstaff, Heath & Smiley, Austin. Partner engaged in the representation of cities and counties on a state-wide basis. [Oct. 1989 to June 1995] City of Austin, Texas -- 1985 to 1989. Deputy City Attorney [March 1985 - October 1986]; Acting Assistant City Manager [June 1985 -July 1986]; City Attorney [October 1986 - September 1989]; Acting Assistant City Manager [November 1987 - January 1989]; Acting City Manager [January 1989 -March 1989]; Acting Assistant City Manager [March 1989 -August 1989]; served as Interim Director of Emergency Medical Services, Interim Administrator of Brackenridge Hospital, and as a member of the Hospital Board. City of Temple, Texas -- 1974 to 1985. City Attorney [March 1974 -March 1978]; Assistant City Manager [Mar. 1977 -Dec. 1978]; City Manager [Dec. 1978 -Mar. 1985]. Monteith, Baring and Nester, Houston. Attorney [July 1969 to Mar. 1974]. Attorney engaged primarily in construction,finance, real estate development and litigation. Legal Experience: Extensive experience in municipal law and local government, home-rule charters, economic development, public contracting and procurement, real estate, construction, finance, ethics, open meetings and records; frequent involvement in general business and corporate law; working experience in every phase of municipal finance, bonds, short term notes, certificates of participation and obligation, conduit financings, assessments and industrial revenue bonds; and other public financing, including lease-purchase financing, establishing that home-rule cities can finance low and moderate income housing with tax obligations, and utilizing tax increment financing to finance industrial parks and development. Litigation in every level of state court, federal district court, and the appeals courts in a variety of cases has included the litigation of complex construction cases on subjects from roadways, to water and sewage treatment plants, to nuclear power plants. Other subjects of litigation experience include: water rights; coal and gas contracts; antitrust; complex contract disputes; tort claims; legal malpractice; election and voting issues, inverse condemnation and open meeting violations. That litigation experience has included electric utility and telecommunication rates; the litigation of franchise, annexation, subdivision, land development regulation, nuisances and personal injury cases; and the condemnation of property for airports, highways, and utilities. Current practice focuses on service as general counsel for cities and public agencies. Licensed to Practice: Supreme Court of the United States. United States Court of Appeals for the 5th Judicial Circuit.. United States District Court,Western District of Texas. The Supreme Court of Texas. Memberships: Texas Bar Association, Texas City Attorneys' Association, Texas City Managers' Association, International City Managers' Association Selected Awards & Honors: Distinguished Masters of Public Administration Alumnus, Southwest Texas State University, February 1999. Texas City Management Association designated certified public management scholarship the "Barney L. Knight Texas CPM Scholarship", July 1998. Distinguished Alumnus and Service Award,Masters of Public Administration Advisory Council, Southwest Texas State University, June 1993. President, SWTSU Public Administration Alumni Association, 1990-1994. Most Accessible Award,by the Austin Press Corps, March, 1988 Champion Award for Organizational Excellence,presented by the City Manager of the City of Austin, May, 1985 Best Friend Award,by Friends of Temple Public Library, April, 1984 Public Service Award, presented by the Plaza Forum (Temple Senior Citizen Organization), June, 1984 PI ALPHA ALPHA,National Honor Society for Public Affairs and Administration,Nov. 1982 Temple's Boss of the Year, presented by Temple Jaycees, January, 1982 Selected Example Papers Presented and Published: CREATIVE ECONOMIC DEVELOPMENT: Maximizing Authority,Flexibility and Support, TML Texas Town& City, June 1991 TEXAS CITYMANAGEMENTASSOCIATIONANNUAL CONFERENCE, Laredo, Texas 1987; "Capital Recovery Fees/Creative Financing" BASIC CITY MANAGEMENT DEVELOPMENT COURSE, The Texas Foundation for the Improvement of Local Government, Texas A&M University, 1985; "What City Managers Should Know About Texas Law" A SYMPOSIUM OF LAND USE CONTROL PROBLEMS OF LOCAL GOVERNMENTIN AREA S OF RAPID ECONOMIC DEVELOPMENT, SWTSU, 1982; the Legal Parameters of Land Use Control. "Reasonable Use of Police Power in Land Use Control Ordinances" ASIA REGION VIII CONFERENCE, Las Vegas 1984; "The Selection and Use of Consultants" TCMA ANNUAL CONFERENCE, Austin, Texas, 1985; "Application of Employment at Will in a Modern Personnel Management Program" CENTRAL TEXASREGIONAL WATER UTILITIES SHORT SCHOOL, Waco, 1982; "Employee Motivation and Development" TML BIG CITYRISKMANAGEMENT SEMINAR, 1986 Houston, 1987 Austin; "Risk Management as an Interdepartmental Issue" Knight & Partners Attorneys at Law & Barney ame y *W-. (512)323.5776 Enwutive oEfico'kime Paige Harbison Ue= Fax: (512)323.5773 Bradford R Bullock ,vww.cityattmeytexas.com 223 west Anderson Lane,Suite AA 05 Barbara Boulware-Wells a=meys@cityattoroeyumu.com Austin,Thas 78752 Jeffrey T.Ulmann February 28, 2014 Ronald L. Olson City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Service as Interim City Attorney Dear Mr. Olson: This letter confirms an agreement that, effective as of March 1, 2014, Barney L. Knight of Knight & Partners, Attorneys at Law, will begin service as the Interim City Attorney of the City of Corpus Christi. The initial terra of this Agreement for service as Interim City Attorney will be for a term of one calendar month. The City Manager may extend the term of this agreement for a period of up to an additional three calendar months. The City Manager may also terminate the agreement at any time in his sole discretion. This agreement is subject to City Council confirmation. The fee for services provided by Barney Knight as Interim City Attorney will be $16,000 per month. In addition to the monthly fee, the City will, at its expense, provide Knight with a furnished apartment during the term of this agreement. Excluding the apartment, the monthly fee shall be inclusive of the travel and related out of pocket expenses incurred by Knight. I recognize that an appropriate working environment is particularly important during an interim assignment. During my service I will provide interim leadership for the City Attorney's Department, supervise and manage the City Attorney's Department and provide legal advice and opinions as are commonly provided by a city attorney. I will also: (a) coordinate closely with you, and others selected to conduct a comprehensive )review of the City Attorney's Department and its personnel, (b) observe and examine the structure, function, performance, personnel and organization of the City Attorney's Department and provide recommendations to the City Manager for improvement, (c) consult with and be directed by you; and (d) not take action regarding personnel without your review and approval. I look forward to working with you, the City Attorneys Department, City Council and the entire staff. 4 Ac p and Ve truly yours R I.. Olson Barney L; Knight L, ? f wr.ti v Ga 0 'g0ORPQRR1 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] -3- 40514045.2 PASSED, ADOPTED AND APPROVED on this the 18'h 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 1, 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 SEAL) 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 Ga Jffi AGENDA MEMORANDUM CORPOR 1 o First Reading for the City Council Meeting of February 25, 2013 1851 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: ................... Original Contract 6,950,000„00 M2012-014 Janua 17, 2012 Chan.e Order No, 1 49,999.00 Administrative A royal Aril 18, 2013 Amendment No. 1 $125,000.00 Ord, 029830 Ma 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 of Wot,]Ik Nb. 2 Project ar City Fadffitiii es (I1211ase '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 setpolnt adjust capabilities at the thermostat. 2. Also includes Direct Digital Controls (DDC) similar to Phase 1, 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 1. Replace control valves for cooling towers and chiller isolation In CHW Plant 11, Replace control valve actuators for boiler isolation and bypass valve ffl. 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 I & 2 Ix, Replace desiccant wheels on DAHU 1 8L 2 x. Repair damaged Supply/OSA ductwork on DAHU I & 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 vi. 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 11/2" 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 61A" 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: McKinstry 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°x"0 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 NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant NSA 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 Facilities Energy Conservation, Phase 2 Project No. E13143 Invoice No. 12345 Invoice Date: Total Amount Previous Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Total Percent nvoice Complete $o $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 0 0 0 0 0% 0% $o $o $o 50 $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 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD $o,: N$o $o $o $0 $0 $0 0%j 0%l Summary of Fees Basic Services Fees Additional Services Fees 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% Energy Efficiency Retrofit of City Facilities - Phase 2 Corpus Chr'sti 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 Christi 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 Christi Engineering z 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 Christi Engineering 5 Project Cost and Payback Corpus Christi 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 Christi Engineering FUNDS AVAILABLE: Energy Efficiency New Certificates of Obligation, Phase 2 Green Energy Rebates from AEP TOTAL AVAILABLE: 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. AMOUNT $ 8,950,000.00 $ 32,326.50 $ 8,982,326.50 $ 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 Christi 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 ti� ti" 'ti) titi" ti? °, OCG ate ((�� mat P�� baa ��� ��\ �� `�� O`, Baseline Target Actual 30,000 25,000 20,000 15,000 10,000 5,000 Corpus Christi Engineering OeG <<�� fat p�C baa •)•.(��\ v-`)% Se2 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 Christi Engineering 554 cars removed from the roads 10 �pma�=gym AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep @cctexas.com (361) 826-3227 Approval of Financing for Phase 2 of Energy Projects CAPTION: A. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014. B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" in an amount not to exceed $9,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. PURPOSE: The purpose of this agenda item is to provide financing needed in order to execute Amendment No. 2 for energy services with McKinstry Essention for work associated with Phase 2 of the retrofit assessment of the City's major facilities and energy audit. BACKGROUND AND FINDINGS: As part of a $2,507,500 grant received from the Energy Efficiency and Conservation Block Grant Program, the City of Corpus Christi is required to conduct energy audits and retrofits of selected municipal buildings and selected facilities and infrastructure. Energy Savings Phase 1 was completed in 2013, and the City is moving forward with Phase 2. Phase 2 includes 76 facilities, implementing a comprehensive strategy to continue to reduce energy and water consumption, as well as completing a city-wide Building Automation System at a cost of$7,709,592. Energy and water efficiency applications will be implemented at City Hall, Police and Courts, the Science and Art Museums, Libraries, Community Centers, Fire Stations, Convention Center, Park and Recreations, Marina, Gas Department, Water Department and City Administration's Frost Bank. In order to finance this project, several different financing tools were examined. Upon consultation with the City's financial advisor and bond counsel, Public Property Finance Contractual Obligations (PPFCO's)were identified as the most cost effective financing tool for this project, as was the case with Phase 1 . Public Property Finance Contractual Obligations are authorized under Subchapter A, "Public Property Financing Act", Chapter 271 of the Local Government Code and are used to finance personal property and equipment acquisitions for a term not to exceed 25 years. "Personal property" includes appliances, equipment, facilities, and furnishings, or an interest in personal property; or material and labor incident to the installation of that personal property. It does not include real property. Based on a review of the attached list of projects, bond counsel concluded that approximately 95% of the projects qualify to be funded with PPFCO's. Building envelope improvements, which are approximately 5% of the project ($379,360 of the total project amount of $7,709,592) do not qualify. This includes the installation of weather stripping, chalking, sealants, etc. around buildings to reduce infiltration and exfiltration. Funding for the excluded portion will come from either the City's operational budget orfrom other general obligation debt. Execution of Public Property Finance Contractual Obligations is similar to other debt the City issues. A financial advisor is utilized for the transaction, and appointment of M. E. Allison & Co., Inc. is being recommended in Part A of this agenda item. Part B of this agenda item authorizes the issuance of the Public Property Finance Contractual Obligations and is structured as a parameter -similar to the City's most recent debt financings. The parameter ordinance authorizes the City Council to delegate to the Mayor, City Manager, and Assistant City Managerfor General Government and Operations Support (i.e., "Authorized Representatives") the authority to effect the sale of the Contractual Obligations subject to the following parameters: (1) the principal amount of each series of the Obligations may not exceed $9,000,000; (2) none of the Obligations shall bear interest at a rate greater than 7% per year; and (3) the Obligations must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the Contractual Obligations to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Due to the size of this transaction, it is being structured as a privately-placed loan — meaning that our financial advisor will be soliciting bids to financial institutions. As a result, no underwriters will be needed for this transaction. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Engineering Services FINANCIAL IMPACT: PART B: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - -This item - $ 9,000,000 $ - $ 9,000,000 BALANCE - $ 9,000,000 $ - $ 9,000,000 FUND(S): Fund 3163 Energy Effncy CIP 2014 PPFCO COMMENTS: Although the project is budgeted at $7,709,592, the amount authorized in the parameter ordinance is an amount not to exceed $9,000,000 to cover other costs included in the project budget including consultant fees, reimbursements, and contingencies. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Fee Schedule Summary of Projects Ordinance DRAFT 2/26/14 ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2014" IN AN AMOUNT NOT TO EXCEED $9,000,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE CONTRACTUAL OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE,AND DELIVERY OF THE CONTRACTUAL OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE CONTRACTUAL OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of the Public Property Finance Act, as amended, Texas Local Government Code, Subchapter A of Chapter 271 (the Act), the City Council (the City Councio of the City of Corpus Christi, Texas (the City and/or Issuer) is authorized and empowered to execute,perform, and make payments under contracts with any person for the use, acquisition, or purchase, or the financing thereof, of personal property; WHEREAS, in accordance with the provisions of the Act, the City Council hereby finds and determines that the acquisition, use, or purchase, or the financing thereof, of certain items of personal property identified in Exhibit A attached hereto, or such other personal property, appliances, equipment, furnishings, or interests therein, considered by the City Council to be necessary, useful, and/or appropriate for purposes of the Issuer, as evidenced by a resolution or ordinance adopted by the City Council, should be financed under and pursuant to one or more contracts to be executed, performed, and made on the terms and in the form hereinafter prescribed; WHEREAS, the City Council hereby finds and determines that the issuance of the contractual obligations is in the best interests of the residents of the Issuer; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. Contractual obligations of the Issuer shall be and are hereby authorized to be issued in the aggregate principal 40511184.2 amount of .. ...... wwwwww................. . .. _ .A,,,,, __ THOUSAND AND NO 1100 DOLLARS ($�, to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2014"(the Obligations), for the purpose of providing funds for(1) the acquisition of personal property and equipment related thereto, including a new energy management and control system on a City-wide basis, and (2)the payment of professional services related to the acquisition and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, particularly Subchapter A, Chapter 271, as amended, Texas Local Government Code, the City's Home Rule Charter, and an ordinance adopted by the City Council on March 25, 2014. As authorized by Chapter 1371, as amended, Texas Government Code (Chapter 1371), the Mayor of the City, the City Manager of the City, and the Assistant City Manager for General Government and Operations Support(each of the foregoing, individually, an Authorized Official) are hereby authorized, appointed, and designated as the officers of the Issuer authorized to individually act on behalf of the Issuer in selling and delivering the Obligations authorized herein and carrying out the procedures specified in this Ordinance, including the further designation of the Contractual Obligations by series and by year, approval of the aggregate principal amount of each maturity of the Obligations, the redemption provisions therefor, the Dated Date thereof, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Official, acting for and on behalf of the Issuer, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Obligations shall be issued in the principal amount not to exceed $ ; the maximum maturity of the Obligations will be March 1, 20_; and the net effective per annum interest rate shall not exceed a rate greater than % per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Official is authorized to select the bond insurer, if any, with respect to the Obligations. The execution of the Approval Certificate shall evidence the sale date of the Obligations by the Issuer to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Obligations shall not be delivered unless prior to their initial delivery, the Obligations have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates Dated Date. The Obligations shall be issued as fully registered obligations, without coupons, shall be dated March 1, 2014 (the Dated Date) and shall be issued in denominations of $100,000 or any integral multiple of $5,000 in excess thereof (within a Stated Maturity), shall be lettered "R-" and numbered consecutively from one (1) upward and principal shall become due and payable on March 1 in each of the years (the Stated Maturities) and in the amounts and bear interest at the rates per annum in accordance with the following schedule: 40511184.2 2 Years of Payment Dates Principal Amounts M Interest Rates(%) The Obligations shall bear interest on the unpaid principal amounts from the Closing Date (hereafter defined), or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity or prior redemption, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Obligations shall be payable on March 1 and September 1 in each year, commencing September 1, 2014 (the Interest Payment Date), while the Obligations are Outstanding. SECTION 3: Payment of Obligations - Paving Agent/Registrar. The principal of, premium, if any, and the interest on the Obligations, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable, without exchange or collection charges to the Holder (as hereinafter defined), appearing on the registration and transfer books maintained by the Paying Agent/Registrar(hereinafter defined), in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Obligations shall be without exchange or collection charges to the Holder of the Obligations. The selection and appointment of , to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Obligations is hereby approved and confirmed, and the Issuer agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Obligations, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit B hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the Issuer may prescribe. The Issuer covenants to maintain and provide a Paying Agent/Registrar at all times while the Obligations are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. 40511184.2 3 The Issuer reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the Issuer agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Obligations by United States mail, first-class postage prepaid,which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Obligations, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable only to the registered owner of the Obligations appearing on the Security Register (the Holder or Holders) maintained on behalf of the Issuer by the Paying Agent/Registrar as hereinafter provided (i)on the Record Date (hereinafter defined) for purposes of payment of interest on the Obligations, (ii)on the date of surrender of the Obligations for purposes of receiving payment of principal thereof at the Obligations' Stated Maturity or upon redemption of the Obligations, and (iii)on any other date for any other purpose. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of an Obligation for purposes of receiving payment and all other purposes whatsoever, and neither the Issuer nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Obligations shall be payable only upon presentation and surrender of the Obligations to the Paying Agent/Registrar (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar), at its corporate trust office. Interest on the Obligations shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Obligations (the Record Date) and shall be paid (i)by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii)by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Obligations shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Obligations was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty(30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of an Obligation appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 40511184.2 4 SECTION 4: Redemption. A. Optional Redemption. The Obligations having Stated Maturities on and after March 1, 20 shall be subject to redemption prior to Stated Maturity, at the option of the Issuer, on March 1, 20 or on any date thereafter, in whole or in part, in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par plus accrued interest to the date of redemption. B. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Obligations (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the Issuer shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Obligations, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the Issuer to exercise the right to redeem Obligations shall be entered in the minutes of the governing body of the Issuer. C. Selection of Obligations for Redemption. If less than all Outstanding Obligations of the same Stated Maturity are to be redeemed on a redemption date,the Paying Agent/Registrar shall select at random and by lot the Obligations to be redeemed, provided that if less than the entire principal amount of an Obligation is to be redeemed, the Paying Agent/Registrar shall treat such Obligation then subject to redemption as representing the number of Obligations Outstanding which is obtained by dividing the principal amount of such Obligation by$5,000. D. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Obligations, a notice of redemption shall be sent by United States Mail, first-class postage prepaid, in the name of the Issuer and at the Issuer's expense, by the Paying Agent/Registrar to each Holder of an Obligation to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i)specify the date of redemption for the Obligations, (ii) identify the Obligations to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Obligations, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Obligations, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If an Obligation is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Obligation (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Obligations (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Obligations (or the principal amount thereof to be redeemed) called for 4651 11 84.2 5 redemption shall cease to accrue, and such Obligations shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may also be published once in a financial publication,journal, or reporter of general circulation among securities dealers in the City of New York,New York(including,but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including,but not limited to, The Texas Bond Reporter). E. Transfer/Exchange of Obligations. Neither the Issuer nor the Paying Agent/Registrar shall be required to transfer or exchange any Obligation during a period beginning forty-five (45) days prior to the date fixed for redemption of the Obligations or to transfer or exchange any Obligation selected for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of an Obligation which is subject to redemption in part. SECTION 5: Execution - Registration. The Obligations shall be executed on behalf of the Issuer by its Mayor under the seal of the Issuer reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Obligations may be manual or facsimile. Obligations bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the Issuer shall bind the Issuer, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Obligations to the Purchasers (hereinafter deemed), all as authorized and provided in Chapter 1201, as amended,Texas Government Code. No Obligation shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Obligation either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Obligation shall be conclusive evidence, and the only evidence, that such Obligation has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Obligations - Predecessor Obligations. Security Register relating to the registration, payment, transfer, or exchange of the Obligations shall at all times be kept and maintained by the Issuer at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Obligations issued under and pursuant to the provisions of this Ordinance. Any Obligation may, in accordance with its terms and the terms hereof, be transferred or exchanged for Obligations of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Obligation to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Obligation at the corporate trust office of the Paying Agent/Registrar, the Issuer shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Obligations of 405111841 6 authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Obligation or Obligations surrendered for transfer. At the option of the Holder, Obligations may be exchanged for other Obligations of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Obligations surrendered for exchange upon surrender of the Obligations to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Obligations are so surrendered for exchange, the Issuer shall execute, and the Paying Agent/Registrar shall register and deliver, the Obligations to the Holder requesting the exchange. All Obligations issued upon any transfer or exchange of Obligations shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the Issuer, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Obligations surrendered upon such transfer or exchange. All transfers or exchanges of Obligations pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Obligations canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Obligations, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Obligation or Obligations registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Obligations shall include any Obligation registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Obligation which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Obligation. SECTION 7: Initial Obligations. The Obligations herein authorized shall be initially issued as a single fully registered Obligation in the aggregate principal amount of $ with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1 (the Initial Obligations), and the Initial Obligations shall be registered in the name of the Purchasers or the designee thereof. The Initial Obligations shall be the Obligations submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Obligations to the Purchasers, the Paying Agent/Registrar, pursuant to written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Obligations delivered hereunder and exchange therefor definitive Obligations of like kind and of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates, and shall be lettered "R" and numbered consecutively from one (1) upward, for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with and pursuant to such written 40511184.2 7 instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8: FORMS. A. Forms Generally. The Obligations, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Obligations shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Obligations, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the Issuer or determined by the officers executing the Obligations as evidenced by their execution thereof. Any portion of the text of any Obligation may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Obligation. The definitive Obligations shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Obligations as evidenced by their execution thereof, but the Initial Obligation(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 405111 84.2 8 B. Form of Definitive Obligation. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces,Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2014 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: March 1, 2014 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi, Texas (the Issuer), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year commencing September 1, 2014. Principal on this Obligation shall be payable to the Registered Owner hereof (the Holder),upon presentation and surrender(provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar,who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar), at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Obligation (or one or more Predecessor Obligations, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in 40511184.2 the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. This Obligation is one of the series specified in its title issued in the aggregate principal amount of$ (the Obligations) pursuant to an ordinance adopted by the City Council of the Issuer(the Ordinance), for the purpose of providing funds for(1)the acquisition of personal property and equipment related thereto, including a new energy management and control system on a City-wide basis, and (2)the payment of professional services related to the acquisition and financing of the aforementioned projects; and, all in conformity with the laws of the State of Texas, including Subchapter A, Chapter 271, as amended, Texas Local Government Code, Chapter 1371, as amended, Texas Government Code, the City's Home Rule Charter, and the Ordinance. As specified in the Ordinance, the Obligations having Stated Maturities on and after March 1, 20_shall be subject to redemption prior to Stated Maturity, at the option of the Issuer, on March 1, 20_or on any date thereafter, in whole or in part in principal amounts of$5,000 or any integral multiple thereof(and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty(30) days prior written notice being given by United States mail, first-class postage prepaid,to the Holders of the Obligations to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Obligation is subject to redemption prior to Stated Maturity and is in a denomination in excess of$5,000, portions of the principal sum hereof in installments of$5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Obligation to the Paying Agent/Registrar at its corporate trust office, a new Obligation or Obligations of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Obligation(or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption has been duly given, then upon such redemption date this Obligation(or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. If this Obligation is called for redemption, in whole or in part, the Issuer or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Obligation within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Obligations of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the Issuer within the limitations prescribed by law. 40511184.2 10 Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Obligations; the terms and conditions relating to the transfer or exchange of the Obligations; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the Issuer and the Paying Agent/Registrar; the terms and provisions upon which this Obligation may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Obligation, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Obligations of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register(i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Obligation as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and(iii) on any other date as the owner hereof for all other purposes, and neither the Issuer nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment(a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Obligation in order to render the same a legal, valid, and binding obligation of the Issuer have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that the issuance of the Obligations does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Obligations by the levy of a tax as aforestated. In case any provision in this Obligation or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and 405111841 11 provisions of this Obligation and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the Issuer has caused this Obligation to be duly executed under its official seal. CITY OF CORPUS CHRISTI,TEXAS By Mayor ATTEST: City Secretary (CITY SEAL) 40511184.2 1. C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Obligations Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Obligation has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this _..... .un..,..m.. ._.�......................._�.., Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Obligations. D. Form of Certificate of Paving Agent/Registrar to Appear on Definitive Obligations Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Obligation has been duly issued under the provisions of the within-mentioned Ordinance; the Obligation or Obligations of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: , as Paying Agent/Registrar By: Authorized Signature 4051 t 184.2 1 E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Obligation on the books kept for registration thereof,with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Obligation in every particular. Signature guaranteed: F. The Initial Obligations shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single fully registered Initial Obligation shall be modified as follows: (i) immediately under the name of the Obligation(s) the headings "Interest Rate "and"Stated Maturity "shall both be completed"as shown below"; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the Issuer), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof,the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: 40511184.2 14. Years of Payment Dates Principal Amounts M Interest Rates (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to be February 23, 2012) or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on March 1 and September 1 of each year, commencing September 1, 2014. Principal of this Obligation shall be payable to the Registered Owner hereof(the Holder), upon presentation and surrender(provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar), at the corporate trust office of (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Obligation whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. G. Insurance Legend. If bond insurance is obtained by the Issuer or the Purchasers for the Obligations, the Definitive Obligations and the Initial Obligations shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i)the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor of the City, the City Manager of the Issuer, and the Assistant City Manager for General Government and Operations Support and/or the City Secretary. 46511184.2 1 B. The term Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. C. The term City shall mean the City of Corpus Christi, Texas located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the City Council of the City. D. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the Issuer as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. E. The term Depository shall mean an official depository bank of the Issuer. F. The term Government Securities, as used herein, shall mean(i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or(iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Obligations. G. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Obligation. H. The term Interest Payment Date shall mean the date interest is payable on the Obligations, being March 1 and September 1 of each year, commencing September 1, 2014, while any of the Obligations remain Outstanding. I. The term Obligation Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. J. The term Obligations shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2014" authorized by this Ordinance. 46511184.2 16 K. The term Ordinance shall mean this ordinance finally adopted by the City Council of the City on March 25, 2014. L. The term Outstanding when used in this Ordinance with respect to Obligations shall mean, as of the date of determination, all Obligations issued and delivered under this Ordinance, except: (1) those Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Obligations for which payment has been duly provided by the Issuer in accordance with the provisions of Section 21 of this Ordinance; and (3) those Obligations that have been mutilated, destroyed, lost, or stolen and replacement Obligations have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Obligations named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Obligations payable on March 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Obligation Fund—Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Obligations, there shall be and is hereby created a special Fund to be designated "PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS, SERIES 2014, INTEREST AND SINKING FUND" (the Obligation Fund), which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the Issuer are hereby authorized and directed to make withdrawals from the Obligation Fund sufficient to pay the principal of, premium, if any, and interest on the Obligations as the same become due and payable and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Obligation Fund an amount sufficient to pay the purchase price or the amount of principal and/or interest stated to mature on the Obligations, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Obligations. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any Fund created and established by this Ordinance, at the option of the Issuer,may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book-entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the 40511184.2 17 United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such Fund will be available at the proper time or times. All interest and income derived from deposits and investments in such Fund shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Obligations. SECTION 11: Tax Lew. To provide for the payment of the Debt Service Requirements on the Obligations being (i)the interest on the Obligations and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Obligations or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the Issuer, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Obligation Fund and are thereafter pledged to the payment of the Obligations. The City Council hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the Issuer for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the Issuer. SECTION 12: Deposits to Obligation Fund Surplus Obligation Proceeds. The Issuer hereby covenants and agrees to cause to be deposited in the Obligation Fund prior to a principal and interest payment date for the Obligations, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Obligations as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Obligations shall be deposited to the Obligation Fund. In addition, any surplus proceeds from the sale of the Obligations, including investment income thereon, not expended for authorized purposes, as described in Section 1 hereof, shall be deposited in the Obligation Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security of Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. 40511184.2 18 SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly that in the event the Issuer(a) defaults in the payments to be made to the Obligation Fund or(b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Obligations shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the Issuer and other officers of the Issuer to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders ---- Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Obligations surrendered for payment, transfer, redemption, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The Issuer may at any time deliver to the Paying Agent/Registrar for cancellation any Obligations previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Obligations so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Obligations held by the Paying Agent/Registrar shall be destroyed as directed by the Issuer. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Obligations. If(1) any mutilated Obligation is surrendered to the Paying Agent/Registrar, or the Issuer and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Obligation, and (2)there is delivered to the Issuer and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent/Registrar that such Obligation has been acquired by a bona fide 4051 1 184.2 1, purchaser, the Issuer shall execute and,upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same Stated Maturity and interest rate and of like tenor and principal amount,bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Obligation has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Obligation, pay such Obligation. Upon the issuance of any new Obligation or payment in lieu thereof under this Section, the Issuer may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses and charges (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Obligation issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Obligations. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Obligations. SECTION 18: Sale of Obligations -- Authorization of Purchase Contract. The Obligations authorized by this Ordinance are hereby sold to , (the Purchasers, and having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter dated , 2014 (the Purchase Contract) attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Obligation shall be registered in the name of . The pricing and terms of the sale of the Obligations are hereby found and determined to be the most advantageous reasonably obtainable by the Issuer. Each Authorized Official is hereby authorized and directed to execute the Purchase Contract for and on behalf of the Issuer and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the Issuer contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the Issuer. Delivery of the Obligations to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance,upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds from the sale of the Obligations shall be applied as follows: (1) Accrued interest (in the amount of $ ), received from the Purchasers shall be deposited into the Obligation Fund. (2) The balance of the proceeds derived from the sale of the Obligations(after paying costs of issuance) shall be deposited into the special acquisition and/or 40511184.2 20 construction account or accounts created for the projects to be constructed with the proceeds of the Obligations. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Obligations pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax-Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Obligations. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Obligations are invested and which is not acquired to carry out the governmental purposes of the Obligations. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Obligations. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and 40511184.2 2.1 (2) the Obligations means the yield on the Obligations, calculated pursuant to Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The Issuer shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Issuer receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Obligation, the Issuer shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall at all times prior to the last Stated Maturity of Obligations: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds of the Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity(including the United States or any agency, department and instrumentality thereof) other than a state or local government,unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Obligations or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the Issuer or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall not use Gross Proceeds of the Obligations to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (i)property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (ii) capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (iii) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired,constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. 40511184.2 22 E. Not to Invest at Higher Yield. Except to the extent that it will cause the Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not at any time prior to the final Stated Maturity of the Obligations directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of,materially exceeds the Yield of the Obligations. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the Issuer shall not take or omit to take any action which would cause the Obligations to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The Issuer shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f)of the Code and the Regulations and rulings thereunder: (1) The Issuer shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Obligation is discharged. However, to the extent permitted by law, the Issuer may commingle Gross Proceeds of the Obligations with other money of the Issuer, provided that the Issuer separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the Issuer shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The Issuer shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Obligations until six years after the final Computation Date. (3) As additional consideration for the purchase of the Obligations by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the Issuer shall pay to the United States out of the Obligation Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Obligations equals (i) in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and 46511 184.2 23 shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The Issuer shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs(2) and(3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it,interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Obligations, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Obligations not been relevant to either party. J. Obligations Not Hedge Bonds. (1) The Issuer reasonably expects to spend at least 85% of the spendable proceeds of the Obligations within three years after such Obligations are issued. (2) Not more than 50% of the proceeds of the Obligations will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The Issuer hereby directs and authorizes the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, City Secretary, or City Attorney, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Obligations. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Obligations. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Obligations pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Obligations to the Purchasers. Furthermore, the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, City Secretary, or City Attorney, either or all, are hereby authorized and directed to furnish and execute such documents relating to the Issuer and its financial affairs as may be necessary for the issuance of the Obligations, the approval of the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas and, together with the Issuer's financial advisors, Bond Counsel,and the Paying Agent/Registrar, 4051 1184.2 24 make the necessary arrangements for the delivery of the Initial Obligations to the Purchasers and the initial exchange thereof for definitive Obligations. SECTION 21: Satisfaction of Obligation of Issuer. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Obligations, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the Issuer to the Holders shall thereupon cease,terminate, and be discharged and satisfied. Obligations, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when(i)money sufficient to pay in full such Obligations or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Obligations, or the principal amount(s) thereof, at the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Obligations. In the event of a gross defeasance of the Obligations, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Obligations. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Obligations to be treated as arbitrage bonds within the meaning of section 148 of the Code(as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Obligations, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the Issuer or deposited as directed by the Issuer. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Obligations and remaining unclaimed for a period of three (3) years after the Stated Maturity or applicable redemption date of the Obligations such money was deposited and is held in trust to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Obligations that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the Issuer expressly reserves the right to call the defeased Obligations for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Obligations immediately following the defeasance; (3) 40511 l 84.2 25 directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of(i) or(ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Obligations, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Obligations. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Obligations is subject to its being furnished a final opinion of Fulbright&Jaworski LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Obligations, said opinion to be dated and delivered as of the date of initial delivery and payment for such Obligations. Printing of a true and correct copy of this opinion on the reverse side of each of the Obligations, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the Issuer is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Obligations. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Obligations shall be of no significance or effect as regards the legality thereof, and neither the Issuer nor attorneys approving said Obligations as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Obligations. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract; Amendments - Outstanding Obligations. The Issuer acknowledges that the covenants and obligations of the Issuer herein contained are a material inducement to the purchase of the Obligations. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the Issuer and its successors and assigns, and shall not be amended or repealed by the Issuer so long as any Obligation remains Outstanding except as permitted in this Section. The Issuer may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Issuer may, with the written consent of Holders holding a majority in aggregate principal amount of the Obligations then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however that, without the consent of all Holders of Outstanding Obligations, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, and interest on the Obligations, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, the redemption price therefor, or interest on the Obligations, (2) give any preference to any Obligation over any other Obligation, or (3)reduce the aggregate principal amount of Obligations required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Issuer, Bond Counsel, Paying Agent/Registrar, and the Holders, any right,remedy, or claim, legal or equitable,under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being 40511 184.2 26 intended to be and being for the sole and exclusive benefit of the Issuer, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 32: Authorization of Paving Agent/Registrar Agreement. The City Council of the Issuer hereby finds and determines that it is in the best interest of the Issuer to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Obligations. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit B and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the Issuer or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. 40511184.2 27 SECTION 35: No Recourse Against Issuer Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Obligation or for any claim based thereon or on this Ordinance against any official of the Issuer or any person executing any Obligation. SECTION 36: Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Obligations are being sold pursuant to a private placement with the Purchasers, in denominations of generally$100,000 or any integral multiple of$5,000 in excess thereof, to less than thirty-five sophisticated investors, and therefore the Rule is not applicable to the offering of the Obligations. Accordingly, no contract to provide continuing disclosure information after the issuance of the Obligations has been made by the Issuer with investors. SECTION 37: Book-Entry System. It is intended that the Obligations initially be registered so as to participate in a securities depository system(the DTC System) with the Depository Trust Company,New York,New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Obligations shall be issued(following cancellation of the Initial Obligations described in Section 7) in the form of a separate single definitive Obligation. Upon issuance, the ownership of each such Obligation shall be registered in the name of Cede&Co., as the nominee of DTC, and all of the Outstanding Obligations shall be registered in the name of Cede & Co., as the nominee of DTC. The Issuer and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit D (the Representation Letter). With respect to the Obligations registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Obligations from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Obligations (an Indirect Participant). Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Obligations, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Obligations, as shown on the Security Register, of any notice with respect to the Obligations, including any notice of redemption, or (iii)the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of an 40511184.2 28 Obligation, of any amount with respect to principal of, premium, if any, or interest on the Obligations. While in the, DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive an Obligation evidencing the obligation of the Issuer to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede&Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c)DTC or the Issuer determines that it is in the best interest of the beneficial owners of the Obligations that they be able to obtain certificated Obligations, the Issuer shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Obligations shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Issuer may determine that the Obligations shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Issuer, or such depository's agent or designee, and if the Issuer and the Paying Agent/Registrar do not select such alternate securities depository system then the Obligations may be registered in whatever name or names the Holders of Obligations transferring or exchanging the Obligations shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Obligation and all notices with respect to such Obligation shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the Issuer are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Obligations, the Paying Agent/Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Obligations, the Mayor, City Manager, Assistant City Manager for General Government and Operations Support, or the City Secretary and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Obligations by the Texas Attorney General's office. In case any officer of the Issuer whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. 40511184.2 29 SECTION 39: Accounting Reports. The Issuer shall provide annually to the Purchasers for so long as the Purchasers remain a holder of the Obligations, within 180 days after the end of each fiscal year ending in or after 2014, financial information and operating data with respect to the Issuer; provided that such financial statements so to be provided shall be (1) prepared in accordance with the generally accepted accounting principles, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to Texas law or regulations, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide (1) unaudited financial statements for the applicable fiscal year within 180 days after the end of such fiscal year, and (2) audited financial statements for the applicable fiscal year to the Purchasers when and if the audit report on such statements become available. SECTION 40: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank.] 4051 l 184.2 30 PASSED,APPROVED AND ADOPTED on the 25th day of March, 2014. CITY OF CORPUS CHRISTI,TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF MARCH, 2014: [Lisa Aguilar,Acting City Attorney] 40511184.2 S-1 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 an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of March, 2014, authorizing the issuance of the City's Public Property Finance Contractual Obligations, Series 2014, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time,place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of March, 2014. City Secretary (CITY SEAL) 40511184.2 S-2 INDEX TO SCHEDULES AND EXHIBITS Schedule I............Approval Certificate Exhibit A.............Personal Property, Including a New Energy Management .............................and Control System on a City-Wide Basis Exhibit B .............Paying Agent/Registrar Agreement Exhibit C .............Purchase Contract Exhibit D.............DTC Letter of Representations 40511184.2 Index-1 SCHEDULEI Approval Certificate See Tab No. 40511184.2 Schedule I-1 EXHIBIT A Personal Property,Including a New Energy Management and Control System on a City-Wide Basis 40511184.2 A-1 EXHIBIT B Paying Agent/Registrar Agreement See Tab No. 405111 84.2 B-1 EXHIBIT C Purchase Contract See Tab No. 4051 1184.2 C-1 EXHIBIT D DTC Letter of Representations See Tab No. 40511184.2 D-1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of —9 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 Table 4.2 - Facility Improvement Measure (FIM) Summary Project Scenario Date City of Corpus Christi Phase 2 Final 11/18/2013 Sheet 1 of 2 90 04.01 Controls Total Animal Care (ANC), CC Fire Station #1 (FS1), CC Fire Station #10 (F510), CC Fire Station #11 (FS11), CC Fire Station #12 (F512), CC Fire Station #13 (F513), CC Fire Station #14 (F514), CC Fire Station #15 (F515), CC Fire Station #16 & Beach Office (F516), CC Fire Station #17 (F517), CC Fire Station #2 (F52), CC Fire Station #3 (F53), CC Fire Station #4 (F54), CC Fire Station #5 (F55), CC Fire Station #6 (F56), CC Fire Station #7 (F57), CC Fire Station #8 (F58), CC Fire Station #9 (F59), Internal Affairs (INT), Harte Public Library (LHA), Northwest Branch Library (LNW), BRAVO Substation (PBR), Police Shooting Range (PSR), Police Training Facility - Corpus Christi (PTF), Ben Garza Gym/Rec Center (RBG), Joe Garza Rec Center (RJG), Lindale Rec Center (RLI), Oak Park Rec Center (ROP), Oso Rec Center (ROS), Solomon Coles Rec Center (RSC), Broadmoor Senior Center (SCB), Ethyl Eyerly Senior Center (SCE), New Garden Senior Center (SCG), Lindale Senior Center (SCL), Northwest Senior Center (SCN), Oveal Williams Senior Center (SCO), Zavala Senior Center (SCZ), Greenwood Senior Center (SGW), Al Kruse Tennis Center (TAK), Flour Bluff Tower (TFB), Five Points Tower (TFP), HEB Tennis Center Expansion (THE), One Shoreline Plaza (TOS), Padre Island Water Tower (TPI), Violet Tower (TVI), Vehicle Impound (VEI), Warehouse (WAR) $287,175 $54,351 ($2.160) 5.5 $0 $287,175 5.5 04.02 Controls Total Neyland (Parkdale) Branch Library (LNY) $72,161 $7,347 $0 9.8 $0 $72,161 9.8 04.03 Retro -Commissioning Total Frost Bank Leased Office (FBO), Greenwood Branch Library (LGW), Kaffie South Side Library (LKS) $20,033 $30,121 $0 0.7 $0 $20,033 0.7 05.02 AHU RCx Implementation Total American Bank Center (AME) $1,494,139 $63,359 $0 23.6 $0 $1,494,139 23.6 05.03 CHW Storage Total American Bank Center (AME) $820,591 $59,484 $0 13.8 $0 $820,591 13.8 05.03 CHW Storage (Stipulated) Total American Bank Center (AME) $0 $22,889 $0 0.0 $0 $0 0.0 09.01 Lighting Total American Bank Center (AME), Art Museum Johnson Building (AMJ), Animal Care (ANC), Frost Bank Leased Office (FBO), CC Fire Station #1 (FS1), CC Fire Station #10 (F510), CC Fire Station #11 (FS11), CC Fire Station #12 (F512), CC Fire Station #13 (F513), CC Fire Station #14 (F514), CC Fire Station #15 (F515), CC Fire Station #16 & Beach Office (F516), CC Fire Station #17 (F517), CC Fire Station #2 (F52), CC Fire Station #3 (F53), CC Fire Station #4 (F54), CC Fire Station #5 (F55), CC Fire Station #6 (F56), CC Fire Station #7 (F57), CC Fire Station #8 (F58), CC Fire Station #9 (F59), Gas Department (GD), Internal Affairs (INT), Greenwood Branch Library (LGW), Harte Public Library (LHA), Kaffie South Side Library (LKS), Northwest Branch Library (LNW), Neyland (Parkdale) Branch Library (LNY), Boat Dock B and C (MBD), Marina Boaters Facility (MBF), MLK Property Warehouse (MLK), BRAVO Substation (PBR), Police Shooting Range (PSR), Police Training Facility - Corpus Christi (PTF), Ben Garza Gym/Rec Center (RBG), Joe Garza Rec Center (RJG), Kiwanis Rec Center (RKI), Lindale Rec Center (RLI), Oak Park Rec Center (ROP), Oso Rec Center (ROS), Solomon Coles Rec Center (RSC), TC Ayers Rec Center (RTC), Broadmoor Senior Center (SCB), Ethyl Eyerly Senior Center (SCE), New Garden Senior Center (SCG), Lindale Senior Center (SCL), Northwest Senior Center (SCN), Oveal Williams Senior Center (SCO), Zavala Senior Center (SCZ), Greenwood Senior Center (SGW), Al Kruse Tennis Center (TAK), HEB Tennis Center Expansion (THE), Vehicle Impound (VEI), Warehouse (WAR), Water Utilities (WU) $3,498,246 $236,900 $32,891 13.0 $30,670 $3,467,576 12.9 09.02 Lighting Controls Total American Bank Center (AME) $487,866 $26,140 $0 18.7 $0 $487,866 18.7 13.01 Envelope Total Art Museum Johnson Building (AMJ), Animal Care (ANC), Frost Bank Leased Office (FBO), CC Fire Station #1 (FS1), CC Fire Station #10 (F510), CC Fire Station #11 (FS11), CC Fire Station #12 (F512), CC Fire Station #13 (F513), CC Fire Station #14 (F514), CC Fire Station #15 (F515), CC Fire Station #16 & Beach Office (F516), CC Fire Station #17 (F517), CC Fire Station #2 (F52), CC Fire Station #3 (F53), CC Fire Station #4 (F54), CC Fire Station #5 (F55), CC Fire Station #6 (F56), CC Fire Station #7 (F57), CC Fire Station #8 (F58), CC Fire Station #9 (F59), Internal Affairs (INT), Greenwood Branch Library (LGW), Kaffie South Side Library (LKS), Marina Boaters Facility (MBF), MLK Property Warehouse (MLK), Parking Control (PAC), BRAVO Substation (PBR), Police Training Facility - Corpus Christi (PTF), Broadmoor Senior Center (SCB), New Garden Senior Center (SCG), Lindale Senior Center (SCL), Northwest Senior Center (SCN), Oveal Williams Senior Center (SCO), Zavala Senior Center (SCZ), Greenwood Senior Center (SGW), Al Kruse Tennis Center (TAK), Warehouse (WAR) $379,360 $36,697 $0 10.3 $0 $379,360 10.3 Sheet 1 of 2 90 Table 4.2 - Facility Improvement Measure (FIM) Summary Project Scenario Date City of Corpus Christi Phase 2 Final 11/18/2013 * The savings shown in this table are less than the calculated savings unless a guarantee multiplier of 1000/0 is shown. ** The guarantee is based on Key Performance Indicators shown in Table 3.2. Refer to Section 3 of the ESP for the method of converting Key Performance Indicators to dollars during the M&V period. *** The guarantee is based on the aggregate savings for all FIMs, not on individual FIM savings. Confidential and Proprietary Sheet 2 of 2 91 18.01 Water Conservation Total Grand Total American Bank Center (AME), Art Museum Johnson Building (AMJ), Animal Care (ANC), Central Library (CEN), City Hall (CIT), Frost Bank Leased Office (FBO), CC Fire Station #1 (FS1), CC Fire Station #10 (FS10), CC Fire Station #11 (FS11), CC Fire Station #12 (FS12), CC Fire Station #13 (FS13), CC Fire Station #14 (FS14), CC Fire Station #15 (FS15), CC Fire Station #16 & Beach Office (FS16), CC Fire Station #17 (FS17), CC Fire Station #2 (FS2), CC Fire Station #3 (FS3), CC Fire Station #4 (FS4), CC Fire Station #5 (FS5), CC Fire Station #6 (FS6), CC Fire Station #7 (FS7), CC Fire Station #8 (FS8), CC Fire Station #9 (FS9), Gas Department (GD), Health Department (HEA), Internal Affairs (INT), Greenwood Branch Library (LGW), Harte Public Library (LHA), Kaffie South Side Library (LKS), Northwest Branch Library (LNW), Neyland (Parkdale) Branch Library (LNY), Marina Boaters Facility (MBF), MLK Property Warehouse (MLK), Municipal Courts and Police (MUN), Museum of Science and History (MUS), Parking Control (PAC), BRAVO Substation (PBR), Police Shooting Range (PSR), Police Training Facility - Corpus Christi (PTF), Joe Garza Rec Center (RJG), Kiwanis Rec Center (RKI), Lindale Rec Center (RLI), Oak Park Rec Center (ROP), Oso Rec Center (ROS), Solomon Coles Rec Center (RSC), Broadmoor Senior Center (SCB), New Garden Senior Center (SCG), Lindale Senior Center (SCL), Northwest Senior Center (SCN), Oveal Williams Senior Center (SCO), Zavala Senior Center (SCZ), Greenwood Senior Center (SGW), Al Kruse Tennis Center (TAK), HEB Tennis Center Expansion (THE), Vehicle Impound (VEI), Water Utilities (WU) $650,022 $7,709,592 $47,165 $584,454 $2,627 $33,358 13.1 12.5 $0 $30,670 $650,022 $7,678,922 13.1 12.4 * The savings shown in this table are less than the calculated savings unless a guarantee multiplier of 1000/0 is shown. ** The guarantee is based on Key Performance Indicators shown in Table 3.2. Refer to Section 3 of the ESP for the method of converting Key Performance Indicators to dollars during the M&V period. *** The guarantee is based on the aggregate savings for all FIMs, not on individual FIM savings. Confidential and Proprietary Sheet 2 of 2 91 d AGENDA MEMORANDUM First Reading rdinance for the City Council Meeting of March 18 2014 9 Y 9 oaPOwa,ko Second Reading Ordinance for the City Council Meeting of March 25, 2014 1852 DATE: February 18, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydspcctexas.com 886-2604 Accepting and appropriating the FY 2014 Local Border Security Program (LBSP) Grant CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits; and appropriating the $45,000 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Police Department will assist the Texas Department of Public Safety on an overtime basis with operations for border security. This grant award is for the time period February 12, 2014 — August 31, 2014. There are no matching funds required. 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: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1 $45,000 $45,000 BALANCE $45,000 $45,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document TEXAS DEPARTMENT OF PUBLIC SAFETY 5806 14LAMAR BLVD @ BOX 4O87"AUSTIN,TEXAS 78773-Mp01 to 6121424-8000 Lk STEVEN CwcCRAW cowmeeIOw DIRECTOR w ovmo � e mmmG.�x� CAmmuARCYaARxw owonYLmacBmoe MAwmvpmnsm DEPUTY DIRECTORS STEVEN P MACH RANDY WATSON February 12,2O14 Dear Authorized Official, Attached are FY2014 Local Border Security Program (LBSP) grant award documents for your jurisdiction/agency. This letter,and the attached documents,contain important information about the grant and provide instructions requiring your immediate action for grant acceptance. Please follow the instructions at the top of the first page of the Terms and Conditions,and return all documents as instructed below to the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency(TBSS/UA)oo later than March 31.2014. The Grant Recipient Agreement(]8A) which includes the Grant Award,the Terms and Conditions,and attached Exhibits must be 0|md out and signed by the person identified (Authorized DfficimQ on the grant award. Signature 6y anyone else will only be accepted if a letter oy designation from the governing body is attached that authorizes the person to sign for the Grantee. Letters of signature designation will be deemed as authorization for that person to sign any future documents related to the grant award unless the letter indicates otherwise. Return GRA-via E-mail The FY2014 GRA documents should be returned vim email to SAA LBSP@dpsJexas= by the date indicated above. Plmzmm title the subject line of your email "LBSP" and name of jurisdiction (i.e. LBSP S) Paso, City DO. Submit the executed (signed) G&& (including a signed Award and the signed Terms and Conditions) as an attachment to the email using the same naming convention(i.e.LBSP Hidalgo County.pdo. Please retain the original copy of each document submitted to the THSSAA for your records.The grant awards may be withdrawn if all required documents are not cunnplmLmd and submitted to the TBSSAA within the deadline established above. EY2014 LBSP Key Dates F.ebrua 2,2014 Date award Issued to Grant March 31,2014 Deadline for signed,Grant ReS!R!���,Jg&�J,Lu be returned to the SAA October 15,2014 Liquidation Date If you have any questions regarding the LBSP grant,please contact Sherry Saba at 512-377-0024. Sincerely, 4 e4 MmcheUwPboo Deputy Assistant Director Texas Bmomeland Security State Administrative Agency eQssc�0*TUNtr eMPf OYFR COURTESY`SERmCs°Pecrecnmw Texas Department of Public Safety Texas Homeland Security State Administrative Agency 2014 Recipient Grant Award Sub-Recipient Name: Corpus Christi, City of PD Sub-Recipient Authorized Mr. Ron Olson Official and Address: 1201 Leopard Street Corpus Christi, Texas 78401 SAA Award Number: LBSP-14-0009 Amount of Grant: $ 45,000.00 Amount of Match: No Matching Funds Required _..�................� Grant Period: From: February 12, 2014 To: August 31, 2014 Date of Grant Award February 12, 2014 Program Title: Local Border Security Program FY 2014 (LBSP-14) Authority/Funding Instrument: Senate Bill 1, Article V, Rider 35 of the Texas General Appropriations Act (83`d Legislature) i CFDA: NA—These are State Appropriated Funds Method of Payment: Primary method is reimbursement Administered by: Texas Department of Public Safety Texas Homeland Security State Administrative Agency 1033 La Posada, Suite 160 Austin, Texas 78752 i Sub-Recipient Acceptance: $ have read, understood and agree to this Grant Recipient Agreement consisting of this Award and the attached Terms & Conditions. ............... ...... . _m.......... .............................................................. ............ AWARDING AGENCY RECIPIENT GRANT ACCEPTANCE _.... APPROVAL Machelle Pharr Printed Dame; Deputy Assistant Director Title: Texas Homeland Security State Administrative Agency Texas Department of Public Safety Date: February 12, 2014 Date: The signed Award with Terms and Conditions must be returned to SAA-LBSPnaY dos.texas.gov on or before this Grant Acceptance Due Date: March 31, 2014 zu14 TERMS AND CONDITIONS lnstrucdons: The Recipient shall 1. Fill in the information and sign the Grant Recipient Award,; 2 Certify they have read and understand these Terms and Conditions,; 3. Certify to the statements provided in Exhibits A and S i'ocated at the back of this document by filling in contact information and signing all exhibits,and 4. Return all documents via email to SAA-LBSP"s.texasmov an or before the date provided in the transmittal letter and/or in this Grant. 1. Grant Recipient Agreement This Grant Recipient Agreement(consisting of this 2014 Grant Recipient Award and these Terms and Conditions)is made and entered into by and between the Department of Public Safety I Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPSITHSSAA,"'and the funds recipient„ hereinafter referred to as the "Recipient' or"Grantee." Furthermore, DPSITHSSAA and the Recipient are collectively hereinafter referred to as the"Parties." This Grant Recipient Agreement„ or otherwise referred to herein as"this Grant or"this Agreement', is only an offer until Recipient returns the signed copy of this Grant on or before the date provided in the transmittal setter and/or in this Grant Recipient Award. The FY 2014 Local Border Security Program„ hereinafter referred to as "LBSP-14„' its funded by the Eighty-third Texas Legislature„ Regular Session 2013, Senate Bill 1. Article V, Rider 35 of the Texas General Appropriations Act. The Texas Legislature has appropriated funds for. a. Overtime and operational costs for increased patron and investigative capacity for certified peace officers along with other law enforcement support personnel)(i.e,,Communications Officers/Dispatchers,Jailers);and b. Certain operational costs incurred as part of these overtime patrols and investigations, such as fuel/mileage and additional costs for minor emergency repairs, such as tire repair, fan belt replacement for vehicles or equipment being used in the program operations(limited to a maximum of$150.00 per incident). Recipient shall not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Recipient issues subawards as part of this Grant project, Recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. 2. Overview and Performance Standards All allocations and use of funds under this Grant mast be in accordance with and shall comply with all provisions of the""t..ocat Border Security Program Guide, FY 2014 (LBSP 114)" dated (November S, 2013, which is incorporated lby reference herein. Recipient shall read, understand and by signature accept all terms of the Program Guide and these Terms and Conditions as binding. Standard of Performance, Recipient shall perform all activities and projects which were approved by DPS/THSSAA. Any change to a project shall receive prior written approval by DPS/THSSAA. Recipient shall perform all activities in accordance with all terms and conditions,provisions and requirements set forth in this Grant,,including but not limited to the following Exhibits; 1, Certifications,hereinafter referred to as"Exhibit A" 2. Assurances,hereinafter referred to as"Exhibit B" Page 1 of 12 3. Failure to Perform In the event Recipient fails to comply with any and all required conference calls, meetings, financial reporting requirements, or any requirement of this Grant, in addition to the remedies specified in this Grant, Recipient is liable to DPSITHSSAA for the amount not to exceed the award amount of this Grant and may be barred from applying and receiving additional DPSITHSSAA grant program funds or any other program funds administered by DPS/THSSAA until repayment is made and any other compliance or audit finding is satisfactorily resolved. Failure to timely implement projects may reduce future funding in additional grant programs administered by DPSITHSSAA. 4. Funding Obligations A. DPSITHSSAA will not be liable to Recipient for any costs incurred by Recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPSITHSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Recipient Award. C. DPS/THSSAA will not be liable to Recipient for any cost incurred prior to execution of this Grant. D. Recipient shall refund to DPS/THSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be an overpayment to Recipient or that DPSITHSSAA determines has not been spent by Recipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Recipient shall make such refund to DPS/THSSAA within thirty (30) calendar days after DPSITHSSAA requests such refund. E. Notwithstanding any other provisions, DPSITHSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPSlTHSSAA's liabilities hereunder, except as required by LBSP-14. DPS/THSSAA will not be liable to Recipient for costs which exceed the amount specified in this Grant. S. Performance Period Th rant eci int ar Il ids end S ices shall be received within th es shall be submifted to DPS/THSSAA itin te_pe rrrnane perm . Recipient shall have expended all Grant funds and submitted reimbursement requests and any invoices to PSITHSS A by the end of the performance period. DPSITHSSAA will not be obligated to reimburse expenses incurred or submitted after the performance period, 6. Uniform Administrative Requirements, Cost Principals and Audit Requirements Except as specifically modified by law or this Grant, Recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DPSITHSSAA program legislation, DPSITHSSAA program guidelines,and the terms and conditions of this Grant. A non-exclusive list is provided below A. Administrative Requirements 1. State of Texas Uniform Grant Management Standards as developed under the authority of Chapter 783, Texas Government Code 2. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments(the A-102 Common Rule) B. Cost Principles 1. 2 C.F.R. Part 225,Cost Principles for State, Local and Indian Tribal Governments(OMB Circular A-87) 2. OMB Circular A-1 33,Audits of State, Local Governments and Non-Profits Page 2 of 12 C. Audit Requirements OMB Circular A-1 33,Audits of States, Local Governments and Non-Profit Organizations D. Grant Guidance The"Local Border Security Program Guide FY 2014(LBSP-14),"available at hUg://www.txdgg state.tx.us/director staff/saa12014LBSPGrantlnfo.htm 7. State Requirements for Grants Recipient shall comply with all federal,state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management,, State Administrative Agency Information Bulletins, available at hfto://www.txdRs.state.tx.us/director staff/saafinformation bulletins.htm'Texas Uniform Grants Management Standards (UGMS) at aovemor.state.tx.us/files!state-grantst?UGMS062004.doc and the State Administrative Agency Sub-recipient Manual';, available at htt ://www,txd s,state,tx.ustdirector stafflsaaldocumenWsubreci ientManual. df. Recipient shall;, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations,executive orders,OMB circulars,terms and conditions of this Grant, and the approved application, Recipient shall comply with the State of Texas,General Appropriations Act,Art. IX, Part 4,as follows: 1. Grant funds may not be expended for a grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law enforcement agency requesting the grant is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be granted to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended to a unit of local government unless the following limitations and reporting requirements are satisfied: a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, including not using any money or vehicle to support the candidacy of any person for office; not influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose; and not using grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101 including not using grant funds to compensate any employee who uses alcoholic beverages on active duty plus Recipient may not use grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. IX, Section 6.13 requiring Recipients to make every effort to attain key performance target levels associated with this grant award, including performance milestones,„milCestone time frames„and related performance reporting requirements;and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, including grant funds may only be expended if Recipient timely completes and files its reports. 8. Restrictions and General Conditions A. Use of Funds. DPSITHSSAA grant funds may only used for the purposes set forth in this Grant,and shall be consistent with the authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements,„ lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition„ State funds may not be used to sue the State of Texas or any other government entity. B. Lobbying Prohibited. No funds shall be expended by Recipient to pay any person to influence,or attempt to'influence an officer or employee of any agency, a Member of State Legislature, an officer or employee of the State Legislature, or an employee of a Member of the State Legislature in connection with any State action concerning the award or renewal of any State contract„grant„ loan, cooperative agreement. Tex. Gov't Code§556.0055. Recipient shall not use any State funds.either directly or indirectly,,, in support of the enactment,repeal,modification or adoption of any law,regulation,or policy, at any level of government. Page 3 of 12 C. Transferring Funds. Recipient is prohibited from transferring funds between grant programs(such as SHSP, UASI, and OPSG)or between each year of this Grant D. Notices. All notices or communications required or permitted to be given by either party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star,to the other party at its respective address. For notice to DPSff HSSAA see address set forth below. DPSITHSSAA Contact Information be ut Assistant D i rector Texas Homeland Security State Admin. Agency Texas Department of Public Safety P.O. Box 4087 Austin,TX 78773-0220 F. Points of Contacts. Within 30 calendar days of any change, Recipient shall notify DPSITHSSAA of any change or correction to the chief elected official, program,and/or financial points of contact. G. DUNS Number. Recipient confirms its Data Universal Numbering Systems(DUNS)Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc. If Recipient does not have a DUNS number, it may obtain one by calling 866/705-5711 or going to http:/ifedgov.dnb.com/webform. H. Direct Deposit. If Recipient has not received LBSP reimbursements from DPS/THSSAA within the past eleven (11) months(prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Recipient shall be emailed to SAA-LBSP hdns.texas oov.The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample County DD form'). The direct deposit form is currently available at http:l/www.window.state.tx.us/taxinfoltaxformsf74-176.pdf. Recipient may simultaneously sign up for the Advance Payment Notification (APN)email feature which provides State of Texas payees with a one-business-day advance notice that a direct deposit payment has been sent to its financial institution.After receiving an APN, a payee may securely access its payment details online. I. Procurements. Recipient shall comply with all applicable state,and local laws and requirements, including but not limited to proper competitive solicitation processes where required,for any procurement which utilizes state funds awarded under this Grant. J. Use of DPS/THSSAA Seals and-Non-Endorsement. Recipient shall obtain DPS/THSSAA's prior written approval before using its name,seat,logo,crest or reproductions. Funding of this Grant does not equate to endorsement of use of DPS/THSSAA's name. K. Recipient shall submit the following reports: 1. Border Incident Assessment Report(BIAR): Recipient shall email,fax or hand deliver all BIARs to its supporting JOIC as soon as possible,but no later than 9:00 AM daily following each reporting period. 2 Steady State Report: Steady State activities are defined as normal patrol or investigative duties that do not use these Grant funds, but directly impact the overall LBSP mission. Recipient shall report this information to the Joint Operations and Intelligence Center, 3 Uniform Crime Reporting (UCR): Recipient shall submit UCR data to the Crime Records Division of the Texas Department of Public Safety on a monthly basis. 4 Criminal History Reporting: Recipient shall submit criminal history reporting data, including information on arrest, charges, and dispositions as required by Article 60 of the Texas Code of Criminal Procedure. 5 LBSP-14 Financial Reports. Recipient shall submit financial reports(reimbursement request)preferably on a monthly basis, but at least quarterly. L. Unified Command(UQ Teleconferences/Meetings. Recipient shall participate in all scheduled UC teleconferences or meetings. Page 4 of 12 f Lei 11~ Retention and Accessibilily of Records Retention of Reggrds. Recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to all applicable state and local laws, rules, and regulations,including but not limited to Tex. Loc. Gov't Code Ch.203, UGMS §_.42, and this Grant. Recipient shall retain these records and any supporting documentation for a minimum of three(3)years from the later of the completion of this projeds public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three(3)years after any real estate or equipment final disposition. Access to Records. Recipient shall give the United States Department of Horneiand Security, the Comptroller General of the United Slates, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Recipient pertaining to this Grant including records concerning the past use of DPS/THSSAA funds, Such rights to access shall continue as long as the records are retained by Recipient. Recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act,Texas Government Code,Chapter 552. Inclusion in Subggntracts. Redpieosha8includethepubstannwofNMwRetenVwnofRerords and Access\o Records section herein in all subcontracts. After Action Regortin g. Recipient shall complete, deliver to the appropriate smurca,, and retain copies of all after-action reports and certificates uf completion for all training and exercises paid for by this Grant, 12. Legal AuthqEft Signalo!y Authority. Recipient assures and guarantees that Recipient possesses the legal authority h» enter into this Grant, receive grant funds and to perform the project Recipient has obligated itself to perform pursuant to this Grant. Authorized Renresentative. The person or persons signing and executing this Grant wn Recipients behalf do warrant and guarantee that he/she has been duly authorized by Recipient bz execute this Grant on Recipient's behalf and Wm validly and legally bind Recipient ho all terms and conditions and performance obligations. Conflicts in . If conflict exists between federal, state, or local requirements, Recipient shall comply with the strictest 13. Notice of Litigation and Claims Recipient shall provide DPG/THGGAA immediate notice in writing of any action or o|ahn, including any proceeding before an administrative agency, filed against Recipient arising out oY performance uY this Grant. Except as otherwise directed byDPG/TMSS4A. Recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Recipient with respect to such action orclaim. 14. No Liabilfty for Eml?loyees and Officers DPS/THSSAA shall have no liability whatsoever for the aobpme or omissions of an individual employed or contracted by Rmdpient, regardless uf where the individual's actions o,omissions occurred. 15' Non-Waiver of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPSITHSSAA at any time to avail itself of same. A waiver does out become effective vn|msa DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DP8/TMSSAA shall not constitute a waiver or otherwise impair or prejudice any right, uwer, privi|ege, or remedy available to DPSfTHSSAA to enforce its rights, as such rights,powers,pdvileges, and remedies are specifically preserved. Page 6 u/12 16. Changes and Amendments Modification. DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Recipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Recipient is not valid. Written Amendment. Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, must be made through an executed Grant Adjustment Notice(GA ). Authority to Amend. During the period of performance for this Grant, DPSfrHSSAA may issue policy directives that serve to establish,, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPSITHSSAA in the form of Information Bulletins and Sub-recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Recipient as if written in this Grant. Effect of Changes in State Laws, Any alterations, additions, or deletions to this Grant that are required by changes in state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event DPSfrHSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Recipient shall be notified of the changes in writing. On notification has been made, any subsequent request for funds will indicate Recipient's acceptance of the changes to this Grant. 17. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant, 18. Venue Venue shall lie in Travis County,Texas,and this Grant is governed by the laws of the State of Texas. 19. Suspension In the event Recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Recipient, suspend this Grant, in whole or in part,withhold payments to Recipient and prohibit Recipient from incurring additional obligations of this Grant's funds. 20. Termination DPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/THSSAA determines that Recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: 1. The reason(s)for such termination; 2. The effective date of such termination; and 3. In the case of partial termination,the portion of this Grant to be terminated. 21. Enforcement If Recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award,or elsewhere, DPSfrHSSAA may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Recipient or more severe enforcement action by DPSITHSSAA; Page 7 of 12 2. Disallow, that is, deny both use of funds and matching credit for, all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Recipient's program-, 4. Withhold further awards for the program;or 5. Take other remedies that may be legally available. The costs of Recipient resulting from obligations incurred by Recipient during a suspension or after termination of this Grant are not allowable unless DPStTHSSAA expressly authorizes them in the notice of suspension or termination or subsequently. Other Recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred by Recipient before the effective date of suspension or termination,are not in anticipation of it,and in the case of a termination,are non-cancellable;and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section,including suspension and termination, do not preclude Recipient from being subject to"Debarment and Suspension"under E.O. 12549 or 44 C.F.R.§13.35. 22. Conflict of Interest No employee, officer or agent of Recipient shall participate in the selection, or in the award or administration of a contract supported by State funds if a conflict of interest,real or apparent,is involved or otherwise creates the appearance of impropriety. 23. Closing of the Grant A. DPS/THSSAA will close this Grant after receiving Recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. If the close out review and reconciliation indicates that Recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Recipient. If Recipient did not use all the funds received, DPS/THSSAA will issue a Grant Adjustment Notice( AN)to recover the unused funds. Recipient shall return the funds to the DPSITHSSAA within 30 calendar days of receiving the GAN. B. At the completion of Recipient's performance period, DPS/THSSAA will de-obligate all uncommitted I unexpended funds, which shall be returned to DPS/THSSAA,and will no longer available to Recipient on de-obligated, C. The closeout of this Grant does not affect: 1. DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review 2. Recipient's obligation to return any funds due as a result of later refunds, corrections,or other transactions, 3. Records retention requirements, property management requirements, and audit requirements,as set forth herein;and 4. Any other provisions of this Grant that impose continuing obligations on Recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. [intentionally left blank] Page 8 of 12 Please rill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Title Recipient Organization ................................................................ ............................................................................................................................................................... . .......................................................................................................................... gignature of Authorized Offic4l Date Page 9 of 12 EXHIBIT A CERTIFICATIONS 1. DRUG-FREE WORKPLACE-Recipient certifies that it will provide a drug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. B. Establishing a drug-free awareness program to inform employees about: i. the dangers of drug abuse in the workplace; ii. Recipient's policy of maintaining a drug-free workplace; iii, any available drug counseling, rehabilitation,and employee assistance programs;and iv. the penalties that may be imposed upon employees for drug abuse violations. C. Requiring each employee to be engaged in the performance of this Grant be given a copy of the statement required by paragraph(A), D. Notifying the employee in the statement required by paragraph (A) that, as a condition of employment under this Grant, the employee shall: i. abide by the terms of the statement, and ii. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace not later than five calendar days after such conviction. E. Notifying DPSITHSSAA within ten calendar days after receiving notice under subparagraph (D) (ii) from an employee or otherwise receiving actual notice of such conviction. F. Taking one of the following actions with respect to any employee who is so convicted: I. appropriate personnel action against such an employee,up to and including termination;or ii. requiring such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a federal,state, or local health,law enforcement,or other appropriate agency. G. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. 2. LOBBYING—Recipient certifies that: A. It will not use grant funds,either directly or indirectly, in support of the enactment, repeal, modification, or adoption of any law,regulation or policy,at any level of government. B. If any non-grant funds have been or will be used in support of the enactment, repeal, modification, or adoption of any law, regulation or policy,at any level of government, it shall notify DPS/THSSAA to obtain the appropriate disclosure form, C, It will include the language of paragraphs (A) and (B_ of this section in the award documents for all sub-awards or sub- contracts at alt tiers and will requse all sub-recipients and subcontractors to certify accordingly. Please rill in the appropriate information and sign to certify this Exhibit A, if applicable. Print Name of Authorized Official Title Recipient Organization ......................................................................................................... SIgnature of Authorized Official DOW Page 1 0 of 12 EXHIBIT ASSURANCES As the duly authorized representative of Recipient, I certify that Recipient: 1, Shall comply with Texas Government Code, Chapter 573; by ensuring that no officer, employee, or member of Recipient's governing body or of Recipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee,or governing body member related to such person in the prohibited degree. 1 Shall:unsure that all information collected„ assembled, or maintained by Recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,, Chapter 552, unless otherwise expressly prohibited by taw. 3.. Shall comply with Texas Government Code Chapter 551, which requires alli regular, special, or called meetings of governmental bodies to be open to the public,:except as otherwise provided by law or specifi Ily permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license certificate, or permit to the owner,operator, or administrator of a facility if Recipient is a health„ human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all ruses adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701„ Texas Occupations Code„ or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if Recipient is a law enforcement agency regulated by Texas Occupations Code,Chapter 1701. 7. Shall follow all assurances,When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and Recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section ®.36 for additional guidance on contract provisions), 8. Shall comply with the Texas Family Code,Section 261.101,which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794),which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles 1, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974,as amended (42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of age; (e)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-516), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912(42 U.S.C. §§290d -3 and 20ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title Vlll of the Civil Rights Act of 1968(42 U.S.C. §§3601 et q.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and 0)the requirements of any other nondiscrimination statute(s)which may apply to this Grant. 10. Shall comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction sub-agreements. 11. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 12. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 1 . Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor Page 11 of 12 agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA(EO 11738). 14. Shall comply with all State of Texas tax laws and are solely responsible for filing all required state and federal tax forms. 15. Shall comply with all applicable requirements of all state laws,executive orders,regulations, and policies governing this program. 16 Certifies that is and its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at htips:/Aw4w,sam.gov/Jportal/oublic/SAM/. 17. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq. Please fill in the appropriate information and sign to certify this Exhibit B. Print Name of Authorized Official Title Recipient Organization Signature of Authorized Official Date Page 12 of 12 Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant to reimburse overtime and fringe benefits, and appropriating the $45,000 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$45,000 from the Texas Department of Public Safety, Texas Homeland Security State Administrative Agency for funding eligible under the FY2014 Local Border Security Program (LBSP) grant. SECTION 2. That$45,000 is appropriated in the No 1061 Police Grants. Fund from the Texan Department of Public Safety, Texas Homeland Security State Administrative Agency to reimburse overtime and fringe benefits. That 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 Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor d AGENDA MEMORANDUM �oaPOwR ko First Reading Ordinance for the City Council Meeting of March 18, 2014 2852 Second Reading Ordinance for the City Council Meeting of March 25, 2014 DATE: March 3, 2014 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police floydspcctexas.com 886-2604 Appropriating funds from the State of Texas Law Enforcement Standards and Education (LEOSE) account CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $29,600.43 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. PURPOSE: Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel as well as training equipment. The funds must be appropriated annually when the check is received. BACKGROUND AND FINDINGS: The funds are received from the State as directed by Government Code, Section 415.0845, to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel and any training equipment. The amount of funds received depends on the number of personnel we have as of January 1 of each year. The funds were suspended in 2011 due to State budget constraints and are now reinstated. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal 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: Staff recommends approving the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept an annual allocation payment from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$29,600.43; and appropriating funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of$29,600.43 in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. 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 annual allocation payment from the State of Texas—Law Enforcement Officer Standards and Education Account in the amount of$29,600.43. SECTION 2. That $29,600.43 from the State of Texas—Law Enforcement Officer Standards and Education Account is appropriated in the No. 1061 Police Grants Fund for training of police personnel and purchase of training equipment. 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 AGENDA MEMORANDUM xg First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: 2/24/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo(a_cctexas.com 361-826-3494 Community Enrichment Fund (4720) appropriation for park improvements CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1,498.08 in interest earnings for a sum of $343,344.95 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. PURPOSE To appropriate funds received from developer fees and interest earned in the Community Enrichment Fund so that the funds would be available for associated projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than 5 miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City policy requires all funds drawn from the city treasury be appropriated by City Council before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: ❑ Operating X Revenue X Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2013-2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $4,255,277.57 $4,255,277.57 Encumbered / Expended Amount 2,609,998.05 2,609,998.05 This item 343,344.95 343,344.95 BALANCE $1,988,624.47 $1,988,624.47 Fund(s): The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Attachment- Schedule of park development fees, fees in lieu of land, and interest earned to be appropriated; Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1,498.08 in interest earnings for a sum of $343,344.95 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Unified Development Code provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the subdivision; Whereas, City of Corpus Christi Unified Development Code provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept and appropriate $341,846.87 in developer contributions and $1498.08 in interest earnings, for a sum of $343,344.95, in the No. 4720 Community Enrichment Fund for park improvements and other related projects. That 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 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 day of ' 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor CITY OF CORPUS CHRISTI 4720 COMMUNITY ENRICHMENT FUND Includes deposits received through 2/6/14 Org # Description To be Appropriated 21460 Developer Fee - interest 414.18 21300 Park trust-unrestrict interest 982.96 21371 Gateway interest 9.05 21357 HEB Park pool & tennis interes 1.88 21502 Beautification prom. interest 9.57 21507 Ed exchg prg-Sister City int. 0.66 21511 Permanent art trust interest 79.78 INTEREST 1,498.08 21300 Park trust-unrestrict donation 12,337.50 21460 Park Development Fee 192,458.40 21334 Brookdale Pk 59,687.03 21336 Cole Park donation 236.00 21346 Waldron Park 1,406.77 21667 Vista Hermosa 76.39 21459 Edgewater 1,875.00 21623 Morton Tract 1,250.00 21671 Glen Arbor 48,437.50 21450 Monte Verde @Terra Mar 5,820.49 21410 Yorktown Crossing 5,070.00 21650 Oso Parkway 10,000.00 21421 Royal Creek Estates 3,191.79 CONTRIBUTIONS 341,846.87 TOTAL INTEREST& CONTRIBUTIONS 343,344.95 US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: 2/24/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361-826-3494 STARCAR lease renewal for Bill Witt Park CAPTION: Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. PURPOSE: To renew the lease for STARCAR for the next five years. BACKGROUND AND FINDINGS: STARCAR desires to renew their lease with the City for their radio control automobile activity at Bill Witt Park. ALTERNATIVES: Do not approve the lease agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required by City Council to renew the STARCAR Lease for 5 years. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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: RECOMMENDATION: Staff recommends approval of ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Ordinance authorizing City Manager or designee to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1. The City Manager or designee is authorized to execute a 60 month lease agreement with STARCAR for Bill Witt Park, in the City, Lessee agrees to operate and maintain the premises according to City standards. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following votes: Nelda Martinez David Loeb Lillian Riojas Mark Scott Kelley Allen Chad Magill Priscilla Leal Colleen McIntyre Rudy Garza, Jr. PASSED AND APPROVED this the day of 12014. ATTEST: Nelda Martinez Mayor Rebecca Huerta City Secretary LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTH TEXAS ASSOCIATION FOR RADIO CONTROLLED AUTOMOBILE RACING, INC. This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City"), acting through its duly authorized City Manager or designee ("City Manager"), and South Texas Association for Radio Controlled Automobile Racing, Inc. ("Lessee"), a nonprofit corporation, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibit A, which said property is located in Corpus Christi, Nueces County, Texas, a portion of which will be known as the "Premises"; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of City Council approval, ("Effective Date") which is , unless sooner terminated as set out herein. Upon Effective Date, this lease terminates the prior leases between the parties for use of said Premises. Section 2. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Park and Recreation or designee ("Director"). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ("Improvements") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year-round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; 1 (B) Lessee shall keep fully operational and in good repair the fields, and irrigation systems, if any are present or installed on the Premises. (C) Lessee must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas; (D) Lessee shall ensure that parking is confined to on-street parking only, or designated parking lots but no parking is to be allowed on grass; (E) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the fields as set out in herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing/access areas at a safe height not to exceed six (6) inches; (F) Lessee shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Lessee must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre-season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; (G) If Lessee utilizes goal posts on the Premises, Lessee shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Lessee must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty-eight (48) hours after the need for repair is or should have been discovered; (H) Lessee is responsible to proper installation and use of all equipment and improvements at Premises; (1) Lessee must maintain First Aid kit on Premises; (J) Lessee shall submit the attached Exhibit D, Standard of Maintenance to the Director no later than January 31 of each year. Section 5. Compliance with Maintenance Standards. The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10%) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease may be sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. 2 Section 7. Securing/Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 8. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 9. Joint Use. (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. Section 10. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 19 for the type of fundraising activity being proposed by Lessee. Section 11. Additions or Alterations. (A) Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense. At the termination or expiration of this Lease, all 3 permanent additions and alterations installed by Lessee at the Premises, including but not limited to, fences, concession stands, goal posts and bleachers, become property of the City without necessity of legal action. Section 12. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 13. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 14. Advertising. The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 15. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 16. Non-Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 17. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. 4 Section 18. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and ex- penses, including reasonable attorneys' fees. Section 19. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims), or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by Indemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by 5 any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 20. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit B constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit B", to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 21. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 22. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. 6 (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion, that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non-terminating party. Section 23. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Name and address on Exhibit A Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469-9277 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 24. List of Current Officers and Board of Directors, and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 25. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. 7 Section 26. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improve- ments construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or recon- struction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 27. Amendments. No alterations, changes, or modifications of the terms of this Lease nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 28. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. 8 Section 29. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 30. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 31. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 32. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable un- der present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Lease that every section, para- graph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unen- forceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 33. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880-3461 and talk to the Parks Director, or designee. Section 34. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. 9 EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of . 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca I ty Secretary Ron Olson, i Approved as to legal form: Douglas K DeFratus Assistant r For City r LESSEE: South Texas Association for Radio Control Automobile Racing By: � 4 )(111 Nil("-\ t'indy aughtry I Preside Printed Date- STATE OF TEXAS COUNTY OF NUECES This B e r f p , by President f f I his I r UORI DEEDS ot Public, State of Texas N'WallY Public,State of Texas Poo(, ummr ssvn Expires Oclober 14, 201 rl t Commission expires: 1,0 EXHIBIT A South Texas Association for Radio Controlled Automobile Racing Property Description: Bill Witt Park Term: January 27, 2014 to January 31, 2019 Program to be operated by Lessee: public, radio controlled race track Notice Address for Lessee: STARCAR, Inc. Attn: President, c/o Cindy Daughtry 2030 Saratoga Corpus Christi, Texas 78411 11 C1 UrAWN Fat ION Che ~ED 'Rif OF al8PUS O&M ar KA Mat ARE rn1H REFE11Rlcc 7O PIM OF - =MON MOSER% UNIT 4. 11S RECORDED IN VOIAIYE Si. PACE 04. WP RECORDS OF NlhZSE.i COUNTY. ZFV& r BILL WITT PARK STA1E OF TEXAS COUNTY of RUM E L O. OCRS. R UIS1EREO PROFESSIONAL LAND SURVEYOR OF 11E STATE OF 1EIVS. NEREIK =rev' 1W.T 710! MOP WAS PREPARED ETON AH A411.14 1- MUD SURVEY 11AOE ON THE OROUND UNDER WY OIRECD0N ANO IS _ 'TRUE AND CORRM.T 10 'R1E REST OF 11V 1o10111.1D2E. 115.4 TFE r_i_OAY OF .MA-- _ 2004. RUSSRL D. OCIE R.P.L.9. WAS RECISIRADON NO. 5241 clri- i*,•b1sT 49 .. *4 la •111 r woo s r. ®� t • armor DOW oer 4 Seale In Fest BILE WrIT PARK — STARCAR LASS OWNER: CITY OF CORPUS CHRISTI BEING A 3.04 ACRE (132.557.7 SQ. FT.) TRACT OF MD. OUT OF A 138.22 ACRE TRACT. CONVEYED TO THE CITY OF CORPUS CHRIST!. Vi DEED RECORDED IN VOLUME 1709. PACE 95. OF THE DEED RECORDS OF NUECES COUNTY. TEXAS, ANO PART OF SECTION 21. FLOUR BLUFF & EMMIA'. FARM & GARDEN TRACTS. AS RECORDED IN VOLUME A. PAGES 41-43. MAP RECORDS OF NUECES COUNTY. TEXAS_ UMW CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division Dols: 04-05-04 DITINI B f fav Of.drsBp. ROHS POT r OF $ EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for 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, non-renewal, Bodily Injury and Property Damage material change or termination is required on all Per occurrence/aggregate certificates. Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under"Description of Operations". • At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-(7) are included or excluded. 13 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due January 31 SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature All Leases Sport League will be expected to complete this self-inspection checklist form annually. Due date will be January of the upcoming year. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by January 31 the League will be assessed a fee of $500.00 per site and the City will do the inspection. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. 14 COMMENTS PITCHER'S MOUND Yes No [ ] [ ] 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off' and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push-off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player/spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ ] 6. Our facility does not comply with industry recommended field design specifications. COMMENTS 15 BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ ] [ ] 3. Concrete footings are exposed above ground. [ ] [ ] 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ ] [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. 16 [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ ] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow-outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8. Moles, gophers or other animals have caused mounds or holes. [ ] [ ] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [ ] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot-candles do not meet industry recommended specifications. COMMENTS 17 BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 18 �a C7 0uwrana0 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Financing for Proposed Bond 2014 Design Work CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the provisions of the Depository Trust Company's Letter of Representations; and providing an effective date. PURPOSE: The purpose of this agenda item is to provide funding for the design work of street projects listed under Proposition One of the Council approved street project list for a November 2014 bond election. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See attachment for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is usually underwriters. However with the issuance of tax notes, the City will issue a request for bids to local banks in Corpus Christi and other financial institutions for the purchase of the tax notes. Therefore, no underwriters will be needed. Part B: City Council discussions have emphasized the need to have the design of proposed street projects complete before the November 2014 election date to allow for project completion in approximately two years. Authorization for the tax notes will provide the funding mechanism for staff to begin the design process on the projects listed under Proposition One. (See attachment.) Tax notes are being recommended for this financing because they are for a short duration which cannot exceed seven years. Additionally no offering document is needed nor are underwriters. The City will send out bid requests to local banks and other financial institutions; will give them two weeks to respond; and then the institution offering the lowest interest rate will win the bid. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department • Engineering FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - - - Encumbered/Expended amount of(date) - - - - This item - $8,000,000 - $ 8,000,000 BALANCE - $8,000,000 - $ 8,000,000 FUND(S): Street CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Fee Schedule Ordinance DRAFT 2/26/14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF °CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014" IN AN AMOUNT NOT TO EXCEED $8,000,000, LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE PROVISIONS OF THE DEPOSITORY TRUST COMPANY'S LETTER OF REPRESENTATIONS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to the provisions of Chapter 1431, as amended, Texas Government Code (the Act), the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) is authorized and empowered to issue anticipation notes to pay contractual obligations incurred or to be incurred for the construction of any public works, for the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for the Issuer's authorized needs and purposes, and for professional services, including services provided by tax appraisal engineers, engineers, architects, attorneys, auditors, mapmakers, financial advisors, and fiscal agents; and WHEREAS, in accordance with the provisions of the Act, the Governing Body hereby finds and determines that anticipation notes should be issued and sold at this time to finance the costs of paying contractual obligations to be incurred for the (1) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer-wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3)payment of professional services related to the design, construction and financing of the aforementioned projects; and WHEREAS, the Governing Body hereby finds and determines that the issuance of anticipation notes is in the best interests of the residents of the Issuer,now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: Authorization - Designation - Principal Amount - Purpose. General obligation notes of the Issuer shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND N01100 DOLLARS ($ ), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS TAX NOTES, SERIES 2014"(the Obligations), for the purpose of providing funds for the (1) designing, acquiring, constructing, renovating, and 57327455.3 1 improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer-wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3)payment of professional services related to the design, construction and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, particularly Chapter 1431, as amended, Texas Government Code, and an ordinance adopted by the Governing Body on March 25,2014, and the City's Home Rule Charter. SECTION 2: Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Obligations shall be issued as fully registered obligations, without coupons, shall be dated March 15,2014(the Dated Date) and shall be issued in denominations of $100,000 or any integral multiple of $5,000 in excess thereof (within a Stated Maturity), shall be lettered "R-" and numbered consecutively from one (1) upward and principal shall become due and payable on February 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Closing Date, or from the most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly provided for, to Stated Maturity, at the per annum rates, while Outstanding(hereinafter defined), in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts M Rates The Obligations shall bear interest on the unpaid principal amounts from the Closing Date (hereinafter defined), or from the most recent Interest Payment Date to which interest has been paid or duly provided for, to Stated Maturity, while Outstanding, at the rates per annum shown in the above schedule (calculated on the basis of a 360-day year of twelve 30-day months). Interest on the Obligations shall be payable on February 1 and August 1 in each year, commencing August 1, 2014(the Interest Payment Date), while the Obligations are Outstanding. SECTION 3: Payment of Obligations - Paying_Agent/Registrar. The principal of, premium, if any, and the interest on the Obligations, due and payable by reason of Stated Maturity or otherwise, shall be payable, without exchange or collection charges to the Holder(as hereinafter defined), appearing on the registration and transfer books maintained by the Paying Agent/Registrar (hereinafter defined), in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of, premium, if any, and interest on the Obligations shall be without exchange or collection charges to the Holder(as hereinafter defined) of the Obligations. 57327455.3 2 The selection and appointment of (the Paying Agent/Registrar), to serve as the initial Paying Agent/Registrar for the Obligations is hereby approved and confirmed, and the Issuer agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Obligations, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the Issuer may prescribe. The Issuer covenants to maintain and provide a Paying Agent/Registrar at all times while the Obligations are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The Issuer reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of a resolution or ordinance terminating such agency. Additionally, the Issuer agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Obligations by United States mail, first-class postage prepaid, which notice shall also give the address of the corporate office of the successor Paying Agent/Registrar. Principal of, premium, if any, and interest on the Obligations, due and payable by reason of Stated Maturity or otherwise, shall be payable only to the registered owner of the Obligations appearing on the Security Register(the Holder or Holders) maintained on behalf of the Issuer by the Paying Agent/Registrar as hereinafter provided (i)on the Record Date (hereinafter defined) for purposes of payment of interest on the Obligations, (ii) on the date of surrender of the Obligations for purposes of receiving payment of principal thereof at the Obligations' Stated Maturity, and(iii) on any date for any other purpose. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of an Obligation for purposes of receiving payment and all other purposes whatsoever, and neither the Issuer nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of and premium, if any, on the Obligations shall be payable only upon presentation and surrender of the Obligations to the Paying Agent/Registrar at its corporate trust office (provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar). Interest on the Obligations shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Obligations (the Record Date) and shall be paid (i)by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii)by such other method, acceptable to the Paying Agent/Registrar,requested in writing by the Holder at the Holder's risk and expense. 57327455.3 If the date for the payment of the principal of, premium, if any, or interest on the Obligations shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Obligations was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty(30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder of an Obligation appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. The Obligations are not subject to redemption prior to Stated Maturity. SECTION 5: Execution - Registration. The Obligations shall be executed on behalf of the Issuer by its Mayor under the seal of the Issuer reproduced or impressed thereon and attested by its City Secretary. The signature of any of said officers on the Obligations may be manual or facsimile. Obligations bearing the manual or facsimile signatures of individuals who were, at the time of the Dated Date, the proper officers of the Issuer shall bind the Issuer, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Obligations to the Purchasers (hereinafter defined), all as authorized and provided in Chapter 1201, as amended,Texas Government Code. No Obligation shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Obligation either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Obligation shall be conclusive evidence, and the only evidence, that such Obligation has been duly certified or registered and delivered. SECTION 6: Registration - Transfer - Exchange of Obligations - Predecessor Obligations. A Security Register relating to the registration, payment, transfer, or exchange of the Obligations shall at all times be kept and maintained by the Issuer at the corporate trust office of the Paying Agent/Registrar, and the Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each Holder of the Obligations, or, if appropriate, the nominee thereof, issued under and pursuant to the provisions of this Ordinance. Any Obligation may, in accordance with its terms and the terms hereof, be transferred or exchanged for Obligations of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Obligation to the 57327455.3 4 Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Obligation at the corporate trust office of the Paying Agent/Registrar, the Issuer shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Obligations of authorized denominations and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Obligation or Obligations surrendered for transfer. At the option of the Holder, Obligations may be exchanged for other Obligations of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Obligations surrendered for exchange upon surrender of the Obligations to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Obligations are so surrendered for exchange, the Issuer shall execute, and the Paying Agent/Registrar shall register and deliver, the Obligations to the Holder requesting the exchange. All Obligations issued upon any transfer or exchange of Obligations shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the Issuer, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Obligations surrendered upon such transfer or exchange. All transfers or exchanges of Obligations pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. Obligations canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Obligations, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Obligation or Obligations registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Obligations shall include any Obligation registered and delivered pursuant to Section 17 in lieu of a mutilated, lost, destroyed, or stolen Obligation which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Obligation. SECTION 7: Initial Obligations. The Obligations herein authorized shall be initially issued as a single fully registered Obligation in the aggregate principal amount of$ with principal installments to become due and payable as provided in Section 2 hereof and numbered T-1 (the Initial Obligations), and the Initial Obligations shall be registered in the name of the Purchasers (defined herein) or the designee thereof. The Initial Obligations shall be the Obligations submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Obligations,the Paying 57327455.3 Agent/Registrar, and pursuant to such written instructions from the Purchasers, or the designee thereof, shall cancel the Initial Obligations delivered hereunder and exchange therefor Definitive Obligations of like kind and of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the Purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8: FORMS. A. Forms Generally. The Obligations, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Obligations shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Obligations, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the Issuer or determined by the officers executing the Obligations as evidenced by their execution thereof. Any portion of the text of any Obligation may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Obligation. The definitive Obligations shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Obligations as evidenced by their execution thereof, but the Initial Obligation(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 57327455.3 B. Form of Definitive Obligation. REGISTERED REGISTERED NO. PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces,Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI,TEXAS TAX NOTES, SERIES 2014 Dated Date: Interest Rate: Stated Maturity: CUSIP NO: March 15, 2014 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi, Texas (the Issuer), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above and to pay interest on the unpaid Principal Amount hereof from the Closing Date, or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 1 and August 1 of each year commencing August 1, 2014. Principal on this Obligation shall be payable to the Registered Owner hereof (the Holder),upon presentation and surrender(provided, however, with respect to principal payments prior to the final Stated Maturity, the Obligations need not be surrendered to the Paying Agent/Registrar, who will merely document this payment on an internal ledger maintained by the Paying Agent/Registrar), at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Obligation (or one or more Predecessor Obligations, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in 57327455.3 7 the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. This Obligation is one of the series specified in its title issued in the aggregate principal amount of$ (the Obligations) pursuant to an ordinance adopted by the Governing Body of the Issuer (the Ordinance), for the purpose of providing funds for the (1) designing, acquiring, constructing, renovating, and improving Issuer streets (including utility relocation), sidewalks, curbs, and drainage incidental thereto, (2) making real property improvements related to a new energy management and control system on an Issuer-wide basis and the purchase of materials, supplies, equipment, and machinery for authorized needs and purposes relating to the aforementioned capital improvements, and (3)payment of professional services related to the design, construction and financing of the aforementioned projects, all in conformity with the laws of the State of Texas, including Chapter 1431, as amended, Texas Government Code, an Ordinance adopted by the Governing Body on March 25, 2014, and the City's Home Rule Charter. As provided in the Ordinance, the Obligations are not subject to redemption prior to Stated Maturity. The Obligations of this series are payable from the proceeds of an annual ad valorem tax levied upon all taxable property within the Issuer within the limitations prescribed by law. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for defmitions of terms; the description of and the nature and extent of the tax levied for the payment of the Obligations; the terms and conditions relating to the transfer or exchange of the Obligations; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the Issuer and the Paying Agent/Registrar; the terms and provisions upon which this Obligation may be discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Obligation, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new filly registered Obligations of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The Issuer and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register(i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Obligation as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, and (iii)on any other date as the owner hereof for all other purposes, and neither the Issuer nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to 57327455.3 the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen(15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. , It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Obligation in order to render the same a legal, valid, and binding obligation of the Issuer have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Obligations does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of, premium if any, and interest on the Obligations by the levy of a tax as aforestated. In case any provision in this Obligation or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Obligation and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. [The remainder of this page intentionally left blank.] 57327455.3 IN WITNESS WHEREOF, the Issuer has caused this Obligation to be duly executed under its official seal. CITY OF CORPUS CHRISTI, TEXAS By.__ ..............._.._.................... Mayor ATTEST: City Secretary (CITY SEAL) [The remainder of this page intentionally left blank.] 57327455.3 1' ' C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Obligations Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF § PUBLIC ACCOUNTS § § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Obligation has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) *NOTE TO PRINTER: Not to appear on printed Obligations. D. Form of Certificate of Paving Agent/Registrar to Appear on Definitive Obligations Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Obligation has been duly issued under the provisions of the within-mentioned Ordinance; the Obligation or Obligations of the above-entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: , , as Paying Agent/Registrar By Authorized Signature 57327455.3 11. E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other.identifying number). the within Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Obligation on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Obligation in every particular. Signature guaranteed: F. The Initial Obligations shall be in the respective forms set forth in paragraph B of this Section, except that the form of a single y registered Initial Obligation shall be modified as follows: (i) immediately under the name of the Obligation(s) the headings "Interest Rate "and"Stated Maturity "shall both be completed"as shown below"; (ii) the first two paragraphs shall read as follows: Registered Owner: Principal Amount: The City of Corpus Christi, Texas (the Issuer), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof,the Principal Amount specified above on the first day of February in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts M Rates 57327455.3 12 (Information to be inserted from schedule in Section 2 hereof). and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to be , 2014) or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, to Stated Maturity, while Outstanding, at the per annum rates of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on February 1 and August 1 of each year (the Interest Payment Date), commencing August 1, 2014. Principal of this Obligation shall be payable to the Registered Owner hereof(the Holder), upon its presentation and surrender, to Stated Maturity, while Outstanding, at the corporate trust office of (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Obligation whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each Interest Payment Date. All payments of principal of and interest on this Obligation shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar,requested by, and at the risk and expense of, the Holder hereof. [The remainder of this page intentionally left blank.] 57327455.3 13 G. Insurance Legend. If bond insurance is obtained by the Issuer or the Purchasers for the Obligations, the definitive Obligations and the Initial Obligations shall bear an appropriate legend as provided by the insurer. SECTION 9: Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 19 and 36 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii)the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Authorized Officials shall mean the Mayor of the City, the City Manager of the Issuer, and the Assistant City Manager for General Government and Operations Support and/or the City Secretary. B. The term Closing Date shall mean the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. C. The term Issuer shall mean the City of Corpus Christi, Texas located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, Texas and, where appropriate, the Governing Body of the Issuer. D. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the Issuer as of such date or in such period for the payment of the principal of, premium, if any, and interest(to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest at the maximum rate permitted by the terms thereof and further assuming in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto. E. The term Depository shall mean an official depository bank of the Issuer. F. The term Government Securities, as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii)noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated 573274553 1 as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or(iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Obligations. G. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Obligation. H. The term Interest Payment Date shall mean the date interest is payable on the Obligations, being February 1 and August 1 of each year, commencing August 1, 2014, while any of the Obligations remain Outstanding. I. The term Obligation Fund shall mean the special Fund created and established by the provisions of Section 10 of this Ordinance. J. The term Obligations shall mean the $ "CITY OF CORPUS CHRISTI,TEXAS TAX NOTES, SERIES 2014"authorized by this Ordinance. K. The term Ordinance shall mean this ordinance finally adopted by the Governing Body of the Issuer on March 25, 2014. L. The term Outstanding when used in this Ordinance with respect to Obligations shall mean, as of the date of determination, all Obligations issued and delivered under this Ordinance, except: (1) those Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Obligations for which payment has been duly provided by the Issuer in accordance with the provisions of Section 21 of this Ordinance; and (3) those Obligations that have been mutilated, destroyed, lost, or stolen and replacement Obligations have been registered and delivered in lieu thereof as provided in Section 17 of this Ordinance. M. The term Purchasers shall mean the initial purchasers of the Obligations named in Section 18 of this Ordinance. N. The term Stated Maturity shall mean the annual principal payments of the Obligations payable on February 1 of each year, as set forth in Section 2 of this Ordinance. SECTION 10: Obligation Fund Investments. For the purpose of paying the interest on and to provide a sinking fund for the payment, redemption, and retirement of the Obligations, there shall be and is hereby created a special Fund to be designated "TAX NOTES, SERIES 2014, INTEREST AND SINKING FUND" (the Obligation Fame, which Fund shall be kept and maintained at the Depository, and money deposited in such Fund shall be used for no other purpose and shall be maintained as provided in Section 19. Authorized Officials of the Issuer are hereby authorized and directed to make withdrawals from the Obligation Fund sufficient to pay 57327455.3 15 the principal of, premium, if any, and interest on the Obligations as the same become due and payable, or the purchase price thereof, and shall cause to be transferred to the Paying Agent/Registrar from money on deposit in the Obligation Fund an amount sufficient to pay the amount of principal and/or interest stated to mature on the Obligations, such transfer of funds to the Paying Agent/Registrar to be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar on or before the business day next preceding each interest and principal payment date for the Obligations. Pending the transfer of funds to the Paying Agent/Registrar, money deposited in any fund created and established pursuant to the provisions of this Ordinance may, at the option of the Issuer, may be placed in time deposits, certificates of deposit, guaranteed investment contracts, or similar contractual agreements, as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, or be invested, as authorized by any law, including investments held in book-entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from such fund will be available at the proper time or times. All interest and income derived from deposits and investments in any fund established pursuant to the provisions of this Ordinance shall be credited to, and any losses debited to, such Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Obligations. SECTION 11: Tax Lew. To provide for the payment of the Debt Service Requirements on the Obligations being (i)the interest on the Obligations and (ii) a sinking fund for their redemption at Stated Maturity or a sinking fund of 2% (whichever amount shall be the greater), there shall be and there is hereby levied for the current year and each succeeding year thereafter while the Obligations or any interest thereon shall remain Outstanding, a sufficient tax, within the limitations prescribed by law, on each one hundred dollars' valuation of taxable property in the Issuer, adequate to pay such Debt Service Requirements, full allowance being made for delinquencies and costs of collection; said tax shall be assessed and collected each year and applied to the payment of the Debt Service Requirements, and the same shall not be diverted to any other purpose. The taxes so levied and collected shall be paid into the Obligation Fund and are thereafter pledged to the payment of the Obligations. The Governing Body hereby declares its purpose and intent to provide and levy a tax legally and fully sufficient to pay such Debt Service Requirements, it having been determined that the existing and available taxing authority of the Issuer for such purpose is adequate to permit a legally sufficient tax in consideration of all other outstanding indebtedness and other obligations of the Issuer. 57327455.3 1.6 SECTION 12: Deposits to Obligation Fund .... Surplus Obligation Proceeds. The Issuer hereby covenants and agrees to cause to be deposited in the Obligation Fund prior to a principal and interest payment date for the Obligations, from the annual levy of an ad valorem tax or from other lawfully available funds, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Obligations as the same accrues or matures or comes due by reason of Stated Maturity. Accrued interest, if any, received from the Purchasers of the Obligations shall be deposited to the Obligation Fund. In addition, any surplus proceeds from the sale of the Obligations, including investment income thereon, not expended for authorized purposes, as described in Section 1 hereof, shall be deposited in the Obligation Fund, and such amounts so deposited shall reduce the sum otherwise required to be deposited in said Fund from ad valorem taxes. SECTION 13: Security for Funds. All money on deposit in the Funds for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of the State of Texas for the security of public funds, and money on deposit in such Funds shall be used only for the purposes permitted by this Ordinance. SECTION 14: Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly that in the event the Issuer(a) defaults in the payments to be made to the Obligation Fund or(b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Obligations shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the Issuer and other officers of the Issuer to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such remedies shall not be deemed to be exclusive. SECTION 15: Notices to Holders — Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States mail, first-class postage prepaid, to the address of each Holder appearing in the Security Register at the close of business on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such 57327455.3 17 waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 16: Cancellation. All Obligations surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The Issuer may at any time deliver to the Paying Agent/Registrar for cancellation any Obligations previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Obligations so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Obligations held by the Paying Agent/Registrar shall be destroyed as directed by the Issuer. SECTION 17: Mutilated, Destroyed, Lost, and Stolen Obligations. If(1) any mutilated Obligation is surrendered to the Paying Agent/Registrar, or the Issuer and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Obligation, and (2) there is delivered to the Issuer and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent/Registrar that such Obligation has been acquired by a bona fide purchaser, the Issuer shall execute and,upon its request,the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Obligation, a new Obligation of the same Stated Maturity and interest rate and of like tenor and principal amount,bearing a number not contemporaneously Outstanding. In case any such mutilated, destroyed, lost, or stolen Obligation has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Obligation, pay such Obligation. Upon the issuance of any new Obligation or payment in lieu thereof, under this Section, the Issuer may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Obligation issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Obligation shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Obligation shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Obligations. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Obligations. SECTION 18: Sale of Obligations at Competitive Sale — Purchase and Investment Letters. The Obligations authorized by this Ordinance are hereby sold by the City to ._ , .. ................._ -..--vvrr-- (the Purchasers, 57327455.3 18 having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter (the Purchase Contract), dated March 25, 2014, attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The pricing and terms of the sale of the Obligations are hereby found and determined to be the most advantageous reasonably obtainable by the Issuer. The Initial Obligation(s) shall be registered in the name of The Mayor of the Issuer is hereby authorized and directed to execute the Purchase Contract for and on behalf of the Issuer and as the act and deed of this Governing Body, and in regard to the approval and execution of the Purchase Contract, the Governing Body hereby finds, determines and declares that the representations, warranties, and agreements of the Issuer contained in the Purchase Contract are true and correct in all material respects and shall be honored and performed by the Issuer. Delivery of the Obligations to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds from the sale of the Obligations shall be applied as follows: (1) Accrued interest, if any, received from the Purchasers shall be deposited into the Obligation Fund. (2) The balance of the proceeds derived from the sale of the Obligations (after paying costs of issuance) shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Obligations. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 10 of this Ordinance. Interest earned on the proceeds of the Obligations pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 12 of this Ordinance. SECTION 19: Covenants to Maintain Tax-Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Closing Date means the date of physical delivery of the Initial Obligations in exchange for the payment in full by the Purchasers. Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Obligations. 573274553 19 Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Obligations are invested and which is not acquired to carry out the governmental purposes of the Obligations. Rebate Amoaint has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Obligations. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. Yield of (1) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and (2) the Obligations has the meaning set forth in Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The Issuer shall not use,permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Obligations to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the Issuer receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Obligation, the Issuer shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall at all times prior to the last Stated Maturity of Obligations: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Obligations, and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and 57327455.3 20 (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Obligations or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the Issuer or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except to the extent that it will not cause the Obligations to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the Issuer shall not use Gross Proceeds of the Obligations to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity i£ (i)property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (ii)capacity in or service from such property is committed to such person or entity under a take-or-pay, output or similar contract or arrangement; or (iii) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired,constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will cause the Obligations to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not at any time prior to the final Stated Maturity of the Obligations directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of,materially exceeds the Yield of the Obligations. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b)of the Code and the Regulations and rulings thereunder, the Issuer shall not take or omit to take any action which would cause the Obligations to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The Issuer shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(f) of the Code and the Regulations and rulings thereunder: (1) The Issuer shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Obligation is discharged. However, to the extent permitted by law, the Issuer may commingle Gross Proceeds of the Obligations with other money of the Issuer, provided that the Issuer separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. 573274553 21 (2) Not less frequently than each Computation Date, the Issuer shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The Issuer shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Obligations until six years after the final Computation Date. (3) As additional consideration for the purchase of the Obligations by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the Issuer shall pay to the United States out of the Obligation Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Obligations equals (i)in the case of a Final Computation Date as defined in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The Issuer shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs(2) and(3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it,interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Obligations, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Obligations not been relevant to either party. J. Obligations Not Hedge Bonds. (1) The Issuer reasonably expects to spend at least 85% of the spendable proceeds of the Obligations within three years after such Obligations are issued. (2) Not more than 50% of the proceeds of the Obligations will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Elections. The Issuer hereby directs and authorizes any Authorized Official, either or any combination of the foregoing, to make such elections in the Certificate as to Tax 57327455.3 22 Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Obligations. Such elections shall be deemed to be made on the Closing Date. SECTION 20: Control and Custody of Obligations. The Mayor shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Obligations pending their approval by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery of the Obligations to the Purchasers. Furthermore, any Authorized Official, either or all, are hereby authorized and directed to furnish and execute such documents relating to the Issuer and its financial affairs as may be necessary for the issuance of the Obligations, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the Issuer's financial advisors, Bond Counsel, and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Obligations to the Purchasers and the initial exchange thereof for definitive Obligations. SECTION 21: Satisfaction of Obligation of Issuer. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Obligations, at the times and in the manner stipulated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obligations of the Issuer to the Holders shall thereupon cease,terminate, and be discharged and satisfied. Obligations, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when(i) money sufficient to pay in full such Obligations or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Obligations, or the principal amount(s) thereof, at the Stated Maturity thereof. In the event of a gross defeasance of the Obligations, the Issuer shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal and interest due on any defeased Obligations. The Issuer covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Obligations to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 19 hereof). Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Obligations, or any 57327455.3 23 principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the Issuer or deposited as directed by the Issuer. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Obligations and remaining unclaimed for a period of three (3) years after the Stated Maturity of the Obligations such money was deposited and is held in trust to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. SECTION 22: Printed Opinion. The Purchasers' obligation to accept delivery of the Obligations is subject to its being furnished a final opinion of Fulbright& Jaworski LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Obligations, said opinion to be dated and delivered as of the date of initial delivery and payment for such Obligations. Printing of a true and correct copy of this opinion on the reverse side of each of the Obligations, with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary of the Issuer is hereby approved and authorized. SECTION 23: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Obligations. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Obligations shall be of no significance or effect as regards the legality thereof, and neither the Issuer nor attorneys approving said Obligations as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Obligations. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 25: Ordinance a Contract; Amendments - Outstanding Obligations. The Issuer acknowledges that the covenants and obligations of the Issuer herein contained are a material inducement to the purchase of the Obligations. This Ordinance shall constitute a contract with the Holders from time to time, shall be binding on the Issuer and its successors and assigns, and shall not be amended or repealed by the Issuer so long as any Obligation remains Outstanding except as permitted in this Section. The Issuer may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Issuer may, with the written consent of Holders holding a majority in aggregate principal amount of the Obligations then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided, however that, without the consent of all Holders of Outstanding Obligations, no such amendment, addition, or rescission shall (1)extend the time or times of payment of the principal of, and interest on the Obligations, reduce the principal amount thereof, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, or interest on the Obligations, (2) give any preference to any Obligation over any other Obligation, or (3)reduce the aggregate principal amount of Obligations required for consent to any such amendment, addition, or rescission. SECTION 26: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the Issuer, Bond Counsel, Paying Agent/Registrar, and the Holders, any right,remedy, or claim, legal or equitable, under or 57327455.3 24 by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the Issuer, Bond Counsel, the Paying Agent/Registrar, and the Holders. SECTION 27: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 28: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. SECTION 29: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 30: Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid,the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 31: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 32: Authorization of Paving Agent/Registrar Agreement. The Governing Body of the Issuer hereby finds and determines that it is in the best interest of the Issuer to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, exchange, registration, and transferability of the Obligations. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 33: Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is finally adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 34: Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the Issuer or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such 57327455.3 25 manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 35: No Recourse Against Issuer Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Obligation or for any claim based thereon or on this Ordinance against any official of the Issuer or any person executing any Obligation. SECTION 36: Continuing Disclosure Undertaking. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Obligations are being sold pursuant to a private placement with the Purchasers, generally in denominations of$100,000 or any integral multiple of$5,000 in excess thereof, to less than thirty-five sophisticated investors, and therefore SEC Rule 15c2-12 is not applicable to the offering of the Obligations. Accordingly, no contract to provide continuing disclosure information after the issuance of the Obligations has been made by the Issuer with investors. SECTION 37: Book-Entry Only System. The Obligations may initially be registered so as to participate in a securities depository system (the DTC System) with the Depository Trust Company, New York, New York, or any successor entity thereto (DTC'), as set forth herein. Each Stated Maturity of the Obligations shall be issued (following cancellation of the Initial Obligations described in Section 7) in the form of a separate single definitive Obligation. Upon issuance, the ownership of each such Obligation shall be registered in the name of Cede &Co., as the nominee of DTC, and all of the Outstanding Obligations shall be registered in the name of Cede & Co., as the nominee of DTC. The Issuer and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit C (the Representation Letter). With respect to the Obligations registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Obligations from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Obligations (an Indirect Participant). Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i)the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Obligations, (ii)the delivery to any Depository Participant or any other person, other than a registered owner of the Obligations, as shown on the Security Register, of any notice with respect to the Obligations, including any notice of redemption, or (iii)the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of an 57327455.3 26 Obligation, of any amount with respect to principal of, premium, if any, or interest on the Obligations. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the Issuer to make payments of principal,premium, if any, or interest on the Obligations pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word"Cede&Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b)the Representation Letter shall be terminated for any reason, or (c)DTC or the Issuer determines that it is in the best interest of the beneficial owners of the Obligations that they be able to obtain certificated Obligations, the Issuer shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Obligations shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the Issuer may determine that the Obligations shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the Issuer, or such depository's agent or designee, and if the Issuer and the Paying Agent/Registrar do not select such alternate securities depository system then the Obligations may be registered in whatever name or names the Holders of Obligations transferring or exchanging the Obligations shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Obligation is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Obligation and all notices with respect to such Obligation shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 38: Further Procedures. The officers and employees of the Issuer are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Obligations, the Paying Agent/Registrar Agreement and the Purchase Contract. In addition, prior to the initial delivery of the Obligations, any Authorized Official, and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Obligations by the Texas Attorney General's office. In case any officer of the Issuer whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. 57327455.3 2 SECTION 39: Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. [The remainder of this page intentionally left blank.] 57327455.3 28 PASSED AND ADOPTED by the City Council of the City of Corpus Christi,Texas, this the 25th day of March,2014. CITY OF CORPUS CHRISTI,TEXAS Mayor ATTEST: w ,��.............,,,.�.. ...m.�.. ....�................._�w........�� ..u. City Secretary (CITY SEAL) APPROVED THIS DAY OF MARCH, 2014: .. .�.......................... .w�w.� ...... µ��..o..,,..,....... � �_...__�...._ [Lisa Aguilar,Acting City Attorney] 57327455.3 S-1 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 an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of March, 2014, authorizing the issuance of the City's Tax Notes, Series 2014, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of March,2014. City Secretary (CITY SEAL) 57327455.3 S-2 INDEX TO SCHEDULES AND EXHIBITS Exhibit A...........................................Paying Agent/Registrar Agreement Exhibit B...........................................Purchase Contract Exhibit C...........................................DTC Letter of Representations 57327455.3 Index-1 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. 57327455.3 A-1 EXHIBIT B Obligation Sale Documentation See Tab No. 57327455.3 B-1 EXHIBIT C DTC Letter of Representations See Tab No. ...... _.... 57327455.3 C-1 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 Bond Issue 2014 REVISED: Staff Recommended Project List PROPOSITION ONE: Street Limits Street Cost Alameda Street Kinney to Lipan $ 1,470,000 Gollihar Road Staples Street to Weber Road 7,570,000 Gollihar Road Weber Road to Carroll Lane 4,080,000 Gollihar Road Carroll Lane to Kostoryz 4,070,000 Morgan Avenue Ocean Drive to Staples Street 3,570,000 Corona Drive Flynn Parkway to Everhart Road 1,860,000 Ayers Street Ocean Drive to Alameda Street 4,330,000 Yorktown Boulevard Lake Travis to Everhart 4,340,000 Staples Street Alameda Street to Morgan Avenue 3,080,000 Southern Minerals Road Up River Road to IH 37 3,080,000 Yorktown Boulevard Everhart Road to Staples Street 6,680,000 Carroll Lane Houston to McArdle Road 2,340,000 Old Robstown Road State Hwy 44 to Leopard 2,670,000 Waldron Road Airdrome to Caribbean 3,600,000 Santa Fe Elizabeth to Hancock 1,160,000 ADA Masterplan Implementation Citywide 1,100,000 TOTAL PROPOSITION ONE: $ 55,000,000 PROPOSITION TWO: Ayers Street Turn Lane SPID to Gollihar Road 2,000,000 Chaparral Street Phase 2 Schatzel to Taylor 4,450,000 TxDOT Participation TBD 1,500,000 Traffic Signal & Lighting Imp. Citywide 5,000,000 Rodd Field Road Expansion Saratoga to Yorktown 9,560,000 Downtown Street Traffic Signal/Area Imp. Downtown Area 3,500,000 Ennis Joslin Extension Holly Road to Williams 3,400,000 TOTAL PROPOSITION TWO: $ 29,410,000 TOTAL PROPOSITION ONE and TWO: $ 84,410,000 d AGENDA MEMORANDUM oaPOwa,k Future Agenda Item for the City Council Meeting of March 18, 2014 1852 Action Agenda Item for the City Council Meeting of March 25, 2014 DATE: March 3, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works & Utilities gustavogo@cctexas.com (361) 826-1874 FROM: Daniel Biles, P. E., Executive Director, Public Works danb @cctexas.com (361) 826-3729 Ordinance to Amend the FY 2014 Capital Improvement Program Budget Marina "R" Pier Project CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project Number E13144 City Marina Replacement of Pier R; increasing revenues and expenditures in the amount of $3,239,496. PURPOSE: Amending the Capital Improvement Program (CIP) Budget for inclusion of the Marina "R" Pier Project will allow the City to begin work on this project. BACKGROUND AND FINDINGS: A separate agenda item on March 18, 2014, provided City Council the opportunity to approve a Reimbursement Resolution in the amount of $2,600,000 for the replacement of the existing "R" Pier at the City Marina. This item will amend the Fiscal Year 2014 Capital Improvement Program Budget so staff may begin work on the project for the procurement of Professional Design Services. In addition to the $2,600,000 in future Marina Revenue Bonds, this project includes the potential receipt of two US Fish and Wildlife Grants in the amount of $502,496 and $137,000. These grants would be for the design and construction of an additional 35 boat slips for larger transient boats and a sewage pump out system for the pier. If the City of Corpus Christi receives these grants, a future agenda item will be presented to City Council for their acceptance and execution of the grant documents. Any required grant match will come from the existing project and $2,600,000 planned work. ALTERNATIVES: Not Applicable CONFORMITY TO CITY POLICY: This item conforms to City Policy. EMERGENCY/ NON-EMERGENCY: Not Applicable DEPARTMENTALCLEARANCES: Legal Department Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Current Fiscal Year Expenditures Year Future TOTALS 2013-2014 (CIP only) BUDGET Years Line Item Budget Encumbered / Expended Amount This item $3,239,496 $3,239,496 Future Anticipated Expenditures BALANCE $3,239,496 $3,239,496 COMMENTS: This item is to amend the CIP program so work may begin on the project. When bonds are issued, and if future grants are received, additional items will be presented to City Council to execute the required documents. RECOMMENDATION: City Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to add Project Number E13144 City Marina Replacement of Pier R; increasing revenues and expenditures in the amount of$3,239,496. 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 the City Marina Replacement of Pier R Project Number E13144. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase revenues and expenditures in the amount of$3,239,496. 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 2012. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor d �oePawak 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 4, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo A. Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Engineering Construction Contract McArdle Road from Ennis Joslin Road to Whitaker Drive BOND 2012 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $651,654.15 from Fund 3549 Project #E12098 McArdle Road from Whitaker Drive to Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves, $360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to Project #E12097 McArdle Road from Nile Drive to Ennis Josin; increasing expenditures in the amount of $425,000; authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of $10,653,999.40 for McArdle Road from Ennis Joslin to Whitaker for the base bid; and executing a testing agreement with Rock Engineering and Testing Laboratories, Inc. in the amount of $74,850 for McArdle Road from Ennis Joslin to Whitaker for construction materials testing services. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Reytec Construction Resources, Inc. for the McArdle Road Improvements from Ennis Joslin to Whitaker. BACKGROUND AND FINDINGS: Project consists of two distinct sections, the first is a full reconstruction of McArdle Road from Ennis Joslin Road to Nile Drive (El 2097:approximately 4,600 LF) including removal of an existing 2-lane Hot Mix Asphalt Concrete (HMAC) roadway and all water, wastewater and storm infrastructure and replacement with a new 3-lane HMAC roadway (plus bike lanes) with curb and gutter and 5' concrete sidewalks, new 12" waterline, new 18" wastewater line and new storm sewer infrastructure; The second section is a full- depth pavement reclamation of McArdle Road from Nile Drive to Whitaker Drive (E12098 : approximately 5,200 LF) including 3" mill, 9.5" cement-stabilized pavement reclamation topped with new 3" Type `D' HMAC restriped for a 3-lane roadway plus bike lanes and partial replacement of existing water, wastewater and storm sewer infrastructure in accordance with the plans, specifications and contract documents. K:\ENGINEERING\LEGISTAR\3-MARCH 18\MCARDLE\AGENDA MEMO-MCARDLE ROAD.DOCX On February 19, 2014, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Reytec Construction Resources, Inc. Corpus Christi, Texas $10,653,599.40 Bay, LTD Corpus Christi, Texas $11,077,433.50 HAC Corpus Christi, Texas $14,772,463.95 ALTERNATIVES: 1. Authorize execution the construction contract. 2. Do not authorize execution the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's consultant, RVE, Inc., conducted a bid analysis of the three (3) proposals submitted to the City. RVE, Inc. determined that the lowest bidder based on the Total Base Bid is Reytec Construction Resources, Inc. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Reytec Construction Resources, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2014-2015 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Utilities Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $2,315,900.00 5,709,000.00 $5,131,000.00 13,155,900.00 This Ordinance 0 425,000.00 425,000.00 Item Utilities Revised Budget $2,315,900.00 6,134,000.00 $5,131,000.00 $13,580,900.00 Encumbered / 1,194,538.52 1,194,538.52 Expended Amount This item (Reytec) 6,314,506.30 4,339,493.10 10,653,999.40 This item (Rock) 74,850.00 74,850.00 Future Anticipated Expenditures This 866,005.18 487,508.00 1,353,513.18 Project BALANCE 1,121,361.48 $0.00 303,998.90 303,998.90 Fund(s): ST 08, 09 K:\ENGINEERING\LEGISTAR\3-MARCH 18\MCARDLE\AGENDA MEMO-MCARDLE ROAD.DOCX Comments: The attached ordinance is necessary to provide required utility funding prior to the sale of FY 2015 utility revenue bonds and is due to project timing. This amount will be deducted from future Capital Improvement Program utility funding requests. The transfer of street funds is due to a shortage of Bond 2012 street proceeds for the McArdle Road from Nile to Ennis Joslin Street project. Construction costs have substantially increased since the initial street estimation for this project prior to November 2012. Factors including limited response, contractor availability, local construction backlog and increased cost of labor all contribute to this higher pricing. RECOMMENDATION: City staff recommends that the construction contract be awarded to Reytec Construction Resources, Inc. of Corpus Christi, and Texas in the amount of $10,653,599.40 for the McArdle Road Improvements from Ennis Joslin to Whitaker Drive. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation K:\ENGINEERING\LEGISTAR\3-MARCH 18\MCARDLE\AGENDA MEMO-MCARDLE ROAD.DOCX Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by transferring $651,654.15 from Fund 3549 Project #E12098 McArdle Road from Whitaker Drive to Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves, $360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to Project #E12097 McArdle Road from Nile Drive to Ennis Josin; increasing expenditures in the amount of $425,000; authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Corpus Christi, Texas in the amount of$10,653,999.40 for McArdle Road from Ennis Joslin to Whitaker for the base bid; and executing a testing agreement with Rock Engineering and Testing Laboratories, Inc. in the amount of $74,850 for McArdle Road from Ennis Joslin to Whitaker for construction materials testing services. (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 transfer $651,654.15 from Project #E12098 McArdle Road from Whitaker Drive to Nile Road located in Fund 3549 to the McArdle Road project from Nile Drive to Ennis Joslin. (Bond 2012) SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $65,000 in Water 2009 CIP Fund 4476 Reserves and $360,000 in Wastewater 2012 CIP Fund 4247 reserves to the McArdle Road project from Nile Drive to Ennis Joslin. (Bond 2012) SECTION 3. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $425,000 and increase McArdle Road from Nile Drive to Ennis Joslin project budget by $1,076,654.15. (Bond 2012) SECTION 4. The City Manager or designee is authorized to execute a construction contract for the McArdle Road from Ennis Joslin to Whitaker projects (Bond 2012) for the Base Bid in the amount of$10,653,999.40 with Reytec Construction Resources, Inc. of Corpus Christi, Texas. SECTION 5. The City Manager or designee is authorized to execute a construction materials testing agreement for the McArdle Road from Ennis Joslin to Whitaker projects (Bond 2012) for the testing of construction materials. 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 t e 5 a AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager, which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: McArdle Road Improvements BOND 2012 (Project No. E12097 & E12098) ("PROJECT"). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $74,850.00 (Seventy Four Thousand Eight Hundred Fifty Dollars and Zero Cents). Monthly invoice will be submitted in accordance with Exhibit"D". 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit"B". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE. To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING L RATORY Gustavo Gonzalez, P.E. (Date) Curtis A. Rock (Date) Assistant City Manager Business Development Manager of Public Works and Utilities 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office RECOMMENDED (361) 883-4711 Fax Daniel Biles, P.E. (Date) Executive Director of Public Works KAENGINEERING DATAEXCHANGEMGIEMTREE RE12097 E12098 WARDLE ROAD BOND 20121TESTINGIROCK.DOC APPROVED ENTERED A Office of Management (Date) MR 4 2W and Budget CONTRACT MANAGERS McArdle Road from Nile Drive to Ennis Jloslin Road (Proiect No. E12097) BOND 2012 Department Fund No. Amount .......... Street CIP Bond 2012 550920-3549-00000-El 2097 $52,395M MeArdle Road from Whitaker Drive to Nile Drive (Proiect No. E12098) BOND 2012 Street CIP Bond 20 60920-3549-00000-El 2098 $22,455.00 APPROVED AS TO FORM Legal Department (Date) ATTEST Armando Chapa, City Secretary (Date) KhENGINEERINGOATAEXCHANGE4ANGIEMISTREIETME12097F-12098MCARDLE ROAD BOND 201ZTESTINGROCK DOC GEOTECHNICAL ENGINEERING CONSTRUCTION MATERIALS ENGINEERING & TESTING SOILS # ASPHALT « CONCRETE e � & � �� 0 February 26, 2014 City, of Corpus Christi P.0, Box 9277 Corpus Christi, Texas 78401 Attention: Mr. Dan Biles, P.E, — Director of Engineering SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED McArdle Road Improvements City Project No.: E12097 & E12098 Corpus Christi, Texas RETL Proposal Number: P02 614A Dear Mr. Biles, Rock Engineering and Testing Laboratory, Inc. (RETL) JBPE Firm No. 2101) is pleased to be selected to perform the required Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing Budget for this project is $74,850.00. We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation, of the Texas Professional Services Procurement Act., The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of$31.00 per hour. RETL appreciates your consideration of our firm to assist you during the construction phase Of Your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 15 if you have any questions regarding the proposal or would like to discuss further. Sincerely, k;""le, Sandra Kirk Project Estimator ROCK ENGINEERING&TESTING LABORATORY, INC, EXHIBIT"A" 6817 LEOPARD STREET*CORPUS CHRtSTI,TEXAS, 78409 Page 1 of 2 OFFICE: (361)883-4555•FAX: (361)883-4711 *www.rocktesfing.comi Date: February 26,2014 Project: McArdle Road Improvements Proposal No: P022614A Client: City of Corpus Christi Test Quantity Test Unit Unit Fee Fee SOILS TESTING Standard Proctor 11 EA. $215.00 $2,365.00 In-Place Densities 503 EA. $44.00 $22,132.00 LIMEXEMENT SAMPLING Hydrate Lime Standard Proctor 1 EA. $215.00 $215.00 Field Gradation 1 EA. $77.00 $77.00 Commercial Lime Slurry Standard Proctor 4 FA. $215.00 $860.00 Field Gradation 4 EA. $77.00 $308.00 Carbide Lime Slurry Standard Proctor 7 EA. $215.00 $1,505.00 Field Gradation 7 EA. $77.00 $539.00 Quick Lime Standard Proctor 1 EA. $215.00 $215.00 Field Gradation 1 EA. $77.00 $77.00 High Early Cement Standard Proctor 1 EA. $215.00 $215.00 Cement Series-6 Point 1 EA. $215.00 $215.00 LIMESTONE BASE Modified Proctor 1 EA. $253.00 $253.00 Sieve Analysis 1 EA. $94.00 $94.00 Atterberg Limits 1 EA. $94.00 $94.00 Wet Ball Mill 1 EA. $321.00 $321.00 Triaxial Test-CBR 1 EA. $743.00 $743.00 TYPE`D'HOT-MIX ASPHALT CONCRETE(HMAC) Asphalt Full-Series 14 EA. $616.00 $8,624.00 Asphalt Cored In-Place Density 59 EA. $99.00 $5,841.00 Asphalt Binder (Certificate provided by Manufacture) TYPE'B'HOT-MIX ASPHALT CONCRETE(HMAC) Asphalt Full-Series 6 EA. $616.00 $3,696.00 Asphalt Cored In-Place Density 28 EA. $99.00 $2,772.00 Asphalt Binder (Certificate provided by Manufacture) CONCRETE TESTING Concrete Cylinders,Compression Testing (Set of 4) 45 EA. $176.00 $7,920.00 CYLINDER PICK-UP FEES Number of Trips 45 EA. $43.00 $1,935.00 MATERIAL SAMPLING FEES 47 EA. $57.00 $2,679.00 Number of Trips VEHICLE CHARGE PER TRIP 246 EA. $45.00 $11,070.00 Location:Corpus Christi,Texas ADMINISTRATION FEE (1 Time Fee Per Project) 1 EA. $85.00 $85.00 GRAND TOTAL $74,850.00 This is only an estimate. Please make a note tht the actual fees Invoiced fro this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques,number of trips made to the jobsite,elapsed time from technician arrival to commencement of testing activities,and any time the technician Is required to be on-site but not performing testing activities. EXHIBIT"A" 1 of 1 Page 2 of 2 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" Pagel of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change.in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"B" Page 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. EXHIBIT"B" Page 3 of 3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB"will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the"CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the"CITY"at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by"LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY'S" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB"sufficiently in advance of any operations so as to allow for assignment of personnel by"LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: EXHIBIT"C" Page 1 of 3 (a) Stop work at the appropriate times for"LAB"to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of"LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that"LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by"LAB"or its subcontractors does not mean that"LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by"LAB"to the"CITY"or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 6. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by"LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECTS general contractor's safety measures in, on, or near THE PROJECT site. EXHIBIT"C" Page 2 of 3 ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by"CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY' and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as"LAB" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT Page 3 o 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 O n/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% SUPPLIER NUMBER rO tat.,SSIGNED IiY-CTI„V__,_, taIJ6R61ASING DIVNION 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 rovide the following information. � s'lo Cttt " � e, d q. If thaM>,questi n is nt t a to tthie, ifnswver wvifft '%W%% See reverse sl e for filing ketpuira;ntents, Certifications and defnutaons. CC1ll+IPANY NAME: Dock Engineering;& Testing;Laboratory,Inc. P.0.BOX: STREET ADDRESS: 6817 Leopard Street CITY. Corpus Christi ZIP: 78409 lalIkM 'IS: 1. Corporation X ?. Partnership 3. Selo Owner Cj 4 association 5. Other ®' DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side oftltis pa�a or attach separate sheet. 1.�Statc the names of each "`employee'" of the City" of Corpus Christi having an "ownership interest"'"constituting %or more of the ownership in the above named "firm."� N t Job Title and City Department(if known) . State the names of each "ofWfuciar'of the City"of Corpus Christi having an`'ownership interest" constituting 3'°r'a or more of the ownership in the above named"firm." Naa e Title . State the names of each "board member"' of the City of Corparas Christi having an "ownership interest"constituting 3�'%"ui or more of the ownership in the above named "firm." me Board,+Commission or Cotjutaittge A. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked oil any matter related to the subjcct of this contract and has ail `ownership interest"constituting 3%or more of the ownership in the above named "firm." Nance Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit oil any City official or employee that is distinguishable fronn the effect that the action will have on members of the,public in general or a substantial segment thereof, oil shall disclose that fact in a signed writang to tine Cit official, ernployce or body that has been requested to act in the matter, unless tine interest of tine City official or employee in the matter is apparapparent. The disclosure shall also be made in a signed writing riled with the City Secretary. ent. Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of tine 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: Curtis A.Rock Title; Business Development Manager ('rr•pr or Point) Sigma nrie of Certilfyiaag� IDsate: DEFINITIONS a. "Board rnernber." A member of any board, commission, or committee appointed by tine City Council orthe City of Corpus Christi,Texas. b. "Econornic benefit". An action that is likely to affect all economic interest if it is likely to have all effect oil that interest that is distinguishable horn its effect on members Of tine 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 all independent contractor.. d. "Firm." Any entity operated for economic grain„ 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 fornn of' sole proprietorship, as self-employed persona, 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, rnernbers of the City Council, City: Manager,, Deputy City Manager, Assistant City Managers. Department and Division Heads. and Municipal Court :fudges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding, entity. `"Constructively held" refers to holdings or control established through voting; trusts, proxies, or special terms of venture or partnership agreements." gg. "Consultant."Any person or finn, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation.. PROJECT BUDGET ESTIMATE McArdle Road Improvements Nile Drive to Ennis Joslin Whitaker Drive to Nile Drive Project No(s): E12097& E12098 Bond 2012 McArdle Phase 1 - Nile Drive to Ennis Joslin Street- Bond 2012 .............................................................................................. $ 3,100,000.00 Stree - Bond 2012 availabe project balance from McArdle Phase 1 651,654.15 WaterCIP................................................................................................... 302,000.00 WaterOrdinance.................................................................................................. 65,000.00 Future Water ................................................................................................ 985,000.00 Wastewater CIP................................................................................................ 256,000.00 WW Ordinance.................................................................................................... 360,000.00 Future WW ........................................................................................................ 1,465,000.00 Storm Water CIP............................................................................................ 1,186,000.00 future SW .................................................................................................... 818,000.00 GasCIP...................................................................................................... 28,000.00 futureGas .................................................................................................. 26,000.00 Total Funds Available McArdle Phase 1 - Nile to Ennis Joslin.................................. $ 9,242,654.15 FUNDS REQUIRED: Construction (Reytec Resources)............................................................................ 7,484,656.90 Street................................................................................... $ 3,054,155.90 Storm Water...................................................................... 1,608,264.00 Water................................................................................ 1,094,386.00 Wastewater....................................................................... 1,688,011.00 Gas.................................................................................. 39,840.00 Contingency(5%)................................................................................................. 374,232.85 Design Fees: Engineer(RVE Engineering)................................................................................... 488,437.20 Geotechnical Study and Testing (Kleinfelder) ............................................................ 7,905.00 Construction Materials Testing (Rock) ..................................................................... 52,395.00 Construction Inspection Services (Estimate)............................................................. 226,800.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............................ 138,639.81 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)............... 277,279.62 Miscellaneous (Printing/Advertising, Etc)................................................................ 10,000.00 TOTAL............................................................................................................... 9,060,346.38 ESTIMATED PROJECT BUDGET BALANCE........................................................... 182,307.77 PROJECT BUDGET ESTIMATE McArdle Road Improvements Nile Drive to Ennis Joslin Whitaker Drive to Nile Drive Project No(s): E12097& E12098 Bond 2012 McArdle Phase 2 -Whitaker Drive to Nile Drive Street- Bond 2012 .............................................................................................. $ 2,900,000.00 Street Ordinance.............................................................................................. (651,654.15) WaterCIP................................................................................................... 283,000.00 Wastewater CIP................................................................................................ 576,900.00 Storm Water CIP............................................................................................ 1,110,000.00 GasCIP...................................................................................................... 46,000.00 Total Funds Available McArdle Phase 2 -Whitaker Drive to Nile .............................. $ 4,264,245.85 FUNDS REQUIRED: Construction (Reytec Resources)............................................................................ 3,169,342.50 Street................................................................................... $ 11891,902.50 Storm Water...................................................................... 676,519.00 Water................................................................................ 132,682.00 Wastewater....................................................................... 445,769.00 Gas.................................................................................. 22,470.00 Contingency(5%)................................................................................................. 158,467.13 Design Fees: Engineer(RVE Engineering)................................................................................... 469,282.80 Geotechnical Study and Testing (Kleinfelder) ............................................................ 7,595.00 Construction Materials Testing (Rock) ..................................................................... 22,455.00 Construction Inspection Services (Estimate)............................................................. 97,200.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)............................ 74,624.30 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)............... 138,587.99 Miscellaneous (Printing/Advertising, Etc)................................................................ 5,000.00 TOTAL............................................................................................................... 4,142,554.72 ESTIMATED PROJECT BUDGET BALANCE........................................................... $ 121,691.13 4r ., r- ,r Nl ✓r .1 I r „!/ r 4 / r� J, /i, r , i, 1, il' ! ,l � if rr r r/ if ,l (f / ✓ I, .r r lr ,� ,l�r�, 'F/ ✓/f /l/�.,.r//� /.f.r � r/i �./ 1 1 ///.,.Lriill ✓„,.: .. ;,' :��' r!J11. � 1 ,,f1rY/ /!r.i>r-). /l/ f�„ v.. lJ.�!/„ //r r -,e^ :. ,,, /r .<! / J. rJ�,/ r /, ���,;: C,Y: : :,lli ;��if ,!� �yr'f%l, rf , ,,�i/rlrr /�✓ , f„ , ,, // rr ,�, r �� !r",r,J d�;' ,;; 'r ,i✓ ;,:/l/r r��r ,lrJlr,, ,r/r,l// a:�(rr/,;r/ l ,., ,, /, , f/ �,,, .. ,,. u/r �.. N r ,,,r �/r6 1l( r�/ �. 1/...r/ %� � rI/-. r rir ✓, /:, r����� /I(a!� ,,fY !/)� rYrr1 !/!�Yl/!r/iGr r rr r�r/i rr// / r�✓ l/!/f/,rr /// / r/ f r r.,t Iry".. % � If �f /II,�/-��, �;✓/��n, i r J.; ./r/ ri t.. /////r,Yrfi/r y'rl. f /. r / i r � r 1 � n f J �N��,/r" rar�rr;/ S/ri,� ,l// /�/✓i i//f / i v .,;, , r u I/r�l�N,+Y��:l,✓„r, ��5"/ rfl/f/l/�11f/�/ f'rrn !l////I/r,�ibr /i//,�/l/ %rr / r r '.� �r/:�f!S//1d1 j0ll/lift”/r„/!/�irr/✓1i;r i/!//ii(1/!�!!r�lJ�//I /f / 'S / a ✓ � / r,, rr '*� ` '” �� r %o/r}rill/o;fi(/y,r/l���rf�lfi'l/�j'r'%Ijj i�iJi f/f // r/ r/ r r r/ ) »„ !r%>U !f i%'/J rYr✓2.//y/dill i/'i/f fj/I/r r/ / r Ir u 7 f I r Ity 17 r � � � ✓ 1 r»r r PROJECT LOCATION r I #E12098 / / »1 �. y a, r' � ///�r�i �✓�%//��%���%/////i/%//� /i// / r /iii///%a - r �, / }�'• � '✓� of//i;/»���'%„ <,, ����/i�/////;iii%ii /i / r/ii; / r r PROJECT LOCATION r / #E12097 0 / r o / r / / i r 1 a 4 w rr✓ v r I�i 4 � /�� �/////vii it// ri,�, # �I r I n P I r r �k ^fv „ / LOCATION MAP PROJECT #E12097 & E12098 NOT TO SCALE N McARDLE ROAD FROM CITY COUNCIL EXHIBIT NILE DRIVE TO ENNIS JOSLIN ROAD CITY OF CORPUS CHRISTI, TEXAS #E12097 & WHITAKER DRIVE TO DEPARMENT OF ENGINEERING SERVICES NILE DRIVE #E12098 PAGE 1 OF 1 Corpus Ch r°st Capital Programs McArdle Road Improvements Ennis Joslin to Whitaker BOND 2012 Council Presentation March 18, 2014 PROJECT SCOPE PROJECT LOCATION MGARDLE ROAD FROM NILE DRIVE TO ENNIS JO SUN ROAD #*12097 & WHITAKER DRIVE TO NILE DRIVE #E12098 Corpus Chr sti Engineering Project includes: • Full reconstruction of McArdle Road from Ennis Joslin to Nile Drive • Full depth pavement reclamation of McArdle Road from Nile Drive to Whitaker Drive. 2 PROJECT SCHEDULE Corpus Christi Engineering Project Estimate: 780 Calendar Days 26 Months Projected Schedule reflects City Council award in March 2014 with anticipated construction completion in September 2015. 3 PROJECT BUDGET (Both Phases) Corpus Christi Engineering Street - Bond 2012 $ 6,000,000.00 Water C IP 1,635,000.00 Wastewater CIP... 2,657,900.00 Storm Water CIP... 3,114,000.00 Gas CIP 100,000.00 Total Funds Available McArdle Phase 1 & 2 FUNDS REQUIRED: Construction (Reytec Resources) $ 13,506,900.00 10,653,999.40 Street $4,946,058.40 Storm Water 2,284,783.00 Water 1,227,068.00 Wastewater 2,133,780.00 Gas 62,310.00 Contingency (5%) 532,699.97 Design Fees: Engineer (RVE Engineering) 957,720.00 Geotechnical Study and Testing (Kleinfelder) 15,500.00 Construction Materials Testing (Rock) 74,850.00 Construction Inspection Services (Estimate) 324,000.00 Reimbursements: 644,131.73 TOTAL 13,202,901.10 ESTIMATED PROJECT BUDGET BALANCE 303,998.90 4 PROJECT BUDGET (Phase 1) Corpus Christi Engineering Street - Bond 2012................................................................. $ 3,100,000.00 Stree - Bond 2012 availabe project balance from McArdle Phase 1 651,654.15 Water CIP............................................................................. 302,000.00 Water Ordinance..................................................................... 65,000.00 FutureWater.............................................................................................. 985,000.00 Wastewater CIP..................................................................... 256,000.00 WW Ordinance...................................................................... 360,000.00 Future WW............................................................................ 1,465,000.00 Storm Water C IP..................................................................... 1 ,186, 000.00 future SW ............................................................................. 818, 000.00 GasC IP..................................................................................................... 28, 000.00 futureGas........................................................................... 26,000.00 Total Funds Available McArdle Phase 1 - Nile to Ennis Joslin $ 9,242,654.15 FUNDS REQUIRED: Construction (Reytec Resources) ............................... 7,484,656.90 Street. $3,054,155.90 1,608,264.00 ................. 1,094,386.00 Wastewater. 1,688,011.00 Gas .................................... 39,840.00 Contingency (5%). 374,232.85 Design Fees: Engineer (RVE Engineering).... 488,437.20 Geotechnical Study and Testing (Kleinfelder) ............... 7,905.00 Construction Materials Testing (Rock) ........................ 52,395.00 Construction Inspection Services (Estimate).................. 226,800.00 Reimbursements: 425,919.44 TOTAL 9,060,346.38 ESTIMATED PROJECT BUDGET BALANCE 182,307.77 5 PROJECT BUDGET (Phase 2) Corpus Christi Engineering Street Ordinance WaterCIP.................................................................................................. WastewaterC IP....................................................................... . Storm Water C IP $ 2,900,000.00 (651,654.15) 283,000.00 576,900.00 1,110, 000.00 46.000.00 Total Funds Available McArdle Phase 2 - Whitaker Drive to Nile $ 4,264,245.85 FUNDS REQUIRED: Construction (Reytec Resources) 3,169,342.50 Street. $1,891,902.50 Storm Water...................................................................... 676,519.00 Water............................................................................... 132,682.00 Wastewater. 445,769.00 Gas........................................................................... 22, 470.00 Contingency(5%).......................................................................................... 158,467.13 Design Fees: Engineer (RVE Engineering) 469,282.80 Geotechnical Study and Testing (Kleinfelder) 7,595.00 Construction Materials Testing (Rock) 22,455.00 Construction Inspection Services (Estimate)....................................................... 97,200.00 Reimbursements: 218,212.29 TOTAL 4.142.554.72 ESTIMATED PROJECT BUDGET BALANCE $ 121,691.13 6 US 0 _ AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 xg Second Reading for the City Council Meeting of March 25, 2014 DATE: March 7, 2014 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager WesP@cctexas.com (361) 826-3082 Ordinance—Appropriating Lead Ballast Revenue for Columbus Sailors Association CAPTION: Ordinance appropriating $18,526 of revenue, from the sale of lead ballast from the Santa Maria, in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing revenue and expenditures by $18,526 each. PURPOSE: The purpose of this item is to appropriate funds from the sale of the lead ballast for the Columbus Sailors to utilize for repairs to the Nina, as outlined in the LEASE AGREEMENT RE: Nina, between the City of Corpus Christi and Columbus Sailing Association. BACKGROUND AND FINDINGS: In LEASE AGREEMENT RE: Nina, the City agreed to reserve funds from the sale of the lead ballast from Santa Maria during the term of the agreement to be used for payment to the CSA for repair, restoration and maintenance of the Nina. ALTERNATIVES: None that staff would recommend OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms with legal policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures Future 2013-2014 (CIP only) Current Year Years TOTALS Line Item Budget Encumbered / Expended Amount This item $18,526.00 $187526.00 BALANCE $187526.00 $18752 Fund(s): General Fund There is a revenue of$18,526.00 associated with this item. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance — Lead Revenue Appropriation. Ordinance Appropriating $18,526 of revenue, from the sale of lead ballast from the Santa Maria, in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing revenue and expenditures by $18,526 each BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That $18,526, from the sale of lead ballast from the Santa Maria, is appropriated in the No. 1020 General Fund for payment to Columbus Sailing Association for the cost associated with the repair and restoration of the Nina or for staging facilities for the Nina. SECTION 2. The FY 2013-2014 operating budget adopted by Ordinance No. 029915 is amended by increasing revenue and expenditures by $8,800 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor se 01 A A AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 0ONVOR 11 1852 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulp(c_cctexas.com 361-826-3164 Valerie Gray, Director of Street Operations va l eri eg p_cctexas.co m 361-826-1875 Traffic Control Radar Detection System CAPTION: Motion approving the purchase of four (4) traffic control radar detection systems from Twincrest Technologies, Mansfield, Texas for a total amount of $77,920. The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. Funds are budgeted in FY 2013-2014 in the Street Fund. PURPOSE The traffic control radar detection system will be installed at existing street signalized intersections to monitor traffic and control light signals. BACKGROUND AND FINDINGS: The traffic control radar detection system will replace the video detection systems at existing intersections. The traffic control radar detection system is a much more reliable system than the video system in adverse weather conditions and will alleviate the need to perform maintenance on the system. 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: Street 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 $274,190.72 $274,190.72 Encumbered / Expended Amount $44,827.68 $44,827.68 This item $77,920.00 $77,920.00 BALANCE $151,443.04 $151,443.04 Fund(s): Street Fund 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 vehicle radar detection systems BUYER: GABRIEL MALDONADO TX SmartBuy Contract: 550-A2 COUNCIL DATE: MARCH 18, 2014 Twincrest Technologies Mansfield, Texas ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE 1. Four (4) - Traffic Control radar detection systems to 1 Lot $77,920.00 $77,920.00 include the following: Wavetronix 20' Sensor Pigtail, 6 conductor home run cable, 2 channel detection cards, ethernet converter, 4 sensor assembly. Grand Total $77,920.00 se 01 A A AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 0ONVOR 11 1852 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Paul Pierce, Acting Assistant Director of Financial Services paulp(c_cctexas.com 361-826-3164 Jim Davis, Director of General Services j i mdp_cctexas.com 361-826-1909 F_ Service Agreement for Maintenance of City Hall HVAC System CAPTION: Motion approving a service agreement with Johnson Controls Inc., Corpus Christi, Texas for maintenance of the HVAC System located at City Hall for a total amount of $274,122 of which $24,794 is required for the remainder of FY 2013-2014. The award is based on the cooperative purchasing agreement with the State of Texas Cooperative Purchasing Program. The term of the agreement will be sixty months. Funds are budgeted by the Facility Maintenance Services Fund in FY 2013-2014. PURPOSE: The service agreement will cover regular maintenance of the chillers, the chiller drives, the pumps and cooling towers and all related repairs for the covered equipment. BACKGROUND AND FINDINGS: Not applicable. 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: Facility Maintenance 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 $340,199.48 $249,328.00 $589,527.48 Encumbered / Expended Amount $257,117.46 $257,117.46 This item $24,794.00 $249,328.00 $274,122.00 BALANCE $58,288.02 1 $58,288.02 Fund(s): Facility Maintenance Services Fund Comments: The $24,794 financial impact shown above represents six months of expenditures that will be encumbered through the end of this fiscal year. The remaining $249,328 represents fifty-four months of expenditures that will be requested during the normal FY 2014-2015 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement CITY OF CORPUS CHRISTI TXMAS CONTRACT#6-840160 PURCHASING DIVISION PRICE SHEET BUYER: GABRIEL MALDONADO COUNCIL DATE: MARCH 18, 2014 Johnson Controls, Inc. Corpus Christi, Texas ITEM DESCRIPTION QTY I UNIT UNIT PRICE I TOTAL PRICE 1. Service Agreement for Maintenance of City Hall 1 LOT $274,122.00 $274,122.00 HVAC System Grand Total $274,122.00 ��� ����N S��� ������������ P�ANNE�� SERVICE P����P��S��� �� F04R ".4 C'o'rpu��1�1'1� chr�sfl Planned Service Agreement Customer Name: CITY OF CORPUS CHRISTI Service Location: CITY HALL Address: 1201 LEOPARD ST CORPUS CHRISTI TX 78401-2120 Proposal Date:O2/O7/2O14 Estimate#: 1-3B8XN57 cope of Service Johnson Controls, Inc. ("JCI")and the Customer(collectively the"Parties")agree Preventative Maintenance Services, as defined in Schedule A("Services"), will be provided by JCI at the Customer's facility.This Planned Service Agreement,the Equipment List, Supplemental Price and Payment Terms, Terms and Conditions, and Schedules attached hereto and incorporated by this reference as if set forth fully herein (collectively the"Agreement"), cover the rights and obligations of both the Customer and JCI. ded Service Options for Premium Coverage As the Premium Coverage is selected, on-site repair services to the equipment will be provided as specified in this Agreement for the equipment listed in the attached Equipment List. Extended Service means service performed outside JC|'u normal business hours. |n the case of this agreement the Extended Services are to be applied 24 hours per day 7 days per week for covered equipment. Equipment List Only the equipment listed inthe Equipment List will be covered oo part of this Agreement.Any changes to the Equipment List must beagreed upon in writing by both Parties. [Term /A u,tornatic,Ren,ewal This Agreement takes effect onD4/O1/2O14 and will continue until O3/31/2O1Q. regarded ao the"Original Term". rigerant Charges Refrigerant is not included under this Agreement and will be billed separately to the Customer by JCI. m20n4JomnnCm��|m Johnson 410 � Controls oo not copy<pxyimaHy mlecmr|mnoy.urmanyodherma6ia)widmurH-wexpmsmwnkmn permission d Johnson Contrvs.|nw, Page | 1O PLANNED SERVICE PROPOSAL MAS PF',',',EPARED F'01`� of Coq�,',,u�us R.Fh16s ti, I' Price and Payment Te r rns The total Contract Price for JCI's Services during the 1st year of the Original Term is$49,588.00. This amount will be paid to JCI in Quarterly installments,at the beginning of each billing quarter. Pricing for each subsequent year of a multiyear original term is set forth in the Supplemental Price and Payment Terms.All payments will be due and payable within 30 days of the date the City of Corpus Christi is in receipt of Johnson Controls invoice, and such timely payment by the City is a condition precedent to JCI's obligation to perform its Services. Consideration of the pricing submitted herein, is of the understanding that all tasking be awarded to York/Johnson Controls. Any task that may be removed from this scope that may affect the efficiency of another task is subject to price change. The research time to develop the tasking and scope herein is included in the pricing submitted in this proposal. The exchange of data and information contained in this proposal is considered to proprietary to the parties intended, as allowable by law. Invoices will be sent to the following location: JCI US HVAC ES COMM Service Attn: Project Accounting LD35 507 Michigan Street Milwaukee,WI 53202 This proposal is valid for thirty days from the proposal date. JOHNSON CONTROLS, Inc. CITY OF CORPUS CHRISTI By:BRANT E.PATE By:PAUL PIERCE Signature: Signature: Title:ASSISTANT DIRECTOR OF Title:SENIOR ACCOUNT EXECUTIVE Date:0210712014 FINANCIAL SERVICES Date: Customer PO#: JCI Branch: Corpus Christi Service-0649 Address: 2209 N PADRE ISLAND DR STE F CORPUS CHRISTI TX 78408-2261 Branch Phone: 361 289 9675 r D,9014,Jahn vxi Cxjilluo9s Johnson 010 Ustcmw Ccofidrmfia:ld Controls Do not copy(phys?caHy eyectrorik�aHy,or rn any ofhes lned�a),Mttrout tl e expess wiRen nerm�ssbn of Johnson Contr0s,R nc, Page 111 d AGENDA MEMORANDUM oaPOwR ko Future Item for the City Council Meeting of March 18, 2014 2852 Action Item for the City Council Meeting of March 25, 2014 DATE: February 27, 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 Edward Byrne Memorial Justice Assistance Grant Program CAPTION: Resolution authorizing the submission of a grant application in the amount of $35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. PURPOSE: Funding is available from the State of Texas, Criminal Justice Division, under the Edward Byrne Memorial Justice Assistance Grant Program that provides funds to reduce crime and improve the criminal justice system. BACKGROUND AND FINDINGS: Currently there is no automation of Police Training records or for the Field Training Officer (FTO) program. Both programs generate over 20,000 documents a year. Automation will provide for easier access, fewer errors, less staff research time, reduced costs for maintaining all documentation, enhanced ability to evaluate a police recruits progress through the FTO program, and numerous other advantages provided through automation. There is no City match and the grant period will be 10/1/2014—9/31/2015. 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 BALANCE Fund(s): General Comments: RECOMMENDATION: Staff recommends submission of the grant application LIST OF SUPPORTING DOCUMENTS: Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program. to automate Police training records; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $35,000 to the State of Texas, Criminal Justice Division for funding available under the Edward Byrne Memorial Justice Assistance Grant Program to automate Police training records. SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. 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 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: 2/24/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mop_cctexas.com 361-826-3460 Public Art for Oso Bay Learning Center and Wetland Preserve CAPTION: Motion authorizing the City Manager or designee to execute documents necessary to purchase sculpture created by artist Dixie Friend Gay for a work of permanent art created in steel and authorize disbursement of $100,000 from the Bond Fund 3292 for such purchase. PURPOSE: Authorize an artist agreement for permanent art for the Oso Bay Learning Center and Wetland Preserve as part of the City's public art program. BACKGROUND AND FINDINGS: Incorporated into the design of the entrance to the future Oso Bay Learning Center and Wetland Preserve, the proposed sculpture by artist Dixie Friend Gay will be a 20' high blue heron fabricated out of weathered steel. The proposal was unanimously approved by the Arts and Cultural Commission at their January 14, 2014 regular meeting. ALTERNATIVES: Do not approve purchase of artwork. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: This project is being funded according to Public Art Policies and Guidelines. These policies and guidelines were passed by the City Council on March 10, 1987. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 $ 100,000 $ 100,000 Encumbered / Expended Amount This item BALANCE $ 100,000 $ 100 000 Fund(s): Parks & Rec 2010 GO (Bond 2008) Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Attachment—Concept drawing of artwork Artist Agreement Attachment —Concept Drawing Oso Bay Learning Center & Wetland Preserve - Public Art f f iii / / i� /✓ / / /% / i %� & M 'rr�r O" k •r � W .m.. „ wm ,� I Estimated height -20 feet Weathering steel Page 1 of 14 AGREEMENT FOR COMMISSION OF PUBLIC ART BETWEEN THE CITY OF CORPUS CHRISTI AND DIXIE FRIEND GAY FOR ARTWORK AT OSO BAY LEARNING CENTER AND WETLAND PRESERVE This agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas, a home-rule municipal corporation ("City"), acting through its duly authorized City Manager or the City Manager's designee ("City Manager") and Dixie Friend Gay of Houston, TX ("Artist"). WHEREAS, the City has allocated funds for the selection, purchase, and placement of a public work of art at, in, or near the selected site of the Oso Bay Learning Center and Wetland Preserve located at 2446 North Oso Bay Parkway, Corpus Christi, Texas ("Project Premises"); WHEREAS, Artist submitted a proposal to City's Arts and Cultural Commission ("Commission"); WHEREAS, the City and Artist wish to set out the terms and conditions under which the Artwork is to be designed, fabricated, and installed in order to promote the integrity of Artist' ideas and statements as represented in the artist's proposal and as represented by and in the completed Artwork; NOW, THEREFORE, the City and the Artist, for and in consideration of the covenants and agreements set out in this Agreement, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section is incorporated into this Agreement by reference and made a part of this Agreement for all intents and purposes. Section 2. Contract Administrator. The City's contract administrator for this Agreement is the City's Director of Parks and Recreation ("Director"). Section 3. Artwork. The City, through this Agreement, contracts with Artist to provide professional services in designing, constructing, finishing, transporting, and installing a permanent work of art created in weathering steel ("Artwork"). A representative design of the Artwork, including maquette, plans and specifications, will be approved by the Director and the Arts and Cultural Commission and will be attached to this Agreement as Exhibit A and incorporated in this Agreement by reference. The City and Artist acknowledge that Artist's preliminary design for the Artwork, currently attached to this Agreement as Exhibit A, had previously been reviewed and approved by the City's Arts and Cultural Commission ("Commission"), a commission whose members are appointed by the City's City Council ("City Council"). Section 4. Term of Agreement. This Agreement, excluding certain covenants that survive this Agreement including, but not limited to, Sections 17, 19(B), 22, 23, and 25, will expire upon the City's final payment to Artist as governed by Sections 5(B)(iv) and 8(C) of this Agreement. Page 2 of 14 Section 5. Compensation and Payment Schedule. A. The City will pay directly to Artist a fixed fee of $100,000.00, which is full compensation for all services to be performed and all materials to be furnished by Artist under this Agreement. The payment of compensation to Artist, at any time during the term of this Agreement, will not be deemed a waiver of any right of the City or acceptance, by the City, of defective performance by Artist. B. The fee will be paid in the following installments, each installment to represent full and final payment for all services and materials provided prior to the payment thereof: (i) $15,000.00 will be remitted by the City to the Artist within ten (10) working days of this Agreement being signed by both parties, (ii) $50,000.00 will be remitted by the City to the Artist within ten (10) working days of the maquette, plans and specifications being approved by the City (iii) $25,000.00 will be remitted by the City to the Artist within ten (10) working days of the Artwork being substantially completed in Artist's studio (iv) $10,000.00 within ten (10) working days of the Artwork being installed and Notice of Final Acceptance has been issued accepted Section 6. Fabrication of Artwork. Artist shall furnish all labor, tools, materials, machinery, equipment, and incidentals necessary for the execution of the Artwork, except the materials and labor for construction of the footing for the Artwork. Section 7. Completion of Artwork. The Artwork should be fully fabricated and ready for installation no later than 180 days after contract execution. Deviation from this deadline requires written notice to the City, but in no way shall fabrication and installation take more than 240 days. Section 8. Notice of Substantial Completion, Notice of Acceptance, and Notice of Final Acceptance. A. Director, or designee, shall inspect the Artwork maquette. Upon acceptance of the Artwork maquette, the City shall provide Artist with "Notice of Acceptance" and will issue payment to Artist, under Section 5(B)(ii) of this Agreement ("Notice of Acceptance"). Upon receipt of a deficiency notice, Artist will be given a reasonable time in which to correct all deficiencies noted by the City. Artist shall assume all costs associated with the correction of any deficiencies noted. Upon correction of all deficiencies, the City shall notify Artist in writing of the City's accepted arrival of the Artwork and issue a Notice of Acceptance. B. Artist shall send to Director a written notice of substantial completion ("Notice of Substantial Completion") when the Artwork has been substantially completed in accordance with the plans and specifications described in Exhibit A and will issue payment to Artist, under Section 5(B)(iii) of this Agreement. C. Upon installation of the Artwork and site cleanup, the City shall notify Artist in writing of its final acceptance ("Notice of Final Acceptance") of the Artwork and will issue payment to Artist, under Section 5(B)(iv) of this Agreement. Final acceptance shall not Page 3 of 14 be unreasonably withheld. Site cleanup shall consist of Artist cleaning and removing from the installation site all surplus and discarded materials, temporary structures, and debris of every kind occasioned by Artist's installation work in order to leave the installation site in a clean and orderly condition, substantially the same as that which originally existed. Section 9. Installation of the Artwork. Artist shall provide plans and specifications for installation of the Artwork. Artist will also be contractually responsible for all completion costs associated with construction and installation of the Artwork. Artist shall be contractually responsible for the physical installation of the Artwork and all completion costs associated with the installation of the Artwork at the Project Premises, in compliance with the project's design firm. Section 10. Artwork Maintenance Instructions. Artist shall submit, within fourteen (14) days after installation of the Artwork, instructions regarding routine maintenance required for each component of the Artwork. Section 11. Work Standards. All fabrication work must be performed in a good and workmanlike manner and in accordance with the plans and specifications in Exhibit A. Section 12. Taxes. A. The City is a tax-exempt organization and no State of Texas or local sales taxes are due upon the Artwork by the City. The City shall supply Artist with a copy of the Texas Sales Tax Exemption Certificate ("Texas Certificate"). The City does not warrant that the Texas Certificate will be acceptable in any other jurisdiction outside the boundaries of Texas for tax-exempt purchases of materials or supplies to be used for the Artwork. B. Artist is solely responsible for the payment of any and all taxes that may become due to any taxing authority, agency, or entity with respect to services provided by Artist or with the Artwork that is the subject of this Agreement. This provision survives the expiration or earlier termination of this Agreement. C. Artist shall pay, before delinquency: all taxes, levies, and assessments arising from Artist' activities and undertakings pursuant to this Agreement; taxes levied on Artist' art studio and any improvements on the studio property or other place used for the fabrication and completion of the Artwork; taxes levied on Artist' equipment, tools, and machinery; and taxes levied on Artist' interest in this Agreement. Section 13. No Assignment of Work Without Authorization. The work and services required of Artist under this Agreement are personal to Artist and may not be assigned, delegated, or transferred without the express, written approval of the City. This provision does not prohibit Artist from having the Artwork cast at an approved foundry or from employing qualified personnel to work under Artist' direct supervision and control with respect to the Artwork. Section 14. Review of Work in Progress. Upon reasonable, prior notice to Artist, the City's officers, employees, and agents must be allowed to make reasonable inspections and reviews of Artist' progress with respect to the Artwork. Page 4 of 14 Section 15. Insurance. A. Artist shall secure and maintain, during the term of this Agreement and at Artist's sole expense, the levels and types of insurance set out in Exhibit B, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. B. Any subcontractors, if approved by the City, must secure and maintain the same levels and types of insurance shown in Exhibit B prior to performing any work related to this Agreement. C. Artist shall provide proof, by certificate of insurance meeting the limits and requirements set out in Exhibit B, to the City's Risk Manager and Director upon the execution of this Agreement. D. The certificate of insurance must name the City as an additional insured and must provide the City with at least 30 days written notice of cancellation, material change, or intent not to renew any insurance coverage required by Exhibit B. Section 16. Artist's Expenses. Artist shall be responsible for the payments of all mailings for submission to the City, including any required insurance certificates; shipping costs of the Artwork to the City; all costs of travel by Artist; all labor costs for Artist' employees; and all other costs, unless specifically excluded in this Agreement, that are necessary for the proper performance of the work, services, and obligations required by Artist under this Agreement. Section 17. Public Information by Artist. Artist shall acknowledge the City's role in purchasing the Artwork in all public presentations and written, printed, or electronic publications of the Artwork following the execution of this Agreement. This obligation of Artist survives the termination of this Agreement. Section 18. Independent Contractor; Lack of Contractual Authority. A. Artist shall perform all work and services under this Agreement as an independent contractor and not as an agent, representative, or employee of the City. B. This Agreement does not establish Artist as the agents or legal representatives of the City for any purpose whatsoever, and Artist are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of, or in the name of, the City or to bind the City in any manner whatsoever. Section 19. Title; Copyright and License to Reproduce. A. Title to the Artwork will pass to the City upon remittance of the final payment. B. City obtains the rights to graphically reproduce, through photography or otherwise, the image of the Artwork including, but not limited to, the Artwork proposal and all preliminary studies, and to authorize third parties to graphically reproduce, through photography or otherwise, any and all of the same as are desired by the City for any purpose deemed appropriate by the City Manager. On each municipal reproduction, Artist will be acknowledged, using designations provided by Artist, to be the creator of the original Page 5 of 14 Artwork depicted, provided that reproductions of any proposals and preliminary studies may not be identified as, or represented to be, the finished Artwork. The rights granted by this subsection survive the termination of this Agreement. Section 20. Risk of Loss. Artist shall take all measures reasonably necessary to protect the Artwork from loss or damage until Artist have completed delivery to the City of all materials that constitute and form the Artwork and ownership is transferred to the City. Artist shall obtain property insurance, as set out in Section 15 of this Agreement, for loss or damage of the materials paid for by the City while in Artist' possession and control. Section 21. Indemnification. To the extent allowed by Texas law, Artist ("Indemnitors") shall fully indemnify, save, and hold harmless the City and its officers, employees, and agents (collectively, "Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injury (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), property loss, or damage of any kind whatsoever, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or the Indemnitor's employees, representatives, or agents, acting alone or in collusion with others, which may arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, Indemnitor's design, fabrication, installation, repair, restoration, or removal of the Artwork and any act or omission of the Indemnitor or of any agent or employee of Indemnitor pursuant to performance under the terms of this Agreement. The terms of this indemnification are effective regardless of whether the injury, damage, or loss is caused by the sole, contributory, or concurrent negligence of the Indemnitees or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitee is made a party to any litigation against the Indemnitor or in any litigation commenced by any party other than Indemnitor relating to this Agreement, Indemnitor shall, upon receipt of reasonable notice regarding commencement of litigation and at his/her own expense, investigate all these claims and demands, attend to their settlement or other disposition, defend Indemnitee in all actions based thereon with counsel satisfactory to the Indemnitee, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claim, demand, or action. No liability attaches to the City by virtue of entering into this Agreement except as is expressly provided for under this Agreement. This provision survives the expiration or earlier termination of this Agreement. Section 22. Artist' Warranties. A. Warranty Against Defects. Artist warrants that the Artwork is designed to last for 20 years, and guarantees the Artwork against faulty material and workmanship, including inherent vice, for 1 year. The term "inherent vice" means a quality within the material(s) that compromise(s) the Artwork and, either alone or in combination, results in the tendency of the Artwork to destroy itself and its image. In the event of a claim by the City for faulty material or workmanship, Artist shall, at the City's option, remedy or pay for any loss or damage resulting from faulty material or workmanship that occurs or appears after the date the City issues a Notice of Final Acceptance of the Artwork. The City shall give written notice with reasonable promptness to Artist regarding observed defects in the Artwork that occur or appear. Nothing contained in this Agreement or any action whatsoever by the City constitutes an acceptance of work not done in accordance with the provisions of this Agreement or relieves Artist of liability or responsibility for faulty material or workmanship. This provision survives the expiration of this Agreement. Page 6 of 14 B. Warranty of Title. Artist warrants and guarantees that, upon the City's final remittance of payment to Artist, the City acquires good title to the Artwork and that the Artwork is free from any and all claims, liens, and charges of and by any person or entity including, but not limited to, all employees and suppliers of Artist. This provision survives the expiration of this Agreement. Section 23. Collection Management. A. The City reserves the right to manage its collection of art, including the Artwork, consistent with all applicable laws, the City's Charter, ordinances, and municipal policies. The City, through this Agreement, is commissioning and purchasing a work of public art, and the City shall determine the Artwork's placement at the Project Premises. This reservation of rights survives the expiration of this Agreement. B. The City reserves the right to manage its buildings, facilities, and public sites for public purposes and, in doing so, may determine that it is necessary to relocate or remove the Artwork or modify the site in or on which it is located. This reservation of rights by the City survives the expiration of this Agreement. Section 24. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, and riots or interference by civil or military authorities. Artist shall inform the City in writing and submit proof of force majeure within three (3) business days of the event or occurrence of force majeure. Artist' failure to inform and submit proof to the City of force majeure constitutes a waiver of this right as a defense. The failures or delays to perform extend the period of performance until these exigencies have been removed. Section 25. Survival of Terms. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations set forth in this Agreement that: 1) the parties have expressly agreed survive the termination or expiration; 2) remain to be performed; or 3) by their nature would be intended to be applicable following the termination or expiration. Section 26. Non-Discrimination. Artist shall not discriminate or permit discrimination against any person or group of persons, as to employment or in the performance of services under this Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The Director retains the right to take the action as the United States may direct to enforce this non- discrimination covenant. Section 27. Compliance with Laws. A. Artist must comply with all applicable Federal, State, and local government laws, rules, regulations, and ordinances that may be relevant or applicable to Artist' performance under this Agreement. B. This Agreement is also subject to applicable provisions of the City's Charter. Page 7 of 14 Section 28. Venue. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was executed and will be performed. Section 29. Interpretation. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 30. Notice. A. All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; (5) by fax transmission; or (6) e-mail. B. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax or e-mail will be deemed effective upon transmission with proof of delivery to the receiving party. All communications must only be made to the following: IF TO CITY: IF TO ARTIST: City of Corpus Christi — Parks and Recreation Dixie Friend Gay Attn: Michael Morris, Director 1901 West 14th 1201 Leopard; 3 d Floor Houston, Texas 77008 P.O. Box 9277 (713)868-7435 Corpus Christi, Texas 78469-9277 dfg&dixiefriendgay.com (361) 880-3464 (361) 880-3864 Fax M ichael Mop_cctexas.com C. Either party may change the address to which notice is sent by using a method set out above. Artist shall notify City of an address change within ten (10) days after the address is changed. Section 31. Mechanics and Materialman's Liens. Artist must not allow the Artwork to be encumbered by any notice of intention to file a mechanic or materialman's lien or by the filing of a mechanic or materialman's lien. In the event that any notice of intention to file a mechanic or materialman's lien is received by Artist or a mechanic or materialman's lien is filed against the Artwork purporting to be for labor or materials, Artist must discharge the same within ten (10) days of the notice or filing. Section 32. Disputes. Any disputes concerning Artist' performance of this Agreement that are not disposed of by agreement between Artist and the Director will be referred to the City Manager or the City Manager's designated representative. If these persons do not agree upon a decision within a reasonable period of time not to exceed forty-five (45) days, the parties may pursue other legal rights and remedies to resolve the disputes. Page 8 of 14 Section 33. Modification or Amendment. No modification or amendment of any of the terms of this Agreement will be effective unless the modification or amendment is in writing and signed by an authorized representative of each of the parties to this Agreement. Section 34. Waiver. A. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. C. If any action by Artist requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same action or any other action on any other occasion. D. Any waiver or indulgence of Artist' default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Artist are in default in any of its conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of said rights and remedies that the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies allowed under this Agreement, in law, or in equity. E. Any waiver or indulgence of the City's default of any provision of the Agreement will not be considered an estoppel against the Artist. It is expressly understood that, if at any time the City is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Artist to promptly avail themselves of said rights and remedies that the Artist may have will not be considered a waiver on the part of the Artist, but the Artist may at any time avail themselves of said rights or remedies allowed under this Agreement, in law, or in equity. Section 35. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. B. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, in lieu of each illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to Page 9 of 14 the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 36. Acknowledgment and Construction of Ambiguities. The parties expressly agree that they have each independently read and understood this Agreement. By Artist' execution of this Agreement, Artist agree to be bound by the terms, covenants, and conditions contained in this Agreement. By agreement of the parties, any ambiguities in this Agreement may not be construed against the drafter. Section 37. Captions. The captions utilized in this Agreement are for convenience only and do not in any way limit or amplify the terms or provisions of this Agreement. Section 38. Disclosure of Interests. Artist further covenant and agree, in compliance with the City Code of Ordinances, Section 2-349, as amended, to complete the Disclosure of Interest form that is attached to this Agreement as Exhibit C and that is incorporated by reference into this Agreement. Section 39. Executory Agreement. This Agreement is not considered valid until signed by authorized representatives of each of the parties and approved by the City Council. Section 40. Entire Agreement. No verbal agreements or conversations between any officer, employee, or agent of the City and Artist or Artist' agent prior to the execution of this Agreement affect or modify any of the terms or obligations contained in this Agreement. Any verbal agreements or conversations prior to execution of this Agreement are considered unofficial information and in no way binding on either party. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Artist for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Artist' performance under this Agreement. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of 12014. ATTEST: CITY OF CORPUS CHRISTI Susan Thorpe Assistant City Manager Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM 2014 Douglas K. DeFratus, Assistant City Attorney Page 10 of 14 ARTIST Fly: rinted Title: ' Date: ._ STATE OF TEXAS COUNTY OF HAireis This instrument was acknowledged before me on ►axary li , 2014, by Dixie Friend Gay. Seal: GELIQUE TORRES MONTOYA MY COMMISSW EVIras M&Y 91,2017 Notary Public, State of Texas 1' aod`7 Anjaljae T. A4 o,n+v f c� MY Commission Expires Notary's Printed blame LIST OF ATTACHED EXHIBITS Exhibit A. Artwork Flans and Specifications Exhibit B: Insurance requirements Exhibit C: Artist's Disclosure of Interest Page 11 of 14 EXHIBIT A Vh , r xu n a `hoc "n,N IXIIIE, FRIEND GAY 10/18/'20 1 �V, A � u "" Page 12 of 14 EXHIBIT B I. ARTIST'S INSURANCE REQUIRMENTS A. Artist must not transport the Artwork from the Artist's studio or install the Artwork on site until all insurance required herein has been obtained and such insurance has been approved by the City. Artist must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Artist must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of non-renewal, material Bodily Injury and Property Damage change or termination and a 10 day written Per occurrence/aggregate notice of cancellation is required on all certificates COMMERCIAL GENERAL LIABILITY including: $500,000 Per occurrence 1. Commercial Form 2. Premises —Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Fire Damage AUTOMOBILE LIABILITY FOR OWNED, NOW $50,000 COMBINED SINGLE LIMIT OR OWNED OR RENTED VEHICLES EQUIVALENT TRANSPORTATION / INSTALLATION In amounts sufficient to cover the INSURANCE replacement cost of the artwork To be provided by person or entity providing the transportation and installation of the artwork 1. During the transportation to and installation of the artwork at the Site C. In the event of accidents of any kind, Artist must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Page 13 of 14 II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or' between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after"left". The name of the project must be listed under"Description of Operations". At a minimum, a 30-day written notice of material change, non-renewal or termination and a 10 day written notice of cancellation is required. B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13. (1)-(7) are included or excluded. 2014 Insurance Requirements Parks & Recreation Department— Oso Bay Park Learning Center Artwork Project 11/14/2013 ds Risk Management Page 14 of 14 EXHIBIT C L DISCLOSURE OF INTERESTS A. In accordance with City Cede of Ordinances, Section 2-349 ARTIST'shall list all city employees, official; and board member having an ownership interest in ARTIST' business constituting three (3) per cent or more;or having any pecuniary interest in the transaction or property which is the subject of this contract in the space provided below (Attach additional sheet if necessary). S. If no city employees, officials, or board members have any ownership interest in ARTIST' business, nor have any pecuniary interest in the transaction or property which is the subject of this contract, ARTIST shall initial the appropriate space provided below. City Em to iee Official or Board Member blame No city employee, official, or board member has an ownership interest in ARTIST' business constituting three (3) per cent or more; nor does any city employee, official, or board member have a pecuniary interest in the transaction or property which is the subject of this contract. ARTIS Sy Date:k-/ �pma�=gym AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services constancep @cctexas.com (361) 826-3227 Approval of Financing for Phase 2 of Energy Projects CAPTION: A. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014. B. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2014" in an amount not to exceed $9,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the contractual obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the contractual obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the contractual obligations; and providing an effective date. PURPOSE: The purpose of this agenda item is to provide financing needed in order to execute Amendment No. 2 for energy services with McKinstry Essention for work associated with Phase 2 of the retrofit assessment of the City's major facilities and energy audit. BACKGROUND AND FINDINGS: As part of a $2,507,500 grant received from the Energy Efficiency and Conservation Block Grant Program, the City of Corpus Christi is required to conduct energy audits and retrofits of selected municipal buildings and selected facilities and infrastructure. Energy Savings Phase 1 was completed in 2013, and the City is moving forward with Phase 2. Phase 2 includes 76 facilities, implementing a comprehensive strategy to continue to reduce energy and water consumption, as well as completing a city-wide Building Automation System at a cost of$7,709,592. Energy and water efficiency applications will be implemented at City Hall, Police and Courts, the Science and Art Museums, Libraries, Community Centers, Fire Stations, Convention Center, Park and Recreations, Marina, Gas Department, Water Department and City Administration's Frost Bank. In order to finance this project, several different financing tools were examined. Upon consultation with the City's financial advisor and bond counsel, Public Property Finance Contractual Obligations (PPFCO's)were identified as the most cost effective financing tool for this project, as was the case with Phase 1 . Public Property Finance Contractual Obligations are authorized under Subchapter A, "Public Property Financing Act", Chapter 271 of the Local Government Code and are used to finance personal property and equipment acquisitions for a term not to exceed 25 years. "Personal property" includes appliances, equipment, facilities, and furnishings, or an interest in personal property; or material and labor incident to the installation of that personal property. It does not include real property. Based on a review of the attached list of projects, bond counsel concluded that approximately 95% of the projects qualify to be funded with PPFCO's. Building envelope improvements, which are approximately 5% of the project ($379,360 of the total project amount of $7,709,592) do not qualify. This includes the installation of weather stripping, chalking, sealants, etc. around buildings to reduce infiltration and exfiltration. Funding for the excluded portion will come from either the City's operational budget orfrom other general obligation debt. Execution of Public Property Finance Contractual Obligations is similar to other debt the City issues. A financial advisor is utilized for the transaction, and appointment of M. E. Allison & Co., Inc. is being recommended in Part A of this agenda item. Part B of this agenda item authorizes the issuance of the Public Property Finance Contractual Obligations and is structured as a parameter -similar to the City's most recent debt financings. The parameter ordinance authorizes the City Council to delegate to the Mayor, City Manager, and Assistant City Managerfor General Government and Operations Support (i.e., "Authorized Representatives") the authority to effect the sale of the Contractual Obligations subject to the following parameters: (1) the principal amount of each series of the Obligations may not exceed $9,000,000; (2) none of the Obligations shall bear interest at a rate greater than 7% per year; and (3) the Obligations must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the Contractual Obligations to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. Due to the size of this transaction, it is being structured as a privately-placed loan — meaning that our financial advisor will be soliciting bids to financial institutions. As a result, no underwriters will be needed for this transaction. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Issuance of municipal obligations are exempted from the City of Christi's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department • Engineering Services FINANCIAL IMPACT: PART B: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - -This item - $ 9,000,000 $ - $ 9,000,000 BALANCE - $ 9,000,000 $ - $ 9,000,000 FUND(S): Fund 3163 Energy Effncy CIP 2014 PPFCO COMMENTS: Although the project is budgeted at $7,709,592, the amount authorized in the parameter ordinance is an amount not to exceed $9,000,000 to cover other costs included in the project budget including consultant fees, reimbursements, and contingencies. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Fee Schedule Summary of Projects Ordinance K" Jac. INVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS And Not More than More than $ $ 250,000 $7,500 plus$20.00 per$1,000 for all over$150,000 250,000 350,000 $9,500 plus$10.00 per$1,000 for all over$250,000 350,000 500,000 $10,500 plus$8.00 per$1,000 for all over$350,000 500,000 700,000 $11,700 plus$7.00 per$1,000 for all over$500,000 700,000 1,000,000 $13,100 plus$6.00 per$1,000 for all over$700,000 1,000,000 1,500,000 $14,900 plus$5.00 per$1,000 for all over$1,000,000 1,500,000 5,000,000 $17,400 plus$3.00 per$1,000 for all over$1,500,000 5,000,000 10,000,000 $27,900 plus$1.65 per$1,000 for all over$5,000,000 10,000,000 20,000,000 $36,150 plus$1.00 per$1,000 for all over$10,000,000 20,000,000 No Limit $46,150 plus$0.85 per$1,000 for all over$20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations,the fee shall be the amount computed from the above schedule,plus 25%. EXHIBIT A �a 0uwrana0 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 18, 2014 Second Reading for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Financing for Proposed Bond 2014 Design Work CAPTION: A. Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000. B. Ordinance authorizing the issuance of "City of Corpus Christi, Texas Tax Notes, Series 2014" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of a Payment Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the provisions of the Depository Trust Company's Letter of Representations; and providing an effective date. PURPOSE: The purpose of this agenda item is to provide funding for the design work of street projects listed under Proposition One of the Council approved street project list for a November 2014 bond election. BACKGROUND AND FINDINGS: Part A: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See attachment for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is usually underwriters. However with the issuance of tax notes, the City will issue a request for bids to local banks in Corpus Christi and other financial institutions for the purchase of the tax notes. Therefore, no underwriters will be needed. Part B: City Council discussions have emphasized the need to have the design of proposed street projects complete before the November 2014 election date to allow for project completion in approximately two years. Authorization for the tax notes will provide the funding mechanism for staff to begin the design process on the projects listed under Proposition One. (See attachment.) Tax notes are being recommended for this financing because they are for a short duration which cannot exceed seven years. Additionally no offering document is needed nor are underwriters. The City will send out bid requests to local banks and other financial institutions; will give them two weeks to respond; and then the institution offering the lowest interest rate will win the bid. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department • Engineering FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - - - - Encumbered/Expended amount of(date) - - - - This item - $8,000,000 - $ 8,000,000 BALANCE - $8,000,000 - $ 8,000,000 FUND(S): Street CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Fee Schedule Ordinance K" Jac. INVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS And Not More than More than $ $ 250,000 $7,500 plus$20.00 per$1,000 for all over$150,000 250,000 350,000 $9,500 plus$10.00 per$1,000 for all over$250,000 350,000 500,000 $10,500 plus$8.00 per$1,000 for all over$350,000 500,000 700,000 $11,700 plus$7.00 per$1,000 for all over$500,000 700,000 1,000,000 $13,100 plus$6.00 per$1,000 for all over$700,000 1,000,000 1,500,000 $14,900 plus$5.00 per$1,000 for all over$1,000,000 1,500,000 5,000,000 $17,400 plus$3.00 per$1,000 for all over$1,500,000 5,000,000 10,000,000 $27,900 plus$1.65 per$1,000 for all over$5,000,000 10,000,000 20,000,000 $36,150 plus$1.00 per$1,000 for all over$10,000,000 20,000,000 No Limit $46,150 plus$0.85 per$1,000 for all over$20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations,the fee shall be the amount computed from the above schedule,plus 25%. EXHIBIT A �a 0uwrana0 1852 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: March 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Reimbursement Resolution for Marina "R" Pier Project CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt or taxable obligations to be issued by the City for authorized purposes in an amount not to exceed $2,600,000; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: Since the City may begin awarding contracts for the replacement of the "R" Pier at the Corpus Christi Marina 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: The existing "R" Pier at the City Marina was constructed in 1982 but now 32 years later, the dock is rotted and unsafe for its intended purpose. A replacement dock is being proposed at a cost of $2,600,000 for a minimum of 91 boats slips up to 146 boat slips, depending on the pricing resulting from the bids. Costs associated with the design/build contract are 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'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX- EXEMPT OR TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES IN AN AMOUNT NOT TO EXCEED $2,600,000; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with(i)building, improving, extending, renovating, enlarging, and repairing the City's Marina System (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii)the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv)the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution(the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended(the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt or taxable obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed$2,600,000 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 57733150.3 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 or taxable 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- 577331503 SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] -3- 57733150.3 PASSED AND ADOPTED on the 25th day of March, 2014. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary APPROVED THIS...............DAY OF 2014: City Attorney -4- 57733150.3 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 Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of March, 2014, relating to establishing the City's intention to reimburse itself in an amount not to exceed $2,600,000 for improvements to the City's Marina System, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the day of 52014. City Secretary (CITY SEAL) -5- 577331503 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 IT AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of March 18, 2014 18.52 Action Agenda Item for the City Council Meeting of March 25, 2014 DATE: February 26, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo 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 Amendment No. 1 to Architectural Design Contract Fleet Maintenance Heavy Equipment Shop Roof CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $34,620, for a total re-stated fee of $59,070, for Fleet Maintenance Heavy Equipment Shop Roof for the design, bid, and construction phase services. BOND ISSUE 2012 PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC for Fleet Maintenance Heavy Equipment Shop Roof Project so design work may begin. BACKGROUND AND FINDINGS: The engineering services of this project consist of Phase 1 Engineering Inspection and Phase 2 Engineering Design. Phase 1 Engineering Inspection Report aimed to evaluate the status of roof structure and determine engineering measures needed for roof improvements/replacement through site inspection and survey, which was complete in December 2013. Based on the determination of the Phase 1 Engineering Inspection Report, the scope of work of Phase 2 includes the following: 1. Replace existing light fixtures in maintenance bays; 2. Replace existing water damaged suspended acoustical ceilings in office areas; 3. Repair or replace the existing damaged sheet metal wall panels, and 4. Replace the existing sheet metal roof system. The proposed Amendment No. 1 allows Solka Nava Torno, LLC, to move forward to Phase 2 Engineering Design. The construction of this project will go through Job Order Contract (JOC) Program. ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 3 Service Center Complex Improvements. Solka Nava Torno, LLC of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. Solka Nava Torno, LLC was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Architectural Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Fleet Maintenance 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 $350,000.00 $0.00 $350,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $34,620.00 $0.00 $34,620.00 Future Anticipated $0.00 $315,380.00 $0.00 $315,380.00 Expenditures BALANCE $0.001 $0.001 $0.0 $0.00 Fund(s): Public Facility Bond Issue 2012. COMMENTS: Not applicable. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Architectural Design Contract with Solka Nava Torno, LLC so design may be completed by the end of August 2014. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation PROJECT BUDGET Fleet Maintenance Heavy Equipment Shop Roof BOND ISSUE 2012 FUNDS AVAILABLE: Public Facility Bond 2012 CIP................................................................................. $350,000.00 TOTAL.............................................................................................................. $350,000.00 FUNDS REQUIRED: Construction (preliminary estimate)......................................................................... $265,372.00 Design Fees: Design Architect (Solka Nava Torno, LLC) (authorized services) .................................. 59,070.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)....................................... 3,619.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services).............................. 15,304.00 Finance............................................................................................................. 3,619.00 Misc. (Printing, Advertising, etc.)............................................................................. 3,016.00 TOTAL.............................................................................................................. $350,000.00 ESTIMATED PROJECT BUDGET BALANCE........................................................... $0.00 l��r /% �r ✓ r r "� �� ra ti•' � r y� r / rwA r / rf.1 � � i✓ / �x��,�„r' °r ,��/�w by d�rl""� r i �% � /✓, � �r ail w � r i i'; I r ttro, / r �/✓ AMC' �"� �M;�u'�TP l j�:i/1 �� � �r irr�! %� � �� Allk r �� ✓ �+������,.�,a r, d"�mlrw� / Zia,/�� , �" � i �� ?% v � ;/ / r �d D a r;/��i ✓ > / �/irrr �. r: W ou WWII I i U And R jj PROJECT LOCATION �m ,rw rrl, %r r � �' Fleet Maintenance Heavy t °`I �� ' Equipment Shop Roof ' / r �! '/ � �' „ �i"C ;�,"ar ,'`'° �ri»'w' (I�(r✓�'N �'r,^ ✓ !1 /r ` ,/ Pi � N'>aJrH �,� �r / i w �'' err� � � ii r � ✓ mrKU, « r ✓ i r ,y.. w f�f r ,�� n ,,, ^��:,., ,r- r ;w� Wrw,w .. �� "'wrur, / � ;• Au'�,C' �r1'P✓iii � �.� °� � � ri w�� �y' / r LOCATION MAP PROJECT #E12113 NOT TO SCALE N CITY COUNCIL EXHIBIT Fleet Maintenance Heavy CITY OF CORPUS CHRISTI, TEXAS Equipment Shop Roof (E12113) DEPARMENTOF ENGINEERING SERVICES L-L I PAGE 1OF1 AMENDMENT NO. I TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Solka Nava Torno, LLC agree to the following amendment to the Contract for Professional Services for Fleet Maintenance Heavy Eguipment.Shop Roof(Project No., E12113) BOND ISSUE 2012, as authorized and amended by. Original,Agreement April 10, 2013 .........._J_Administrative Approval $24,450.00 Exhibit "A", Section A. Basic Services, shall be modified to include Design Phase Services and JOC RFP Phase as specified in Amendment No. I Exhibit "A". Exhibit "A", Section B. Additional Services, shall be modified to include Windstorm Certification, Construction: Observation (Project Representation), and Warranty Phase as specified in Amendment No. 1 Exhibit "A"'. Exhibit "A", Project Schedule, shall be modified as specified in the attached Amendment No. 1, Exhibit "A", Project Schedule. Exhibit "A" Section C. Fee Summary., shall be modified as specified in Amendment No. I Exhibit "B"' Summary of Fees for a fee not to exceed $34,620.001 (Thirty Four Thousand Six Hundred Twen Dollars and Zero Cents), for a total restated fee not to exceed $,59,070.00 (Fifty Nine Thousand Seventy Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". The ARCHITECT agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in Exhibit "D", All other terms and conditions of the April 10, 2013 contract and amendments between the City and Solka Nava Torno, LLC will remain in full force and effect. CITY OF CORPUS CHRISTI S4O V T LLC Gustavo Gonzalez, P.E., (Date) Glen Ray Torno, AIA, (Date) Assistant City Manager Project Architect for Public Works & Utilities 6262 Weber Road, Suite 310 Corpus Christi, TX 78413 (361) 854-1471 Office RECOMMENDED (361)854-1470 Fax Daniel Bales, P.E., (Date) Executive Director of Public Works Operating Department (Date) AMEND. NO f�I Page I of 2 KAENGINEEMNG DATAFXCHANGEWELMARPUBLIC FACILITIESeL-12113 FLEET MAMTENANCE HEAVY EQUIPMENT SHOP ROOF BOND VSSUE 2012WJENDMENT NO 1UAMENDMENT NO I DOCSAMENDMENT NO.I•PLEET MAINTENANCE HEAVY EOUIPPAENT SHOP ROOF,DOCX APPROVED Office of Management and Budget (Date) ATTEST City Secretary Project No E12113 Fund Source No 550950-3162-00000-EI2113 r3 Fund Name: Public Facility,2013 GO Bond 2012 Encumbrance No: E12113ASO AMEND. N Pase 2 o KAENGINEERING 0ATAEXGHANGEIVELMAP'0UBUC FACILITIME12113 FLEET MAINTENANCE HEAVY EQUIPMENT SHOP ROOF BOND ISSUE 20MAMENDMENT NO I"ENDMENT NO 1 DOMAMENOMENT Nth.$-FLEET MAWTENANCE HEAVYEWPMENT SHOP ROOF DOCX SOLUMV001NOD RD 6262 Weber Rd. Suite 310 Corpus Christi,Texas 78413-4031 p: 361-854-1471 f: 361-854-1470 www.sntarchitects.com PROJECT E12113: Fleet Maintenance Heavy Equipment Shop Roof(Bond 2012) A/E Service Fee Proposal (Revised 01/29/2014) (Revised 0211012014) Project Scope Based on the determination of the Phase I Final Report, the Phase 2 project scope is defined as follows: 1. Replace existing light fixtures in maintenance bays. (Note: It was decided in Project Review Meeting to eliminate the gas-fired unit heaters suspended from the roof). 2. Replace existing water damaged suspended acoustical ceilings in office areas. 3. Provide miscellaneous repairs or replacement of existing damaged sheet metal wall panels. 4. Provide complete tear-off and replacement of existing sheet metal roof system over entire building, structural bay by structural bay. Repair or replace damaged purlins and roof insulation system. Total Project Budget(Bond Amount)- $350,000.00 Assumed Construction Cost Budget Amount- $280,000.00 Estimate of Probable Construction Cost- $241,248.00 Project Delivery is expected to be by Job Order Contractor(J.O.C.) Task List— Phase 2 1. Meet with Users and investigate codes and similar facilities to determine the level of compliance required to allow the building shop to perform maintenance on CNG fueled vehicles. 2. Provide additional field investigation to determine as-built conditions of the building's exterior envelope and interior components. 3. Provide additional inspections and investigation by MEP consultants to determine as-built conditions for lighting, power and ventilation. 4. Prepare plans and details to define the roofing and skylight replacement requirements. 5. Prepare specifications to define project material requirements. 6. Provide front-end documentation for JOC procurement 7. Provide structural design of new roof replacement structural elements and sheet metal roofing (Note: Windstorm inspections during construction and certification to TDI are additional services). 8. Prepare plans, details and schedules to define the requirements for replacement lighting, power and heating components. 9. Coordinate with the Users and J.O.C. to determine construction phasing. 10.Coordinate with the Users, Engineering Department and J.O.C. to obtain pricing. JA1_305.0111481fee Proposal(nevlsed)-E12113AM Erasmo Nava,AIA Glen Ray Tomo,AIA Jay Porterfield,AIA M 1" A/E Services Fee Proposal— Phase 2 For services authorized by the Director of Engineering Services, the City will pay the A/E a fixed fee as per the table below. All fees for Additional Services are unauthorized at this time, requiring written authorization by the Director of Engineering. Summary of Fees A. Basic Services Fees 1. Preliminary Phase (Completed) 2. Design Phase 23,180.00 3. JOC RFP Phase 1,200.00 Subtotal Basic Services Fees 24,380.001 1 B. Additional Services Fees 1. Windstorm Certification 4,640.00 2. Project Representation 4,800.00 3. Warranty Phase 800.00 Sub-Total Additional Services Fees 10,240.00 Total Fee 34,620.00 Schedule: Refer Attached Signed: en Ray Torno, Vice-President 111305.011UMee Proposal(RWsed)-E12113.dm Erasmo Nava,AIA Glen Ray Tomo,AIA Jay Porterfield,AIA AMEND. NO. 1 EXHIBIT"A" Page 2of3 SOLKAM V1301NO, 0 6762 water Rd, Suite 310 Corpus Christi,Texas 78,413-4031 p: 361-854-1471 f, 361-854-1470 w www.sntarchitc.cts.com PROJECT E12113: FLEET MAINTENANCE HEAVY EQUIPMENT SHOP ROOF (BOND 2012) CITY OF CORPUS CHRSITI PROJECT DELIVERY SCHEDULE 01/29/2014 Revised 02/26/2014 DATE DAY ACTIVITY 12/1 3113 Friday Submit Original Phase 2 Pee Proposal Meet with Engineering and Users to Confirm Project 01/20/14 Monday Scope and (Discuss Fees 01/29/14 Wednesday Submit Proposed Project Delivery Schedule 03/25/14 Tuesday Receive Contract, Purchase Order and Authorization to Proceed 05/23/14 Friday Submit Pre-Final Project Documents 06/27/14 Friday Pre-Final Review Meeting 07/11/14 Friday Submit Final Documents 06/08/14 Friday Final Review Meeting 09/11114 Thursday Issue Final Plans/Specs for JOC RFP 10/09/14 Thursday Approve JOC Contract 12/11114 Thursday Issue JOC Notice to Proceed 05/29/15 Friday Construction Complete Erasmo Nava,AIA Glen flay Torno,AIA Jay Porterfield„AIA AMEND. NO. 1 EXHIBIT"A Page 3 of 3 Fleet Maintenance Heavy Equipment Shop Roof Project No. E12113 Bond Issue 2012 Summary of Fees ORIGINAL AMEND. NO. 1 TOTAL FEE CONTRACT Basic Services Fees 1 Preliminary Phase $24,450.00 $0.00 $24,450.00 2 Design Phase 0.00 23 180.00 23,180.00 3 JOC RFP Phase 0.00 1,200.00 1,200.00 Subtotal Basic Services 24 450.00 24 380.00 48,830.00 Additional Services 1 Windstorm Certification 0.00 4 640.00 4,640.00 2 Construction Observation 0.00 4,800.00 4,800.00 Project Representation) 3 Warranty Phase 0.00 800.00 800.00 Subtotal Additional Services 0.00 10,240.00 10,240.00 Total Fee $24,450.00 $34 620.00 $59,070.00 Admin Approval M2014- 04/10/13 03/25/14 AMEND.NO.1 EXHIBIT"B" Page I Of I 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 CD 0 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Previous Total Percent Complete Invoiced Invoice Invoice $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 EXHIBIT"D" 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"D Page 1 of 3" J.%GEN VELMAPI FORMSkNEWFORMSUNDEMNIFICATIONUNDEMNIFICATION LARGE AE EXHIBIT B-OCT 2010.daex C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10)ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT"D" Page 2of3 J.1GEN VELMAPIFORMSWEWFORMSUNOEMNIFICAT*MIN0EMNIFICATION LARGE AE EXHIBIT B.00T 2010.4= 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"D" Page 3 of 3 JAGEN VELMAPIFORMSINEWFORMSUNDEMNIFtCATIONUNDEMNIFICATION LARGE AE EXHIBR e-OCT 2010.daa sUm"r"r.IER NUN 113ER TO 131,ASSIGNED PURCHASING DIVISION City of Cit s i CITY OF .ORPL,i CHRISTI Corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 171 12, as amended, requires all parsons or firms seekin to dad btrSrraeSS with the City to rovmdc the , r, forrrratlor3 '1, `�w *s at flt '' ft f i !ttttt It l ',' ISIS*, �t, 11� , �� `ar� r��Ferse sr�e tier Filing Requirements, Certifications and definitions. COM:III NY NAME: 5olka Nava Torno P'.0.BOX: STREET ADDRESS:: 6262 Weber Road,Suite 310 CITY: Corpus Christi ZIP: 7841.3 % Il i fl t. Corporation ?. Partnership � 3. Sole ONvner E] "t. Association S, Crther DISCLOSURE QUESTIONS 117 additional space is necessary"please use the reverse side of this pa���,e or attach separate sheet. j Mate the raarares of cacti "employee" of" the City of Corpus Cktristi having an "ownership interest'"constit 'in 3%or more of the ownership in the above named"firm." Name Job'Title and Cit.. department (if known) _ .......� _..... . '/ "State the names of each ``official" cif"the City of Corpus Christi having an "ownership interest" constituting 3% t more of the ownership in the above named"firm.", Name 'ride %%1% State the names of each "board member" of the City of Cot-pus Christi having, an "oavraership interest"constitute t;39/o or-more,of the ownership in the above r arned"firm." Nance Board, Commission or Committee State tlae names of each employee or officer of a "consultant" for the City of Corlaus Christi. who worked on any matter related to the subject of this contract and has an 'ownership interest""constituting 30/6 or more of the ownership in the above named"firms" Nance Consultant FILING REQUIREMENTS if a person who requests official action on a matter knows that the requested action will confer all economic benefit on any City official or employee that is distinguishable fromn the effect that the action will have oil members of the public in general or a :substantial se:l;nient thereof, you shall. disclose that fact in a signed writing to time City official,employee or body that has been requested to act in the matter, unless the interest of the City official or employee in tite matter is parent Time disclosure shall also be made in a signed writing filed wvith the City Secretary. mcs C?idinanee Section 2-349(d)j CIS WrIFI:CATION I certify that all information provided is true and correct as of the elate of this statement, that l; have not knowingly withheld disclosure of any infornmation requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying person: Glen Ray Toy. 'Title: A. I. A. ('ry[w or Print) � er fy PO A'e' DEFINITIONS a. "Board member." A member of any board, cominission, or conmmittee appointed by time City Council oftl'mc City of Corpus Christi, Texas. b. "Econornic benefit". An action that is likely to affect all economic interest if it is Likely to have an effect on that interest that is distinguishable from its effect oil members of the public in general or a substantial segment thereof. c. "I nployee." Any person employed by time City of Corpus Christi, Texas either on a full or part-time basis,bill not as an independent contractor. cf. "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 time fornm 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 orfanizations. e. "Official." The Mayor, members of the City Council, City Manager, f.)eputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,:Texas. f. "Ownership Interest." l.,egal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings, or control established through voting trusts, proxies,or special terms of venture or partnership agreements.." g `.`Consultant."Any person or firm, such as engineers and architects, hired by time City of Corpus Christi for time purpose of professional consultation and recommendation. Fleet Maintenance Heavy Equipment Shop Roof Bond Issue 2012 Corpus Chr sti Capital Programs Council Presentation March 18, 2014 Project Scope PROJECT LOCATION Fleet Maintenance Heavy Equipment Shop Roof (E12113) Corpus Chr`sti Capital Programs .cctexas.com 2 Project Schedule Corpus Chr'sti Capital Programs Approve JOC Contract Projected Schedule reflects approval of JOC Contract in October 2014 with anticipated construction completion in May 2015. .cctexas.com 3 Project Cost Corpus Chr'sti Capital Programs FUNDS AVAILABLE: Public Facility Bond 212 CIP $350,000.00 TOTAL $350,000.00 FUNDS REQUIRED: Construction (preliminary estimate) $265,372.00 Design Fees: Design Architect (Solka Nava Torno, LLC) (authorized services) 59,070.00 Reimbursements 25,558.00 TOTAL $350,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 .cctexas.com 4 IT AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of March 18, 2014 18.52 Action Agenda Item for the City Council Meeting of March 25, 2014 DATE: February 26, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo 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 Amendment No. 1 to Architectural Design Contract Museum Roof Replacement CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC from Corpus Christi, Texas in the amount of $81,450, for a total re-stated fee of $130,040, for Museum Roof Replacement for the design, bid, and construction phase services. BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to an Architectural Design Contract with Solka Nava Torno, LLC for Museum Roof Replacement Project so design work may begin. BACKGROUND AND FINDINGS: The engineering services of this project consist of Phase 1 Engineering Inspection and Phase 2 Detailed Engineering Services. Phase 1 Engineering Inspection aimed to evaluate the existing status of roof structure and determine the engineering measures for roof improvements/replacement through site inspection and survey, which was complete in December 2013. Based on the findings of the Phase 1 Engineering Inspection Report, the scope of this amendment contract includes the following: 1. Replace the entire existing Museum deteriorated roof system including insulation, multi-layer membrane, base and parapet flashing, sheet metal flashing and parapet caps and other related roofing components and accessories on all 11 independent roof section areas of the building with a new 20 year warrantied two-ply white mineral granule surfaced modified bitumen roof system. 2. Replace the roof-mounted HVAC unit and external ductwork serving the Discovery Dome as well as various other defective roof-mounted equipment such as exhaust fans, fresh air intakes and gravity vents. 3. Replace the existing two-story high exterior glass curtain wall in the Children's Area with a windstorm impact-resistant compliant aluminum and glass curtain wall system. The proposed Amendment No. 1 allows Solka Nava Torno, LLC, to move forward to Phase 2 Engineering Design. ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not recommended) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 5 Museum and Library Improvements. Solka Nava Torno, LLC of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. Solka Nava Torno, LLC was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. CONFORMITY TO CITY POLICY: The Architectural Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Tourism Department (Museum) 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 $1,600,000.00 $0.00 $1,600,000.00 Encumbered / Expended $0.00 $0.00 $0.00 $0.00 Amount This item $0.00 $81,450.00 $0.00 $81,450.00 Future Anticipated $0.00 $1,518,550.00 $0.00 $1,518,550.00 Expenditures BALANCE $0.001 $0.00 $0.00 $0.00 Fund(s): Public Facility Bond Issue 2012. COMMENTS: Not applicable. RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Architectural Design Contract with Solka Nava Torno, LLC so design may be completed by the end of August 2014. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation PROJECT BUDGET Museum Roof Replacement BOND ISSUE 2012 FUNDS AVAILABLE: Public Facility Bond 2012 CIP................................................................................. $1,600,000.00 TOTAL.............................................................................................................. $1,600,000.00 FUNDS REQUIRED: Construction (with 10% contingency) (preliminary estimate).......................................... $1,408,000.00 Design Fees: Design Architect (Solka Nava Torno, LLC) (authorized services) .................................. 130,040.00 Materials Testing (Estimate).................................................................................. 10,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)....................................... 7,040.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services).............................. 30,860.00 Finance............................................................................................................. 7,040.00 Misc. (Printing, Advertising, etc.)............................................................................. 7,020.00 TOTAL.............................................................................................................. $1,600,000.00 ESTIMATED PROJECT BUDGET BALANCE........................................................... $0.00 d ✓ W � �� ri'�Y"�d �w�'"��"�"'"' irn ���'�i�u�✓/„uulV➢N9JiIDNlul( �'r f"�"'ce/ �/ �/ / �%�/J ,it" ��� `u rfrt IU1� of///i r /� °%/ ��� n✓�f%, � ���� , � {�b✓ i � ri�/,�// flrf elk / r /����//°' ��� ' PROJECT LOCATION /IIII/// Museum Roof Replacement �n OWN �,r,,. /✓ ✓�UNJfnI aUn / �/ �r�J i � � .rye / ��,i� ✓ i✓ 1 �/�// � n, % f WOO I� b �� ��� d����" M� urn' �� / r %I i✓✓/// r 4f�, � ri a I 9N u' �I n+'s oi�r/�/✓ u � �`..... II II,::. I I i r�i 4u; rpin ro 9 17J r " �%, /ii III �ra^ rJ° `ul� rumor � 1 ,1 ,� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIU. w�, III '' IIII III ICI I III III�i /J tl �� 61Y � Illllln r IIT III / �� � 1, /fir;/7' �✓r //, /,sir ;/ //a�/lfrrr i ! IIII LOCATION MAP PROJECT #E12120 NOT TO SCALE N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Museum Roof Replacement (E12120) DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 AMENDMENT NO. 1 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Solka Nava Torno LLC agree to the following amendment to the Contract for Professional Services for Museum Roof Replacement(Project No. E12120) BOND ISSUE 2012, as authorized and amended by: Original Agreement Apn1 10, 2013 Administrative Approval $48,590.00 Exhibit"A". Section A. Basic Services, shall be modified to include Design Phase Services, Bid Phase Services, and Construction Phase Services as specified in Amendment No. 1 Exhibit"A". Exhibit "A". Section B. Additional Services, shall be modified to include Windstorm Certification, Construction Observation (Project Representation), and Warranty Phase as specified in Amendment No. 1 Exhibit "A". Exhibit "A", Project Schedule, shall be modified as specified in the attached Amendment No. 1 Exhibit "A", Project Schedule. Exhibit "A" Section C. Fee Summary, shall be modified as specified in Amendment No. 1 Exhibit "B" Summary of Fees for a fee not to exceed $81,450.00 (Eighty One Thousand Four_Hundred Fifty Dollars and Zero Cents), for a total restated fee not to exceed $130,040.00 (One Hundred Thirty Thousand Forty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". The ARCHITECT agrees to indemnify, save harmless and defend the "CITY", and it's agents, servants, and employees as more fully set forth in Exhibit "D". All other terms and conditions of the April 10, 2013 contract and amendments between the City and Solka Nava Torno, LLC will remain in full force and effect. CITY OF CORPUS CHRISTI O, LLC Gonzalez, P.E. Date Glen Ray Toro AI to Gustavo Go , (Date) y � ( ) Assistant City Manager Project Architect for Public Works & Utilities 6262 Weber Road, Suite 310 Corpus Christi, TX 78413 (361)854-1471 Office RECOMMENDED (361)8541470 Fax Daniel Biles, P.E., (Date) Executive Director of Public Works Operating Department (Date) AMEND. NO. 1 Page 1 of 2 KTNGINEERtNG OATAEXCHANGEWELMAPTUBLIC FACILITIESIE12120 MUSEUM ROOF REPLACEMENTIAMENDMENT NO 11AMENDMENT NO 1 MUSEUM ROOF REPLACEMENT,®OCX APPROVED Office of Management and Budget (Date) ATTEST City Secretary Project No: E12120 Fund Source No: 550950-3182-00000-E12120 Fund Name Public Facility 2013 GO Bond 2012 �i„���� Encumbrance No: E12120ASO END. N . 1 Page 2 of 2 KIENGINEERING DATAEXCHANGEIVELMAP%PUBLIC FACILITIES%E92920 MUSEUM ROOF REPLACEMENTIAMEN®MENT NO 1b4MENOMENT NO 1 MUSEUM ROOF REPLACEMENT OOCX 6262 weber Rd. Suite 310 Corpus Christi,Texas 78413-4031 p: 361-854-1471 f: 361-854-1470 www.sntarchitects.com January 27, 2014 Daniel Deng P. E. Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Subject: PROJECT E12120: Corpus Christi Museum Roof Replacement(Bond 2012) A/E Services Fee Proposal—Phase 2 Dear Daniel, In response to the Engineering Department Request, we are amending our A/E Services Fee Proposal previously submitted 12/13/2013 in order to conform to the example document format transmitted to us 01/21/2014. Project Scope: Based on the determination of the Phase 1 Final Report, the Phase 2 project scope is defined as follows: 1. Replace the entire existing Museum deteriorated roof system including Insulation, multi- layer membrane, base and parapet flashing, sheet metal flashing and parapet caps and other related roofing components and accessories on all 11 Independent roof section areas of the building with a new 20 year warrantied ,Awo-ply white mineral granule surfaced modified bitumen roof system. 2. Replace the roof-mounted HVAC unit and external ductwork serving the Discovery Dome as well as various other defective roof-mounted equipment such as exhaust fans, fresh air intakes and gravity vents. 3. Replace the existing two-story high exterior glass curtain wall in the Children's Area with a windstorm impact-resistant compliant aluminum and glass curtain wall system. Total Project Budget(Bond Amount)- $1,600,000.00 Assumed Construction Cost Budget Amount- $1,280,000.00 Project Delivery is expected to be by Competitive Sealed Proposal. Complete design plans, City Standard Front End Documentation, Technical Specifications and Bid Documents will be required. A. Basic ServIces: 1. Preliminary Phase—Completed as Phase 1. 2. Design Phase Services (Bidding Documents) a. Attend one (1) project kick-off meeting after Engineering Department written Notice to Proceed. b. Provide Project Management services to ensure that the project deliverables provided meet the stakeholder requirements. c. Provide additional field investigation to document as-built condition of the various roof areas and roof components. Page 1 JA13=14ffiFe. "8wv1ofs-Phw2-E42120.d0= Erasmo Nava,AIA Glen Ray Tomo,AIA Jay Porterfield.AIA AMEND. NO. 1 EXHIBIT"A" Page 1 of 6 d. Provide additional field investigation to determine the possibility of deterioration of the steel roof decking or structural components. e. Prepare detailed plans, specifications and bid documents to describe the requirements of the reroofing project, including phasing. f. Provide structural engineering design for roofing replacement project and for curtain wall replacement. (Note: Windstorm inspections during construction and certification to TDI are additional services). g. Provide mechanical and electrical engineering design to describe the requirements for replacement of roof-mounted HVAC equipment. h. Provide architectural and structural engineering services as required for design of the replacement aluminum and glass curtain wall system. (Note: Windstorm inspections during construction and certification to TDI are additional services). i. Provide Quality AssurancelQuality Control (QA/QC) measures to ensure that submittal of the pre-final, and final complete plans and complete bid documents with specifications accurately reflect the project requirements and do not necessitate an excessive amount of revision and correction by City staff. j. Prepare one (1) set of PRE-FINAL and one (1) set of FINAL Contract and Bid Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. Both packages will also be provided electronically in PDF and CAD formats. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. Following the City's review of the PRE-FINAL submittal package, Architect will assimilate all review comments and make the appropriate modifications and additions/deletions to the FINAL bid package. 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 seated by a professional engineer prior to re-use of modified plans. I. Attend (1) one PRE-FINAL complete design meeting to review the contract and bidding documents. Attend (1) one FINAL complete design meeting to review the contract and bidding documents. Proposed Fee (Design Phase): $43,848.00 3. Bid Phase Services The Architect will provide the following bid phase services: a. Attend Pre-Bid Meeting b... Attend Bid Opening c. Review and prepare responses to RFI's d. Prepare addenda as needed for the project execution e. Prepare a bid evaluation and provide a written recommendation to the City Proposed Fee(Bid Phase): $2,740.00 Page 2 J 1130b114BVFee Pm posW A-E Swvwn-Rme 2-0 2120.da= Erasmo Nava,AIA Glen Ray Tomo,AIA Jay Porterfield,AIA AMEND. NO. 1 EXHIBIT"A" Page 2 of 6 4. Construction Phase Services The Architect will perform construction administration to include the following: a. Participate in Pre-Installation Conference b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. 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. d. Make periodic 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. e. Prepare change orders as authorized by the City. f. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. g. Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the Contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. Proposed Fee(Construction Phase): $8,222.00 Total Basic Services Fee: $54,810.00 B. Additional Services 1. Windstorm Engineering Windstorm Inspection and Certification Services will be required once the Project enters the Construction Phase, a. Provide services of a Texas Registered and Qualified Professional Windstorm Engineer to generate and file appropriate documentation with the Texas Department of Insurance while the Project is under construction, b. Engineer will review and approve shop drawings and submittals for conformance with Project requirements and TDI regulations. c. Engineer will visit the site at appropriate intervals and stages of construction to determine if the work is being performed in accordance to the contract documents and TDI regulations„ d. Engineer will document his site visits and observations in form acceptable to TDI and Architect. e. At conclusion and final acceptance of the Project,: Engineer will file appropriate and timely documentation with TDI to obtain valid WPI-8 windstorm certification form. Proposed Fee(Windstorm): $8,620.00 Page 3 1%1=14Wee Propp"A-E Services-Nna 2-E12120.d= Erasmo Nava,AIA Glen Ray Tomo,AIA Jay Porterfield,AIA AMEND.NO. 9 EXHIBIT"A" Page 3 of 6 2. Construction Observation (Project Representation) Through additional observations of Contractor's work in progress, the Architect will endeavor to provide further protection for the City against defects and deficiencies in the work. a. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, weekly progress meetings, job conferences and other project-related meetings as required by the City, and prepare and circulate copies of minutes thereof. b. Conduct Pre-Installation Conferences as required by the Contract Documents, verify proper participation by Contractor. Prepare and circulate copies of meetings thereof. c. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in his understanding of the intent of the Contract Documents. d. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. e. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. f. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work and those of the Windstorm Engineer. g. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, shop drawing and sample submittals received from and delivered to Contractor„ and other Project related documents. h. Prepare a minimum weekly report utilizing approved City format recording Contractor's staff on the site„ weather conditions, date relative to questions of the Change Orders, Field Orders, Work Change Directives, or changed conditions, site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to AIE and the City. i. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of shop drawings and sample submittals. J. Report immediately to the City the occurrence of any site accidents, any hazardous environmental conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. k. Provide project photo report at the rate of a minimum of six photographs per site visit, including an adequate amount of photograph documentation of utility conflicts and pertinent issues. I. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. m. Participate in a final inspection in the company of the City, and Contractor and prepare a final list of items to be completed or corrected. Page 4 J V1 1481Fee -B A-E Sarvioea®P 2-E1212D. rasmo Nava,AIA Glen Ray Tomo,AIA Jay Porterfield,AIA AMEND. NO. 1 EXHIBIT"A'" Page 4 of 6 n. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. Proposed Fee(Project Representation): $16,420.00 3. Warranty Phase Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring Contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City staff. Complete the inspection and prepare the report not later than sixty (60) days prior to the end of the maintenance guaranty period. (Note: Project materials and Installation including roofing and sheet metal will have a 2-year Contractor's Warranty and a 20-year Manufacturer's Warranty). Proposed Fee(Warranty Phase): $1,600.00 Total Additional Services Fee: $26,640.00 C. Fee Summary: For services authorized by the Director of Engineering Services, the City will pay the A/E a fixed fee as per the table below. All fees for Additional Services are unauthorized at this time, requiring written authorization by the Director of Engineering. Summary of Fees A. Basic Services Fees 1. Preliminary Phase (Completed) 2. Design Phase 43,848.00 3. Bid Phase 2,740.00 4. Construction Phase 8,222.00 Subtotal Basic Services Fees 1 54,810.00 B. Additional Services Fees 1. Windstorm Certification 8,620.00 2. Project Representation 16,420.00 3. Warranty Phase 1,600.00 Sub Total Additional Services Fees 26,640.00 Total Fee 94,43 SD.00 D. Schedule: Refer Attached $1,y 41 Signed: Glen Ray Tomo AIA Vice-President Page 5 k\13G651I8Kw Ir68NVIC��-Phom2-02120.do= Erasmo Nava,AIA Glen Ray Tomo,AIA Jay Porterfield,AIA AMEND.NO. 1 EXHIBIT'A" Page 5 of 6 6262 Weber Rd, Sufte 310 Corpus ChrW,Texas 78413-4031 p: 3618541471 f: 361-854-1470 www.sntvchtects.com PROJECT E12120: CORPUS CHRIST[MUSEUM ROOF REPLACEMENT(BOND 2012) CITY OF CORPUS CHRSITI PROJECT DELIVERY SCHEDULE 01/27/2014 DATE DAY ACTIVITY 12/13/13 Friday Submit Original Phase 2 Fee Proposal Meet with Engineering and Users to Confirm Project 01/20/14 Monday Scope and Discuss Fees 01/27/14 Monday Resubmit Fee Proposal in"example" Format Receive Contract, Purchase Order and Authorization to 03/25/14 Tuesday Proceed 07/25/14 Friday Submit Pre-Final Project Documents 08108/14 Friday Pre-Final Review Meeting 08/22/14 Friday Submit Final Documents 09/05/14 Friday Final Review Meeting 10/03/14 Friday Advertise for Bids 11/05/14 Wednesday Receipt of Bids 01/13/15 Tuesday Bid Award 02/13/15 Friday Notice to Proceed 08/14/15 Friday Construction Complete J A 13=112ONKU9 012714AM Erasmo Nava,AIA Glen Ray Tomo,AIA Jay Porterfield.AIA AMEND. NO. 1 EXHIBIT"A" Pa e6of6 Museum Roof Replacement Project No. E12120 Bond Issue 2012 Summary of Fees ORIGINAL AMEND. NO. 1 TOTAL FEE CONTRACT Basic Services Fees 1 Preliminary Phase $48,590.00 $0.00 $48,590.00 2 Design Phase 0.00 43,848.00 43,848.00 3 Bid Phase 0.00 2,740.00 2,740.00 4 Construction Phase 0.00 8,222.00 8,222.00 Subtotal Basic Services 48,590.00 54,810.00 103,400.00 Additional Services 1 Windstorm Certification 0.00 8,620.00 8,620.00 2 Construction Observation 0.00 16,420.00 16,420.00 Project Representation 3 Warranty Phase 0.00 1,600.00 1,600.00 Subtotal Additional Services 0.00 26,640.00 261640.00 Total Fee $48,590.00 $81,450.00 $130,040.00 Admin Approval M2014- 04/10/13 03/25/14 AMEND. NO. 1 EXHIBIT"B" Page I of 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 i X 10 m m ..7153 - eh 0 n COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Invoiced Previous 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 EXHIBIT "D" 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 500,000/500,0001500,000 EXHIBIT"D" ,Pale 1 of 3 I1GEN VELMAPIFORMSV,IEWFORMSMNDEMNIFICATION%INDEMNIFICATION LARGE AE EXHIBIT B-OCT 2010 dig A 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. �E11 EXHIBIT"D" Pa e 2 of 3 J°+ EN VELMAPIFORMS%NE ORMSUN DEMNIFCCATION%ffiNDEMNIFICATION LARGE AE EXHIBIT"CT 2010 H. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 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"D" Pare3of3 J.%GEN VELMAPTORMSNEWFORMS%INDEMNIFICATIONUNDEMN$FICATION LARGE AEEXHIBIT -OCT20110,d SUPPLIER NUMBER TO BE ASSIGNED B PURCHASING DIVISION w~ City of CITY OF CORPUS CHRISTI C DISCLOSURE OF INTEREST nsd 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.°F,very q'uestlon must lie answered:' "'T the question°is not applicable aq$we�with TN A77, See reverse side for Filing Requirements, Certifications and definttlons. COMPANY NAME: Solka Nava Torno P. O. BOX: STREET ADDRESS: 6262 Weber Road,Suite 310 CITY: Corpus Christi ZIP: 78413 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association e 5 Other lar DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each `employee" of the City, of Corpus Christi having an "ownership " interest"constitutin 3%/ or more of the ownership In the above named"firm.' Name Job Title and City Department(if known) " '% State the names of each "official"of the City of Corpus Christi having an "ownership interest" constituting 43%7,,or o re of the ownership in the above named"firm." Name Title , a State the names of each board member ee 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 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 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 fled with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that 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: Glen Ray Tor o Title: A.I.A. (TYIK or P 01) Signature;of Certifying ;J) :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. Museum Roof Replacement Bond Issue 2012 Corpus Chr sti Capital Programs Council Presentation March 18, 2014 Project Scope PROJECT LOCATION Museum Roof Replacement (E12120) Corpus Chr`sti Capital Programs .cctexas.com 2 Project Schedule Corpus Chr'sti Capital Programs Projected Schedule reflects City Council award in January 2015 with anticipated construction completion in August 2015. .cctexas.com 3 FUNDS AVAILABLE: Public Facility Bond 2012 CIP TOTAL............ Project Cost Corpus Christi Capital Programs $1,600,000.00 $1,600,000.00 FUNDS REQUIRED: Construction (with 10% contingency) (preli mi nary estimate)............ $1,408,000.00 Design Fees: Design Architect (Solka Nava Torno, LLC) (authorized services) ...... 130,040.00 Materials Testing (Estimate)...... 10,000.00 Reimbursements. 51,960.00 TOTAL............ $1,600,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 .cctexas.com 4 d AGENDA MEMORANDUM oaPOwa ko Future Item for the City Council Meeting of March 18, 2014 1852 Action Item for the City Council Meeting of March 25, 2014 DATE: February 28, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager for 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 Change Order Authorization 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 non routine change orders of up to 5% of the contract value, of (1) the construction contract with Garney Companies, Inc. for the Mary Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for $84,121,405, or (2) the construction contract with Oscar Renda Contracting for the Mary Rhodes Pipeline Phase 2: Pump Stations/Sedimentation Basin for $29,167,288, if changes in plans or specifications are necessary after the performance of the contract has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, for reasons creating an urgent need for the change, including but not limited to differing site conditions, provided that (1) funding is available for that purpose; (11) the original contract price is not increased by cumulative change orders by more than 5 percent (5%) of the original contract price; (111) a report is provided to City Council as soon as possible afterward; and (IV) the Executive Director of Public Works has conducted a full review of the facts and determines, in writing, that: (a) the change is required and/or unavoidable, and (b) time is of the essence to the extent that immediate action must be taken in order (i) to avoid substantial delay damages from being incurred; or (ii) to prevent significant harm from occurring to the City's property or the City's Mary Rhodes Pipeline Phase 2 Project. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute non routine change orders of up to 5% of the contract value for Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: During the construction of Phase 1 of the Mary Rhodes Pipeline (MRP), the Port of Corpus Christi and the City agreed to change order authority of up to 5% of the contract value. The motion before Council would provide for that same authority for the two contracts awarded and authorized by Council last February 25, 2014 for MRP Phase 2. Specifically, on February 25, 2014, Council awarded and authorized execution of (1) a construction contract with Garney Companies, Inc. in the amount of $84,121,405, for MRP Phase 2: Pipeline Sections A, B, and C, for the base bid and the fiber optic additive alternate for all pipeline sections; and (2) a construction contract with Oscar Renda Contracting in the amount of$29,167,288, for the MRP Phase 2: Pump Stations/Sedimentation Basin, for the base bid. This authority requires that (1) funding is available for that purpose; (11) the original contract price is not increased by cumulative change orders by more than 5 percent (5%) of the original contract price; (111) and that a report is provided to City Council as soon as possible afterward. The authority requires the Executive Director of Public Works to review the facts and provide the City Manager with an executive summary of certain findings of fact. The Executive Director must find that the change is required and/or unavoidable, and that time is of the essence to the extent that immediate action must be taken in order to avoid substantial delay damages from being incurred; or to prevent significant harm from occurring to either the City's property or the MRP Phase 2 Project. This authority requires that, for the changes in plans or specifications, or the reasons for any necessary decreases or increases in the quantity of work or materials, equipment or supplies, the reasons for these changes must be reasons that create a need for the City to take immediate action. These reasons would include, but are not limited to, differing site conditions. The following factors should be considered: • project covers approximately 40 miles of ground. • to conduct testing every 20 feet for 40 miles is neither practical nor cost efficient • these contracts are competitively bid unit price contracts The City did not ask for a firm fixed price that would encompass any and all changes such as differing site conditions. If the City had procured bids on a contract that placed all of the risk on the contractor for any necessary changes, including any differing site conditions, the City would have received substantially higher and fewer, competitive bids. ALTERNATIVES: 1. Authorize the execution of non routine change orders of up to 5% of the contract value. 2. Do not authorize the execution of non routine change orders of up to 5% of the contract value. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City's fiscal policies and complies with Chapter 252, Texas Local Government Code and the Charter. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑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 Future Anticipated Expenditures This Project BALANCE RECOMMENDATION: City staff recommends approval of the motion as proposed. LIST OF SUPPORTING DOCUMENT: Location Map KAENGINEERING DATAEXCHANGDJORG:EC2UORGEC\EXHIBITS\EXHEIOOOB\EXHE10008 N'l,gg 101 JECT LOCATI I W/l ............ .......... It Lol�'A %�f l"I TION MA P- NOT TO SCALE PROJECT#E10008 MARY RHODES PIPELINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS PHASE 2 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 �a se a� A 0ORPOR 11 18°2 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of March 18, 2014 Action Agenda Item for the City Council Meeting of March 25, 2014 DATE: March 4, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo A. Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Daniel Biles, P. E., Executive Director of Public Works danb @cctexas.com (361) 826-3729 Engineering Construction Contract Bear Lane Waterline Replacement CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Clark Pipeline Services, J.V. of Corpus Christi, Texas in the amount of $2,475,922.13, for Bear Lane Waterline Replacement from Navigation Boulevard to Old Brownsville Road. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Clark Pipeline Services, J.V. for the Bear Lane Waterline Replacement. BACKGROUND AND FINDINGS: In Spring 2013, construction of Bear Lane from S.P.I.D. to Old Brownsville Road Bond Issue 2008, was stopped to accommodate replacing the existing 36-inch waterline. While this project was under design, an assessment was made that the 36-inch waterline did not need to be replaced. The repair history did not show any major concerns, and did not indicate that the waterline needed to be replaced. However, during construction, the team (the City, Design Engineer & Contractor) further assessed the condition of the existing water line through visual inspection and determined that the line needed to be replaced. Replacing this waterline concurrently with improving the roadway will protect the City's investment and avoid potentially costly pavement repairs should the existing waterline need maintenance under a newly reconstructed roadway. Subsequently, the project was re-bid to include the waterline and associated roadway improvements from Navigation Blvd. to Old Brownsville Road. This project, Bear Lane Waterline Replacement — Navigation Blvd to Old Brownsville Road includes replacement of 1450 linear feet of 36-inch diameter ductile iron water transmission line,1,282 linear feet of storm water conduit improvements, 960 linear feet of cured-in- place pipe sanitary sewer rehabilitation, and rehabilitation of five sanitary sewer manholes. Work also includes removing the existing roadway and the constructing approximately 1,400 linear feet of asphalt pavement for a new three-lane collector street (two travel lanes and a continuous center turning lane) with K:\ENGINEERING\LEGISTAR\3-MARCH 18\BEAR LANE\AGENDA MEMO-BEAR LANE WATERLINE.DOCX concrete sidewalks, associated pavement markings, and signage improvements. On February 5, 2015, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Clark Pipeline Services, J.V. Corpus Christi, Texas $2,475,922.13 Reytec Construction Resources, Inc. Corpus Christi, Texas $2,895,955.00 CAS Companies, L.P. Corpus Christi, Texas $3,057,750.50 ALTERNATIVES: 1. Authorize execution the construction contract. 2. Do not authorize execution the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's consultant, Coym, Rehmet & Gutierrez Engineering, L.P. (CRG, L.P.), conducted a bid analysis of the three (3) proposals submitted to the City. CRG, L.P. determined that the lowest bidder based on the Total Base Bid is Clark Pipeline Services, J.V. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Clark Pipeline Services, J.V. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2014-2015 Street Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department Water Department FINANCIAL IMPACT: Fiscal Year Project to Date 2013-2014 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $7,024,303.98 $2,943,383.64 $0.00 $9,967,687.62 Encumbered / $7,024,303.98 $0.00 $7,024,303.98 Expended Amount This item $0.00 $2,475,922.13 $0.00 $2,475,922.13 Future Anticipated Expenditures This $0.00 $431,388.05 $0.00 $431,388.05 Project BALANCE $0.00 $36,073.46 $0.00 $36,073.46 Fund(s): ST 18 Comments: K:\ENGINEERING\LEGISTAR\3-MARCH 18\BEAR LANE\AGENDA MEMO-BEAR LANE WATERLINE.DOCX RECOMMENDATION: City staff recommends that the construction contract be awarded to Clark Pipeline Services, J.V. of Corpus Christi, and Texas in the amount of$2,475,922.13 for the Bear Lane Waterline Replacement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K:\ENGINEERING\LEGISTAR\3-MARCH 18\BEAR LANE\AGENDA MEMO-BEAR LANE WATERLINE.DOCX PROJECT BUDGET BEAR LANE FROM OLD BROWNSVILLE ROAD TO SPID Project No. 6463 March 3, 2014 FUNDS AVAILABLE: Total Bond Issue 2008 CIP No. ST 15 3,748,170.11 Storm Water CIP 2,544,619.06 Water CIP 3,188,839.25 Wastewater 437,904.23 Gas 48,154.97 Total Fund Available 9,967,687.62 FUNDS REQUIRED: Construction Contract (Haas Anderson) 5,503,522.47 Construction Contract (Clark Pipeline) 2,475,922.13 Contingency (10%) 247,592.08 Engineer Fees: Engineer (Coym, Rehmet and Gutierrez Engineering, L.P.) 1,096,550.00 Engineer (Coym, Rehmet and Gutierrez Engineering, L.P.) Amend #3 73,470.00 Engineer (Govind) 15,000.00 Testing (Rock Engineering Laboratory Testing) 76,445.00 Testing (Rock Engineering) Estimate 30,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 90,921.70 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 314,825.62 Misc. (Printing, Advertising, etc.) 7,365.17 Total Funds Required 9,931,614.17 Project Budget Balance 36,073.45 r to w r; r n r r a PROJECT LOCATION` #6463 BEAR LANE NAVIGATION TO OLD BROWNSVILLE jj � � �:,, ��r, Q ,.. a ,,,r� .� �.o„ ���� �✓A �Vi� f/�i�`�r�� l���li � ;, i i r, ar wnj m� r i r LOCATION MAP N PROJECT #6463 NOT TO SCALE BEAR LANE FROM CITY COUNCIL EXHIBIT NAVIGATION TO CITY OF CORPUS CHRISTI, TEXAS OLD BROWNSVILLE DEPARMENT OF ENGINEERING SERVICES BOND 2008 PAGE 1 OF 1 Corpus Ch r°st Capital Programs Bear Lane Waterline Replacement Council Presentation March 18, 2014 PROJECT SCOPE PROJECT LOCATION #6463 BEAR LANE NAVIGATION TO OLD BROWNS Corpus Chr sti Engineering Project Includes: • 1450 linear feet of 36 inch diameter water transmission line • 1282 linear feet of storm water conduit improvements • 960 linear feet sanitary sewer lines rehabilitation • 1400 linear feet of asphalt pavement for new three lane collectable street. PROJECT SCHEDULE Corpus Christi Engineering Project Estimate: 210 Calendar Days 7 Months Projected Schedule reflects City Council award in April 2014 with anticipated construction completion in October 2014. 3 PROJECT BUDGET Corpus Christi Engineering FUNDS AVAILABLE: Bond Issue 2008 CIP No. ST 15 $ 3,748,170.11 Storm Water CIP 2,544,619.06 Water CIP 3,188, 839.25 Wastewater 437, 904.23 Gas 48,154.97 Total Fund Available 9,967,687.62 FUNDS REQUIRED: Construction Contract (Haas Anderson) 5,503,522.47 Construction Contract (Clark Pipeline) 2,475,922.13 Contingency (10%) 247,592.08 Engineer Fees: Engineer (Coym, Rehmet and Gutierrez Engineering, L.P.) 1,170,020.00 Engineer (Govind) 15,000.00 Testing (Rock Engineering Laboratory Testing) 76,445.00 Testing (Rock Engineering) Esti mate 30, 000.00 Reimbursements 413,112.49 Total Funds Required 9,931,614.17 Project Budget Balance $ 36,073.45 4 US 0 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 Action Item for the City Council Meeting of March 25, 2014 DATE: February 26, 2014 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E., ACM Public Works & Utilities GustavoGo@cctexas.com (361) 826-3189 LNRA West Delivery System Upgrade Contract CAPTION: Motion to authorize the City Manager or designee to execute a contract with Lavaca-Navidad River Authority (LNRA) for use of the West Delivery system for delivery of Colorado River water to the City of Corpus Christi. PURPOSE: The City intends to construct the Mary Rhodes Phase II Pipeline and desires to enter into an agreement with LNRA to accommodate the wheeling of Colorado River Water to the Mary Rhodes Pipeline. BACKGROUND AND FINDINGS: In 1998, the city finalized its purchase of 35,000 acre-feet/year from Garwood Irrigation Company by obtaining a water right authorizing the City to divert the water from the Colorado River ("Colorado River Water".) The water right restricts the transport of water to an enclosed pipeline which would preclude the Colorado River Water from entering Lake Texana, and requires moving water from a diversion site on the Colorado River via a pipeline ("Mary Rhodes Phase II Pipeline") to the West Delivery System for conveyance ("wheeling") to the Mary Rhodes Pipeline. The Mary Rhodes Phase I Pipeline was designed for the transport of additional water. The City intends to construct the Mary Rhodes Phase 11 Pipeline and desires to enter into this agreement with LNRA to address the construction of facilities on LNRA property and the necessary improvements to the West Delivery System to accommodate the wheeling of Colorado River Water to the Mary Rhodes Pipeline. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This agreement conforms to City Charter requirements. EMERGENCY/ NON-EMERGENCY: Non- Emergency. DEPARTMENTAL CLEARANCES: Water Dept. Legal Dept. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2014-15 (CIP only) Current Year Future Years TOTALS Line Item Budget $70,000 $70,000 Encumbered / Expended Amount This item BALANCE Fund(s): Utilities - Water Comments: An annual volume charge of $2.00 per acre-ft up to a maximum of $70,000 per year for management fees related to the transport of Garwood rights through the west delivery system. RECOMMENDATION: Staff recommends approving LNRA West Delivery System Upgrade Contract changes. LIST OF SUPPORTING DOCUMENTS: Contract CONTRACT GOVERNING IMPROVEMENTS TO WEST DELIVERY SYSTEM AND THE TRANSMISSION OF COLORADO RIVER WATER This Contract ("Contract"), dated as of , 201 ("Effective Date"), is between the Lavaca-Navidad River Authority ("LNRA"), a conservation and reclamation district and political subdivision of the State of Texas, organized and operating under Article XVI, Section 59 of the Texas Constitution and the City of Corpus Christi, Texas ("City"), a Texas home-rule city. RECITALS 1. LNRA and the City entered into a Water Delivery and Conveyance Contract dated December 14, 1993 ("Delivery Contract"). Under the Delivery Contract, LNRA conveys 41,840 acre-feet/year of water from Lake Texana to the City from an intake structure, pipeline, and pumps ("West Delivery System") constructed by LNRA to a pipeline constructed by the City ("Mary Rhodes Phase I Pipeline"). On July 24, 2001, the City of Corpus Christi contracted with LNRA to receive up to 4,500 acre-feet of water per year on an interruptible basis. On July 22, 2003 the City amended its 2001 contract for interruptible water and contracted for an additional 7,500 acre-feet per year bringing the total interruptible volume to 12,000 acre-feet per year and the contracted total to 53,840 acre-feet per year. 2. The Mary Rhodes Phase I Pipeline was designed for the transport of additional water. 3. The Delivery Contract provides that the City and LNRA will endeavor in good faith to agree to terms for the future acquisition and transfer of water supplies acquired by the City to be conveyed to the Delivery Point. 4. In 1998, the City finalized its purchase of 35,000 acre-feet/year from Garwood Irrigation Company by obtaining a water right authorizing the City to divert the water from the Colorado River ("Colorado River Water"). The water right restricts the transport of water to an enclosed pipeline which would preclude the Colorado River Water from entering Lake Texana, and requires moving water from a diversion site on the Colorado River via a pipeline ("Mary Rhodes Phase II Pipeline") to the West Delivery System for conveyance ("wheeling") to the Mary Rhodes Pipeline. 5. The City intends to construct the Mary Rhodes Phase 11 Pipeline and desires to enter into this agreement with LNRA to address the construction of facilities on LNRA property and the necessary improvements to the West Delivery System ("West Delivery System Improvements") to accommodate the wheeling of Colorado River Water to the Mary Rhodes Pipeline. In consideration of the mutual covenants and agreements contained in this Contract, LNRA and the City agree as follows: I. DEFINITIONS 1.01 Definition of Terms. Unless otherwise defined in this Contract, or unless the context clearly requires otherwise, the following terms and phrases shall have the meanings indicated: "Authorized Representative" means either of the two persons at the time designated as such in a written certificate, containing a specimen signature of such person, which in the case of the City's representative is signed on behalf of the City by the City Manager and which is furnished to LNRA, and, in the case of LNRA's representative, is signed by the General Manager. 2 "Butterfly Valve" means the butterfly valve immediately downstream of the Surge Tank (approximately 25 feet from the Surge Tank) to which the West Delivery Intake Extension will connect. "City-Constructed Facilities" means facilities constructed by the City on LNRA property including the Mary Rhodes Phase II Pipeline, Surge Tank, Colorado River Water Meter, Butterfly Valve, West Delivery System Intake Extension and West Delivery System Improvements. "Completion Date" means the date the City declares the LNRA Facilities and the Mary Rhodes Phase II Pipeline to be complete, operational, and fully capable of diverting, transporting, and delivering Colorado River Water to the West Delivery System and delivering Colorado River Water and Texana Water simultaneously, or independently, to the Delivery Point. "Delivery Contract" means Water Delivery and Conveyance Contract dated December 14, 1993 between LNRA and the City. "Delivery Point" means the point where water is delivered to the City as defined in the Delivery Contract. "Effective Date" means 201 "Mary Rhodes Phase I Pipeline" means the City's pipeline owned by the City, which begins at a point near Dry Creek, which is approximately 2000 feet from LNRA's West Delivery Intake Pump Station and extending to the O. N. Stevens Water Treatment Plant near Corpus Christi, Texas. "Mary Rhodes Phase II Pipeline" means the City's pipeline from a diversion point on the Colorado River to a Surge Tank located on LNRA property. "Colorado River Water" means water transmitted through the Mary Rhodes Phase II Pipeline. 3 "Colorado River Water Meter" means a metering device on Mary Rhodes Phase II Pipeline before the Surge Tank to measure volume of Colorado River Water that is to be passed through LNRA's West Delivery System. "Lake Texana" means the lake and related facilities and real property located in Jackson County, Texas, owned and operated by LNRA. "LNRA Project Operating and Maintenance Expenses" shall have the meaning as defined in the Delivery Contract. "LNRA Facilities" means facilities owned by LNRA including the West Delivery System and any improvements, modifications or appurtenances thereto ("West Delivery System Improvements") and also including the gravity line connecting the Surge Tank to the West Delivery System existing intake structure beginning at the Butterfly Valve ("West Delivery System Intake Extension")to be conveyed to LNRA in accordance with Section 2.06. "Management Fee" means an administrative fee assessed by LNRA for the usage of LNRA's facilities in conjunction with the transport of Colorado River Water for the benefit of the City. This fee only applies to the volume of Colorado River Water actually wheeled through the West Delivery System and delivered to the City at the Delivery Point. The volume to be used in calculating the fee will be the City's Colorado River Water Meter reading less nineteen acre-feet, which is the estimated volume of Colorado River Water that passed through the Colorado River Water Meter yet remains in storage. The use of funds derived from this fee may be used for LNRA for any lawful purpose. "Plans and Specifications" means the plans and specifications prepared for the improvements to be made to LNRA Facilities by the Project Engineer, as the same may be revised from time-to- time in accordance with this Contract. 4 "Project Engineer" means the engineering firm of Freese & Nichols and any other firms as may be designated by the City and approved by LNRA that is responsible for the design and construction oversight of any improvements to be incorporated on or made to LNRA Facilities. "Service Commencement Date" means the date on which LNRA's obligation to transport and deliver Colorado River Water under this Contract begins as described in Section 3.01. "Easement Agreement" means the easement agreement attached hereto and incorporated herein as Exhibit B, allowing City and/or its contractor ingress and egress on LNRA property to construct, operate and maintain City-owned facilities located on LNRA property. "Surge Tank" means a six (6) million gallon concrete tank to be constructed on LNRA property in which Colorado River Water is discharged for temporary storage and equalization before gravity flow through the West Delivery System Intake Extension to the West Delivery System. "Texana Water" means the water delivered to the City under the Delivery Contract dated December 14, 1993 and the Interruptible Water Supply Contract dated July 24, 2001 and as amended July 22, 2003 between LNRA and the City. "West Delivery System" means the intake structure, pipeline, pumps, metering and related facilities on LNRA property financed and constructed by LNRA as part of the original construction of Mary Rhodes Phase I Pipeline. "West Delivery System Improvements" means the modifications to the West Delivery System which are necessary to accept Colorado River Water and deliver Colorado River Water and/or Colorado River Water comingled with Texana Water to the Delivery Point as described in Exhibit C. "West Delivery System Intake Extension" means the gravity-feed portion of pipe necessary to connect the West Delivery System's existing intake structure to the Surge Tank and the Mary 5 Rhodes Phase 11 Pipeline, more specifically delineated from the downstream side of the Butterfly Valve immediately downstream of the Surge Tank (approximately 25 feet from Surge Tank to which the West Delivery System Intake Extension will connect.) See Exhibit A. The West Delivery System Intake Extension will be constructed by the City, operated by LNRA, and conveyed to LNRA as provided in Section 2.06. 1.02 Interpretation. Terms used in this Contract with initial letters capitalized and not otherwise defined in this Contract have the meanings assigned to them in Section 1.01. The table of contents and caption headings of this Contract are for reference only and shall not affect its interpretation in any respect. Except where the context otherwise requires, words impacting the singular number shall include the plural number and vice versa. Reference to any document means that document as amended or supplemented from time to time. Reference to any party or governmental regulatory agency means the entity and its successors and assigns. This Contract and all terms and provisions, including exhibits, shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of this Contract. II. IMPROVEMENTS TO WEST DELIVERY SYSTEM AND CONSTRUCTION OF TRANSMISSION LINE AND SURGE TANK LOCATED ON LNRA PROPERTY 2.01 General. Under this agreement, the West Delivery System will be used for receiving Colorado River Water from the Mary Rhodes Phase II Pipeline, and for transmission, independently or commingled with water from Lake Texana ("Texana Water"), to the Delivery Point specified in the Delivery Contract. The City will manage, design, construct, expand, extend, enlarge, and improve the West Delivery System to accommodate the receipt and transmission of the Colorado River Water. LNRA will continue to own and operate the West 6 Delivery System. After Colorado River Water enters LNRA Property, Colorado River Water will pass through the Colorado River Water Meter, feed into a Surge Tank located on LNRA Property and then gravity flow through the West Delivery System Intake Extension to the West Delivery System whereby it will be re-lifted into the Mary Rhodes Phase I Pipeline. The City will construct the Mary Rhodes Phase II Pipeline, a Surge Tank, Colorado River Water Meter, Butterfly Valve, West Delivery System Improvements and West Delivery System Intake Extension on LNRA property. Exhibit A is a drawing that depicts the location of the LNRA Facilities and the City-Constructed Facilities on LNRA property. Upon conveyance by the City as provided herein in Section 2.06, LNRA shall own West Delivery System Intake Extension and West Delivery System Improvements. 2.02 Design and Construction by the City. a. The City shall be responsible for the construction of the City-Constructed Facilities. The City agrees to be responsible for all costs of design, engineering, contracting, construction, and inspection of the City-Constructed Facilities. b. The City agrees to engage or cause to be engaged the services of a Project Engineer registered in Texas to provide the engineering design, including detailed Plans and Specifications for the City-Constructed Facilities. The Plans and Specifications will include the sizing, routing, material selection, service method, cost estimates, proposed construction schedule, easements, and such other and further information as deemed reasonably necessary or advisable for proper review and assessment of the plans and specifications. The design for the City-Constructed Facilities shall be procured at the City's sole expense and will be submitted to LNRA for review prior to construction. 7 C. All Plans and Specifications for the City-Constructed Facilities and the location of the Surge Tank, West Delivery System Intake Extension, and that portion of the Mary Rhodes Phase II Pipeline located on LNRA property and adjacent to the Palmetto Bend Dam will be subject to the review of LNRA prior to commencement of construction. LNRA will provide written comments to the City specifying in detail the suggested changes, if any, to the Plans and Specifications for the City-Constructed Facilities or location of the Surge Tank, West Delivery System Intake Extension, and the Mary Rhodes Phase II Pipeline adjacent to the Palmetto Bend Dam. From the date the Plans and Specifications are submitted to LNRA by the City, LNRA has thirty (30) days to review the Plans and Specifications and provide any written comments. The City will provide LNRA with a written explanation of its treatment of LNRA's suggestions and comments. d. If, after review of Plans and Specifications by LNRA, the City fails to enter a construction contract for facilities within two years, the City must resubmit the Plans and Specifications for review by LNRA to assure their conformity with sound engineering practices. 2.03 Notification of Commencement of Construction of City-Constructed Facilities. After all required approvals for construction of the City-Constructed Facilities are obtained but prior to commencement of construction, City will provide, or cause to be provided, written notice to LNRA of the date on which construction of the City-Constructed Facilities is scheduled to commence. LNRA must receive this written notice at least thirty (30) days before the scheduled construction date. 2.04 Inspection and Acceptance of Completion of Construction of a Portion or all of the City-Constructed Facilities. The Parties agree that LNRA has the right to make periodic inspections during the construction phase of the City-Constructed Facilities. The City shall 8 notify LNRA at least five (5) days prior to acceptance of the completion of City-Constructed Facilities, and City's acceptance of the completion of City-Constructed Facilities shall be subject to final inspection by LNRA. 2.05 Agreement to Submit As-Built or Record Drawings. The City agrees to provide, or cause to be provided, to LNRA as-built or record drawings of all City-Constructed Facilities within 30 days of City accepting them, not to exceed six (6) months following completion and acceptance of the construction of such facilities. 2.06 Ownership and Operation of West Delivery System Improvements. Except as otherwise agreed upon by City and LNRA, LNRA shall own, control and operate, the West Delivery System Improvements, and the West Delivery System Intake Extension upon the Completion Date. Ownership and possession of the West Delivery System Intake Extension and the West Delivery System Improvements shall be conveyed, free and clear of any liens, claims, encumbrances, or charges, to LNRA. All documents of conveyance shall be in a form substantially similar to the Bill of Sale and Conveyance of Improvements provided in Exhibit D. 2.07 Easement. LNRA will authorize under a separate Easement Agreement, in a form substantially similar to the easement agreement provided in Exhibit B, ingress and egress by the City and/or City's contractors on lands owned by LNRA to construct the City-Constructed Facilities. The consideration for the easement conveyed by LNRA under this agreement is the conveyance of the West Delivery System Intake Extension and West Delivery System Improvements by the City to LNRA in accordance with Section 2.06. 2.08 Permits and Approvals. The City shall obtain all permits and approvals required for the construction of the City-Constructed Facilities. If permits and approvals are required, LNRA shall obtain all permits and approvals required for the operation of the LNRA Facilities. If, by 9 virtue of regulatory, legal, financial, or other requirements, it is necessary or appropriate that any permit or approval should be held jointly, LNRA and the City agree to fully cooperate with each other in efforts to obtain, hold, and comply with such permits or approvals. III. SERVICE TO CORPUS CHRISTI 3.01 Wheeling City's Water. LNRA agrees to wheel Colorado River Water under the terms of this Contract via the LNRA Facilities for delivery at the Delivery Point, whereupon the City will take control of the Colorado River Water. This Contract is for the wheeling of water delivered to LNRA by the City. It shall be the responsibility of the City to maintain and keep in force the right to divert the Colorado River Water and the City acknowledges that LNRA has no responsibility thereof. LNRA's obligations under this Contract are subject to the City's delivery of water to LNRA. LNRA's obligation to wheel Colorado River Water under this Contract shall begin on the Service Commencement Date, which shall occur on or before thirty (30) days after the Completion Date. 3.02 Amount Subiect to Delivery. Unless otherwise agreed by the Parties in writing, the amount of Colorado River Water transported through the West Delivery System under this Contract shall not exceed 35,000_acre-feet/year. 3.03 Measurement of Water. The City shall install as a part of, and located on the Mary Rhodes Phase H Pipeline upstream of the Surge Tank , metering facilities and equipment ("Colorado River Water Meter"), including associated telemetry and remote control equipment, to measure and record the quantity of Colorado River Water transported for the City by LNRA. The design for such metering facilities and specifications for equipment to be installed by the City shall be submitted to LNRA for review prior to design finalization. The City shall be the 10 owner of such metering facilities and metering equipment installed by the City, as required by this section of the Contract. a. The City, being the owner of the metering facilities, shall be responsible for the operation and maintenance of the metering facilities. 3.04 Quality of Water. LNRA makes no representation or warranty, expressed or implied, as to the character, quality or availability of the Colorado River Water transported and delivered to the City under this Contract. 3.05 No Water Sale Agreement. The Parties acknowledge and agree that this Contract is an agreement for services and does not constitute an agreement regarding the sale or purchase of water. Neither does this contract amend or alter the Delivery Contract. The Parties agree that the Texas Commission on Environmental Quality has no jurisdiction to set rates under this Contract. The Contract may be enforced, however, in a court of competent jurisdiction. 3.06 No Discharge into Lake Texana. Nothing in this Contract may be construed to give the City the right to discharge Colorado River Water into Lake Texana. IV. RATES AND CHARGES 4.01 Payments by the City. Upon the Service Commencement Date, the City shall pay monthly for services provided under this Contract at rates established from time to time by the Board of Directors of LNRA. LNRA's rates shall be based upon recovery of the following costs: 1. The portion of the LNRA Project Operating and Maintenance Expenses (as defined in the Delivery Contract) attributable to operating and maintaining the West Delivery System for wheeling Colorado River Water and; 11 2. Management Fee. The Management Fee is $2.00 per acre-feet and shall be calculated on a monthly basis. In connection with the costs described under item "1" above, the City agrees to pay additional costs, including but not limited to additional electricity charges billed to LNRA by LNRA electricity provider which are caused by wheeling of the Colorado Water through West Delivery System. 4.02 Budgets. All costs to be paid by the City pursuant to Section 4.01 for the services provided under this Contract shall be based upon actual expenditures by LNRA established by the budget methodology under the Terms of the Delivery Contract. 4.03 Obligation of the City. The Parties agree that the City's obligations under this Contract to make payments to LNRA for service in any fiscal year are a current expense for that fiscal year. 4.04 LNRA Debt. LNRA shall notify the City of any LNRA planned issuance of debt related to LNRA Facilities. 12 V. OPERATION AND MAINTENANCE OF PROJECT; INSURANCE; MODIFICATION 5.01 Operation and Maintenance; Insurance. LNRA shall provide, or cause to be provided, management, manpower and all other services required for the operation and maintenance of the LNRA Facilities. LNRA agrees to use, or cause to be used, reasonable diligence and care in operating, maintaining and keeping in good repair the LNRA Facilities and all equipment and apparatus relating thereto, to permit it to wheel water to the City in the quantities to which the City is entitled pursuant to Section 3.02. LNRA shall assume complete responsibility for and shall have sole obligation to maintain, repair or replace the LNRA Facilities or any portions thereof. LNRA will acquire and maintain the liability insurance coverage and property damage insurance on the LNRA Facilities and on all of its operations relating to the same; the City or its assign will be named as additional insured parties for liability coverage. 5.02 Modification after the Completion Date. After the Completion Date, LNRA shall have the right to remodel or alter any portion of the LNRA Facilities, make substitutions, additions or improvements thereto, or to abandon or remove any part thereof, provided, however, no such remodeling, alteration, substitution, addition or improvement shall have the effect of interrupting the continuous transport of the City's Colorado River Water or lessening of the capacity of the LNRA Facilities to transport water unless the written consent of the City Director of Water Operations is first obtained. Notwithstanding the preceding sentence, it is expressly recognized by the City that LNRA may be required to make necessary alterations, repairs and extensions of new or additional facilities to be made a part of the LNRA Facilities from time to time during the term of this Contract, and any suspension of delivery to the City due to such operation shall not be cause for claim or damage on the part of the City, provided the following: (1) LNRA is using 13 its best efforts to provide the City with transmission of water in accordance with this Contract; (2) LNRA provides the City as much advanced notice as may be practicable of the suspension of delivery but no event less than three (3) business days advance written notice to City Director of Water Operations of the necessity of alterations, repairs and extensions of new or additional facilities to be made a part of the LNRA Facilities and of the estimated duration of the suspension; and, (3) in the event of an emergency repair, LNRA provides written notice within 24 hours of LNRA's discovery of need for emergency repairs. Following resumption of delivery capability, the City will provide direction to LNRA as to the delivery rate of Colorado River Water desired by the City. 5.03 Auxiliary Electric Service and West Delivery System. The City acknowledges the need for LNRA and the City to ensure the emergency operation of West Delivery System during an extended power outage. To ensure the ability to provide emergency operations of the West Delivery System, LNRA and the City will investigate the implementation of alternatives such as on-site electrical generation, distributed electrical generation facilities, the hardening of the electrical transmission and distribution system serving the West Delivery System and other means of providing sufficient emergency power to operate the West Delivery System. VI. CASUALTY 6.01 Casualty of LNRA Facilities. If any material damage or destruction of the LNRA Facilities shall occur, LNRA shall with reasonable promptness notify the City, as to the nature and extent of such damage, destruction or taking and whether, in the judgment of LNRA, it is practicable to restore the LNRA Facilities. If the Authorized Representatives of the City and LNRA determine that restoration is practicable, LNRA shall proceed to restore and complete 14 such portion of the LNRA Facilities and an amount equal to the proceeds of any insurance award received in connection with such damage, destruction or taking after payment of all expenses incurred in the collection thereof, shall be used to pay restoration costs. If the Authorized Representatives determine that it is impracticable to restore the LNRA Facilities, the amount equal to the net proceeds of any insurance award shall be equitably distributed between LNRA and the City. If the Parties' Authorized Representatives are unable to reach agreement on the practicality of restoring the LNRA Facilities, LNRA agrees nevertheless to restore the LNRA Facilities, if the City bears all unreimbursed costs of the LNRA Facilities restoration. 6.02 Effect of Casualty. The occurrence of a casualty shall not entitle the City to any abatement, postponement or reduction in the amount of the payments payable under Section 4.01 of this Contract, and the City hereby waives the benefits and provisions of all laws and rights which by reason of the casualty might relieve the City from any of its obligations under this Contract. VII. SPECIAL COVENANTS 7.01 Removal of Liens. If any lien, encumbrance or charge of any kind based on any claim of any kind (including, without limitation, any claim for income, franchise or other taxes, whether federal, state or otherwise), based upon act of the City shall be asserted or filed against any amount paid or payable by the City to LNRA under or pursuant to this Contract or any order (whether or not valid) of any court shall be entered with respect to any such amount by virtue of any claim of any kind based upon act of the City, in either case so as to interfere with the payment of such amount by City to LNRA then the City will promptly take such action to the 15 extent permitted by law (including, but not limited to, the payment of money) as may be necessary to prevent, or to nullify the cause or result of, such interference. 16 VIII. TERMINATION; OPTION TO RENEW; GENERAL PROVISIONS 8.01 Term. This Contract shall terminate December 14, 2035, unless sooner terminated as herein provided. 8.02 Termination by LNRA. This Contract may be terminated by LNRA if it becomes illegal or impossible for LNRA to perform its obligations under this Contract as a result of the occurrence of any one or more of the following: a. The cancellation, amendment or other limitation by state or federal agency of any of the permits, amendments, licenses or authorizations required for the delivery to the City of the water transported hereunder, or for the construction or operation of the LNRA Facilities, after expiration of any appeal available to the City or b. The promulgation or issuance of any order, rule, regulation or determination by a court or Federal or State governmental agency, after expiration of any appeal available to the City. 8.03 Termination by City. This Contract may be terminated by the City if: a. It becomes illegal or impossible for the City to take the water as a result of the occurrence of any one or more of the following: 1. The failure of any local, state or federal agency to issue or approve any of the permits, amendments, licenses or authorizations required for the LNRA Facilities or the Mary Rhodes Phase II Pipeline, after expiration of any appeal available to LNRA; 2. The revocation or modification of any such permit, amendment, license or authorization; or 17 3. The promulgation or issuance of any order, rule or regulation or determination by a court or Federal or State governmental agency, after expiration of any appeal available to LNRA. b. It becomes illegal or impossible for the City to utilize the Colorado River Water as a result of the occurrence of any one or more of the following: 1. The cancellation, amendment or other limitation by any local, state or federal agency of any of the permits, amendments, licenses or authorizations required for the appropriation of water from the Colorado River for industrial or municipal use, or for the use by the City of the water to be transported hereunder, or for the construction or operation of the Mary Rhodes Phase II Pipeline, or 2. The promulgation or issuance of any order, rule, regulation or determination by a court or governmental agency. 8.04 Notice of Termination. If a party desires to terminate this Contract by reason of any of the events described in Section 8.02 or Section 8.03 above, it shall, within three (3) months after it acquires knowledge of such event, deliver to the other party a written notice stating such desire, describing the event, and specifying the date on which this Contract is to terminate, which date shall be at least six (6) months from the date of such notice. 8.05 Option to Renew. If, at the expiration of the fixed term of this Contract as above provided, City is not in default and this Contract is then in full force and effect, the City shall have a right to renew and extend this Contract for an additional period of fifty (50) years on the terms and conditions, providing for the service at a cost which is reasonable, just and nondiscriminatory, provided that City delivers written notice to LNRA by registered or certified, 18 prepaid and properly addressed first class United States mail of its intention to do so not less than ninety (90) days prior to the expiration of the original term herein provided. 8.06 Default. If either party defaults in the observance or performance of any of the provisions, agreements or conditions to be observed or performed on its part under this Contract, the other party may give written notice to the party in default of its intention to terminate this Contract, specifying the failure or default relied upon. Upon the expiration of forty-five (45) days after the giving of such notice, this Contract shall terminate, unless, within such forty-five (45) day period, or such longer period as may be specified in such notice or any amendment of or supplement to such notice, the default specified in such notice shall have been fully cured. 8.07 Rights after Termination. If the City terminates this Contract pursuant to Section 8.03 above, the City shall pay all costs identified in Section 4.01 through the date of termination, including any claims or damages arising out of contracts entered into by LNRA for operation of LNRA Facilities. This provision shall survive any such termination. 8.08 Force Maieure. If by reason of force majeure, either party shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, and if such party gives notice and full particulars of such force majeure, in writing, to the other party within a reasonable time after occurrence of the event or cause relied on, the obligations of the party giving such notice (other than obligations for the payment of money), so far as they are affected by such force majeure, shall be suspended during the continuance of the inability then claimed, including a reasonable time for removal of the effect thereof. The term "force majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, orders of any kind of the Government of the United States, or any state, or any agency or political subdivision of the United States or any state, or any other civil or military authority, insurrection, riots, 19 epidemics, landslides, lightening, earthquakes, fire, hurricanes, tornadoes, storms, floods, washouts, droughts, arrests, civil disturbances, explosions, breakage or accidents to machinery, transmission pipes or canals, shortages of labor, materials, supplies or transportation, or any other cause not reasonably within the control of the party claiming such inability. The requirement that any force majeure shall be reasonably beyond the control of the party shall be deemed to be fulfilled even though the existing or impending strike, lockout or other industrial disturbance may not be settled but could have been settled by acceding to the demand of the opposing person or persons. The parties shall use their best efforts to remove the cause of any force maj eure; provided further, to the extent the inability does not continue the City shall retain its right to receive the volume of water that would have otherwise been delivered, and LNRA shall make delivery of such water as soon as is reasonably possible following resumption of deliveries, or upon such other terms as the parties may agree. 8.09 Assignment. The City may not transfer or assign this Contract, or transfer its rights or delegate its duties hereunder, without the consent of LNRA, which consent shall not be unreasonably withheld. Upon any permitted assignment of this Contract, effective as of the date of such permitted assignment, the City shall be released from all of its obligations under this Contract except any pending and unsatisfied payment obligations as of the date of the permitted assignment. LNRA shall not assign this Contract nor transfer its rights or delegate its duties hereunder without the written consent of the City, except to a successor of the duties and functions of LNRA. 20 8.10 City Audit. Upon reasonable notice, during normal business hours, the City shall be entitled to inspect and review LNRA records of any costs assessed or incurred under this Contract. 8.11 Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed to have been duly given when sent by first-class mail, postage prepaid, addressed 21 if to LNRA: Lavaca-Navidad River Authority PO Box 429 Edna, TX 77957 Attention: General Manager and if to the City: City of Corpus Christi, Texas PO Box 9277 Corpus Christi, TX 78469-9277 Attention: City Manager or, in each case, at such other address as may hereafter have been designated most recently in writing by the addressee to the addressor. 8.12 Governing Law, Entire Agreement, Etc. This Contract (a) may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument; (b) constitutes the entire agreement between LNRA and the City with respect to the subject matter hereof, (c) shall be governed in all respects, including validity, interpretation and effect, by and shall be enforceable in accordance with the laws of the State of Texas; (d) may be modified only by an instrument signed by the duly Authorized Representative of each of the parties, and (e) shall not be construed as a contract for the benefit of a third party other than a permitted successor or assign of a party. In the event that any clause or provisions of this Contract shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provisions shall not affect any of the remaining provisions hereof. Each party may specifically, but only in writing, waive any breach of this Contract by the other party, but no such waiver shall be deemed to constitute a waiver of similar or other breaches by such other party. 22 8.13 Exhibits. Exhibits to this Contract include: Exhibit A Drawing of LNRA Facilities and City-Constructed Improvements Exhibit B Easement Agreement Exhibit C Description (List) of West Delivery System Improvements Exhibit D Bill of Sale and Conveyance of Improvements IN WITNESS WHEREOF, LNRA and the City have caused this Contract to be executed on their behalf by their duly Authorized Representatives, as of the date first set forth above. LAVACA-NAVIDAD RIVER AUTHORITY By: President and Director [SEAL] ATTEST: Vice-President and Director CITY OF CORPUS CHRISTI, TEXAS By: City Manager [SEAL] ATTEST: City Secretary 23 APPROVED AS TO FORM: City Attorney 24 los 0 _ AGENDA MEMORANDUM Future Item for the City Council Meeting of March 18, 2014 xg Action Item for the City Council Meeting of March 25, 2014 DATE:March 7, 2014 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag @cctexas.com 361.826.3850 Resolution Opposing Wind Farm Development in the City's Extra-Territorial Jurisdiction CAPTION: Resolution opposing construction of wind turbines (wind farms) at Chapman Ranch and in other areas within the City's extra-territorial jurisdiction and discouraging wind farm developers from locating in the City's extra-territorial jurisdiction. PURPOSE: New wind farms have recently been proposed in Nueces County, including one near Chapman Ranch in the City of Corpus Christi's extra-territorial jurisdiction. The Chapman Ranch Wind project is a 200 megawatt wind energy facility with about 150 wind turbines proposed by Apex Clean Energy. Currently, no municipalities, counties, state agencies, or federal agencies have statutory authority to regulate the citing, sizing, or density of wind farm developments. The City Council is being asked to adopt a resolution opposing future development of wind turbine developments in the City's extra-territorial jurisdiction, which might stifle residential and commercial growth in the extra-territorial jurisdiction. BACKGROUND AND FINDINGS: South Texas and the Coastal Bend have been targeted as prime areas to develop wind farms because of the steady wind conditions and large areas of undeveloped acreage. Neighboring San Patricio County is home to Papalote Creek Wind Farm near which has an array of 196 wind turbines. The wind farm is operated by E.On Climate and Renewables. E.On plans to build Patriot Wind Farms in Kleberg County near Kingsville. New wind farms have recently been proposed in Nueces County, including one near Chapman Ranch in the City of Corpus Christi's extra-territorial jurisdiction. The Chapman Ranch Wind project is a 200 megawatt wind energy facility with about 150 wind turbines proposed by Apex Clean Energy. Currently, no municipalities, counties, state agencies, or federal agencies have any statutory authority to regulate the citing, sizing, or density of wind farm developments. Wind farm developers. At the same time, wind farm projects are heavily subsidized through production tax credits, accelerated depreciation schedules, and other taxpayer-funded incentives. There have been and there may be other companies in the future who are attempting to enter into lease agreements with landowners in Nueces County and the Coastal Bend for the purpose of erecting wind turbines (wind farms). Outside of its city limits within its extra- territorial jurisdiction, cities have no authority to do land use planning, zoning, or other regulatory controls to effectively manage wind farm development. The Corpus Christi Board of Realtors and the Corpus Christi Builders Association have adopted resolution opposing wind farm development in the City's extra-territorial jurisdiction because of concerns with noise, land devaluation, negative impacts to the tax base, scenic blight, and environmental concerns. ALTERNATIVES: The City Council has several options: 1. Adopt the resolution without changes. 2. Amend the resolution with additional guidance or instruction. 3. Take no action. 4. Work with surrounding cities, counties and school districts to voice opposition to proposed wind farm developments. 5. Work with the Texas Municipal League, the Conference of Urban Counties, the Texas Association of Counties, the Texas Association of School Board, and other interested stakeholders to encourage the 84th Texas Legislature to extend some reasonable level of regulation or land use planning authority to protect the health, safety, and welfare of homeowners and the local government. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY/ NON-EMERGENCY: This is a non-emergency item. DEPARTMENTAL CLEARANCES: Assistant City Manager for Business Support Services, Development Services Department, Public Works, City Attorney FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X 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: None RECOMMENDATION: City staff recommends adoption of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution — Opposing Wind Farm Development Map — Construction Growth Trends RESOLUTION OPPOSING WIND FARM DEVELOPMENT IN THE CITY'S EXTRA TERRITORIAL JURISDICTION WHEREAS,the Governor's Renewable Energy Report stated that"While renewable energy has grown rapidly in Texas, the industry is still young with much room for further growth"; and WHEREAS, new wind farms have recently been proposed in the City of Corpus Christi's extra territorial jurisdiction; and WHEREAS,there have been and there may be other companies in the future which are attempting to enter into lease agreements with landowners in the City of Corpus Christi's extra territorial jurisdiction for the purpose of erecting wind turbines (wind farms); and WHEREAS, no federal or state laws specifically protect the property rights of landowners adjacent to wind farms; and WHEREAS,the developments in the Eagle Ford Shale area and significant international investment by industrial, chemical and manufacturing industries in the Coastal Bend contributed to tightening housing market conditions; and WHEREAS,the primary growth trend for future single family homes, multi-family housing and commercial, retail and office development is on the south side of town, including the City of Corpus Christi's extra territorial jurisdiction; and WHEREAS,wind turbines (wind farms)within the City of Corpus Christi's extra territorial jurisdiction could hinder future residential and commercial development and expansion of the local tax base; and WHEREAS,wind turbines (wind farms) could be detrimental to the environmental integrity and wildlife of Corpus Christi and the Coastal Bend; and WHEREAS,it is widely accepted that land values could be devalued where wind turbines (wind farms) are built and for adjoining properties; and WHEREAS,the construction of such wind turbines (wind farms) may alter the quality of life the residents of Corpus Christi and the Coastal Bend have come to enjoy. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: The location and construction of wind turbines (wind farms)within the City of Corpus Christi's extra territorial jurisdiction be opposed. This resolution takes effect upon City Council approval on this the Twenty-fifth day of March, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas Twenty-Fifth of March, 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 San Patricio County w City of Corpus Christi Growth Trends Date of Construction 2000-2004 2005-2009 2010-2014 Corpus Christi City Limits Corpus Christi ETJ reatetl by Jeremy Mean Date C_reatecl Marcb 10,2014 0 05 I Gulf of Mexico Mi